N.D. Cent. Code § 15-10-56 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-56
15-10-56. Disciplinary proceedings - Right to counsel for students and organizations - Appeals
Status: in_force

15-10-56. Disciplinary proceedings - Right to counsel for students and organizations -

Appeals.

1. Any student enrolled at an institution under the control of the state board of higher

education has the right to be represented, at the student's expense, by the student's

choice of either an attorney or a nonattorney advocate, who may fully participate

during any disciplinary proceeding or during any other procedure adopted and used by

that institution to address an alleged violation of the institution's rules or policies. This

right applies to both the student who has been accused of the alleged violation and to

the student who is the accuser or victim. This right only applies if the disciplinary

proceeding involves a violation that could result in a suspension or expulsion from the

institution. This right does not apply to matters involving academic misconduct. Before

the disciplinary proceeding is scheduled, the institution shall inform the students in

writing of the students' rights under this section.

2. Any student organization officially recognized by an institution under the control of the

state board of higher education has the right to be represented, at the student

organization's expense, by the student organization's choice of either an attorney or

nonattorney advocate, who may fully participate during any disciplinary proceeding or

during any other procedure adopted and used by the institution to address an alleged

violation of the institution's rules or policies. This right only applies if the disciplinary

proceeding involves a violation that could result in the suspension or the removal of

the student organization from the institution. This right applies to both the student

organization that has been accused of the alleged violation and to the accuser or

victim.

3. a. Any student who is suspended or expelled from an institution under the control of

the state board of higher education for a violation of the rules or policies of that

institution and any student organization that is found to be in violation of the rules

or policies of that institution must be afforded an opportunity to appeal the

institution's initial decision to an institutional administrator or body that did not

make the initial decision for a period of one year after receiving final notice of the

institution's decision. The right to appeal the result of the institution's disciplinary

proceeding also applies to the student who is the accuser or victim.

b. The right of the student or the student organization under subsection 1 or 2 to be

represented, at the student's or the student organization's expense, by the

student's or the student organization's choice of either an attorney or a

nonattorney advocate, also applies to the appeal.

c. The issues that may be raised on appeal include new evidence, contradictory

evidence, and evidence that the student or student organization was not afforded

due process. The institutional body considering the appeal may consider police

reports, transcripts, and the outcome of any civil or criminal proceeding directly

related to the appeal.

4. Upon consideration of the evidence, the institutional body considering the appeal may

grant the appeal, deny the appeal, order a new hearing, or reduce or modify the

suspension or expulsion. If the appeal results in the reversal of the decision or a

lessening of the sanction, the institution may reimburse the student for any tuition and

fees paid to the institution for the period of suspension or expulsion which had not

been previously refunded.

5. For purposes of this section, "fully participate" includes the opportunity to make

opening and closing statements, to examine and cross-examine witnesses, and to

provide the accuser or accused with support, guidance, and advice. This section does

not require an institution to use formal rules of evidence in institutional disciplinary

proceedings. The institution, however, shall make good faith efforts to include relevant

evidence and exclude evidence which is neither relevant or probative.

6. This section does not affect the obligation of an institution to provide equivalent rights

to a student who is the accuser or victim in the disciplinary proceeding under this

section, including equivalent opportunities to have others present during any

institutional disciplinary proceeding, to not limit the choice of attorney or nonattorney

advocate in any meeting or institutional disciplinary proceeding, and to provide

simultaneous notification of the institution's procedures for the accused and the

accuser or victim to appeal the result of the institutional disciplinary proceeding.
N.D. Cent. Code § 15-68.1-03 — ND Code / Title 15 / Chapter 15-68.1 / Section 15-68.1-03
15-68.1-03. Powers - Continuing appropriation
Status: in_force

15-68.1-03. Powers - Continuing appropriation

1. The committee may:

a. Accept gifts, grants, and donations of money, property, and services to carry out

this chapter;

b. Expend moneys received under this section to carry out this chapter; and

c. Contract with any person for any purpose related to this chapter.

2. Any moneys received by the committee under this section are appropriated to the

committee on a continuing basis.
N.D. Cent. Code § 15-12-10 — ND Code / Title 15 / Chapter 15-12 / Section 15-12-10
15-12-10. Experiment station - Administered by board - Purpose
Status: in_force

15-12-10. Experiment station - Administered by board - Purpose

The agricultural experiment station established in connection with the North Dakota state

university of agriculture and applied science must be operated under the direction of the state

board of higher education for the purpose of conducting experiments in agriculture according to

the provisions of section 1 of the Act of Congress approved March 2, 1887, entitled "An act to

establish agricultural experiment stations in connection with the colleges established in the

several states under the provisions of an act approved July 2, 1862, and of the acts

supplementary thereto".
N.D. Cent. Code § 15-39.1-11 — ND Code / Title 15 / Chapter 15-39.1 / Section 15-39.1-11
15-39.1-11. Vesting of rights
Status: in_force

15-39.1-11. Vesting of rights

When a tier one member has earned three years of service credit in this state, that member

has a vested right to a retirement annuity but is not entitled to payments under this chapter until

the member meets the requirements set forth in section 15-39.1-10 or 15-39.1-12. When a tier

two member has earned five years of service credit in this state, that member has a vested right

to a retirement annuity but is not entitled to payments under this chapter until the member meets

the requirements set forth in section 15-39.1-10 or 15-39.1-12. When a tier one or tier two

member has attained normal retirement age that member has a vested right to a retirement

annuity under this chapter.
N.D. Cent. Code § 15-08-12 — ND Code / Title 15 / Chapter 15-08 / Section 15-08-12
15-08-12. Cancellation of contracts of sale for default - Notice - Recording cancellation
Status: in_force

15-08-12. Cancellation of contracts of sale for default - Notice - Recording

cancellation.

If the annual interest or any installment of the purchase price is not paid within thirty days

after the same becomes due under the provisions of any contract for sale, or if the taxes are not

paid upon the lands described in said contract in accordance with the provisions of the contract,

the contract is voidable from the time of any such default. The board of university and school

lands, in the case of any voidable contract, may declare the contract canceled by a resolution

adopted for that purpose. Upon such declaration of cancellation, the board shall notify the

holder of the contract by a written notice mailed to the holder's post-office address as shown by

its records and shall cause a certified copy of such resolution to be forwarded to the county

auditor. A certified copy of the resolution may be recorded in the office of the recorder. The

resolution operates as a complete and final cancellation of the contract without any order or

decree of a court except that the purchaser's rights and liabilities continue until the expiration of

the period of redemption. Upon the expiration of the period of redemption after cancellation of

any such contract, the board shall order the commissioner to take possession of the land

described in the contract and serve notice of the expiration of the period of redemption upon the

purchaser and the county auditor. When a contract has been canceled and not redeemed, the

land described therein may not be listed thereafter for taxation until it has been resold.
N.D. Cent. Code § 15-62.1-11 — ND Code / Title 15 / Chapter 15-62.1 / Section 15-62.1-11
15-62.1-11. Coordination with federal programs relating to student loans
Status: repealed

15-62.1-11. Coordination with federal programs relating to student loans

Repealed by S.L. 1979, ch. 267, § 6.
N.D. Cent. Code § 15-11-12 — ND Code / Title 15 / Chapter 15-11 / Section 15-11-12
15-11-12. Geological map of the state
Status: repealed

15-11-12. Geological map of the state

Repealed by S.L. 1989, ch. 646, § 12.
N.D. Cent. Code § 15-52-08 — ND Code / Title 15 / Chapter 15-52 / Section 15-52-08
15-52-08. Center may accept grants, gifts, and rentals - Power to contract
Status: in_force

15-52-08. Center may accept grants, gifts, and rentals - Power to contract

The university of North Dakota school of medicine and health sciences or the university of

North Dakota for the use and benefit of the school of medicine and health sciences is

specifically authorized to accept and use for the purposes of the school of medicine and health

sciences grants, gifts, contributions, fees, rentals, and other payments from any foundation,

individual, firm, corporation, limited liability company, institution, public or private agency, or from

the federal government or any of its departments, agencies, or bureaus; and may, within the

limits of its funds available, enter into such agreements as may be necessary to secure

buildings, supplies, maintenance, material, and equipment; and may contract with public or

private agencies or persons for the rental or use of facilities, services, and equipment not owned

by the school of medicine and health sciences.
N.D. Cent. Code § 15-11-34 — ND Code / Title 15 / Chapter 15-11 / Section 15-11-34
15-11-34. Gifts and grants
Status: repealed

15-11-34. Gifts and grants

Repealed by S.L. 2001, ch. 162, § 7.
N.D. Cent. Code § 15-19-08 — ND Code / Title 15 / Chapter 15-19 / Section 15-19-08
15-19-08. Distance education support and services
Status: in_force

15-19-08. Distance education support and services

The amount of money appropriated by the legislative assembly for distance education

support and services for a biennium, or so much thereof as may be necessary, must be

expended first for work provided by distance education as determined by the center for distance

education and approved by the superintendent of public instruction.
N.D. Cent. Code § 15-07-17 — ND Code / Title 15 / Chapter 15-07 / Section 15-07-17
15-07-17. Terms of sale of nongrant lands sold on amortization contract
Status: repealed

15-07-17. Terms of sale of nongrant lands sold on amortization contract

Repealed by S.L. 1987, ch. 193, § 5.
N.D. Cent. Code § 15-11-19 — ND Code / Title 15 / Chapter 15-11 / Section 15-11-19
15-11-19. Library of law college - Supervision
Status: repealed

15-11-19. Library of law college - Supervision

Repealed by S.L. 2001, ch. 162, § 7.
N.D. Cent. Code § 15-12.1-19 — ND Code / Title 15 / Chapter 15-12.1 / Section 15-12.1-19
15-12.1-19. State board of agricultural research and education - Apportionment of research funds
Status: in_force

15-12.1-19. State board of agricultural research and education - Apportionment of

research funds.

1. The state board of agricultural research and education may use up to ten percent of

the moneys in the agricultural research fund, not to exceed fifty thousand dollars per

year, for administrative expenses and annually shall apportion the remaining proceeds

of the agricultural research fund as follows:

a. Seventy percent to research activities affecting North Dakota agricultural

commodities that account for at least two percent of the gross sales of all

agricultural commodities grown or produced in the state. The percentage of the

dollars available for each agricultural commodity under this section may not

exceed the percentage that the gross sales of the agricultural commodity bear to

the North Dakota gross sales of all agricultural commodities grown or produced

during the previous year, as determined by the agricultural statistics service;

b. Eighteen percent to research activities affecting North Dakota animal agriculture;

and

c. Twelve percent to research activities affecting new and emerging crops in North

Dakota.

2. The state board of agricultural research and education shall solicit proposals for

research from the public and private sectors and shall appoint committees to review

the proposals and award the agricultural research grants on a competitive basis. Each

committee must consist of a majority of agricultural producers selected in consultation

with the agricultural commodity groups representing commodities that are the subjects

of the proposed research and may include researchers and other individuals

knowledgeable about the proposed area of research. Whenever possible, the

committees shall require a grant recipient commit matching funds.

3. The state board of agricultural research and education shall develop policies regarding

the award of research grants, including requirements for matching funds, cooperation

with other in-state and out-of-state researchers, and coordination with other in-state

and out-of-state proposed or ongoing research projects.
N.D. Cent. Code § 15-10-16.1 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-16.1
15-10-16.1. Loans from Bank of North Dakota
Status: in_force

15-10-16.1. Loans from Bank of North Dakota

Institutions under the board of higher education are authorized to borrow, and the Bank of

North Dakota is authorized to loan to those institutions, amounts not to exceed ninety percent of

the value of an institution's certificate of deposit held by the Bank. The term of the loan may not

exceed the term of the certificate of deposit offered as security for the loan. The loans are

subject to such additional terms and conditions as may be established by the Bank.
N.D. Cent. Code § 15-16-02 — ND Code / Title 15 / Chapter 15-16 / Section 15-16-02
15-16-02. Object and courses of study
Status: repealed

15-16-02. Object and courses of study

Repealed by S.L. 1991, ch. 162, § 1.
N.D. Cent. Code § 15-18-05 — ND Code / Title 15 / Chapter 15-18 / Section 15-18-05
15-18-05. County levy to aid in the financing of residual or other fiscal obligations of a junior college or educational center authorized
Status: repealed

15-18-05. County levy to aid in the financing of residual or other fiscal obligations of a

junior college or educational center authorized.

Repealed by S.L. 1999, ch. 154, § 2.
N.D. Cent. Code § 15-10-63 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-63
15-10-63. Capital projects
Status: in_force

15-10-63. Capital projects

1. The university of North Dakota and North Dakota state university shall identify other

funds from gifts, grants, donations, the university system capital building fund, or other

local funds for at least thirty percent of the total estimated cost of a capital project

request submitted to the legislative assembly.

2. Bismarck state college, lake region state college, Williston state college, the North

Dakota state college of science, Dickinson state university, Mayville state university,

Minot state university, Valley City state university, and Dakota college at Bottineau

shall identify other funds from gifts, grants, donations, the university system capital

building fund, or other local funds for at least five percent of the total estimated cost of

a capital project request submitted to the legislative assembly.

3. An institution under the control of the state board of higher education may undertake a

facility renovation project only if the project will reduce the deferred maintenance

amount of the facility by no less than seventy five percent of the total cost of the

renovation. The institution shall maintain documentation that demonstrates the cost

and scope of the deferred maintenance reduction that results directly from the

renovation. This subsection does not apply to projects undertaken solely to correct

building code deficiencies or to installations of infrastructure determined by the board

to be essential to the mission of the institution.

4. Facility construction and renovation projects undertaken by an institution under the

control of the state board of higher education must conform to campus master plan

and space utilization requirements approved by the state board of higher education.
N.D. Cent. Code § 15-08-04 — ND Code / Title 15 / Chapter 15-08 / Section 15-08-04
15-08-04. Surveys to be made when necessary - Continuing appropriation for expenses
Status: in_force

15-08-04. Surveys to be made when necessary - Continuing appropriation for

expenses.

If it appears necessary in order to ascertain the true boundaries of any tract of land or to

enable the commissioner of university and school lands to describe or dispose of the same in

suitable and convenient lots, the board of university and school lands may order all necessary

surveys to be made. There is appropriated annually the amounts necessary to pay all expenses

under this section. Each payment must be made from the trust fund for which the land is held.
N.D. Cent. Code § 15-08-28 — ND Code / Title 15 / Chapter 15-08 / Section 15-08-28
15-08-28. Penalty
Status: in_force

15-08-28. Penalty

An individual who violates any provision of this chapter, for which another penalty is not

specifically provided for a substantially similar offense, is guilty of a noncriminal offense for

which a fee of one hundred dollars must be assessed.
N.D. Cent. Code § 15-10-33 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-33
15-10-33. Granting easements to state-owned land by the state board of higher education
Status: repealed

15-10-33. Granting easements to state-owned land by the state board of higher

education.

Repealed by S.L. 1973, ch. 406, § 2.
N.D. Cent. Code § 15-39.2-01.2 — ND Code / Title 15 / Chapter 15-39.2 / Section 15-39.2-01.2
15-39.2-01.2. College teachers - Military service credit purchase
Status: in_force

15-39.2-01.2. College teachers - Military service credit purchase

College teachers who elected to remain under the provisions of chapter 15-39 may

purchase military service as credit in the fund as allowed under the provisions of section

15-39.1-24.
N.D. Cent. Code § 15-18.1-02 — ND Code / Title 15 / Chapter 15-18.1 / Section 15-18.1-02
15-18.1-02. Exemptions
Status: in_force

15-18.1-02. Exemptions

The following education and educational schools or institutions are exempted from the

provisions of this chapter:

1. Educational programs conducted by a trade, business, professional, or fraternal

organization, solely for that organization's membership, or offered on a no-fee basis.

2. Education offered by charitable institutions, organizations, or agencies, so recognized

by the board, provided the education is not advertised or promoted as leading toward

educational credentials.

3. Postsecondary educational institutions established, operated, and governed by this

state.

4. Private four-year institutions chartered or incorporated and operating in the state prior

to July 1, 1977, so long as the institutions retain accreditation and are recognized by

the United States department of education.

5. Schools of nursing regulated under chapter 43-12.1.

6. Native American colleges operating in this state, established by federally recognized

Indian tribes.

7. Institutions whose only physical presence in this state consists of students enrolled in

practicums, internships, clinicals, or student teaching in this state.

8. Postsecondary career schools regulated under chapter 15-20.4.
N.D. Cent. Code § 15-12-02 — ND Code / Title 15 / Chapter 15-12 / Section 15-12-02
15-12-02. Objects and courses of instruction
Status: repealed

15-12-02. Objects and courses of instruction

Repealed by S.L. 1991, ch. 162, § 1.
N.D. Cent. Code § 15-07-03 — ND Code / Title 15 / Chapter 15-07 / Section 15-07-03
15-07-03. Sale of nongrant lands authorized
Status: in_force

15-07-03. Sale of nongrant lands authorized

The board of university and school lands may sell nongrant land at either private or public

sale as provided in this chapter. Any sale is subject to any existing lease of the land.
N.D. Cent. Code § 15-04-13.1 — ND Code / Title 15 / Chapter 15-04 / Section 15-04-13.1
15-04-13.1. Liability of lessee to public
Status: in_force

15-04-13.1. Liability of lessee to public

Whenever the board of university and school lands includes a provision in a lease

authorizing public access to leased lands, the lessee is not liable to any person injured on the

land except for gross negligence or malicious acts.
N.D. Cent. Code § 15-13-09 — ND Code / Title 15 / Chapter 15-13 / Section 15-13-09
15-13-09. Administration of students' loan fund
Status: repealed

15-13-09. Administration of students' loan fund

Repealed by S.L. 1999, ch. 157, § 4.
N.D. Cent. Code § 15-12-28 — ND Code / Title 15 / Chapter 15-12 / Section 15-12-28
15-12-28. Dairy diagnostic teams
Status: in_force

15-12-28. Dairy diagnostic teams

The North Dakota state university extension service shall appoint regional dairy diagnostic

teams consisting of agricultural business management professionals, dairy extension

specialists, and dairy industry partners such as nutrition specialists, reproductive specialists,

and animal health specialists. At the request of a dairy producer, a dairy diagnostic team shall

conduct a site visit, offer the dairy producer educational and technological assistance, and

develop a strategic plan to enhance the producer's productivity and profitability.
N.D. Cent. Code § 15-39.1-04 — ND Code / Title 15 / Chapter 15-39.1 / Section 15-39.1-04
15-39.1-04. Definitions
Status: in_force

15-39.1-04. Definitions

For purposes of this chapter, unless the context or subject matter otherwise requires:

1. "Actuarial equivalent" means the amount calculated to be of equal actuarial value to

the benefit otherwise payable when computed on the basis of actuarial assumptions

and methods adopted by the board.

2. "Beneficiary" means a person, estate, trust, or organization designated in writing by a

participating member to receive benefits provided by this plan, in receipt of benefits, or

otherwise provided under section 15-39.1-17.

3. "Board" means the board of trustees of the teachers' fund for retirement.

4. "Contract" means a written agreement with a school board or other governing body of

a school district or special education unit of this state or a letter of appointment by a

state institution, state agency, or other employer participating in the fund.

5. "Fund" means the teachers' fund for retirement.

6. "Interest" as applied to member assessments is an annual rate of six percent

compounded monthly and as applied to the repurchase of credit for withdrawn years is

six percent compounded annually.

7. "Normal retirement age" means the age at which a member becomes eligible for

monthly lifetime normal unreduced retirement benefits as provided in subsection 1 of

section 15-39.1-10.

8. "Retirement" means cessation of covered employment and acceptance of a benefit

under former chapter 15-39, or chapter 15-39.1 or 15-39.2.

9. "Retirement annuity" means the payments made by the fund to a member after

retirement.

10. "Salary" means a member's earnings in eligible employment under this chapter for

teaching, supervisory, administrative, and extracurricular services during a plan year

reported as salary on the member's federal income tax withholding statements plus

any salary reduction or salary deferral amounts under 26 U.S.C. 125, 132(f), 401(k),

403(b), 414(h), or 457, as amended. "Salary" includes amounts paid to members for

performance of duties, unless amounts are conditioned on or made in anticipation of

an individual member's retirement or termination. The annual salary of each member

taken into account in determining benefit accruals and contributions may not exceed

the annual compensation limits established under 26 U.S.C. 401(a)(17)(B), as

amended, as adjusted for increases in the cost of living in accordance with 26 U.S.C.

401(a)(17)(B), as amended. A salary maximum is not applicable to members whose

participation began before July 1, 1996. "Salary" does not include:

a. Fringe benefits or side, nonwage, benefits that accompany or are in addition to a

member's employment, including insurance programs, annuities, transportation

allowances, housing allowances, meals, lodging, or expense allowances, or other

benefits provided by a member's employer.

b. Insurance programs, including medical, dental, vision, disability, life, long-term

care, workforce safety and insurance, or other insurance premiums or benefits.

c. Payments for unused sick leave, personal leave, vacation leave, or other unused

leave.

d. Early retirement incentive pay, severance pay, or other payments conditioned on

or made in anticipation of retirement or termination.

e. Teacher's aide pay, referee pay, bus driver pay, or janitorial pay.

f. Amounts received by a member in lieu of previously employer-provided benefits

or payments that are made on an individual selection basis.

g. Signing bonuses as defined under section 15.1-09-33.1.

h. Other benefits or payments not defined in this section which the board

determines to be ineligible teachers' fund for retirement salary.

11. "State institution" includes North Dakota vision services - school for the blind, the

school for the deaf, and the North Dakota youth correctional center.

12. "Teacher" means:

a. All persons licensed by the education standards and practices board who are

contractually employed in teaching, supervisory, administrative, or extracurricular

services by a state institution, multidistrict special education unit, area career and

technology center, regional education association, school board, or other

governing body of a school district of this state, including superintendents,

assistant superintendents, business managers, principals, assistant principals,

and special teachers. For purposes of this subdivision, "teacher" includes

persons contractually employed by one of the above employers to provide

teaching, supervisory, administrative, or extracurricular services to a separate

state institution, state agency, multidistrict special education unit, area career and

technology center, regional education association, school board, or other

governing body of a school district of this state under a third-party contract.

b. The superintendent of public instruction, assistant superintendents of public

instruction, county superintendents, assistant superintendents, supervisors of

instruction, the professional staff of the department of career and technical

education, the professional staff of the center for distance education, the

executive director and professional staff of North Dakota united who are

members of the fund on July 1, 1995, the professional staff of an interim school

district, and the professional staff of the North Dakota high school activities

association who are members of the fund on July 1, 1995.

c. The executive director and professional staff of the North Dakota council of

school administrators who are members of the fund on July 1, 1995, and licensed

staff of teachers centers, but only if the person was previously a member of and

has credits in the fund.

d. Employees of institutions under the control and administration of the state board

of higher education who are members of the fund on July 16, 1989.

13. "Tier one grandfathered member" for purposes of sections 15-39.1-10 and 15-39.1-12

means a tier one member who, as of June 30, 2013, is vested as a tier one member in

accordance with section 15-39.1-11; and

a. Is at least fifty-five years of age; or

b. Has a combined total of years of service credit in the plan and years of age which

equals or exceeds sixty-five.

14. "Tier one member" means a teacher who has credit in the system on July 1, 2008, and

has not taken a refund pursuant to section 15-39.1-20 after June 30, 2008.

15. "Tier one nongrandfathered member" for purposes of sections 15-39.1-10 and

15-39.1-12 means a tier one member who does not qualify as a tier one grandfathered

member.

16. "Tier two member" means a teacher who is not a tier one member.
N.D. Cent. Code § 15-10-47 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-47
15-10-47. Construction projects at institutions of higher education - Variance reports
Status: in_force

15-10-47. Construction projects at institutions of higher education - Variance reports

1. Whenever any new construction, renovation, or repair, valued at more than two

hundred fifty thousand dollars is underway on the campus of an institution of higher

education under the control of the state board of higher education, the board shall

provide semiannual project variance reports to the director of the office of

management and budget. Each report must include:

a. The name or a description of the project;

b. The expenditure authorized by the legislative assembly;

c. The amount of the original contract;

d. The amount of any change orders;

e. The amount of any potential or anticipated change orders;

f. The sum of subdivisions c through e and the amount by which that sum varies

from the expenditure authorized by the legislative assembly;

g. The total expended for the project to date; and

h. The scheduled date of completion as noted in the original contract and the latest

available scheduled date of completion.

2. The state board of higher education also shall provide to the director of the office of

management and budget, at the same time as the project variance report required by

subsection 1:

a. A brief description of each change order included in subdivision d of subsection 1;

and

b. A list of each public and nonpublic entity that has a contractually reflected

financial obligation with respect to the project.

3. The office of management and budget shall review the information received under this

section and provide reports to the budget section of the legislative management upon

request.
N.D. Cent. Code § 15-10-01.2 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-01.2
15-10-01.2. North Dakota university system - Unified system of higher education
Status: in_force

15-10-01.2. North Dakota university system - Unified system of higher education

The institutions of higher education under the control of the state board of higher education

are a unified system of higher education, as established by the board, and are designated as

the North Dakota university system.
N.D. Cent. Code § 15-52-30 — ND Code / Title 15 / Chapter 15-52 / Section 15-52-30
15-52-30. Contracts or agreements authorized - Legislative intent
Status: in_force

15-52-30. Contracts or agreements authorized - Legislative intent

1. The state board of higher education is authorized to enter into contracts or

agreements, both interstate and intrastate, to provide medical education opportunities.

These contracts and agreements must be made within the limits of available legislative

appropriation and may be for such periods of time as the state board of higher

education deems necessary.

2. It is the intent of the legislative assembly that the state of North Dakota, through its

state board of higher education, provide for a comprehensive program of medical

education leading to a doctor of medicine degree.
N.D. Cent. Code § 15-39.1-07 — ND Code / Title 15 / Chapter 15-39.1 / Section 15-39.1-07
15-39.1-07. Vacancies - Rulemaking power
Status: in_force

15-39.1-07. Vacancies - Rulemaking power

Vacancies which may occur among the appointed members of the board must be filled by

the governor and the appointee shall complete the term for which the original member was

selected. The board may adopt such rules as may be necessary to fulfill the responsibilities of

the board.
N.D. Cent. Code § 15-10.6-03 — ND Code / Title 15 / Chapter 15-10.6 / Section 15-10.6-03
15-10.6-03. Adverse action against institution prohibition
Status: in_force

15-10.6-03. Adverse action against institution prohibition

A government entity, a licensing or accrediting organization, or an athletic association or

organization may not entertain a complaint, open an investigation, or take any other adverse

action against an institution for maintaining separate intercollegiate or intramural athletic teams

or sports for students of the female sex.
N.D. Cent. Code § 15-10-44 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-44
15-10-44. Higher education information technology - Board duties - Reports
Status: in_force

15-10-44. Higher education information technology - Board duties - Reports

1. The state board of higher education shall manage and regulate information technology

planning and services for institutions under its control, including:

a. Development of information technology policies, standards, and guidelines in

coordination with the information technology department.

b. Implementation of a process for project management oversight and reporting.

c. Integration of higher education information technology planning and reporting with

the board's strategic planning process and annual performance and

accountability report required by section 15-10-14.2.

d. Participation in internet2 or other advanced higher education or research-related

networking projects as provided in section 54-59-08.

e. Development of an annual report concerning higher education information

technology planning and services.

f. Requiring utilization by each institution under the control and supervision of the

board of systemwide electronic mail services provided by the board for all public

business electronic correspondence.

g. Development and implementation of an electronic mail retention policy for the

board and institutions under the supervision and control of the board which

requires retention of nonstudent employee electronic mail messages for at least

one year after the creation or receipt of the message unless the electronic mail

message includes malware or regulated information as defined under section

54-59.1-01.

2. The state board of higher education shall collaborate with the information technology

department to coordinate higher education information technology planning with

statewide information technology planning.

3. The state board of higher education shall provide advice to the information technology

department regarding the development of policies, standards, and guidelines relating

to access to or use of wide area network services as provided by section 54-59-09.

4. The state board of higher education shall present information regarding higher

education information technology planning, services, and major projects to the

information technology committee on request of the committee.
N.D. Cent. Code § 15-10.7-03 — ND Code / Title 15 / Chapter 15-10.7 / Section 15-10.7-03
15-10.7-03. Prohibition on specified concept training
Status: in_force

15-10.7-03. Prohibition on specified concept training

1. An institution under the control of the state board of higher education may not:

a. Conduct mandatory noncredit earning training of a student or employee if the

training includes a specified concept.

b. Use a noncredit earning training program or training materials in a noncredit

earning training for a student or employee if the program or material includes a

specified concept.

c. Use funds appropriated by the state to incentivize, beyond payment of regular

salary or other regular compensation, a faculty member to incorporate a specified

concept into academic curriculum.

2. If an institution under the control of the state board of higher education employs an

individual whose primary duties include diversity, the duties of that employee also must

include efforts to strengthen and increase intellectual diversity among students and

faculty of the institution at which the individual is employed.
N.D. Cent. Code § 15-06-14 — ND Code / Title 15 / Chapter 15-06 / Section 15-06-14
15-06-14. Subdivision of land into small tracts or lots
Status: repealed

15-06-14. Subdivision of land into small tracts or lots

Repealed by S.L. 1947, ch. 160, § 12.
N.D. Cent. Code § 15-06-30 — ND Code / Title 15 / Chapter 15-06 / Section 15-06-30
15-06-30. Sale of lots and parcels - New appraisal - Terms of sale
Status: in_force

15-06-30. Sale of lots and parcels - New appraisal - Terms of sale

All parcels or lots appraised in accordance with sections 15-06-22 and 15-06-23 are subject

to sale in the same manner, upon the same terms and conditions, and at the prices not less

than that at which they are appraised severally until a new appraisal is made, and the contract

of purchase shall have the same effect. The board of university and school lands may order a

new appraisal of such lands to be made at any time in the manner provided in this chapter and

with like effect. No lots or parcels so appraised may be sold for less than the minimum price of

the land established in this chapter.
N.D. Cent. Code § 15-10-27 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-27
15-10-27. Appropriations for specific purposes - Payment
Status: repealed

15-10-27. Appropriations for specific purposes - Payment

Repealed by S.L. 1965, ch. 120, § 6.
N.D. Cent. Code § 15-08-01.1 — ND Code / Title 15 / Chapter 15-08 / Section 15-08-01.1
15-08-01.1. Oil and gas bonus payments - Apportionment and distribution
Status: repealed

15-08-01.1. Oil and gas bonus payments - Apportionment and distribution

Repealed by S.L. 1985, ch. 82, § 162.
N.D. Cent. Code § 15-10-10.1 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-10.1
15-10-10.1. State commissioner of higher education - Contract terms - Institution position
Status: in_force

15-10-10.1. State commissioner of higher education - Contract terms - Institution

position.

The state board of higher education may enter into a personnel contract with the state

commissioner of higher education. The personnel contract may provide for the commissioner to

become a faculty or staff member at an institution under the control of the state board of higher

education when the contract term is complete. The salaries and wages of a person who

becomes a faculty or staff member pursuant to this section must be paid from the appropriation

to the North Dakota university system office. The North Dakota university system office may not

assess institutions under the control of the state board of higher education to recover the cost of

the salaries and wages paid pursuant to this section.
N.D. Cent. Code § 15-08-18.4 — ND Code / Title 15 / Chapter 15-08 / Section 15-08-18.4
15-08-18.4. Taxation after reinstatement
Status: repealed

15-08-18.4. Taxation after reinstatement

Repealed by omission from this code.
N.D. Cent. Code § 15-55-07 — ND Code / Title 15 / Chapter 15-55 / Section 15-55-07
15-55-07. Endorsement of bonds - Attorney general to approve - Incontestable - Exception
Status: in_force

15-55-07. Endorsement of bonds - Attorney general to approve - Incontestable -

Exception.

All bonds issued under the provisions of this chapter must have endorsed thereon a

statement to the effect that the same do not constitute an obligation of the state of North

Dakota, the state board of higher education, nor the individual members, officers, or agents

thereof, nor of the institution upon the campus of which the building or campus improvement is

located, and that the said bonds are payable solely and only out of the revenues to be produced

and received from the operation of said building or campus improvement. Such bonds must be

submitted to the attorney general of North Dakota for examination and when such bonds have

been examined and certified as legal obligations by the attorney general in accordance with

such requirements as the attorney general may make, are incontestable in any court in this

state unless suit thereon is brought in a court having jurisdiction thereof within thirty days from

the date of such approval. Bonds so approved by the attorney general are prima facie valid and

binding obligations according to their terms and the only defense which may be offered thereto

in any suit instituted after such thirty-day period has expired is forgery, fraud, or violation of the

constitution.
N.D. Cent. Code § 15-68-06 — ND Code / Title 15 / Chapter 15-68 / Section 15-68-06
15-68-06. Continuing appropriation
Status: in_force

15-68-06. Continuing appropriation

There is appropriated annually the amounts necessary to pay expenses for lands donated

under this chapter and managed by the board of university and school lands, including survey

costs, surface lease refunds, weed and insect control, cleanup costs, capital improvement rent

credits, in lieu of tax payments, or expenses determined by the board as necessary to manage,

preserve, and enhance the value of the trust asset. Each payment must be made from the trust

fund account for which the land is held.
N.D. Cent. Code § 15-20.4-19 — ND Code / Title 15 / Chapter 15-20.4 / Section 15-20.4-19
15-20.4-19. Compliance with professional board registration and certification requirements
Status: in_force

15-20.4-19. Compliance with professional board registration and certification

requirements.

A postsecondary career school shall give written notification to potential students applying

for enrollment in a course or program that customarily leads to professional registration or

certification of the status of the course or program compliance with the registration or

certification requirements of the appropriate professional board in the state. A postsecondary

career school shall give written notification to all students enrolled in a program or course that

customarily leads to professional registration or certification of any change in the status of the

course or program compliance with the registration or certification requirements of the

appropriate professional board in the state.
N.D. Cent. Code § 15-20.1-10 — ND Code / Title 15 / Chapter 15-20.1 / Section 15-20.1-10
15-20.1-10. Specific powers - Tuition payments - Bond issues
Status: repealed

15-20.1-10. Specific powers - Tuition payments - Bond issues

Repealed by S.L. 2003, ch. 138, § 104.
N.D. Cent. Code § 15-10-38.4 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-38.4
15-10-38.4. Dual-credit courses - Tuition scholarship program - Administered by the board
Status: in_force

15-10-38.4. Dual-credit courses - Tuition scholarship program - Administered by the

board.

1. The state board of higher education shall administer a dual-credit tuition scholarship

program to offer a tuition scholarship to students. The board shall adopt procedures to

administer the program.

2. An eligible student may apply to the board to receive a scholarship toward the cost of

tuition and fees at the accredited in-state public, private, or tribal institution of higher

education at which the student is enrolled. To be eligible to receive a scholarship, an

individual must:

a. Be enrolled and have completed at least one semester, quarter, or term at a

public, private, or tribal institution of higher education with a physical presence in

the state;

b. Have:

(1) Graduated from a high school in the state;

(2) Graduated from a high school in a bordering state under chapter 15.1-29;

(3) Graduated from a nonpublic high school in a bordering state while residing

with a custodial parent in this state; or

(4) Completed a program of home education under chapter 15.1-23; and

c. Have successfully completed at least one dual-credit course provided by an

accredited public, private, or tribal institution in the state while enrolled in high

school or a program of home education in the state.

3. The state board of higher education shall provide an eligible student with a tuition

scholarship equal to two hundred fifty dollars for one successfully completed

dual-credit course, five hundred dollars for two successfully completed dual-credit

courses, or seven hundred fifty dollars for three or more successfully completed

dual-credit courses. The dual-credit courses must be provided by an accredited public,

private, or tribal institution in the state, and completed by the student while in high

school or a program of home education. A scholarship received by a student during

any semester, quarter, or term of enrollment under this section may not exceed the

cost of tuition and fees for the semester, quarter, or term.

4. The board may not issue a scholarship under this section which is in excess of the

total cost of attendance, as determined by the institution of higher education, when

considering all financial aid sources.
N.D. Cent. Code § 15-10-59 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-59
15-10-59. Annual report - Scholarships (Effective through July 31, 2030)
Status: in_force

15-10-59. Annual report - Scholarships. (Effective through July 31, 2030)

The state board of higher education shall provide to the legislative management an annual

report regarding the number of North Dakota scholarships, North Dakota academic

scholarships, and North Dakota career and technical education scholarships provided and

demographic information pertaining to the recipients.

Annual report - Scholarships. (Effective after July 31, 2030) The state board of higher

education shall provide to the legislative management an annual report regarding the number of

North Dakota scholarships provided and demographic information pertaining to the recipients.
N.D. Cent. Code § 15-20.1-09 — ND Code / Title 15 / Chapter 15-20.1 / Section 15-20.1-09
15-20.1-09. Board membership - Powers and duties
Status: repealed

15-20.1-09. Board membership - Powers and duties

Repealed by S.L. 1993, ch. 62, § 20.
N.D. Cent. Code § 15-01-02.1 — ND Code / Title 15 / Chapter 15-01 / Section 15-01-02.1
15-01-02.1. Board of university and school lands to set and establish fees - Collections
Status: in_force

15-01-02.1. Board of university and school lands to set and establish fees -

Collections.

The board of university and school lands shall have authority to set and establish fees in

amounts equal to the cost of the issuance of patents, deeds, leases, assignments, land

contracts, holding land sales, furnishing documents, receiving and processing all loans made by

the board, managing property acquired under chapter 15-08.1, and managing property for other

state entities. All fees provided for in this section must be deposited in the state lands

maintenance fund.
N.D. Cent. Code § 15-72-02 — ND Code / Title 15 / Chapter 15-72 / Section 15-72-02
15-72-02. Powers and duties of the board - Transfer
Status: in_force

15-72-02. Powers and duties of the board - Transfer

The board of university and school lands shall set up a coal mine reclamation trust. The coal

mine reclamation trust may receive and accept assets as directed by the public service

commission which are held in the public service commission's custody under North Dakota

Administrative Code section 69-05.2-12-04 as collateral in a security agreement with any person

as defined in section 38-14.1-02. The commissioner of university and school lands shall consult

with the public service commission in carrying out the powers and duties of administering the

coal mine reclamation trust. Any expenses incurred by the board of university and school lands

or the public service commission under this section must be reimbursed by the permit applicant

or qualified third party.
N.D. Cent. Code § 15-07-07.1 — ND Code / Title 15 / Chapter 15-07 / Section 15-07-07.1
15-07-07.1. Former conveyances confirmed
Status: in_force

15-07-07.1. Former conveyances confirmed

In all cases where nongrant lands have been conveyed by conveyances executed

otherwise than is provided by section 15-07-07, such conveyances are hereby in all things

ratified and confirmed.
N.D. Cent. Code § 15-18.2-05 — ND Code / Title 15 / Chapter 15-18.2 / Section 15-18.2-05
15-18.2-05. Base funding - Determination of state aid
Status: in_force

15-18.2-05. Base funding - Determination of state aid

1. Except as provided under subsections 2 and 3, to determine the state aid payment to

which each institution under its control is entitled, the state board of higher education

shall multiply the product determined under section 15-18.2-03 by a base amount of:

a. $79.57 in the case of North Dakota state university and the university of North

Dakota;

b. $111.55 in the case of Dickinson state university, Mayville state university, Minot

state university, and Valley City state university; and

c. $119.91 in the case of Bismarck state college, Dakota college at Bottineau, Lake

Region state college, North Dakota state college of science, and Williston state

college.

2. For institutions under subdivision b of subsection 1, the state board of higher

education shall multiply the product determined under section 15-18.2-03 for credits

completed in instructional programs under subdivision k of subsection 1 of section

15-18.2-02 by the base amount under subdivision c of subsection 1.

3. For institutions under subdivision c of subsection 1, the state board of higher education

shall multiply the product determined under section 15-18.2-03 for upper division

credits completed in instructional programs under subdivisions a through j of

subsection 1 of section 15-18.2-02 by the base amount under subdivision b of

subsection 1.
N.D. Cent. Code § 15-63-01 — ND Code / Title 15 / Chapter 15-63 / Section 15-63-01
15-63-01. State board for Native American scholarships
Status: in_force

15-63-01. State board for Native American scholarships

There is hereby established a state board for Native American scholarships consisting of a

Native American appointed by the governor, the executive director of the state Indian affairs

commission, and the commissioner of higher education or the commissioner's designee. The

commissioner of higher education or the commissioner's designee shall serve as chairperson

and the executive director of the state Indian affairs commission shall serve as secretary of the

board for Native American scholarships. The state board of higher education shall request

scholarship funds and staff to administer the Native American scholarship program in the

board's biennial budget request.
N.D. Cent. Code § 15-08.1-05.1 — ND Code / Title 15 / Chapter 15-08.1 / Section 15-08.1-05.1
15-08.1-05.1. Validation of conveyances
Status: in_force

15-08.1-05.1. Validation of conveyances

All conveyances of interests in real property to the board of university and school lands

which were effected by this chapter prior to July 12, 1989, are hereby validated and confirmed,

and all contracts, agreements, conveyances, or other transfers of interests in real property

made by the board of university and school lands under the authority of this chapter prior to

July 12, 1989, are hereby validated and confirmed, and are binding upon the Bank of North

Dakota.
N.D. Cent. Code § 15-10.5-01 — ND Code / Title 15 / Chapter 15-10.5 / Section 15-10.5-01
15-10.5-01. Midwestern regional higher education compact
Status: in_force

15-10.5-01. Midwestern regional higher education compact

The midwestern regional higher education compact is adopted as follows:

ARTICLE I - PURPOSE

The purpose of the midwestern higher education compact is to provide greater higher

education opportunities and services in the midwestern region, with the aim of furthering

regional access to, research in, and choice of higher education for the citizens residing in the

states that are parties to this compact.

ARTICLE II - THE COMMISSION

1. The compacting states create the midwestern higher education commission,

hereinafter called the commission. The commission is a body corporate of each

compacting state. The commission has all the responsibilities, powers, and duties set

forth in this chapter, including the power to sue and be sued, and any additional

powers conferred upon it by subsequent action of the respective legislative assemblies

of the compacting states in accordance with the terms of this compact.

2. The commission consists of the following five resident members from each state: the

governor or the governor's designee who serves during the tenure of office of the

governor; two legislators, one from each house, except for Nebraska, which may

appoint two legislators from its legislative assembly, who serve two-year terms and are

appointed by the appropriate appointing authority in each house of the legislative

assembly; and two other at large members, at least one of whom is to be selected

from the field of higher education. The at large members are to be appointed as

provided by the laws of the appointing state. One of the two at large members initially

appointed in each state serves a two-year term. The other, and any regularly

appointed successor to either at large member, serves a four-year term. All vacancies

are to be filled in accordance with the laws of the appointing states. Any commissioner

appointed to fill a vacancy serves until the end of the incomplete term.

3. The commission shall select annually, from among its members, a chairman, a vice

chairman, and a treasurer.

4. The commission shall appoint an executive director who serves at its pleasure and

who is secretary to the commission. The treasurer, the executive director, and other

personnel as the commission determines must be bonded in the amounts required by

the commission.

5. The commission shall meet at least once each calendar year. The chairman may call

additional meetings and upon the request of a majority of the commission members of

three or more compacting states, shall call additional meetings. The commission shall

give public notice of all meetings. All meetings must be open to the public.

6. Each compacting state represented at any meeting of the commission is entitled to

one vote. A majority of the compacting states constitute a quorum for the transaction of

business, unless a larger quorum is required by the bylaws of the commission.

ARTICLE III - POWERS AND DUTIES OF THE COMMISSION

1. The commission shall adopt bylaws governing its management and operations.

2. Notwithstanding the laws of any compacting state, the commission shall provide for

the personnel policies and programs of the compact in its bylaws.

3. The commission shall submit a budget to the governor and legislative assembly of

each compacting state at the time and for the period required by each state. The

budget must contain recommendations regarding the amount to be appropriated by

each compacting state.

4. The commission shall report annually to the legislative assemblies and governors of

the compacting states, to the midwestern governors' conference, and to the

midwestern legislative conference of the council of state governments regarding the

activities of the commission during the preceding year. The reports must include any

recommendations that have been adopted by the commission.

5. The commission may borrow, accept, or contract for the services of personnel from

any state or from the United States, or from any subdivision or agency thereof, from

any interstate agency, or from any person.

6. The commission may accept for any of its purposes and functions under the compact

donations and grants of money, equipment, supplies, materials, and services,

conditional or otherwise, from any state or the United States or from any subdivision or

agency thereof, from an interstate agency, or from any person, and may receive, use,

and dispose of the same.

7. The commission may enter agreements with any other interstate education

organization or agency, with institutions of higher education located in nonmember

states, and with any of the various states to provide adequate programs and services

in higher education for the citizens of the respective compacting states. After

negotiations with interested institutions and interstate organizations or agencies, the

commission shall determine the cost of providing the programs and services in higher

education for use in these agreements.

8. The commission may establish and maintain offices in one or more of the compacting

states.

9. The commission may establish committees and hire staff as necessary to carry out its

functions.

10. The commission may provide for actual and necessary expenses for the attendance of

its members at official meetings of the commission or of its designated committees.

ARTICLE IV - ACTIVITIES OF THE COMMISSION

1. The commission shall collect data on the long-range effects of the compact on higher

education. By the end of the fourth year from the effective date of the compact and

every two years thereafter, the commission shall review its accomplishments and

make recommendations to the governors and legislative assemblies of the compacting

states regarding continuance of the compact.

2. The commission shall study higher education issues that are of particular concern to

the midwestern region. The commission also shall study the need for higher education

programs and services in the compacting states and the resources for meeting those

needs. The commission shall prepare reports, on its research, for presentation to the

governors and legislative assemblies of the compacting states, as well as to other

interested parties. In conducting the studies, the commission may confer with any

national or regional planning body. The commission may draft and recommend to the

governors and legislative assemblies of the various compacting states suggested

legislation addressing issues in higher education.

3. The commission shall study the need for the provision of adequate programs and

services in higher education, such as undergraduate, graduate, or professional student

exchanges in the region. If a need for exchange in a field is apparent, the commission

may enter agreements with any institution of higher education and with any

compacting state to provide programs and services in higher education for the citizens

of the respective compacting states. After negotiating with interested institutions and

the compacting states, the commission shall determine the cost of providing the

programs and services in higher education for use in its agreements. The contracting

states shall contribute funds not otherwise provided, as determined by the

commission, to carry out the agreements. The commission may also serve as the

administrative and fiscal agent in carrying out agreements for higher education

programs and services.

4. The commission shall serve as a clearinghouse for information regarding higher

education activities among institutions and agencies.

5. The commission may provide services and research in any other area of regional

concern.

ARTICLE V - FINANCE

1. The compacting states will appropriate the amount necessary to finance the general

operations of the commission, not otherwise provided for, when authorized by their

respective legislative assemblies. The amount must be apportioned equally among the

compacting states.

2. The commission may not incur any obligations prior to the passage of appropriations

adequate to meet the same; nor may the commission pledge the credit of any of the

compacting states, except by and with the authority of the compacting state.

3. The commission shall keep accurate accounts of its receipts and disbursements. The

receipts and disbursements of the commission are subject to the audit and accounting

procedures established under its bylaws. All receipts and disbursements handled by

the commission must be audited yearly by a certified or licensed public accountant and

the report of the audit must be included in and become part of the annual report of the

commission.

4. The accounts of the commission must be open at any reasonable time for inspection

by duly authorized representatives of the compacting states and by persons

authorized by the commission.

ARTICLE VI - ELIGIBLE PARTIES AND ENTRY INTO FORCE

1. The states of Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska,

North Dakota, Ohio, South Dakota, and Wisconsin are eligible to become parties to

this compact. Additional states may be eligible if approved by a majority of the

compacting states.

2. This compact becomes effective, as to any eligible party state, when its legislative

assembly enacts the compact into law.

3. An amendment to the compact becomes effective upon its enactment by the legislative

assemblies of all compacting states.

ARTICLE VII - WITHDRAWAL, DEFAULT, AND TERMINATION

1. A compacting state may withdraw from the compact by enacting a statute repealing

the compact, but the withdrawal may not become effective until two years after the

enactment of such statute. A withdrawing state is liable for any obligation that it

incurred on account of its party status, up to the effective date of withdrawal, except

that if the withdrawing state has specifically undertaken or committed itself to any

performance of an obligation extending beyond the effective date of withdrawal, it

remains liable to the extent of the obligation.

2. If a compacting state at any time defaults in the performance of its obligations,

assumed or imposed, in accordance with this compact, all rights, privileges, and

benefits conferred by this compact or by agreements made under the compact are

suspended from the effective date of the default, as fixed by the commission. The

commission shall stipulate the conditions and maximum time for compliance under

which the defaulting state may resume its regular status. Unless the default is

remedied under the stipulations and within the time period set by the commission, the

compact may be terminated with respect to the defaulting state by affirmative vote of a

majority of the other member states. A defaulting state may be reinstated by

performing all acts and obligations required by the commission.

ARTICLE VIII - SEVERABILITY AND CONSTRUCTION

The provisions of this compact are severable, and if any phrase, clause, sentence, or

provision of this compact is declared to be contrary to the constitution of any compacting state

or of the United States or its applicability to any person or circumstance is held invalid, the

validity of the remainder of the compact and its applicability to any person or circumstance may

not be affected. If the compact is found to be contrary to the constitution of any compacting

state, the compact remains in full force and effect as to the remaining states and in full force and

effect as to the state affected as to all severable matters. The provisions of the compact must be

liberally construed to effectuate the purpose of the compact.
N.D. Cent. Code § 15-06-07 — ND Code / Title 15 / Chapter 15-06 / Section 15-06-07
15-06-07. Notice of sale - Contents - Publication
Status: repealed

15-06-07. Notice of sale - Contents - Publication

Repealed by S.L. 1947, ch. 160, § 12.
N.D. Cent. Code § 15-55-01 — ND Code / Title 15 / Chapter 15-55 / Section 15-55-01
15-55-01. Portions of campuses set aside for authorized revenue-producing buildings or other revenue-producing campus improvements
Status: in_force

15-55-01. Portions of campuses set aside for authorized revenue-producing buildings

or other revenue-producing campus improvements.

Subject to and in accordance with the terms of this chapter, the state board of higher

education, for and on behalf of the institutions under its supervision and control, from time to

time, may set aside such portions of the respective campuses of said institutions as may be

necessary and suitable for the construction thereon of such revenue-producing buildings or

other revenue-producing campus improvements as, from time to time, may be authorized by the

legislative assembly, and including additions to existing buildings or other campus

improvements used for such purposes, and may construct such campus improvements and

buildings or additions thereon and may equip, furnish, maintain, and operate such buildings and

other campus improvements.
N.D. Cent. Code § 15-03-05.2 — ND Code / Title 15 / Chapter 15-03 / Section 15-03-05.2
15-03-05.2. Distribution of fund income
Status: repealed

15-03-05.2. Distribution of fund income

Repealed by S.L. 2009, ch. 153, § 8.
N.D. Cent. Code § 15-10.4-02 — ND Code / Title 15 / Chapter 15-10.4 / Section 15-10.4-02
15-10.4-02. Adoption of campus free speech policy
Status: reserved

15-10.4-02. Adoption of campus free speech policy

The state board of higher education and each institution shall adopt a policy that:

1. Protects students' rights to free speech, assembly, and expression;

2. Permits institutions to establish and enforce reasonable and constitutional time, place,

and manner restrictions on free speech, assembly, and expression;

3. Protects the academic freedom and free speech rights of faculty by guaranteeing, at a

minimum, no faculty member will face adverse employment action for classroom

speech, unless the speech is not reasonably germane to the subject matter of the

class as broadly construed and comprises a substantial portion of classroom

instruction;

4. Prohibits student-on-student discriminatory harassment consistent with the following

requirements:

a. An institution may not enforce the student-on-student discriminatory harassment

policy by disciplining or otherwise imposing any sanction on a student for a

violation of the policy stemming from expression unless:

(1) The speech or expression is unwelcome, targets the victim on a basis

protected under federal, state, or local law, and is so severe, pervasive, and

objectively offensive that a student effectively is denied equal access to

educational opportunities or benefits provided by the institution; or

(2) The speech or expression explicitly or implicitly conditions a student's

participation in an education program or activity or bases an educational

decision on the student's submission to unwelcome sexual advances or

requests for sexual favors;

b. An institution may sanction or discipline student-on-student speech or expression

that does not meet the definition of student-on-student harassment only when the

speech or expression is not protected under the First Amendment to the United

States Constitution or section 4 of article I of the Constitution of North Dakota;

and

c. An institution may respond to student-on-student speech that is not discriminatory

harassment by taking nonpunitive actions designed to promote a welcoming,

inclusive environment; and

5. Complies with the following principles of free speech:

a. An institution shall maintain the generally accessible, open, outdoor areas of the

institution's campus as traditional public forums for free speech by students,

faculty, and invited guests, subject to reasonable time, place, and manner

restrictions on free speech, assembly, and expression which are applicable to the

publicly accessible outdoor areas of campus, do not violate the First Amendment

to the United States Constitution or section 4 of article I of the Constitution of

North Dakota, and are clear, published, reasonable, content-neutral,

viewpoint-neutral, and narrowly tailored to satisfy a significant institutional

interest, and leave open alternative channels for the communication of

information or a message;

b. An institution may not restrict students' free speech to particular areas of campus,

sometimes known as "free speech zones";

c. An institution may not deny student activity fee funding to a student organization

based on the viewpoints the student organization advocates;

d. An institution may not establish permitting requirements prohibiting spontaneous

outdoor assemblies or outdoor distribution of literature, except an institution may

maintain a policy granting an individual or organization the right to reserve the

exclusive use of certain outdoor spaces, and may prohibit spontaneous

assemblies or distribution of literature inside reserved outdoor spaces;

e. An institution may not charge students or student organizations security fees

based on the content of the student's or student organization's speech, the

content of the speech of guest speakers invited by students, or the anticipated

reaction or opposition of listeners to the speech. Any security fees charged to a

student or student organization may not exceed the actual costs incurred by the

institution, and the institution shall refund any overpayment. Institutions shall set

forth empirical and objective criteria for calculating security fees and shall make

the criteria available to the public;

f. An institution shall allow students, student organizations, and faculty to invite

guest speakers to campus to engage in free speech regardless of the views of

the guest speakers or viewpoint or content of the anticipated speech;

g. An institution may not retract or compel a student, student organization, or faculty

member to retract a guest speaker's invitation to speak at the institution based on

the guest speaker's viewpoints or the content of the anticipated speech; and

h. An institution may not discriminate against a student organization with respect to

a benefit available to any other student organization based on a requirement of

the organization that leaders or voting members of the organization:

(1) Adhere to the organization's viewpoints or sincerely held beliefs; or

(2) Be committed to furthering the organization's beliefs or religious missions.
N.D. Cent. Code § 15-10-41 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-41
15-10-41. Centers of excellence
Status: repealed

15-10-41. Centers of excellence

Repealed by S.L. 2005, ch. 151, § 16.
N.D. Cent. Code § 15-10-62 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-62
15-10-62. Nickel trophy
Status: in_force

15-10-62. Nickel trophy

To promote national recognition and statewide enthusiasm, the legislative assembly

encourages the university of North Dakota and the North Dakota state university of agriculture

and applied science to play for the nickel trophy during the course of a national collegiate

athletic association football game. If the athletic director or president of either institution elects

not to play for the nickel trophy, the nickel trophy must be permanently displayed in the heritage

center.
N.D. Cent. Code § 15-52-10 — ND Code / Title 15 / Chapter 15-52 / Section 15-52-10
15-52-10. School of medicine and health sciences revolving loan fund
Status: in_force

15-52-10. School of medicine and health sciences revolving loan fund

The school of medicine and health sciences loan fund must be administered as a revolving

loan fund by the university of North Dakota under the direction and control of the state board of

higher education. As used in this chapter, the word "university" means the university of North

Dakota under the direction and control of the state board of higher education. All moneys

transferred into the fund, interest upon moneys in the fund, and payments to the fund of

principal and interest on loans made from the fund are appropriated for the purpose of providing

loans to qualified applicants.
N.D. Cent. Code § 15-04-01 — ND Code / Title 15 / Chapter 15-04 / Section 15-04-01
15-04-01. Leasing of school and other public lands - Rent
Status: in_force

15-04-01. Leasing of school and other public lands - Rent

All lands granted by the United States to this state for the establishment and support of

common schools and of educational, penal, or charitable institutions may be leased for

pasturage and meadow purposes at public auction after notice as provided by this chapter. The

lease may be for a period of not more than five years. Grant lands which have never been

placed under cultivation by a contract purchaser, in the event such contract is canceled, may be

leased for pasturage or meadow purposes for a period of not more than five years. Grant lands

which have been placed under cultivation by a contract purchaser, in the event such contract is

canceled, may be leased at the discretion and under the control of the board of university and

school lands for other than pasturage and meadow purposes until the land is resold. All rents

are payable annually in advance.
N.D. Cent. Code § 15-12-03 — ND Code / Title 15 / Chapter 15-12 / Section 15-12-03
15-12-03. President - Duties
Status: repealed

15-12-03. President - Duties

Repealed by S.L. 2001, ch. 162, § 7.
N.D. Cent. Code § 15-39.1-10.4 — ND Code / Title 15 / Chapter 15-39.1 / Section 15-39.1-10.4
15-39.1-10.4. Postretirement adjustments
Status: in_force

15-39.1-10.4. Postretirement adjustments

An individual who, on June 30, 1987, is receiving benefits from the fund on an account paid

under former chapter 15-39 is entitled to a monthly increase in that individual's annuity. The

monthly increase is fifteen dollars plus one dollar and fifty cents for every year benefits have

been drawn from the fund, but cannot exceed an increase of seventy-five dollars per month. An

individual who, on June 30, 1987, is receiving benefits from the fund on an account paid under

this chapter is entitled to a monthly increase of one dollar and fifty cents for every year benefits

have been drawn from the fund.
N.D. Cent. Code § 15-10-15 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-15
15-10-15. Budget requests - Duties of institution heads
Status: repealed

15-10-15. Budget requests - Duties of institution heads

Repealed by S.L. 2001, ch. 162, § 7.
N.D. Cent. Code § 15-10-61 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-61
15-10-61. Dual-credit courses - Pilot program
Status: repealed

15-10-61. Dual-credit courses - Pilot program

Repealed by S.L. 2019, ch. 3, § 20.
N.D. Cent. Code § 15-18.1-09 — ND Code / Title 15 / Chapter 15-18.1 / Section 15-18.1-09
15-18.1-09. Remedy of defrauded student - Treble damages
Status: in_force

15-18.1-09. Remedy of defrauded student - Treble damages

A person defrauded by an advertisement or circular issued by a postsecondary educational

institution, or by a person who sells textbooks to the institution or to the pupils thereof, may

recover from the institution or person three times the amount paid.
N.D. Cent. Code § 15-12.1-02 — ND Code / Title 15 / Chapter 15-12.1 / Section 15-12.1-02
15-12.1-02. Agricultural experiment station
Status: in_force

15-12.1-02. Agricultural experiment station

The state board of agricultural research and education and the president of North Dakota

state university shall control and administer the North Dakota agricultural experiment station

subject to the supervision of the state board of higher education. Funds appropriated to the

agricultural experiment station may not be commingled with funds appropriated to North Dakota

state university. Appropriation requests to defray expenses of the agricultural experiment station

must be separate from appropriation requests to defray expenses of North Dakota state

university.
N.D. Cent. Code § 15-07-07 — ND Code / Title 15 / Chapter 15-07 / Section 15-07-07
15-07-07. Conveyance to purchaser upon payment in full of purchase price
Status: in_force

15-07-07. Conveyance to purchaser upon payment in full of purchase price

When the purchase price of any nongrant land sold under the provisions of this chapter,

together with any interest on deferred payments due under such contract, has been paid in full,

the lands purchased must be conveyed to the purchaser, or the purchaser's heirs or assigns, by

quitclaim deed executed in the name of the state of North Dakota by the commissioner of

university and school lands, attested by the secretary of state, with the great seal of the state of

North Dakota affixed.
N.D. Cent. Code § 15-06-28 — ND Code / Title 15 / Chapter 15-06 / Section 15-06-28
15-06-28. Execution of contract - Failure
Status: in_force

15-06-28. Execution of contract - Failure

Immediately upon the sale by the board of university and school lands, the purchaser shall

execute a purchase agreement for a cash sale or a contract in the form prescribed by the board.

The failure of a purchaser to execute a purchase agreement or a contract constitutes a forfeiture

of the payment made at or before the sale. When a purchase agreement or contract is executed

properly by the commissioner, a copy must be delivered to the purchaser.
N.D. Cent. Code § 15-03-14.1 — ND Code / Title 15 / Chapter 15-03 / Section 15-03-14.1
15-03-14.1. Quieting title to certain state lands
Status: repealed

15-03-14.1. Quieting title to certain state lands

Repealed by omission from this code.
N.D. Cent. Code § 15-08.1-02 — ND Code / Title 15 / Chapter 15-08.1 / Section 15-08.1-02
15-08.1-02. Transfer of present possessory interests in real property
Status: repealed

15-08.1-02. Transfer of present possessory interests in real property

Repealed by S.L. 1989, ch. 114, § 8.
N.D. Cent. Code § 15-39.1-14 — ND Code / Title 15 / Chapter 15-39.1 / Section 15-39.1-14
15-39.1-14. Retirement not mandatory
Status: in_force

15-39.1-14. Retirement not mandatory

Nothing in this chapter may be construed as requiring retirement at any specific age. If the

teacher elects to teach beyond age sixty-five, the teacher continues to earn credits at the same

rate as prior to the age of sixty-five.
N.D. Cent. Code § 15-20.2-01 — ND Code / Title 15 / Chapter 15-20.2 / Section 15-20.2-01
15-20.2-01. Area centers - Definition of terms
Status: in_force

15-20.2-01. Area centers - Definition of terms

In this chapter, unless the context otherwise requires:

1. "Area career and technology center" means a program of career and technical

education conducted at one or more attendance centers by three or more participating

public school districts.

2. "Center board" means the governing board of an area career and technology center.

3. "Participating district" means a public school district whose students are attending an

area career and technology center.

4. "School board" means a participating public school district board.

5. "State board" means the state board for career and technical education.

6. "Virtual area career and technology center" means a career and technical education

program approved by the department of career and technical education which is used

by three or more school districts and which utilizes online or interactive television

technology as the primary course content delivery method.
N.D. Cent. Code § 15-62.4-02 — ND Code / Title 15 / Chapter 15-62.4 / Section 15-62.4-02
15-62.4-02. Student financial assistance program - Criteria and procedures
Status: in_force

15-62.4-02. Student financial assistance program - Criteria and procedures

The state board of higher education shall adopt:

1. Criteria governing the application process;

2. Criteria governing the determination of financial need, which must include

consideration of parental contributions to educational expenses, but may not include

consideration of other scholarships or grants awarded by other public or private

entities when determining the unmet financial need of the student;

3. Criteria governing the selection process; and

4. Procedures for providing fiscal control, fund accounting, and reports.
N.D. Cent. Code § 15-55-03 — ND Code / Title 15 / Chapter 15-55 / Section 15-55-03
15-55-03. Bonds are special obligations and board may insert special provisions in bonds
Status: in_force

15-55-03. Bonds are special obligations and board may insert special provisions in

bonds.

The bonds issued under the provisions of this chapter may not be an indebtedness of the

state of North Dakota nor of the institution for which they are issued nor of the state board of

higher education thereof, nor of the individual members, officers or agents thereof nor may any

building or other campus improvement or the land upon which it is situated, or any part thereof

be security for or be levied upon or sold for the payment of said bonds, but the said bonds must

be special obligations payable solely from the revenues to be derived from the operation of the

building or other campus improvement, and the board is authorized and directed to pledge all or

any part of such revenues to the payment of principal and interest on the bonds. In order to

secure the prompt payment of such principal and interest and the proper application of the

revenues pledged thereto, the board is authorized by appropriate provisions in the resolution or

resolutions authorizing the bonds:

1. To covenant as to the use and disposition of the proceeds of the sale of such bonds;

2. To covenant as to the operation of the building or other campus improvement and the

collection and disposition of the revenues derived from such operation;

3. To covenant as to the rights, liabilities, powers, and duties arising from the breach of

any covenant or agreement into which it may enter in authorizing and issuing the

bonds;

4. To covenant and agree to carry such insurance on the building or other campus

improvement, and the use and occupancy thereof as may be considered desirable

and, in its discretion, to provide that the cost of such insurance shall be considered as

part of the expense of operating the building or other campus improvement;

5. To vest in a trustee or trustees for the bondholders the right to receive all or any part of

the income and revenues pledged and assigned to or for the benefit of the holder or

holders of bonds issued hereunder and to hold, apply, and dispose of the same, and

the right to enforce any covenant made to secure the bonds and to execute and

deliver a trust agreement or agreements which may set forth the powers and duties

and the remedies available to such trustee or trustees and may limit the liabilities

thereof and prescribe the terms and conditions upon which such trustee or trustees or

the holder or holders of the bonds in any specified amount or percentage may exercise

such rights and enforce any or all such covenants and resort to such remedies as may

be appropriate;

6. To fix rents, charges, and fees to be imposed in connection with and for the use of the

building or other campus improvement and the facilities supplied thereby, which rents,

charges, and fees shall be considered to be income and revenues derived from the

operation of the building or campus improvement, and are hereby expressly required

to be fully sufficient to assure the prompt payment of principal and interest on the

bonds as each becomes due, and to make and enforce such rules and regulations

with reference to the use of the building or campus improvement, and with reference to

requiring any class or classes of students to use the buildings or other campus

improvements as it may deem desirable for the welfare of the institutions and its

students or for the accomplishments of the purposes of this chapter;

7. To covenant to maintain a maximum percentage of occupancy of the building or other

campus improvement;

8. To covenant against the issuance of any other obligations payable from the revenues

to be derived from the building or other campus improvement; and

9. To make covenants other than and in addition to those herein expressly mentioned of

such character as may be considered necessary or advisable to affect the purposes of

this chapter.

All such agreements and covenants entered into by the board are enforceable by appropriate

action or suit at law or in equity, which may be brought by any holder or holders of bonds issued

hereunder.
N.D. Cent. Code § 15-17-03 — ND Code / Title 15 / Chapter 15-17 / Section 15-17-03
15-17-03. Limitations on powers of institutional holding association
Status: in_force

15-17-03. Limitations on powers of institutional holding association

An institutional holding association is subject to the following limitations and restrictions:

1. Dormitories and their equipment and appurtenances must be erected and installed

only according to plans and specifications therefor approved by the state board of

higher education and at a cost for site, building, and equipment to be fixed by the

board within the maximum limit provided in this section.

2. Such dormitories and their equipment and appurtenances must be owned, managed,

operated, and conducted at all times by the association, its successors or assigns,

solely for the educational purpose provided in this chapter in connection with one of

the state educational institutions and must be under the control and supervision of the

state board of higher education, and operated according to such rules and regulations,

including rental charges, as must be prescribed by the board, but such rental charges

may not be less than an amount sufficient to pay the interest on the bonded

indebtedness and the serial bonds of the association as they mature.

3. An institutional holding association must be nonprofit sharing, shall issue no corporate

stock, and no member of the association may have or acquire any divisional or other

share or interest in any of its property.

4. The income of such association must be applied only to the payment of its debts and

operating expenses, including necessary repairs and upkeep of its properties.

5. When all of the debts against any site, dormitory, and equipment are paid, all of the

right, title, and interest of the association or its successors or assigns therein

terminates immediately, and the same becomes the property of and must be conveyed

to the state.

6. Any transfer or encumbrance of the property of an institutional holding association,

except as permitted in this chapter, is prohibited and is null and void.

7. The amount of money borrowed or debts contracted by an institutional holding

association may not exceed the aggregate cost of the site, dormitory, and equipment

as fixed by the state board of higher education, and the payment thereof may not

extend over a period of more than fifty years. The terms and conditions of such loans

or debts, except as herein provided, must be fixed and approved by the board.

8. Dormitories must be erected only at the state educational institutions herein named

within the cost limits for site, building, and equipment herein specified:

a. One at or near the university at a cost of not more than two hundred thousand

dollars.

b. One at or near the North Dakota state university of agriculture and applied

science at a cost of not more than two hundred thousand dollars.

c. One at or near each of the normal schools located at Valley City, Mayville, Minot,

and Dickinson at a cost of not more than one hundred fifty thousand dollars.

d. One at or near the state school of science at Wahpeton at a cost of not more than

one hundred thousand dollars.

e. One at or near Dakota college, Bottineau at a cost of not more than fifty thousand

dollars.

9. No dormitory may be erected upon the campus of any state educational institution until

a written permit therefor first is granted and issued to the association by the state

board of higher education. Such permit must describe the ground to be used and must

provide that the dormitory to be erected thereon must be erected, owned, and

operated only by the association, its successors and assigns. The association and its

successors and assigns shall acquire no right, title, or interest in and to the campus

site, the dormitory erected thereon, or the equipment thereof, except the right to

operate the dormitory solely for the educational purposes, in the manner, and upon the

terms and conditions provided in this chapter.
N.D. Cent. Code § 15-06-09 — ND Code / Title 15 / Chapter 15-06 / Section 15-06-09
15-06-09. Postponement of sale - Order for - Publication of notice
Status: repealed

15-06-09. Postponement of sale - Order for - Publication of notice

Repealed by S.L. 1947, ch. 160, § 12.
N.D. Cent. Code § 15-54.1-03 — ND Code / Title 15 / Chapter 15-54.1 / Section 15-54.1-03
15-54.1-03. Tier II capital building funds - Matching requirements
Status: in_force

15-54.1-03. Tier II capital building funds - Matching requirements

The state board of higher education may allocate tier II capital building fund moneys to an

institution for a project only after the institution provides one dollar of matching funds from

operations or other sources for each one dollar from the university system capital building fund

for the project. An institution may not use tier I extraordinary repairs funding, tier III capital

building fund moneys, or state funding appropriated for a specific capital project as matching

funds under this section.
N.D. Cent. Code § 15-20.1-16.1 — ND Code / Title 15 / Chapter 15-20.1 / Section 15-20.1-16.1
15-20.1-16.1. Gifts - Authorization to accept and use
Status: in_force

15-20.1-16.1. Gifts - Authorization to accept and use

The director, with the approval of the state board, may accept and use gifts made

unconditionally by will or otherwise for carrying out the purposes of this chapter. Gifts made

under such conditions as in the judgment of the state board are proper and consistent with the

provisions of this chapter may be so accepted and must be held, invested and reinvested, and

used in accordance with the conditions of the gift.
N.D. Cent. Code § 15-10-58 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-58
15-10-58. Workforce education advisory council - Membership - Duties
Status: repealed

15-10-58. Workforce education advisory council - Membership - Duties

Repealed by S.L. 2023, ch. 3, § 37.
N.D. Cent. Code § 15-20.1-05 — ND Code / Title 15 / Chapter 15-20.1 / Section 15-20.1-05
15-20.1-05. Custody and payment of career and technical education funds
Status: in_force

15-20.1-05. Custody and payment of career and technical education funds

The state board is charged with the duty of administering all funds that are received from

federal and state sources and shall accept and use gifts made unconditionally by will or

otherwise for purposes of carrying out this chapter for career and technical education. All such

moneys received must be placed in the custody of the state treasurer and must be paid in

accordance with legislative appropriations by the office of management and budget as directed

by the director of career and technical education.
N.D. Cent. Code § 15-10-25 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-25
15-10-25. Abstracts of expenditures and payroll to the office of management and budget
Status: repealed

15-10-25. Abstracts of expenditures and payroll to the office of management and

budget.

Repealed by S.L. 2001, ch. 162, § 7.
N.D. Cent. Code § 15-55-02 — ND Code / Title 15 / Chapter 15-55 / Section 15-55-02
15-55-02. Board may borrow money and issue bonds - Conditions - Bonds tax free
Status: in_force

15-55-02. Board may borrow money and issue bonds - Conditions - Bonds tax free

For the purpose of paying all or part of, but not to exceed, the cost of construction,

equipment, and furnishing of any such buildings or any addition to existing buildings, or other

campus improvements, or in order to refund any outstanding bonds or interim financing issued

for such purpose, the state board of higher education may borrow money on the credit of the

income and revenue to be derived from the operation of the said building or buildings or other

campus improvements, and, in anticipation of such collections of such income and revenues,

may issue negotiable bonds in such an amount as, in the opinion of the board, may be

necessary for such purposes, all within the limits of the authority granted by the legislative

assembly in each instance, and may provide for the payment of such bonds and the rights of the

holders thereof as provided in this chapter. The bonds may bear such date or dates; mature at

such time or times not exceeding fifty years from their date; be in such denomination or

denominations; be in such form, either coupon or registered; carry such registration and

conversion privileges; be executed in such manner; be payable in such medium of payment at

such place or places; be subject to such terms of redemption with or without premium; bear

such rate or rates of interest; and be subject to such other terms or conditions as may be

provided by resolution or resolutions to be adopted by the board. The bonds may be sold in

such manner and at such price or prices as may be considered by the board to be advisable.

The average net interest cost to maturity for any bond issues sold at private sale may not

exceed twelve percent per annum. There is no interest rate ceiling on those issues sold at

public sale or to the state of North Dakota or any of its agencies or instrumentalities. Any grants

agreed to be made by the United States of America or any agency or instrumentality thereof to

reduce the interest cost of bonds, whether or not pledged to the payment of the bonds or

interest thereon as part of the income and revenue to be derived from the operation of the

buildings or improvements pledged to the payment of the issue, must be considered as a

reduction in the interest costs of the bonds with respect to which the grant is made, for purposes

of the rate limitations on interest costs provided herein. The bonds 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 board, in its discretion, may

authorize one issue of bonds hereunder for the construction, furnishing, and equipment of more

than one building or other campus improvement and may make the bonds payable from the

combined revenues of all buildings or other campus improvements acquired in whole or in part

with the proceeds thereof, and when bonds are so issued, the words "the building", as herein

used, refers to all the buildings or other campus improvements so acquired.
N.D. Cent. Code § 15-10-17.3 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-17.3
15-10-17.3. Political advertising - Student housing
Status: in_force

15-10-17.3. Political advertising - Student housing

A state institution of higher education may not include in student housing leases provisions

that prohibit lessees from placing political advertisements on the leased property. A political

advertising sign placed on student housing property must be placed in compliance with any

applicable city ordinance relating to signs.
N.D. Cent. Code § 15-12-15 — ND Code / Title 15 / Chapter 15-12 / Section 15-12-15
15-12-15. State director to collect samples
Status: repealed

15-12-15. State director to collect samples

Repealed by S.L. 1999, ch. 157, § 4.
N.D. Cent. Code § 15-10-19 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-19
15-10-19. Nonresident student for tuition purposes defined - Exceptions
Status: repealed

15-10-19. Nonresident student for tuition purposes defined - Exceptions

Repealed by S.L. 1993, ch. 166, § 2.
N.D. Cent. Code § 15-10-44.2 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-44.2
15-10-44.2. Audits of computer systems - Penalty
Status: in_force

15-10-44.2. Audits of computer systems - Penalty

1. Any auditor hired to conduct audits of the state board of higher education and the

entities under the control and supervision of the board may:

a. Conduct a review and assessment of any computer system or related security

system of the state board of higher education or any entity under the control and

supervision of the board. A review and assessment under this section may

include an assessment of system vulnerability, network penetration, any potential

security breach, and the susceptibility of the system to cyber attack or cyber

fraud.

b. Disclose the findings of a review and assessment to an individual or committee

designated by the state board of higher education or to the board. Any record

relating to a review and assessment, including a working paper or preliminary

draft of a review and assessment report and a report of the findings of a review

and assessment, and any record that may cause or perpetuate vulnerability of a

computer system or related security system which is obtained or created during a

review and assessment is an exempt record.

c. In conjunction with the state board of higher education or a committee designated

by the board, procure the services of a specialist in information security systems

or any other contractor deemed necessary in conducting a review and

assessment under this section.

2. Any person hired or contracted to provide services in relation to a review and

assessment under this section is subject to the privacy and confidentiality provisions of

subsection 1 and any other section of law, including section 44-04-27, and for the

purposes of section 12.1-13-01, is a public servant.
N.D. Cent. Code § 15-39.1-10.11 — ND Code / Title 15 / Chapter 15-39.1 / Section 15-39.1-10.11
15-39.1-10.11. Postretirement adjustments
Status: in_force

15-39.1-10.11. Postretirement adjustments

An individual who on June 30, 2001, is receiving monthly benefits from the fund on an

account paid under this chapter or under former chapter 15-39 is entitled to receive a monthly

increase equal to an amount determined by taking two dollars per month multiplied by the

member's number of years of service credit plus one dollar per month multiplied by the number

of years since the member's retirement. In addition, an individual who is receiving monthly

benefits from the fund on an account paid under this chapter or under former chapter 15-39 is

entitled to receive a seventy-five hundredths of one percent increase of the individual's current

monthly benefit with the increased benefit payable each month thereafter beginning on July 1,

2001. An individual who on June 30, 2002, is receiving monthly benefits from the fund on an

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

seventy-five hundredths of one percent increase of the individual's current monthly benefit with

the increased benefit payable each month thereafter beginning on July 1, 2002. This annual

benefit adjustment is conditioned on an actuarial test performed annually by the board's

actuarial consultant to determine the actuarial adequacy of the statutory contribution rate. The

board shall report the results of the actuarial test annually to the employee benefits programs

committee. If the actuarial valuation indicates a shortfall between the actuarially determined

benchmark contribution rate and the statutory rate, the board may reduce or suspend the

conditional annual benefit adjustment. The actuarial adequacy test fails if one or more of the

following are true:

1. The shortfall is greater than six-tenths of one percent in any year; or

2. The shortfall is greater than three-tenths of one percent in any two consecutive years.
N.D. Cent. Code § 15-20.2-02 — ND Code / Title 15 / Chapter 15-20.2 / Section 15-20.2-02
15-20.2-02. Submission of plan for area center - Approval by state board
Status: in_force

15-20.2-02. Submission of plan for area center - Approval by state board

The school boards of three or more school districts may submit to the state board a

proposed plan to establish an area career and technology center. Such proposal must be

consistent with the state plan for career and technical education and meet the requirements,

rules, standards, and procedures as adopted by the state board. The state board upon receipt

of a proposed plan to establish an area career and technology center shall examine such plan

and receive testimony for the purpose of examining supporting and nonsupporting evidence

submitted therewith. The state board shall process the proposed plan according to procedures

consistent with the state plan. Nothing in this chapter may be interpreted to prohibit school

districts from entering into other kinds of administrative structures for career and technology

centers approved by the state board pursuant to other provisions of law.
N.D. Cent. Code § 15-10.3-02 — ND Code / Title 15 / Chapter 15-10.3 / Section 15-10.3-02
15-10.3-02. Mandatory fees - Fees for optional purposes or services - Publication for comparison purposes
Status: in_force

15-10.3-02. Mandatory fees - Fees for optional purposes or services - Publication for

comparison purposes.

The state board of higher education shall publish on its website in a clear and

comprehensible form that allows for ease of comparison among all institutions under its control:

1. The amount of mandatory fees that each institution has determined it shall assess

each full-time and part-time student during the ensuing academic year, together with a

breakdown of the fees by purpose or service;

2. The amount of any program-specific fees that each institution has determined it shall

assess each student in a particular program during the ensuing academic year; and

3. The amount of fees for optional purposes or services that each institution has

determined it may assess a full-time or a part-time student during the ensuing

academic year, together with a breakdown of the fees by purpose or service.
N.D. Cent. Code § 15-11-23 — ND Code / Title 15 / Chapter 15-11 / Section 15-11-23
15-11-23. Alumni building - Application for site - Duty of state board of higher education
Status: repealed

15-11-23. Alumni building - Application for site - Duty of state board of higher

education.

Repealed by S.L. 1999, ch. 157, § 4.
N.D. Cent. Code § 15-39.1-10.8 — ND Code / Title 15 / Chapter 15-39.1 / Section 15-39.1-10.8
15-39.1-10.8. Postretirement adjustments
Status: in_force

15-39.1-10.8. Postretirement adjustments

An individual who on June 30, 1993, 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 and fifty cents 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, 1993, 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 one

hundred dollars.
N.D. Cent. Code § 15-05-06 — ND Code / Title 15 / Chapter 15-05 / Section 15-05-06
15-05-06. Valuable deposits found on school and public institution lands - Disposal
Status: in_force

15-05-06. Valuable deposits found on school and public institution lands - Disposal

Any lands belonging to the state, or lands known as school lands and public institution

lands, in which is discovered any valuable deposit of coal or minerals of any kind, clay, gravel,

or stone, are and remain the property of the state until provision for the sale or leasing thereof is

especially provided for by law.
N.D. Cent. Code § 15-52-07 — ND Code / Title 15 / Chapter 15-52 / Section 15-52-07
15-52-07. Political subdivisions shall use facilities of center
Status: in_force

15-52-07. Political subdivisions shall use facilities of center

All agencies of the state, counties, and municipalities in any way concerned with health,

medical care, or public welfare, shall make the fullest possible use of the facilities and services

of the university of North Dakota school of medicine and health sciences and shall pay therefor

the established fees and charges, and may contribute to the school of medicine and health

sciences specific fees or monthly payments for specific facilities and services furnished.
N.D. Cent. Code § 15-08-23 — ND Code / Title 15 / Chapter 15-08 / Section 15-08-23
15-08-23. State's attorneys to report and prosecute trespasses
Status: in_force

15-08-23. State's attorneys to report and prosecute trespasses

The state's attorneys of the several counties shall report promptly to the commissioner all

cases of trespass committed upon lands controlled by the board of university and school lands

which may come to their knowledge. When directed by the attorney general, the state's attorney

shall prosecute all actions for any trespass or injury or for recovery of possession of such lands.
N.D. Cent. Code § 15-62.1-14 — ND Code / Title 15 / Chapter 15-62.1 / Section 15-62.1-14
15-62.1-14. Penalty
Status: repealed

15-62.1-14. Penalty

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 15-04-12 — ND Code / Title 15 / Chapter 15-04 / Section 15-04-12
15-04-12. Adjournment of auction for leasing
Status: in_force

15-04-12. Adjournment of auction for leasing

If the board of university and school lands finds that the interests of the state will be

subserved by the adjournment of the auction of lands for lease, it may adjourn the auction.
N.D. Cent. Code § 15-03-01.2 — ND Code / Title 15 / Chapter 15-03 / Section 15-03-01.2
15-03-01.2. Payment of salaries and expenses from maintenance fund - Vouchers and warrants
Status: in_force

15-03-01.2. Payment of salaries and expenses from maintenance fund - Vouchers and

warrants.

All administrative salaries and operating expenses of the office of the commissioner of

university and school lands must be paid from the state lands maintenance fund upon itemized

vouchers in duplicate, approved by the commissioner, setting forth the accounts covered, one

copy to be retained in the commissioner's office and the other to be filed with the office of

management and budget, and warrants for the payment drawn by the office of management and

budget upon the fund.
N.D. Cent. Code § 15-52-13 — ND Code / Title 15 / Chapter 15-52 / Section 15-52-13
15-52-13. Loan board minutes - Public access
Status: repealed

15-52-13. Loan board minutes - Public access

Repealed by S.L. 1971, ch. 194, § 15.
N.D. Cent. Code § 15-04-05 — ND Code / Title 15 / Chapter 15-04 / Section 15-04-05
15-04-05. Removal of or payment for improvements upon termination or lease of land
Status: repealed

15-04-05. Removal of or payment for improvements upon termination or lease of land

Repealed by S.L. 1961, ch. 151, § 2.
N.D. Cent. Code § 15-06-12 — ND Code / Title 15 / Chapter 15-06 / Section 15-06-12
15-06-12. County auditor to act as clerk at sale - Report of sale
Status: repealed

15-06-12. County auditor to act as clerk at sale - Report of sale

Repealed by S.L. 1947, ch. 160, § 12.
N.D. Cent. Code § 15-12-12 — ND Code / Title 15 / Chapter 15-12 / Section 15-12-12
15-12-12. North Dakota state university services and publications - Publication of information
Status: repealed

15-12-12. North Dakota state university services and publications - Publication of

information.

Repealed by S.L. 2017, ch. 128, § 1.
N.D. Cent. Code § 15-39.2-02 — ND Code / Title 15 / Chapter 15-39.2 / Section 15-39.2-02
15-39.2-02. Optional increase in benefits - Alternatives
Status: in_force

15-39.2-02. Optional increase in benefits - Alternatives

Any person entitled to make the election provided for in section 15-39.2-01 must be

permitted, in the alternative, to accept a twenty percent increase in the person's current annuity

or, if the person has at least seventeen years of teaching credit under the teachers' insurance

and retirement fund, to accept a minimum monthly annuity of one hundred dollars plus five

dollars per month for each additional year of teaching credit up to a maximum of twenty-five

years. Nothing in this chapter may be interpreted to permit any person to elect benefits under

more than one of the options offered in this chapter or to draw benefits concurrently under more

than one retirement program.
N.D. Cent. Code § 15-39.1-18 — ND Code / Title 15 / Chapter 15-39.1 / Section 15-39.1-18
15-39.1-18. Disability retirements
Status: in_force

15-39.1-18. Disability retirements

1. Any member may also retire and receive a disability annuity if, after a period of at least

five years of service as a member in this state, the member qualifies for total disability

as determined by the board.

2. The amount of the disability annuity is the amount computed by the retirement formula

in section 15-39.1-10 without consideration of age. A member determined eligible for a

disability annuity under this section may elect to receive an annuity under any of the

options allowed in section 15-39.1-16, except the partial lump sum option.

3. The disability annuity continues until the death or prior recovery of the disabled

annuitant. The board shall ascertain by periodic medical examinations the continued

disability status of a disabled annuitant.

4. If a disabled annuitant recovers and returns to active teaching, that annuitant is

entitled to the retirement benefit credits which the annuitant earned prior to the time of

disablement, and the credits which the annuitant earned after returning to active

teaching must be added to those earned prior to disablement.
N.D. Cent. Code § 15-20.2-07 — ND Code / Title 15 / Chapter 15-20.2 / Section 15-20.2-07
15-20.2-07. Powers and duties of center boards
Status: in_force

15-20.2-07. Powers and duties of center boards

The powers and duties of a center board are as follows:

1. To supervise, manage, and control an area career and technology center established

by the cooperating school districts pursuant to this chapter.

2. To provide career and technical education programs approved by the state board.

3. To contract with, employ, or pay personnel to administer the affairs and to teach in the

area career and technology center, and to remove for cause any personnel when the

interests of the area career and technology center may require it; provided, that

personnel employed by a center board shall have the same statutory rights as

provided by law for personnel employed by public school districts.

4. To lease, acquire, or purchase career and technical education equipment for an area

career and technology center.

5. To lease, acquire, purchase, or sell career and technical education facilities, including

real property, for an area career and technology center; provided, that any purchase or

sale of real property must first be approved by two-thirds of the school boards of the

participating school districts.

6. To receive and administer any private, local, state, or federal funds provided for the

operation and maintenance of an area career and technology center.

7. To enter into contracts consistent with the other powers and duties provided for by this

chapter.

8. To accept real or personal property available for distribution by the United States or

any of its departments or agencies and also to accept federal grants that may be made

available in the field of career and technical education.

9. To offer a first-year signing bonus to an individual who is licensed or approved by the

education standards and practices board, has signed a contract of employment with

the center board, and was not a classroom teacher in the state during the previous

school year. A bonus paid under this subsection:

a. Is in addition to an amount payable under a negotiated teachers' contract.

b. May not be included in the center board's negotiated salary schedule.

c. May not be included as salary for continuing contract purposes.
N.D. Cent. Code § 15-12-19 — ND Code / Title 15 / Chapter 15-12 / Section 15-12-19
15-12-19. Name of survey
Status: repealed

15-12-19. Name of survey

Repealed by S.L. 1999, ch. 157, § 4.
N.D. Cent. Code § 15-07-08 — ND Code / Title 15 / Chapter 15-07 / Section 15-07-08
15-07-08. Sale of nongrant lands on crop payment contract - Conditions precedent to sale
Status: repealed

15-07-08. Sale of nongrant lands on crop payment contract - Conditions precedent to

sale.

Repealed by S.L. 1987, ch. 193, § 5.
N.D. Cent. Code § 15-72-01 — ND Code / Title 15 / Chapter 15-72 / Section 15-72-01
15-72-01. Trust establishment
Status: in_force

15-72-01. Trust establishment

The coal mine reclamation trust is established to reclaim coal mines at the direction of the

public service commission by utilizing private assets pledged as collateral which may be used to

fulfill the performance bond obligations under section 38-14.1-16 and North Dakota

Administrative Code chapter 69-05.2-12. The coal mine reclamation trust may be used to fulfill

the requirement of a qualified third party and the requirements of a collateral bond.
N.D. Cent. Code § 15-10-50 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-50
15-10-50. Liability for pledged amount
Status: in_force

15-10-50. Liability for pledged amount

If in accordance with section 15-10-48, 15-10-48.1, or 15-10-49, the state board of higher

education provides grant funds to an institution, on the basis of a monetary pledge, and if the

amount forthcoming is less than the amount pledged, the institutional foundation is liable to the

institution for any shortfall.
N.D. Cent. Code § 15-52-03 — ND Code / Title 15 / Chapter 15-52 / Section 15-52-03
15-52-03. School of medicine and health sciences advisory council - Members, terms, meetings
Status: in_force

15-52-03. School of medicine and health sciences advisory council - Members, terms,

meetings.

1. To assure the proper coordination of the university of North Dakota school of medicine

and health sciences with all other health activities of the state, a permanent school of

medicine and health sciences advisory council is established to perform the duties in

section 15-52-04.

2. The council consists of sixteen members:

a. (1) Two members of the senate, one of whom must be from the majority party

and one of whom must be from the minority party, selected by the chairman

of the legislative management;

(2) Two members of the house of representatives, one of whom must be from

the majority party and one of whom must be from the minority party, to be

selected by the chairman of the legislative management; and

(3) Two members of the department of health and human services, of which

one member is the state health officer or designee;

b. One member selected by each of the following:

(1) The state board of higher education;

(2) The North Dakota medical association;

(3) The North Dakota hospital association;

(4) The veterans administration hospital in Fargo;

(5) The North Dakota center for nursing; and

(6) The university of North Dakota center for rural health; and

c. Four members selected by the dean of the university of North Dakota school of

medicine and health sciences, one from each of the four campuses of the school

of medicine and health sciences with headquarters in Bismarck, Fargo, Grand

Forks, and Minot.

3. The representatives named by the state agencies and boards must be selected to

serve as members of the advisory council for periods of at least one year, but may not

serve longer than their term of office on the public agency. The representatives from

the North Dakota medical association, the North Dakota hospital association, and the

North Dakota center for nursing shall serve a term of three years or until their

successors are named and qualified.

4. The council shall name its own chairman and the dean of the university of North

Dakota school of medicine and health sciences shall serve as executive secretary of

the council. The executive secretary does not have voting privileges. The council shall

meet not less than twice each year, and, from time to time, on its own motion or upon

request of the university administration.
N.D. Cent. Code § 15-08-14 — ND Code / Title 15 / Chapter 15-08 / Section 15-08-14
15-08-14. Redemption of lands not listed for taxation
Status: repealed

15-08-14. Redemption of lands not listed for taxation

Repealed by S.L. 1987, ch. 195, § 7.
N.D. Cent. Code § 15-07-14 — ND Code / Title 15 / Chapter 15-07 / Section 15-07-14
15-07-14. State has lien on produce of lands sold on crop payment contract
Status: repealed

15-07-14. State has lien on produce of lands sold on crop payment contract

Repealed by S.L. 1987, ch. 193, § 5.
N.D. Cent. Code § 15-13-12 — ND Code / Title 15 / Chapter 15-13 / Section 15-13-12
15-13-12. Authorization to pledge rentals
Status: repealed

15-13-12. Authorization to pledge rentals

Repealed by S.L. 1999, ch. 157, § 4.
N.D. Cent. Code § 15-03-19 — ND Code / Title 15 / Chapter 15-03 / Section 15-03-19
15-03-19. Board authorizing drawing of warrant upon investment of permanent funds - Record of warrant
Status: repealed

15-03-19. Board authorizing drawing of warrant upon investment of permanent funds

- Record of warrant.

Repealed by S.L. 1987, ch. 189, § 7.
N.D. Cent. Code § 15-10.7-04 — ND Code / Title 15 / Chapter 15-10.7 / Section 15-10.7-04
15-10.7-04. Construction and purpose
Status: in_force

15-10.7-04. Construction and purpose

1. This chapter may not be interpreted to prohibit:

a. An individual who provides training from responding to a question regarding a

specified concept so long as the response does not endorse, advocate, or

oppose a specified concept;

b. An institution from considering the subject matter competency of a candidate for a

faculty position or promotion if the subject matter is germane to the candidate's

field of scholarship;

c. An institution from training students or employees on the nondiscrimination

requirements of federal or state law, or from requiring a student, faculty member,

or employee to comply with federal or state laws, including antidiscrimination

laws, or from taking action against a student, professor, or employee for a

violation of federal or state law; or

d. Limit or restrict the academic freedom of faculty or to prevent faculty members

from teaching, researching, or writing publications about the specified concepts or

related topics.

2. This chapter does not authorize an institution to infringe on the rights of freedom of

speech protected by the First Amendment to the United States Constitution.
N.D. Cent. Code § 15-52-17 — ND Code / Title 15 / Chapter 15-52 / Section 15-52-17
15-52-17. Loan investigations
Status: in_force

15-52-17. Loan investigations

The university shall make a careful investigation to ascertain the truth of all matters set forth

in applications received by it, including a study of the financial need of the applicant. Preference

must be given to qualified applicants with demonstrated financial need.
N.D. Cent. Code § 15-06-10 — ND Code / Title 15 / Chapter 15-06 / Section 15-06-10
15-06-10. Terms of sale - Sale to highest bidder - Penalty for failure to make first payment
Status: repealed

15-06-10. Terms of sale - Sale to highest bidder - Penalty for failure to make first

payment.

Repealed by S.L. 1947, ch. 160, § 12.
N.D. Cent. Code § 15-39.1-05.2 — ND Code / Title 15 / Chapter 15-39.1 / Section 15-39.1-05.2
15-39.1-05.2. Board authority - Continuing appropriation
Status: in_force

15-39.1-05.2. Board authority - Continuing appropriation

The board:

1. Has the powers and privileges of a corporation, including the right to sue and be sued

in its own name. The venue of all actions to which the board is a party must be

Burleigh County.

2. Shall establish investment policy for the trust fund under section 21-10-02.1. The

investment policy must include:

a. Acceptable rates of return, liquidity, and levels of risk; and

b. Long-range asset allocation targets.

3. Shall arrange for actuarial and medical consultants. The board shall cause a qualified,

competent actuary to be retained on a consulting basis. The actuary shall:

a. Make a valuation of the liabilities and reserves of the fund and a determination of

the contributions required by the fund to discharge its liabilities and pay

administrative costs;

b. Recommend to the board rates of employer and employee contributions required,

based upon the entry age normal cost or other accepted actuarial method, to

maintain the fund on an actuarial reserve basis;

c. Once every five years make a general investigation of the actuarial experience

under the fund, including mortality, retirement, employment turnover, and other

items required by the board;

d. Recommend actuarial tables for use in valuations and in calculating actuarial

equivalent values based on the investigation provided for in subdivision c; and

e. Perform other duties assigned by the board.

4. May pay benefits and consultant fees as necessary which are hereby appropriated

from the fund.

5. Shall submit to the legislative management's employee benefits programs committee

any necessary or desirable changes in statutes relating to the administration of the

fund.

6. Shall determine appropriate levels of service to be provided to members, including

benefits counseling and preretirement programs.

7. Shall inform the state investment board, which is the administrative board of the

retirement and investment office, the levels of services, goals, and objectives expected

to be provided through the retirement and investment office.
N.D. Cent. Code § 15-08-19.3 — ND Code / Title 15 / Chapter 15-08 / Section 15-08-19.3
15-08-19.3. Vehicular access
Status: in_force

15-08-19.3. Vehicular access

The use of vehicles on trust lands is prohibited, except:

1. Within thirty-three feet [10.06 meters] of section lines;

2. As allowed by the terms of a lease, permit, or easement issued by the board of

university and school lands;

3. When used for travel on a public road easement issued by the board;

4. When used by government personnel in the performance of official duties; or

5. When hunting under a special permit issued by the director of the game and fish

department to shoot from a stationary vehicle and with written permission from the

lessee and commissioner of university and school lands.
N.D. Cent. Code § 15-06-32.1 — ND Code / Title 15 / Chapter 15-06 / Section 15-06-32.1
15-06-32.1. Contracts - Renegotiation
Status: in_force

15-06-32.1. Contracts - Renegotiation

The board of university and school lands may renegotiate the terms of any contract made

under this chapter when requested by a purchaser who has paid at least thirty percent of the

purchase price and is unable to make the payments as required by the contract. The

renegotiation may include restructuring and reamortization so long as the resulting contract is

consistent with the fiduciary responsibilities of the board.
N.D. Cent. Code § 15-12-09 — ND Code / Title 15 / Chapter 15-12 / Section 15-12-09
15-12-09. Legislative assent to certain Acts of Congress and acceptance of grants thereunder
Status: in_force

15-12-09. Legislative assent to certain Acts of Congress and acceptance of grants

thereunder.

The legislative assent of the state of North Dakota is hereby given to:

1. The provisions of the Act of Congress entitled, "An Act to authorize the more complete

endowment of agricultural experiment stations, and for other purposes" approved

February 24, 1925.

2. The provisions of the Act of Congress entitled, "To provide for the further development

of agricultural extension work between the agricultural colleges in the several states

receiving the benefits of the act entitled 'An Act donating public lands to the several

states and territories which may provide colleges for the benefit of agriculture and

mechanic arts', approved July 2, 1862, and all acts supplemental thereto, and the

United States department of agriculture" approved May 26, 1928.
N.D. Cent. Code § 15-10-48.2 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-48.2
15-10-48.2. Agricultural research and extension - Matching grants - North Dakota state university agricultural experiment station
Status: in_force

15-10-48.2. Agricultural research and extension - Matching grants - North Dakota

state university agricultural experiment station.

1. a. Subject to legislative appropriations, each biennium the state board of higher

education shall award one dollar in matching grants for every two dollars raised

by the institutional foundation of North Dakota state university for projects

dedicated exclusively to agricultural research and extension at the agricultural

experiment station. Notwithstanding section 15-10-53, awards under this section

may be used for endowments, academic scholarships, operations, facility repair

projects, and new capital construction projects.

b. To be eligible for a matching grant, the institution shall demonstrate:

(1) Its foundation has raised at least twenty-five 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.

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

matching grants under this section.

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.

2. 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 the administrative expenses

incurred in the grant review process.
N.D. Cent. Code § 15-10-44.1 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-44.1
15-10-44.1. Required use of electronic mail, file server administration, database administration, application server, and hosting services
Status: in_force

15-10-44.1. Required use of electronic mail, file server administration, database

administration, application server, and hosting services.

Each institution and entity under the control of the state board of higher education shall

obtain electronic mail, file server administration, database administration, research computing,

storage, application server, and hosting services through a delivery system established by the

board. The board shall establish policies and guidelines for the delivery of services, including

the transition from existing systems to functional consolidation, with consideration given to the

creation of efficiencies, cost-savings, and improved quality of service.
N.D. Cent. Code § 15-10-18.5 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-18.5
15-10-18.5. Free tuition in North Dakota institutions of higher education for survivor of firefighter, emergency medical services personnel, or peace officer
Status: in_force

15-10-18.5. Free tuition in North Dakota institutions of higher education for survivor

of firefighter, emergency medical services personnel, or peace officer.

If a firefighter, an emergency medical services personnel as defined under section

23-27-04.3, or a peace officer dies as a direct result of injuries received while engaged in the

performance of official duties under circumstances dangerous to human life, the survivor, upon

being duly accepted for enrollment into any undergraduate degree or certificate program of a

North Dakota state institution of higher education, must be allowed to obtain a bachelor's

degree or certificate of completion, for so long as the dependent is eligible, free of any tuition

and fee charges; provided, however, that the bachelor's degree or certificate of completion is

earned within a forty-five-month or ten-semester period or its equivalent; and further provided

that tuition and fee charges may not include costs for aviation flight charges or expenses.
N.D. Cent. Code § 15-09-04 — ND Code / Title 15 / Chapter 15-09 / Section 15-09-04
15-09-04. Board to fix price for lands described in application - Conveyance
Status: in_force

15-09-04. Board to fix price for lands described in application - Conveyance

The board of university and school lands may sell the property described in the application

to the applicant at a price not less than the appraised value if the board concludes that the land

described in the application is required for the purposes stated in such application and that a

conveyance of the property is consistent with this title and the fiduciary responsibilities of the

board. If the land described in the application is less than an entire tract, the board, in fixing the

price at which such partial tract will be conveyed, shall take its value into consideration together

with all detriment caused to the remaining portions of the tract by the conveyance of the partial

tract. If the applicant agrees to the price fixed by the board for the land described in the

application and pays the full purchase price therefor, the board shall cause the tract to be

conveyed to the applicant.
N.D. Cent. Code § 15-10-68 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-68
15-10-68. Restrooms and shower rooms exclusively for males or exclusively for females
Status: in_force

15-10-68. Restrooms and shower rooms exclusively for males or exclusively for

females.

1. In a dormitory or living facility controlled by an institution under the control of the state

board of higher education, a restroom or shower room accessible by multiple residents

at the same time must be designated for use exclusively for males or exclusively for

females.

2. In a dormitory or living facility controlled by an institution under the control of the state

board of higher education, a restroom or shower room designated for one sex may be

used only by members of that sex.

3. This section applies to a dormitory or a dormitory floor in which residents are

segregated by sex or gender.

4. A dormitory administrator or dormitory staff member shall provide a reasonable

accommodation for a resident, including a transgender or gender-nonconforming

resident, as deemed appropriate by the director of residence life. This section does not

prohibit a dormitory administrator or dormitory staff member from entering a restroom

or shower room designated for the opposite sex in the course of official employment

duties.
N.D. Cent. Code § 15-10-18.2 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-18.2
15-10-18.2. Definitions
Status: in_force

15-10-18.2. Definitions

1. "Dependent" for purposes of section 15-10-18.3 means:

a. A child, stepchild, spouse, widow, or widower of a resident veteran, as "veteran"

is defined in section 37-01-40, who was killed in action or died from wounds or

other service-connected causes, has a one hundred percent service-connected

disability as determined by the department of veterans' affairs, has an

extra-schedular rating to include individual unemployability which results in the

veteran being paid at the one hundred percent rate as determined by the

department of veterans' affairs, died from service-connected disabilities, was a

prisoner of war, or was declared missing in action;

b. A child, stepchild, spouse, widow, or widower of a veteran, as defined in section

37-01-40, who was killed in action or died from wounds or other service-

connected causes, has a one hundred percent service-connected disability as

determined by the department of veterans' affairs, has an extra-schedular rating

to include individual unemployability which results in the veteran being paid at the

one hundred percent rate as determined by the department of veterans' affairs,

died from service-connected disabilities, was a prisoner of war, or was declared

missing in action, provided the spouse, widow, or widower, or the child's or

stepchild's other parent, has been a resident of this state and was a resident of

this state at the time of death or determination of total disability of the veteran;

c. A child, stepchild, spouse, widow, or widower of a veteran, as defined in section

37-01-40, who was killed in action or died from wounds or other service-

connected causes, has a one hundred percent service-connected disability as

determined by the department of veterans' affairs, has an extra-schedular rating

to include individual unemployability which results in the veteran being paid at the

one hundred percent rate as determined by the department of veterans' affairs,

died from service-connected disabilities, was a prisoner of war, or was declared

missing in action, provided the spouse, widow, or widower, or the child's or

stepchild's other parent, establishes residency in this state and maintains that

residency for a period of five years immediately preceding the spouse's, widow's,

widower's, child's, or stepchild's enrollment at an institution under the control of

the state board of higher education; or

d. A widow or widower of a veteran, as defined in section 37-01-40, who is receiving

United States department of veterans affairs dependency and indemnity

compensation and satisfies the residency requirement in subdivision a, b, or c.

For purposes of this subdivision, sufficient proof of receipt of United States

department of veterans affairs dependency and indemnity compensation includes

correspondence directed to a qualifying veteran's widow or widower by the United

States department of veterans affairs which indicates the widow or widower is a

survivor of the qualifying veteran and is in receipt of United States department of

veterans affairs dependency and indemnity compensation.

For purposes of this subsection, if the determination of disability or service-connected

death occurs subsequent to the qualifying veteran's death through application of a law

that renders a surviving spouse of a qualifying veteran eligible for United States

department of veterans' affairs disability and indemnity compensation, the

determination for purposes of qualification as a dependent under this subsection is

presumed to precede the veteran's death.

2. "Resident veteran" means a veteran who:

a. Was born in and lived in this state until entrance into the armed forces of the

United States;

b. Was born in, but was temporarily living outside this state, not having abandoned

residence therein prior to entrance into the armed forces of the United States;

c. Was born elsewhere but had resided within this state for at least six months prior

to entrance into military service and had prior to or during such six-month period:

(1) Registered for voting, or voted in this state;

(2) Being an unemancipated minor during such period of residence, had lived

with a parent or person standing in loco parentis who had acquired a

residence as set forth in this section; or

(3) If not registered for voting in this state, not registered for voting in another

state; or

d. Has been a resident of this state for the five years prior to the request for tuition

waiver.

3. "Stepchild's other parent" means the spouse, widow, or widower of a veteran.
N.D. Cent. Code § 15-10-69 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-69
15-10-69. Affiliated nonprofit organization funds
Status: in_force

15-10-69. Affiliated nonprofit organization funds

An affiliated nonprofit organization that provides support to and is organized and operated

for the benefit of an institution under the control of the state board of higher education may

deposit money into an institution account in the Bank of North Dakota for the purpose of

benefiting the mission and objectives of the institution. An expenditure made under this section

is deemed to be made for a public purpose and may not be construed as a gift for purposes of

section 18 of article X of the Constitution of North Dakota.
N.D. Cent. Code § 15-06-41 — ND Code / Title 15 / Chapter 15-06 / Section 15-06-41
15-06-41. Reports by state forester to board of university and school lands
Status: in_force

15-06-41. Reports by state forester to board of university and school lands

The state forester shall report annually to the board of university and school lands the

nature of the improvements, the conditions of the forest, the number of trees cut and the

disposition thereof, the proceeds derived from the sale of forest products and the disposition

thereof, the amount of forest products undisposed of, and all expenses paid or incurred. The

state forester shall also report such other matters pertaining to said lands as the board of

university and school lands may require. Such report must be made with respect to each

separate school section so controlled by the state forester.
N.D. Cent. Code § 15-05-11 — ND Code / Title 15 / Chapter 15-05 / Section 15-05-11
15-05-11. Improvements defined
Status: in_force

15-05-11. Improvements defined

The word "improvements" must be construed to mean surface improvements, machinery,

and other equipment used and necessary for the operation of drilling on the land for oil or gas

and the extraction of coal, cement materials, sodium sulfate, sand and gravel, road materials,

building stone, chemical substances, metallic ores, or colloidal or other clays, and work

performed in the development of the property for such purposes when the development work is

of practical value for future operation and drilling upon the land. Wells drilled for oil or gas which

do not produce oil or gas in commercial quantities may not be considered improvements.
N.D. Cent. Code § 15-11-35 — ND Code / Title 15 / Chapter 15-11 / Section 15-11-35
15-11-35. Fetal alcohol syndrome center established
Status: in_force

15-11-35. Fetal alcohol syndrome center established

1. There is established at the university of North Dakota school of medicine a fetal

alcohol syndrome center.

2. The state board of higher education shall appoint a director of the fetal alcohol

syndrome program. The director shall prepare an annual report on the status of fetal

alcohol syndrome in North Dakota.

3. The fetal alcohol syndrome center shall develop prevention activities in groups that are

at high risk for fetal alcohol syndrome. The center may enlist the aid of other agencies,

persons, or organizations in its activities.

4. The responsibilities of the fetal alcohol syndrome program include:

a. Developing incidence and prevalence data on fetal alcohol syndrome in this state.

b. Conducting research on prevention and management of fetal alcohol syndrome

and maternal alcohol ingestion during pregnancy.

c. Developing a center for the evaluation of children with fetal alcohol syndrome

from this state in cooperation with the child evaluation and treatment program at

the university of North Dakota medical center and operating followup clinics as

funding allows.

d. Providing consultation and training across the state on fetal alcohol syndrome.

e. Conducting other activities as may be directed by a state fetal alcohol syndrome

task force.

5. The fetal alcohol syndrome center shall coordinate a study of the prevalence of fetal

alcohol syndrome in school-age children in this state. The study must review the

prevalence of fetal alcohol syndrome in both rural and urban North Dakota

communities, including North Dakota Indian reservations.
N.D. Cent. Code § 15-08-01 — ND Code / Title 15 / Chapter 15-08 / Section 15-08-01
15-08-01. Permanent and interest and income funds
Status: repealed

15-08-01. Permanent and interest and income funds

Repealed by S.L. 2009, ch. 153, § 8.
N.D. Cent. Code § 15-10-43 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-43
15-10-43. Veterinary medical education program - Kansas state university - Contract
Status: in_force

15-10-43. Veterinary medical education program - Kansas state university - Contract

1. In addition to any contracts under section 15-10-28.2, the state board of higher

education may contract with Kansas state university to provide an opportunity for up to

five eligible students to enroll in the veterinary medical education program at Kansas

state university.

2. Eligible students must be residents of this state and must have been selected for

enrollment by an admissions committee consisting of one faculty member appointed

by the vice president for agricultural affairs at North Dakota state university, one

veterinarian practicing in this state, one member of the legislative assembly, and one

livestock producer, all of whom must be appointed by the legislative management, and

the chairman of the admissions committee at the Kansas state university school of

veterinary medicine. The legislative management and the chairman of the admissions

committee at the Kansas state university school of veterinary medicine may select an

alternative for each of the designated positions to serve as necessary.

3. The admissions committee shall determine the criteria to be used in the selection of

eligible students, with eligible students interested in large animal veterinary medicine

receiving a priority.
N.D. Cent. Code § 15-08.1-08 — ND Code / Title 15 / Chapter 15-08.1 / Section 15-08.1-08
15-08.1-08. Income - Expenses - Reimbursement - Creation of strategic investment and improvements fund - Legislative intent
Status: in_force

15-08.1-08. Income - Expenses - Reimbursement - Creation of strategic investment

and improvements fund - Legislative intent.

The income derived from the sale, lease, and management of the mineral interests acquired

by the board of university and school lands pursuant to this chapter and other funds as provided

by law must, after deducting the expenses of sale, lease, and management of the property, be

deposited in a fund to be known as the strategic investment and improvements fund. The

corpus and interest of such trust may be expended as the legislative assembly may provide for

one-time expenditures relating to improving state infrastructure or for initiatives to improve the

efficiency and effectiveness of state government. It is the intent of the legislative assembly that

moneys in the fund may be included in draft appropriation acts under section 54-44.1-06 and

may be appropriated by the legislative assembly, but only to the extent that the moneys are

estimated to be available at the beginning of the biennium in which the appropriations are

authorized.
N.D. Cent. Code § 15-18.1-01 — ND Code / Title 15 / Chapter 15-18.1 / Section 15-18.1-01
15-18.1-01. Definitions
Status: in_force

15-18.1-01. Definitions

As used in this chapter:

1. "Accredited" means approved by an accrediting body recognized by the United States

department of education.

2. "Authorization to operate" or like term means approval of the board or North Dakota

university system office, as applicable, to operate or to contract to operate a

postsecondary educational institution in this state.

3. "Board" means the state board of higher education.

4. "Distance education" is education using one or more types of technology to deliver

instruction to a student who is separated from the instructor and to support regular and

substantive interaction between the student and the instructor synchronously or

asynchronously.

5. "Education" or "educational services" or like term includes any class, course, or

program of training, instruction, or study.

6. "Educational credentials" means a postsecondary credential leading to a diploma;

certificate; or an associate, bachelor, master, or doctorate degree. This term does not

include a postsecondary credential leading to an honorary degree or other unearned

degree.

7. "Person" means an individual, organization, government, political subdivision, or

government agency or instrumentality. The term does not include environmental

elements, artificial intelligence, an animal, or an inanimate object.

8. "Physical presence" means a presence established by:

a. Maintaining a physical location in the state where students receive instruction or

providing instruction to students at a designated location and time in the state;

b. Maintaining an administrative office in the state for students receiving in-person

instruction or distance education;

c. Maintaining a mailing address in the state and a local telephone number;

d. Providing office space in the state for instructional or noninstructional staff; and

e. Providing student support services at a physical location in the state, whether

operated by or on behalf of the institution.

9. "Postsecondary educational institution" means an agency or political subdivision of the

state, individual, partnership, company, firm, society, trust, association, corporation, or

any combination that:

a. Is, owns, or operates a postsecondary educational institution.

b. Provides a postsecondary course of instruction leading to a degree.

c. Uses in its name the term "college", "academy", "institute", or "university" or a

similar term to imply the person is primarily engaged in the education of students

at the postsecondary level, and charges for its services.

10. "To grant" includes awarding, selling, conferring, bestowing, or giving.

11. "To offer" includes, in addition to its usual meanings, advertising, publicizing, soliciting,

or encouraging any individual, directly or indirectly, in any form, to perform the act

described.
N.D. Cent. Code § 15-18-10 — ND Code / Title 15 / Chapter 15-18 / Section 15-18-10
15-18-10. Junior college boards of control - Expenditures - Budget - Members - Terms - Compensation
Status: repealed

15-18-10. Junior college boards of control - Expenditures - Budget - Members - Terms

- Compensation.

Repealed by S.L. 1983, ch. 192, § 15.
N.D. Cent. Code § 15-12-04 — ND Code / Title 15 / Chapter 15-12 / Section 15-12-04
15-12-04. Faculty - Rules and regulations
Status: repealed

15-12-04. Faculty - Rules and regulations

Repealed by S.L. 2001, ch. 162, § 7.
N.D. Cent. Code § 15-71-01 — ND Code / Title 15 / Chapter 15-71 / Section 15-71-01
15-71-01. State board of higher education - Biomass energy center
Status: in_force

15-71-01. State board of higher education - Biomass energy center

The state board of higher education is encouraged to establish or name a biomass energy

center or centers at an institution or institutions under the control of the board to conduct

research and provide education and technical assistance related to biomass production,

harvesting, transportation, and conversion.
N.D. Cent. Code § 15-39.1-27 — ND Code / Title 15 / Chapter 15-39.1 / Section 15-39.1-27
15-39.1-27. Computation of years of service
Status: in_force

15-39.1-27. Computation of years of service

In computing the terms of service of a member under this chapter, a member employed full

time who receives compensation for at least seven hundred hours in a fiscal year earns

one year of service. A member who receives compensation for less than seven hundred hours

of service earns fractional credit equal to the number of compensated hours worked in a fiscal

year divided by seven hundred hours. A member may not earn more than one year of service in

a fiscal year.
N.D. Cent. Code § 15-10-46 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-46
15-10-46. University of North Dakota fighting Sioux nickname and logo
Status: repealed

15-10-46. University of North Dakota fighting Sioux nickname and logo

Repealed by S.L. 2011, ch. 580, § 2.
N.D. Cent. Code § 15-03-02 — ND Code / Title 15 / Chapter 15-03 / Section 15-03-02
15-03-02. Proceeds from trust fund assets
Status: in_force

15-03-02. Proceeds from trust fund assets

All proceeds from the sale and management of any assets under the control of the board of

university and school lands must be deposited in the trust fund for which the assets were

granted or earned and are pledged specifically for the maintenance of the institution for which

such assets were granted or earned. The cost of administering a trust fund may be paid out of

the fund, in accordance with section 1 of article IX of the Constitution of North Dakota.
N.D. Cent. Code § 15-20.1-23 — ND Code / Title 15 / Chapter 15-20.1 / Section 15-20.1-23
15-20.1-23. North Dakota elementary student entrepreneurship program
Status: in_force

15-20.1-23. North Dakota elementary student entrepreneurship program

1. There is created a North Dakota elementary student entrepreneurship program under

the authority of the state board. The state board shall adopt policies to create a

program of grants to support entrepreneurship education that is coordinated with

classroom curriculum, standards, and activities encouraging and showcasing

entrepreneurial activities at the elementary education level.

2. The grants must be awarded to school districts and require matching funds of up to

fifty percent of the curriculum and activity costs.

3. At the request of a school district, the state board may forward the district's grant

directly to an entity providing services in accordance with this section.
N.D. Cent. Code § 15-13-07 — ND Code / Title 15 / Chapter 15-13 / Section 15-13-07
15-13-07. Separate funds for allocations to several normal schools
Status: repealed

15-13-07. Separate funds for allocations to several normal schools

Repealed by S.L. 1999, ch. 157, § 4.
N.D. Cent. Code § 15-10-18.4 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-18.4
15-10-18.4. Definitions
Status: in_force

15-10-18.4. Definitions

For purposes of section 15-10-18.5:

1. "Firefighter" means a person who is a member of a paid or volunteer fire department

that is a part of, or administered by, this state, any political subdivision of this state, or

a rural fire protection district.

2. "Peace officer" means:

a. Any person employed by a state law enforcement agency or a political

subdivision of the state who is charged with the prevention and detection of crime

and the enforcement of the criminal laws of the state and who has full power of

arrest; or

b. A correctional officer employed by the state or a political subdivision of the state.

3. "Stepchild" means a child of the decedent's spouse or predeceased spouse, and not of

the decedent.

4. "Survivor" means, at the time of the firefighter's or peace officer's death, the

firefighter's or peace officer's biological or adopted child under the age of twenty-one,

stepchild under the age of twenty-one, and spouse.
N.D. Cent. Code § 15-05-18 — ND Code / Title 15 / Chapter 15-05 / Section 15-05-18
15-05-18. Leases of sand and gravel, construction aggregate, and other construction minerals
Status: in_force

15-05-18. Leases of sand and gravel, construction aggregate, and other construction

minerals.

Notwithstanding the provisions of chapter 38-09, the board of university and school lands

may enter into mineral leasing agreements for sand and gravel, road material, building stone,

and construction aggregate or colloidal or other clays under rules adopted by the board. No

lease under this section may be issued by the board for less than fair market value, nor may any

lease under this section be issued for a period of more than five years.
N.D. Cent. Code § 15-10-67 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-67
15-10-67. Records of the North Dakota university system and state board of higher education
Status: in_force

15-10-67. Records of the North Dakota university system and state board of higher

education.

The North Dakota university system and the state board of higher education may not deny a

member of the governing body access to a record that is closed or confidential, as defined in

chapter 44-04, including a meeting record, whether written or recorded, unless otherwise

prohibited by law.
N.D. Cent. Code § 15-06-19.1 — ND Code / Title 15 / Chapter 15-06 / Section 15-06-19.1
15-06-19.1. Exchange of lands with the United States
Status: in_force

15-06-19.1. Exchange of lands with the United States

Original grant school or institutional lands and any other lands controlled by the board of

university and school lands may be exchanged for lands of like character and value belonging to

the United States government when it appears that such exchange will be advantageous to the

state of North Dakota and will effect an increase in the value of such lands by consolidation or

by making lands more accessible. Such exchange is subject to the approval of the proper

department of the federal government, and such lands must be appraised as provided by law in

the case of sale of real property owned by the state. The state also may execute and deliver

proper conveyances of such land in the manner and form provided by law without the necessity

of complying with any statute requiring the giving of notice of exchange or competitive bidding,

and may accept in return therefor a proper instrument of conveyance to the state of North

Dakota of the land for which such lands are exchanged, and the lands so acquired are subject

to the trust to which the lands exchanged therefor were subject.
N.D. Cent. Code § 15-06-08 — ND Code / Title 15 / Chapter 15-06 / Section 15-06-08
15-06-08. Manner of sale - Purchase price
Status: repealed

15-06-08. Manner of sale - Purchase price

Repealed by S.L. 1947, ch. 160, § 12.
N.D. Cent. Code § 15-18-04.1 — ND Code / Title 15 / Chapter 15-18 / Section 15-18-04.1
15-18-04.1. Establishment of off-campus educational center - Tuition and fees - Use of tuition and fee revenue
Status: repealed

15-18-04.1. Establishment of off-campus educational center - Tuition and fees - Use of

tuition and fee revenue.

Repealed by S.L. 1983, ch. 192, § 15.
N.D. Cent. Code § 15-70-03 — ND Code / Title 15 / Chapter 15-70 / Section 15-70-03
15-70-03. Grant authorization
Status: in_force

15-70-03. Grant authorization

The state board of higher education shall make grants to tribally controlled community

colleges to defray the costs of education associated with enrollment of nonbeneficiary students.

Grants made pursuant to this section must go directly to the recipient institutions.
N.D. Cent. Code § 15-03-14 — ND Code / Title 15 / Chapter 15-03 / Section 15-03-14
15-03-14. Conveyance of mortgaged land to state - Effect
Status: in_force

15-03-14. Conveyance of mortgaged land to state - Effect

When a mortgage held by the state as security for the investment of permanent school

funds of the state is in default and the foreclosure thereof is deemed advisable, the Bank of

North Dakota, acting on behalf of the board of university and school lands, may accept from the

owner of the record title of the land covered by the mortgage a deed conveying the land to the

state. Such deed transfers and extinguishes all title, interest, and right of redemption of the

grantor but does not extinguish the mortgage lien on the land. Such lien may be foreclosed

subsequently in the manner provided by law. The deed may be recorded in the office of the

recorder of the county wherein the land is situated, and the mortgage held by the state may be

released and satisfied. A deed of conveyance from the date of its execution has the same legal

effect for all purposes as a sheriff's deed would have if the mortgage involved had been

foreclosed.
N.D. Cent. Code § 15-10-17.2 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-17.2
15-10-17.2. Claims against institutions of higher education - Continuing appropriation
Status: repealed

15-10-17.2. Claims against institutions of higher education - Continuing

appropriation.

Repealed by S.L. 1995, ch. 329, § 14.
N.D. Cent. Code § 15-20.4-16 — ND Code / Title 15 / Chapter 15-20.4 / Section 15-20.4-16
15-20.4-16. Unlawful to use degree or certificate when coursework not completed - Penalty
Status: repealed

15-20.4-16. Unlawful to use degree or certificate when coursework not completed -

Penalty.

Repealed by S.L. 2013, ch. 137, § 14.
N.D. Cent. Code § 15-11-09 — ND Code / Title 15 / Chapter 15-11 / Section 15-11-09
15-11-09. State geologist - Appointment of deputy
Status: repealed

15-11-09. State geologist - Appointment of deputy

Repealed by S.L. 1989, ch. 646, § 12.
N.D. Cent. Code § 15-06-23 — ND Code / Title 15 / Chapter 15-06 / Section 15-06-23
15-06-23. Certification and verification of appraisal
Status: in_force

15-06-23. Certification and verification of appraisal

The county board of appraisers shall certify to the correctness of the appraisal and file the

same with the county auditor who shall immediately transmit the same to the commissioner of

university and school lands. The appraisal must be verified by each of the appraisers and must

disclose any real or contingent interest that any of the appraisers has in the tract appraised.
N.D. Cent. Code § 15-39.1-35 — ND Code / Title 15 / Chapter 15-39.1 / Section 15-39.1-35
15-39.1-35. Savings clause - Plan modifications
Status: in_force

15-39.1-35. Savings clause - Plan modifications

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, subject to the approval of the

employee benefits programs committee. 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 § 15-62.1-05 — ND Code / Title 15 / Chapter 15-62.1 / Section 15-62.1-05
15-62.1-05. Establishment and maintenance of adequate guarantee funds - Appropriation
Status: in_force

15-62.1-05. Establishment and maintenance of adequate guarantee funds -

Appropriation.

The agency may enter into an agreement with the federal government for the coinsurance

of loans guaranteed under this program. The agency shall establish and at all times maintain

from funds appropriated under this chapter adequate guarantee reserve funds in special

accounts in the Bank of North Dakota unless required by 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; Pub. L. 105-244;

112 Stat. 1581; 20 U.S.C. 1001 et seq.], as amended through December 31, 1998, to be

invested elsewhere. The fund for loans that are coinsured by the federal government must be

maintained at a minimum amount equal to the requirements set forth in 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;

Pub. L. 105-244; 112 Stat. 1581; 20 U.S.C. 1001 et seq.], as amended through December 31,

1998. The fund for loans that are not coinsured by the federal government will be determined by

the agency but may be no less than the Bank of North Dakota historical default rate. Funds

appropriated under this chapter and designated as guarantee agency reserve funds for loans

that are not coinsured by the federal government must be administered separately and

segregated from reserve funds for loans that are coinsured by the federal government. The

securities in which the moneys in the reserve funds may be invested must meet the same

requirements as those authorized for investment under the state investment board. The income

from such investments must be made available for the costs of administering the respective

guarantee loan programs and income in excess of that required to pay the cost of administering

the programs must be deposited in the respective reserve fund that corresponds to the source

of the initial invested funds. The proceeds of reserve funds received from federal, state, or

private sources, for the purpose of guaranteeing loans made to students as provided in this

chapter, are appropriated as a continuing appropriation for the payment of defaulted loans

guaranteed by each respective fund.
N.D. Cent. Code § 15-06-17 — ND Code / Title 15 / Chapter 15-06 / Section 15-06-17
15-06-17. Prepayments on contracts permitted - Payment for townsite lands
Status: repealed

15-06-17. Prepayments on contracts permitted - Payment for townsite lands

Repealed by S.L. 1947, ch. 160, § 12.
N.D. Cent. Code § 15-06-21 — ND Code / Title 15 / Chapter 15-06 / Section 15-06-21
15-06-21. Description of school lands withdrawn from sale except for park purposes
Status: repealed

15-06-21. Description of school lands withdrawn from sale except for park purposes

Repealed by S.L. 1963, ch. 136, § 1.
N.D. Cent. Code § 15-06-31 — ND Code / Title 15 / Chapter 15-06 / Section 15-06-31
15-06-31. Recording of correct map when tract divided into parcels or lots
Status: in_force

15-06-31. Recording of correct map when tract divided into parcels or lots

When the commissioner of university and school lands divides any tract of land into small

parcels or lots as provided in this chapter, the commissioner shall cause a correct map of the

land to be entered of record in the county where the land is situated.
N.D. Cent. Code § 15-12-11 — ND Code / Title 15 / Chapter 15-12 / Section 15-12-11
15-12-11. List of North Dakota state university publications furnished to county auditor
Status: repealed

15-12-11. List of North Dakota state university publications furnished to county

auditor.

Repealed by S.L. 2011, ch. 121, § 1.
N.D. Cent. Code § 15-08-24 — ND Code / Title 15 / Chapter 15-08 / Section 15-08-24
15-08-24. Damages recovered paid into school fund
Status: in_force

15-08-24. Damages recovered paid into school fund

All damages recovered for trespass or other injury upon or to any of the lands mentioned in

this chapter must be paid to the state treasurer for the benefit of the fund to which the same

properly belongs.
N.D. Cent. Code § 15-55-10 — ND Code / Title 15 / Chapter 15-55 / Section 15-55-10
15-55-10. Limitation on buildings and other campus improvements and issuance of bonds
Status: reserved

15-55-10. Limitation on buildings and other campus improvements and issuance of

bonds.

No building or other campus improvement may be erected or constructed under this

chapter, and no bonds may be issued for the payment of the cost of any building or other

campus improvement under this chapter, unless authorized by legislative act, nor may any

building or other campus improvement be erected at a cost exceeding the amount fixed by the

legislative assembly as the maximum to be expended for the building or other campus

improvement undertaken under this chapter. The legislative authorization may be aggregated

and the appropriation of the proceeds of the bonds for the construction of the buildings or

improvements are not subject to cancellation under section 54-44.1-11. Authorization for the

issuance of bonds by the legislative assembly expires four years after the effective date of the

authorization unless bonds have been issued for the construction of buildings or improvements

in the amounts so authorized or a contract for the design of the building has been signed by the

state board of higher education before the expiration date or the authorization specifies a

different expiration date. Refunding bonds may be issued by the state board of higher education

under this chapter without legislative act to refund, at or before the maturity of or pursuant to

any privilege of prepayment reserved in or granted with respect to, any bonds issued to pay the

cost of buildings or other campus improvements designated and authorized by legislative act.
N.D. Cent. Code § 15-20.1-18 — ND Code / Title 15 / Chapter 15-20.1 / Section 15-20.1-18
15-20.1-18. Hearings allowed to aggrieved persons
Status: repealed

15-20.1-18. Hearings allowed to aggrieved persons

Repealed by S.L. 1973, ch. 383, § 17.
N.D. Cent. Code § 15-10-26 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-26
15-10-26. Appropriations
Status: repealed

15-10-26. Appropriations

Repealed by S.L. 1965, ch. 120, § 6.
N.D. Cent. Code § 15-06-15 — ND Code / Title 15 / Chapter 15-06 / Section 15-06-15
15-06-15. Sale of lots and parcels - New appraisal - Terms of sale
Status: repealed

15-06-15. Sale of lots and parcels - New appraisal - Terms of sale

Repealed by S.L. 1947, ch. 160, § 12.
N.D. Cent. Code § 15-52-24 — ND Code / Title 15 / Chapter 15-52 / Section 15-52-24
15-52-24. Loan insurance
Status: repealed

15-52-24. Loan insurance

Repealed by S.L. 2003, ch. 141, § 7.
N.D. Cent. Code § 15-12.1-15 — ND Code / Title 15 / Chapter 15-12.1 / Section 15-12.1-15
15-12.1-15. Compensation of board members - Expenses
Status: in_force

15-12.1-15. Compensation of board members - Expenses

Each appointed member of the state board of agricultural research and education is entitled

to receive one hundred thirty-five dollars per day as compensation for the time actually spent

devoted to the duties of office and is entitled to receive necessary expenses in the same

manner and amounts as state officials for attending meetings and performing other functions of

office.
N.D. Cent. Code § 15-20.1-04 — ND Code / Title 15 / Chapter 15-20.1 / Section 15-20.1-04
15-20.1-04. Acceptance of benefits of federal acts in career and technical education - Cooperation with federal government
Status: in_force

15-20.1-04. Acceptance of benefits of federal acts in career and technical education -

Cooperation with federal government.

The state of North Dakota hereby accepts all of the provisions and benefits of the acts of

Congress to assist states to maintain, extend, and improve existing programs and develop new

programs in career and technical education.
N.D. Cent. Code § 15-54.1-01 — ND Code / Title 15 / Chapter 15-54.1 / Section 15-54.1-01
15-54.1-01. University system capital building fund - Creation - Continuing appropriation
Status: in_force

15-54.1-01. University system capital building fund - Creation - Continuing

appropriation.

There is created in the state treasury the university system capital building fund. The

university system capital building fund consists of moneys transferred to the fund and any

interest and earnings of the fund. The state board of higher education may provide for the fund

to be invested under the supervision of the state investment board. Moneys in the fund are

appropriated to the state board of higher education on a continuing basis for allocations to the

institutions under the control of the state board of higher education for capital projects as

directed by the legislative assembly and in accordance with this chapter. Any interest or

earnings of the fund must be allocated to the capital building fund pool within the university

system capital building fund.
N.D. Cent. Code § 15-20.1-25 — ND Code / Title 15 / Chapter 15-20.1 / Section 15-20.1-25
15-20.1-25. Career development facilitation - Provisional approval
Status: in_force

15-20.1-25. Career development facilitation - Provisional approval

1. The department may provisionally approve an individual to serve as a career advisor if

the individual:

a. Holds a baccalaureate degree from an accredited institution of higher education;

b. Has at least a five-year employment history; and

c. Provides the department with a plan for completing the department's

programmatic requirements within a two-year period.

2. Provisional approval under subsection 1 is valid for a period of two years and may not

be extended by the department.
N.D. Cent. Code § 15-10.3-01 — ND Code / Title 15 / Chapter 15-10.3 / Section 15-10.3-01
15-10.3-01. Definitions
Status: in_force

15-10.3-01. Definitions

For purposes of this chapter, unless the context otherwise requires:

1. "Fee" means any monetary charge, other than tuition, that a student is assessed for a

specific purpose or supplemental service.

2. "Tuition" means the monetary charge that a student is assessed in order to be enrolled

in a class or program for which a student generally earns academic credit.
N.D. Cent. Code § 15-10.5-02 — ND Code / Title 15 / Chapter 15-10.5 / Section 15-10.5-02
15-10.5-02. Midwestern higher education commission - Terms - Vacancies
Status: in_force

15-10.5-02. Midwestern higher education commission - Terms - Vacancies

1. The members of the midwestern higher education commission representing this state

are:

a. The governor or the governor's designee.

b. One member of the senate and one member of the house of representatives,

appointed by the chairman of the legislative management.

c. Two at-large members, one of whom must be knowledgeable about the field of

higher education, appointed by the governor.

2. The term of each legislative appointee is two years. One initial at-large member must

be appointed for a term of two years and the other for a term of four years. Thereafter,

the term of each at-large member is four years.

3. If a member vacates the position to which the member was appointed, the position

must be filled for the remainder of the unexpired term in the same manner as that

position was filled initially.
N.D. Cent. Code § 15-11-24 — ND Code / Title 15 / Chapter 15-11 / Section 15-11-24
15-11-24. Alumni building - Authority as to building on campus - Rules and regulations
Status: repealed

15-11-24. Alumni building - Authority as to building on campus - Rules and

regulations.

Repealed by S.L. 1999, ch. 157, § 4.
N.D. Cent. Code § 15-39.1-17 — ND Code / Title 15 / Chapter 15-39.1 / Section 15-39.1-17
15-39.1-17. Death of member
Status: in_force

15-39.1-17. Death of member

1. A member may designate a beneficiary to receive death benefits under the plan when

the member dies. If the member is not married, the member may designate a person,

estate, or organization as primary beneficiary to receive death benefits. If the member

is married, the spouse of the member is the member's primary beneficiary unless the

spouse consents in writing to the member's alternate primary beneficiary designation.

A member also may designate contingent beneficiaries who are entitled to any

remaining death benefits if the primary beneficiary dies before receiving all death

benefits provided by this plan. If a member dies without naming a contingent

beneficiary, the primary beneficiary may name a contingent beneficiary. If there is no

named primary or contingent beneficiary, any death benefits will be paid to the estate.

2. If a member has named more than one primary beneficiary, the board shall pay any

death benefits to the primary beneficiaries in the percentages designated by the

member or, if the member has not designated a percentage for the beneficiaries, in

equal percentages. If one or more of the primary beneficiaries has predeceased the

member, the board shall pay the predeceased beneficiary's share to the remaining

primary beneficiaries. If no primary beneficiaries remain, any death benefits must be

paid to the contingent beneficiaries in the same manner.

a. If before retiring a nonvested member dies, the plan shall pay the member's

account value to the member's beneficiary.

b. If before retiring a vested member dies, the member's beneficiary may select a

form of payment as follows:

(1) If the member dies and was eligible for unreduced retirement benefits and if

the beneficiary is one person, the beneficiary may select:

(a) A lump sum payment of the member's account value; or

(b) A lifetime monthly annuity effective on the first of the month following

the month of the member's death. The amount of the monthly annuity

is equal to an amount that would have been paid to the beneficiary

under a one hundred percent joint and survivor annuity. If the

beneficiary dies before receiving the guaranteed member account

value, any remaining balance must be paid in a lump sum to a named

contingent beneficiary, or if none, to the estate of the recipient.

(2) If the member dies and was not eligible for unreduced retirement benefits

and if the beneficiary is one person, the beneficiary may select:

(a) A lump sum payment of the member's account value; or

(b) A lifetime monthly annuity effective on the first of the month following

the month of the member's death. The amount of the monthly annuity

is equal to an amount that would have been paid to the beneficiary

under a one hundred percent joint and survivor annuity without

reduction for early retirement and using the disability option reduction

factor. If the beneficiary dies before receiving the guaranteed member

account value, any remaining balance must be paid in a lump sum to

a named contingent beneficiary, or if none, to the estate of the

recipient.

(3) If the member dies and multiple beneficiaries are eligible for death benefits,

the plan shall pay the member's account value to the member's

beneficiaries.

c. If a member or beneficiary receiving benefits under this plan dies before the total

amount of benefits paid to either or both equals the amount of the member's

account value, the difference must be paid in a lump sum to a named beneficiary,

or if none, to the estate of the recipient.
N.D. Cent. Code § 15-03-04.3 — ND Code / Title 15 / Chapter 15-03 / Section 15-03-04.3
15-03-04.3. Loan pool account - Management by Bank of North Dakota
Status: in_force

15-03-04.3. Loan pool account - Management by Bank of North Dakota

Subject to this chapter, the Bank of North Dakota, in accordance with standard banking

practices, shall manage all loans in the loan pool account and execute all instruments on behalf

of the board of university and school lands that pertain to real estate mortgages in the loan pool

account, including reamortization agreements, satisfactions, and partial releases. The Bank of

North Dakota shall also act as agent for the board and shall execute all instruments, including

reamortization agreements, satisfactions, and partial releases, that pertain to mortgages

previously issued by the board. All instruments must be executed in the same manner as

specified in section 6-09-26. This section is self-executing and no assignment, power of

attorney, or other instrument of transfer is necessary to establish the authority of the Bank of

North Dakota to act on behalf of the board of university and school lands under this section.
N.D. Cent. Code § 15-05-04 — ND Code / Title 15 / Chapter 15-05 / Section 15-05-04
15-05-04. Lands containing coal leased for agricultural purposes - Contents of lease
Status: in_force

15-05-04. Lands containing coal leased for agricultural purposes - Contents of lease

When any lands containing coal are leased for agricultural purposes, the lease must contain

a provision authorizing the board of university and school lands to lease the same land for coal

mining purposes and must reserve to the board the right to use and occupy or to lease for use

and occupancy so much of the surface of the land as the lessee of the land for coal mining

purposes requires for the extracting, mining, and marketing of the coal.
N.D. Cent. Code § 15-52-09 — ND Code / Title 15 / Chapter 15-52 / Section 15-52-09
15-52-09. Expenditure of proceeds of one-mill levy authorized - Limitation
Status: in_force

15-52-09. Expenditure of proceeds of one-mill levy authorized - Limitation

The proceeds of the one-mill tax levy established by section 10 of article X of the

Constitution of North Dakota, together with any other funds that may be received by the state

treasurer, from time to time, for the benefit of the university of North Dakota school of medicine

and health sciences, must be expended to establish, develop, and maintain the university of

North Dakota school of medicine and health sciences, as provided in this chapter, by the

issuance of state warrants drawn on such funds by the director of the office of management and

budget.
N.D. Cent. Code § 15-18.2-03 — ND Code / Title 15 / Chapter 15-18.2 / Section 15-18.2-03
15-18.2-03. Credit completion factor - Determination
Status: in_force

15-18.2-03. Credit completion factor - Determination

1. Except as provided in subsections 2 and 3 of this section, for each institution under its

control, the state board of higher education shall multiply the product determined

under section 15-18.2-02 by a factor of:

a. 1.00 if the number of credit-hours is at least 240,000;

b. 1.05 if the number of credit-hours is at least 180,000 but less than 240,000;

c. 1.10 if the number of credit-hours is at least 135,000 but less than 180,000;

d. 1.15 if the number of credit-hours is at least 130,000 but less than 135,000;

e. 1.20 if the number of credit-hours is at least 120,000 but less than 130,000;

f. 1.30 if the number of credit-hours is at least 70,000 but less than 120,000;

g. 1.40 if the number of credit-hours is at least 60,000 but less than 70,000;

h. 1.50 if the number of credit-hours is at least 50,000 but less than 60,000;

i. 1.60 if the number of credit-hours is at least 40,000 but less than 50,000;

j. 1.70 if the number of credit-hours is at least 30,000 but less than 40,000; and

k. 1.80 if the number of credit-hours is less than 30,000.

2. If the number of credit-hours completed by an institution would cause a decrease in

the credit completion factor for that institution compared to the credit completion factor

the institution received during the prior biennium, the state board of higher education

shall multiply the product determined under section 15-18.2-02 by a credit growth

factor of 1.0 for credits in excess of the factor the institution received during the prior

biennium. Any weighted credit-hours multiplied by a credit growth factor under this

section must have a weight of 1.0 under section 15-18.2-02. The state board of higher

education shall multiply the remaining weighted credits by the credit completion factor

the institution received during the prior biennium.

3. For purposes of this section, the number of credit-hours must be those determined by

the state board of higher education in accordance with section 15-18.2-01.
N.D. Cent. Code § 15-03-15 — ND Code / Title 15 / Chapter 15-03 / Section 15-03-15
15-03-15. Meeting to consider investments and approval of farm loans - Notice - Vote required
Status: repealed

15-03-15. Meeting to consider investments and approval of farm loans - Notice - Vote

required.

Repealed by S.L. 1995, ch. 163, § 5.
N.D. Cent. Code § 15-08-18.1 — ND Code / Title 15 / Chapter 15-08 / Section 15-08-18.1
15-08-18.1. Taxation of public lands sold on contract - Cancellation
Status: in_force

15-08-18.1. Taxation of public lands sold on contract - Cancellation

When real property owned by the state of North Dakota as trustee of permanent school

funds for the use and benefit thereof is sold upon contract providing for a future conveyance, the

department or office making such contract on the part of the vendor shall immediately notify the

county auditor of the county wherein the real property is situated, of the making of the contract,

the description of the real property therein described, and the name of the vendee. The real

property must be put upon the tax rolls of the county and assessed and the taxes must be levied

thereon, based upon its taxable value on the first day of February next succeeding the date of

the contract. In the event that the contract is canceled by the vendor and not redeemed, the

taxes must be immediately canceled and stricken from the tax rolls by the county auditor upon

notice of such expiration of the period of redemption being reported to the county auditor by the

vendor.
N.D. Cent. Code § 15-55-04 — ND Code / Title 15 / Chapter 15-55 / Section 15-55-04
15-55-04. Board may enter into contract with federal agencies
Status: in_force

15-55-04. Board may enter into contract with federal agencies

The board may enter into any agreements or contracts with the United States of America or

any agency or instrumentality thereof which it may consider advisable or necessary in order to

obtain a grant of funds or other aid to be used in connection with the proceeds of the bonds in

paying the cost of the construction, furnishing, and equipment of the building or other campus

improvement.
N.D. Cent. Code § 15-39.1-13 — ND Code / Title 15 / Chapter 15-39.1 / Section 15-39.1-13
15-39.1-13. Exemptions from legal process
Status: repealed

15-39.1-13. Exemptions from legal process

Repealed by S.L. 1987, ch. 386, § 2.
N.D. Cent. Code § 15-10-43.1 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-43.1
15-10-43.1. Professional student exchange programs - Bank of North Dakota - Agreements - Repayment
Status: repealed

15-10-43.1. Professional student exchange programs - Bank of North Dakota -

Agreements - Repayment.

Repealed by S.L. 2021, ch. 128, § 2.
N.D. Cent. Code § 15-12-06 — ND Code / Title 15 / Chapter 15-12 / Section 15-12-06
15-12-06. Treasurer - Bond
Status: repealed

15-12-06. Treasurer - Bond

Repealed by S.L. 1999, ch. 113, § 24.
N.D. Cent. Code § 15-03-04.1 — ND Code / Title 15 / Chapter 15-03 / Section 15-03-04.1
15-03-04.1. Loan pool account
Status: in_force

15-03-04.1. Loan pool account

There is hereby created in the Bank of North Dakota a loan pool account. The board of

university and school lands may purchase first mortgage farm loans made in accordance with

this chapter from the Bank of North Dakota. All purchased farm loans must be managed and

serviced by the Bank of North Dakota. The loans must be credited to the loan pool account and

the investments, repayments, interest, and income must be credited to the various land

department trust funds in the proportion that each participates therein. The loan pool account

shall consist of current loans whenever possible. The board may authorize the Bank of North

Dakota to renegotiate the mortgages in the loan pool account, including debt restructuring and

reamortization, so long as the renegotiation is consistent with sound banking practices and the

rules, regulations, and guidelines of the board. In the event foreclosures are necessary, the

Bank of North Dakota shall handle foreclosures in accordance with standard banking practices

and proceeds must be properly credited to the loan pool account and income accounts. The

Bank of North Dakota shall charge such fee for the management of each loan as the Bank of

North Dakota and the board of university and school lands shall agree. Such fee may only be

deducted from interest payments received on loans. Loans purchased by the board of university

and school lands may have originated in the Bank of North Dakota or other financial institutions.

The Bank of North Dakota shall certify that all loans purchased by the board of university and

school lands are first mortgages and that there are no prior judgments, mortgages, liens, or

other encumbrances against the security for such first mortgages.
N.D. Cent. Code § 15-08.1-01 — ND Code / Title 15 / Chapter 15-08.1 / Section 15-08.1-01
15-08.1-01. Declaration of policy and intent
Status: in_force

15-08.1-01. Declaration of policy and intent

It is declared to be the policy and intent of this state to provide for proper and economic

management of its lands. Therefore, certain possessory interests in real property acquired by

the state of North Dakota in the past or in the future shall be transferred to the board of

university and school lands in trust for the state of North Dakota in accordance with this chapter.

Lands managed pursuant to this chapter are not subject to the leasing and sale provisions

found elsewhere in this code.
N.D. Cent. Code § 15-11-27 — ND Code / Title 15 / Chapter 15-11 / Section 15-11-27
15-11-27. Transfer of license of university radio station authorized
Status: repealed

15-11-27. Transfer of license of university radio station authorized

Repealed by S.L. 2001, ch. 162, § 7.
N.D. Cent. Code § 15-10-01 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-01
15-10-01. State board of higher education - Institutions administered by board
Status: in_force

15-10-01. State board of higher education - Institutions administered by board

The state board of higher education shall have the control and administration of the

following state educational institutions:

1. The state university and the school of mines at Grand Forks, with their substations.

2. The North Dakota state university of agriculture and applied science and the

agricultural experiment station at Fargo, with their substations or centers.

3. The school of science at Wahpeton.

4. The Valley City state university, Mayville state university, Minot state university, and

Dickinson state university.

5. The following colleges: Bismarck state college, Dakota college at Bottineau, Lake

Region state college, and Williston state college.

6. And such other state institutions of higher education as may be established.
N.D. Cent. Code § 15-10-71 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-71
15-10-71. State commissioner of higher education - Higher education trends - Report to legislative management
Status: in_force

15-10-71. State commissioner of higher education - Higher education trends - Report

to legislative management.

The state commissioner of higher education shall provide an annual report to the legislative

management regarding trends in higher education, including state and regional student

enrollment, North Dakota university system institution reserves, state and regional tuition rates,

state and regional student financial assistance, and the North Dakota university system's

response to the trends and changes, including new or expanded educational programs, closed

programs, and future budget requests.
N.D. Cent. Code § 15-55-16 — ND Code / Title 15 / Chapter 15-55 / Section 15-55-16
15-55-16. Bond issues - Amounts and purposes (1957)
Status: in_force

15-55-16. Bond issues - Amounts and purposes (1957)

Omitted.
N.D. Cent. Code § 15-63-03 — ND Code / Title 15 / Chapter 15-63 / Section 15-63-03
15-63-03. Number and nature of scholarships
Status: in_force

15-63-03. Number and nature of scholarships

The state board for Native American scholarships shall provide scholarships each year for

resident members of federally recognized Indian tribes to attend any accredited institution of

higher learning or accredited career and technical education program with a physical presence

in this state upon compliance with all requirements for admission and to pursue any course or

courses offered in such institutions or programs.
N.D. Cent. Code § 15-18.1-18 — ND Code / Title 15 / Chapter 15-18.1 / Section 15-18.1-18
15-18.1-18. Required national council for state authorization reciprocity agreements membership - Exemption
Status: in_force

15-18.1-18. Required national council for state authorization reciprocity agreements

membership - Exemption.

1. A postsecondary educational institution offering distance education programs to

students in North Dakota must be a member of the national council for state

authorization reciprocity agreements and comply with the requirements of the council.

Institutions must adhere to all standards, policies, and fees established by the national

council for state authorization reciprocity agreements for membership and

participation, including reporting requirements, quality standards, and consumer

protection measures.

2. A postsecondary educational institution that is ineligible to participate in national

council for state authorization reciprocity agreements due to composite score

requirements is exempt from the requirements under subsection 1 if the

postsecondary educational institution:

a. Is an eligible participant in student financial aid programs under title IV of the

Higher Education Act of 1965 [Pub. L. 89-329; 79 Stat. 1219; 20 U.S.C. 1001

et seq.]; and

b. At the institution level, has a financial responsibility score calculated by an

independent auditor using the methodology prescribed by the United States

department of education greater than one and one-half.

3. The state board of higher education shall adopt a policy to implement this section,

which may include a fee.
N.D. Cent. Code § 15-39.2-04.1 — ND Code / Title 15 / Chapter 15-39.2 / Section 15-39.2-04.1
15-39.2-04.1. Beneficiaries of deceased college teachers
Status: in_force

15-39.2-04.1. Beneficiaries of deceased college teachers

If a college teacher who is eligible to make the election provided by this chapter dies prior to

receiving an annuity, the college teacher's designated beneficiary may elect to receive a

monthly annuity computed according to the provisions of this chapter in a manner which the

deceased teacher's annuity would have been computed if the deceased teacher had lived,

made such an election, and selected option one as outlined in section 15-39.1-16. The

designated beneficiary of a college teacher who exercised the election in section 15-10-17 is not

eligible for benefits provided in this section.
N.D. Cent. Code § 15-72-05 — ND Code / Title 15 / Chapter 15-72 / Section 15-72-05
15-72-05. Continuing appropriation for trust management
Status: in_force

15-72-05. Continuing appropriation for trust management

There is appropriated annually the amounts necessary to pay expenses for assets held in

trust under this chapter and managed by the board of university and school lands, including

expenses for survey costs, surface lease refunds, weed and insect control, cleanup costs,

capital improvement rent credits, in lieu of tax payments, or other expenses necessary to

manage, preserve, and enhance the value of trust assets, as determined by the board.

Payments under this section must be made from the trust fund account for which the asset is

held. Upon completion of all reclamation activities and obligations, all remaining assets held by

the coal mine reclamation trust must be transferred to the common schools trust fund.
N.D. Cent. Code § 15-10-12.1 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-12.1
15-10-12.1. Acceptance of buildings and campus improvements - Legislative approval
Status: in_force

15-10-12.1. Acceptance of buildings and campus improvements - Legislative

approval.

The state board of higher education may authorize campus improvements and building

maintenance on land under the control of the board which are financed by donations, gifts,

grants, and bequests if the cost of the improvement or building maintenance is not more than

seven hundred thousand dollars. The consent of the legislative assembly is required for

construction of any building or any addition to a building on land under the control of the board

which is financed by donations, gifts, grants, and bequests. The consent of the legislative

assembly is required for campus improvements or building maintenance financed by donations,

gifts, grants, and bequests if the cost of the improvements or maintenance is more than seven

hundred thousand dollars. During the time the legislative assembly is not in session, except for

the three months preceding the convening of a regular session and the three months following

the close of a regular session, and unless otherwise restricted by previous legislative action or

other law, the budget section may authorize the use of land under the control of the board and

construct buildings financed by donations, gifts, grants, and bequests and campus

improvements and building maintenance financed by donations, gifts, grants, and bequests if

the cost of the improvement or maintenance is more than seven hundred thousand dollars. Any

project request submitted to the budget section for the construction of a building financed by

donations, gifts, grants, and bequests must include the removal of a building or buildings with an

equivalent or greater total number of square feet compared to the proposed building. The

budget section approval must comply with section 54-35-02.9 and must include a specific dollar

limit for each building, campus improvement project, or maintenance project. The state board of

higher education may authorize the sale of any real property or buildings which an institution of

higher learning has received by gift or bequest. The board shall prescribe such conditions for

the sale of the property as it determines necessary. The conditions must include requiring an

appraisal and public auction or advertisement for bids, unless the gift instrument requires a

different process. If the state board of higher education submits a request for campus

improvements, building maintenance, or to construct buildings under this section to the budget

section for approval, the legislative council shall notify each member of the legislative assembly

of the date of the budget section meeting at which the request will be considered and provide a

copy of the meeting agenda to each member of the legislative assembly. The chairman of the

budget section shall allow any member of the legislative assembly an opportunity to present

testimony to the budget section regarding any such request.
N.D. Cent. Code § 15-20.1-13 — ND Code / Title 15 / Chapter 15-20.1 / Section 15-20.1-13
15-20.1-13. Administration of vocational rehabilitation
Status: repealed

15-20.1-13. Administration of vocational rehabilitation

Repealed by S.L. 1973, ch. 383, § 17.
N.D. Cent. Code § 15-12-16 — ND Code / Title 15 / Chapter 15-12 / Section 15-12-16
15-12-16. Economic maps to be published
Status: repealed

15-12-16. Economic maps to be published

Repealed by S.L. 1999, ch. 157, § 4.
N.D. Cent. Code § 15-10-51 — ND Code / Title 15 / Chapter 15-10 / Section 15-10-51
15-10-51. Grant review committee
Status: in_force

15-10-51. Grant review committee

1. There is created a grant review committee consisting of:

a. The governor, or the governor's designee, who shall serve as the chairman;

b. Two members of the house of representatives appropriations committee, selected

by the majority leader of the house of representatives;

c. Two members of the senate appropriations committee, selected by the majority

leader of the senate;

d. Two members appointed by the governor, with the consent of the legislative

management; and

e. Two members appointed by the state board of higher education, with the consent

of the legislative management.

2. The gubernatorial appointees must have an understanding of higher education's role in

advancing agriculture, the arts, commerce and finance, manufacturing, mineral

extraction, natural resources, and the professions.

3. The grant review committee shall establish its rules of operation and procedure and

shall develop and publish the criteria upon which all requests for matching grants will

be reviewed.

4. a. A request for a matching grant may be presented to the committee by:

(1) The president of the institution; or

(2) A designee of the president.

b. Either presenter may be accompanied by other individuals having an expertise

with respect to the project.

c. If the request is to be presented by a designee of a president, the designee must

provide to the committee a written statement signed by the president and

certifying that the president has full knowledge of all aspects of the request, as it

is presented.
N.D. Cent. Code § 15-04-14 — ND Code / Title 15 / Chapter 15-04 / Section 15-04-14
15-04-14. Failure to lease lands after advertisement - Board may make rental contracts
Status: in_force

15-04-14. Failure to lease lands after advertisement - Board may make rental

contracts.

If any of the lands in any county remain unleased after the date advertised for the leasing,

the board of university and school lands may make contracts of lease for the lands with the first

applicant therefor at not less than the minimum price fixed by the board as provided in this

chapter.
N.D. Cent. Code § 15-11-22 — ND Code / Title 15 / Chapter 15-11 / Section 15-11-22
15-11-22. State university alumni building - Construction on campus - Power of state board of higher education
Status: in_force

15-11-22. State university alumni building - Construction on campus - Power of state

board of higher education.

The alumni association of the university of North Dakota, a corporation, with the advice and

consent of the state board of higher education, may select a space and plat of ground upon the

campus of the university, not exceeding three hundred feet [91.44 meters] in length and one

hundred fifty feet [45.72 meters] in width, for the purpose of erecting and maintaining thereon an

alumni building by the alumni association, to cost not less than seventy-five thousand dollars.
N.D. Cent. Code § 15-52-16 — ND Code / Title 15 / Chapter 15-52 / Section 15-52-16
15-52-16. Qualifications of loan applicants
Status: in_force

15-52-16. Qualifications of loan applicants

An applicant is deemed qualified only if the applicant:

1. Meets the criteria as a resident for tuition purposes as defined by section 15-10-19.1;

and

2. Is enrolled as a medical student of the university of North Dakota school of medicine

and health sciences or can present to the university satisfactory proof that the

applicant is enrolled as a student of a school of dentistry accredited by the commission

on dental accreditation, or will be enrolled upon payment of tuition.
N.D. Cent. Code § 15-05-19 — ND Code / Title 15 / Chapter 15-05 / Section 15-05-19
15-05-19. Appropriation for lease expenses - Continuing appropriation
Status: in_force

15-05-19. Appropriation for lease expenses - Continuing appropriation

There is appropriated annually the amounts necessary to pay expenses for minerals

controlled by the board of university and school lands, including appraisal fees, consulting fees,

refunds, and expenses determined by the board as necessary to manage, preserve, and

enhance the value of the trust asset. Each payment must be made from the trust fund for which

the land is held.