Title 1 - General Provisions
Chapter 1-01 - General Principles and Definitions
| Section |
Section Name |
| 1-01-01 |
This act ‑ How referred to |
| 1-01-01.1 |
Adoption of North Dakota Revised Code of 1943 |
| 1-01-01.2 |
Adoption of code not repeal of laws passed in 1944 Special Session |
| 1-01-02 |
Origin of law |
| 1-01-03 |
Expression of law |
| 1-01-04 |
Common law divided |
| 1-01-05 |
Evidence of common law |
| 1-01-06 |
Code excludes common law |
| 1-01-07 |
Classification of civil rights |
| 1-01-08 |
Rights of property and person ‑ How waived |
| 1-01-09 |
Word defined by statute always has same meaning |
| 1-01-10 |
Quorum |
| 1-01-11 |
Authority of deputies |
| 1-01-12 |
Variation from prescribed form |
| 1-01-13 |
Numerals |
| 1-01-14 |
Degrees of care |
| 1-01-15 |
Degrees of care and diligence ‑ Definition |
| 1-01-16 |
Degrees of negligence |
| 1-01-17 |
Degrees of negligence ‑ Definition |
| 1-01-18 |
Children ‑ Definition |
| 1-01-19 |
Debtor and creditor ‑ Definition |
| 1-01-20 |
Valuable consideration ‑ Definition |
| 1-01-21 |
Good faith ‑ Definition |
| 1-01-22 |
Notice ‑ Classification |
| 1-01-23 |
Actual notice ‑ Definition |
| 1-01-24 |
Constructive notice ‑ Definition |
| 1-01-25 |
What deemed constructive notice |
| 1-01-26 |
False notice cannot become valid |
| 1-01-27 |
Paper ‑ Definition |
| 1-01-28 |
Person ‑ Definition |
| 1-01-29 |
Several ‑ Definition |
| 1-01-30 |
Third persons ‑ Definition |
| 1-01-31 |
Usage ‑ Definition |
| 1-01-32 |
Usual and customary ‑ Definition |
| 1-01-33 |
Year ‑ Month ‑ Week ‑ Definition ‑ Fraction of day disregarded |
| 1-01-34 |
Gender ‑ Definition |
| 1-01-35 |
Singular ‑ Definition |
| 1-01-35.1 |
Tense |
| 1-01-36 |
Compound interest ‑ Definition |
| 1-01-37 |
Written and printed ‑ Definition |
| 1-01-38 |
Seal ‑ Definition |
| 1-01-39 |
When this code governs |
| 1-01-40 |
Coal ‑ Definition |
| 1-01-41 |
Verdict ‑ Definition |
| 1-01-42 |
Verified ‑ Definition |
| 1-01-43 |
State on Mountain Time until return of United States to Standard Time |
| 1-01-44 |
Successive weeks construed |
| 1-01-45 |
Corporate surety ‑ Definition |
| 1-01-46 |
Decree ‑ Definition |
| 1-01-47 |
Population ‑ Definition |
| 1-01-48 |
Division of child welfare ‑ Definition |
| 1-01-49 |
Other general definitions |
| 1-01-50 |
Filing or presentation of petitions ‑ Time limit |
| 1-01-51 |
Qualified elector defined |
Chapter 1-02 - Rules of Interpretation
| Section |
Section Name |
| 1-02-01 |
Rule of construction of code |
| 1-02-02 |
Words to be understood in their ordinary sense |
| 1-02-03 |
Language ‑ How construed |
| 1-02-03.1 |
Person‑first language |
| 1-02-04 |
Conflict in expression of numbers |
| 1-02-05 |
Construction of unambiguous statute |
| 1-02-06 |
Clerical and typographical errors |
| 1-02-06.1 |
Journal entry rule ‑ Presumption of validity of legislation |
| 1-02-07 |
Particular controls general |
| 1-02-08 |
Conflicting provisions found in the same statute |
| 1-02-09 |
Irreconcilable statutes or constitutional amendments passed during the same session |
| 1-02-09.1 |
Multiple amendments to the same provision, one without reference to the other |
| 1-02-09.2 |
Reconciliation of conflicting proposed amendments to the constitution |
| 1-02-10 |
Code not retroactive unless so declared |
| 1-02-11 |
Source note not part of statute |
| 1-02-12 |
Caption, cross‑reference note, and source note |
| 1-02-13 |
Uniform laws interpreted to effect purpose |
| 1-02-14 |
Majority power |
| 1-02-15 |
Computation of time |
| 1-02-16 |
Repeal does not revive act previously repealed |
| 1-02-17 |
Repeal ‑ Effect |
| 1-02-18 |
Pending actions or proceedings not affected by code |
| 1-02-19 |
Effect upon former laws ‑ Repeals |
| 1-02-20 |
Severability |
| 1-02-21 |
Office held under provisions repealed by this code to be retained ‑ Exceptions |
| 1-02-22 |
Effect when office abolished |
| 1-02-23 |
Limitations ‑ How reckoned |
| 1-02-24 |
Time for performance of act ‑ How computed |
| 1-02-25 |
Continuations of existing statutes |
| 1-02-26 |
Effect of revision upon initiated measures |
| 1-02-27 |
Conflicts adjusted |
| 1-02-28 |
Benefit of provisions of law may be waived |
| 1-02-29 |
Repeal of incorporating law does not dissolve existing corporation or limited liability company |
| 1-02-30 |
Vested rights protected |
| 1-02-31 |
Existing boundaries to remain after code takes effect |
| 1-02-32 |
Existing ordinances and regulations to remain in force after code takes effect |
| 1-02-33 |
Statutes which shall be deemed subsequent to code |
| 1-02-33.1 |
Section 1‑02‑33 not applicable to laws enacted in 1943 session |
| 1-02-34 |
Pendency and transfer of actions and proceedings |
| 1-02-35 |
Date of taking effect of code |
| 1-02-36 |
Registered or certified mail |
| 1-02-37 |
Citations |
| 1-02-38 |
Intentions in the enactment of statutes |
| 1-02-39 |
Aids in construction of ambiguous statutes |
| 1-02-40 |
Statutory references |
| 1-02-41 |
References to a series |
| 1-02-42 |
Effective dates of legislation ‑ Rules of construction |
Chapter 1-03 - Holidays
Chapter 1-04 - Validation of Instruments
| Section |
Section Name |
| 1-04-01 |
Execution, acknowledgment, filing, and recording legalized |
| 1-04-02 |
Acts of executors, administrators, deputies, officers, or attorneys in fact legalized |
| 1-04-03 |
Acts of notary public and other officers legalized |
| 1-04-04 |
Good faith presumed |
| 1-04-05 |
Prior instruments legalized |
| 1-04-06 |
Instruments affecting real or personal property by representative legalized |
| 1-04-07 |
Assignment of mortgage by foreign executor, administrator, or guardian |
| 1-04-08 |
Deed to real property by receiver of foreign corporation |
| 1-04-09 |
Curing defects in title to real property |
| 1-04-10 |
Deeds, judgments, decrees, mortgage foreclosures, and other transfers legalized |
| 1-04-11 |
Issuance of sheriff's deed pursuant to decree of court |
| 1-04-12 |
Separate deeds of husband and wife to same property legalized |
| 1-04-13 |
Validating deed or mortgage |
| 1-04-14 |
Validation of mineral reservations and deeds |
| 1-04-15 |
Validation of oil and gas leases adopted by board of county commissioners prior to July 1, 1941 |
| 1-04-16 |
Validation of oil and gas leases made by executor, administrator, or guardian prior to March 7, 1941 |
| 1-04-17 |
Validation of oil and gas leases adopted by governing body of township, city, school district, or park district |
| 1-04-18 |
Validating certain mineral deeds |
| 1-04-19 |
Validation of conveyances made under decree of specific performance |
| 1-04-20 |
Validating transfers in joint tenancy |
| 1-04-21 |
Validation of acknowledgments heretofore taken |
| 1-04-22 |
Validating deed or mortgage |
Chapter 1-05 - Validation of Execution and Foreclosure Sales
| Section |
Section Name |
| 1-05-01 |
Delayed recording ‑ Sheriff's certificate of sale validates |
| 1-05-02 |
Validation of powers of attorney |
| 1-05-03 |
Validation of foreclosure ‑ Assignment unrecorded |
| 1-05-04 |
Validation of foreclosure of mortgage by foreign executor, administrator, or guardian |
| 1-05-05 |
Validating foreclosure when proceedings defective |
| 1-05-06 |
Action to set aside mortgage foreclosure ‑ Time limitation |
| 1-05-07 |
Validation of foreclosure sale without notice of intention |
Chapter 1-06 - Validation of Official Acts
| Section |
Section Name |
| 1-06-01 |
Validating certain city elections |
| 1-06-02 |
Validation of acts of board of county commissioners and state highway commission |
| 1-06-03 |
Validation of acts of state water commission |
| 1-06-04 |
Validating organization and acts of irrigation districts |
| 1-06-05 |
Municipal transfers validated |
| 1-06-06 |
Improvement district proceedings validated |
| 1-06-07 |
Validation of documents executed with facsimile signatures |
Chapter 1-07 - Validation of Municipal Securities
| Section |
Section Name |
| 1-07-01 |
Definitions |
| 1-07-02 |
Validation of bonds issued in financing project under federal emergency administration of public works |
| 1-07-03 |
Validation of proceedings in financing project under federal emergency administration of public works |
| 1-07-04 |
Procedure on public securities of municipalities validated |
| 1-07-05 |
Validation of elections on bond issues for municipal sewer and water systems |
| 1-07-06 |
Validating sales of lands for special assessments made prior to March 17, 1937 |
| 1-07-07 |
Validating proceedings by county funding and refunding indebtedness |
| 1-07-08 |
Validation of acts of municipal officers |
| 1-07-09 |
Validation of bonds and warrants of municipality for electric plant |
| 1-07-10 |
Validating county poor relief warrants and levies |
| 1-07-11 |
Limitations on validation of poor relief warrants and levies |
| 1-07-12 |
Validation of tax levies for payment of poor relief warrants |
| 1-07-13 |
Validating refunding special assessment warrants |
| 1-07-14 |
Previous validating acts not repealed |
Chapter 1-08 - Miscellaneous
| Section |
Section Name |
| 1-08-01 |
Validating legal publications |
| 1-08-02 |
Authority for devises, bequests, legacies, and gifts to state institutions |
| 1-08-03 |
Validating devises, bequests, legacies, and gifts to state institutions |
| 1-08-04 |
Authorizing state and counties, cities, and other municipalities to accept devises, bequests, legacies, and gifts |
| 1-08-04.1 |
State property having historical or artistic significance ‑ Responsibilities of state historical society and council on the arts ‑ Review and advice on property for exhibition |
| 1-08-05 |
Validating proceedings of a corporation by two‑thirds vote |
| 1-08-06 |
Validation of certain sales |
| 1-08-07 |
Validation of flood irrigation proceedings |
| 1-08-08 |
Validation of land titles acquired by corporations before March 7, 1935 |
| 1-08-09 |
Service of civil process within boundary of an open polling place |
| 1-08-10 |
Acceptance by North Dakota of cession of property by Minnesota |
| 1-08-11 |
Acceptance by North Dakota of cession of property by Minnesota |
| 1-08-12 |
Alternative methods of signing, subscribing, or verifying documents filed by electronic means |
Title 2 - Aeronautics
Chapter 2-01 - Regulation [Repealed]
Chapter 2-02 - Airports and Landing Fields
| Section |
Section Name |
| 2-02-01 |
Authority to acquire, operate, and regulate airports |
| 2-02-02 |
Property ‑ How acquired |
| 2-02-03 |
Purchase price ‑ How paid ‑ Bond issue |
| 2-02-04 |
Air rights ‑ How acquired |
| 2-02-05 |
Rights for marking fields ‑ How acquired |
| 2-02-06 |
Authority to construct, operate, regulate, or lease airports |
| 2-02-07 |
Authority to raise money by taxation and use airport income |
| 2-02-08 |
Police power outside geographic limits |
| 2-02-09 |
Authorization for airport liability insurance ‑ Exceptions |
Chapter 2-03 - Substantive and Jurisdictional Provisions
| Section |
Section Name |
| 2-03-01 |
Definitions |
| 2-03-02 |
Sovereignty in space |
| 2-03-03 |
Ownership of space |
| 2-03-04 |
Lawfulness of flight and landing |
| 2-03-05 |
Damage to persons and property |
| 2-03-06 |
Collision of aircraft |
| 2-03-07 |
Aircraft ‑ Common carriers |
| 2-03-08 |
Jurisdiction over crimes and torts |
| 2-03-09 |
Jurisdiction over contracts |
| 2-03-10 |
Reckless operation ‑ Operation while intoxicated ‑ Tampering with aircraft ‑ Misdemeanors ‑ Penalties |
| 2-03-11 |
Notice |
| 2-03-12 |
Obstructions near runway approaches |
| 2-03-13 |
Penalty |
| 2-03-14 |
Civil liability for injuries to guest passenger |
Chapter 2-04 - Airport Zoning
| Section |
Section Name |
| 2-04-01 |
Definitions |
| 2-04-02 |
Airport hazards contrary to public interest |
| 2-04-03 |
Power to adopt airport zoning regulations |
| 2-04-04 |
Relation to comprehensive zoning regulations |
| 2-04-05 |
Procedure for adoption of zoning regulations |
| 2-04-06 |
Airport zoning requirements |
| 2-04-07 |
Permits and variances |
| 2-04-08 |
Appeals |
| 2-04-09 |
Administration of airport zoning regulations |
| 2-04-10 |
Board of adjustment |
| 2-04-11 |
Judicial review |
| 2-04-12 |
Enforcement and remedies |
| 2-04-13 |
Acquisition of air rights |
| 2-04-14 |
Short title |
Chapter 2-05 - Aeronautics Commission
| Section |
Section Name |
| 2-05-01 |
Aeronautics commission ‑ Creation ‑ Membership |
| 2-05-02 |
Director of aeronautics ‑ Appointment ‑ Qualifications ‑ Compensation |
| 2-05-03 |
Powers and duties of director |
| 2-05-04 |
Commission reports ‑ Offices |
| 2-05-05 |
Duty of commission in development of aeronautics |
| 2-05-06 |
Federal aid |
| 2-05-06.1 |
Authorization to accept federal or other moneys |
| 2-05-06.2 |
Designation of aeronautics commission as agent |
| 2-05-06.3 |
Contracts |
| 2-05-06.4 |
Declaration of purpose ‑ Financial assistance to airports |
| 2-05-06.5 |
State assistance for airports |
| 2-05-07 |
State airways system |
| 2-05-08 |
Rules, regulations, standards |
| 2-05-09 |
Reckless operation of aircraft |
| 2-05-10 |
Registration of airmen |
| 2-05-11 |
Aircraft registration ‑ Fees |
| 2-05-11.1 |
Definitions |
| 2-05-11.2 |
Permanent registration of certain older aircraft |
| 2-05-11.3 |
Fee for a permanent registration ‑ Issuance of registration decal ‑ Disposition of fee |
| 2-05-12 |
Licensing of air schools and aeronautics instructors |
| 2-05-13 |
Investigations, hearings |
| 2-05-14 |
Enforcement of aeronautics laws |
| 2-05-15 |
Common carrier certificate required |
| 2-05-15.1 |
Bond required |
| 2-05-16 |
Filing of tariffs required |
| 2-05-17 |
Penalty |
| 2-05-18 |
License for aerial spraying ‑ Fees ‑ Rules ‑ Penalty |
| 2-05-19 |
Cease and desist orders |
| 2-05-20 |
Assessment of civil money penalties |
| 2-05-21 |
Anemometer towers ‑ Definitions ‑ Penalty |
| 2-05-22 |
Aeronautics commission special fund |
| 2-05-23 |
Airport infrastructure fund |
Chapter 2-06 - Airport Authorities Act
| Section |
Section Name |
| 2-06-01 |
Definitions |
| 2-06-01.1 |
Aeronautics commission may exercise powers of airport authority ‑ Exceptions |
| 2-06-01.2 |
Airport operation and income |
| 2-06-02 |
Creation of municipal airport authority ‑ Dissolution |
| 2-06-03 |
Regional airport authority creation or expansion ‑ Dissolution |
| 2-06-04 |
Certificate of incorporation of regional airport authority |
| 2-06-05 |
Proof of existence of authority |
| 2-06-06 |
Commissioners ‑ Compensation ‑ Meetings ‑ Officers |
| 2-06-07 |
General powers of an authority |
| 2-06-08 |
Eminent domain |
| 2-06-09 |
Disposal of airport property |
| 2-06-10 |
Bonds and other obligations |
| 2-06-11 |
Operation and use privileges |
| 2-06-12 |
Regulations |
| 2-06-13 |
Federal and state aid |
| 2-06-14 |
Tax levy may be requested by airport authority or municipality - Financial report |
| 2-06-15 |
Tax levy by county, city, or township for airport or airport authority purposes |
| 2-06-16 |
Joint operations |
| 2-06-17 |
Public purpose |
| 2-06-18 |
Airport property and income exempt from taxation |
| 2-06-19 |
Municipal cooperation |
| 2-06-20 |
Out‑of‑state airport jurisdiction authorized ‑ Reciprocity with adjoining states and governmental agencies |
| 2-06-21 |
Supplemental authority |
| 2-06-22 |
Zoning |
| 2-06-23 |
Short title |
Chapter 2-07 - Weather Modification [Repealed]
Chapter 2-08 - Aircraft and Ultralight Vehicle Dealers
| Section |
Section Name |
| 2-08-01 |
Definitions |
| 2-08-02 |
Exemption |
| 2-08-03 |
Aircraft dealer's license ‑ Fees ‑ Dealer's place of business |
| 2-08-04 |
Ultralight vehicle dealer's license ‑ Fees ‑ Dealer's place of business |
| 2-08-05 |
Dealers to furnish information to director of aeronautics commission |
| 2-08-06 |
Examination of books and records |
| 2-08-07 |
Powers of the aeronautics commission |
| 2-08-08 |
Grounds for denial, suspension, cancellation, or revocation of dealer's license |
| 2-08-09 |
Dealer permitting license to be used by another dealer ‑ License revoked |
| 2-08-10 |
Officers to administer chapter |
| 2-08-11 |
Penalty for violation of chapter |
Title 3 - Agency
Chapter 3-01 - Creation and Termination of Agency
| Section |
Section Name |
| 3-01-01 |
Definition |
| 3-01-02 |
General and special agent defined |
| 3-01-03 |
Actual and ostensible agency defined |
| 3-01-04 |
Who may appoint an agent ‑ Who may be agent |
| 3-01-05 |
Authorization to agent |
| 3-01-06 |
How agency created |
| 3-01-07 |
No consideration necessary |
| 3-01-08 |
Ratification of agency ‑ How made ‑ Extent |
| 3-01-09 |
Retroactive ratification limited |
| 3-01-10 |
Rescission of ratification |
| 3-01-11 |
Termination of agency |
Chapter 3-02 - Principal and Agent Relation
| Section |
Section Name |
| 3-02-01 |
Acts done by or to agent |
| 3-02-02 |
Actual or ostensible authority |
| 3-02-03 |
Agent authority |
| 3-02-04 |
Authority limited to specific terms |
| 3-02-05 |
General authority limited |
| 3-02-06 |
Form of authorization |
| 3-02-07 |
Fraud limits authority |
| 3-02-08 |
Authority to do necessary acts and make representations |
| 3-02-09 |
When agent may disobey instructions |
| 3-02-10 |
Authority to warrant property sold |
| 3-02-11 |
Authority of general and special agent to receive price |
| 3-02-12 |
Agent must inform principal ‑ Not exceed authority |
| 3-02-13 |
When agent can delegate powers |
| 3-02-14 |
Lawful subagent principal's agent |
| 3-02-15 |
Responsibility of mere agent or unauthorized subagent |
| 3-02-16 |
Duty of agent as collector of negotiable instrument |
| 3-02-17 |
Limitation of duties of licensed real estate agents |
Chapter 3-03 - Principal and Third Person Relation
| Section |
Section Name |
| 3-03-01 |
Rights and liabilities accruing to principal |
| 3-03-02 |
Principal bound when agent exceeds authority |
| 3-03-03 |
When ostensible authority binding |
| 3-03-04 |
Instrument within scope of authority binding |
| 3-03-05 |
Notice to principal or agent |
| 3-03-06 |
Incomplete execution of authority |
| 3-03-07 |
Credit to agent ‑ Principal exonerated |
| 3-03-08 |
Setoff against agent |
| 3-03-09 |
Negligence of agent |
Chapter 3-04 - Agent and Third Person Relation
| Section |
Section Name |
| 3-04-01 |
Agent warrants authority |
| 3-04-02 |
When agent liable as principal |
| 3-04-03 |
Surrender of property adversely claimed |
Chapter 3-05 - Auctioneers
| Section |
Section Name |
| 3-05-01 |
Authority from seller |
| 3-05-02 |
Authority to bind both parties |
Chapter 3-06 - Factors
| Section |
Section Name |
| 3-06-01 |
Definition |
| 3-06-02 |
Authority of factors |
| 3-06-03 |
Ostensible authority of factor |
| 3-06-04 |
Must obey instructions ‑ Exception |
| 3-06-05 |
Liability under guaranty commission |
| 3-06-06 |
Relieved of liability by consent only |
Title 4 - Agriculture
Chapter 4-01 - Agriculture Commissioner [Repealed]
Chapter 4-02 - Agricultural Fair Associations [Repealed]
Chapter 4-02.1 - State Fair Association [Repealed]
Chapter 4-03 - North Dakota Corn Show [Repealed]
Chapter 4-04 - Farmers' Institutes [Repealed]
Chapter 4-05 - Experiment Stations [Repealed]
Chapter 4-05.1 - Agricultural Experiment Station and Agricultural Research [Repealed]
Chapter 4-06 - Cooperatives [Repealed]
Chapter 4-07 - Cooperative Marketing Law [Repealed]
Chapter 4-08 - County Agent [Repealed]
Chapter 4-09 - State Seed Department [Repealed]
Chapter 4-09.1 - Inspections and Grading of Agricultural Commodities [Repealed]
Chapter 4-10 - Inspection and Grading of Potatoes and Other Produce [Repealed]
Chapter 4-10a - Potato Improvement, Marketing, and Advertising [Unconstitutional]
Chapter 4-10.1 - Potato Industry Promotion Act [Repealed]
Chapter 4-10.2 - Oilseed Industry Promotion [Repealed]
Chapter 4-10.3 - Dry Bean Industry Promotion [Repealed]
Chapter 4-10.4 - Barley [Repealed]
Chapter 4-10.5 - Soybean Council [Repealed]
Chapter 4-10.6 - Corn Industry Promotion [Repealed]
Chapter 4-10.7 - Dry Pea and Lentil Council [Repealed]
Chapter 4-11 - Regulation of Wholesale Potato Dealers [Repealed]
Chapter 4-11.1 - Potato Production Contracts [Repealed]
Chapter 4-12 - Bees [Repealed]
Chapter 4-12.1 - Honey Promotion Act [Repealed]
Chapter 4-12.2 - Beekeeping [Repealed]
Chapter 4-12.3 - Alfalfa Leafcutter Bees [Repealed]
Chapter 4-13 - Poultry [Repealed]
Chapter 4-13.1 - Turkey Promotion Act [Repealed]
Chapter 4-13.2 - Poultry Division [Repealed]
Chapter 4-14 - Unfair Discrimination in Purchase of Farm Products [Repealed]
Chapter 4-14.1 - Agriculturally Derived Fuel Tax Fund [Repealed]
Chapter 4-14.2 - Northern Crops Institute [Repealed]
Chapter 4-15 - Grasshoppers [Repealed]
Chapter 4-16 - Eradication of Gophers, Rabbits, and Crows [Repealed]
Chapter 4-17 - Dairy Department [Repealed]
Chapter 4-18 - Regulations Governing Dairy Products [Repealed]
Chapter 4-18a - Milk, Cream, and Liquid Milk Products [Repealed]
Chapter 4-18b - Filled Dairy Products [Repealed]
Chapter 4-18.1 - Milk Marketing Board [Repealed]
Chapter 4-19 - Forestry and Tree Distribution [Repealed]
Chapter 4-20 - Nurseries and Nursery Stock [Repealed]
Chapter 4-21 - Tree Bounty [Repealed]
Chapter 4-21.1 - Nurseries and Nursery Stock [Repealed]
Chapter 4-21.2 - Trees for North Dakota Program [Repealed]
Chapter 4-22 - Soil Conservation Districts Law [Repealed]
Chapter 4-23 - Agricultural Conservation and Adjustment Law [Repealed]
Chapter 4-24 - Miscellaneous [Repealed]
Chapter 4-25 - Seed Sales Regulations [Repealed]
Chapter 4-26 - Seed Potato Act [Repealed]
Chapter 4-27 - Dairy Promotion Commission [Repealed]
Chapter 4-28 - North Dakota State Wheat Commission [Repealed]
Chapter 4-28.1 - Flax Utilization Research Tax [Repealed]
Chapter 4-29 - Dairy Department [Repealed]
Chapter 4-30 - Dairy Products Regulations [Repealed]
Chapter 4-31 - Grasshopper Control Program [Repealed]
Chapter 4-32 - Interstate Pest Control Compact [Repealed]
Chapter 4-33 - Plant Pests [Repealed]
Chapter 4-34 - Beef Promotion Act [Repealed]
Chapter 4-35 - Pesticide Act [Repealed]
Chapter 4-35.1 - Chemigation Regulation [Repealed]
Chapter 4-35.2 - Pesticide and Pesticide Container Disposal [Repealed]
Chapter 4-36 - Agricultural Development Act [Repealed]
Chapter 4-37 - Agriculture in the Classroom [Repealed]
Chapter 4-38 - Organic Foods Standards [Repealed]
Chapter 4-39 - Cultivated Ginseng [Repealed]
Chapter 4-40 - Crop Protection Products [Repealed]
Chapter 4-41 - Industrial Hemp [Repealed]
Chapter 4-42 - Seeds and Crops Inspection and Analysis [Repealed]
Chapter 4-43 - Meatpacking Plant Assistance [Repealed]
Chapter 4-44 - Crop Insurance Proposal Development [Expired]
Title 4.1 - Agriculture
Chapter 4.1-01 - Agriculture Commissioner
| Section |
Section Name |
| 4.1-01-01 |
Definitions |
| 4.1-01-02 |
Salary of agriculture commissioner |
| 4.1-01-03 |
Compelling attendance of witnesses and production of books and papers |
| 4.1-01-04 |
Exhibits at fairs |
| 4.1-01-05 |
Cooperation with federal agencies in destruction of predatory animals, destructive birds, and injurious field rodents |
| 4.1-01-06 |
Expenditures authorized ‑ Who to approve vouchers ‑ Qualifications of hunters and trappers hired ‑ When bounties not payable |
| 4.1-01-07 |
Disposition of proceeds of furs, skins, and specimens taken |
| 4.1-01-08 |
Marketing bureau |
| 4.1-01-08.1 |
International business and trade office ‑ Advisory board ‑ Continuing appropriation |
| 4.1-01-09 |
Certified beef program |
| 4.1-01-10 |
Sustainably grown in North Dakota ‑ Application ‑ Logo ‑ Promotion of commodities |
| 4.1-01-11 |
Advisory committee on sustainable agriculture ‑ Creation ‑ Duties ‑ Powers ‑ Compensation ‑ Report to legislative management ‑ Continuing appropriation |
| 4.1-01-12 |
Commodity groups ‑ Agriculture commissioner ‑ Meetings |
| 4.1-01-13 |
Publicly owned land ‑ Noxious weed control or eradication |
| 4.1-01-14 |
Equine slaughter ‑ Establishments |
| 4.1-01-15 |
Agricultural wetland credits ‑ Database |
| 4.1-01-16 |
Grape and wine advisory committee ‑ Membership |
| 4.1-01-17 |
Pipeline restoration and reclamation oversight program ‑ Generally |
| 4.1-01-18 |
Federal environmental law impact review committee |
| 4.1-01-19 |
Environmental impact ‑ Cost of participation |
| 4.1-01-20 |
Gifts ‑ Grants ‑ Donations |
| 4.1-01-20.1 |
Bioscience innovation grant program ‑ Continuing appropriation |
| 4.1-01-21 |
Federal environmental law impact review fund ‑ Continuing appropriation - Investments |
| 4.1-01-21.1 |
Environmental impact mitigation fund ‑ Report to legislative management ‑ Continuing appropriation - Investments |
| 4.1-01-21.2 |
Low‑carbon fuels fund ‑ Continuing appropriation |
| 4.1-01-22 |
Agriculture in the classroom program |
| 4.1-01-23 |
Wind energy restoration and reclamation oversight program |
| 4.1-01-24 |
Livestock-friendly county designation |
| 4.1-01-25 |
Regional livestock development and planning program ‑ Grants |
| 4.1-01-26 |
Postproduction royalty oversight program ‑ Report |
| 4.1-01-27 |
Agriculture infrastructure grant program |
| 4.1-01-28 |
Model zoning review task force ‑ Report to the legislative management |
| 4.1-01-29 |
Farm management program |
| 4.1-01-30 |
Grasslands grazing grant program |
| 4.1-01-31 |
Conservation easement or leasehold |
Chapter 4.1-01.1 - Agricultural Products Utilization Commission
| Section |
Section Name |
| 4.1-01.1-01 |
Agricultural products utilization commission ‑ Composition ‑ Appointment |
| 4.1-01.1-02 |
Agricultural products utilization commission ‑ Authority |
| 4.1-01.1-03 |
Agricultural products utilization commission ‑ Meetings ‑ Personnel ‑ Reports |
| 4.1-01.1-04 |
Agricultural products utilization commission ‑ Reimbursement ‑ Compensation |
| 4.1-01.1-05 |
Agricultural products utilization commission ‑ Administrative expenses |
| 4.1-01.1-06 |
Agricultural products utilization fund ‑ Purposes |
| 4.1-01.1-07 |
Agriculture diversification and development fund ‑ Continuing appropriation (Effective through June 30, 2029) |
| 4.1-01.1-08 |
Agriculture diversification and development committee |
| 4.1-01.1-09 |
Agriculture diversification and development fund grants program ‑ Access to records |
Chapter 4.1-02 - Barley Council
Chapter 4.1-03 - Beef Commission
Chapter 4.1-04 - Corn Utilization Council
Chapter 4.1-05 - Dairy Promotion Commission
Chapter 4.1-06 - Dry Bean Council
Chapter 4.1-07 - Dry Pea and Lentil Council
Chapter 4.1-08 - Honey Assessments
Chapter 4.1-09 - Oilseed Council
Chapter 4.1-10 - Potato Council
Chapter 4.1-11 - Soybean Council
| Section |
Section Name |
| 4.1-11-01 |
Definitions |
| 4.1-11-02 |
Soybean districts ‑ Establishment ‑ Review of district lines |
| 4.1-11-03 |
North Dakota soybean council ‑ Membership ‑ Terms |
| 4.1-11-04 |
Election of county representative |
| 4.1-11-05 |
Election of council member ‑ District representative |
| 4.1-11-06 |
Election costs ‑ Responsibility |
| 4.1-11-07 |
Election of chairman ‑ Meetings |
| 4.1-11-08 |
Council members ‑ Compensation |
| 4.1-11-09 |
Council powers |
| 4.1-11-10 |
Council duties and reports |
| 4.1-11-11 |
Assessment |
| 4.1-11-12 |
Collection of assessment by designated handler ‑ Records |
| 4.1-11-13 |
Quarterly report ‑ Submission to council |
| 4.1-11-14 |
Submission of assessments ‑ Delinquent assessment |
| 4.1-11-15 |
Continuing appropriation ‑ Use of council funds |
| 4.1-11-16 |
Penalty |
Chapter 4.1-12 - Turkey Promotion
Chapter 4.1-13 - Wheat Commission
| Section |
Section Name |
| 4.1-13-01 |
Definitions |
| 4.1-13-02 |
Wheat districts ‑ Establishment |
| 4.1-13-03 |
Wheat commission ‑ Membership ‑ Eligibility |
| 4.1-13-04 |
Terms of office |
| 4.1-13-05 |
Election of county representative |
| 4.1-13-06 |
Election of district representative ‑ Commission member |
| 4.1-13-07 |
County representative ‑ Additional duties ‑ Reimbursement of expenses |
| 4.1-13-08 |
Election costs ‑ Responsibility |
| 4.1-13-09 |
Member at large ‑ Nominating commission ‑ Appointment by governor |
| 4.1-13-10 |
Commission vacancies |
| 4.1-13-11 |
Election of chairman ‑ Meetings |
| 4.1-13-12 |
Commission members ‑ Compensation |
| 4.1-13-13 |
Commission ‑ Powers |
| 4.1-13-14 |
Commission ‑ Duties |
| 4.1-13-15 |
Assessment |
| 4.1-13-16 |
Collection of assessment ‑ Records |
| 4.1-13-17 |
Submission of assessments |
| 4.1-13-18 |
Refund of assessment ‑ Form ‑ Exception |
| 4.1-13-19 |
Reimbursement for double payments |
| 4.1-13-20 |
Expenditure of funds |
| 4.1-13-21 |
Continuing appropriation |
| 4.1-13-22 |
Commission ‑ Report to legislative assembly |
| 4.1-13-23 |
Contract with trade associations |
| 4.1-13-24 |
Contract with trade associations ‑ Report to legislative assembly |
| 4.1-13-25 |
Legal counsel ‑ Provision by attorney general |
| 4.1-13-26 |
Penalty |
Chapter 4.1-14 - Forage Certification
| Section |
Section Name |
| 4.1-14-01 |
Certification of forage ‑ Compliance with other standards |
| 4.1-14-02 |
Agents of the commissioner ‑ Designation ‑ Training |
| 4.1-14-03 |
Reciprocal recognition of certification |
| 4.1-14-04 |
Fees ‑ Continuing appropriation |
Chapter 4.1-15 - Northern Crops Institute
| Section |
Section Name |
| 4.1-15-01 |
Northern crops institute ‑ Northern crops council ‑ Powers and duties ‑ Gifts and grants ‑ Continuing appropriation |
| 4.1-15-02 |
Northern crops council ‑ Duties ‑ Chairman ‑ Meetings |
| 4.1-15-03 |
Purpose ‑ Powers and duties |
| 4.1-15-04 |
Gifts and grants ‑ Continuing appropriation |
Chapter 4.1-16 - Beekeeping
| Section |
Section Name |
| 4.1-16-01 |
Definitions |
| 4.1-16-02 |
Beekeeper's license - Application - Declaration |
| 4.1-16-03 |
Beekeeper's license - Application of minor - Liability |
| 4.1-16-04 |
Beekeeper's license - Transferability - Expiration |
| 4.1-16-05 |
License - Grounds for denial |
| 4.1-16-06 |
License fee |
| 4.1-16-07 |
Colony assessment |
| 4.1-16-08 |
Apiary location - Notification |
| 4.1-16-09 |
Identification of apiary |
| 4.1-16-10 |
Unidentified apiary - Notice - Seizure |
| 4.1-16-11 |
Confiscation and disposal |
| 4.1-16-12 |
Agriculture commissioner - Powers |
| 4.1-16-13 |
Agriculture commissioner - Inspection of apiary - Issuance of certificate |
| 4.1-16-14 |
Agriculture commissioner - Inspection of apiary - Noncertification purposes |
| 4.1-16-15 |
Quarantine - Declaration - Hearing - Penalty |
| 4.1-16-16 |
Service of process |
| 4.1-16-17 |
Penalties |
| 4.1-16-18 |
Beekeeping - Agricultural practice |
Chapter 4.1-17 - Ginseng
| Section |
Section Name |
| 4.1-17-01 |
Ginseng - Rules - Certificates |
Chapter 4.1-18 - Industrial Hemp [Repealed]
Chapter 4.1-18.1 - Hemp
Chapter 4.1-19 - Eggs and Poultry
Chapter 4.1-20 - Soil Conservation
| Section |
Section Name |
| 4.1-20-01 |
Policy and scope of chapter |
| 4.1-20-02 |
Definitions |
| 4.1-20-03 |
State soil conservation committee ‑ Elective and appointive members ‑ Records and seal |
| 4.1-20-04 |
Committee ‑ Chairman ‑ Quorum ‑ Compensation |
| 4.1-20-05 |
Duties and powers generally |
| 4.1-20-06 |
Extension service assistance to state soil conservation committee ‑ Duties |
| 4.1-20-07 |
Districts ‑ Petition ‑ Contents ‑ More than one petition filed |
| 4.1-20-08 |
Hearings on petitions ‑ When held ‑ Notice ‑ Determinations |
| 4.1-20-09 |
Election ‑ When held ‑ Contents of ballot ‑ Who may vote |
| 4.1-20-10 |
Publication of election results ‑ Determination of feasibility of operation of district |
| 4.1-20-11 |
District determined feasible ‑ Statement filed with secretary of state |
| 4.1-20-12 |
District to be a political subdivision ‑ Boundaries of district |
| 4.1-20-13 |
Petition to include additional area within existing district |
| 4.1-20-14 |
Districts presumed to be organized legally ‑ Copy of certificates as evidence |
| 4.1-20-15 |
Notice to file nominating petitions and of election of district supervisors |
| 4.1-20-16 |
Nominating petitions ‑ Petitions required ‑ Final filing date |
| 4.1-20-17 |
Regular election of district ‑ When held ‑ Regulations governing |
| 4.1-20-18 |
Supervisors ‑ Terms of office ‑ Vacancies ‑ Removal ‑ Compensation ‑ Expenses |
| 4.1-20-19 |
Soil conservation district supervisors ‑ Training |
| 4.1-20-20 |
Supervisors may employ assistants ‑ Attorney general and state's attorneys to advise ‑ Reports to committee |
| 4.1-20-21 |
Assistance for district supervisors |
| 4.1-20-22 |
Supervisors to provide for surety bonds, keeping records, and annual audit |
| 4.1-20-23 |
Supervisors may consult city or county representatives |
| 4.1-20-24 |
Powers and duties of districts and supervisors |
| 4.1-20-25 |
Supervisors may formulate land use regulations for submission to qualified electors |
| 4.1-20-26 |
Notice of election ‑ Form of ballot ‑ Conduct of election ‑ Who may vote |
| 4.1-20-27 |
Two‑thirds voter approval required to adopt ordinance ‑ Effect of ordinance after adoption |
| 4.1-20-28 |
What may be contained in land use regulations |
| 4.1-20-29 |
Regulations to be uniform ‑ Copies furnished in district |
| 4.1-20-30 |
Amending, supplementing, or repealing land use regulations |
| 4.1-20-31 |
Supervisors to enforce land use regulations |
| 4.1-20-32 |
Failure to perform land use regulations ‑ Hearing on ‑ Supervisors to perform ‑ Costs and expenses |
| 4.1-20-33 |
Board of adjustment ‑ Members ‑ Appointment ‑ Vacancies ‑ Compensation |
| 4.1-20-34 |
Board of adjustment ‑ Rules ‑ Chairman ‑ Meetings ‑ Quorum ‑ Records |
| 4.1-20-35 |
Petition to board of adjustment to vary land use regulations ‑ Service ‑ Hearing ‑ Board's powers |
| 4.1-20-36 |
Taking of testimony at hearing |
| 4.1-20-37 |
Aggrieved petitioner and supervisors may appeal to district court from order of board ‑ Procedure |
| 4.1-20-38 |
Cooperation among district supervisors |
| 4.1-20-39 |
State agencies to cooperate with district supervisors |
| 4.1-20-40 |
Discontinuance of districts ‑ Petition ‑ Referendum ‑ Eligible qualified electors |
| 4.1-20-41 |
Duties of committee after election on discontinuance of the district has been held |
| 4.1-20-42 |
Termination of affairs of district ‑ Disposal of property ‑ Certificate of dissolution |
| 4.1-20-43 |
Ordinances, regulations, and contracts of districts after dissolution |
| 4.1-20-44 |
Petitions for discontinuance of district ‑ Limitation on filing |
| 4.1-20-45 |
Consolidation of districts ‑ Petition ‑ Election ‑ Conduct of election |
| 4.1-20-46 |
Conduct of election ‑ Canvass of votes |
| 4.1-20-47 |
Supervisors of consolidated district ‑ Terms of office ‑ Powers and duties |
| 4.1-20-48 |
Costs and expenses of consolidation ‑ Disposition of property ‑ Contracts of districts after consolidation |
| 4.1-20-49 |
Soil conservation trust lands |
Chapter 4.1-21 - Forestry
| Section |
Section Name |
| 4.1-21-01 |
State forester ‑ Appointment ‑ Qualifications ‑ Duties |
| 4.1-21-02 |
State nursery ‑ Maintenance ‑ Purpose |
| 4.1-21-03 |
Powers ‑ Cooperative state agreements |
| 4.1-21-04 |
State forester reserve account |
| 4.1-21-05 |
Distribution of seeds and planting stock |
| 4.1-21-06 |
State forester may accept land for forestry purposes |
| 4.1-21-07 |
Obligations incurred in acquiring land ‑ Payment |
| 4.1-21-08 |
Powers of state forester when lands acquired or leased |
| 4.1-21-09 |
Revenue received from lands acquired or leased ‑ Regulations governing ‑ Payments in lieu of taxes |
| 4.1-21-10 |
State forester may sell, exchange, or lease lands |
| 4.1-21-11 |
Agreements for shelterbelt lands by state |
| 4.1-21-12 |
Trees for North Dakota program and trust fund |
Chapter 4.1-22 - Nurseries
Chapter 4.1-23 - Plant Pests
| Section |
Section Name |
| 4.1-23-01 |
Definitions |
| 4.1-23-02 |
Administration ‑ Rulemaking authority |
| 4.1-23-03 |
Authority for control measures |
| 4.1-23-04 |
Authority for plant quarantine |
| 4.1-23-05 |
Authority for abatement and emergency measures |
| 4.1-23-06 |
Authority for inspections ‑ Warrants |
| 4.1-23-07 |
Cooperation |
| 4.1-23-08 |
Penalties |
| 4.1-23-09 |
Authority for compensation |
| 4.1-23-10 |
Authority for local pest control and regulations |
| 4.1-23-11 |
Authority for financing local control programs ‑ County pest coordinator |
| 4.1-23-12 |
Authority for domestic and export certification |
Chapter 4.1-25 - Dairy Product Regulation
| Section |
Section Name |
| 4.1-25-01 |
Definitions |
| 4.1-25-02 |
Licenses required ‑ Fees ‑ Term |
| 4.1-25-03 |
Financial records release authorization with application for licensure |
| 4.1-25-04 |
Financial condition ‑ Assurance of prompt payment |
| 4.1-25-05 |
Statement of business operations or financial condition ‑ Filing ‑ Review by Bank of North Dakota ‑ Confidential ‑ Audited |
| 4.1-25-06 |
Surety bond, trustee agreement, or other security or assurances |
| 4.1-25-07 |
Financial basis for license ‑ Statement to producer ‑ Notification to department |
| 4.1-25-08 |
Additional security |
| 4.1-25-09 |
Filing of security before license year |
| 4.1-25-10 |
Failure to file security ‑ Notice to producers |
| 4.1-25-11 |
Out‑of‑state dealers, processors, or producers not exempt |
| 4.1-25-12 |
Entry, inspection, and investigation |
| 4.1-25-13 |
Records and reports |
| 4.1-25-14 |
Department to become trustee upon default in required security |
| 4.1-25-15 |
Application by department for appointment of trustee ‑ Hearing ‑ Appointment |
| 4.1-25-16 |
Notice to file claims ‑ When claims barred |
| 4.1-25-17 |
Remedy of claimants ‑ Separate action by claimant permissible |
| 4.1-25-18 |
Appeal or compromising of action by department |
| 4.1-25-19 |
Claims collections to be deposited in Bank of North Dakota |
| 4.1-25-20 |
Trust fund report ‑ Notice to claimants ‑ Approving or modifying report |
| 4.1-25-21 |
Attorney general to represent department and may employ assistants ‑ Department need not pay court costs |
| 4.1-25-22 |
License needed to sample, haul, or test ‑ Training ‑ Examination ‑ Term ‑ Fee |
| 4.1-25-23 |
Commissioner to investigate complaint |
| 4.1-25-24 |
Inspections |
| 4.1-25-25 |
Suspension or revocation of license ‑ Judicial review ‑ Emergency order |
| 4.1-25-26 |
Sampling and testing procedures ‑ Equipment ‑ Supplies |
| 4.1-25-27 |
Sampling of milk |
| 4.1-25-28 |
Standards for the production of manufacturing grade milk ‑ Minimum standards of rules |
| 4.1-25-29 |
Standards for dairy manufacturing or processing ‑ Minimum standards of rules |
| 4.1-25-30 |
Standards for grade A milk and milk products ‑ Adoption of rules |
| 4.1-25-31 |
State milk sanitation rating and sampling surveillance officer ‑ Duties ‑ Guidelines |
| 4.1-25-32 |
Milk laboratory evaluations officer ‑ Duties ‑ Guidelines |
| 4.1-25-33 |
Grade A pasteurized milk ordinance |
| 4.1-25-34 |
Quality records to be kept ‑ Term |
| 4.1-25-35 |
Milk haulers ‑ License required ‑ Commissioner to adopt rules |
| 4.1-25-36 |
Adulterated, impure, or unwholesome milk or milk products not to be transported, stored, sold, or offered for sale |
| 4.1-25-37 |
Sale of milk or milk products in violation of this chapter prohibited |
| 4.1-25-38 |
Exception for uses as directed by physicians |
| 4.1-25-39 |
Sale of foods not imitation milk, imitation milk products, or filled dairy products |
| 4.1-25-40 |
Shared animal ownership agreement ‑ Raw milk |
| 4.1-25-40.1 |
Sale of raw milk or raw milk products directly to a consumer ‑ Prohibitions ‑ Exemptions |
| 4.1-25-41 |
Labeling and identity standards |
| 4.1-25-42 |
Reports ‑ Blanks ‑ When made ‑ Contents |
| 4.1-25-43 |
Test results disputes |
| 4.1-25-44 |
Test sample disputes |
| 4.1-25-45 |
Standards considered minimum ‑ Municipality may provide more stringent standards |
| 4.1-25-46 |
Fees and penalties collected to be placed in general fund |
| 4.1-25-47 |
Disposal of illegal milk or milk products ‑ Seizure |
| 4.1-25-48 |
Penalty for violation of chapter ‑ Additional civil penalty ‑ Failure to pay civil penalty |
| 4.1-25-49 |
State's attorney's endorsement to complaint unnecessary upon violation of chapter |
| 4.1-25-50 |
Rules |
| 4.1-25-51 |
Shared animal ownership agreement rules limitation |
| 4.1-25-52 |
Enforcement |
Chapter 4.1-26 - Milk Marketing Board
Chapter 4.1-27 - Livestock Auction Markets
| Section |
Section Name |
| 4.1-27-01 |
Definitions |
| 4.1-27-02 |
Premises excluded from application of chapter |
| 4.1-27-03 |
License requirements ‑ Application ‑ Fee ‑ Commission schedule ‑ Facilities |
| 4.1-27-04 |
Bond to accompany application for license ‑ Amount ‑ Approval ‑ Conditions ‑ Exemptions |
| 4.1-27-05 |
Records release required with application for licensure |
| 4.1-27-06 |
Expiration and renewal of license ‑ Fee returned upon failure to issue or renew license |
| 4.1-27-07 |
Investigation of auction market ‑ Hearing to determine whether license should be issued or revoked |
| 4.1-27-08 |
Cease and desist authority |
| 4.1-27-09 |
Injunctive authority |
| 4.1-27-10 |
Sanitary regulations of livestock auction market |
| 4.1-27-11 |
Scales maintained by auction market to be inspected |
| 4.1-27-12 |
Records to be kept by operator of auction market ‑ Contents ‑ Examination ‑ Report |
| 4.1-27-13 |
Notice ‑ Nonsufficient funds checks |
| 4.1-27-14 |
Inspection of livestock ‑ Fees and rules governing |
| 4.1-27-15 |
Livestock unfit for sale |
| 4.1-27-16 |
Treatment administered to livestock before removal from auction market ‑ Fees for inspection and treatment |
| 4.1-27-17 |
Grievance committee |
| 4.1-27-18 |
Operator to warrant title to purchaser ‑ Dispute in title of animal sold |
| 4.1-27-19 |
Use of fees ‑ Grounds for refusal or revocation of license ‑ Procedure on default of licensee |
| 4.1-27-20 |
Review by the court |
| 4.1-27-21 |
Unlawful acts |
| 4.1-27-22 |
Penalties ‑ Criminal ‑ Civil |
| 4.1-27-23 |
Public livestock markets or commission firms ‑ Duplicate scale tickets |
Chapter 4.1-28 - Video Livestock Auction Markets
| Section |
Section Name |
| 4.1-28-01 |
Definitions |
| 4.1-28-02 |
Video livestock auction market and internet auction ‑ Authority to transact business |
| 4.1-28-03 |
Application for license ‑ Contents |
| 4.1-28-04 |
Use of fees ‑ Grounds for refusal or revocation of license ‑ Review by court |
| 4.1-28-05 |
Inspection of livestock |
| 4.1-28-06 |
Method of payment |
| 4.1-28-07 |
Sale of livestock by weight ‑ Scales to be inspected |
Chapter 4.1-30 - Livestock Purchased by Packing Plants
| Section |
Section Name |
| 4.1-30-01 |
Packing plant defined |
| 4.1-30-02 |
Livestock purchased by weight to be graded ‑ Penalty |
| 4.1-30-03 |
Penalty for purchase of livestock by weight without grading |
Chapter 4.1-31 - Meat Inspection
Chapter 4.1-32 - Rendering Plants
| Section |
Section Name |
| 4.1-32-01 |
License required to operate rendering plant |
| 4.1-32-02 |
Inspection of rendering plant of applicant by state veterinarian |
| 4.1-32-03 |
Granting of license ‑ Fee ‑ Term |
| 4.1-32-04 |
Unloading chutes and vehicles used by rendering plant ‑ Regulations governing |
| 4.1-32-05 |
Removal of carcasses from vehicle ‑ Prohibition |
| 4.1-32-06 |
Operator of vehicle for rendering plant to have certificate |
| 4.1-32-07 |
Inspection of plant authorized |
| 4.1-32-08 |
Rendering done by packing plants operating under federal inspection ‑ Exception |
| 4.1-32-09 |
Money collected ‑ Where credited |
| 4.1-32-10 |
Restrictions on locating rendering plants |
| 4.1-32-11 |
Penalty |
Chapter 4.1-33 - Pesticide Control
| Section |
Section Name |
| 4.1-33-01 |
Definitions |
| 4.1-33-01.1 |
Standards for pesticide certification |
| 4.1-33-02 |
Pesticide control board ‑ Enforcement by agriculture commissioner |
| 4.1-33-03 |
Pesticide control board to administer chapter and adopt rules |
| 4.1-33-04 |
Limitation on authority of political subdivisions regarding pesticides |
| 4.1-33-05 |
Application to governmental entities and public utilities |
| 4.1-33-06 |
Classification of commercial certificates |
| 4.1-33-07 |
Commercial and public applicator's certification |
| 4.1-33-07.1 |
Certification requirements ‑ Waiver for emergencies |
| 4.1-33-08 |
Expiration of certification ‑ Renewal |
| 4.1-33-09 |
Nonresident application ‑ Designation of agent for service of process |
| 4.1-33-10 |
Proof of financial responsibility ‑ Exceptions |
| 4.1-33-11 |
Pesticide dealer certification ‑ Employees ‑ Requirements for purchase |
| 4.1-33-12 |
Private applicators ‑ Certification |
| 4.1-33-13 |
Unlawful acts and grounds for denial, suspension, or revocation of a certification |
| 4.1-33-14 |
Records ‑ Retention ‑ Submission to commissioner |
| 4.1-33-15 |
Reciprocal agreement |
| 4.1-33-16 |
Certification exemptions |
| 4.1-33-17 |
Discarding and storing of pesticides, pesticide containers, and rinsate |
| 4.1-33-18 |
Pesticide application ‑ Alleged property damage ‑ Notification of applicator |
| 4.1-33-19 |
Subpoenas |
| 4.1-33-20 |
Penalties |
| 4.1-33-21 |
Enforcement |
| 4.1-33-22 |
Stop‑sale orders |
| 4.1-33-23 |
Information and instruction |
| 4.1-33-24 |
Cooperation by the board with other entities |
| 4.1-33-25 |
Disposition of funds ‑ Certification and training fund |
Chapter 4.1-34 - Pesticide Registration
Chapter 4.1-35 - Chemigation Regulation
| Section |
Section Name |
| 4.1-35-01 |
Definitions |
| 4.1-35-02 |
Compliance with rules |
| 4.1-35-03 |
Rules ‑ Standards for chemigation, installation, maintenance, and modifications |
| 4.1-35-04 |
Inspections ‑ Assistance of department of water resources |
| 4.1-35-05 |
Enforcement |
| 4.1-35-06 |
Penalties |
Chapter 4.1-36 - Pesticide and Pesticide Container Disposal Program
| Section |
Section Name |
| 4.1-36-01 |
Pesticide and pesticide container disposal program ‑ Pesticide container management ‑ Compensation |
| 4.1-36-02 |
Project scope and evaluation |
| 4.1-36-03 |
Project safe send pesticide and pesticide container collection ‑ User fees |
| 4.1-36-04 |
Report on pesticide container disposal program |
Chapter 4.1-37 - Anhydrous Ammonia Facilities
| Section |
Section Name |
| 4.1-37-01 |
Anhydrous ammonia safety rules |
| 4.1-37-02 |
Definitions |
| 4.1-37-03 |
License required ‑ Anhydrous ammonia facilities and mobile storage container |
| 4.1-37-04 |
State license fee |
| 4.1-37-05 |
State siting requirements ‑ Anhydrous ammonia storage facilities constructed after June 30, 1985 |
| 4.1-37-06 |
Transfer hose requirements |
| 4.1-37-07 |
Pressure relief devices |
| 4.1-37-08 |
Inspection |
| 4.1-37-09 |
Reinstalled and secondhand anhydrous ammonia storage containers ‑ Requirement |
| 4.1-37-10 |
Use of fees ‑ Safety promotion ‑ Administration ‑ Inspections |
| 4.1-37-11 |
Prohibitions |
| 4.1-37-12 |
Anhydrous ammonia ‑ Bulk delivery |
| 4.1-37-13 |
Hydrostatic test procedures |
| 4.1-37-14 |
Wet fluorescent magnetic particle test procedures |
| 4.1-37-15 |
Enforcement |
| 4.1-37-16 |
Penalty |
Chapter 4.1-38 - Anhydrous Ammonia Risk Management
| Section |
Section Name |
| 4.1-38-01 |
Risk management program ‑ Anhydrous ammonia |
| 4.1-38-02 |
Risk management program ‑ Enforcement authority |
Chapter 4.1-39 - Crop Protection Products
| Section |
Section Name |
| 4.1-39-01 |
Crop protection product harmonization and registration board ‑ Recovery of funds |
| 4.1-39-02 |
Crop protection product harmonization and registration board ‑ Membership ‑ Duties ‑ Grants |
| 4.1-39-03 |
Crop protection products ‑ Canadian labels |
| 4.1-39-04 |
Special local needs exemption ‑ Tolerances |
| 4.1-39-05 |
Crop protection products ‑ Registration process ‑ Joint labeling |
| 4.1-39-06 |
Crop protection products ‑ Request to petition for registration |
| 4.1-39-07 |
Environment and rangeland protection fund |
| 4.1-39-08 |
Minor use pesticide fund ‑ Continuing appropriation |
Chapter 4.1-40 - Fertilizer and Soil Conditioner
Chapter 4.1-40.1 - Biostimulant and Beneficial Substance Regulation
Chapter 4.1-41 - Commercial Feed
Chapter 4.1-43 - Livestock Medicine
Chapter 4.1-44 - Miscellaneous
| Section |
Section Name |
| 4.1-44-01 |
Sale of chemically treated grain ‑ Misdemeanor |
| 4.1-44-02 |
North Dakota winter show ‑ Official site of the North Dakota agricultural hall of fame |
| 4.1-44-03 |
Agricultural commodity assessments funds ‑ Investment income allocation |
| 4.1-44-04 |
Agricultural commodity promotion groups to report to the legislative assembly ‑ Report contents |
| 4.1-44-05 |
North Dakota agricultural hall of fame ‑ Establishment ‑ Induction |
| 4.1-44-06 |
North Dakota agricultural hall of fame committee ‑ Members |
| 4.1-44-07 |
Purple coneflowers (Echinacea purpurea or Echinacea angustifolia) ‑ Unauthorized removal ‑ Penalty |
| 4.1-44-08 |
Genetically modified seed ‑ Patent infringement ‑ Sampling ‑ Mediation |
Chapter 4.1-45 - State Fair Association
| Section |
Section Name |
| 4.1-45-01 |
State fair association ‑ North Dakota state fair |
| 4.1-45-02 |
State fair association members |
| 4.1-45-03 |
Meetings of the association ‑ Time and place ‑ Notice |
| 4.1-45-04 |
Compensation and expenses of members |
| 4.1-45-05 |
Board of directors ‑ Terms |
| 4.1-45-06 |
Annual meeting of the board of directors ‑ Special meetings ‑ Notice |
| 4.1-45-07 |
Quorum of board of directors to transact business |
| 4.1-45-08 |
Vacancies and special compensation of board members |
| 4.1-45-09 |
Officers ‑ Removal ‑ Vacancies |
| 4.1-45-10 |
Officers ‑ Duties |
| 4.1-45-11 |
Director's liability limited |
| 4.1-45-12 |
Bylaws, rules, and regulations |
| 4.1-45-13 |
Appointment of necessary employees |
| 4.1-45-14 |
State fair operating fund ‑ Continuing appropriation |
| 4.1-45-15 |
Organization under corporation laws ‑ Real property transactions ‑ Contracts |
| 4.1-45-16 |
Name in which business conducted and titles taken ‑ Execution of written instruments |
| 4.1-45-17 |
Certified audit of state fair association |
| 4.1-45-18 |
Attorney general to act as legal adviser |
| 4.1-45-19 |
Law enforcement ‑ Arrangements with local law enforcement agencies |
| 4.1-45-20 |
Service of process |
| 4.1-45-21 |
Regulation and licensing |
| 4.1-45-22 |
Nonliability of state for debts ‑ Exception |
| 4.1-45-22.1 |
Facility operations and maintenance costs |
| 4.1-45-23 |
Annual report |
| 4.1-45-24 |
The Iverson grandstand |
Chapter 4.1-47 - Noxious Weed Control
| Section |
Section Name |
| 4.1-47-01 |
Definitions |
| 4.1-47-02 |
Control of noxious weeds |
| 4.1-47-03 |
Noxious weed control ‑ Agriculture commissioner ‑ Powers |
| 4.1-47-04 |
Noxious weed control ‑ Agriculture commissioner ‑ Duties |
| 4.1-47-05 |
State noxious weed list ‑ Compilation |
| 4.1-47-06 |
County weed board ‑ Members ‑ Terms ‑ Compensation |
| 4.1-47-07 |
County weed board ‑ Jurisdiction |
| 4.1-47-08 |
County weed board ‑ Powers |
| 4.1-47-09 |
County weed board ‑ Duties |
| 4.1-47-10 |
County weed board ‑ Development of county weed list |
| 4.1-47-11 |
County weed control officer ‑ Membership on county weed board ‑ Employment |
| 4.1-47-12 |
County weed control officer ‑ Powers |
| 4.1-47-13 |
County weed control officer ‑ Duties |
| 4.1-47-14 |
County noxious weed control program ‑ Payment of expenses ‑ Financial report ‑ Tax levy authorization |
| 4.1-47-15 |
State appropriations for noxious weed control ‑ Distribution ‑ Determination |
| 4.1-47-16 |
State appropriations for noxious weed control ‑ Landowner assistance program |
| 4.1-47-17 |
Control of noxious weeds within cities |
| 4.1-47-18 |
City weed board members ‑ Terms ‑ Compensation |
| 4.1-47-19 |
City weed board ‑ Powers |
| 4.1-47-20 |
City weed board ‑ Duties |
| 4.1-47-21 |
City weed board ‑ Development of city weed list ‑ Review ‑ Removal |
| 4.1-47-22 |
City weed control officer ‑ Membership on city weed board ‑ Employment |
| 4.1-47-23 |
City weed control officer ‑ Powers |
| 4.1-47-24 |
City weed control officer ‑ Duties |
| 4.1-47-25 |
City noxious weed control program ‑ Payment of expenses ‑ Financial report |
| 4.1-47-26 |
Publicly owned land ‑ Noxious weed control |
| 4.1-47-27 |
Noxious weed control ‑ Enforcement responsibilities of other agencies |
| 4.1-47-28 |
Entry upon land for noxious weed control purposes ‑ Notices ‑ Landowner rights ‑ Remedial requirements ‑ Liens |
| 4.1-47-29 |
Quarantine ‑ Declaration ‑ Hearing ‑ Penalty |
| 4.1-47-30 |
Preventing the dissemination of noxious weeds ‑ Penalty |
| 4.1-47-31 |
Civil penalty |
| 4.1-47-32 |
Action on complaint ‑ Request for hearing |
| 4.1-47-33 |
County and city weed boards ‑ Control of invasive species ‑ Acceptance of funds |
| 4.1-47-34 |
Noxious weed certification ‑ Gravel and sand pits |
Chapter 4.1-48 - Potato Production Contracts
| Section |
Section Name |
| 4.1-48-01 |
Definitions |
| 4.1-48-02 |
Unfair acts and practices prohibited |
| 4.1-48-03 |
Civil liability for damages from an unfair act or practice |
| 4.1-48-04 |
Good faith ‑ Damages for violation ‑ Penalty |
| 4.1-48-05 |
Recapture of capital investment required by a potato production contract |
Chapter 4.1-52 - Seed Department and Seed Commission
Chapter 4.1-53 - Seeds
| Section |
Section Name |
| 4.1-53-01 |
Definitions |
| 4.1-53-02 |
Seed department ‑ Location |
| 4.1-53-03 |
Official seal |
| 4.1-53-04 |
Seed commission ‑ Membership |
| 4.1-53-05 |
Seed commission ‑ Chairman ‑ Meetings |
| 4.1-53-06 |
Seed commission ‑ Appointment of proxy |
| 4.1-53-07 |
Seed commission ‑ Members ‑ Compensation |
| 4.1-53-08 |
Seed commission ‑ Powers |
| 4.1-53-09 |
Seed commission ‑ Duties |
| 4.1-53-10 |
Seed commissioner ‑ Powers |
| 4.1-53-11 |
Seed commissioner ‑ Duties |
| 4.1-53-12 |
Agricultural seed ‑ Label requirements |
| 4.1-53-13 |
Agricultural seed ‑ Label ‑ Content |
| 4.1-53-14 |
Agricultural seed ‑ Label requirements ‑ Treated seed |
| 4.1-53-15 |
Agricultural seed ‑ Label requirement ‑ Hermetically sealed containers |
| 4.1-53-16 |
Agricultural seed ‑ Additional label requirements ‑ Limited applicability |
| 4.1-53-17 |
Agricultural seed ‑ Selling by brand ‑ Label requirement |
| 4.1-53-18 |
Canola seed ‑ Additional label requirements |
| 4.1-53-19 |
Agricultural seed components ‑ Label requirements ‑ Mixture or blend ‑ Designation |
| 4.1-53-20 |
Agricultural seed ‑ Sale of small quantities ‑ Container label requirements |
| 4.1-53-21 |
Vegetable seed ‑ Label requirements |
| 4.1-53-22 |
Vegetable seed ‑ Label ‑ Content |
| 4.1-53-23 |
Vegetable seed ‑ Additional label requirements |
| 4.1-53-24 |
Vegetable seed ‑ Larger units ‑ Label requirements ‑ Exception |
| 4.1-53-25 |
Vegetable seed ‑ Quantity ‑ Label requirement |
| 4.1-53-26 |
Vegetable seed ‑ Label requirements ‑ Treated seed |
| 4.1-53-27 |
Vegetable seed ‑ Label requirement ‑ Hermetically sealed containers |
| 4.1-53-28 |
Flower seed ‑ Label requirements |
| 4.1-53-29 |
Flower seed ‑ Label ‑ Content |
| 4.1-53-30 |
Flower seed ‑ Quantity ‑ Label requirement |
| 4.1-53-31 |
Flower seed ‑ Label requirements ‑ Treated seed |
| 4.1-53-32 |
Tree seed and shrub seed ‑ Label requirements |
| 4.1-53-33 |
Tree seed and shrub seed ‑ Label ‑ Content |
| 4.1-53-34 |
Tree seed and shrub seed ‑ Label ‑ Statement of origin |
| 4.1-53-35 |
Tree seed and shrub seed ‑ Label requirements ‑ Percentage of germination |
| 4.1-53-36 |
Tree seed and shrub seed ‑ Label requirements ‑ Treated seed |
| 4.1-53-37 |
Tolerances |
| 4.1-53-38 |
Seed sales permit ‑ Reports ‑ Fees ‑ Civil penalty |
| 4.1-53-39 |
Invoice and records |
| 4.1-53-40 |
Shipments from out of state ‑ Label requirements |
| 4.1-53-41 |
Nonresident seed dealer's license |
| 4.1-53-42 |
Certified seed ‑ Establishment of certification system |
| 4.1-53-43 |
Requests for certification ‑ Required submissions |
| 4.1-53-44 |
Certified seed ‑ Specific label requirements |
| 4.1-53-45 |
Certified seed ‑ Use of certain terms ‑ Required authorization |
| 4.1-53-46 |
Seed conditioning facilities ‑ Other facilities ‑ Standards |
| 4.1-53-47 |
Seed for certification purposes ‑ Increase in foundation seed stocks |
| 4.1-53-48 |
Plant Variety Protection Act ‑ Requirements for certification |
| 4.1-53-49 |
Identity‑preserved seed and crops ‑ Determination of genetic traits |
| 4.1-53-50 |
Identity‑preserved seed and crops ‑ Verification and certification services |
| 4.1-53-51 |
Sale of seed ‑ Prohibitions |
| 4.1-53-52 |
Germination test ‑ Requirement for sale |
| 4.1-53-53 |
Prohibited activities |
| 4.1-53-54 |
Stop‑sale order ‑ Issuance ‑ Enforcement ‑ Appeal |
| 4.1-53-55 |
Seizure and injunction ‑ Action |
| 4.1-53-56 |
Prosecution for violations - Duty of attorney general and state's attorney |
| 4.1-53-57 |
Penalty ‑ Criminal ‑ Civil ‑ Exemption |
| 4.1-53-58 |
Certificates and reports ‑ Publication |
| 4.1-53-59 |
Liability of seed commission, seed department, seed commissioner, and certified or noncertified agricultural seed producers |
| 4.1-53-60 |
Seed department records ‑ Exemption |
| 4.1-53-61 |
Applicability of chapter |
| 4.1-53-62 |
Seed department fund ‑ Continuing appropriation |
Chapter 4.1-54 - Seed Arbitration Board
| Section |
Section Name |
| 4.1-54-01 |
Seed arbitration board ‑ Membership |
| 4.1-54-02 |
Seed arbitration board ‑ Compensation |
| 4.1-54-03 |
Seed arbitration board ‑ Rules of operation and procedure |
| 4.1-54-04 |
Seed arbitration board ‑ Petition ‑ Hearing ‑ Recommendation |
| 4.1-54-05 |
Seed arbitration board ‑ Hearing ‑ Use of evidence |
Chapter 4.1-55 - Seed Potatoes
Chapter 4.1-56 - Seed Potato Control Areas
Chapter 4.1-57 - Potato Dealers
| Section |
Section Name |
| 4.1-57-01 |
Definitions |
| 4.1-57-02 |
Wholesale potato dealer ‑ License required |
| 4.1-57-03 |
Application for license ‑ Content |
| 4.1-57-04 |
Application for license ‑ Required security |
| 4.1-57-05 |
Termination of bond ‑ Notice to seed commissioner ‑ Suspension of license |
| 4.1-57-06 |
License ‑ Fee ‑ Expiration |
| 4.1-57-07 |
License ‑ Posting |
| 4.1-57-08 |
License ‑ Refusal ‑ Suspension ‑ Cancellation ‑ Grounds |
| 4.1-57-09 |
Agent of licensee ‑ Ineligibility |
| 4.1-57-10 |
Accounts and records |
| 4.1-57-11 |
Discontinuation of business ‑ Duty of dealer |
| 4.1-57-12 |
Security ‑ Requirements for increase ‑ Production of verified financial statements ‑ Hearing |
| 4.1-57-13 |
Seed commissioner ‑ Appointment as trustee |
| 4.1-57-14 |
Report ‑ Notice to claimants ‑ Payment of claims |
| 4.1-57-15 |
Expenses of seed commissioner - Deduction from trust fund |
| 4.1-57-16 |
Inspection of potatoes ‑ Rights to demand certificate of inspection |
| 4.1-57-17 |
Report by wholesale potato dealer - payment |
| 4.1-57-18 |
Sales reports unsatisfactory - Remedy of shipper |
| 4.1-57-18.1 |
Liability - Potato crop quantity and quality |
| 4.1-57-19 |
Investigation ‑ Hearing ‑ Action on license |
| 4.1-57-20 |
Fees and collections ‑ Continuing appropriation |
| 4.1-57-21 |
Enforcement of chapter |
| 4.1-57-22 |
Violations of chapter ‑ Penalty |
Chapter 4.1-58 - Grain and Seed Warehouses
| Section |
Section Name |
| 4.1-58-01 |
Definitions |
| 4.1-58-02 |
Duties of the commissioner |
| 4.1-58-03 |
Federal licensed inspector and employees |
| 4.1-58-04 |
Grain marketing ‑ Procedure for resolving disputes |
| 4.1-58-05 |
Notice of procedures for resolving disputes over grain |
| 4.1-58-06 |
Release of records ‑ Confidentiality |
| 4.1-58-07 |
Public warehouse license ‑ Financial criteria to be met |
| 4.1-58-08 |
Public warehouse license ‑ Fee ‑ Posting of license |
| 4.1-58-09 |
Warehouseman to operate warehouse owned by another |
| 4.1-58-10 |
Receiving stations |
| 4.1-58-11 |
Bond filed by public warehouseman |
| 4.1-58-12 |
Bond cancellation ‑ Release of surety |
| 4.1-58-13 |
Bond discount |
| 4.1-58-14 |
Revocation and suspension |
| 4.1-58-15 |
Scale ticket ‑ Contents ‑ Conversion |
| 4.1-58-16 |
Purchase by warehouseman ‑ Form of receipt |
| 4.1-58-17 |
Warehouse receipts ‑ Copy |
| 4.1-58-18 |
Warehouse receipt ‑ Contents and provisions |
| 4.1-58-19 |
Warehouse and storage contract ‑ Storage rates ‑ Terminal delivery |
| 4.1-58-20 |
Covenant against liens may be inserted in warehouse receipt |
| 4.1-58-21 |
Credit-sale contracts |
| 4.1-58-22 |
Discrimination by public warehouseman prohibited ‑ Posting prices |
| 4.1-58-23 |
Issuance of informal memoranda forbidden ‑ Penalty |
| 4.1-58-24 |
Liability of warehouseman |
| 4.1-58-25 |
Records to be kept by public warehouseman |
| 4.1-58-26 |
Reports to be made by public warehouseman ‑ Confidential information ‑ Penalty for failure |
| 4.1-58-27 |
Bailment not a sale |
| 4.1-58-28 |
Receiptholder's lien |
| 4.1-58-29 |
Standard weights to be used ‑ Exception |
| 4.1-58-30 |
Federal grades to control ‑ Grades to be posted |
| 4.1-58-31 |
Grading of grain ‑ Penalty |
| 4.1-58-32 |
Termination of public grain warehouse storage contracts ‑ Notice to receiptholder |
| 4.1-58-33 |
Reissue warehouse receipts ‑ Provisions |
| 4.1-58-34 |
Delivery of grain ‑ Demand terminates storage charge |
| 4.1-58-35 |
Grain to be kept insured for benefit of owner by warehouseman |
| 4.1-58-36 |
Insurance ‑ Cancellation ‑ Suspension of license |
| 4.1-58-37 |
Destruction of grain in public warehouse ‑ First lien by holder of outstanding receipt |
| 4.1-58-38 |
Refund of license fee by commissioner |
| 4.1-58-39 |
Transfer of warehouse ‑ Redemption of receipts |
| 4.1-58-40 |
Going out of business ‑ Redemption of receipts |
| 4.1-58-41 |
Cease and desist |
| 4.1-58-42 |
Agricultural contracts ‑ Mediation or arbitration |
| 4.1-58-43 |
Licensed warehouse capacity and condominium storage |
| 4.1-58-44 |
Insolvency of warehouseman |
| 4.1-58-45 |
Trust fund established ‑ Trustee |
| 4.1-58-46 |
Possession of grain |
| 4.1-58-47 |
Joinder of surety ‑ Deposit of proceeds |
| 4.1-58-48 |
Notice to receiptholders and credit-sale contract claimants |
| 4.1-58-49 |
Remedy of receiptholders |
| 4.1-58-50 |
Commissioner to marshall trust assets |
| 4.1-58-51 |
Power of commissioner to prosecute or compromise claims |
| 4.1-58-52 |
Commissioner's authority ‑ Warehouseman ‑ Trust assets |
| 4.1-58-53 |
Money received by trustee ‑ Deposited in Bank of North Dakota |
| 4.1-58-54 |
Report of trustee ‑ Approval ‑ Distribution |
| 4.1-58-55 |
Filing fees and court costs ‑ Expenses |
| 4.1-58-56 |
Violations of chapter ‑ Criminal penalty ‑ Civil penalty |
Chapter 4.1-59 - Grain Buyers
| Section |
Section Name |
| 4.1-59-01 |
Definitions |
| 4.1-59-02 |
Duties of the commissioner |
| 4.1-59-03 |
Commissioner's authority ‑ Grain buyer ‑ Trust assets |
| 4.1-59-04 |
Federal licensed inspector and employees |
| 4.1-59-05 |
Grain marketing ‑ Procedure for resolving disputes |
| 4.1-59-06 |
Release of records ‑ Confidentiality |
| 4.1-59-07 |
Grain buyer license ‑ Financial criteria to be met |
| 4.1-59-08 |
Grain buyer license ‑ How obtained ‑ Fee ‑ Penalty |
| 4.1-59-09 |
Bond filed by grain buyer |
| 4.1-59-10 |
Bond discount |
| 4.1-59-11 |
Bond cancellation ‑ Release of surety |
| 4.1-59-12 |
Revocation and suspension |
| 4.1-59-13 |
Scale ticket ‑ Contents |
| 4.1-59-14 |
Credit-sale contracts |
| 4.1-59-15 |
Discrimination by grain buyer prohibited |
| 4.1-59-16 |
Records required to be kept by grain buyers |
| 4.1-59-17 |
Reports to be made by grain buyers ‑ Penalty for failure ‑ Confidential records |
| 4.1-59-18 |
Standard weights to be used ‑ Exception |
| 4.1-59-19 |
Federal grades to control ‑ Grades to be posted |
| 4.1-59-20 |
Grading of grain ‑ Penalty |
| 4.1-59-21 |
Insolvency of grain buyer |
| 4.1-59-22 |
Trust fund established ‑ Trustee |
| 4.1-59-23 |
Joinder of surety ‑ Deposit of proceeds |
| 4.1-59-24 |
Joinder ‑ Grain broker |
| 4.1-59-25 |
Notice to receiptholders and credit-sale contract claimants |
| 4.1-59-26 |
Remedy of receiptholders |
| 4.1-59-27 |
Commissioner to marshall trust assets |
| 4.1-59-28 |
Power of commissioner to prosecute or compromise claims |
| 4.1-59-29 |
Report of trustee ‑ Approval ‑ Distribution |
| 4.1-59-30 |
Filing fees and court costs ‑ Expenses |
| 4.1-59-31 |
Cease and desist |
| 4.1-59-32 |
Agricultural contracts ‑ Mediation and arbitration |
| 4.1-59-33 |
Roving grain buyers ‑ Exception ‑ Applicability of provisions |
| 4.1-59-34 |
Violations of chapter ‑ Criminal penalty ‑ Civil penalty |
Chapter 4.1-60 - Uniform Accounting for Public Elevators and Warehouses
| Section |
Section Name |
| 4.1-60-01 |
Public elevators and warehouses ‑ Commissioner may require uniform accounting system |
| 4.1-60-02 |
Examination of financial accounts of elevator or warehouse by competent examiner ‑ Request by percentage of stockholders |
| 4.1-60-03 |
Certificate issued by commissioner after examination of accounts |
| 4.1-60-04 |
Fees of examiner for installing and examining accounting system |
Chapter 4.1-61 - Credit-Sale Contract Indemnity
| Section |
Section Name |
| 4.1-61-01 |
Credit-sale contracts ‑ Assessment on grain ‑ Submission of assessment |
| 4.1-61-02 |
Credit-sale contract indemnity fund ‑ Creation ‑ Continuing appropriation |
| 4.1-61-03 |
Credit-sale contract indemnity fund ‑ Suspension of assessment |
| 4.1-61-04 |
Credit-sale contract indemnity fund ‑ Eligibility for reimbursement |
| 4.1-61-05 |
Credit-sale contract indemnity fund ‑ Availability of money |
| 4.1-61-06 |
Credit-sale contract indemnity fund ‑ Reimbursement limit |
| 4.1-61-07 |
Credit-sale contract indemnity fund ‑ Prorated claims |
| 4.1-61-08 |
Reimbursement for later insolvencies |
| 4.1-61-09 |
Credit-sale contract indemnity fund ‑ Reimbursement for administrative expenses |
| 4.1-61-10 |
Credit-sale contract indemnity fund assessment ‑ Failure to collect assessment ‑ Penalty |
| 4.1-61-11 |
Revocation and suspension |
| 4.1-61-12 |
Cease and desist |
| 4.1-61-13 |
Claims |
| 4.1-61-14 |
Subrogation |
| 4.1-61-15 |
Roving grain buyers ‑ Exception ‑ Applicability of provisions |
Chapter 4.1-72 - Stockmen's Association
| Section |
Section Name |
| 4.1-72-01 |
North Dakota stockmen's association ‑ Statutory authority |
| 4.1-72-02 |
Discrimination ‑ Prohibited |
| 4.1-72-03 |
Office for recording brands ‑ Chief brand inspector - Employment |
| 4.1-72-04 |
Chief brand inspector ‑ Deputy brand inspectors ‑ Licensed peace officers |
| 4.1-72-04.1 |
Uniform complaint and summons ‑ Promise to appear ‑ Penalty |
| 4.1-72-05 |
Premises identification program ‑ Administration |
| 4.1-72-06 |
Federally sponsored programs ‑ Administration ‑ Records |
| 4.1-72-07 |
Collection of fees ‑ Continuing appropriation |
| 4.1-72-08 |
Biennial audit |
Chapter 4.1-73 - Branding Livestock
| Section |
Section Name |
| 4.1-73-01 |
Definition |
| 4.1-73-02 |
Brand ‑ Application for ownership |
| 4.1-73-03 |
Brands ‑ Requirements for recording |
| 4.1-73-04 |
Brand inspection certificate |
| 4.1-73-05 |
Brands ‑ Permissible locations |
| 4.1-73-06 |
Recorded numerical brand ‑ Impermissible placement |
| 4.1-73-07 |
Numerical brands ‑ Applicability of designated placement provisions |
| 4.1-73-08 |
Chief brand inspector ‑ Determination regarding brand |
| 4.1-73-09 |
Cancellation of brand |
| 4.1-73-10 |
Expiration of brands |
| 4.1-73-11 |
Expiration of brand ‑ Notice to owner |
| 4.1-73-12 |
Expiration of brands ‑ Notice by publication |
| 4.1-73-13 |
Brands authorized for rerecording |
| 4.1-73-14 |
Recording and rerecording brands ‑ Fee |
| 4.1-73-15 |
Reassignment of expired brand |
| 4.1-73-16 |
Use of unrecorded brand ‑ Penalty |
| 4.1-73-17 |
Defacing brands ‑ Unlawful branding ‑ Penalty |
| 4.1-73-18 |
Bill of sale ‑ Copy with shipment ‑ Effect ‑ Penalty |
| 4.1-73-19 |
Proof of ownership ‑ Alteration or falsification ‑ Penalty |
| 4.1-73-20 |
False proof of ownership ‑ Sale of livestock ‑ Penalty |
| 4.1-73-21 |
Transportation of livestock from state ‑ Brand inspection ‑ Penalty |
| 4.1-73-22 |
Request for reinspection ‑ Cost |
| 4.1-73-23 |
Brand inspection services ‑ Out‑of‑state facilities |
| 4.1-73-24 |
Rules ‑ Fees for brand inspection |
| 4.1-73-25 |
Slaughtering of cattle - Records - Penalty |
| 4.1-73-26 |
Record of brands |
| 4.1-73-27 |
Chief brand inspector to issue brand book |
| 4.1-73-28 |
Official brand book ‑ Presumptive evidence |
| 4.1-73-29 |
Effect of recorded brand ‑ Bill of sale to be given and kept |
Chapter 4.1-74 - Registered Livestock
| Section |
Section Name |
| 4.1-74-01 |
Registered livestock - Misrepresentation or falsification of records - Penalty |
Chapter 4.1-75 - Estrays
| Section |
Section Name |
| 4.1-75-01 |
Definition |
| 4.1-75-02 |
Estrays ‑ Possession |
| 4.1-75-03 |
Notification ‑ Record of date and time |
| 4.1-75-04 |
Estrays ‑ Notification of chief brand inspector |
| 4.1-75-05 |
Claiming estrays |
| 4.1-75-06 |
Reimbursement for costs ‑ Schedule |
| 4.1-75-07 |
List of estrays ‑ Publication ‑ Proof of ownership |
| 4.1-75-08 |
Possession of estray ‑ Immunity from liability |
| 4.1-75-09 |
Failure to comply with chapter ‑ Penalty |
Chapter 4.1-76 - Chapters 4.1-76 Through 4.1-82 are Reserved
Chapter 4.1-83 - Livestock Dealers
| Section |
Section Name |
| 4.1-83-01 |
Definition |
| 4.1-83-02 |
Livestock dealer ‑ License required |
| 4.1-83-03 |
Application for livestock dealer's license ‑ Required information |
| 4.1-83-04 |
License ‑ Fee ‑ Expiration |
| 4.1-83-05 |
Application for license ‑ Posting of bond |
| 4.1-83-06 |
Bond requirements ‑ Alternative |
| 4.1-83-07 |
Out‑of‑state applicant ‑ Trustee |
| 4.1-83-08 |
Bond ‑ Minimum amount |
| 4.1-83-09 |
Release of records ‑ Confidentiality |
| 4.1-83-10 |
Dealer's license - Grounds for denial - Hearing |
| 4.1-83-11 |
Change of circumstance ‑ Notification of agriculture commissioner |
| 4.1-83-12 |
Records |
| 4.1-83-13 |
Agent's license |
| 4.1-83-14 |
Agent's license ‑ Requirements ‑ Liability of principal |
| 4.1-83-15 |
Agent's license ‑ Grounds for denial |
| 4.1-83-16 |
Agent's authority ‑ Limitation |
| 4.1-83-17 |
Order to cease and desist ‑ Hearing |
| 4.1-83-18 |
Investigation of livestock dealer ‑ Hearing |
| 4.1-83-19 |
Grounds for suspension or revocation of license |
| 4.1-83-20 |
License suspension or revocation ‑ Hearing ‑ Appeal |
| 4.1-83-21 |
Bond ‑ Claim for relief |
| 4.1-83-22 |
Appointment of trustee |
| 4.1-83-23 |
Possession of records and property ‑ Notice to file claims |
| 4.1-83-24 |
Maintenance of action ‑ Marshalling of assets |
| 4.1-83-25 |
Remedy of claimants ‑ Pursuit of separate action |
| 4.1-83-26 |
Actions by agriculture commissioner ‑ Exoneration |
| 4.1-83-27 |
Moneys collected on claims ‑ Required deposit |
| 4.1-83-28 |
Report of amounts payable ‑ Distribution of trust fund |
| 4.1-83-29 |
Court costs |
| 4.1-83-30 |
Violations of chapter ‑ Criminal penalty - Civil penalty |
Chapter 4.1-84 - Chapters 4.1-84 Through 4.1-87 are Reserved
Chapter 4.1-88 - Wool Dealers [Repealed]
Chapter 4.1-89 - Swine Health Improvement Plan
Title 5 - Alcoholic Beverages
Chapter 5-01 - General Provisions
| Section |
Section Name |
| 5-01-01 |
Definitions |
| 5-01-02 |
Exceptions |
| 5-01-03 |
Penalty |
| 5-01-04 |
Manufacture of alcoholic beverages prohibited ‑ Exceptions |
| 5-01-05 |
Public intoxication ‑ Penalty |
| 5-01-05.1 |
Public intoxication ‑ Assistance ‑ Medical care |
| 5-01-05.2 |
No prosecution for intoxication |
| 5-01-05.3 |
Disturbing the peace ‑ Disorderly conduct ‑ Penalty |
| 5-01-05.4 |
Informational, counseling, and referral centers for alcoholism |
| 5-01-06 |
Recovery of damages resulting from intoxication |
| 5-01-06.1 |
Claim for relief for fault resulting from intoxication |
| 5-01-07 |
Township beer or liquor licenses |
| 5-01-08 |
Individuals under twenty‑one years of age prohibited from using alcoholic beverages or entering licensed premises ‑ Penalty |
| 5-01-08.1 |
Misrepresentation of age ‑ Penalty ‑ Licensee may keep book |
| 5-01-08.2 |
Presumption of licensee's innocence when certain facts established |
| 5-01-08.3 |
Proof of age - Seizure of false identification |
| 5-01-09 |
Delivery to certain persons unlawful |
| 5-01-10 |
Bottle clubs prohibited ‑ Penalty |
| 5-01-11 |
Unfair competition ‑ Penalty |
| 5-01-12 |
Duty to enforce |
| 5-01-13 |
State's attorney's inquiry |
| 5-01-14 |
Microbrew pubs ‑ Licensing ‑ Taxes |
| 5-01-15 |
Penalty |
| 5-01-16 |
Direct sale from out‑of‑state person to consumer ‑ Penalty |
| 5-01-17 |
Domestic winery license |
| 5-01-18 |
Alcohol without liquid devices prohibited ‑ Definition ‑ Penalty |
| 5-01-19 |
Domestic distillery |
| 5-01-19.1 |
Direct sale by domestic distilleries |
| 5-01-19.2 |
Manufacturing distillery ‑ Satellite locations |
| 5-01-20 |
Direct sale by licensed wineries |
| 5-01-21 |
Brewer taproom license |
| 5-01-22 |
Powdered alcohol products prohibited ‑ Penalty ‑ Exceptions |
Chapter 5-02 - Retail Licensing
| Section |
Section Name |
| 5-02-01 |
State and local retail license required ‑ Penalty ‑ Exception |
| 5-02-01.1 |
Event permit authorized ‑ Penalty |
| 5-02-02 |
Qualifications for license |
| 5-02-02.1 |
Sale of alcoholic beverages in gas stations, grocery stores, and convenience stores |
| 5-02-03 |
Local license fees |
| 5-02-04 |
State license fee |
| 5-02-05 |
Dispensing prohibited on certain days ‑ Penalty |
| 5-02-05.1 |
Sunday alcoholic beverage permit ‑ Penalty |
| 5-02-05.2 |
Local approval of Sunday beer and wine sales by eating establishments ‑ Fee |
| 5-02-06 |
Prohibitions for individuals under twenty‑one years of age ‑ Penalty ‑ Exceptions |
| 5-02-06.1 |
Evidence of an individual under twenty‑one years of age in a licensed premises ‑ Proof of identification ‑ Refusal ‑ Penalty |
| 5-02-07 |
Sale of other items restricted ‑ Penalty |
| 5-02-07.1 |
Sale of alcoholic beverages in exchange for goods prohibited |
| 5-02-07.2 |
Sale of beer in kegs ‑ Registration and marking required |
| 5-02-08 |
Disorderly conduct prohibited ‑ Penalty |
| 5-02-09 |
Local regulations |
| 5-02-09.1 |
Attorney general to adopt rules |
| 5-02-10 |
Hearing on alleged violations |
| 5-02-10.1 |
Violations - Alcohol server training |
| 5-02-11 |
Suspension or revocation of license ‑ Appeal |
| 5-02-12 |
Witnesses ‑ Subpoena ‑ Fees |
| 5-02-13 |
Removal of wine from restaurant |
Chapter 5-03 - Beer and Liquor Wholesalers - Taxation
| Section |
Section Name |
| 5-03-01 |
State wholesale license required ‑ Qualifications ‑ Penalty ‑ Exception |
| 5-03-01.1 |
Conviction not bar to licensure ‑ Exceptions |
| 5-03-01.2 |
Brand registration ‑ Penalty |
| 5-03-02 |
Fees |
| 5-03-03 |
Bond required |
| 5-03-04 |
Collection of taxes |
| 5-03-05 |
Tax commissioner to adopt rules ‑ Appeal |
| 5-03-06 |
Examination by tax commissioner ‑ Penalty for improper returns |
| 5-03-06.1 |
Hearing on alleged violations ‑ Denial of license |
| 5-03-07 |
Imposition of tax ‑ Rate |
| 5-03-08 |
Taxes and fees deposited in the general fund |
| 5-03-09 |
Supplier license required ‑ Filing requirements ‑ Penalty |
Chapter 5-04 - Beer Wholesaler and Brewer Relationships
| Section |
Section Name |
| 5-04-01 |
Definitions |
| 5-04-02 |
Inducement or coercion prohibited |
| 5-04-03 |
Dual distributorship prohibited |
| 5-04-04 |
Agreement cancellation |
| 5-04-05 |
Notice of intent to terminate |
| 5-04-06 |
Assignment, transfer, or sale of business |
| 5-04-07 |
Reasonable compensation for wrongful cancellation |
| 5-04-08 |
Judicial remedies |
| 5-04-09 |
Product price |
| 5-04-10 |
Retaliatory action prohibited |
| 5-04-11 |
Wholesaler management |
| 5-04-12 |
Discrimination prohibited |
| 5-04-13 |
Waiver prohibited |
| 5-04-14 |
Sale of brewer |
| 5-04-15 |
Application to agreements |
| 5-04-16 |
Right of free association |
| 5-04-17 |
Chapter to apply when in conflict with title 51 |
| 5-04-18 |
Same brands ‑ Assignment of brand extensions |
Title 6 - Banks and Banking
Chapter 6-01 - Department of Financial Institutions
| Section |
Section Name |
| 6-01-01 |
Management and control ‑ State department of financial institutions ‑ Local ordinances preempted |
| 6-01-01.1 |
Regulatory fund established ‑ Uses ‑ Continuing appropriation (Effective through June 30, 2029) |
| 6-01-02 |
Definitions |
| 6-01-03 |
State banking board and state credit union board |
| 6-01-04 |
Powers and duties of the state banking board and state credit union board (Effective through June 30, 2029) |
| 6-01-04.1 |
Removal of officers, directors, and employees of financial corporations or institutions |
| 6-01-04.2 |
Cease and desist orders |
| 6-01-04.3 |
Assessment of civil money penalties |
| 6-01-04.4 |
Prompt corrective action |
| 6-01-04.5 |
Investigation of bank holding companies |
| 6-01-05 |
Taking of testimony and enforcement of orders |
| 6-01-06 |
Appointment of receivers |
| 6-01-07 |
Records of state banking board, state credit union board, and commissioner |
| 6-01-07.1 |
Records ‑ Confidential |
| 6-01-08 |
Appointment of commissioner ‑ Qualifications |
| 6-01-09 |
Supervision and examination by commissioner of financial institutions |
| 6-01-10 |
Commissioner to keep records and make reports ‑ Biennial report - Report to the legislative assembly (Effective through June 30, 2029) |
| 6-01-11 |
Salary of commissioner (Effective through June 30, 2029) |
| 6-01-12 |
Bonds of commissioner and deputies |
| 6-01-13 |
Commissioner ‑ Appointment of assistant commissioner and assignment of titles within the department |
| 6-01-14 |
Deputies controlled by commissioner ‑ Reports |
| 6-01-15 |
Officers and employees to be disinterested |
| 6-01-16 |
Salaries of commissioner's deputies (Effective through June 30, 2029) |
| 6-01-17 |
Semiannual assessments of banks and interstate branches |
| 6-01-17.1 |
Application fees ‑ Cost of transcript |
| 6-01-17.2 |
Additional assessment of banks and interstate branches |
| 6-01-18 |
Reports and examinations of institutions by federal deposit insurance corporation, other state supervisors, or federal reserve system |
| 6-01-19 |
Commissioner to keep bank record |
| 6-01-20 |
Bank of North Dakota entitled to records |
| 6-01-21 |
State agencies ‑ Examinations ‑ Fees |
| 6-01-21.1 |
County agencies ‑ Examinations ‑ Fees |
| 6-01-21.2 |
Municipal agencies, park boards, school districts ‑ Examinations ‑ Fees ‑ Alternative audits |
| 6-01-21.3 |
Examination of municipal agencies and school districts by order of governor or upon petition |
| 6-01-21.4 |
Examination in case of irregularity or embezzlement |
| 6-01-22 |
Examination of counties |
| 6-01-23 |
Examinations of county treasurers |
| 6-01-24 |
Supervision of records and fiscal affairs of counties |
| 6-01-25 |
Supervision of books and accounts of public institutions and private institutions with which state has dealings |
| 6-01-26 |
Special state examiner |
| 6-01-27 |
Duty of state examiner on failures by officers |
| 6-01-28 |
Public and private officers to aid examiner ‑ Examiner's authority on investigation |
| 6-01-29 |
Obstructing or misleading examiner ‑ Penalty |
| 6-01-30 |
Reports of commissioner ‑ Contents |
| 6-01-31 |
Certain accounts open for inspection |
| 6-01-32 |
Liability of bank officers and directors |
Chapter 6-02 - Organization and Qualification of Banks
| Section |
Section Name |
| 6-02-01 |
Compliance with chapters required ‑ Penalty for noncompliance |
| 6-02-02 |
Banking corporations ‑ Who may form |
| 6-02-02.1 |
Nonbank bank not qualified to do business |
| 6-02-03 |
Capital stock, surplus, and federal deposit insurance requirements |
| 6-02-04 |
Organization certificate ‑ Contents |
| 6-02-05 |
Acknowledgment of organization certificate ‑ Application for certificate of authority ‑ Notice of hearing |
| 6-02-06 |
Hearing by board ‑ Conclusions ‑ Management |
| 6-02-07 |
Determination of board ‑ Recording of organization certificate |
| 6-02-08 |
Certificate and authorization published |
| 6-02-09 |
Renewal charter |
Chapter 6-03 - Powers, Management, and Operation of Banks
| Section |
Section Name |
| 6-03-01 |
Powers before receipt of certificate of authority |
| 6-03-02 |
Powers |
| 6-03-02.1 |
Indemnification by banking association |
| 6-03-02.2 |
Issuance of certificates of deposit ‑ Penalty |
| 6-03-02.3 |
Parity for state and national banks |
| 6-03-03 |
Directors ‑ Qualifying shares ‑ Issue and transfer |
| 6-03-04 |
Director's oath of office ‑ Filing |
| 6-03-04.1 |
Standard of conduct for directors of financial institutions |
| 6-03-05 |
Loans on real estate ‑ Regulation ‑ Limitation |
| 6-03-05.1 |
Additional optional loans and advances |
| 6-03-05.2 |
Agricultural loan amortization and deferral |
| 6-03-06 |
Sale of real estate loans |
| 6-03-07 |
Investment in banking facility, furniture, and fixtures ‑ Limitation |
| 6-03-08 |
Powers as to other real estate |
| 6-03-09 |
Holding of real estate ‑ Limitation |
| 6-03-10 |
Violation of powers ‑ Penalty |
| 6-03-11 |
Conversion, consolidation, or merger |
| 6-03-12 |
Transfer of assets on consolidation or merger |
| 6-03-13 |
Conversion to national bank ‑ Sale of bank ‑ Removal to new location |
| 6-03-13.1 |
Separate facilities authorized |
| 6-03-13.2 |
Further limitations upon facility |
| 6-03-13.3 |
Facts considered for approval |
| 6-03-13.4 |
Effect of authority |
| 6-03-13.5 |
National bank, federal savings association, or state savings and loan association conversion to state bank |
| 6-03-13.6 |
Branch conversions |
| 6-03-14 |
Paying and receiving stations authorized |
| 6-03-14.1 |
Maintenance of facilities of merged banks |
| 6-03-14.2 |
Subsidiary depository institutions as agents |
| 6-03-15 |
Application to state banking board to establish stations |
| 6-03-15.1 |
Temporary relocation of bank operations |
| 6-03-15.2 |
Operations during epidemic or emergency ‑ Notice to commissioner |
| 6-03-16 |
Investigation and procedure on application to establish station |
| 6-03-17 |
Transaction of business at and regulation of station |
| 6-03-18 |
When station must be discontinued ‑ Revocation of permit |
| 6-03-19 |
Cancellation of station permit on application to board |
| 6-03-20 |
Impairment of capital ‑ Notice to commissioner ‑ Penalty |
| 6-03-21 |
Impairment of capital ‑ Dividends stopped ‑ Action by board ‑ Restoration |
| 6-03-22 |
Impairment of capital ‑ Stock assessments ‑ Notice and limitation |
| 6-03-23 |
Capital stock may be increased |
| 6-03-24 |
Capital stock may be reduced |
| 6-03-25 |
Approval of increase or reduction by stockholders ‑ Notice of stockholders' meeting |
| 6-03-26 |
Meeting not required when all stockholders agree in writing to increase or reduction |
| 6-03-27 |
List of shareholders to be kept and filed |
| 6-03-28 |
Shares ‑ Value and transfer ‑ Shareholder's obligation |
| 6-03-29 |
Responsibility of shareholders ‑ Double liability |
| 6-03-29.1 |
Responsibility of shareholders |
| 6-03-30 |
Shareholder's liability ‑ Limitation ‑ Publication of notice |
| 6-03-31 |
Delinquent stock ‑ Sale ‑ Notice |
| 6-03-32 |
When no bids for purchase of delinquent stock |
| 6-03-33 |
Loans on shares prohibited ‑ Disposal of stock acquired |
| 6-03-34 |
Surplus fund required ‑ Dividends only out of earnings not required for surplus |
| 6-03-35 |
Surplus fund exempt from taxation |
| 6-03-36 |
Capital must be maintained ‑ Dividends prohibited under certain conditions |
| 6-03-37 |
Reserve funds |
| 6-03-37.1 |
Bank loans of excess reserves |
| 6-03-38 |
Assets not to be used in other business ‑ Exceptions ‑ Penalty |
| 6-03-39 |
Investment in federal reserve bank stock authorized |
| 6-03-40 |
Investment in capital stock of certain agricultural credit corporations authorized ‑ Limitations |
| 6-03-40.1 |
Liquidation of investments in agricultural credit corporations ‑ Penalty |
| 6-03-41 |
Issuance of capital notes or debentures ‑ Not subject to double liability |
| 6-03-42 |
Capital notes or debentures included in capital ‑ Retirement |
| 6-03-43 |
Preferred stock authorized ‑ Notice to and consent of stockholders |
| 6-03-44 |
Preferred stock included in capital ‑ Reduction of common stock |
| 6-03-45 |
Preferred stock ‑ Rights of holders ‑ Nonassessable |
| 6-03-46 |
Exchange of preferred stock for capital notes or debentures |
| 6-03-47 |
Investment in loans and obligations secured by federal or state government |
| 6-03-47.1 |
Investment in loans secured by federal or state government |
| 6-03-47.2 |
Investments of state banks |
| 6-03-47.3 |
Bank investment in investment company shares |
| 6-03-47.4 |
Bank investment in federal agricultural mortgage corporation stock |
| 6-03-48 |
Investment in notes or bonds secured by insured mortgage ‑ Debentures of federal housing administrator authorized |
| 6-03-49 |
Federal housing administrator ‑ Insured bonds and notes ‑ Debentures ‑ Security for deposits |
| 6-03-49.1 |
Bank investment in service corporation ‑ Service corporation services and activities |
| 6-03-50 |
Exceptions from restrictive provisions |
| 6-03-51 |
Borrowing, normal and emergency ‑ Limitations |
| 6-03-52 |
Borrowing and rediscounting ‑ Authorization by directors |
| 6-03-53 |
Borrowing and rediscounting ‑ Report required |
| 6-03-54 |
Pledge ‑ Ratio to assets |
| 6-03-54.1 |
Pledges of bank securities to secure repayment of deposits by a federally recognized Indian tribe |
| 6-03-55 |
Powers of pledgee of bank assets |
| 6-03-56 |
Unlawful borrowing, rediscounting, endorsing, pledging by officers, employees, and accessories ‑ Penalty |
| 6-03-57 |
Foreclosure of pledge contracts |
| 6-03-58 |
Unlawful rediscounts, borrowings, and pledgings |
| 6-03-59 |
Loan limitation to one borrower or concern |
| 6-03-59.1 |
Leasing of personal property ‑ Limitation on term and amount |
| 6-03-59.2 |
Lease financing of public facilities |
| 6-03-60 |
Loans to and purchases from directors, executive officers, and principal shareholders ‑ Restrictions ‑ Conditions ‑ Penalty ‑ Civil liability |
| 6-03-61 |
Excessive loan ‑ Validity ‑ Penalty ‑ Personal liability |
| 6-03-62 |
Interest on loans ‑ Rate |
| 6-03-63 |
Interest on deposits ‑ Rates payable ‑ Penalty |
| 6-03-64 |
Payment of deposits made by fiduciaries, officers, minors, and associations |
| 6-03-65 |
Deposit in trust ‑ To whom paid |
| 6-03-66 |
Deposit in two or more names ‑ To whom paid |
| 6-03-67 |
Appropriation of deposits unlawful ‑ Exception ‑ Liability therefor |
| 6-03-67.1 |
Operation without federal deposit insurance prohibited ‑ Liability ‑ Penalty |
| 6-03-68 |
Collection of negotiable instruments by bank ‑ Liability for negligence |
| 6-03-68.1 |
Settlement of check presented by or through federal reserve bank or Bank of North Dakota |
| 6-03-69 |
Report of examining committee |
| 6-03-70 |
Reports ‑ Regular and special ‑ Publication ‑ Penalty |
| 6-03-71 |
Bonds of officers and employees |
| 6-03-72 |
Certification of checks, drafts, and orders ‑ Penalty |
| 6-03-73 |
Deferred posting authorized |
| 6-03-74 |
Definitions |
| 6-03-75 |
Varied by agreement |
| 6-03-76 |
Records search reimbursement |
Chapter 6-04 - Savings Banks [Repealed]
Chapter 6-05 - Annuity, Safe Deposit, Surety, and Trust Companies
| Section |
Section Name |
| 6-05-01 |
Who may form ‑ Corporation has perpetual existence |
| 6-05-02 |
Compliance with chapter required ‑ Penalty for noncompliance |
| 6-05-03 |
Capital required |
| 6-05-04 |
Surety deposit investments required ‑ Securities in which investment may be made |
| 6-05-04.1 |
Right of action against deposit |
| 6-05-05 |
Certificate of deposit |
| 6-05-06 |
Directors ‑ Qualifications ‑ Terms ‑ Vacancies |
| 6-05-07 |
Election of directors ‑ Appointment and bonds of officers |
| 6-05-08 |
Corporate powers |
| 6-05-08.1 |
Issuance of certificates of deposit ‑ Penalty |
| 6-05-09 |
Savings, investment, and trust property ‑ Separate accounts |
| 6-05-10 |
Discretionary power of investment ‑ Limitations |
| 6-05-11 |
Bond not required ‑ Power to be surety on judicial bonds ‑ Deposit of securities |
| 6-05-11.1 |
Bonds of officers and employees |
| 6-05-12 |
Court bonds not required |
| 6-05-13 |
Transfer of trust to corporation |
| 6-05-14 |
Compensation ‑ Lien |
| 6-05-15 |
Investment of trust funds |
| 6-05-15.1 |
Corporate trustee ‑ Investment of trust funds ‑ Commingling funds |
| 6-05-15.2 |
Common trust funds of affiliates |
| 6-05-15.3 |
Deposit of trust funds awaiting investment or distribution in affiliates |
| 6-05-15.4 |
Multiple offices or places of business ‑ Application to state banking board ‑ Hearing |
| 6-05-15.5 |
Structure of trust company ‑ Operating subsidiaries ‑ Notice ‑ Hearing ‑ Supervision |
| 6-05-16 |
Indebtedness of directors ‑ Prohibition and exception ‑ Theft ‑ Penalty |
| 6-05-17 |
Corporation subject to court orders ‑ Reports to court |
| 6-05-18 |
Annual report to state examiner ‑ Publication |
| 6-05-19 |
Fidelity insurance and corporate suretyship ‑ Domestic and foreign corporations |
| 6-05-20 |
Execution and acceptance of bond from surety company ‑ Bond as compliance with law |
| 6-05-21 |
Cost of bond allowable as expense and taxable as costs in suit |
| 6-05-22 |
Domestic surety companies and agents must obtain certificate from insurance commissioner |
| 6-05-23 |
Concurrent undertakings permitted ‑ Losses prorated |
| 6-05-24 |
Surety company may petition to be relieved from liability ‑ Procedure |
| 6-05-25 |
When subscribed capital stock must be paid in |
| 6-05-26 |
Increase in capital stock ‑ Action by stockholders ‑ Report to state banking board |
| 6-05-27 |
Commissioner to order increase in security deposit ‑ When |
| 6-05-28 |
Examination by commissioner ‑ Fees ‑ Power over business, officers, and employees |
| 6-05-29 |
Duty of commissioner when examination discloses violation of law |
| 6-05-30 |
Conditions under which foreign corporation may do fidelity and surety business |
| 6-05-31 |
Service on foreign corporation doing fidelity and surety business |
| 6-05-32 |
Foreign corporation doing fidelity or surety business to pay tax ‑ To whom paid ‑ How determined |
| 6-05-33 |
Responsibility of fidelity and surety corporation for fraud of bonded officer |
| 6-05-34 |
Other code provisions applicable to corporations doing business under this chapter |
Chapter 6-05.1 - Subsidiary Trust Companies
| Section |
Section Name |
| 6-05.1-01 |
Definitions |
| 6-05.1-02 |
Organization of subsidiary trust companies |
| 6-05.1-03 |
Permissible business of subsidiary trust companies |
| 6-05.1-04 |
Trust offices of subsidiary trust companies |
| 6-05.1-05 |
Transfer of fiduciary relationships from affiliated banks to subsidiary trust companies |
Chapter 6-05.2 - Fiduciary Powers
Chapter 6-06 - Credit Unions
| Section |
Section Name |
| 6-06-01 |
Savings and credit association may be organized |
| 6-06-02 |
Manner of organization of credit unions |
| 6-06-03 |
Commissioner to furnish forms |
| 6-06-04 |
Amendment of certificate or bylaws ‑ Approval by state credit union board |
| 6-06-05 |
Use of credit union and corporate central credit union restricted ‑ Forfeiture |
| 6-06-06 |
Powers of credit unions |
| 6-06-06.1 |
Issuance of certificates of deposit ‑ Penalty |
| 6-06-07 |
Membership in credit union |
| 6-06-08 |
State credit union board to supervise credit unions ‑ Reports ‑ Examinations ‑ Fees |
| 6-06-08.1 |
Additional assessments of credit unions |
| 6-06-08.2 |
Failing institution ‑ Emergency powers ‑ Hearing ‑ Order ‑ Appeal |
| 6-06-08.3 |
Examination of credit union computer servicers |
| 6-06-08.4 |
Prompt corrective action |
| 6-06-08.5 |
Corporate central credit union records |
| 6-06-09 |
Fiscal year of credit unions |
| 6-06-10 |
General and special meetings ‑ Notice ‑ Quorum ‑ Voting privileges |
| 6-06-11 |
Annual meetings ‑ Election of directors ‑ Election or appointment of committees |
| 6-06-12 |
Directors ‑ Duties and powers ‑ Loan limitations |
| 6-06-13 |
Officers ‑ Elections ‑ Duties |
| 6-06-13.1 |
Credit union volunteers ‑ Immunity |
| 6-06-14 |
Loans ‑ How made ‑ Security ‑ Meetings and duties of credit committee ‑ Preferential loans |
| 6-06-14.1 |
Loans ‑ How made ‑ Security ‑ Meetings and duties of loan administration ‑ Preferential loans |
| 6-06-15 |
Duties and powers of supervisory committee |
| 6-06-16 |
Entrance fee ‑ Capital ‑ Lien on shares ‑ Assessment on shares |
| 6-06-17 |
Shares may be issued to minor or in trust |
| 6-06-18 |
Interest rates |
| 6-06-19 |
Authority to borrow ‑ Limitation ‑ Exception |
| 6-06-20 |
Borrowings of directors and committee members limited ‑ Repayment of loans |
| 6-06-21 |
Reserve fund |
| 6-06-21.1 |
Amount and manner of establishing special reserves for delinquent loans and investments |
| 6-06-21.2 |
Agricultural loan amortization and deferral |
| 6-06-22 |
Permanent loan fund ‑ Amount ‑ How obtained ‑ Ownership |
| 6-06-23 |
Use of permanent loan fund ‑ To whom loaned and regulating making of loans |
| 6-06-24 |
Renewal of loan from permanent loan fund ‑ Foreclosure |
| 6-06-25 |
Rate of interest ‑ Use of interest ‑ Permanent loan fund loans |
| 6-06-26 |
Dividends |
| 6-06-27 |
Notice of intention to withdraw shares and deposits |
| 6-06-28 |
May change place of business |
| 6-06-29 |
Taxation of credit unions |
| 6-06-30 |
Voluntary liquidation authorized ‑ Qualification of liquidating committee |
| 6-06-31 |
Notice of dissolution to state examiner ‑ Filing examiner's certificates ‑ When dissolution complete |
| 6-06-32 |
Duty of committee when liquidation completed ‑ State examiner custodian of books and papers |
| 6-06-33 |
Liquidation by the commissioner |
| 6-06-34 |
Unclaimed dividends of credit unions |
| 6-06-35 |
Conversion from state to federal credit union and from federal to state credit union and from state credit union to a cooperative financial institution |
| 6-06-36 |
Merger |
| 6-06-37 |
Rules and regulations |
| 6-06-38 |
Destruction of records |
| 6-06-39 |
Share scaledown |
| 6-06-40 |
Share insurance exception |
| 6-06-41 |
Depository credit union ‑ Endorsements |
Chapter 6-06.1 - Voluntary Liquidation of Credit Unions [Repealed]
Chapter 6-06.2 - Cooperative Financial Institutions
| Section |
Section Name |
| 6-06.2-01 |
Definitions |
| 6-06.2-02 |
Formation |
| 6-06.2-03 |
Capital structure |
| 6-06.2-04 |
Contents of agreement of association |
| 6-06.2-05 |
Organization certificate - Contents |
| 6-06.2-06 |
Acknowledgment of organization certificate - Application for certificate of authority - Notice of hearing |
| 6-06.2-07 |
Hearing by board - Conclusions - Management - Confidentiality |
| 6-06.2-08 |
Determination of board - Recording of organization certificate |
| 6-06.2-09 |
Conversion to or from a cooperative financial institution |
| 6-06.2-10 |
Application for conversion |
| 6-06.2-11 |
Benefit to directors or management |
| 6-06.2-12 |
Adoption of rules |
| 6-06.2-13 |
Review by commissioner |
| 6-06.2-14 |
Membership, voting, meetings, and bylaws |
Chapter 6-07 - Dissolution, Insolvency, Suspension, and Liquidation [Repealed]
Chapter 6-07.1 - Dissolution and Liquidation of Trust Companies
Chapter 6-07.2 - Dissolution, Insolvency, Suspension, Receivership, and Liquidation
| Section |
Section Name |
| 6-07.2-01 |
Department taking possession ‑ Procedure |
| 6-07.2-02 |
When possession terminates |
| 6-07.2-03 |
Notice of possession |
| 6-07.2-04 |
Appointment of receiver ‑ Restrictions on proceedings, liens, or credits ‑ Bonding |
| 6-07.2-05 |
Powers of receiver |
| 6-07.2-06 |
Sale of assets ‑ Assumptions of deposit liabilities by new institution |
| 6-07.2-07 |
Presentation of claims ‑ Notice of claims procedure ‑ Rejection of claims ‑ Statute of limitations |
| 6-07.2-08 |
Claims filed after one hundred eighty‑day claim period |
| 6-07.2-09 |
Payment of claims |
| 6-07.2-10 |
Rejection of contracts and leases |
| 6-07.2-11 |
Subrogation of federal deposit insurance agency to right of depositors |
| 6-07.2-12 |
Appointment of successor fiduciary and representative proceedings |
| 6-07.2-13 |
Notice concerning safekeeping and safe deposit boxes |
| 6-07.2-14 |
Actions for enforcement or rights, demands, or claims vested in an institution or its shareholders of creditors |
| 6-07.2-15 |
Contents of articles of dissolution |
| 6-07.2-16 |
Execution and filing of articles with department ‑ Certificate of dissolution |
| 6-07.2-17 |
Emergency temporary suspension or conservatorship |
| 6-07.2-18 |
Voluntary liquidation of a bank |
| 6-07.2-19 |
Voluntary liquidation of a credit union or cooperative financial institution |
Chapter 6-08 - General Provisions
| Section |
Section Name |
| 6-08-01 |
Banks to have official number |
| 6-08-02 |
Oath of officers ‑ Form and filing |
| 6-08-03 |
Taxation of banks |
| 6-08-04 |
Bank officer or employee paying overdrafts personally liable |
| 6-08-05 |
Bank officer or employee overdrawing own account guilty of misdemeanor |
| 6-08-06 |
Banks exempt from attachment and execution |
| 6-08-07 |
Liability of bank on forged or raised check restricted |
| 6-08-08 |
Bank stock held by decedents ‑ Duty of county judge, commissioner, bank officers, and receivers |
| 6-08-08.1 |
Sale or purchase of associations, banking institutions, or holding companies ‑ Notification to commissioner ‑ Hearing |
| 6-08-09 |
Banking association officers ‑ Punishment for violation of duty ‑ Penalty |
| 6-08-10 |
Articles as evidence |
| 6-08-11 |
Punishment for violation of duty by director of moneyed corporation ‑ Penalty |
| 6-08-12 |
False statements or entries ‑ Felony |
| 6-08-13 |
False statements to obtain credit ‑ Accepting credit on false statements ‑ Misdemeanor |
| 6-08-14 |
False statements concerning bank values ‑ Penalty |
| 6-08-15 |
Slander or libel of bank or credit union ‑ Safe deposit, annuity, surety, or trust company ‑ Aiding or abetting ‑ Penalty ‑ Liability for damages |
| 6-08-16 |
Issuing check or draft without sufficient funds or credit ‑ Notice ‑ Time limitation ‑ Financial liability ‑ Penalty |
| 6-08-16.1 |
Issuing check or draft without account ‑ Penalty |
| 6-08-16.2 |
Issuing check without account ‑ Financial liability ‑ Penalty ‑ Exceptions |
| 6-08-16.3 |
Consolidation of offenses ‑ Dishonored checks |
| 6-08-16.4 |
Return of paid checks to the issuer |
| 6-08-17 |
Punishment of felonies |
| 6-08-18 |
Punishment of misdemeanors |
| 6-08-19 |
Punishment for offenses when corporation or association is convicted |
| 6-08-20 |
Penalties ‑ How recovered |
| 6-08-21 |
Execution of instruments |
| 6-08-22 |
Holiday transactions |
| 6-08-23 |
Retention of records |
| 6-08-24 |
Actions on accounts and claims limited |
| 6-08-24.1 |
Disposition of certain unclaimed accounts |
| 6-08-25 |
When foreign bank or trust company may serve in fiduciary capacity in state ‑ Reciprocity |
| 6-08-26 |
Requirements of foreign bank or trust company serving as fiduciary in state |
| 6-08-27 |
Resident place of business, branch office, or agency authorized ‑ Application |
| 6-08-28 |
Penalty |
| 6-08-29 |
Annual escrow account statement |
| 6-08-30 |
Limitation on control of deposits |
| 6-08-31 |
Electronic funds transfer fees |
| 6-08-32 |
Funds transfers ‑ Disclosure to financial institution required |
| 6-08-33 |
Unauthorized funds transfer ‑ Liability |
| 6-08-34 |
Documenting customer identity |
| 6-08-35 |
Legal recognition of electronic records and electronic signatures |
| 6-08-36 |
Automated teller machines ‑ Definitions ‑ International charges ‑ Application |
Chapter 6-08.1 - Disclosure of Customer Information
Chapter 6-08.2 - Sale of Banking Institutions Owned by Charitable Trusts
| Section |
Section Name |
| 6-08.2-01 |
Sale of banking institutions owned by charitable trusts |
| 6-08.2-02 |
Presentment of plan of acquiring entity to the state department of financial institutions |
| 6-08.2-03 |
Offer to purchase minority stock required |
| 6-08.2-04 |
Grants requirement ‑ Commitment ‑ Reports to attorney general |
| 6-08.2-05 |
Designation of agent for service of process |
| 6-08.2-06 |
Limitations |
| 6-08.2-07 |
Provisions not severable |
Chapter 6-08.3 - Reciprocal Interstate Banking
Chapter 6-08.4 - Interstate Branching
Chapter 6-08.5 - Financial Exploitation Prevention
| Section |
Section Name |
| 6-08.5-01 |
Definitions |
| 6-08.5-02 |
Eligible adult financial exploitation prevention ‑ Duration of refusal or hold ‑ Notification and reporting ‑ Immunity |
| 6-08.5-03 |
Reporting to a law enforcement agency or the department of health and human services ‑ Immunity |
| 6-08.5-04 |
Individuals who may be contacted regarding suspected financial exploitation ‑ Immunity ‑ Exemption from customer consent and notice provisions |
| 6-08.5-05 |
Refusal to accept power of attorney ‑ Immunity |
Chapter 6-08.6 - Uniform Special Deposits Act
| Section |
Section Name |
| 6-08.6-01 |
Definitions |
| 6-08.6-02 |
Scope ‑ Choice of law ‑ Forum |
| 6-08.6-03 |
Variation by agreement or amendment |
| 6-08.6-04 |
Requirements for special deposit |
| 6-08.6-05 |
Permissible purpose |
| 6-08.6-06 |
Payment to beneficiary by bank or credit union |
| 6-08.6-07 |
Property interest of depositor or beneficiary |
| 6-08.6-08 |
When creditor process is enforceable against bank or credit union |
| 6-08.6-09 |
Injunction or similar relief |
| 6-08.6-10 |
Recoupment or set off |
| 6-08.6-11 |
Duties and liability of bank or credit union |
| 6-08.6-12 |
Term and termination |
| 6-08.6-13 |
Principles of law and equity |
| 6-08.6-14 |
Uniformity of application and construction |
Chapter 6-09 - The Bank of North Dakota
| Section |
Section Name |
| 6-09-01 |
Purpose and establishment of Bank of North Dakota |
| 6-09-02 |
Industrial commission to operate Bank ‑ Business of Bank |
| 6-09-02.1 |
Declaration and finding of public purpose ‑ Bank of North Dakota advisory board of directors |
| 6-09-02.2 |
Authority of the advisory board of directors to the Bank of North Dakota |
| 6-09-03 |
Industrial commission may acquire property by purchase or eminent domain ‑ Investment in banking house and furnishings |
| 6-09-04 |
Commission to employ president and employees ‑ Compensation, operation, and maintenance expenditures limited to appropriations, revenue, or capital |
| 6-09-05 |
Removal and discharge of appointees |
| 6-09-06 |
Capital of Bank |
| 6-09-07 |
State funds must be deposited in Bank of North Dakota ‑ Income of the Bank |
| 6-09-08 |
Nonliability of officers and sureties after deposit |
| 6-09-09 |
Deposits may be received from any source ‑ Deposits to credit in other banks |
| 6-09-10 |
Guaranty of deposits ‑ Exemption from all taxation |
| 6-09-11 |
Bank a clearinghouse |
| 6-09-12 |
Interest rates fixed by commission ‑ Time deposits ‑ Limitations ‑ Charges for services |
| 6-09-13 |
Collection items must be paid to Bank of North Dakota at par ‑ Violation a misdemeanor |
| 6-09-14 |
Bank of North Dakota may deposit in any bank |
| 6-09-15 |
Powers |
| 6-09-15.1 |
Loans to general fund authorized ‑ Continuing appropriation ‑ Report |
| 6-09-15.2 |
Bank may invest in certain government sponsored stocks ‑ Limit |
| 6-09-15.3 |
Bank stock loans ‑ Requirements |
| 6-09-15.4 |
Participations in loans to small business concerns ‑ Direct loans to nonprofit corporations |
| 6-09-15.5 |
Bank loans to beginning farmers ‑ Revolving loan fund ‑ Requirements |
| 6-09-15.6 |
Bank of North Dakota purchase of export trading company stock ‑ Limitation |
| 6-09-15.7 |
Bank may invest in a public venture capital corporation |
| 6-09-15.8 |
Bank of North Dakota may make loans for improvement of facilities under the control of the parks and recreation department |
| 6-09-15.9 |
Limitations on loans by the Bank of North Dakota ‑ Disclosure of interests in certain loans |
| 6-09-16 |
Funds transferred to state departments ‑ How credited by state treasurer |
| 6-09-17 |
Office of management and budget to issue warrants against transferred funds |
| 6-09-18 |
Real estate loans ‑ Application ‑ Appraisal ‑ Action on loans |
| 6-09-19 |
Conditions of real estate mortgage ‑ Extension of payments |
| 6-09-20 |
Mortgage and note payable to manager of Bank ‑ Recitals ‑ Recording ‑ Satisfaction and discharge |
| 6-09-21 |
Sale and assignment of note and mortgage ‑ Extension of payments limited |
| 6-09-22 |
Assignment of note and mortgage to state treasurer ‑ Payments ‑ Satisfactions |
| 6-09-23 |
Partial release and satisfaction of mortgages assigned to state treasurer |
| 6-09-24 |
Partial payments ‑ Sale and assignment of mortgages assigned to state treasurer |
| 6-09-25 |
State treasurer may lease lands acquired through foreclosure of Bank mortgages ‑ Oil and gas leases |
| 6-09-26 |
Name in which business conducted and titles taken ‑ Execution of instruments |
| 6-09-26.1 |
Execution of instruments |
| 6-09-27 |
Civil actions on Bank transactions ‑ Name of parties ‑ Service ‑ Venue |
| 6-09-28 |
Surety on appeal, attachment, claim and delivery, and other cases in which undertaking required, not required of Bank of North Dakota |
| 6-09-29 |
Examinations and audit reports |
| 6-09-30 |
Repayment of moneys appropriated for Bank to state |
| 6-09-31 |
Sale of land held by state treasurer as trustee for state |
| 6-09-32 |
Bank may adopt rules governing sales |
| 6-09-33 |
Bank of North Dakota to administer assets of rural rehabilitation corporation |
| 6-09-34 |
Electronic fund transfer systems |
| 6-09-35 |
Confidentiality of Bank records ‑ Exempt records |
| 6-09-36 |
Bank of North Dakota ‑ Custodian of securities |
| 6-09-37 |
Sale and leasing of acquired agricultural real estate |
| 6-09-38 |
North Dakota higher education savings plan ‑ Administration ‑ Rules ‑ Continuing appropriation |
| 6-09-38.1 |
North Dakota achieving a better life experience plan - Administration - Rules - Continuing appropriation |
| 6-09-39 |
Truckdriver training programs ‑ Loans to students |
| 6-09-40 |
Reimbursement of Bank losses |
| 6-09-41 |
Livestock loan guarantee program ‑ Establishment ‑ Rules |
| 6-09-42 |
Health information technology loan fund ‑ Appropriation |
| 6-09-43 |
Health information technology planning loan fund ‑ Appropriation |
| 6-09-44 |
Residential mortgages |
| 6-09-45 |
Required transfer ‑ Special education contract costs |
| 6-09-46 |
Rebuilders loan program ‑ Loan fund ‑ Continuing appropriation ‑ Requirements |
| 6-09-46.1 |
Rebuilders home loan program ‑ Rebuilders home loan fund ‑ Continuing appropriation ‑ Requirements |
| 6-09-46.2 |
Rebuilders loan program ‑ Rebuilders permanent loan fund ‑ Continuing appropriation |
| 6-09-47 |
Medical facility infrastructure loan fund ‑ Medical facility infrastructure loan program ‑ Rural health loan program ‑ Medical facility emergency operating loan program ‑ Continuing appropriation ‑ Audit and costs of administration (Effective through June 30, 2027) |
| 6-09-47.1 |
Long-term care facility infrastructure loan program |
| 6-09-48 |
Funds received in relation to federal student loan program ‑ Administration ‑ Continuing appropriation |
| 6-09-49 |
Infrastructure revolving loan fund ‑ Continuing appropriation |
| 6-09-49.1 |
Legacy infrastructure loan fund ‑ Continuing appropriation |
| 6-09-49.2 |
Water infrastructure revolving loan fund ‑ State water commission ‑ Continuing appropriation |
| 6-09-49.3 |
Rail revolving loan fund ‑ Continuing appropriation |
| 6-09-50 |
North Dakota financial center - Lease rates - Payments in lieu of taxes (Contingent effective date - See note) |
| 6-09-51 |
Dynamic fiscal impact analysis |
| 6-09-52 |
Bulk propane storage tank revolving loan fund ‑ Continuing appropriation ‑ Audit and costs of administration |
| 6-09-53 |
Economic diversification research fund ‑ Report to legislative management |
| 6-09-54 |
Extraordinary medical needs housing loan fund ‑ Continuing appropriation |
Chapter 6-09.1 - Utilization of Bank in Industrial Development [Repealed]
Chapter 6-09.2 - Industrial Revenue Bond Guarantee Program [Repealed]
Chapter 6-09.3 - Irrigation Development Debentures [Repealed]
Chapter 6-09.4 - Public Finance Authority
| Section |
Section Name |
| 6-09.4-01 |
Title |
| 6-09.4-02 |
Legislative policy |
| 6-09.4-03 |
Definitions |
| 6-09.4-04 |
Creation of public finance authority |
| 6-09.4-05 |
Participation voluntary ‑ Agreement to participate |
| 6-09.4-05.1 |
Administrative agreements with state agencies |
| 6-09.4-06 |
Lending and borrowing powers generally |
| 6-09.4-07 |
Powers |
| 6-09.4-08 |
Bonds of the public finance authority |
| 6-09.4-09 |
Pledges |
| 6-09.4-10 |
Reserve fund |
| 6-09.4-10.1 |
Legacy sinking and interest fund ‑ Debt service requirements ‑ Public finance authority |
| 6-09.4-10.2 |
Debt service requirements ‑ Bonds for infrastructure projects and programs |
| 6-09.4-11 |
Additional reserves and funds |
| 6-09.4-12 |
Participation by public finance authority in bonds held by Bank of North Dakota |
| 6-09.4-13 |
Personal liability |
| 6-09.4-14 |
Purchase of bonds of public finance authority |
| 6-09.4-15 |
Bonds as legal investments and security |
| 6-09.4-16 |
Tax exemptions |
| 6-09.4-17 |
Exemption of property from execution sale |
| 6-09.4-18 |
Insurance or guaranty |
| 6-09.4-19 |
Remedies on default of municipal securities |
| 6-09.4-20 |
Form of municipal securities and investments |
| 6-09.4-21 |
Presumption of validity |
| 6-09.4-22 |
Protection of service during term of loan |
| 6-09.4-23 |
Evidences of indebtedness ‑ Authority to withhold school district state aid |
| 6-09.4-24 |
Public finance authority ‑ Issuance on behalf of other state agencies |
| 6-09.4-25 |
Administrative agreements with state agencies and instrumentalities to issue bonds and other evidences of indebtedness |
| 6-09.4-26 |
Public finance authority as continuation of and successor in interest to municipal bond bank |
| 6-09.4-27 |
Confidentiality of certain public finance authority records |
Chapter 6-09.5 - Community Water Facility Loans [Repealed]
Chapter 6-09.6 - Developmentally Disabled Facility Loan Program [Repealed]
Chapter 6-09.7 - Fuel Production Facility Loan Guarantee Program
| Section |
Section Name |
| 6-09.7-01 |
Guarantee loan program ‑ Administration ‑ Advisory board |
| 6-09.7-02 |
Powers and duties of the Bank of North Dakota |
| 6-09.7-03 |
Extent of loan guarantee |
| 6-09.7-04 |
Bank to prescribe the rate of interest on guaranteed loan |
| 6-09.7-05 |
Establishment and maintenance of adequate guarantee funds ‑ Use of strategic investment and improvements fund (Effective through June 30, 2027) |
| 6-09.7-06 |
Procedure on default of guaranteed loan |
| 6-09.7-07 |
Fees for reasonable costs |
| 6-09.7-08 |
Limitation on additional state aid |
| 6-09.7-09 |
Agricultural real estate loans ‑ Guarantee |
Chapter 6-09.8 - Beginning Farmer Loan Guarantee Program
Chapter 6-09.9 - Family Farm Survival Act
Chapter 6-09.10 - Credit Review Board and Agricultural Mediation
Chapter 6-09.11 - Financial Assistance for Family Farmers
Chapter 6-09.12 - Oil and Gas Development Loans
| Section |
Section Name |
| 6-09.12-01 |
Definitions |
| 6-09.12-02 |
Bank of North Dakota may make loans for oil and gas development projects |
Chapter 6-09.13 - Agriculture Partnership in Assisting Community Expansion
| Section |
Section Name |
| 6-09.13-01 |
Definitions |
| 6-09.13-02 |
Loans ‑ Participation by the Bank of North Dakota |
| 6-09.13-03 |
Loans to farmers ‑ Purposes ‑ Eligible uses |
| 6-09.13-04 |
Agriculture partnership in assisting community expansion fund established ‑ Continuing appropriation |
| 6-09.13-05 |
Interest rate buydown |
Chapter 6-09.14 - Partnership in Assisting Community Expansion
| Section |
Section Name |
| 6-09.14-01 |
Definitions |
| 6-09.14-02 |
Fund ‑ Continuing appropriation ‑ Administration |
| 6-09.14-03 |
Fund ‑ Purpose ‑ Interest rate buydown |
| 6-09.14-04 |
Fund moneys ‑ Eligible uses |
Chapter 6-09.15 - Beginning Entrepreneur Loan Guarantee Program
Chapter 6-09.16 - Nursing Facility Alternative Loans
| Section |
Section Name |
| 6-09.16-01 |
Definitions |
| 6-09.16-02 |
Long‑term care facility loan fund ‑ Continuing appropriation |
| 6-09.16-03 |
Long‑term care facility loan fund |
| 6-09.16-04 |
Loan application ‑ How made |
| 6-09.16-05 |
Amount of loans ‑ Terms and conditions |
| 6-09.16-06 |
Powers of Bank of North Dakota |
Chapter 6-09.17 - Biodiesel Partnership in Assisting Community Expansion [Redesignated]
Chapter 6-09.18 - Advancement Innovation Loans
| Section |
Section Name |
| 6-09.18-01 |
Definitions |
| 6-09.18-02 |
Legacy investment for technology committee ‑ Membership ‑ Meetings |
| 6-09.18-03 |
Legacy investment technology loan program |
| 6-09.18-04 |
Legacy investment technology loans ‑ Eligibility |
| 6-09.18-05 |
Legacy investment for technology fund ‑ Continuing appropriation |
| 6-09.18-06 |
Use of loan funds |
| 6-09.18-07 |
Postaward monitoring |
Chapter 6-10 - Agents for Deposits
Chapter 6-11 - Investment Trust Companies [Repealed]
Chapter 6-12 - Housing Development Fund [Expired]
Chapter 6-13 - Self-Critical Analysis Privilege of Financial Institutions
| Section |
Section Name |
| 6-13-01 |
Definitions |
| 6-13-02 |
Self‑critical analysis privilege created ‑ Scope |
| 6-13-03 |
Compliance self‑critical analysis document not discoverable or admissible |
| 6-13-04 |
Application of privilege |
| 6-13-05 |
Submission to commissioner |
| 6-13-06 |
Waiver of privilege by financial institution ‑ Grounds for determination of privilege ‑ Civil, administrative, or criminal proceedings |
| 6-13-07 |
Determination of privilege ‑ Procedure |
| 6-13-08 |
Privilege ‑ Burden of proof ‑ Stipulation |
| 6-13-09 |
Nonapplication of privilege |
Chapter 6-14 - Unauthorized Use of Name or Logo
Chapter 6-15 - Merchant Codes for Firearm and Ammunition Purchases
| Section |
Section Name |
| 6-15-01 |
Definitions |
| 6-15-02 |
Merchant codes ‑ Limitations |
| 6-15-03 |
Investigation of financial entities |
| 6-15-04 |
Merchant code violation fund ‑ Continuing appropriation |
Title 7 - Building and Loan Associations
Title 7 - Building and Loan Associations
Title 8 - Carriage
Chapter 8-01 - General Provisions
| Section |
Section Name |
| 8-01-01 |
Contract for carriage defined |
| 8-01-02 |
Classification |
| 8-01-03 |
Gratuitous carriers ‑ Obligation |
| 8-01-04 |
Gratuitous carrier ‑ Obligation where carriage begun |
Chapter 8-02 - Carriage of Persons
| Section |
Section Name |
| 8-02-01 |
Gratuitous carrier ‑ Degree of care required |
| 8-02-02 |
Carrier for reward ‑ Degree of care required |
| 8-02-03 |
Safe vehicles required |
| 8-02-04 |
Overloading prohibited |
| 8-02-05 |
Treatment of passengers |
| 8-02-06 |
Rate of speed ‑ Delays |
| 8-02-07 |
Ridesharing arrangement ‑ Definition |
| 8-02-08 |
Safety standards for passenger contract carriers ‑ Penalty |
Chapter 8-03 - Carriage of Property
| Section |
Section Name |
| 8-03-01 |
Definitions ‑ Freight, freightage, consignor, and consignee |
| 8-03-02 |
Care required |
| 8-03-03 |
Carrier shall obey instructions |
| 8-03-04 |
Conflict of orders |
| 8-03-05 |
Manner of delivery |
| 8-03-06 |
Place of delivery |
| 8-03-07 |
Freight not delivered to consignee ‑ Obligation of carrier |
| 8-03-08 |
How carrier may terminate liability |
| 8-03-09 |
Unclaimed property ‑ When sale permitted |
| 8-03-10 |
Perishable property ‑ When sale permitted |
Chapter 8-04 - Bills of Lading [Repealed]
Chapter 8-05 - Freightage
| Section |
Section Name |
| 8-05-01 |
When freightage to be paid |
| 8-05-02 |
Consignor liable for freightage |
| 8-05-03 |
Consignee liable for freight |
| 8-05-04 |
Natural increase ‑ No freightage |
| 8-05-05 |
Apportioned pursuant to contract |
| 8-05-06 |
Apportionment upon acceptance of part of freight |
| 8-05-07 |
Apportionment according to distance |
| 8-05-08 |
Extra carriage ‑ No additional freightage |
| 8-05-09 |
Carrier's lien for freightage |
Chapter 8-06 - Carriage of Messages
| Section |
Section Name |
| 8-06-01 |
Delivery of message |
| 8-06-02 |
Degree of care required |
Chapter 8-07 - General Provisions Relating to Common Carriers
| Section |
Section Name |
| 8-07-01 |
Common carrier ‑ Definition |
| 8-07-02 |
Must accept and carry |
| 8-07-03 |
Preference to United States and state |
| 8-07-04 |
Starting ‑ When and where |
| 8-07-05 |
Rates must be reasonable ‑ Payment refused |
| 8-07-06 |
Obligations limited only by contract |
| 8-07-07 |
Contracts against certain liabilities void |
| 8-07-08 |
Carrier's right to modify obligations restricted |
Chapter 8-08 - Common Carriers of Persons
| Section |
Section Name |
| 8-08-01 |
Carrier may make rules |
| 8-08-02 |
Obligation to carry luggage |
| 8-08-03 |
Luggage ‑ Carriage and delivery |
| 8-08-04 |
Liability for luggage |
| 8-08-05 |
Carrier shall provide sufficient vehicles and seats |
| 8-08-06 |
Vehicles to be disinfected ‑ Misdemeanor |
| 8-08-07 |
Fare ‑ When payable |
| 8-08-08 |
Ejection of passengers |
| 8-08-09 |
Carrier's lien on luggage |
| 8-08-10 |
Taxis and buses must be equipped with shatterproof glass |
| 8-08-11 |
Limitation on actions by common carriers |
Chapter 8-09 - Common Carriers of Property
| Section |
Section Name |
| 8-09-01 |
Inland carrier's liability ‑ Exception |
| 8-09-02 |
When exceptions do not apply |
| 8-09-03 |
Liability for delay |
| 8-09-04 |
Valuables must be declared |
| 8-09-05 |
Delivery of freight beyond usual route ‑ Carrier exonerated |
| 8-09-06 |
Must prove delivery to connecting carriers |
| 8-09-07 |
Services other than carriage and delivery |
| 8-09-08 |
Carriers cannot limit common‑law liability |
Chapter 8-10 - Common Carriers of Messages
| Section |
Section Name |
| 8-10-01 |
Telegraph company must maintain sufficient equipment |
| 8-10-02 |
Order of transmission and delivery of telegraph messages |
| 8-10-03 |
Order of transmission of messages other than telegraph |
| 8-10-04 |
Damages when message is refused or delayed |
| 8-10-05 |
Messages transmitted promptly |
| 8-10-06 |
Transfer of messages |
| 8-10-07 |
Unlawful use of telegraph or telephone lines |
| 8-10-07.1 |
Telephone calls with intent to annoy ‑ Misdemeanor |
| 8-10-07.2 |
Unlawful use of telecommunications devices ‑ Penalty |
| 8-10-07.3 |
Unlawful publication of telecommunications credit card numbers or codes |
| 8-10-08 |
Injury to telephone and telegraph lines |
| 8-10-09 |
Disclosing telegraph and telephone messages ‑ Penalty |
| 8-10-10 |
Secreting telegraphic dispatch |
| 8-10-11 |
Interruption of telecommunications in kidnapping or hostage emergency ‑ Duty of telecommunications company to assist ‑ Prohibited communications ‑ Penalty |
| 8-10-12 |
Exemption from liability for interruption of telephone communications |
Chapter 8-11 - Midwest Interstate Passenger Rail Compact [Expired]
Chapter 8-11.1 - Midwest Interstate Passenger Rail Compact [Repealed]
Chapter 8-12 - Autonomous Vehicles
Title 9 - Contracts and Obligations
Chapter 9-01 - General Provisions
| Section |
Section Name |
| 9-01-01 |
Definitions |
| 9-01-02 |
Requisites of contract |
| 9-01-03 |
Executed and executory contracts defined |
| 9-01-04 |
Joint and several contracts |
| 9-01-05 |
Origin and enforcement of obligations |
| 9-01-06 |
Obligations classified |
| 9-01-07 |
Joint obligation ‑ Presumption |
| 9-01-08 |
Joint obligation ‑ Contribution |
| 9-01-09 |
Conditional obligation defined |
| 9-01-10 |
Conditions of obligation ‑ Classification |
| 9-01-11 |
Condition precedent defined |
| 9-01-12 |
Conditions concurrent defined |
| 9-01-13 |
Condition subsequent defined |
| 9-01-14 |
Conditions unlawful or impossible |
| 9-01-15 |
Forfeiture ‑ Interpretation |
| 9-01-16 |
Enforcement of obligations ‑ Prerequisites |
| 9-01-17 |
Option to perform alternative acts |
| 9-01-18 |
Option ‑ Limitation of time for performance |
| 9-01-19 |
Option ‑ Selection in entirety |
| 9-01-20 |
Option ‑ Valid act prevails |
| 9-01-21 |
Property service contracts ‑ Exemption |
| 9-01-22 |
Wind option agreement ‑ Definition ‑ Termination |
Chapter 9-02 - Parties
| Section |
Section Name |
| 9-02-01 |
Persons capable of contracting |
| 9-02-02 |
Minors and persons of unsound mind |
| 9-02-03 |
Identity of parties essential to validity |
| 9-02-04 |
Third‑party beneficiary may enforce contract |
Chapter 9-03 - Consent
Chapter 9-04 - Object
| Section |
Section Name |
| 9-04-01 |
Definition |
| 9-04-02 |
Requisites of object |
| 9-04-03 |
Unlawful, impossible, or unascertainable object voids contract |
| 9-04-04 |
Several objects, part unlawful, contract void |
Chapter 9-05 - Consideration
| Section |
Section Name |
| 9-05-01 |
Good consideration defined |
| 9-05-02 |
When legal or moral obligation good consideration |
| 9-05-03 |
Lawful consideration required |
| 9-05-04 |
Contract void when consideration unlawful |
| 9-05-05 |
Consideration executed or executory |
| 9-05-06 |
Executory consideration ‑ Method of ascertaining |
| 9-05-07 |
Consideration undetermined ‑ Method of ascertaining |
| 9-05-08 |
Consideration not ascertainable ‑ Contract void |
| 9-05-09 |
Method of determining consideration becomes impossible ‑ Provision void |
| 9-05-10 |
Written instrument ‑ Presumption of consideration |
| 9-05-11 |
Burden of proving want of consideration |
Chapter 9-06 - Formation of Contract
| Section |
Section Name |
| 9-06-01 |
Express and implied contracts defined |
| 9-06-02 |
What contracts may be oral |
| 9-06-03 |
Written contract prevented by fraud ‑ Oral contract enforceable |
| 9-06-04 |
Contracts invalid unless in writing ‑ Statute of frauds |
| 9-06-05 |
Contracts unenforceable unless in writing ‑ Statute of frauds |
| 9-06-06 |
Auction sale ‑ Auctioneer memorandum sufficient |
| 9-06-07 |
Written contract supersedes oral negotiations |
| 9-06-08 |
Written contract takes effect on delivery |
| 9-06-09 |
Law of transfers of property applies |
| 9-06-10 |
How seal affixed |
| 9-06-11 |
Seals abolished |
Chapter 9-07 - Interpretation of Contract
| Section |
Section Name |
| 9-07-01 |
Public and private contracts interpreted by same rules |
| 9-07-02 |
Language of contract governs if clear |
| 9-07-03 |
Contract interpreted to give effect to mutual intention |
| 9-07-04 |
Intention ascertained from writing alone if possible |
| 9-07-05 |
Real intention to govern in cases of fraud, mistake, or accident |
| 9-07-06 |
Contract interpreted as a whole |
| 9-07-07 |
Several contracts part of one transaction interpreted together |
| 9-07-08 |
Contract interpreted so it may be carried into effect |
| 9-07-09 |
Words to be interpreted in ordinary sense |
| 9-07-10 |
Interpretation of technical words |
| 9-07-11 |
What law governs |
| 9-07-12 |
Contract explained by reference to circumstances |
| 9-07-13 |
Contract extends only to things to be covered |
| 9-07-14 |
Interpreted as promisor believed promisee understood it |
| 9-07-15 |
Clauses subordinate to general intent |
| 9-07-16 |
Written part of contract controls printed part |
| 9-07-17 |
Repugnancies reconciled with intent |
| 9-07-18 |
Inconsistent words rejected |
| 9-07-19 |
Uncertainty interpreted against party causing it ‑ Presumption as to cause |
| 9-07-20 |
Stipulations necessary to make contract reasonable implied |
| 9-07-21 |
Things incidental to contract ‑ When and when not implied |
| 9-07-22 |
Rules governing time of performance when not specified |
| 9-07-23 |
When time is essence of contract |
Chapter 9-08 - Unlawful and Voidable Contracts
| Section |
Section Name |
| 9-08-01 |
Provisions that are unlawful |
| 9-08-02 |
Contracts against the policy of the law |
| 9-08-02.1 |
Contracts against liability for errors or omissions ‑ Void |
| 9-08-03 |
Penalties and penal clauses void |
| 9-08-04 |
Fixing damages for breach void ‑ Exception |
| 9-08-05 |
Restricting enforcement of rights void |
| 9-08-06 |
In restraint of business void ‑ Exceptions |
| 9-08-07 |
In restraint of marriage void |
| 9-08-08 |
Settlement of damages for personal injuries voidable |
| 9-08-09 |
Rescission of contract for damages for personal injuries |
Chapter 9-09 - Extinction, Rescission, Alteration, and Cancellation
| Section |
Section Name |
| 9-09-01 |
Extinction of contracts |
| 9-09-02 |
Rescission ‑ When permitted |
| 9-09-03 |
Rescission permitted notwithstanding provisions against |
| 9-09-04 |
Rules governing rescission |
| 9-09-05 |
Alteration of oral contract |
| 9-09-06 |
Alteration of written contract |
| 9-09-07 |
Destruction or cancellation by consent |
| 9-09-08 |
Cancellation or destruction of contract ‑ Effect |
Chapter 9-10 - Obligations Imposed by Law
| Section |
Section Name |
| 9-10-01 |
Injury to the property or person of another |
| 9-10-02 |
Deceit ‑ Definition |
| 9-10-03 |
Damages for deceit |
| 9-10-04 |
Intent to defraud ‑ Presumption |
| 9-10-05 |
Restoration of property taken without consent ‑ Exceptions |
| 9-10-06 |
Willful acts and negligence ‑ Liability |
| 9-10-07 |
Comparative negligence |
Chapter 9-11 - Transfer and Performance of Obligation or Offer
| Section |
Section Name |
| 9-11-01 |
Transfer of rights |
| 9-11-02 |
Transfer by endorsement ‑ Non-negotiable written contract |
| 9-11-03 |
Transfer of burden requires beneficiary's consent |
| 9-11-04 |
Want of performance or offer ‑ When excused |
| 9-11-05 |
Benefits awarded to debtor |
| 9-11-06 |
Ratable proportion of benefits awarded to debtor |
| 9-11-07 |
Refusal before offer ‑ Equivalent to offer and refusal ‑ Exception |
| 9-11-08 |
Definitions |
| 9-11-09 |
Assignment of account receivable |
Chapter 9-12 - Extinction of Obligation
| Section |
Section Name |
| 9-12-01 |
Extinction by full performance |
| 9-12-02 |
Performance of obligation to one person ‑ Extinguishment ‑ Exception |
| 9-12-03 |
Performance of obligation by one person |
| 9-12-04 |
Performance directed by creditor |
| 9-12-05 |
Partial performance ‑ Extinction pro tanto |
| 9-12-06 |
Payment defined |
| 9-12-07 |
Performance when there are several obligations ‑ Application |
| 9-12-08 |
Extinction by offer ‑ Exception |
| 9-12-09 |
Offer of performance ‑ Assent of debtor |
| 9-12-10 |
Offer of performance made to creditor or authorized agent |
| 9-12-11 |
Offer of performance ‑ Place made |
| 9-12-12 |
Time for performance fixed |
| 9-12-13 |
Time for performance not fixed |
| 9-12-14 |
Offer of performance ‑ Good faith |
| 9-12-15 |
Offer of performance ‑ Free from condition |
| 9-12-16 |
Offer of performance ‑ When effective |
| 9-12-17 |
Refusal of offer ‑ Production unnecessary |
| 9-12-18 |
Offer of performance ‑ Mode ‑ Waiver of objections |
| 9-12-19 |
Offer of performance ‑ When title passes |
| 9-12-20 |
Offer of performance ‑ Definite object |
| 9-12-21 |
Offer of performance ‑ Contingency |
| 9-12-22 |
Performance ‑ Demand for written receipt |
| 9-12-23 |
Performance after due date |
| 9-12-24 |
Deposit extinguishes obligation |
| 9-12-25 |
Offer and deposit ‑ Results |
| 9-12-26 |
Deposit of thing offered ‑ How held |
| 9-12-27 |
Creditor as gratuitous depositary |
| 9-12-28 |
Deposit in special fund to extinguish lien, encumbrance, or cloud affecting or relating to the title to real property |
| 9-12-29 |
Claim of money by creditor ‑ Extinguishment of lien |
Chapter 9-13 - Release and Substitutions of Obligation
| Section |
Section Name |
| 9-13-01 |
Extinction of obligation by release |
| 9-13-02 |
Extension to known claims |
| 9-13-03 |
Joint debtors ‑ Effecting release |
| 9-13-04 |
Accord defined |
| 9-13-05 |
Satisfaction defined |
| 9-13-06 |
Only full execution of accord extinguishes obligation |
| 9-13-07 |
Part performance accepted in writing extinguishes obligation |
| 9-13-08 |
Novation defined |
| 9-13-09 |
Novation ‑ Created by contract |
| 9-13-10 |
How novation made |
| 9-13-11 |
Rescinding acceptance |
Chapter 9-14 - Invention Development Services Contracts
Chapter 9-15 - Athlete Agents [Repealed]
Chapter 9-15.1 - Uniform Athlete Agents Act [Repealed]
Chapter 9-15.2 - Revised Uniform Athlete Agents Act
| Section |
Section Name |
| 9-15.2-01 |
Definitions |
| 9-15.2-02 |
Secretary of state ‑ Authority ‑ Procedure |
| 9-15.2-03 |
Athlete agent ‑ Registration required ‑ Void contract |
| 9-15.2-04 |
Registration as athlete agent ‑ Application ‑ Requirements ‑ Reciprocal registration |
| 9-15.2-05 |
Certificate of registration - Issuance or denial - Renewal |
| 9-15.2-06 |
Suspension, revocation, or refusal to renew registration |
| 9-15.2-07 |
Temporary registration |
| 9-15.2-08 |
Registration and renewal fees |
| 9-15.2-09 |
Required form of agency contract |
| 9-15.2-10 |
Notice to educational institution |
| 9-15.2-11 |
Student‑athlete's right to cancel |
| 9-15.2-12 |
Required records |
| 9-15.2-13 |
Prohibited conduct |
| 9-15.2-14 |
Criminal penalty |
| 9-15.2-15 |
Civil remedy |
| 9-15.2-16 |
Civil penalty |
| 9-15.2-17 |
Uniformity of application and construction |
| 9-15.2-18 |
Relation to the Electronic Signatures in Global and National Commerce Act |
Chapter 9-16 - Electronic Transactions
| Section |
Section Name |
| 9-16-01 |
Definitions |
| 9-16-02 |
Scope |
| 9-16-03 |
Prospective application |
| 9-16-04 |
Use of electronic records and electronic signatures ‑ Variation by agreement |
| 9-16-05 |
Construction and application |
| 9-16-06 |
Legal recognition of electronic records, electronic signatures, and electronic contracts |
| 9-16-07 |
Provision of information in writing ‑ Presentation of records |
| 9-16-08 |
Attribution and effect of electronic record and electronic signature |
| 9-16-09 |
Effect of change or error |
| 9-16-10 |
Notarization and acknowledgment |
| 9-16-11 |
Retention of electronic records ‑ Originals |
| 9-16-12 |
Admissibility in evidence |
| 9-16-13 |
Automated transactions |
| 9-16-14 |
Time and place of sending and receipt |
| 9-16-15 |
Transferable records |
| 9-16-16 |
Creation and retention of electronic records and conversion of written records by governmental agencies |
| 9-16-17 |
Acceptance and distribution of electronic records by governmental agencies |
| 9-16-18 |
Interoperability |
| 9-16-19 |
Signatures and records secured through blockchain technology ‑ Smart contracts ‑ Ownership of information ‑ Definitions |
Title 10 - Corporations
Chapter 10-01 - General Provisions [Repealed]
Chapter 10-01.1 - Registered Agents Act
| Section |
Section Name |
| 10-01.1-01 |
Citation |
| 10-01.1-02 |
Definitions |
| 10-01.1-03 |
Fees |
| 10-01.1-04 |
Addresses in filings |
| 10-01.1-05 |
Appointment of registered agent |
| 10-01.1-06 |
Listing of commercial registered agent |
| 10-01.1-07 |
Termination of listing of commercial registered agent |
| 10-01.1-08 |
Change of registered agent by entity |
| 10-01.1-09 |
Change of name or address by noncommercial registered agent |
| 10-01.1-10 |
Change of name, address, or type of organization by commercial registered agent |
| 10-01.1-11 |
Resignation of registered agent ‑ Removal of agent appointed without consent |
| 10-01.1-12 |
Appointment of agent by nonfiling or nonqualified foreign entity |
| 10-01.1-13 |
Service of process on entities, nonresident governors, and the secretary of state |
| 10-01.1-14 |
Duties of registered agent |
| 10-01.1-15 |
Jurisdiction and venue |
| 10-01.1-16 |
Relation to Electronic Signatures in Global and National Commerce Act |
| 10-01.1-17 |
Savings clause |
Chapter 10-02 - Organization and Perpetuation [Repealed]
Chapter 10-03 - Capital Stock and Membership [Repealed]
Chapter 10-04 - Supervision of Issue and Sale of Securities
| Section |
Section Name |
| 10-04-01 |
Title |
| 10-04-02 |
Definitions |
| 10-04-03 |
Administration of chapter |
| 10-04-04 |
Registration of securities |
| 10-04-04.1 |
Agent or investment adviser representative records - Exempt record |
| 10-04-05 |
Exempt securities |
| 10-04-06 |
Exempt transactions |
| 10-04-06.1 |
Suspension and revocation of exemptions |
| 10-04-06.2 |
Legacy fund investments ‑ Notice filing |
| 10-04-07 |
Registration by description |
| 10-04-07.1 |
Registration by announcement ‑ Secondary |
| 10-04-07.2 |
Registration by coordination |
| 10-04-08 |
Registration by qualification |
| 10-04-08.1 |
Authority of commissioner |
| 10-04-08.2 |
Advertising matter ‑ Regulations |
| 10-04-08.3 |
Unlawful representations concerning registration or exemption |
| 10-04-08.4 |
Federal covered security |
| 10-04-08.5 |
Financial exploitation ‑ Vulnerable adult |
| 10-04-09 |
Suspension or revocation of registration of securities |
| 10-04-10 |
Registration of broker‑dealers, agents, investment advisers, and investment adviser representatives ‑ Notice filings by federal covered advisers |
| 10-04-10.1 |
Advisory activities |
| 10-04-10.2 |
Conviction not bar to registration ‑ Exceptions |
| 10-04-10.3 |
Postregistration provisions |
| 10-04-11 |
Suspension or revocation of broker‑dealer's, agent's, investment adviser's, and investment adviser representative's registration |
| 10-04-12 |
Hearings |
| 10-04-12.1 |
Board of review |
| 10-04-13 |
Appeals |
| 10-04-14 |
Service of process |
| 10-04-15 |
Fraudulent practices |
| 10-04-16 |
Orders, injunctions, and prosecutions for violations ‑ Civil penalty |
| 10-04-16.1 |
Investigations and subpoenas |
| 10-04-17 |
Remedies |
| 10-04-18 |
Penalties |
| 10-04-19 |
Evidentiary matters |
| 10-04-20 |
Repeal of certain prior laws, saving of certain rights and liabilities thereunder |
| 10-04-21 |
Restitution assistance fund ‑ Continuing appropriation |
Chapter 10-05 - Powers and Operation [Repealed]
Chapter 10-06 - Corporate Farming Law [Repealed]
Chapter 10-06.1 - Corporate or Limited Liability Company Farming
| Section |
Section Name |
| 10-06.1-01 |
Definitions |
| 10-06.1-02 |
Farming or ranching by corporations and limited liability companies prohibited |
| 10-06.1-03 |
Retention of mineral interests prohibited |
| 10-06.1-04 |
Conversion of corporations |
| 10-06.1-05 |
Conversion of limited liability company |
| 10-06.1-06 |
Surface coal mining ‑ Exception |
| 10-06.1-07 |
Industrial and business purpose ‑ Exception |
| 10-06.1-08 |
Cooperative corporations allowed to engage in the business of farming or ranching ‑ Requirements |
| 10-06.1-09 |
Certain nonprofit organizations or trusts may own or lease land ‑ Certain nonprofit organizations may continue farming or ranching ‑ Restriction on acquisition and ownership of land |
| 10-06.1-10 |
Acquisition of certain farmland or ranchland by certain nonprofit organizations |
| 10-06.1-11 |
Required nonprofit organization divestiture of farmland or ranchland |
| 10-06.1-12 |
Farming or ranching corporation or farming or ranching limited liability company allowed to engage in the business of farming or ranching ‑ Requirements |
| 10-06.1-12.1 |
Ownership or leasing of land by corporations - Exceptions |
| 10-06.1-12.2 |
Authorized livestock farm corporation or authorized livestock farm limited liability company allowed to engage in the business of farming or ranching ‑ Requirements |
| 10-06.1-13 |
Applicability of North Dakota Business Corporation Act |
| 10-06.1-14 |
Applicability of North Dakota limited liability company laws |
| 10-06.1-15 |
Initial report ‑ Farming or ranching corporation shareholder and farming or ranching limited liability member requirements |
| 10-06.1-15.1 |
Applicability of restriction on alien ownership of land |
| 10-06.1-15.2 |
Initial report ‑ Authorized livestock farm corporation shareholder and authorized livestock farm limited liability company member requirements |
| 10-06.1-16 |
Share and membership interest transfer records |
| 10-06.1-17 |
Annual report ‑ Farming or ranching corporations and farming or ranching limited liability companies ‑ Contents ‑ Filing requirements |
| 10-06.1-17.1 |
Annual report ‑ Authorized livestock farm corporations and authorized livestock farm limited liability companies ‑ Contents ‑ Filing requirements |
| 10-06.1-18 |
Reports of corporations and limited liability companies not engaged in farming or ranching |
| 10-06.1-19 |
Exemption from certain disclosure and other requirements for certain organizations |
| 10-06.1-20 |
Failure to file report ‑ Penalty |
| 10-06.1-21 |
Secretary of state to transmit information of noncompliance |
| 10-06.1-22 |
Tax commissioner to compare returns and reports |
| 10-06.1-23 |
Attorney general to conduct random compliance program |
| 10-06.1-24 |
Enforcement ‑ Penalty |
| 10-06.1-25 |
Private enforcement |
| 10-06.1-26 |
Protection of minority shareholders |
| 10-06.1-27 |
Protection of minority members |
Chapter 10-07 - Transfer of Real Estate And Interests Therein [Repealed]
Chapter 10-08 - Religious, Educational, and Benevolent Corporations [Repealed]
Chapter 10-09 - Orphans' Homes [Repealed]
Chapter 10-10 - Cemetery Corporations [Repealed]
Chapter 10-11 - Fraternal Corporations [Repealed]
Chapter 10-12 - Mutual Aid Cooperatives
| Section |
Section Name |
| 10-12-01 |
Mutual aid cooperatives |
| 10-12-02 |
Special requirements and powers |
| 10-12-03 |
Personal property of rural rehabilitation corporation exempt from taxation ‑ Real property taxable |
| 10-12-04 |
Industrial commission to receive assets of North Dakota rural rehabilitation corporation upon dissolution |
| 10-12-05 |
Application of Act to existing cooperatives |
Chapter 10-13 - Electric Cooperative Corporations
| Section |
Section Name |
| 10-13-01 |
Purposes of electric cooperatives |
| 10-13-02 |
Name of electric cooperative |
| 10-13-03 |
Powers of electric cooperatives |
| 10-13-04 |
Members of electric cooperatives |
| 10-13-05 |
Nonprofit basis ‑ Rates and fees |
| 10-13-06 |
Use of revenue ‑ Dividends |
| 10-13-07 |
Excise tax exemption ‑ License fee |
| 10-13-08 |
Exemption from securities law |
| 10-13-08.1 |
Electric cooperatives ‑ Sale of physical plant ‑ Approval |
| 10-13-09 |
Powers of electric cooperative corporation |
| 10-13-10 |
Directors, trustees, officers, and managers ‑ Immunity from civil liability |
| 10-13-11 |
Right of rural electric cooperative to construct, own, and maintain electric transmission lines |
Chapter 10-14 - Actions by and Against Corporations [Repealed]
Chapter 10-15 - Cooperative Associations
| Section |
Section Name |
| 10-15-01 |
Definitions |
| 10-15-01.1 |
Legal recognition of electronic records and electronic signatures |
| 10-15-02 |
Purposes |
| 10-15-03 |
General powers |
| 10-15-04 |
Incorporators |
| 10-15-05 |
Articles ‑ Provisions |
| 10-15-06 |
Articles ‑ Scope |
| 10-15-07 |
Filing articles of association ‑ Cooperative existence |
| 10-15-08 |
Certificate of association |
| 10-15-08.1 |
Cooperative name |
| 10-15-08.2 |
Reserved name |
| 10-15-09 |
Organization meetings ‑ Temporary board |
| 10-15-10 |
Members' first meeting |
| 10-15-11 |
Bylaws |
| 10-15-12 |
Principal office ‑ Registered agent |
| 10-15-12.1 |
Change of registered office or registered agent ‑ Change of name of registered agent |
| 10-15-13 |
Service of process |
| 10-15-14 |
Promotion expense ‑ Limitation |
| 10-15-15 |
Membership |
| 10-15-16 |
Voting |
| 10-15-17 |
Member meetings |
| 10-15-18 |
Quorum |
| 10-15-19 |
Notice ‑ Waiver |
| 10-15-20 |
Stock ‑ Authorization, control, use, right |
| 10-15-21 |
Stock certificates |
| 10-15-22 |
Stock subscriptions ‑ Liability |
| 10-15-23 |
Missing securities or records |
| 10-15-24 |
Liability of cooperative for wrongful transfers of its securities |
| 10-15-25 |
Directors ‑ Number, election, removal, and vacancies |
| 10-15-26 |
Directors ‑ Meetings, quorum, and waiver of notice |
| 10-15-27 |
Executive committee |
| 10-15-28 |
Action without meeting by directors or members |
| 10-15-29 |
Officers |
| 10-15-30 |
Compensation and benefits to directors, officers, and employees |
| 10-15-31 |
Liability of directors and members |
| 10-15-32 |
Disposition of assets ‑ Right to secure debts |
| 10-15-33 |
Apportionment and distribution of proceeds |
| 10-15-34 |
Unclaimed distributions, redemptions, or payments |
| 10-15-34.1 |
Unclaimed distributions, redemptions, or payments |
| 10-15-35 |
Books and records ‑ Penalty for refusal to produce |
| 10-15-36 |
Annual reports ‑ Filing thereof ‑ Fees ‑ Penalties |
| 10-15-37 |
Amendments to articles |
| 10-15-38 |
Filing amendments ‑ Limitation of action |
| 10-15-39 |
Restated articles |
| 10-15-40 |
Amendments by bankruptcy court |
| 10-15-41 |
Merger and consolidation |
| 10-15-42 |
Articles of merger or consolidation ‑ Effect |
| 10-15-43 |
Division of a cooperative |
| 10-15-44 |
Conversion of corporation |
| 10-15-45 |
Voluntary dissolution |
| 10-15-46 |
Involuntary dissolution |
| 10-15-47 |
Liquidation under court supervision |
| 10-15-48 |
Property omitted from final distribution |
| 10-15-49 |
Amounts due unknown persons |
| 10-15-50 |
Survival of remedy after dissolution |
| 10-15-51 |
Admission of foreign cooperatives |
| 10-15-51.1 |
Foreign cooperative - Name |
| 10-15-52 |
Foreign cooperative authority |
| 10-15-52.1 |
Merger of foreign cooperative authorized to transact business in this state |
| 10-15-52.2 |
Amendment to articles of association of foreign cooperatives |
| 10-15-52.3 |
Amended certificate of authority |
| 10-15-52.4 |
Withdrawal of foreign cooperative |
| 10-15-52.5 |
Filing of application for withdrawal for foreign cooperatives |
| 10-15-52.6 |
Change of registered office or registered agent of foreign cooperative |
| 10-15-52.7 |
Foreign cooperative - Revocation of certificate of authority |
| 10-15-53 |
Secretary of state - Filing documents - Effective date |
| 10-15-53.1 |
Secretary of state ‑ Annual report to the secretary of state |
| 10-15-53.2 |
Secretary of state - Involuntary dissolution - Revocation of certificate of authority |
| 10-15-53.3 |
Secretary of state ‑ Reinstatement following an involuntary dissolution or revocation of authority ‑ Appeals |
| 10-15-54 |
Fees |
| 10-15-55 |
Defense of ultra vires |
| 10-15-56 |
Member or stockholder derivative actions |
| 10-15-57 |
Forms to be furnished by secretary of state |
| 10-15-57.1 |
Correcting a filed record |
| 10-15-57.2 |
Secretary of state ‑ Certificates and certified copies to be received in evidence |
| 10-15-58 |
Use of term cooperative ‑ Penalty for improper use |
| 10-15-59 |
Associations not in restraint of trade |
| 10-15-60 |
Application of chapter |
| 10-15-61 |
Short title |
| 10-15-62 |
Secretary of state ‑ Confidential records |
Chapter 10-16 - Dissolution, Revival, Insolvency, Suspension, and Liquidation [Repealed]
Chapter 10-17 - Foreign Corporations [Repealed]
Chapter 10-18 - Transfer of Shares of Stock [Repealed]
Chapter 10-18.1 - Uniform Act for Simplification of Fiduciary [Repealed]
Chapter 10-19 - Business Corporations - General Provisions [Repealed]
Chapter 10-19.1 - North Dakota Business Corporation Act
Chapter 10-20 - Business Corporations - Merger, Consolidation, and Sale [Repealed]
Chapter 10-21 - Business Corporations - Dissolution [Repealed]
Chapter 10-22 - Business Corporations - Foreign Corporations [Repealed]
Chapter 10-23 - Business Corporations - Administration, Reports, Fees, Effect [Repealed]
Chapter 10-24 - Nonprofit Corporations - General Provisions [Repealed]
Chapter 10-25 - Nonprofit Corporations - Merger, Consolidation, and Sale [Repealed]
Chapter 10-26 - Nonprofit Corporations - Dissolution [Repealed]
Chapter 10-27 - Nonprofit Corporations - Foreign Corporations [Repealed]
Chapter 10-28 - Nonprofit Corporations - Administration, Fees, Effect [Repealed]
Chapter 10-29 - Lost Stock and Transfer Books
| Section |
Section Name |
| 10-29-01 |
Stock and transfer books ‑ Affidavit ‑ Notice |
| 10-29-02 |
Registration of stock |
| 10-29-03 |
Notice for registration of stock |
| 10-29-04 |
Stock and transfer list ‑ Certification |
| 10-29-05 |
Stockholder's action |
Chapter 10-30 - Development Corporations
Chapter 10-30.1 - Venture Capital Corporations [Repealed]
Chapter 10-30.2 - Myron G. Nelson Fund, Incorporated [Repealed]
Chapter 10-30.3 - Future Fund, Incorporated [Repealed]
Chapter 10-30.4 - Technology Transfer, Incorporated [Repealed]
Chapter 10-30.5 - North Dakota Development Fund, Incorporated
Chapter 10-30.6 - Community Development Corporations
Chapter 10-31 - Professional Organizations Act
| Section |
Section Name |
| 10-31-01 |
Definitions |
| 10-31-02 |
Articles of incorporation |
| 10-31-02.1 |
Articles of organization |
| 10-31-02.2 |
Registration |
| 10-31-03 |
Applicability of chapter 10‑19.1 |
| 10-31-03.1 |
Applicability of chapter 10‑32.1 |
| 10-31-03.2 |
Applicability of chapter 45‑22 |
| 10-31-04 |
Purpose for which created - Minority ownership |
| 10-31-05 |
Name |
| 10-31-06 |
Executives and owners |
| 10-31-07 |
Issuance and transfer of shares |
| 10-31-07.1 |
Retirement plan trust ‑ Voting and nonvoting shares |
| 10-31-07.2 |
Issuance and transfer of membership interests |
| 10-31-07.3 |
Issuance and transfer of partnership interests |
| 10-31-07.4 |
Issuance and transfer of shares, membership interests, and partnership interests - Exception for minority owners |
| 10-31-08 |
Professional services through officers, managers, employees, agents |
| 10-31-09 |
Professional relationship preserved ‑ Liability of owners ‑ Professional regulation |
| 10-31-10 |
Legal disqualification |
| 10-31-11 |
Disposition of shares, membership interests, or partnership interests on death or disqualification |
| 10-31-12 |
Death of last or only shareholder ‑ Amendment of articles of incorporation ‑ Involuntary dissolution |
| 10-31-13 |
Professional organizations ‑ Annual reports ‑ Renewal |
| 10-31-13.1 |
Foreign professional organizations ‑ Practice in the state |
| 10-31-14 |
Construction |
Chapter 10-32 - Limited Liability Company Act [Repealed]
Chapter 10-32.1 - Uniform Limited Liability Company Act
| Section |
Section Name |
| 10-32.1-01 |
Citation |
| 10-32.1-02 |
Definitions |
| 10-32.1-03 |
Legal recognition of electronic records and electronic signatures |
| 10-32.1-04 |
Knowledge and notice |
| 10-32.1-05 |
Application to existing relationships |
| 10-32.1-06 |
Reservation of legislative right |
| 10-32.1-07 |
Nature, purpose, and duration of a limited liability company |
| 10-32.1-08 |
Powers |
| 10-32.1-09 |
Governing law |
| 10-32.1-10 |
Supplemental principles of law |
| 10-32.1-11 |
Limited liability company name |
| 10-32.1-12 |
Reserved name |
| 10-32.1-13 |
Operating agreement - Scope - Function - Limitations |
| 10-32.1-14 |
Operating agreement effect on a limited liability company and persons becoming members - Preformation agreement |
| 10-32.1-15 |
Operating agreement - Effect on third parties and relationship to records effective on behalf of a limited liability company |
| 10-32.1-16 |
Registered office and registered agent |
| 10-32.1-17 |
Change of registered office or registered agent |
| 10-32.1-18 |
Resignation of registered agent |
| 10-32.1-19 |
Service of process on a limited liability company, foreign limited liability company, and nonresident managers and governors |
| 10-32.1-20 |
Formation of a limited liability company ‑ Articles of organization |
| 10-32.1-21 |
Amendment or restatement of articles of organization |
| 10-32.1-22 |
Signing and filing pursuant to a judicial order |
| 10-32.1-23 |
No agency power of a member as a member |
| 10-32.1-24 |
Statement of authority |
| 10-32.1-25 |
Statement of denial |
| 10-32.1-26 |
Liability of members, managers, and governors |
| 10-32.1-27 |
Becoming a member |
| 10-32.1-28 |
Form of contribution |
| 10-32.1-29 |
Liability for contributions |
| 10-32.1-30 |
Sharing of and right to distributions before dissolution |
| 10-32.1-30.1 |
Sharing of profits and loss |
| 10-32.1-31 |
Limitations on distribution |
| 10-32.1-32 |
Liability for improper distributions |
| 10-32.1-33 |
Direct action by a member |
| 10-32.1-34 |
Derivative action |
| 10-32.1-35 |
Proper plaintiff |
| 10-32.1-36 |
Pleading |
| 10-32.1-37 |
Special litigation committee |
| 10-32.1-38 |
Proceeds and expenses |
| 10-32.1-39 |
Management of a limited liability company |
| 10-32.1-40 |
Indemnification and insurance |
| 10-32.1-41 |
Standards of conduct for members, managers, and governors |
| 10-32.1-42 |
Right of members, managers, governors, and dissociated members to information |
| 10-32.1-43 |
Nature of a transferable interest |
| 10-32.1-44 |
Transfer of a transferable interest |
| 10-32.1-45 |
Charging order |
| 10-32.1-46 |
Power of the personal representative of a deceased member |
| 10-32.1-47 |
Power of a member to dissociate - Wrongful dissociation |
| 10-32.1-48 |
Events causing dissociation |
| 10-32.1-49 |
Effect of the dissociation of a person as member |
| 10-32.1-50 |
Events causing dissolution |
| 10-32.1-51 |
Winding up |
| 10-32.1-52 |
Known claims against a dissolved limited liability company |
| 10-32.1-53 |
Other claims against a dissolved limited liability company |
| 10-32.1-54 |
Distribution of assets in winding up limited liability activities of the company |
| 10-32.1-55 |
Merger, conversion, and domestication - Definitions |
| 10-32.1-56 |
Merger and exchange |
| 10-32.1-57 |
Action on a plan of merger or exchange by a constituent limited liability company |
| 10-32.1-58 |
Filings required for a merger or exchange - Effective date |
| 10-32.1-59 |
Effect of a merger |
| 10-32.1-60 |
Effect of an exchange |
| 10-32.1-61 |
Conversion |
| 10-32.1-62 |
Plan of conversion |
| 10-32.1-63 |
Plan approval and amendment |
| 10-32.1-64 |
Articles of conversion |
| 10-32.1-65 |
Abandonment of a conversion |
| 10-32.1-66 |
Effective date of conversion - Effect |
| 10-32.1-67 |
Domestication |
| 10-32.1-68 |
Action on a plan of domestication by a domesticating limited liability company |
| 10-32.1-69 |
Filings required for domestication - Effective date |
| 10-32.1-70 |
Effect of domestication |
| 10-32.1-71 |
Restrictions on approval of mergers, exchanges, conversions, and domestications |
| 10-32.1-72 |
Foreign limited liability company - Governing law |
| 10-32.1-73 |
Foreign limited liability company - Name |
| 10-32.1-74 |
Foreign limited liability company - Admission of foreign limited liability company - Transacting business - Obtaining licenses and permits |
| 10-32.1-75 |
Foreign limited liability company ‑ Application for a certificate of authority |
| 10-32.1-76 |
Foreign limited liability company - Issuance of a certificate of authority |
| 10-32.1-77 |
Foreign limited liability company ‑ Amendments to a certificate of authority |
| 10-32.1-78 |
Foreign limited liability company - Registered agent - Registered office |
| 10-32.1-79 |
Foreign limited liability company - Merger of a foreign limited liability company authorized to transact business in this state |
| 10-32.1-80 |
Foreign limited liability company - Conversion of a foreign limited liability authorized to transact business in this state |
| 10-32.1-81 |
Foreign limited liability company ‑ Certificate of withdrawal |
| 10-32.1-82 |
Foreign limited liability company - Transactions not constituting transacting business |
| 10-32.1-83 |
Foreign limited liability company - Service of process on a foreign limited liability company |
| 10-32.1-84 |
Foreign limited liability company - Effect of failure to have a certificate of authority |
| 10-32.1-85 |
Secretary of state - Powers - Enforcement |
| 10-32.1-86 |
Secretary of state - Filing of records with secretary of state - Effective date |
| 10-32.1-87 |
Secretary of state - Liability for inaccurate information in a filed record |
| 10-32.1-88 |
Secretary of state - Correcting a filed record |
| 10-32.1-89 |
Secretary of state ‑ Annual report to the secretary of state |
| 10-32.1-90 |
Secretary of state - Involuntary termination - Revocation of certificate of authority |
| 10-32.1-91 |
Secretary of state - Reinstatement following an involuntary termination or revocation of authority - Appeals |
| 10-32.1-92 |
Secretary of state ‑ Fees and charges |
| 10-32.1-93 |
Secretary of state - Certificate of existence and authorization |
| 10-32.1-94 |
Secretary of state - Certificates and certified copies to be received in evidence |
| 10-32.1-95 |
Secretary of state - Confidential records |
| 10-32.1-96 |
Secretary of state - Forms |
| 10-32.1-97 |
Attorney general - State interested in a proceeding |
| 10-32.1-98 |
Attorney general - Action by the attorney general |
| 10-32.1-99 |
Uniformity of application and construction |
| 10-32.1-100 |
Relation to Electronic Signatures in Global and National Commerce Act |
| 10-32.1-101 |
Savings clause |
| 10-32.1-102 |
Series of members, managers, transferable interests or assets ‑ General powers of series ‑ Governing authority ‑ Distributions ‑ Termination of series |
Chapter 10-33 - Nonprofit Corporations
| Section |
Section Name |
| 10-33-01 |
Definitions |
| 10-33-01.1 |
Legal recognition of electronic records and electronic signatures |
| 10-33-01.2 |
Knowledge and notice |
| 10-33-01.3 |
Reservation of legislative right |
| 10-33-02 |
Application and election |
| 10-33-03 |
Transition |
| 10-33-04 |
Purposes |
| 10-33-05 |
Incorporators |
| 10-33-06 |
Articles |
| 10-33-07 |
Private foundations ‑ Provisions considered contained in articles |
| 10-33-08 |
Filing of articles of incorporation |
| 10-33-09 |
Effective date of incorporation |
| 10-33-10 |
Corporate name |
| 10-33-11 |
Reserved name |
| 10-33-12 |
Registered office ‑ Registered agent |
| 10-33-13 |
Change of registered office ‑ Appointment or change of registered agent ‑ Change of name of registered agent |
| 10-33-14 |
Amendment of articles |
| 10-33-15 |
Procedure for amendment of articles |
| 10-33-16 |
Articles of amendment |
| 10-33-17 |
Effect of amendment |
| 10-33-18 |
Filing articles of amendment |
| 10-33-19 |
Effective date of articles of amendment |
| 10-33-20 |
Amendment of articles in court‑supervised reorganization |
| 10-33-21 |
General powers |
| 10-33-22 |
Corporate seal |
| 10-33-23 |
Defense of ultra vires |
| 10-33-24 |
Unauthorized assumption of corporate powers ‑ Liability |
| 10-33-25 |
Organization |
| 10-33-26 |
Bylaws |
| 10-33-27 |
Board |
| 10-33-28 |
Number of directors |
| 10-33-29 |
Qualifications and election of directors |
| 10-33-30 |
Terms of directors |
| 10-33-31 |
Acts not void or voidable |
| 10-33-32 |
Compensation of directors |
| 10-33-33 |
Classification of directors |
| 10-33-34 |
Cumulative voting for directors |
| 10-33-35 |
Resignation of directors |
| 10-33-36 |
Nonjudicial removal of directors |
| 10-33-37 |
Removal of directors by judicial proceeding |
| 10-33-38 |
Board vacancies |
| 10-33-39 |
Board meetings |
| 10-33-40 |
Absent directors |
| 10-33-41 |
Quorum of directors |
| 10-33-42 |
Act of the board |
| 10-33-43 |
Action without meeting by directors |
| 10-33-44 |
Board committees |
| 10-33-45 |
Standard of conduct for directors |
| 10-33-46 |
Director conflicts of interest |
| 10-33-47 |
Immunity of officers, directors, and trustees |
| 10-33-48 |
Immunity of volunteers |
| 10-33-49 |
Officers |
| 10-33-50 |
Duties of officers and agents |
| 10-33-51 |
Multiple offices |
| 10-33-52 |
Officers deemed elected |
| 10-33-53 |
Contract rights |
| 10-33-54 |
Resignation, removal, and vacancies for officers |
| 10-33-55 |
Delegation by officers |
| 10-33-56 |
Standard of conduct for officers |
| 10-33-57 |
Members |
| 10-33-58 |
Membership certificates |
| 10-33-59 |
Transfer of membership |
| 10-33-60 |
Liability of members ‑ Third parties ‑ Dues, assessments, or fees |
| 10-33-61 |
Resignation by members |
| 10-33-62 |
Termination of membership |
| 10-33-63 |
Purchase of memberships |
| 10-33-64 |
Delegates |
| 10-33-65 |
Annual meetings of voting members |
| 10-33-66 |
Special meetings of voting members |
| 10-33-67 |
Court‑ordered meeting of voting members |
| 10-33-68 |
Notice of member meetings |
| 10-33-69 |
Record date ‑ Determining members entitled to notice and vote |
| 10-33-70 |
Members' list for meeting |
| 10-33-71 |
Right to vote |
| 10-33-72 |
Act of the members |
| 10-33-72.1 |
Contractual requirement to submit a matter to the members |
| 10-33-73 |
Member action without a meeting |
| 10-33-74 |
Member action by ballot |
| 10-33-75 |
Remote communications for member meetings |
| 10-33-76 |
Quorum of members |
| 10-33-77 |
Proxies |
| 10-33-78 |
Acceptance of member act by the corporation |
| 10-33-79 |
Voting agreements |
| 10-33-80 |
Books and records ‑ Financial statement |
| 10-33-81 |
Equitable remedies for members |
| 10-33-82 |
Loans ‑ Guarantees ‑ Suretyship |
| 10-33-83 |
Advances |
| 10-33-84 |
Indemnification |
| 10-33-85 |
Merger, consolidation, or transfer |
| 10-33-86 |
Plan of merger or consolidation |
| 10-33-87 |
Plan approval |
| 10-33-88 |
Articles of merger or consolidation ‑ Certificate |
| 10-33-89 |
Abandonment |
| 10-33-90 |
Effective date of merger or consolidation ‑ Effect |
| 10-33-91 |
Continuance of corporate authority |
| 10-33-92 |
Merger or consolidation with foreign corporation |
| 10-33-93 |
Merger of corporation conducting activities as a hospital with a corporation organized for profit ‑ Retention of property tax status |
| 10-33-94 |
Transfer of assets ‑ When permitted |
| 10-33-95 |
Certain assets not to be diverted |
| 10-33-96 |
Methods of dissolution |
| 10-33-97 |
Voluntary dissolution by incorporators |
| 10-33-98 |
Voluntary dissolution by board and members with voting rights |
| 10-33-99 |
Filing notice of intent to dissolve ‑ Effect |
| 10-33-100 |
Procedure in dissolution |
| 10-33-101 |
Dissolution procedure for corporations that give notice to creditors and claimants |
| 10-33-102 |
Dissolution procedure for corporations that do not give notice to creditors and claimants |
| 10-33-103 |
Filing of articles of dissolution ‑ Effective date of dissolution ‑ Certificate of dissolution |
| 10-33-104 |
Revocation of dissolution proceedings |
| 10-33-105 |
Distribution of assets |
| 10-33-106 |
Supervised voluntary dissolution |
| 10-33-107 |
Involuntary dissolution |
| 10-33-108 |
Procedure in involuntary or supervised voluntary dissolution |
| 10-33-109 |
Qualifications of receivers ‑ Powers |
| 10-33-110 |
Filing claims in proceedings to dissolve |
| 10-33-111 |
Discontinuance of dissolution proceedings |
| 10-33-112 |
Decree of dissolution |
| 10-33-113 |
Filing decree |
| 10-33-114 |
Deposit with administrator of abandoned property of amount due certain persons ‑ Appropriation |
| 10-33-115 |
Claims barred ‑ Exceptions |
| 10-33-116 |
Right to sue or defend after dissolution |
| 10-33-117 |
Omitted assets |
| 10-33-118 |
Extension after duration expired |
| 10-33-119 |
Effect of extension |
| 10-33-120 |
Service of process on corporation, foreign corporation, and nonresident directors |
| 10-33-121 |
State interested ‑ Proceedings |
| 10-33-122 |
Attorney general ‑ Notice to ‑ Waiting period |
| 10-33-123 |
Powers of attorney general |
| 10-33-124 |
Certified nonprofit development corporation ‑ Application |
| 10-33-125 |
Foreign corporation ‑ Governing law |
| 10-33-126 |
Foreign corporation ‑ Name |
| 10-33-127 |
Foreign corporation ‑ Admission of foreign corporation conducting activities ‑ Obtaining licenses and permits |
| 10-33-128 |
Foreign corporation application for certificate of authority |
| 10-33-129 |
Foreign corporation ‑ Issuance of certificate of authority |
| 10-33-130 |
Foreign corporation ‑ Amendments to the certificate of authority |
| 10-33-131 |
Foreign corporation ‑ Registered agent ‑ Registered office |
| 10-33-132 |
Foreign corporation ‑ Merger of foreign corporation authorized to conduct activities in this state |
| 10-33-133 |
Foreign corporation ‑ Certificate of withdrawal |
| 10-33-134 |
Foreign corporation ‑ Revocation of certificate of authority |
| 10-33-135 |
Foreign corporation ‑ Conduct of activity without certificate of authority ‑ Civil penalty |
| 10-33-136 |
Foreign corporation ‑ Conduct not constituting conducting activities |
| 10-33-137 |
Foreign corporation ‑ Action by attorney general |
| 10-33-138 |
Foreign corporation ‑ Service of process |
| 10-33-139 |
Secretary of state ‑ Annual report of corporations and foreign corporations |
| 10-33-140 |
Secretary of state ‑ Fees and charges |
| 10-33-141 |
Secretary of state ‑ Enforcement ‑ Penalty ‑ Appeal |
| 10-33-141.1 |
Delivery to and filing of records by secretary of state and effective date |
| 10-33-141.2 |
Correcting a filed record |
| 10-33-141.3 |
Secretary of state ‑ Involuntary dissolution ‑ Revocation of certificate of authority |
| 10-33-142 |
Secretary of state ‑ Evidence |
| 10-33-142.1 |
Secretary of state ‑ Confidential records |
| 10-33-143 |
Secretary of state ‑ Forms |
| 10-33-144 |
Transaction by a nonprofit corporation operating or controlling a hospital or nursing home ‑ Notice to attorney general ‑ Waiting period |
| 10-33-145 |
Transaction by a nonprofit corporation or entity operating or controlling a hospital or nursing home ‑ Attorney general's powers and duties ‑ Experts ‑ Continuing appropriation |
| 10-33-146 |
Transaction by a nonprofit corporation or entity operating or controlling a hospital or nursing home ‑ Notice of decision ‑ Public meeting ‑ Meeting notice |
| 10-33-147 |
Transaction by a nonprofit corporation or entity operating or controlling a hospital or nursing home ‑ Attorney general decision |
| 10-33-148 |
Investigation ‑ Subpoena ‑ Hearing ‑ Powers of the attorney general |
| 10-33-149 |
Authority of the attorney general or a court is not impaired |
Chapter 10-34 - Real Estate Investment Trusts
| Section |
Section Name |
| 10-34-01 |
Definitions |
| 10-34-02 |
Real estate investment trust authorized |
| 10-34-02.1 |
Reservation of legislative right |
| 10-34-03 |
Relationship to other laws |
| 10-34-04 |
Compliance with title ‑ Registered office ‑ Registered agent |
| 10-34-05 |
Renewal of registration |
| 10-34-06 |
Service of process on real estate investment trust and nonresident trustees |
| 10-34-07 |
Powers |
| 10-34-08 |
Restrictions on investments and use ‑ Ownership of farmland prohibited |
| 10-34-09 |
Fees |
Chapter 10-35 - Publicly Traded Corporations
| Section |
Section Name |
| 10-35-01 |
Citation |
| 10-35-02 |
Definitions |
| 10-35-03 |
Application and effect of chapter |
| 10-35-04 |
Application of chapter 10‑19.1 |
| 10-35-05 |
Amendment of the bylaws |
| 10-35-06 |
Board of directors |
| 10-35-07 |
Nomination of directors |
| 10-35-08 |
Access to corporation's proxy statement |
| 10-35-09 |
Election of directors |
| 10-35-10 |
Reimbursement of proxy expenses |
| 10-35-11 |
Supermajority provisions prohibited |
| 10-35-12 |
Regular meeting of shareholders |
| 10-35-13 |
Call of special meeting of shareholders |
| 10-35-14 |
Shareholder proposals of business at a regular meeting |
| 10-35-15 |
Shareholder proposals of amendment of the articles |
| 10-35-16 |
Requirements for convening shareholder meetings |
| 10-35-17 |
Approval of certain issuances of shares |
| 10-35-18 |
Pre-emptive rights |
| 10-35-19 |
Conduct and business of shareholder meetings |
| 10-35-20 |
Action by shareholders without a meeting |
| 10-35-21 |
Financial statements |
| 10-35-22 |
Duration of poison pills limited |
| 10-35-23 |
Protection of power of current directors over poison pill |
| 10-35-24 |
Minimum share ownership triggering level for poison pills |
| 10-35-25 |
Optional restrictions or prohibitions on poison pills |
| 10-35-26 |
Adoption of antitakeover provisions |
| 10-35-27 |
Liberal construction |
| 10-35-28 |
Annual report ‑ Franchise fee |
| 10-35-29 |
Filing of annual report and payment of publicly traded corporation franchise fee |
| 10-35-30 |
Collection of publicly traded corporation franchise fee ‑ Preferred debt |
| 10-35-31 |
Penalties ‑ Administrative dissolution |
| 10-35-32 |
Secretary of state ‑ Powers ‑ Enforcement ‑ Penalty ‑ Appeal |
| 10-35-33 |
Funds received |
Chapter 10-36 - Nonprofit Limited Liability Company Act
| Section |
Section Name |
| 10-36-01 |
Citation |
| 10-36-02 |
Definitions |
| 10-36-03 |
Applicability of chapters 10‑32.1 and 10‑33 |
| 10-36-04 |
Tax status of a nonprofit limited liability company |
| 10-36-05 |
Limitations on persons who may be members |
| 10-36-06 |
Notice to and authority of attorney general |
| 10-36-07 |
Secretary of state ‑ Annual report of nonprofit limited liability companies and foreign nonprofit limited liability companies |
| 10-36-08 |
Secretary of state ‑ Fees and charges |
| 10-36-09 |
Secretary of state ‑ Enforcement ‑ Appeal ‑ Penalty |
Title 11 - Counties
Chapter 11-01 - Names and Boundaries of Counties
Chapter 11-02 - Organization of Counties From Unorganized Territory [Repealed]
Chapter 11-03 - Division of Counties
| Section |
Section Name |
| 11-03-01 |
Division of counties ‑ Electors' petition ‑ Election held |
| 11-03-02 |
Petition ‑ Contents ‑ Signers necessary |
| 11-03-03 |
Notice of election ‑ Canvass and return of votes cast |
| 11-03-04 |
Ballot ‑ Form |
| 11-03-05 |
Affirmative vote necessary ‑ Notice to secretary of state ‑ Notice to governor |
| 11-03-06 |
Governor to appoint county commissioners ‑ When county deemed in existence |
| 11-03-07 |
Temporary county seat ‑ How located |
| 11-03-08 |
Board of county commissioners to appoint county officers ‑ Exception |
| 11-03-09 |
Division of county into commissioners' districts ‑ Terms of office of commissioners first elected |
| 11-03-10 |
Records to be transcribed |
| 11-03-11 |
Indebtedness of new county to original county ‑ How and when determined |
| 11-03-12 |
Indebtedness of new county to original county to be paid in bonds |
| 11-03-13 |
Issuance of bonds ‑ Classification ‑ Exchange by original county |
| 11-03-14 |
County treasurer to keep bond register |
| 11-03-15 |
Commissioners of new county to issue bonds in denominations required by original county ‑ Exception ‑ Delivery |
| 11-03-16 |
Tax levy by new county for payment of bonds |
| 11-03-17 |
Tax collected for payment of bonds must be used for that purpose ‑ Use of surplus |
| 11-03-18 |
Payment to new county when public funds of original county exceed its indebtedness |
| 11-03-19 |
Special funds belonging to taxing districts within new county ‑ Delivery ‑ Distribution |
| 11-03-20 |
Commissioners of original county to fill vacancies and redistrict county |
| 11-03-21 |
School and road districts renumbered and renamed |
| 11-03-22 |
Validity of bonds issued by school district not affected by division |
| 11-03-23 |
Original county cannot collect revenue in new county |
| 11-03-24 |
New county within judicial district |
| 11-03-25 |
Judges to appoint term of district court in new county |
| 11-03-26 |
Writs, bonds, and recognizances issued from new county |
| 11-03-27 |
Fees of county commissioners |
| 11-03-28 |
Elections governed by general election law |
Chapter 11-04 - County Seat Location and Removal
| Section |
Section Name |
| 11-04-01 |
Selection of candidates for permanent county seat at primary election |
| 11-04-02 |
Petitions for permanent location of county seat |
| 11-04-03 |
General election on question of permanent location of county seat |
| 11-04-04 |
County seat ‑ Removal ‑ Petition ‑ Election |
| 11-04-05 |
Petition for removal of county seat must be verified |
| 11-04-06 |
Election on county seat removal ‑ Notice ‑ How conducted ‑ Returns ‑ How made |
| 11-04-07 |
Form of ballot on county seat removal |
| 11-04-08 |
Affirmative vote necessary to remove county seat ‑ Notice of result |
| 11-04-09 |
Contents of notice of county seat removal ‑ When county seat deemed changed |
| 11-04-10 |
Statement of result of election for removal of county seat ‑ Where filed |
| 11-04-11 |
Interval required between elections for the removal of a county seat |
| 11-04-12 |
County seat not on railroad ‑ Election any year |
| 11-04-13 |
City recognized as county seat ‑ Removal and relocation |
Chapter 11-05 - Consolidation of Counties
| Section |
Section Name |
| 11-05-01 |
Definition of terms |
| 11-05-02 |
Board of county commissioners to submit consolidation plan to electorate |
| 11-05-03 |
Consolidation of all territory within organized county with two or more counties ‑ Petitions required ‑ Election |
| 11-05-04 |
Notice of election ‑ How given |
| 11-05-05 |
Form of ballot |
| 11-05-06 |
Canvass of votes and returns ‑ How made |
| 11-05-07 |
Affirmative vote necessary to consolidate counties |
| 11-05-08 |
Resubmission of question |
| 11-05-09 |
County auditor to notify secretary of state of result of election |
| 11-05-09.1 |
Officer elections |
| 11-05-09.2 |
Consolidated county |
| 11-05-10 |
Secretary of state to notify governor of result of election ‑ Governor's proclamation |
| 11-05-11 |
Equalization of assets and liabilities of counties |
| 11-05-11.1 |
Arbitration of disagreement |
| 11-05-12 |
Records and equipment transferred to adjoining county |
| 11-05-13 |
Money and property delivered to adjoining county ‑ Money to be kept in separate fund |
| 11-05-14 |
When consolidation is complete |
| 11-05-15 |
Officers of petitioning county to hold office until time expires ‑ Duties |
| 11-05-16 |
Judicial actions and proceedings transferred to courts of adjoining county |
| 11-05-17 |
Trial of criminal cases transferred to adjoining county |
| 11-05-18 |
Officers shall not be elected in petitioning county |
| 11-05-19 |
Members of board of county commissioners of petitioning county to meet with board of adjoining county ‑ Expiration of terms of officers of petitioning county |
| 11-05-20 |
Board of county commissioners of adjoining county to redistrict new county |
| 11-05-21 |
Compensation of commissioners of petitioning county ‑ Vacancy not to be filled |
| 11-05-22 |
Territory in petitioning county to remain in same legislative district until apportionment ‑ Election of legislators ‑ How conducted |
| 11-05-23 |
Authority of officers of adjoining county |
| 11-05-24 |
Petitioning and adjoining counties liable for only their own debts |
| 11-05-25 |
Power of consolidated county to levy taxes to pay debts |
| 11-05-26 |
Board of county commissioners of consolidated county may issue evidences of indebtedness |
| 11-05-27 |
Suits against petitioning county brought against adjoining county ‑ Payment of judgment against petitioning county |
Chapter 11-05.1 - County Consolidation Committee
Chapter 11-06 - Changing County Lines
| Section |
Section Name |
| 11-06-01 |
Changing county lines by transfer of territory from one county to another authorized ‑ Petitions required |
| 11-06-02 |
Area and population requirements of county after change in boundaries ‑ When petition disregarded |
| 11-06-03 |
Election required ‑ Duties of boards of county commissioners |
| 11-06-03.1 |
Boards of county commissioners to submit plan of county consolidation committee to electors |
| 11-06-04 |
Election ‑ Notice ‑ Ballot ‑ Returns |
| 11-06-05 |
Petition and election within three years of prior election |
| 11-06-06 |
When territory transferred ‑ Assessment of taxes ‑ Judicial and official proceedings ‑ Township officers continue in office |
| 11-06-07 |
Debts of transferred territory ‑ Payment to county from which transferred |
| 11-06-08 |
Redistricting when county enlarged |
| 11-06-09 |
When territory less than one congressional township ‑ Election |
Chapter 11-07 - Redistricting County
| Section |
Section Name |
| 11-07-01 |
County redistricting board ‑ Membership ‑ Powers |
| 11-07-02 |
When districts must be changed ‑ Additional meeting ‑ Public hearing ‑ Notice |
| 11-07-03 |
Method of redistricting ‑ Election of commissioners at large if redistricting not accomplished by time certain |
| 11-07-03.1 |
Optional method of redistricting ‑ Board of county commissioners may exercise option ‑ Combination of districts ‑ Election at large of candidates from districts |
| 11-07-04 |
Commissioners' terms of office ‑ Staggered terms |
| 11-07-05 |
First redistricting under chapter |
| 11-07-06 |
Petitions ‑ Signers required ‑ Submission of question to voters |
Chapter 11-08 - County Consolidated Office Form of County Government
| Section |
Section Name |
| 11-08-01 |
Who may adopt county consolidated office form of government |
| 11-08-02 |
Board of county commissioners to submit plan to electorate |
| 11-08-02.1 |
Board of county commissioners may submit plan |
| 11-08-03 |
Election ‑ Notice ‑ How conducted ‑ Canvass ‑ Return |
| 11-08-04 |
Ballot ‑ Form |
| 11-08-05 |
Vote required ‑ Effective date ‑ Procedure for discontinuance |
| 11-08-06 |
Officers in county adopting consolidated office form of government |
| 11-08-07 |
Appointive officers ‑ County commissioners, sheriff, and state's attorney elected ‑ Terms of office ‑ How vacancy filled |
| 11-08-08 |
When appointment of officers made ‑ Qualification |
| 11-08-09 |
Compensation of officers |
| 11-08-10 |
Sheriff or state's attorney of adjoining county may run for election ‑ Term of office ‑ Compensation |
| 11-08-11 |
Powers and duties of county auditor |
| 11-08-12 |
Powers and duties of board of county commissioners |
| 11-08-13 |
Powers and duties of other officers |
| 11-08-14 |
Deputies and employees ‑ Appointment ‑ Compensation ‑ Terms |
| 11-08-15 |
Removal of officers |
Chapter 11-09 - County Managership
| Section |
Section Name |
| 11-09-01 |
County manager government ‑ Forms |
| 11-09-02 |
Board of county commissioners to submit plan to electorate |
| 11-09-02.1 |
Petition ‑ Question submitted to electors |
| 11-09-03 |
Board of county commissioners may submit plan |
| 11-09-04 |
Notice of election ‑ How election held ‑ Canvass ‑ Return |
| 11-09-05 |
Ballot for submitting question of the adoption of one of the county manager forms of government |
| 11-09-06 |
Ballot for submitting question of adopting the short form of county managership |
| 11-09-07 |
Vote required ‑ Effective date |
| 11-09-08 |
Board of county commissioners ‑ Election ‑ Term of office ‑ Vacancies |
| 11-09-09 |
Powers of board of county commissioners ‑ Failure of witness to obey order of board is a misdemeanor |
| 11-09-10 |
Appointment of county manager ‑ Tenure of office ‑ Compensation |
| 11-09-10.1 |
Election of county manager ‑ Tenure of office ‑ Compensation ‑ Vacancy ‑ Removal ‑ Recall |
| 11-09-11 |
Manager and officers attend meetings of board of county commissioners |
| 11-09-12 |
Powers and duties of county manager |
| 11-09-13 |
Removal of an appointed county manager |
| 11-09-14 |
Administrative activities, responsibility of county manager |
| 11-09-15 |
Administrative activities assigned to departments in county adopting county manager form of government |
| 11-09-16 |
Directors of departments appointed |
| 11-09-17 |
Auditor ‑ Who to act |
| 11-09-18 |
State's attorney to be elected ‑ Powers ‑ Duties |
| 11-09-19 |
Sheriff ‑ Election ‑ Duties ‑ Powers |
| 11-09-20 |
Treasurer ‑ Who to perform functions |
| 11-09-21 |
Designation of depository in lieu of appointment of treasurer |
| 11-09-22 |
County judge ‑ Election ‑ Duties |
| 11-09-23 |
Clerk of the district court ‑ Who shall act |
| 11-09-24 |
County superintendent of schools ‑ Election or appointment ‑ Duties |
| 11-09-25 |
Recorder ‑ Who to act |
| 11-09-26 |
Constable ‑ Office abolished ‑ Who to perform duties |
| 11-09-27 |
Coroner ‑ Office abolished ‑ Who to perform duties |
| 11-09-28 |
County justice ‑ Office abolished ‑ Who to perform duties |
| 11-09-29 |
Public administrator ‑ Office abolished ‑ Who to perform duties |
| 11-09-30 |
Surveyor ‑ Office abolished ‑ Who to perform duties |
| 11-09-31 |
When not clear who is to exercise power, board of county commissioners designate officer |
| 11-09-32 |
Appointment of subordinates ‑ Terms of office |
| 11-09-33 |
Removal of subordinate officers and employees |
| 11-09-34 |
Bonds of county officers |
| 11-09-35 |
Schedule of compensation |
| 11-09-36 |
Salary of subordinates ‑ Fees paid over to treasurer |
| 11-09-37 |
County officers and employees to pay public moneys to treasurer |
| 11-09-38 |
Board of county commissioners not to interfere in appointments or removals ‑ Penalty |
| 11-09-39 |
Preparation and submission of the budget |
| 11-09-40 |
Finances ‑ Administration |
| 11-09-41 |
No money drawn from treasury unless in pursuance of appropriation ‑ Accounts of appropriations |
| 11-09-42 |
Reports of financial officer to board of county commissioners |
| 11-09-43 |
Books of officers, manager, director of finance audited |
| 11-09-44 |
Purchasing agent ‑ Powers and duties ‑ Supplies purchased on bids ‑ Sale of supplies |
| 11-09-45 |
Public works ‑ Who in charge ‑ Duties |
| 11-09-46 |
Public welfare ‑ Who in charge ‑ Duties |
| 11-09-47 |
Interest in contracts by officers and employees prohibited |
| 11-09-48 |
Election as to retention of plan |
Chapter 11-09.1 - Home Rule Counties
| Section |
Section Name |
| 11-09.1-01 |
Methods of proposing home rule charter |
| 11-09.1-02 |
Charter commission ‑ Membership ‑ Preparation and submission of charter ‑ Compensation and expenses ‑ Publication |
| 11-09.1-03 |
Submission of charter to electors |
| 11-09.1-04 |
Ratification by majority vote ‑ Supersession of existing charter and conflicting state laws ‑ Exception ‑ Filing of copies of new charter |
| 11-09.1-04.1 |
Multicounty home rule |
| 11-09.1-05 |
Powers |
| 11-09.1-05.1 |
Sales tax revenue transfer to school districts prohibited |
| 11-09.1-06 |
Amendment or repeal |
| 11-09.1-06.1 |
Conformance with statute or court order ‑ Amendment |
| 11-09.1-07 |
Commission ‑ Terms of office ‑ Vacancies |
| 11-09.1-08 |
Restriction on proposals to amend or repeal |
| 11-09.1-09 |
Manner of calling and holding elections |
| 11-09.1-10 |
Effect of amendment or repeal on salary or term of office |
| 11-09.1-11 |
General powers preserved |
| 11-09.1-12 |
Vested property ‑ Rights of action ‑ Actions saved |
| 11-09.1-13 |
Enforcement of criminal penalties |
| 11-09.1-14 |
Payment of expenses for indigent defense services |
Chapter 11-09.2 - County Lodging Tax
| Section |
Section Name |
| 11-09.2-01 |
County lodging tax ‑ Imposition ‑ Amount ‑ Disposition |
| 11-09.2-02 |
County lodging and restaurant tax ‑ Imposition ‑ Amount ‑ Disposition |
| 11-09.2-03 |
County visitors' promotion fund ‑ Establishment ‑ Purpose |
| 11-09.2-04 |
Budget ‑ Contracts |
| 11-09.2-05 |
Payment of tax ‑ Collection by tax commissioner ‑ Administrative expenses allowed ‑ Rules |
Chapter 11-10 - General Provisions
| Section |
Section Name |
| 11-10-01 |
County a corporate body ‑ Powers |
| 11-10-02 |
Number and election of county officers |
| 11-10-02.1 |
Employment of county surveyors |
| 11-10-02.2 |
County supervisor of assessments ‑ Appointment |
| 11-10-02.3 |
Appointment of state's attorney upon voter approval |
| 11-10-03 |
Additional justices and constables for unorganized townships |
| 11-10-04 |
Officer must be qualified elector ‑ Exceptions |
| 11-10-04.1 |
Board members must reside in taxing district |
| 11-10-05 |
When terms of county officers commence ‑ When officers qualify |
| 11-10-05.1 |
When terms of county commissioners commence |
| 11-10-06 |
Bonds of county officers |
| 11-10-07 |
Bonds required in counties where offices consolidated |
| 11-10-08 |
Bonds of county officers to be recorded |
| 11-10-09 |
Oath of county officers |
| 11-10-10 |
Salaries of elected county officers |
| 11-10-10.1 |
Legislative intent in regard to county salaries |
| 11-10-10.2 |
Salary of clerk of the district court |
| 11-10-10.3 |
Salaries of county superintendents of schools for 1947, 1948, 1949, and 1950 |
| 11-10-10.4 |
Compensation and expenses of county commissioners for 1949, 1950, 1951, and 1952 |
| 11-10-10.5 |
County superintendent of schools ‑ Officer |
| 11-10-11 |
Appointment and salary of deputies and clerks |
| 11-10-12 |
Deputy county officials ‑ Bonds |
| 11-10-13 |
Oath of deputies |
| 11-10-14 |
Fees received by county officers turned over to county treasurer |
| 11-10-15 |
Mileage of officials and employees |
| 11-10-16 |
Statement to claim mileage |
| 11-10-17 |
Officers to make settlement |
| 11-10-18 |
Penalty for failure to render or settle accounts |
| 11-10-19 |
Use of photography in making county records |
| 11-10-19.1 |
Use of photography in making county records |
| 11-10-20 |
Board of county commissioners to provide offices, courtroom, jail ‑ Where public records kept ‑ Authorization for central filing of documents of recorder and clerk of district court |
| 11-10-21 |
Committee to purchase certain supplies for county |
| 11-10-22 |
Unlawful for officer to purchase county warrant or evidence of debt ‑ Penalty |
| 11-10-23 |
Fee bill to be posted ‑ Penalty |
| 11-10-24 |
Authorization to organize associations of county governments |
| 11-10-25 |
Nepotism by county officials restricted |
| 11-10-26 |
Appeal after deposit for taking |
| 11-10-27 |
Presumption of regular adoption, enactment, or amendment of resolution or ordinance |
| 11-10-28 |
Newly elected or appointed county officials ‑ Training |
| 11-10-29 |
Refund of taxes or fees ‑ Minimum amount |
| 11-10-30 |
Acceptance of payment by credit card or other payment method |
| 11-10-31 |
Addition of penalty to traffic signs ‑ Requirements |
| 11-10-32 |
Prohibition ‑ Connection of utility services |
| 11-10-33 |
When a county may maintain or vacate streets in a dissolved city |
Chapter 11-10.1 - County Director of Tax Equalization
| Section |
Section Name |
| 11-10.1-01 |
County director of tax equalization |
| 11-10.1-02 |
Bond ‑ Oath of office |
| 11-10.1-03 |
Deputies ‑ Clerks |
| 11-10.1-04 |
Payment of expenses |
| 11-10.1-05 |
Powers and duties of county director of tax equalization ‑ Qualifications of assessors |
| 11-10.1-06 |
Assumption of certain duties by county director of tax equalization |
| 11-10.1-07 |
Joint county director of tax equalization ‑ County directors may also be city assessors or township assessors |
Chapter 11-10.2 - County Officer Combination, Separation, and Redesignation
| Section |
Section Name |
| 11-10.2-01 |
County officer combination, separation, and redesignation options |
| 11-10.2-02 |
Methods of accomplishing office combination, separation, or redesignation of elective or appointive status |
| 11-10.2-03 |
Analysis required ‑ Contents of plan ‑ Limitations |
| 11-10.2-04 |
Plan implementation ‑ Revision or abandonment of plan |
| 11-10.2-05 |
Combination or separation of appointive offices |
Chapter 11-10.3 - Multisubdivisions Office Combinations
| Section |
Section Name |
| 11-10.3-01 |
Multicounty combination of elective offices |
| 11-10.3-02 |
Contents of plan ‑ Limitations |
| 11-10.3-03 |
Office sharing among political subdivisions |
Chapter 11-11 - Board of County Commissioners
| Section |
Section Name |
| 11-11-01 |
Number of county commissioners |
| 11-11-02 |
Commissioner must be resident of district ‑ Exceptions |
| 11-11-03 |
Term of office of commissioners |
| 11-11-03.1 |
Commissioners' service on other boards ‑ Term |
| 11-11-04 |
Specific provisions to be contained in bond of county commissioners |
| 11-11-05 |
Meetings of board ‑ Time and place ‑ Pledge of allegiance |
| 11-11-05.1 |
Joint meetings of boards of county commissioners for consideration of levies of taxing districts in multiple counties |
| 11-11-06 |
Sessions of board to be public ‑ County matters heard at session only |
| 11-11-07 |
Quorum ‑ Tie vote defers decision |
| 11-11-08 |
Chairman ‑ Election ‑ Duties |
| 11-11-09 |
County seal |
| 11-11-10 |
Power of board to preserve order ‑ Fines ‑ Collection |
| 11-11-11 |
General duties of board of county commissioners |
| 11-11-12 |
Board of county commissioners to provide courts with supplies and attendants |
| 11-11-13 |
Board to ascertain amount of satisfaction of tax lien money |
| 11-11-14 |
Powers of board of county commissioners |
| 11-11-15 |
Board may obtain copies of field notes and plats made by United States government |
| 11-11-16 |
Board has power to erect, repair, and maintain buildings from current revenue |
| 11-11-17 |
Board of county commissioners may supervise the building or repairing of roads, bridges, and property of the county ‑ Compensation |
| 11-11-18 |
Board to submit extraordinary outlay to vote |
| 11-11-19 |
When commissioners may purchase land without election |
| 11-11-19.1 |
Lease purchase ‑ Building authority |
| 11-11-20 |
Notice of election on question of extraordinary expenditure |
| 11-11-21 |
Proposition to tax must accompany question submitted |
| 11-11-22 |
Vote necessary ‑ How tax levied and collected |
| 11-11-23 |
Record of vote ‑ Board cannot rescind |
| 11-11-24 |
Limitation on tax levy for extraordinary expenditure |
| 11-11-25 |
Money applied only to expenditure for which raised |
| 11-11-25.1 |
Disposition of unexpended and unencumbered county taxes levied for a specific purpose |
| 11-11-26 |
When board shall advertise for bids for fuel |
| 11-11-27 |
Contents of fuel bids advertisement ‑ When bids may be opened ‑ Lowest bidder accepted |
| 11-11-28 |
Bid must be accompanied by a bond ‑ When certified or cashier's check allowed |
| 11-11-29 |
Contract ‑ Form ‑ Contents ‑ Majority vote necessary ‑ When payment made |
| 11-11-30 |
When contracts for furnishing election supplies let |
| 11-11-31 |
Construction of public buildings ‑ Bond of contractor |
| 11-11-32 |
Commissioners may employ architect ‑ Compensation |
| 11-11-33 |
Special funds may be transferred |
| 11-11-34 |
Auditing building accounts of board of county commissioners |
| 11-11-35 |
Board to keep records of proceedings |
| 11-11-36 |
Order of business |
| 11-11-37 |
Proceedings of board of county commissioners to be published in official newspaper ‑ When published |
| 11-11-38 |
Proceedings of county commissioners ‑ Copies received as evidence |
| 11-11-39 |
Appeal from decision of board by aggrieved person ‑ Bond ‑ Costs and fees payable |
| 11-11-40 |
Appeal from decision of board by county by state's attorney on demand |
| 11-11-41 |
Notice |
| 11-11-42 |
When appeal filed ‑ When tried |
| 11-11-43 |
Appeals docketed ‑ Procedure |
| 11-11-44 |
District court may enter final judgment on appeal ‑ Enforcement |
| 11-11-45 |
Judgments against counties ‑ Power of board of county commissioners |
| 11-11-46 |
Payment of judgment obtained by state or an agency thereof against county ‑ Duty of county commissioners and auditor |
| 11-11-47 |
Tax is paid into judgment payment fund |
| 11-11-48 |
Property in county not subject to seizure for judgment |
| 11-11-49 |
Board may offer reward |
| 11-11-50 |
Former members of armed services' room in courthouses |
| 11-11-51 |
Petitions to board of county commissioners ‑ Qualifications of signers |
| 11-11-52 |
Board may provide room for historical society |
| 11-11-53 |
Appropriation for historical works ‑ Authorization of tax levy ‑ Approval of state historical society and attorney general |
| 11-11-53.1 |
Donation of historical artifacts |
| 11-11-54 |
Nonprofit fair corporations ‑ Receipt of real or personal property for fair purposes |
| 11-11-55 |
County may agree to make improvements on private roads ‑ Costs of improvements to constitute lien on real estate |
| 11-11-55.1 |
Petition or resolution for improvements ‑ Levy of special assessments ‑ Levy of infrastructure fee |
| 11-11-56 |
Comprehensive health planning by counties and county funding of areawide comprehensive health planning |
| 11-11-57 |
Counties may cooperate in predatory animal and injurious rodent control |
| 11-11-57.1 |
Funds available for predatory control |
| 11-11-58 |
Programs and activities for senior citizens ‑ Expenditure of funds |
| 11-11-59 |
Creation of booster station by election |
| 11-11-60 |
Booster station tax levy authorized |
| 11-11-61 |
Booster station levy exemptions ‑ Townships not served |
| 11-11-62 |
County restriction of adult establishments ‑ Definitions |
| 11-11-63 |
Spouse abuse programs ‑ Expenditure of funds |
| 11-11-64 |
Bond guarantee fund ‑ Purpose ‑ Limitations |
| 11-11-65 |
Programs and activities for handicapped persons ‑ Expenditure of funds |
| 11-11-66 |
Board may establish centennial coordinating committee |
| 11-11-67 |
Programs and activities of nonprofit organizations that assist the arts ‑ Expenditure of funds |
| 11-11-68 |
Limitation on authority ‑ Seed |
| 11-11-69 |
Cooperative purchasing ‑ Authorized |
| 11-11-70 |
Development by a foreign adversary ‑ Prohibition |
| 11-11-71 |
Floodplain management ordinances ‑ Requirements ‑ Limitations ‑ Definitions ‑ Enforcement |
Chapter 11-11.1 - Job Development Authorities
| Section |
Section Name |
| 11-11.1-01 |
Job development authority ‑ Board of directors' members qualifications |
| 11-11.1-01.1 |
Joint job development authority ‑ Board of directors |
| 11-11.1-02 |
Members of the job development authority board of directors ‑ Term of office ‑ Oath ‑ Expenses |
| 11-11.1-03 |
Powers and duties of job development authorities |
| 11-11.1-04 |
Tax levy for job development authorities ‑ Financial report |
| 11-11.1-05 |
Organization of authorities ‑ Temporary mill levy |
| 11-11.1-06 |
Alternative levy for industrial development organizations |
| 11-11.1-07 |
Dedication of tax revenues |
Chapter 11-12 - Changing Number of County Commissioners
| Section |
Section Name |
| 11-12-01 |
Petition to change number of county commissioners ‑ Election on question |
| 11-12-02 |
Notice of election ‑ How given |
| 11-12-03 |
Ballot ‑ Form |
| 11-12-04 |
Increase in number of commissioners authorized ‑ New districts formed |
| 11-12-05 |
Commissioners for new districts appointed |
| 11-12-06 |
Commissioners for new districts ‑ When elected ‑ Terms of office |
| 11-12-07 |
Decrease in number of commissioners authorized ‑ Redistricting county ‑ When effective |
Chapter 11-13 - County Auditor
| Section |
Section Name |
| 11-13-01 |
When county auditor to qualify and take office |
| 11-13-02 |
Duties of county auditor |
| 11-13-02.1 |
Duties of county official in rendering services to private individuals, firms, or corporations ‑ Fees to be charged ‑ Disposition of fees ‑ Records to be kept |
| 11-13-03 |
Auditor's reception book |
| 11-13-04 |
Auditor is chief financial officer of county ‑ To keep account with treasurer |
| 11-13-05 |
Verification of cash |
| 11-13-06 |
Auditor to issue warrants to taxing districts |
| 11-13-07 |
County auditor to keep tax deed record |
| 11-13-08 |
Certified copy of tax deed record prima facie evidence |
| 11-13-09 |
Auditor to furnish copy of proceedings of board of county commissioners to newspaper |
| 11-13-10 |
Auditor to certify abstracts ‑ Fees |
| 11-13-11 |
Auditor to prepare plats of school districts ‑ Record |
| 11-13-12 |
Auditor's certificate of taxes and special assessments on deeds, contracts for deed, plats, replats, and patents |
| 11-13-13 |
Auditor's record of transfer of title to real property |
| 11-13-14 |
Auditor's certificate on conveyances to the state of North Dakota ‑ Recording conveyance |
| 11-13-15 |
County auditor to furnish tax information to mortgagee of lands in county |
| 11-13-16 |
When county auditor may call special election |
| 11-13-17 |
Destruction of county records |
| 11-13-18 |
Reporting name of blind person for which exemption is claimed |
Chapter 11-14 - County Treasurer
| Section |
Section Name |
| 11-14-01 |
Treasurer eligible two terms only |
| 11-14-02 |
When county treasurer to qualify and take office |
| 11-14-03 |
Additional bond may be required of treasurer |
| 11-14-04 |
Failure to give additional bond |
| 11-14-05 |
County treasurer to certify abstracts ‑ Fees |
| 11-14-06 |
County treasurer to receive and pay out county money |
| 11-14-07 |
Treasurer to keep record of cash |
| 11-14-08 |
Duties of the county treasurer ‑ Annual settlement |
| 11-14-09 |
Treasurer's receipts for money received ‑ Copy deposited with auditor |
| 11-14-10 |
Daily report to auditor ‑ Distribution of funds |
| 11-14-11 |
Report to township clerks |
| 11-14-12 |
Statement to township clerk of amount paid to township treasurer |
| 11-14-13 |
Treasurer's accounts with school districts ‑ Disbursements |
| 11-14-14 |
Reports of disbursements of funds to school districts |
| 11-14-15 |
Receipts and warrants to be delivered to school district business manager |
| 11-14-16 |
When treasurer shall pay over the funds collected |
| 11-14-17 |
Treasurer not credited with interest paid unless warrant endorsed |
| 11-14-18 |
Failure of treasurer to make settlement ‑ Auditor to start suit |
| 11-14-19 |
Treasurer not to speculate in county warrants ‑ Penalty |
| 11-14-20 |
Loaning county funds ‑ Penalty |
| 11-14-21 |
County treasurer's final settlement |
Chapter 11-15 - Sheriff
| Section |
Section Name |
| 11-15-01 |
Sheriff eligible for two terms only |
| 11-15-01.1 |
Sheriff must be qualified elector and must receive required training ‑ Exception |
| 11-15-02 |
Sheriff may appoint special deputies ‑ Compensation |
| 11-15-03 |
Duties of sheriff |
| 11-15-03.1 |
Salary of county sheriff |
| 11-15-04 |
Sheriff to execute all process |
| 11-15-05 |
To exhibit process |
| 11-15-06 |
Duty of sheriff to serve papers in civil action ‑ When coroner to perform duties of sheriff |
| 11-15-07 |
County fees |
| 11-15-08 |
Commissions collected by sheriff |
| 11-15-09 |
Allowances when plaintiff bids in property at sale |
| 11-15-10 |
Fees in county court |
| 11-15-11 |
Sheriff's expense of preserving property ‑ Approval of court required |
| 11-15-12 |
Sheriff's mileage |
| 11-15-13 |
Fees to be endorsed on process |
| 11-15-14 |
Sheriff's fees collectible in advance ‑ Report of fees ‑ Mileage in criminal cases |
| 11-15-15 |
Penalties for not reporting or turning over fees |
| 11-15-16 |
Return prima facie evidence of facts stated therein |
| 11-15-17 |
Liability for failure to execute process |
| 11-15-18 |
Liability for failure to make return |
| 11-15-19 |
Liability for failure to pay over money |
| 11-15-20 |
When sheriff not liable for rescue or escape |
| 11-15-21 |
Service of papers other than process on sheriff |
| 11-15-22 |
Service of process on sheriff |
| 11-15-23 |
Liability of sheriff for appropriating deputy's salary |
| 11-15-24 |
Transportation of prisoner |
| 11-15-25 |
Fees for transporting persons committed to custody of department of corrections and rehabilitation or state hospital |
| 11-15-25.1 |
Fees for transporting persons who have escaped or violated probation |
| 11-15-26 |
Sheriff to deliver commitment papers to warden and receive receipt for prisoner |
| 11-15-27 |
General powers of county constable ‑ Fees |
| 11-15-28 |
Sheriff prohibited from collecting notes ‑ Penalty |
| 11-15-29 |
Uniform for sheriffs and sheriffs' deputies |
| 11-15-30 |
Standard uniform established |
| 11-15-31 |
Uniform surrendered upon termination of employment |
| 11-15-32 |
Issuance of civil protection orders ‑ Duty of sheriff |
| 11-15-33 |
County law enforcement officer ‑ Jurisdiction ‑ Fresh pursuit |
Chapter 11-16 - State's Attorney
| Section |
Section Name |
| 11-16-01 |
Duties of the state's attorney |
| 11-16-01.1 |
Restitution collection and enforcement |
| 11-16-02 |
Assistant ‑ Appointment ‑ Duties |
| 11-16-03 |
Person receiving receipt from state's attorney to file the same |
| 11-16-04 |
Penalty for failure to pay over moneys |
| 11-16-05 |
Restrictions on powers of state's attorney ‑ Option regarding full‑time state's attorneys ‑ Penalty for breach of duty |
| 11-16-06 |
Failure of state's attorney to perform duty ‑ Power of court ‑ Appointment of acting state's attorney |
| 11-16-07 |
District judge may appoint special counsel to assist state's attorney ‑ Compensation |
| 11-16-08 |
County commissioners may employ special counsel for the county |
| 11-16-09 |
State's attorney's contingent fund |
| 11-16-10 |
Use of state's attorney's contingent fund |
| 11-16-11 |
District judge to require statement before approving order for payment from state's attorney's contingent fund |
| 11-16-12 |
Statement of expense paid from state's attorney's contingent fund to be filed |
| 11-16-13 |
Warrants on state's attorney's contingent fund |
| 11-16-14 |
Unexpired balance of state's attorney's contingent fund |
| 11-16-15 |
Criminal act causing death ‑ Felony ‑ Inquiry ‑ State's attorney may subpoena witnesses |
| 11-16-16 |
Prosecution‑led diversion program |
Chapter 11-17 - Clerk of District Court [Repealed]
Chapter 11-18 - Recorder
| Section |
Section Name |
| 11-18-01 |
Recorder's duties ‑ Recording and filing instruments ‑ Abstracts |
| 11-18-01.1 |
Recorder to be substituted for register of deeds |
| 11-18-02 |
Recorder not to record certain instruments unless they bear auditor's certificate of transfer |
| 11-18-02.1 |
Duty of recorder to notify county auditor of certain transactions ‑ Correction of tax rolls by county auditor |
| 11-18-02.2 |
Statements of full consideration to be filed with recorder ‑ Procedure ‑ Penalty |
| 11-18-03 |
Instruments entitled to record without regard to taxes |
| 11-18-04 |
Seal of recorder |
| 11-18-05 |
Fees of recorder |
| 11-18-05.1 |
Additional recording fees ‑ Severed mineral interests |
| 11-18-06 |
Recorder to keep an accounting record of fees ‑ Monthly reports |
| 11-18-07 |
Tract indexes to be kept for transfers and for liens ‑ Form of indexes |
| 11-18-08 |
Separate grantor and grantee indexes to be kept for transfers and liens ‑ Contents |
| 11-18-09 |
Document to be numbered ‑ Priority of filing |
| 11-18-10 |
Recorder to keep reception record ‑ Contents |
| 11-18-11 |
Recorder to record instruments |
| 11-18-12 |
Record, when complete ‑ Penalty for alteration |
| 11-18-13 |
Indexing and filing security agreements |
| 11-18-14 |
Recorder to remove and destroy certain documents ‑ Records to be made |
| 11-18-15 |
Notary seal on documents filed with recorder ‑ Stamp or imprint allowed |
| 11-18-16 |
Buried transmission facilities ‑ Filing notice thereof |
| 11-18-17 |
Establishment of a county card file system |
| 11-18-18 |
Request of exact location from owner of facilities ‑ Owner to provide location information |
| 11-18-19 |
Injury or damage to the facility ‑ Civil cause of action |
| 11-18-20 |
Card to be used in submitting information to county recorders |
| 11-18-21 |
Alteration of existing boundary lines by court or arbitrator ‑ Filing of plat required |
| 11-18-22 |
Document preservation fund |
| 11-18-22.1 |
Document preservation fund ‑ Recorder reporting requirement to legislative council |
| 11-18-23 |
Filing or recording documents with recorder ‑ Social security numbers |
Chapter 11-19 - County Coroner [Repealed]
Chapter 11-19.1 - Medical County Coroner
| Section |
Section Name |
| 11-19.1-01 |
Definitions |
| 11-19.1-02 |
County coroner |
| 11-19.1-03 |
Appointment of coroner ‑ Term ‑ Vacancy |
| 11-19.1-04 |
Eligibility |
| 11-19.1-05 |
Appointment of assistant |
| 11-19.1-06 |
Individuals authorized to act in absence of coroner |
| 11-19.1-07 |
Reports of death ‑ Death of minor |
| 11-19.1-07.1 |
Willful disturbance of dead body ‑ Penalty |
| 11-19.1-08 |
Records of coroner's office |
| 11-19.1-09 |
State's attorney may subpoena witnesses |
| 11-19.1-10 |
Deceased human bodies to be held pending investigation |
| 11-19.1-11 |
Autopsies ‑ Notice of results |
| 11-19.1-12 |
Coroner may order removal of body |
| 11-19.1-13 |
Cause of death ‑ Determination |
| 11-19.1-14 |
Disinterment of dead bodies |
| 11-19.1-15 |
Notice of next of kin, disposition of personal belongings ‑ Disposition of body when next of kin cannot be found |
| 11-19.1-16 |
Coroner's fees paid out of county treasury ‑ Fees to be charged by coroner ‑ Duty of county auditor ‑ Certain expenses paid by the state |
| 11-19.1-17 |
Application |
| 11-19.1-18 |
State forensic examiner ‑ Authority ‑ Costs |
| 11-19.1-19 |
Required reports to state forensic examiner |
| 11-19.1-20 |
State forensic examiner ‑ Required consultation |
Chapter 11-20 - County Surveyor
| Section |
Section Name |
| 11-20-01 |
Duties of county surveyor ‑ Surveys presumptively correct |
| 11-20-02 |
Deputies ‑ Appointment ‑ Removal |
| 11-20-03 |
Assistants ‑ Appointment ‑ Qualifications |
| 11-20-04 |
Oath of assistants to county surveyor |
| 11-20-05 |
Certificate presumptive evidence |
| 11-20-06 |
When surveyor of adjoining county may act |
| 11-20-07 |
Form of surveys |
| 11-20-08 |
Record of original field notes required |
| 11-20-09 |
Contents of record of original field notes |
| 11-20-10 |
Original field notes part of record ‑ Where books kept |
| 11-20-11 |
What surveys shall be recorded |
| 11-20-12 |
Contents of record of survey |
| 11-20-13 |
Records of county surveyor as evidence |
| 11-20-14 |
Surveys for private landowners ‑ How expenses paid |
| 11-20-14.1 |
Disputed property lines ‑ Petition to district court ‑ Effect of survey ‑ Payment of expenses |
| 11-20-15 |
Section corners ‑ How made ‑ Removal of markers ‑ Penalty |
| 11-20-16 |
Fees of county surveyor |
| 11-20-17 |
Assistants ‑ How paid |
| 11-20-18 |
Papers to be delivered upon termination of employment ‑ Penalty |
Chapter 11-21 - Public Administrator
| Section |
Section Name |
| 11-21-01 |
Public administrator ‑ Appointment ‑ Term of office |
| 11-21-02 |
Bond of public administrator ‑ Conditions |
| 11-21-03 |
Bond of public administrator may be increased ‑ Annual statement |
| 11-21-04 |
Filing of bond and oath |
| 11-21-04.1 |
Liability coverage for public administrators |
| 11-21-05 |
Duties and powers of public administrator |
| 11-21-06 |
May act as general and special administrator, guardian, and conservator |
| 11-21-07 |
Public administrator to prosecute necessary suits |
| 11-21-08 |
Compensation of public administrator |
| 11-21-09 |
Public administrator not to charge attorney's fees ‑ Penalty |
| 11-21-10 |
Public administrator to act as receiver in assignment for the benefit of creditors |
| 11-21-11 |
Civil officers to inform public administrator as to property |
| 11-21-12 |
Giving notice on taking charge of estate ‑ Penalty for failure |
| 11-21-13 |
Court may order public administrator to account to successors |
| 11-21-14 |
Removal from office |
Chapter 11-22 - Deposit of Funds Held in Trust by County Officers
| Section |
Section Name |
| 11-22-01 |
Sheriff, clerk of court, public administrator may deposit funds entrusted to them with county treasurer |
| 11-22-02 |
Treasurer's receipt ‑ Special funds provided for deposits |
| 11-22-03 |
Deposit of special funds by county treasurer |
| 11-22-04 |
How special funds are disbursed |
| 11-22-05 |
Neglect of duty ‑ Liability |
Chapter 11-23 - County Budget
| Section |
Section Name |
| 11-23-01 |
Officers required to furnish commissioners with departmental budget |
| 11-23-02 |
Auditor to prepare budget of county expenditures (Effective through June 30, 2029) |
| 11-23-03 |
Notice of meeting to act on county budget |
| 11-23-04 |
Hearing on budget ‑ Taxpayer may appear |
| 11-23-05 |
Computing amount of levy |
| 11-23-06 |
Expenditure cannot be made in excess of appropriation |
| 11-23-07 |
Transfer of money from other funds |
| 11-23-08 |
Expenditure when no appropriation made |
| 11-23-09 |
Expenditures ‑ Bills approved ‑ Unexpended balances |
| 11-23-10 |
Auditor's report of county receipts and expenditures |
| 11-23-11 |
Penalty for violating county budget provisions |
Chapter 11-24 - Maps and Plats
| Section |
Section Name |
| 11-24-01 |
Board of county commissioners may provide for copies of plats and plans |
| 11-24-02 |
Requirements for copies of plats and plans |
| 11-24-03 |
Written and printed matter on plat to be typewritten and bound |
| 11-24-04 |
Copies of plats and typewritten copies of descriptions not used by public |
| 11-24-05 |
Copies of plats and descriptions made for general use |
| 11-24-06 |
Board may replace copies of plats and descriptions ‑ Copies of new plats made |
| 11-24-07 |
Rate of pay for making copies of plats |
Chapter 11-25 - County Warrants
| Section |
Section Name |
| 11-25-01 |
Warrants ‑ How signed, attested, numbered, and registered |
| 11-25-02 |
Treasurer to keep record of warrants paid |
| 11-25-03 |
Redemption of warrants on which interest due ‑ Duty of treasurer |
| 11-25-04 |
Treasurer to mark warrants redeemed |
| 11-25-05 |
Warrants ‑ Cancellation ‑ Description in minutes |
Chapter 11-26 - County Debt Adjustment Board [Repealed]
Chapter 11-27 - Transfer of County Property
| Section |
Section Name |
| 11-27-01 |
Board of county commissioners authorized to sell property ‑ Private and public sale |
| 11-27-02 |
Notice of sale when property sold at public sale |
| 11-27-03 |
Where sale held ‑ Sale to highest bidder |
| 11-27-03.1 |
Transfer of real property by nonexclusive listing agreements |
| 11-27-04 |
Reservation of mineral rights |
| 11-27-04.1 |
County lands may be conveyed to United States free of reservations |
| 11-27-04.2 |
Reservations may be released to United States |
| 11-27-05 |
Drilling or mining leases by county |
| 11-27-06 |
When interest of county in lands conveyed |
| 11-27-07 |
Proceeds of sale of county property |
| 11-27-08 |
Board of county commissioners may set aside county tax deed lands for park purposes |
| 11-27-09 |
Sale of county lands to United States for national forest purposes |
| 11-27-09.1 |
Federal payments for game and fish lands ‑ Allocation within county |
| 11-27-10 |
Board of county commissioners may deed back land donated for a special purpose |
| 11-27-11 |
County may exchange lands on Indian reservation for lands of federal government |
| 11-27-12 |
Board of county commissioners permitted to exchange lands |
| 11-27-13 |
Land exchanged transferred by deed |
Chapter 11-28 - County Parks and Recreational Areas
| Section |
Section Name |
| 11-28-01 |
Board of county park commissioners ‑ Appointment by county commissioners ‑ Number |
| 11-28-02 |
Eligibility for appointment ‑ Term ‑ Vacancy ‑ Compensation |
| 11-28-03 |
County auditor, county treasurer, and state's attorney shall serve board |
| 11-28-04 |
Organization of board ‑ Quorum ‑ Meetings |
| 11-28-05 |
Powers and duties of the board of park commissioners |
| 11-28-05.1 |
Board of county park commissioners authorized to collect user fees and issue evidences of indebtedness in anticipation of user fee revenues |
| 11-28-06 |
County parks and recreation areas funding and county parks and recreation areas capital projects levy by board of county commissioners - Financial reports |
| 11-28-07 |
Auditing and payment of bills |
| 11-28-08 |
Publication of rules, regulations, and proceedings |
| 11-28-09 |
Violation of any rule or regulation ‑ Penalty ‑ Injunction |
| 11-28-10 |
Police and sheriff to enforce chapter |
| 11-28-11 |
Declaration of power ‑ Saving clause |
| 11-28-12 |
Joint county park district |
| 11-28-13 |
Compensation ‑ Vacancy ‑ Meetings |
| 11-28-14 |
Secretary and treasurer |
| 11-28-15 |
Organization ‑ Quorum |
| 11-28-16 |
Powers and duties of board |
| 11-28-17 |
District budget ‑ Tax levy ‑ Election |
| 11-28-18 |
Auditing and payment of bills |
| 11-28-19 |
Publication of rules and proceedings |
| 11-28-20 |
Violation of rules ‑ Penalty |
| 11-28-21 |
Police officers to enforce provisions |
| 11-28-22 |
Declaration of power |
Chapter 11-28.1 - County Special Service Districts
| Section |
Section Name |
| 11-28.1-01 |
Board of county park commissioners may establish service districts |
| 11-28.1-02 |
Plans and specifications required ‑ Approval |
| 11-28.1-03 |
Hearing ‑ Notice |
| 11-28.1-04 |
Protest against establishing service district ‑ Hearing to determine sufficiency ‑ When protest a bar to proceeding |
| 11-28.1-05 |
Assessment of expenses |
| 11-28.1-06 |
Assessment list to be prepared ‑ Contents ‑ Certificate attached to assessment list |
| 11-28.1-07 |
Publication of assessment list and notice of hearing of objections to list |
| 11-28.1-08 |
Alteration of assessments at hearing ‑ Limitations |
| 11-28.1-09 |
Confirmation of assessment list after hearing ‑ Filing list |
| 11-28.1-10 |
Publication of notice of confirmation of assessment list and meeting for action upon assessments |
| 11-28.1-11 |
Aggrieved person may file notice of appeal |
| 11-28.1-12 |
Board of county commissioners to hear and determine appeals and objections to assessments ‑ Altering assessments ‑ Limitations |
| 11-28.1-13 |
Confirmation of assessment list by board of county commissioners ‑ Certifying list ‑ Filing |
| 11-28.1-14 |
Use of collections of assessments |
| 11-28.1-15 |
Board of county park commissioners may contract ‑ Contents |
| 11-28.1-16 |
Service assessment funds and the disbursements thereof |
Chapter 11-28.2 - Recreation Service Districts
| Section |
Section Name |
| 11-28.2-01 |
Establishment of recreation service districts ‑ Petition ‑ Purpose |
| 11-28.2-02 |
Meetings of recreation service districts ‑ Election of board |
| 11-28.2-03 |
Qualifications of voters and commissioners |
| 11-28.2-04 |
Powers of recreation service districts ‑ Levying of special assessments |
| 11-28.2-04.1 |
Power of recreation service districts to make improvements ‑ Creating district ‑ Determining necessity ‑ Contracting for improvement ‑ Levying special assessments and taxes and imposing service charges ‑ Issuance of warrants |
| 11-28.2-04.2 |
Powers of recreation service districts ‑ General tax levy |
| 11-28.2-05 |
Dissolution of recreation service districts |
| 11-28.2-06 |
Annexation by petition of owners |
| 11-28.2-07 |
Petition of owners ‑ Annexation |
| 11-28.2-08 |
Annexation by resolution of district |
Chapter 11-28.3 - Rural Ambulance Service Districts
| Section |
Section Name |
| 11-28.3-01 |
Territory to be organized ‑ Petition |
| 11-28.3-02 |
Election in affected counties |
| 11-28.3-03 |
Notice of election |
| 11-28.3-04 |
Form of ballot ‑ Vote required to approve |
| 11-28.3-05 |
Notice by county auditor of meeting to organize district |
| 11-28.3-06 |
Organization ‑ Board of directors |
| 11-28.3-07 |
Regular meeting to be held ‑ Special meeting |
| 11-28.3-08 |
Powers of board of directors |
| 11-28.3-09 |
Emergency medical service policy ‑ Levy ‑ Financial report |
| 11-28.3-10 |
Indebtedness of district limited |
| 11-28.3-11 |
Funds collected to be deposited |
| 11-28.3-12 |
Rural ambulance service district may enter contract |
| 11-28.3-13 |
Boundaries of rural ambulance service district ‑ Dissolution of the district |
| 11-28.3-14 |
Payments by certain organizations |
| 11-28.3-15 |
Territory to be annexed |
| 11-28.3-16 |
Withdrawal from ambulance service district ‑ Restrictions |
| 11-28.3-17 |
Discharge of financial obligations |
Chapter 11-29 - Seed, Feed, and Fuel Loans [Repealed]
Chapter 11-30 - Disorganization of Counties
| Section |
Section Name |
| 11-30-01 |
Counties may disorganize ‑ Petition |
| 11-30-02 |
Filing petition ‑ Notice to state auditor |
| 11-30-03 |
State auditor to make audit of financial conditions ‑ Contents of audit |
| 11-30-04 |
Notice of election ‑ How given |
| 11-30-05 |
Ballot ‑ Form |
| 11-30-06 |
Canvass of votes and return |
| 11-30-07 |
Vote required ‑ Manner and time of disorganization |
| 11-30-08 |
Governor to designate county to which unorganized county attached ‑ Purposes of attachment |
| 11-30-09 |
All offices abolished in disorganized county ‑ Compensation of officers of disorganized county |
| 11-30-10 |
Officers of organized county act in unorganized county |
| 11-30-11 |
Officers of organized county bonded for benefit of unorganized county |
| 11-30-12 |
Compensation of officers of organized county |
| 11-30-13 |
Records, property, and money of disorganized county transferred to organized county |
| 11-30-14 |
Title to property vests in organized county as trustee ‑ Use of property ‑ Separate accounts kept |
| 11-30-15 |
Unorganized county in same judicial district as organized county |
| 11-30-16 |
Actions transferred to courts of adjoining county |
| 11-30-17 |
Notices ‑ How posted and published in unorganized county |
| 11-30-18 |
Unorganized county remains in same legislative district |
| 11-30-19 |
Levy of taxes in an unorganized county ‑ Funds of unorganized county to be kept in separate fund |
| 11-30-20 |
Trial of criminal cases after disorganization |
| 11-30-21 |
Liability of disorganized county on existing obligations ‑ Municipal organizations ‑ Issuance of bonds ‑ Compromises |
Chapter 11-31 - County Highway Engineer
| Section |
Section Name |
| 11-31-01 |
County highway engineer |
| 11-31-01.1 |
Election for creation or termination of office of county highway engineer |
| 11-31-02 |
Qualification and employment basis |
| 11-31-03 |
Powers and duties |
| 11-31-04 |
Manner of payment of compensation |
Chapter 11-32 - Memorials
| Section |
Section Name |
| 11-32-01 |
County commissioners authorized to erect a memorial or memorials or other suitable recognition ‑ To make levy |
| 11-32-02 |
A memorial fund created ‑ How expended |
| 11-32-03 |
May join with cities, school districts, and other agencies in erection and operation |
Chapter 11-33 - County Zoning
| Section |
Section Name |
| 11-33-01 |
County power to regulate property |
| 11-33-02 |
Board of county commissioners to designate districts ‑ Uniformity |
| 11-33-02.1 |
Farming and ranching regulations ‑ Requirements ‑ Limitations ‑ Definitions (Effective through July 31, 2026) |
| 11-33-03 |
Object of regulations |
| 11-33-04 |
County planning commissions authorized ‑ Membership |
| 11-33-05 |
Meetings ‑ Officers |
| 11-33-06 |
Investigations |
| 11-33-07 |
County planning commission to prepare plan |
| 11-33-08 |
Hearings |
| 11-33-09 |
Publication of resolutions ‑ Effective date |
| 11-33-10 |
Separate hearings |
| 11-33-11 |
May adjust enforcement |
| 11-33-12 |
Appeals to district court |
| 11-33-13 |
Not to affect use |
| 11-33-14 |
Nonconforming uses regulated |
| 11-33-15 |
Board of county commissioners to make complete list |
| 11-33-16 |
Enforcement |
| 11-33-17 |
Violation of zoning regulations and restrictions ‑ Remedies |
| 11-33-17.1 |
Zoning ‑ Nonconforming structure |
| 11-33-18 |
Power of board of county commissioners to issue permits ‑ Notification of director of the department of transportation ‑ Power of board to appropriate money |
| 11-33-19 |
Joint planning commission may be established |
| 11-33-20 |
Township zoning not affected ‑ Township and city may relinquish powers ‑ Joint zoning authority over solid waste disposal facilities |
| 11-33-21 |
General penalties for violation of zoning regulations and restrictions |
| 11-33-22 |
Regulation of animal feeding operations ‑ Central repository |
| 11-33-23 |
Highways ‑ Roads |
Chapter 11-33.1 - Rural Subdivision Improvement [Repealed]
Chapter 11-33.2 - Subdivision Regulation
Chapter 11-34 - County Zoning Adjacent to Cities [Repealed]
Chapter 11-35 - Regional Planning and Zoning Commissions
| Section |
Section Name |
| 11-35-01 |
Regional commissions ‑ Appointment ‑ Powers |
| 11-35-02 |
Zoning of territory adjacent to cities |
Chapter 11-36 - Port Authorities [Repealed]
Chapter 11-37 - Commerce Authorities [Repealed]
Chapter 11-38 - County Agents
| Section |
Section Name |
| 11-38-01 |
County extension agent ‑ Petition to authorize or discontinue levy ‑ Election ‑ Levy limitations |
| 11-38-02 |
Form of petitions |
| 11-38-03 |
Form of ballot |
| 11-38-04 |
Extension agent selection |
| 11-38-05 |
Discontinuance of extension work levy ‑ Transfer of unobligated funds |
| 11-38-06 |
Budgeting for extension work |
| 11-38-07 |
Extension agent to submit monthly account of expenditures |
| 11-38-08 |
Achievement days ‑ Premiums ‑ Report of extension agent |
| 11-38-09 |
Direction and supervision of extension agent |
| 11-38-10 |
Report to board of county commissioners |
| 11-38-11 |
Dissatisfaction with extension agent ‑ Meeting to be arranged |
| 11-38-12 |
Administration ‑ Position adjustments ‑ Budget section report |
Chapter 11-39 - Agriculture Fair Associations
| Section |
Section Name |
| 11-39-01 |
County fair association organization as nonprofit corporation |
| 11-39-02 |
Fair association ‑ County funding |
| 11-39-03 |
County fair association funding to be submitted to vote |
| 11-39-04 |
County fair authorization ‑ Forfeiture |
| 11-39-05 |
Disposition of property |
| 11-39-06 |
County funding to cease when fair not held ‑ Misappropriation of funds |
| 11-39-07 |
Power to make regulations governing premises |
| 11-39-08 |
Director's civil immunity |
| 11-39-09 |
Treasurer to give bond ‑ Duty of officers and directors |
| 11-39-10 |
Nonliability of state for debts ‑ Exception |
Title 12 - Corrections, Parole, and Probation
Chapter 12-01 - Definition, Classification, Application [Repealed]
Chapter 12-02 - Parties [Repealed]
Chapter 12-03 - Conspiracy [Repealed]
Chapter 12-04 - Attempt to Commit Crime [Repealed]
Chapter 12-05 - Defenses [Repealed]
Chapter 12-06 - Punishments [Repealed]
Chapter 12-07 - Treason, Misprision of Treason, and Desecration of the Flag [Repealed]
Chapter 12-08 - Offenses by and Against Executive and Administrative Officers [Repealed]
Chapter 12-09 - Offenses Against the Legislative Power [Repealed]
Chapter 12-10 - Offenses Against Public Property and Revenue [Repealed]
Chapter 12-11 - Offenses Against the Elective Franchise [Repealed]
Chapter 12-12 - Bribery and Misconduct of Judicial Officers [Repealed]
Chapter 12-13 - Offenses Involving Judicial and Public Records [Repealed]
Chapter 12-14 - Perjury and Subornation of Perjury [Repealed]
Chapter 12-15 - Falsifying, Destroying, or Suppressing Evidence [Repealed]
Chapter 12-16 - Rescues, Escapes, and Aiding Therein [Repealed]
Chapter 12-17 - Miscellaneous Offenses Against Public Justice [Repealed]
Chapter 12-18 - Offenses Against the Public Safety [Repealed]
Chapter 12-19 - Offenses Against the Public Peace and Suppression Thereof [Repealed]
Chapter 12-20 - Dueling [Repealed]
Chapter 12-21 - Offenses Against Religion and Conscience [Repealed]
Chapter 12-21.1 - Sunday Business and Labor Prohibitions [Repealed]
Chapter 12-22 - Offenses Against Public Decency and Morals [Repealed]
Chapter 12-23 - Gambling [Repealed]
Chapter 12-24 - Lotteries [Repealed]
Chapter 12-25 - Abortion - Concealing Death of Child [Repealed]
Chapter 12-26 - Assault and Battery [Repealed]
Chapter 12-27 - Homicide [Repealed]
Chapter 12-28 - Libel and Slander [Repealed]
Chapter 12-29 - Maiming [Repealed]
Chapter 12-30 - Rape and Carnal Abuse [Repealed]
Chapter 12-31 - Robbery [Repealed]
Chapter 12-32 - Seduction and Abduction [Repealed]
Chapter 12-33 - Suicide [Repealed]
Chapter 12-34 - Arson [Repealed]
Chapter 12-35 - Burglary and Housebreaking [Repealed]
Chapter 12-36 - Embezzlement [Repealed]
Chapter 12-37 - Extortion [Repealed]
Chapter 12-38 - False Personations and Cheats - Swindling [Repealed]
Chapter 12-39 - Forgery and Counterfeiting [Repealed]
Chapter 12-40 - Larceny [Repealed]
Chapter 12-41 - Malicious Offenses Against Property [Repealed]
Chapter 12-42 - Miscellaneous Offenses [Repealed]
Chapter 12-43 - Sale of Tobacco and Contraceptives [Repealed]
Chapter 12-44 - County Jails and Workhouses [Repealed]
Chapter 12-44.1 - Jails and Regional Correction Centers
| Section |
Section Name |
| 12-44.1-01 |
Definitions |
| 12-44.1-02 |
Establishing correctional facilities ‑ Correctional facility contracts ‑ Regional corrections centers |
| 12-44.1-03 |
Safety and sanitation |
| 12-44.1-04 |
Administration ‑ Organization ‑ Management |
| 12-44.1-05 |
Meal payments |
| 12-44.1-06 |
Grades of correctional facilities |
| 12-44.1-06.1 |
Correctional facilities standards |
| 12-44.1-06.2 |
Female inmates in grade one correctional facilities |
| 12-44.1-06.3 |
Female inmates in grade one correctional facilities |
| 12-44.1-07 |
Who may be confined in correctional facilities |
| 12-44.1-07.1 |
Management of inmate population |
| 12-44.1-08 |
Confinement of state and federal inmates |
| 12-44.1-09 |
Housing of inmates |
| 12-44.1-09.1 |
Restrooms and shower rooms exclusively for males or exclusively for females |
| 12-44.1-10 |
Detained witnesses and pretrial detainees |
| 12-44.1-11 |
Commitment papers ‑ Copies ‑ Endorsement |
| 12-44.1-12 |
Inmate personal property |
| 12-44.1-12.1 |
Establishment of inmate accounts ‑ Withholding funds for inmate financial obligations ‑ Health care costs ‑ Payment of funds to inmate upon release |
| 12-44.1-13 |
Supervision of inmates |
| 12-44.1-14 |
Inmate rights |
| 12-44.1-15 |
Searches |
| 12-44.1-16 |
Annoyance of inmate prohibited ‑ Penalty |
| 12-44.1-17 |
Inmate educational and counseling programs |
| 12-44.1-17.1 |
Correctional facility grant committee - Correctional facility grant program - Report |
| 12-44.1-18 |
Inmate work programs |
| 12-44.1-18.1 |
Inmate work release program |
| 12-44.1-18.2 |
Work release program ‑ Room and board costs to be paid by inmate |
| 12-44.1-19 |
Removal of inmate in emergency not an escape |
| 12-44.1-20 |
Punishment of inmate |
| 12-44.1-21 |
Prohibited acts |
| 12-44.1-22 |
Correctional facility register ‑ Contents |
| 12-44.1-23 |
Jail report |
| 12-44.1-24 |
Correctional facility standards ‑ Inspections |
| 12-44.1-25 |
Inspection report ‑ Notice of noncompliance ‑ Hearing |
| 12-44.1-26 |
Correctional facility variances |
| 12-44.1-27 |
Corrective action ‑ Enforcement |
| 12-44.1-28 |
Correctional facility files and records confidentiality |
| 12-44.1-29 |
Provision of medication ‑ Training requirements ‑ Verification ‑ Rules |
| 12-44.1-30 |
Correctional officers authorized to carry weapons |
| 12-44.1-31 |
Contracts for out‑of‑state inmates ‑ Requirements |
| 12-44.1-32 |
Sentence reduction credit |
| 12-44.1-33 |
Inmate medical care costs |
Chapter 12-45 - Death of Inmates
| Section |
Section Name |
| 12-45-01 |
Inquest required |
| 12-45-02 |
Inquest open to all persons ‑ Exception |
| 12-45-03 |
Who may be required to testify ‑ Procedure |
| 12-45-04 |
Return of inquest |
| 12-45-05 |
Burial of body |
| 12-45-06 |
Expenses of inquest ‑ Report of officer ‑ Payment ‑ Burial expense limited |
| 12-45-07 |
Effects of deceased ‑ Sale ‑ Money received |
Chapter 12-46 - North Dakota Youth Correctional Center
| Section |
Section Name |
| 12-46-01 |
Youth correctional center ‑ Location ‑ Purpose ‑ Name |
| 12-46-02 |
Within jurisdiction of Morton County |
| 12-46-03 |
Officers of the North Dakota youth correctional center |
| 12-46-04 |
Appointment of officers |
| 12-46-05 |
Oath of superintendent |
| 12-46-06 |
Salary of superintendent, officers, and employees |
| 12-46-07 |
Members of board and officers of institutions not to be interested in certain contracts |
| 12-46-08 |
Officers to be furnished food supplies |
| 12-46-09 |
Administrator may make rules |
| 12-46-10 |
Records of institutional transactions, complaints, and rule infractions |
| 12-46-10.1 |
Disciplinary committee ‑ Members ‑ Duties |
| 12-46-11 |
Duties of subordinates and teachers |
| 12-46-12 |
Child under twelve years not committed to North Dakota youth correctional center |
| 12-46-13 |
Who may be sent to North Dakota youth correctional center ‑ Court procedure |
| 12-46-14 |
Transportation of persons committed to North Dakota youth correctional center |
| 12-46-15 |
Contents of order of commitment |
| 12-46-16 |
Person committed or sentenced to North Dakota industrial school a minor until eighteen |
| 12-46-17 |
Incorrigible student returned to sheriff ‑ Original proceedings continued |
| 12-46-18 |
Employment and compensation of children |
| 12-46-19 |
Disposition of moneys received |
| 12-46-20 |
Forfeiture of earnings on escape or violation of parole |
| 12-46-21 |
Aiding inmates to escape ‑ Misdemeanor |
| 12-46-22 |
Service of process |
| 12-46-23 |
Officers and employees exempt from jury duty |
| 12-46-24 |
Prohibition on delivery or possession of alcoholic beverages or controlled substances to or by students ‑ Penalties |
| 12-46-25 |
Youth correctional center career and technical education shop revolving fund |
| 12-46-26 |
Restrooms and shower rooms exclusively for males or exclusively for females |
Chapter 12-47 - The Penitentiary
| Section |
Section Name |
| 12-47-01 |
Penitentiary ‑ Location ‑ Purpose |
| 12-47-02 |
Jurisdiction over penitentiary and affiliated facilities |
| 12-47-03 |
Who may serve process within penitentiary |
| 12-47-04 |
Commitment to the legal and physical custody of the department of corrections and rehabilitation is at hard labor |
| 12-47-05 |
Officers of penitentiary |
| 12-47-06 |
Appointment of officers |
| 12-47-07 |
Qualification of warden, officers, and employees |
| 12-47-08 |
Salary of warden and other officers |
| 12-47-09 |
Officers to be furnished food supplies |
| 12-47-10 |
Officers and employees exempt from jury duty |
| 12-47-11 |
Powers and duties of warden |
| 12-47-12 |
Warden to make rules |
| 12-47-13 |
Warden to keep records |
| 12-47-14 |
Deputy warden ‑ Duties |
| 12-47-15 |
Absence of warden and deputy wardens |
| 12-47-16 |
Duties of employees ‑ May not engage in procuring pardon |
| 12-47-17 |
Offenders committed to department of corrections and rehabilitation ‑ Records to be kept |
| 12-47-18 |
Director has custody of inmates pursuant to terms of sentence |
| 12-47-18.1 |
Transfer of persons between correctional facilities |
| 12-47-19 |
Food of inmates |
| 12-47-20 |
Beds and clothing of inmates |
| 12-47-21 |
Alcoholic beverages and controlled substances prohibited ‑ Physician's orders ‑ Use of tobacco ‑ Weapons and firearms ‑ Penalty |
| 12-47-22 |
Discipline of inmates ‑ Confinement in cells ‑ Communication |
| 12-47-23 |
Warden to maintain discipline |
| 12-47-24 |
Penitentiary inmates may be restrained |
| 12-47-25 |
Punishment for infraction may be alleviated |
| 12-47-26 |
Uniform kindly treatment of inmates |
| 12-47-27 |
Transfer of penitentiary inmate to state hospital or other treatment facility ‑ Evaluation procedure ‑ Right to administrative hearing ‑ Written order by warden |
| 12-47-28 |
Copy of written order by warden delivered to superintendent of state hospital or other facility ‑ Superintendent to receive inmate ‑ Filing of receipt |
| 12-47-29 |
Recovery of person transferred ‑ Duty of superintendent or officer ‑ Return or release ‑ Allowance on discharge |
| 12-47-30 |
Expense of transferring inmates to and from state hospital |
| 12-47-31 |
Discharge of offenders |
| 12-47-32 |
Cash payments ‑ Office of management and budget may issue warrant |
| 12-47-33 |
Warden may issue warrants of penitentiary |
| 12-47-34 |
Escapes from director's custody ‑ Director may offer reward for recapture ‑ Payment of reward ‑ Use of firearms |
| 12-47-35 |
Governor may contract for transfer to federal institution |
| 12-47-36 |
Records exempt ‑ Confidential ‑ Exceptions |
| 12-47-37 |
Transporting of prisoners |
| 12-47-38 |
Director to contract for housing female inmates |
| 12-47-39 |
Definitions ‑ Health care for chronically or terminally ill offenders ‑ Notice to health care facility |
| 12-47-40 |
Restrooms and shower rooms exclusively for males or exclusively for females |
Chapter 12-48 - Employment of Inmates of the Penitentiary
| Section |
Section Name |
| 12-48-01 |
Employment of offenders |
| 12-48-02 |
Director of the department of corrections and rehabilitation to make rules regarding employment of offenders |
| 12-48-03 |
Manner of employing offenders |
| 12-48-03.1 |
The director of the department of corrections and rehabilitation may establish and engage in prison industries |
| 12-48-03.2 |
Prison industry authorized to trade, barter, and exchange merchandise, equipment, and services |
| 12-48-03.3 |
Roughrider industries' operating fund ‑ Bank of North Dakota |
| 12-48-04 |
Inmates may be employed in improving roads and streets |
| 12-48-05 |
Conditions for employing inmates outside of the penitentiary |
| 12-48-06 |
Labor of inmates ‑ Sale of articles produced |
| 12-48-06.1 |
Prison industry advisory committee |
| 12-48-07 |
Tools and equipment |
| 12-48-08 |
Penitentiary tannery |
| 12-48-09 |
Manufacture of coffins at the penitentiary |
| 12-48-10 |
Marking of coffins |
| 12-48-11 |
Sale of coffins ‑ Price ‑ Use of proceeds |
| 12-48-12 |
Manufacture and sale of license plates and road signs |
| 12-48-13 |
Use of receipts from sale of license plates and road signs |
| 12-48-14 |
Compensation of offenders |
| 12-48-15 |
Disposition of inmate funds ‑ Warden to keep account of inmate funds |
| 12-48-16 |
Disposition of earnings of inmate with dependents |
| 12-48-17 |
Disposition of earnings of inmate with dependents when more than fifty dollars in temporary aid account |
| 12-48-18 |
Disposition of earnings of inmate who has no dependent relatives |
| 12-48-19 |
Disposition of earnings of inmate who has no dependent relatives when more than fifty dollars in temporary aid account |
| 12-48-20 |
Disposition of earnings of prisoner who escapes or violates parole |
| 12-48-21 |
Disposition of unclaimed money |
| 12-48-22 |
Fines and restitution for misconduct of offender |
| 12-48-23 |
Employment of penitentiary inmates in book salvage ‑ Receipts |
Chapter 12-48.1 - Work Release Programs
| Section |
Section Name |
| 12-48.1-01 |
Director may provide certain services for offenders |
| 12-48.1-02 |
Conditions of eligibility for release programs |
| 12-48.1-03 |
Use of funds earned on work release |
| 12-48.1-04 |
Willful failure to return |
Chapter 12-49 - Penitentiary Twine and Cordage Plant [Repealed]
Chapter 12-50 - The Death Sentence and Execution Thereof [Repealed]
Chapter 12-51 - Missouri River Correctional Center [Repealed]
Chapter 12-52 - Aftercare Program for Youth Correctional Center
| Section |
Section Name |
| 12-52-01 |
Department of corrections and rehabilitation to administer juvenile aftercare program and other treatment and rehabilitation programs |
| 12-52-02 |
Aftercare granted on recommendation of superintendent |
| 12-52-03 |
Recommitment to the youth correctional center for violation of aftercare rules |
| 12-52-04 |
Officer's or employee's return on order of recommitment |
| 12-52-05 |
Officer's fee on recommitment ‑ Exception |
| 12-52-06 |
Parole violator guilty of misdemeanor |
| 12-52-07 |
Discharge for good conduct |
Chapter 12-53 - Suspended Sentence [Repealed]
Chapter 12-54 - Diminution of Sentence to the Penitentiary for Good Conduct [Repealed]
Chapter 12-54.1 - Sentence Reduction for Good or Meritorious Conduct
| Section |
Section Name |
| 12-54.1-01 |
Sentence reduction |
| 12-54.1-02 |
Basis for good conduct sentence reduction |
| 12-54.1-03 |
Meritorious conduct sentence reduction |
| 12-54.1-04 |
Basis for meritorious conduct sentence reduction |
Chapter 12-55 - Reprieve, Commutation, Pardon, and Parole [Repealed]
Chapter 12-55.1 - Pardon Advisory Board
| Section |
Section Name |
| 12-55.1-01 |
Definitions |
| 12-55.1-02 |
Pardon advisory board ‑ Membership |
| 12-55.1-03 |
Pardon advisory board meetings ‑ Rules |
| 12-55.1-04 |
Governor may remit fines and grant commutations, pardons, and reprieves |
| 12-55.1-05 |
Pardon clerk ‑ Duties |
| 12-55.1-06 |
Application for commutation, reprieve, pardon, conditional pardon, or remission of fine |
| 12-55.1-07 |
Notice of application |
| 12-55.1-08 |
Governor may reconsider action |
| 12-55.1-09 |
Statements of judge and state's attorney |
| 12-55.1-10 |
Duty of court reporter and clerk of court |
| 12-55.1-11 |
Records |
Chapter 12-56 - Out-of-State Parolee Supervision [Repealed]
Chapter 12-56.1 - Interstate Parolees and Probationers [Repealed]
Chapter 12-57 - Relief for Wrongful Imprisonment [Repealed]
Chapter 12-58 - Criminal Identification [Repealed]
Chapter 12-59 - Parole
| Section |
Section Name |
| 12-59-01 |
State parole board ‑ Membership |
| 12-59-02 |
Meetings ‑ Compensation ‑ Rules |
| 12-59-03 |
Supplies ‑ Regulations governing parole |
| 12-59-04 |
Parole records ‑ Inspection |
| 12-59-05 |
Consideration by board |
| 12-59-06 |
General powers of board |
| 12-59-07 |
Requirements precedent to parole |
| 12-59-08 |
Medical paroles |
| 12-59-09 |
Inmates subject to jurisdiction of parole board |
| 12-59-10 |
Notice of parole review |
| 12-59-11 |
Posting of notice of application in certain cases |
| 12-59-12 |
Board may reconsider action |
| 12-59-13 |
Indeterminate sentence ‑ Release of prisoner to parole |
| 12-59-13.1 |
Indeterminate sentence ‑ Board to determine maximum sentence |
| 12-59-14 |
Psychiatric evaluation ‑ Transfer to state hospital |
| 12-59-15 |
Breach of parole ‑ Hearings ‑ Order of recommitment |
| 12-59-16 |
Execution of order of recommitment ‑ Fees and payment thereof |
| 12-59-17 |
Causing parolee or probationer to violate parole or probation ‑ Penalty |
| 12-59-18 |
Orders not reviewable ‑ Exception |
| 12-59-19 |
Reports of board and governor |
| 12-59-20 |
Probation and parole officers as peace officers |
| 12-59-21 |
Establishment and modification of parole expiration dates |
| 12-59-22 |
Twenty‑four seven sobriety program |
Chapter 12-60 - Bureau of Criminal Investigation
| Section |
Section Name |
| 12-60-01 |
Bureau created |
| 12-60-02 |
Board of managers ‑ Selection of members ‑ Qualifications |
| 12-60-03 |
Terms of office ‑ Filling of vacancies |
| 12-60-04 |
Duty of board ‑ Salaries |
| 12-60-05 |
Attorney general ‑ Duties ‑ Appointment of personnel |
| 12-60-06 |
Furnishing of equipment |
| 12-60-07 |
Powers, duties, and functions of bureau |
| 12-60-07.1 |
Automated biometric data identification system |
| 12-60-08 |
Powers of investigators |
| 12-60-08.1 |
Power of the attorney general to issue subpoenas in bureau investigations |
| 12-60-09 |
Authorization of attorney general for investigations |
| 12-60-10 |
Fingerprints, photographs, description of persons charged with felony to be procured and filed |
| 12-60-11 |
Enforcement officers to send fingerprints and descriptions of felons to the bureau ‑ Report of the bureau to arresting officer |
| 12-60-12 |
Officer may send fingerprints of persons having certain property in possession |
| 12-60-13 |
Court to ascertain criminal record of defendant ‑ Furnish information of offense to the bureau |
| 12-60-13.1 |
County and city officials to furnish crime statistics to superintendent |
| 12-60-14 |
Violation of chapter ‑ Misdemeanor |
| 12-60-15 |
Duty to furnish information |
| 12-60-16 |
Report of arrested person's transfer, release, or disposition of case |
| 12-60-16.1 |
Definitions |
| 12-60-16.2 |
Criminal history record information ‑ Reportable events |
| 12-60-16.3 |
Criminal history record information ‑ Rulemaking required |
| 12-60-16.4 |
Criminal history record information ‑ Reportable offenses |
| 12-60-16.5 |
Criminal history record information ‑ Exchange of information among criminal justice agencies and the courts |
| 12-60-16.6 |
Criminal history record information ‑ Dissemination to parties not described in section 12‑60‑16.5 |
| 12-60-16.7 |
Criminal history record information ‑ Prohibited dissemination |
| 12-60-16.8 |
Criminal history record information ‑ Required disclosure of certain dissemination |
| 12-60-16.9 |
Criminal history record information ‑ Fee for record check |
| 12-60-16.10 |
Criminal history record information ‑ Penalty |
| 12-60-16.11 |
Criminal history record information ‑ Required action |
| 12-60-16.12 |
Criminal history record information ‑ Civil action ‑ Penalty |
| 12-60-17 |
Superintendent to make rules and regulations |
| 12-60-18 |
Money collected paid into general fund |
| 12-60-19 |
Cooperation of bureau |
| 12-60-20 |
Bureau to act as a consumer fraud bureau |
| 12-60-21 |
State crime laboratory |
| 12-60-22 |
Provision of laboratory facilities and technical personnel ‑ Request |
| 12-60-23 |
Bureau to maintain registry of protection orders, orders prohibiting contact, and restraining orders |
| 12-60-24 |
Criminal history record checks |
| 12-60-25 |
Lost, missing, or runaway children |
| 12-60-26 |
School enrollment procedures to aid identification and location of lost, missing, and runaway children |
Chapter 12-60.1 - Sealing Criminal Records
Chapter 12-61 - Combined Law Enforcement Council [Repealed]
Chapter 12-62 - Criminal Justice Training and Statistics Division
| Section |
Section Name |
| 12-62-01 |
Criminal justice training and statistics ‑ Personnel ‑ Purpose |
| 12-62-01.1 |
County and city officials to furnish crime statistics |
| 12-62-02 |
Powers and duties |
| 12-62-03 |
Peace officer standards and training board ‑ Membership ‑ Duties |
| 12-62-04 |
Qualified officers to be certified |
| 12-62-05 |
State's attorneys ‑ Training |
| 12-62-06 |
Correctional officers ‑ Training |
| 12-62-07 |
Sheriffs ‑ Training |
| 12-62-08 |
Peace officers ‑ Training |
| 12-62-09 |
Defense attorneys ‑ Training |
| 12-62-10 |
Rulemaking power |
Chapter 12-63 - Peace Officer Standards, Training, and Licensing
| Section |
Section Name |
| 12-63-01 |
Definitions |
| 12-63-01.1 |
Peace officer standards and training board ‑ Membership ‑ Duties |
| 12-63-02 |
License required |
| 12-63-02.1 |
Part‑time peace officer license |
| 12-63-02.2 |
Tribal police officers |
| 12-63-02.3 |
Reserve peace officer ‑ License |
| 12-63-03 |
Persons and practices not affected |
| 12-63-04 |
Board ‑ Powers ‑ Duties ‑ Authority |
| 12-63-05 |
Fees |
| 12-63-06 |
Application for license |
| 12-63-07 |
Examination for license |
| 12-63-08 |
Exception from training requirement ‑ Issuance of certain licenses as of right |
| 12-63-09 |
Limited license |
| 12-63-10 |
Issuance of license |
| 12-63-11 |
Renewal of license |
| 12-63-12 |
Grounds for denial, revocation, or suspension of license - Adverse license action ‑ Appeal |
| 12-63-13 |
Notice and hearing on adverse license action |
| 12-63-14 |
Penalty |
| 12-63-15 |
Temporary suspension ‑ Appeal |
| 12-63-16 |
Costs of prosecution ‑ Disciplinary proceedings |
Chapter 12-64 - Procedures for Handling Domestic Violence [Repealed]
Chapter 12-65 - Interstate Compact for Adult Offender Supervision
| Section |
Section Name |
| 12-65-01 |
Compact for adult offender supervision |
| 12-65-02 |
Custody and detention of offender for violation of terms and conditions of compact supervision ‑ Hearing and waiver ‑ Report to sending state |
| 12-65-03 |
Waiver of extradition |
| 12-65-04 |
Who may hold a hearing |
| 12-65-05 |
Conduct of hearing |
| 12-65-06 |
Force and effect of hearings in other states |
| 12-65-07 |
Violation of compact ‑ Penalty |
| 12-65-08 |
Interstate transfer or travel of probationers and parolees ‑ Fees |
Chapter 12-66 - Interstate Compact for Juveniles
| Section |
Section Name |
| 12-66-01 |
Compact for juveniles |
Chapter 12-67 - Home Detention and Monitoring for Certain Offenders
Chapter 12-67.1 - Deflection Process
| Section |
Section Name |
| 12-67.1-01 |
Definition |
| 12-67.1-02 |
Individual with a behavioral health condition ‑ Assistance ‑ Medical care |
| 12-67.1-03 |
Deflection process ‑ Regional authority and planning |
Chapter 12-68 - Missing Person Reports
| Section |
Section Name |
| 12-68-01 |
Missing person reports |
| 12-68-02 |
Notification and other action |
| 12-68-03 |
Prompt determination of high‑risk missing person ‑ Law enforcement agency reports |
| 12-68-04 |
Unidentified person or human remains identification responsibilities |
| 12-68-05 |
Attorney general to develop missing person procedural policy |
Title 12.1 - Criminal Code
Chapter 12.1-01 - Application - Purposes - Proof - Definitions
| Section |
Section Name |
| 12.1-01-01 |
Title ‑ Retroactivity ‑ Application ‑ Contempt power |
| 12.1-01-02 |
General purposes |
| 12.1-01-03 |
Proof and presumptions |
| 12.1-01-03.1 |
Presumption of age |
| 12.1-01-04 |
General definitions |
| 12.1-01-05 |
Crimes defined by state law shall not be superseded by city or county ordinance or by home rule city's or county's charter or ordinance |
Chapter 12.1-02 - Liability and Culpability
| Section |
Section Name |
| 12.1-02-01 |
Basis of liability for offenses |
| 12.1-02-02 |
Requirements of culpability |
| 12.1-02-03 |
Mistake of fact in affirmative defenses |
| 12.1-02-04 |
Ignorance or mistake negating culpability |
| 12.1-02-05 |
Causal relationship between conduct and result |
Chapter 12.1-03 - Accomplices - Corporations - Agents
| Section |
Section Name |
| 12.1-03-01 |
Accomplices |
| 12.1-03-02 |
Corporate and limited liability company criminal responsibility |
| 12.1-03-03 |
Individual accountability for conduct on behalf of organizations |
| 12.1-03-04 |
Definitions and general provisions |
Chapter 12.1-04 - Juveniles - Intoxication - Fitness to Proceed
| Section |
Section Name |
| 12.1-04-01 |
Juveniles |
| 12.1-04-02 |
Intoxication |
| 12.1-04-03 |
Lack of criminal responsibility a defense |
| 12.1-04-04 |
Definitions |
| 12.1-04-04.1 |
Disposition of defendants ‑ Lack of fitness to proceed ‑ Records |
| 12.1-04-05 |
Notice of defense, filing |
| 12.1-04-06 |
Temporary detention for purposes of examination |
| 12.1-04-07 |
Examination ‑ Report ‑ Hearing when contested |
| 12.1-04-08 |
Suspension or dismissal of proceedings ‑ Referral for services |
| 12.1-04-09 |
Legal objections to prosecution allowed |
| 12.1-04-10 |
Acquittal due to mental disease or defect ‑ Petition to clerk of court |
Chapter 12.1-04.1 - Criminal Responsibility and Post-Trial Responsibility Act
| Section |
Section Name |
| 12.1-04.1-01 |
Standard for lack of criminal responsibility |
| 12.1-04.1-02 |
Court authorization of state‑funded mental health services for certain defendants |
| 12.1-04.1-03 |
Notice of defense of lack of criminal responsibility |
| 12.1-04.1-04 |
Notice regarding expert testimony on lack of state of mind as element of alleged offense |
| 12.1-04.1-05 |
Examination at request of prosecuting attorney |
| 12.1-04.1-06 |
Explanation to defendant |
| 12.1-04.1-07 |
Scope of examination |
| 12.1-04.1-08 |
Recording of examination |
| 12.1-04.1-09 |
Consequence of deliberate failure of defendant to cooperate |
| 12.1-04.1-10 |
Reports by tier 1a mental health professionals and expert witnesses |
| 12.1-04.1-11 |
Exchange of reports and production of documents |
| 12.1-04.1-12 |
Use of reports at trial |
| 12.1-04.1-13 |
Notice of expert witnesses |
| 12.1-04.1-14 |
Use of evidence obtained from examination |
| 12.1-04.1-15 |
Use of recording of examination |
| 12.1-04.1-16 |
Bifurcation of issue of lack of criminal responsibility |
| 12.1-04.1-17 |
Jury instruction on disposition following verdict of lack of criminal responsibility |
| 12.1-04.1-18 |
Form of verdict or finding |
| 12.1-04.1-19 |
Post‑trial motions and appeal from verdict or finding of not guilty by reason of lack of criminal responsibility |
| 12.1-04.1-20 |
Jurisdiction of court |
| 12.1-04.1-21 |
Proceeding following verdict or finding |
| 12.1-04.1-22 |
Initial order of disposition ‑ Commitment to treatment facility ‑ Conditional release ‑ Discharge |
| 12.1-04.1-23 |
Terms of commitment ‑ Periodic review of commitment |
| 12.1-04.1-24 |
Modification of order of commitment ‑ Conditional release or discharge ‑ Release plan |
| 12.1-04.1-25 |
Conditional release ‑ Modification ‑ Revocation ‑ Discharge |
| 12.1-04.1-26 |
Procedures |
Chapter 12.1-05 - Justification - Excuse - Affirmative Defenses
Chapter 12.1-06 - Criminal Attempt - Facilitation - Solicitation - Conspiracy
Chapter 12.1-06.1 - Racketeer Influenced and Corrupt Organizations
| Section |
Section Name |
| 12.1-06.1-01 |
Definitions |
| 12.1-06.1-02 |
Leading a criminal association ‑ Classification |
| 12.1-06.1-03 |
Illegal control of an enterprise ‑ Illegally conducting an enterprise |
| 12.1-06.1-04 |
Judicial powers over racketeering criminal cases |
| 12.1-06.1-05 |
Racketeering ‑ Civil remedies |
| 12.1-06.1-06 |
Racketeering lien ‑ Content ‑ Filing ‑ Notice ‑ Effect |
| 12.1-06.1-07 |
Racketeering ‑ Investigation of records ‑ Confidentiality ‑ Court enforcement ‑ Classification |
| 12.1-06.1-08 |
Computer fraud ‑ Computer crime ‑ Classification ‑ Penalty |
Chapter 12.1-06.2 - Criminal Street Gangs
Chapter 12.1-07 - Treason - Flag Desecration
| Section |
Section Name |
| 12.1-07-01 |
Treason |
| 12.1-07-02 |
Desecration of the flag of the United States |
| 12.1-07-03 |
Carrying in parade or the display of certain flags, ensigns, banners, and standards prohibited |
| 12.1-07-04 |
Red or black flags prohibited |
| 12.1-07-05 |
Penalty |
Chapter 12.1-08 - Obstruction of Law Enforcement - Escape
Chapter 12.1-09 - Tampering and Unlawful Influence
| Section |
Section Name |
| 12.1-09-01 |
Tampering with witnesses and informants in proceedings |
| 12.1-09-02 |
Tampering with informants in criminal investigations |
| 12.1-09-03 |
Tampering with physical evidence |
| 12.1-09-04 |
Harassment of and communication with jurors |
| 12.1-09-05 |
Eavesdropping on jury deliberations |
| 12.1-09-06 |
Nondisclosure of retainer in criminal matter |
Chapter 12.1-10 - Contempt - Obstruction of Judicial Proceedings
| Section |
Section Name |
| 12.1-10-01 |
Criminal contempt |
| 12.1-10-02 |
Failure to appear as witness, to produce information, or to be sworn |
| 12.1-10-03 |
Refusal to testify |
| 12.1-10-04 |
Hindering proceedings by disorderly conduct |
| 12.1-10-05 |
Disobedience of judicial order |
| 12.1-10-06 |
Soliciting obstruction of proceedings |
Chapter 12.1-11 - Perjury - Falsification - Breach of Duty
Chapter 12.1-12 - Bribery - Unlawful Influence of Public Servants
Chapter 12.1-13 - Confidential Information - Conflict of Interest - Impersonation
| Section |
Section Name |
| 12.1-13-01 |
Disclosure of confidential information provided to government |
| 12.1-13-02 |
Speculating or wagering on official action or information |
| 12.1-13-03 |
Public servant's interest in public contracts |
| 12.1-13-04 |
Impersonating officials |
Chapter 12.1-14 - Official Oppression - Elections - Civil Rights
| Section |
Section Name |
| 12.1-14-01 |
Official oppression |
| 12.1-14-02 |
Interference with elections |
| 12.1-14-03 |
Safeguarding elections |
| 12.1-14-04 |
Discrimination in public places |
| 12.1-14-05 |
Preventing exercise of civil rights ‑ Hindering or preventing another aiding third person to exercise civil rights |
Chapter 12.1-15 - Defamation - Interception of Communications
Chapter 12.1-16 - Homicide
Chapter 12.1-17 - Assaults - Threats - Coercion - Harassment
Chapter 12.1-17.1 - Offenses Against Unborn Children
Chapter 12.1-18 - Kidnapping
Chapter 12.1-19 - Abortion [Repealed]
Chapter 12.1-19.1 - Abortion
Chapter 12.1-20 - Sex Offenses
Chapter 12.1-21 - Damaging Property or Public Services
| Section |
Section Name |
| 12.1-21-01 |
Arson |
| 12.1-21-02 |
Endangering by fire or explosion |
| 12.1-21-03 |
Failure to control or report a dangerous fire |
| 12.1-21-03.1 |
Negligent act resulting in fire ‑ Penalty |
| 12.1-21-04 |
Release of destructive forces |
| 12.1-21-05 |
Criminal mischief |
| 12.1-21-06 |
Tampering with or damaging a critical infrastructure facility or a public service ‑ Penalty |
| 12.1-21-06.1 |
Interference with telephone during emergency call |
| 12.1-21-07 |
Consent as a defense |
| 12.1-21-08 |
Definitions |
| 12.1-21-09 |
Tampering with, disabling, or falsely sounding a fire alarm ‑ Tampering with or disabling fire suppression equipment |
Chapter 12.1-21.1 - Animal Research Facility Damage
Chapter 12.1-22 - Robbery - Breaking and Entering Offenses
Chapter 12.1-23 - Theft and Related Offenses
| Section |
Section Name |
| 12.1-23-01 |
Consolidation of theft offenses |
| 12.1-23-02 |
Theft of property |
| 12.1-23-02.1 |
Disarming or attempting to disarm a law enforcement officer |
| 12.1-23-03 |
Theft of services |
| 12.1-23-04 |
Theft of property lost, mislaid, or delivered by mistake |
| 12.1-23-05 |
Grading of theft offenses |
| 12.1-23-06 |
Unauthorized use of a vehicle |
| 12.1-23-07 |
Misapplication of entrusted property |
| 12.1-23-08 |
Defrauding secured creditors |
| 12.1-23-08.1 |
Removal of identification marks |
| 12.1-23-08.2 |
Possession of altered property |
| 12.1-23-08.3 |
Dealing in stolen property |
| 12.1-23-08.4 |
Duplication of keys |
| 12.1-23-09 |
Defenses and proof as to theft and related offenses |
| 12.1-23-10 |
Definitions for theft and related offenses |
| 12.1-23-11 |
Unauthorized use of personal identifying information ‑ Penalty |
| 12.1-23-12 |
Jurisdiction ‑ Conduct outside this state |
| 12.1-23-13 |
Distribution and use of theft detection shielding devices |
| 12.1-23-14 |
Detention of persons suspected of unlawful use or removal of theft detection devices ‑ Reasonable cause |
| 12.1-23-15 |
Purchase of beer kegs ‑ Penalty |
| 12.1-23-16 |
Automated sales suppression device, zapper, or phantom-ware - Prohibition - Penalties |
| 12.1-23-17 |
Unlawful skimming of credit, debit, or other electronic payment cards - Penalty |
| 12.1-23-18 |
Definitions |
| 12.1-23-19 |
Use and possession of re‑encoders and scanning devices ‑ Penalty |
Chapter 12.1-23.1 - Theft of Cable Television
| Section |
Section Name |
| 12.1-23.1-01 |
Theft of cable television services ‑ Penalty |
| 12.1-23.1-02 |
Civil penalties for theft of cable television services |
| 12.1-23.1-03 |
Theft of cable television services ‑ Action ‑ Injunction ‑ Property forfeiture |
| 12.1-23.1-04 |
Amateur radio communications ‑ Exemption |
Chapter 12.1-24 - Forgery and Counterfeiting
Chapter 12.1-25 - Riot
Chapter 12.1-26 - Firearms and Destructive Devices [Repealed]
Chapter 12.1-27 - Obscenity [Repealed]
Chapter 12.1-27.1 - Obscenity Control
| Section |
Section Name |
| 12.1-27.1-01 |
Obscenity ‑ Definitions ‑ Dissemination ‑ Classification of offenses |
| 12.1-27.1-02 |
Promoting obscenity to minors ‑ Definitions |
| 12.1-27.1-03 |
Promoting obscenity to minors ‑ Minor performing in obscene performance ‑ Classification of offenses |
| 12.1-27.1-03.1 |
Objectionable materials or performance ‑ Display to minors ‑ Definitions ‑ Penalty |
| 12.1-27.1-03.2 |
Exhibition of X‑rated motion picture in unscreened outdoor theater ‑ Penalty |
| 12.1-27.1-03.3 |
Creation, possession, or dissemination of sexually expressive images prohibited ‑ Exception ‑ Civil action |
| 12.1-27.1-03.4 |
Restrictions on adult-oriented performances ‑ Penalty |
| 12.1-27.1-03.5 |
Public libraries prohibited from maintaining explicit sexual material ‑ Report |
| 12.1-27.1-04 |
Definitions |
| 12.1-27.1-05 |
Civil proceeding a prerequisite to criminal liability |
| 12.1-27.1-06 |
Commencement of civil proceeding ‑ Intervention ‑ Seizure of materials |
| 12.1-27.1-07 |
Procedures ‑ Expanded district court ‑ Appeal |
| 12.1-27.1-08 |
Judgment ‑ Effect ‑ Notice to constructive defendants ‑ Use in criminal prosecutions |
| 12.1-27.1-09 |
Preliminary injunction ‑ Limitations |
| 12.1-27.1-10 |
Conflicting decisions ‑ Resolution |
| 12.1-27.1-11 |
Exceptions to criminal liability |
| 12.1-27.1-12 |
State pre-emption of local laws regulating obscenity |
Chapter 12.1-27.2 - Sexual Performances by Children
Chapter 12.1-28 - Gambling and Related Offenses
| Section |
Section Name |
| 12.1-28-01 |
Gambling ‑ Definitions |
| 12.1-28-02 |
Gambling ‑ Related offenses ‑ Classification of offenses |
Chapter 12.1-29 - Prostitution
Chapter 12.1-30 - Sunday Closing Law
| Section |
Section Name |
| 12.1-30-01 |
Business or labor on Sunday ‑ Exemptions ‑ Classification of offenses |
| 12.1-30-02 |
Items prohibited from sale or rental on Sunday |
| 12.1-30-03 |
Businesses allowed to operate on Sunday ‑ Limitations |
| 12.1-30-04 |
Retail business leases or agreements ‑ Penalty |
Chapter 12.1-31 - Miscellaneous Offenses
| Section |
Section Name |
| 12.1-31-01 |
Disorderly conduct |
| 12.1-31-01.1 |
Disorderly conduct at a funeral ‑ Penalty |
| 12.1-31-01.2 |
Sexual assault restraining order ‑ Penalty |
| 12.1-31-02 |
Engaging in or financing criminal usury business |
| 12.1-31-03 |
Sale of tobacco, electronic smoking devices, or alternative nicotine products to an individual under twenty‑one years of age and use by an individual under twenty‑one years of age prohibited |
| 12.1-31-03.1 |
Vending machines prohibited ‑ Penalty |
| 12.1-31-03.2 |
Child‑resistant packaging for liquid nicotine containers (Contingent expiration date ‑ See note) |
| 12.1-31-03.3 |
Sale of flavored e‑liquid to minors prohibited ‑ Penalty |
| 12.1-31-04 |
Manufacture, sale, or delivery of paraphernalia ‑ Definitions ‑ Penalty |
| 12.1-31-05 |
Child procurement ‑ Penalty |
| 12.1-31-06 |
Volatile chemicals ‑ Inhalation of vapors prohibited ‑ Definitions ‑ Penalty |
| 12.1-31-07 |
Endangering an eligible adult ‑ Penalty |
| 12.1-31-07.1 |
Exploitation of an eligible adult ‑ Penalty |
| 12.1-31-07.2 |
Criminal proceeding involving an eligible adult ‑ Speedy trial |
| 12.1-31-08 |
Possession or distribution of certain photographs or other visual representations prohibited ‑ Penalty |
| 12.1-31-09 |
Fraudulent use of receipts and universal product code labels prohibited ‑ Penalty |
| 12.1-31-10 |
Sale of bidis prohibited ‑ Penalty |
| 12.1-31-11 |
False representation of marital status |
| 12.1-31-12 |
Abortion ‑ Affirmative defenses |
| 12.1-31-13 |
Tattooing, branding, subdermal implants, scarifying, and piercing ‑ Minors |
| 12.1-31-14 |
Surreptitious intrusion or interference with privacy |
| 12.1-31-15 |
Wearing of masks during commission of criminal offense prohibited |
Chapter 12.1-31.1 - Drug Paraphernalia [Repealed]
Chapter 12.1-31.2 - Disorderly Conduct Restraining Order
| Section |
Section Name |
| 12.1-31.2-01 |
Disorderly conduct restraining order ‑ Penalty |
| 12.1-31.2-02 |
Order prohibiting contact |
Chapter 12.1-32 - Penalties and Sentencing
| Section |
Section Name |
| 12.1-32-01 |
Classification of offenses ‑ Penalties |
| 12.1-32-01.1 |
Organizational fines |
| 12.1-32-02 |
Sentencing alternatives ‑ Credit for time in custody ‑ Diagnostic testing |
| 12.1-32-02.1 |
Mandatory prison terms for armed offenders |
| 12.1-32-02.2 |
Repayment of rewards paid by crimestoppers programs ‑ Duties of attorney general ‑ Qualified local programs ‑ Disbursement of moneys collected |
| 12.1-32-02.3 |
Mandatory sentences ‑ Exceptions |
| 12.1-32-03 |
Special sanction for organizations |
| 12.1-32-03.1 |
Procedure for trial of infraction ‑ Incidents |
| 12.1-32-04 |
Factors to be considered in sentencing decision |
| 12.1-32-04.1 |
Gross sexual imposition ‑ Deferred imposition of sentence |
| 12.1-32-05 |
Imposition of fine ‑ Response to nonpayment |
| 12.1-32-06 |
Incidents of probations |
| 12.1-32-06.1 |
Length and termination of probation ‑ Additional probation for violation of conditions ‑ Penalty |
| 12.1-32-07 |
Supervision of probationer ‑ Conditions of probation ‑ Revocation |
| 12.1-32-07.1 |
Release, discharge, or termination of probation |
| 12.1-32-07.2 |
Records and filing of papers |
| 12.1-32-07.3 |
When probationer deemed escapee and fugitive from justice |
| 12.1-32-07.4 |
Presumptive probation |
| 12.1-32-08 |
Hearing prior to ordering restitution or reparation ‑ Conditions ‑ Collection of restitution for insufficient funds checks ‑ Continuing appropriation |
| 12.1-32-09 |
Dangerous special offenders ‑ Habitual offenders ‑ Extended sentences ‑ Procedure |
| 12.1-32-09.1 |
Sentencing of violent offenders |
| 12.1-32-10 |
Mandatory parole components |
| 12.1-32-11 |
Merger of sentences ‑ Sentencing for multiple offenses |
| 12.1-32-12 |
Penalties, sentences, and parole for offenses unclassified and in other titles |
| 12.1-32-13 |
Minor convicted of felony ‑ Sentencing |
| 12.1-32-13.1 |
Juveniles - Sentencing - Reduction |
| 12.1-32-14 |
Restoration of property or other work to be required of certain offenders |
| 12.1-32-15 |
Offenders against children and sexual offenders ‑ Sexually violent predators ‑ Registration requirement ‑ Penalty |
| 12.1-32-16 |
Restitution to be required of certain offenders ‑ Penalty |
Chapter 12.1-33 - Rights of Convicts
Chapter 12.1-34 - Fair Treatment of Victims and Witnesses
| Section |
Section Name |
| 12.1-34-01 |
Definitions In this chapter, unless the context or subject matter otherwise requires: |
| 12.1-34-02 |
Fair treatment standards for victims and witnesses |
| 12.1-34-02.1 |
Sexual violence survivor rights |
| 12.1-34-03 |
Responsibilities of victims and witnesses |
| 12.1-34-04 |
Victim and witness services |
| 12.1-34-05 |
Cause of action for damages or injunctive relief |
| 12.1-34-06 |
Statewide automated victim information and notification system |
| 12.1-34-07 |
Medical screening and acute forensic medical examinations costs ‑ Reimbursement by attorney general ‑ Use of evidence |
| 12.1-34-08 |
Victim's rights card |
Chapter 12.1-35 - Child Victim and Witness Fair Treatment Standards
Chapter 12.1-36 - Female Genital Mutilation
| Section |
Section Name |
| 12.1-36-01 |
Surgical alteration of the genitals of female minor ‑ Penalty ‑ Exception |
Chapter 12.1-36.1 - Minor Sex Change Treatment
Chapter 12.1-37 - Child Support Nonpayment
| Section |
Section Name |
| 12.1-37-01 |
Willful failure to pay child support ‑ Classification of offenses ‑ Affirmative defense ‑ Penalty |
Chapter 12.1-38 - Assumption of Risk in Crimes
Chapter 12.1-39 - Human Cloning
Chapter 12.1-40 - Human Trafficking [Repealed]
Chapter 12.1-41 - Uniform Act on Prevention of and Remedies for Human Trafficking
Title 13 - Debtor and Creditor Relationship
Chapter 13-01 - General Provisions
| Section |
Section Name |
| 13-01-01 |
Definitions of creditor and debtor |
| 13-01-02 |
Debtor's contract valid in absence of fraud |
| 13-01-03 |
Creditors may be preferred |
| 13-01-04 |
Marshalling funds ‑ Rights of creditors |
| 13-01-05 |
Transfers with intent to defraud or delay creditors are void |
| 13-01-06 |
Transfer of personalty without changing of possession or filing of instrument presumed fraudulent |
| 13-01-07 |
Instruments affecting realty void when made with intent to defraud ‑ Good‑faith purchaser protected |
| 13-01-08 |
When act of debtor void for fraud |
| 13-01-09 |
Preference by special partnership or by member thereof ‑ When void |
| 13-01-10 |
Fraudulent intent a question of fact |
| 13-01-11 |
Fraudulent conveyance ‑ Penalty |
| 13-01-12 |
Removing or disposing of property to defraud creditors ‑ Penalty |
| 13-01-13 |
Unlawfully preferring creditors ‑ Penalty |
| 13-01-14 |
Late payment charge on accounts receivable ‑ Exceptions |
| 13-01-14.1 |
Late payment charge on accounts receivable for medical services ‑ Limitations on extensions of credit by medical providers |
| 13-01-15 |
Late payment on accounts receivable ‑ Periodic statement to be furnished to debtor |
Chapter 13-01.1 - Interest on Delinquent Accounts
Chapter 13-01.2 - Financial Institution Data Security Program
Chapter 13-02 - Fraudulent Conveyances [Repealed]
Chapter 13-02.1 - Uniform Voidable Transactions Act
Chapter 13-03 - Small Loans [Repealed]
Chapter 13-03.1 - Consumer Finance Act [Repealed]
Chapter 13-04 - Bank Installment Loans [Repealed]
Chapter 13-04.1 - Money Brokers
Chapter 13-05 - Collection Agencies
| Section |
Section Name |
| 13-05-01 |
Administration |
| 13-05-01.1 |
Definitions |
| 13-05-02 |
Collection agency license required |
| 13-05-02.1 |
Branch offices |
| 13-05-02.2 |
Child support collection agencies |
| 13-05-02.3 |
Entities exempt from licensing requirements |
| 13-05-03 |
Application for a collection agency license |
| 13-05-04 |
Application requirements ‑ Fee to accompany application for collection agency license |
| 13-05-04.1 |
Surety bond required |
| 13-05-04.2 |
Minimum net worth required |
| 13-05-05 |
Expiration and renewal of license |
| 13-05-05.1 |
Change of name or address |
| 13-05-05.2 |
Automatic six‑month extension of license during 2014 calendar year |
| 13-05-06 |
Powers of the department of financial institutions |
| 13-05-06.1 |
Suspension and removal of collection agency officers or employees |
| 13-05-06.2 |
Investigations and subpoenas |
| 13-05-06.3 |
Prohibited acts and practices |
| 13-05-06.4 |
Confidentiality |
| 13-05-06.5 |
Credit card payment |
| 13-05-07 |
Manner in which records and funds to be kept by collection agency |
| 13-05-07.1 |
Response to department requests |
| 13-05-08 |
Revocation of license ‑ Suspension of license ‑ Surrender of license ‑ Pre‑existing contracts |
| 13-05-08.1 |
Biennial report |
| 13-05-09 |
Remedies not exclusive |
| 13-05-10 |
Penalty |
Chapter 13-06 - Debt Adjusting [Repealed]
Chapter 13-07 - Consumer Credit Counseling Services
| Section |
Section Name |
| 13-07-01 |
Consumer credit counseling service ‑ Definition |
| 13-07-02 |
Consumer credit counseling service ‑ Contract requirements |
| 13-07-03 |
Consumer credit counseling service ‑ Surety bond or other security |
| 13-07-04 |
Consumer credit counseling service ‑ Trust accounts |
| 13-07-05 |
Consumer credit counseling service ‑ Accounting records ‑ Availability of statements |
| 13-07-06 |
Fees ‑ Payments ‑ Cancellation |
| 13-07-07 |
Prohibitions ‑ Investigation ‑ Civil penalty |
Chapter 13-08 - Deferred Presentment Service Providers
| Section |
Section Name |
| 13-08-01 |
Definitions |
| 13-08-02 |
License requirements |
| 13-08-03 |
Qualifications for license |
| 13-08-04 |
Application for license |
| 13-08-05 |
Application fees ‑ Financial statements ‑ Annual fee ‑ Deposit of fees |
| 13-08-05.1 |
Change of name or address |
| 13-08-05.2 |
Automatic six‑month extension of license during 2014 calendar year |
| 13-08-06 |
Issuance of license ‑ Posting |
| 13-08-07 |
Nontransferability ‑ Change in control of license |
| 13-08-08 |
Reports of commissioner |
| 13-08-09 |
Expiration of license ‑ Renewal |
| 13-08-10 |
Regulations ‑ Examinations |
| 13-08-11 |
Retention of records |
| 13-08-11.1 |
Response to department requests |
| 13-08-11.2 |
Confidentiality |
| 13-08-12 |
Fees for service ‑ Deferred presentment service transaction procedures ‑ Penalty |
| 13-08-13 |
Denial of license ‑ Hearing |
| 13-08-14 |
Suspension ‑ Revocation |
| 13-08-14.1 |
Suspension and removal of deferred presentment service provider officers and employees |
| 13-08-15 |
Violations ‑ Cease and desist orders ‑ Penalties |
| 13-08-16 |
Disclosure of customer information |
Chapter 13-09 - Money Transmitters [Repealed]
Chapter 13-09.1 - Money Transmitters
Chapter 13-10 - Mortgage Loan Originators
| Section |
Section Name |
| 13-10-01 |
Purpose |
| 13-10-02 |
Definitions |
| 13-10-03 |
License and registration required |
| 13-10-04 |
State license and registration application and issuance |
| 13-10-05 |
Issuance of license |
| 13-10-06 |
Prelicensing and relicensing education of loan originators |
| 13-10-07 |
Testing of loan originators |
| 13-10-08 |
Standards for license renewal |
| 13-10-09 |
Continuing education for mortgage loan originators |
| 13-10-10 |
Authority to require license |
| 13-10-11 |
Nationwide mortgage licensing system and registry information challenge process |
| 13-10-12 |
Enforcement authorities, violations, and penalties |
| 13-10-13 |
Surety bond and minimum net worth requirements ‑ Surety bond required |
| 13-10-14 |
Minimum net worth required |
| 13-10-15 |
Confidentiality |
| 13-10-16 |
Investigation and examination authority |
| 13-10-17 |
Prohibited acts and practices |
| 13-10-18 |
Mortgage call reports |
| 13-10-19 |
Report to nationwide mortgage licensing system and registry |
| 13-10-20 |
Privately insured credit unions |
| 13-10-21 |
Unique identifier shown |
Chapter 13-11 - Debt-Settlement Providers
| Section |
Section Name |
| 13-11-01 |
Definitions |
| 13-11-02 |
License required |
| 13-11-03 |
Application for license |
| 13-11-04 |
Fee and bond to accompany application for debt-settlement license |
| 13-11-05 |
Qualifications for license |
| 13-11-06 |
Expiration and renewal of license |
| 13-11-07 |
Applicant's obligation to update information |
| 13-11-08 |
Records ‑ Annual reports |
| 13-11-09 |
Approval or denial of a license |
| 13-11-10 |
Revocation of license ‑ Suspension of license ‑ Surrender of license |
| 13-11-11 |
Suspension and removal of debt-settlement provider officers and employees |
| 13-11-12 |
Advertising and marketing practices |
| 13-11-13 |
Contracts, books, and records |
| 13-11-14 |
Trust funds ‑ Requirements and restrictions |
| 13-11-15 |
Requirement of good faith |
| 13-11-16 |
Customer service |
| 13-11-17 |
Required presale consumer disclosures and warnings |
| 13-11-18 |
Individualized financial analysis |
| 13-11-19 |
Debt-settlement contract |
| 13-11-20 |
Cancellation of contract and right to fee and settlement fund refunds |
| 13-11-21 |
Fees |
| 13-11-22 |
Voluntary contributions |
| 13-11-23 |
Prohibited acts and practices |
| 13-11-24 |
Notice of litigation |
| 13-11-25 |
Liability for the conduct of other persons |
| 13-11-26 |
Powers of the commissioner |
| 13-11-27 |
Enforcement authorities, violations, and penalties |
| 13-11-28 |
Void contracts |
| 13-11-29 |
Private enforcement |
| 13-11-30 |
Confidentiality |
| 13-11-31 |
Disclosure of customer information |
Chapter 13-12 - Residential Mortgage Lenders
| Section |
Section Name |
| 13-12-01 |
Definitions |
| 13-12-02 |
Administration |
| 13-12-03 |
Residential mortgage lender license required |
| 13-12-04 |
Entities exempted from licensing requirements |
| 13-12-05 |
Application for residential mortgage lender license |
| 13-12-06 |
Fee to accompany application for residential mortgage lender license |
| 13-12-07 |
Surety bond required |
| 13-12-08 |
Minimum net worth required |
| 13-12-09 |
Expiration and renewal of license |
| 13-12-10 |
Powers of the department of financial institutions |
| 13-12-11 |
Manner in which records to be kept |
| 13-12-12 |
Revocation of license ‑ Suspension of license ‑ Surrender of license |
| 13-12-13 |
Suspension and removal of residential mortgage lender officers and employees |
| 13-12-14 |
Prohibited acts and practices |
| 13-12-15 |
Advance fees prohibited ‑ Exception |
| 13-12-16 |
Maximum charges permitted for loans ‑ Installment payments ‑ Permitted charges |
| 13-12-17 |
Orders and injunctions |
| 13-12-18 |
Investigations, subpoenas, and examination authority |
| 13-12-19 |
Response to department requests |
| 13-12-20 |
Remedies not exclusive |
| 13-12-21 |
Penalty |
| 13-12-22 |
Confidentiality |
| 13-12-23 |
Change of name or address |
| 13-12-24 |
Call reports |
| 13-12-25 |
Report to nationwide multistate licensing system and registry |
| 13-12-26 |
Disclosure of customer information |
| 13-12-27 |
Notice to borrower regarding regulation by the department of financial institutions |
Chapter 13-13 - Residential Mortgage Loan Servicers
| Section |
Section Name |
| 13-13-01 |
Definitions |
| 13-13-02 |
Administration |
| 13-13-03 |
Residential mortgage loan servicing license required |
| 13-13-04 |
Entities exempted from licensing requirements |
| 13-13-05 |
Application for residential mortgage loan servicer license |
| 13-13-06 |
Fee to accompany application for residential mortgage loan servicer license |
| 13-13-07 |
Financial condition |
| 13-13-08 |
Financial condition for applicant or licensee not subject to section 13‑13‑07 |
| 13-13-09 |
Corporate governance |
| 13-13-10 |
Expiration and renewal of license |
| 13-13-11 |
Powers of the department of financial institutions |
| 13-13-12 |
Manner in which records to be kept |
| 13-13-13 |
Revocation of license ‑ Suspension of license ‑ Surrender of license |
| 13-13-14 |
Suspension and removal of residential mortgage loan servicer officers and employees |
| 13-13-15 |
Prohibited acts and practices |
| 13-13-16 |
Orders and injunctions |
| 13-13-17 |
Investigations, subpoenas, and examination authority |
| 13-13-18 |
Response to department requests |
| 13-13-19 |
Remedies not exclusive |
| 13-13-20 |
Penalty |
| 13-13-21 |
Confidentiality |
| 13-13-22 |
Change of name or address |
| 13-13-23 |
Call reports |
| 13-13-24 |
Report to nationwide multistate licensing system |
| 13-13-25 |
Disclosure of customer information |
Title 14 - Domestic Relations and Persons
Chapter 14-01 - Powers of Incompetents
| Section |
Section Name |
| 14-01-01 |
Person without understanding ‑ Contract rights ‑ Liability for necessaries |
| 14-01-02 |
Partial incapacity ‑ Contracts ‑ Rescission |
| 14-01-03 |
Insane person ‑ Cannot contract after incapacity determined ‑ Right to make will |
Chapter 14-02 - Personal Rights
| Section |
Section Name |
| 14-02-01 |
General personal rights |
| 14-02-02 |
Defamation classified |
| 14-02-03 |
Civil libel defined |
| 14-02-04 |
Civil slander defined |
| 14-02-05 |
Privileged communications |
| 14-02-06 |
Offenses against personal relation |
| 14-02-07 |
Force to protect |
| 14-02-08 |
Libel suits against newspapers ‑ Retraction |
| 14-02-09 |
Defamation by visual or radio broadcast ‑ Limitation of liability |
| 14-02-10 |
Uniform Single Publication Act |
| 14-02-11 |
State policy against discrimination |
Chapter 14-02.1 - Abortion Control Act
| Section |
Section Name |
| 14-02.1-01 |
Purpose |
| 14-02.1-02 |
Definitions |
| 14-02.1-02.1 |
Printed information ‑ Referral service |
| 14-02.1-02.2 |
Abortion report form |
| 14-02.1-03 |
Consent to abortion ‑ Notification requirements |
| 14-02.1-03.1 |
Parental consent or judicial authorization for abortion of unmarried minor ‑ Statement of intent |
| 14-02.1-03.2 |
Civil damages for performance of abortions without informed consent |
| 14-02.1-03.3 |
Privacy of woman upon whom an abortion is performed or attempted |
| 14-02.1-03.4 |
Required notice at abortion facility |
| 14-02.1-03.5 |
Abortion-inducing drugs |
| 14-02.1-04 |
Limitations on the performance of abortions ‑ Penalty |
| 14-02.1-04.1 |
Prohibition - Sex-selective abortion - Abortion for genetic abnormality - Penalty |
| 14-02.1-04.2 |
Prohibition on human dismemberment abortion ‑ Penalty |
| 14-02.1-05 |
Preserving life of a viable child ‑ Penalty |
| 14-02.1-05.1 |
Determination of detectable heartbeat in unborn child before abortion - Exception |
| 14-02.1-05.2 |
Abortion after detectable heartbeat in unborn child prohibited - Exception - Penalty |
| 14-02.1-05.3 |
Determination of postfertilization age ‑ Abortion of unborn child of twenty or more weeks postfertilization age prohibited |
| 14-02.1-06 |
Soliciting abortions |
| 14-02.1-07 |
Records required ‑ Reporting of practice of abortion |
| 14-02.1-07.1 |
Forms |
| 14-02.1-08 |
Protection of infant born alive ‑ Penalty |
| 14-02.1-09 |
Humane disposal of nonviable unborn child |
| 14-02.1-10 |
Concealing stillbirth or death of infant ‑ Penalty |
| 14-02.1-11 |
General penalty |
| 14-02.1-12 |
Short title |
Chapter 14-02.2 - Fetal Experimentation
| Section |
Section Name |
| 14-02.2-01 |
Live fetal experimentation ‑ Penalty |
| 14-02.2-02 |
Experimentation on dead fetus ‑ Use of fetal organs or tissue for transplantation or experimentation ‑ Sale of fetus or fetal organs or tissue ‑ Penalty |
Chapter 14-02.3 - Limitation of Abortion
| Section |
Section Name |
| 14-02.3-01 |
State policy on abortion and childbirth ‑ Use of public funds restricted |
| 14-02.3-02 |
Use of public funds for family planning ‑ Use for the performance, referral, and encouragement of abortion prohibited |
| 14-02.3-03 |
Payment for abortions by health insurance policies delivered or issued in North Dakota restricted |
| 14-02.3-04 |
Abortion in government hospitals operated within North Dakota restricted |
| 14-02.3-05 |
Penalty |
Chapter 14-02.4 - Human Rights
| Section |
Section Name |
| 14-02.4-01 |
State policy against discrimination |
| 14-02.4-02 |
Definitions |
| 14-02.4-03 |
Employer's discriminatory practices |
| 14-02.4-04 |
Employment agency's discriminatory practices |
| 14-02.4-05 |
Labor organization's discriminatory practices |
| 14-02.4-06 |
Certain employment advertising deemed discriminatory |
| 14-02.4-07 |
Requiring security clearance not discriminatory |
| 14-02.4-08 |
Qualification based on religion, sex, national origin, physical or mental disability, or marital status |
| 14-02.4-08.1 |
Exercise of religion |
| 14-02.4-09 |
Seniority, merit, or other measuring systems and ability tests not discriminatory |
| 14-02.4-10 |
Employment of individual ‑ Exceptions ‑ Physical examination ‑ Investigation of medical history |
| 14-02.4-11 |
Rights of veterans |
| 14-02.4-12 |
Discriminatory housing practices by owner or agent |
| 14-02.4-12.1 |
Discriminatory housing practices |
| 14-02.4-13 |
Discriminatory housing practice by financial institution or lender |
| 14-02.4-14 |
Public accommodations ‑ Discriminatory practices |
| 14-02.4-15 |
Public services ‑ Discriminatory practices |
| 14-02.4-15.1 |
Discrimination in governmental contracts and programs prohibited |
| 14-02.4-15.2 |
Preferred pronoun ‑ Government entity |
| 14-02.4-16 |
Advertising public accommodations or services ‑ Discriminatory practices ‑ Exceptions |
| 14-02.4-17 |
Credit transactions ‑ Discriminatory practices |
| 14-02.4-18 |
Retaliation prohibited |
| 14-02.4-19 |
Actions ‑ Limitations |
| 14-02.4-20 |
Relief |
| 14-02.4-21 |
Records exempt |
| 14-02.4-22 |
Duties and powers of department |
| 14-02.4-23 |
Complaints ‑ Probable cause ‑ Administrative hearing |
Chapter 14-02.5 - Housing Discrimination
Chapter 14-02.6 - Partial-Birth Abortion
Chapter 14-03 - Marriage Contract
| Section |
Section Name |
| 14-03-01 |
What constitutes marriage ‑ Spouse defined |
| 14-03-01.1 |
Members of armed forces deemed residents |
| 14-03-02 |
Lawful age for marriage |
| 14-03-03 |
Void marriages |
| 14-03-04 |
Marriage between white person and Negro person void ‑ Penalty |
| 14-03-05 |
Definition of a Negro person |
| 14-03-06 |
Marriage of person having husband or wife void ‑ Exception |
| 14-03-07 |
Prohibited marriages |
| 14-03-08 |
Foreign marriages recognized ‑ Exception |
| 14-03-09 |
Who may solemnize marriages |
| 14-03-10 |
Marriage may not be solemnized without license |
| 14-03-11 |
Who issues marriage license to official |
| 14-03-12 |
Serological test for syphilis required before application for license filed |
| 14-03-13 |
Standard serological test defined |
| 14-03-14 |
Serological test ‑ Contents of laboratory statement |
| 14-03-15 |
When serological test not necessary |
| 14-03-16 |
Physician's certificate and laboratory statement ‑ Misrepresentation ‑ Penalty |
| 14-03-17 |
Application for license |
| 14-03-18 |
License to and marriage of intoxicated person prohibited |
| 14-03-19 |
License issued to all who comply with law |
| 14-03-20 |
License and certificate |
| 14-03-20.1 |
Surname options |
| 14-03-20.2 |
Middle name options |
| 14-03-21 |
Return of license and certificate ‑ Duplicate delivered to persons married ‑ Records kept ‑ Penalty |
| 14-03-22 |
Marriage license fee ‑ Supplemental fee ‑ Fee for marriage ceremony ‑ Duties of officers |
| 14-03-23 |
Marriage registered with bureau of vital statistics |
| 14-03-24 |
Certified record is evidence |
| 14-03-25 |
Performing marriage ceremony without authority ‑ Penalty |
| 14-03-26 |
Issuing license of marriage between Negroes and whites ‑ Penalty |
| 14-03-27 |
Performing marriage ceremony between Negroes and whites ‑ Penalty |
| 14-03-28 |
Penalty |
Chapter 14-03.1 - Uniform Premarital Agreement Act [Repealed]
Chapter 14-03.2 - Uniform Premarital and Marital Agreements Act
Chapter 14-04 - Annulment of Marriage
Chapter 14-05 - Divorce
| Section |
Section Name |
| 14-05-01 |
Marriage ‑ How dissolved |
| 14-05-02 |
Effect of divorce |
| 14-05-02.1 |
Decree to include social security numbers |
| 14-05-03 |
Causes for divorce |
| 14-05-03.1 |
Grounds for separation |
| 14-05-04 |
Adultery defined |
| 14-05-05 |
Extreme cruelty defined |
| 14-05-06 |
Desertion defined |
| 14-05-07 |
Willful neglect defined |
| 14-05-08 |
Abuse of alcohol or controlled substances defined |
| 14-05-08.1 |
Recognition of foreign decree of divorce and foreign annulment of marriage |
| 14-05-09 |
Desertion, neglect, intemperance ‑ Duration |
| 14-05-09.1 |
Irreconcilable differences defined |
| 14-05-10 |
Denial of divorce |
| 14-05-11 |
Connivance defined |
| 14-05-12 |
Collusion defined |
| 14-05-13 |
Condonation defined ‑ Requisites |
| 14-05-14 |
Revocation of condonation |
| 14-05-15 |
Recrimination defined |
| 14-05-16 |
Limitation of time |
| 14-05-17 |
Residence requirements |
| 14-05-18 |
Presumption of domicile |
| 14-05-19 |
Affirmative proof required |
| 14-05-20 |
Legitimacy of children ‑ Adultery by husband |
| 14-05-21 |
Legitimacy of children ‑ Adultery by wife |
| 14-05-22 |
Parental rights and responsibilities ‑ Costs |
| 14-05-23 |
Temporary support, attorney's fees, and parental rights and responsibilities |
| 14-05-24 |
Division of property and debts |
| 14-05-24.1 |
Spousal support |
| 14-05-24.2 |
Summary real estate disposition judgment |
| 14-05-24.3 |
Property and debt listing information confidential - Exception |
| 14-05-25 |
Security for alimony ‑ Disposition of homestead |
| 14-05-25.1 |
Money judgment to secure division of property enforceable by contempt proceedings ‑ Exemptions from process not available |
| 14-05-25.2 |
Enforcement of support order |
| 14-05-26 |
Separate maintenance provided for when divorce denied |
| 14-05-27 |
Separation ‑ Spousal support ‑ Division of property |
| 14-05-28 |
Decree of separation ‑ Effect |
| 14-05-29 |
Revocation of decree of separation ‑ Divorce granted |
Chapter 14-06 - Separation from Bed and Board [Repealed]
Chapter 14-06.1 - Displaced Homemaker Program
| Section |
Section Name |
| 14-06.1-01 |
Legislative finding and declaration |
| 14-06.1-02 |
Definitions |
| 14-06.1-03 |
Grants ‑ Design and staff |
| 14-06.1-04 |
Sources of funding and in‑kind contributions |
| 14-06.1-05 |
Job counseling program ‑ Design ‑ Emphasis |
| 14-06.1-06 |
Job training program ‑ Development ‑ Stipend for trainees |
| 14-06.1-07 |
Program goals |
| 14-06.1-08 |
Assistance in finding permanent employment for trainee |
| 14-06.1-09 |
Service programs |
| 14-06.1-10 |
Regulations ‑ Eligibility for programs ‑ Level of stipends ‑ Sliding fee scale for service programs |
| 14-06.1-11 |
Delegation of authority |
| 14-06.1-12 |
Citizen advisory structure ‑ Reimbursement of members |
| 14-06.1-13 |
Program evaluation |
| 14-06.1-14 |
Displaced homemaker account ‑ Creation |
| 14-06.1-15 |
Petition for dissolution of marriage, annulment, or separation ‑ Fee assessment |
| 14-06.1-16 |
Continuing appropriation |
Chapter 14-07 - Husband and Wife
| Section |
Section Name |
| 14-07-01 |
Mutual obligations |
| 14-07-02 |
Head of family |
| 14-07-03 |
Duty to support |
| 14-07-04 |
Separate property ‑ Rights and privileges |
| 14-07-05 |
Rights and liabilities of married person |
| 14-07-06 |
Contracts between husband and wife and third persons as to property |
| 14-07-07 |
Contracts to alter marital relations |
| 14-07-08 |
Separate and mutual rights and liabilities of husband and wife |
| 14-07-09 |
Curtesy and dower extinguished |
| 14-07-10 |
Mutual liability for necessaries |
| 14-07-11 |
Spouse liable for support ‑ Exception |
| 14-07-12 |
Transfer of property when abandoned or imprisoned |
| 14-07-13 |
Contracts made under power given by court binding on both parties |
| 14-07-14 |
When order for transfer may be set aside |
| 14-07-15 |
Abandonment or nonsupport of child ‑ Penalty |
| 14-07-16 |
Abandonment or nonsupport of spouse ‑ Penalty |
| 14-07-17 |
Presumption of intent to abandon |
| 14-07-18 |
Penalty for abandonment and nonsupport |
| 14-07-19 |
Bond may be given in lieu of punishment |
| 14-07-20 |
Conditions of bond |
| 14-07-21 |
Violation of conditions of bond ‑ Who may sue on breach |
| 14-07-22 |
Evidence required to prove relationship |
Chapter 14-07.1 - Domestic Violence
| Section |
Section Name |
| 14-07.1-01 |
Definitions |
| 14-07.1-02 |
Domestic violence protection order |
| 14-07.1-02.1 |
Allegation of domestic violence ‑ Effect |
| 14-07.1-02.2 |
Foreign domestic violence protection orders ‑ Full faith and credit recognition and enforcement |
| 14-07.1-03 |
Temporary protection order ‑ Copy to law enforcement agency |
| 14-07.1-03.1 |
Notification of stalking law |
| 14-07.1-04 |
Assistance of law enforcement officer in service or execution |
| 14-07.1-05 |
Right to apply for relief |
| 14-07.1-05.1 |
Appointment of guardian ad litem for minor |
| 14-07.1-06 |
Penalty for violation of a protection order |
| 14-07.1-07 |
Nonexclusive remedy |
| 14-07.1-08 |
Emergency relief |
| 14-07.1-08.1 |
Domestic violence court |
| 14-07.1-09 |
Immunity from liability ‑ Penalty for false reports |
| 14-07.1-10 |
Arrest procedures |
| 14-07.1-11 |
Arrest without warrant |
| 14-07.1-12 |
Reports |
| 14-07.1-13 |
Order prohibiting contact ‑ Penalty |
| 14-07.1-14 |
Law enforcement guidelines and training |
| 14-07.1-15 |
Domestic violence and sexual assault prevention fund established |
| 14-07.1-16 |
Grants ‑ Eligibility ‑ Conditions ‑ Limitation |
| 14-07.1-17 |
Duties of the department |
| 14-07.1-18 |
Domestic violence or sexual assault program records ‑ Confidentiality ‑ Exceptions ‑ Penalty |
| 14-07.1-19 |
Release conditions |
| 14-07.1-20 |
Domestic violence fatality review commission |
Chapter 14-07.2 - Domestic Violence Victim Assistance [Repealed]
Chapter 14-07.3 - Minors' Counseling Information Privacy
Chapter 14-07.4 - Uniform Interstate Enforcement of Protection Orders Act
Chapter 14-07.5 - Uniform Recognition and Enforcement of Canadian Protection Orders Act
Chapter 14-07.6 - Abusive Litigation
| Section |
Section Name |
| 14-07.6-01 |
Definitions |
| 14-07.6-02 |
Burden of proof ‑ Dismissal ‑ Entry of order restricting abusive litigation |
| 14-07.6-03 |
Proceeding when abusive litigation is not present |
| 14-07.6-04 |
Rules ‑ Authority |
Chapter 14-07.7 - Civil Protection Orders
Chapter 14-08 - Action for Spousal or Child Support
| Section |
Section Name |
| 14-08-01 |
Action against husband or wife for support of spouse and minor children ‑ When maintained |
| 14-08-02 |
Power of court to render judgment |
| 14-08-03 |
Procedure for action |
| 14-08-04 |
What payments made by spouse pending action |
| 14-08-05 |
Security required ‑ Receiver |
| 14-08-06 |
Modifying or vacating judgment |
| 14-08-07 |
Support payments ‑ Payment to court ‑ Transfer of payment to court of recipient's residence ‑ Transfer of proceedings for enforcement of decree ‑ Procedures upon failure to pay |
| 14-08-08 |
Notification and duties of county social service board |
| 14-08-09 |
Aid of court available to recipients of support |
| 14-08-10 |
Remedies additional to those existing |
Chapter 14-08.1 - Civil Remedies for Child Support
| Section |
Section Name |
| 14-08.1-01 |
Liability for support |
| 14-08.1-01.1 |
Definitions |
| 14-08.1-02 |
Procedure for action |
| 14-08.1-03 |
Security required ‑ Enforcement remedies |
| 14-08.1-04 |
Duty of child support agency ‑ Sheriff's fees |
| 14-08.1-05 |
Support order to be judgment |
| 14-08.1-05.1 |
Past‑due support ‑ Plan of payment ‑ Work activities |
| 14-08.1-06 |
Suspension of occupational, professional, or recreational license for nonpayment of child support or failure to obey subpoena |
| 14-08.1-07 |
Suspension of motor vehicle operator's license for nonpayment of child support or failure to obey subpoena |
| 14-08.1-08 |
Certification of records |
Chapter 14-09 - Parent and Child
| Section |
Section Name |
| 14-09-00.1 |
Definitions |
| 14-09-01 |
Legitimacy of children born in wedlock |
| 14-09-02 |
Children born after dissolution of marriage or before wedlock ‑ Legitimacy |
| 14-09-03 |
Who may dispute presumption of legitimacy |
| 14-09-04 |
Custody of legitimate child |
| 14-09-05 |
Custody of illegitimate child |
| 14-09-05.1 |
Grandparental rights of visitation to unmarried minor child ‑ Mediation or arbitration |
| 14-09-06 |
Priority of custody of father and mother |
| 14-09-06.1 |
Awarding custody ‑ Best interests and welfare of child |
| 14-09-06.2 |
Best interests and welfare of child ‑ Court consideration ‑ Factors |
| 14-09-06.3 |
Parenting investigations and reports ‑ Costs |
| 14-09-06.4 |
Appointment of attorney guardian ad litem for child in proceedings involving parental rights and responsibilities ‑ Immunity |
| 14-09-06.5 |
Allegation of harm to child ‑ Effect |
| 14-09-06.6 |
Limitations on postjudgment modifications of primary residential responsibility |
| 14-09-07 |
Residence of child |
| 14-09-08 |
Mutual duty to support children |
| 14-09-08.1 |
Support payments ‑ Payment to state disbursement unit ‑ Transfer of proceedings for enforcement of decree ‑ Procedures upon failure to pay |
| 14-09-08.2 |
Support for children after majority ‑ Retroactive application |
| 14-09-08.3 |
Duration of child support obligations |
| 14-09-08.4 |
Periodic review of child support orders |
| 14-09-08.5 |
Notice of review of child support orders |
| 14-09-08.6 |
Obligor's duties upon review |
| 14-09-08.7 |
Notice of review determination |
| 14-09-08.8 |
Motion for amendment of child support order ‑ How made ‑ Presumption when obligor's income unknown |
| 14-09-08.9 |
Request for review ‑ Notice of right to request review |
| 14-09-08.10 |
Order (Contingent effective date ‑ See note) |
| 14-09-08.11 |
Eligible child ‑ Employer to permit enrollment ‑ Employer duties and liabilities ‑ Obligor contest (Contingent effective date ‑ See note) |
| 14-09-08.12 |
Authorization to insurer |
| 14-09-08.13 |
Application for service |
| 14-09-08.14 |
Child support agency to establish criteria |
| 14-09-08.15 |
Reasonable cost of health insurance (Contingent repeal - See note) |
| 14-09-08.16 |
Requests for information from income payer |
| 14-09-08.17 |
Delinquent obligor may not renounce claims |
| 14-09-08.18 |
Health insurance reimbursements received by but not owed to obligor to be paid over ‑ Finding of contempt ‑ Treatment as delinquent child support |
| 14-09-08.19 |
Child support order ‑ Required interest statement |
| 14-09-08.20 |
National medical support notice ‑ Child support agency duties |
| 14-09-08.21 |
Termination of parental rights ‑ Duty of support |
| 14-09-08.22 |
Enforcement of health insurance coverage from an obligee |
| 14-09-09 |
Liability of stepparent for support |
| 14-09-09.1 |
Child support ‑ Wage assignment ‑ Procedures |
| 14-09-09.2 |
Child support ‑ Alternative procedure to withhold and transmit earnings |
| 14-09-09.3 |
Child support ‑ Duties and liabilities of income payer under income withholding order |
| 14-09-09.4 |
Child support ‑ Order for wage assignment or to withhold and transmit earnings ‑ Dissolution, revocation or modification |
| 14-09-09.5 |
Child support ‑ Judgment or order as lien on property ‑ Duration ‑ Effect |
| 14-09-09.6 |
Voluntary income withholding for support ‑ Limitations |
| 14-09-09.7 |
Child support guidelines |
| 14-09-09.8 |
Out‑of‑state wage withholding orders ‑ Filing requirements |
| 14-09-09.9 |
Effect of filing out‑of‑state wage withholding order |
| 14-09-09.10 |
Definitions |
| 14-09-09.11 |
Income withholding order |
| 14-09-09.12 |
Provision of notice of impact of income withholding law to obligors |
| 14-09-09.13 |
Procedure ‑ Notice to obligor |
| 14-09-09.14 |
Hearing upon obligor's request |
| 14-09-09.15 |
Form ‑ Effect of income withholding order |
| 14-09-09.16 |
Service of income withholding order on income payer |
| 14-09-09.17 |
Amendment ‑ Termination of income withholding order |
| 14-09-09.18 |
Interstate income withholding ‑ Initiation by this state to other state |
| 14-09-09.19 |
Interstate income withholding ‑ Duties of the public authority upon receipt of request from another state |
| 14-09-09.20 |
Interstate income withholding ‑ Notice to obligor |
| 14-09-09.21 |
Interstate income withholding ‑ Hearing upon request of obligor |
| 14-09-09.22 |
Interstate income withholding ‑ Form ‑ Service on income payor ‑ Termination of order |
| 14-09-09.23 |
Administration of income withholding |
| 14-09-09.24 |
Immediate income withholding |
| 14-09-09.25 |
Requests by obligee for income withholding ‑ Approval ‑ Procedures and standards |
| 14-09-09.26 |
State is real party in interest |
| 14-09-09.27 |
Attorney represents people's interest in the enforcement of child support obligations |
| 14-09-09.28 |
Application to existing cases |
| 14-09-09.29 |
Coordination of income withholding activities and child support case management |
| 14-09-09.30 |
Monthly amount due |
| 14-09-09.31 |
Child support exempt from process |
| 14-09-09.32 |
Agreements to waive child support |
| 14-09-09.33 |
Offsets of child support |
| 14-09-09.34 |
Lump sum payments |
| 14-09-09.35 |
Transfers of funds for payment of child support |
| 14-09-09.36 |
Fee for child support services |
| 14-09-09.37 |
Allocation of tax exemption for the child |
| 14-09-09.38 |
Child support obligation of incarcerated parents |
| 14-09-09.39 |
Income withholding ‑ Information provided to obligor |
| 14-09-10 |
Reciprocal duty of support for health services ‑ Support of poor |
| 14-09-11 |
Allowance to parent for support of child |
| 14-09-12 |
Support ‑ Liability of parent's estate |
| 14-09-13 |
Neglect of child ‑ Parent liable to third person |
| 14-09-14 |
When parent not liable for support of child |
| 14-09-15 |
Support of children after majority |
| 14-09-16 |
Control of property of child |
| 14-09-17 |
Child's earnings ‑ Relinquished by parent |
| 14-09-18 |
Wages of minors |
| 14-09-19 |
Parental abuse |
| 14-09-20 |
When parent's authority ceases |
| 14-09-21 |
Parent and child not liable for acts of other |
| 14-09-22 |
Abuse of child ‑ Mandatory sentence ‑ Penalty |
| 14-09-22.1 |
Neglect of child - Penalty |
| 14-09-23 |
Full faith and credit for paternity determinations |
| 14-09-24 |
Interference with visitation ‑ Attorney's fees ‑ Enforcement remedies and tools |
| 14-09-24.1 |
Parenting time ‑ Interference ‑ Penalty |
| 14-09-25 |
State disbursement unit ‑ Duties ‑ Continuing appropriation |
| 14-09-26 |
Modification of existing child support orders |
| 14-09-27 |
State disbursement unit fund ‑ Continuing appropriation ‑ Correction of errors |
| 14-09-28 |
Parental custody and visitation rights and duties |
| 14-09-29 |
Parental rights and responsibilities ‑ Best interests and welfare of child |
| 14-09-30 |
Parenting plans ‑ Contents |
| 14-09-31 |
Decisionmaking responsibility |
| 14-09-32 |
Parental rights and responsibilities |
| 14-09-32.1 |
Parent's interest in child's upbringing |
| 14-09-33 |
References to child custody and custodial parent |
| 14-09-34 |
Electronic remittal of funds withheld under an income withholding order |
| 14-09-35 |
Missing child - Duty to report - Penalty |
| 14-09-36 |
Death of a child - Duty to report - Penalty |
Chapter 14-09.1 - Contested Child Proceedings Mediation
Chapter 14-09.2 - Parental Rights and Responsibilities
Chapter 14-09.3 - Uniform Deployed Parents Custody and Visitation Act
| Section |
Section Name |
| 14-09.3-01 |
(102) Definitions |
| 14-09.3-02 |
(103) Remedies for noncompliance |
| 14-09.3-03 |
(104) Jurisdiction |
| 14-09.3-04 |
(105) Notification required of deploying or redeploying parent |
| 14-09.3-05 |
(106) Duty to notify of change of address |
| 14-09.3-06 |
(201) Form of agreement |
| 14-09.3-07 |
(202) Nature of authority created by agreement |
| 14-09.3-08 |
(203) Modification of agreement |
| 14-09.3-09 |
(204) Power of attorney |
| 14-09.3-10 |
(205) Filing agreement or power of attorney with court |
| 14-09.3-11 |
(301) Definition |
| 14-09.3-12 |
(302) Proceeding for temporary custody order |
| 14-09.3-13 |
(303) Expedited hearing |
| 14-09.3-14 |
(304) Testimony by electronic means |
| 14-09.3-15 |
(305) Effect of prior judicial order or agreement |
| 14-09.3-16 |
(306) Grant of caretaking or decisionmaking authority to nonparent |
| 14-09.3-17 |
(307) Grant of limited contact |
| 14-09.3-18 |
(308) Nature of authority created by temporary custody order |
| 14-09.3-19 |
(309) Content of temporary custody order |
| 14-09.3-20 |
(310) Order for child support |
| 14-09.3-21 |
(311) Modifying or terminating grant of custodial responsibility to nonparent |
| 14-09.3-22 |
(401) Procedure for terminating temporary grant of custodial responsibility established by agreement |
| 14-09.3-23 |
(402) Consent procedure for terminating temporary grant of custodial responsibility established by court order |
| 14-09.3-24 |
(403) Visitation before termination of temporary grant of custodial responsibility |
| 14-09.3-25 |
(404) Termination by operation of law of temporary grant of custodial responsibility established by court order |
| 14-09.3-26 |
(502) Relation to Electronic Signatures in Global and National Commerce Act |
Chapter 14-09.4 - Uniform Nonparent Custody and Visitation Act
Chapter 14-10 - Minors
| Section |
Section Name |
| 14-10-00.1 |
Presumption of age |
| 14-10-01 |
Minors defined |
| 14-10-02 |
Adults defined |
| 14-10-03 |
Minor or person of unsound mind liable for wrongs |
| 14-10-04 |
Minor's rights of action |
| 14-10-05 |
Assignment of children prohibited ‑ Penalty |
| 14-10-06 |
Unlawful to encourage or contribute to the delinquency of minor or the conditions of a child in need of protection ‑ Penalty |
| 14-10-07 |
Marriage of minors under supervision of juvenile court may be annulled ‑ Penalty |
| 14-10-08 |
Person to whom child confided substituting other child ‑ Penalty |
| 14-10-09 |
Minor's disability to delegate power and to contract relating to real property |
| 14-10-10 |
Contracts of minor |
| 14-10-11 |
Minor's contracts ‑ Disaffirmation |
| 14-10-12 |
Minor cannot disaffirm contracts for necessaries |
| 14-10-13 |
Minor may not disaffirm statutory contracts |
| 14-10-14 |
Undertaking by minors for release on bail |
| 14-10-15 |
Unborn child ‑ When deemed existing person |
| 14-10-16 |
Identification cards ‑ Application ‑ Misrepresentation of age ‑ Falsifying cards ‑ Penalty |
| 14-10-17 |
Minors ‑ Treatment for sexually transmitted disease ‑ Substance use disorder |
| 14-10-17.1 |
Minor's emergency care |
| 14-10-18 |
Blood donations by minors |
| 14-10-18.1 |
Blood donation ‑ Minors |
| 14-10-19 |
Minor's consent for prenatal care and other pregnancy care services |
| 14-10-20 |
Unaccompanied homeless minor's consent for health care |
Chapter 14-10.1 - Uniform Securities Ownership by Minors Act
| Section |
Section Name |
| 14-10.1-01 |
Definitions |
| 14-10.1-02 |
No liability without notice or knowledge of minority |
| 14-10.1-03 |
When minor may disaffirm or avoid transaction |
| 14-10.1-04 |
Uniformity ‑ Short title |
Chapter 14-10.2 - Uniform Minor Student Capacity to Borrow Act
Chapter 14-11 - Adoption [Repealed]
Chapter 14-12 - Reciprocal Enforcement of Support [Repealed]
Chapter 14-12.1 - Revised Uniform Reciprocal Enforcement of Support Act [Repealed]
Chapter 14-12.2 - Uniform Interstate Family Support Act
| Section |
Section Name |
| 14-12.2-01 |
(102) Definitions As used in this chapter: |
| 14-12.2-02 |
(103) State tribunal and support enforcement agency |
| 14-12.2-03 |
(104) Remedies cumulative |
| 14-12.2-03.1 |
(105) Application of chapter to resident of foreign country and foreign support proceeding |
| 14-12.2-04 |
(201) Bases for jurisdiction over nonresident |
| 14-12.2-05 |
(202) Duration of personal jurisdiction |
| 14-12.2-06 |
(203) Initiating and responding tribunal of this state |
| 14-12.2-07 |
(204) Simultaneous proceedings |
| 14-12.2-08 |
(205) Continuing, exclusive jurisdiction to modify child support order |
| 14-12.2-09 |
(206) Continuing jurisdiction to enforce child support order |
| 14-12.2-10 |
(207) Determination of controlling child support order |
| 14-12.2-11 |
(208) Child support orders for two or more obligees |
| 14-12.2-12 |
(209) Credit for payments |
| 14-12.2-12.1 |
(210) Application of chapter to nonresident subject to personal jurisdiction |
| 14-12.2-12.2 |
(211) Continuing, exclusive jurisdiction to modify spousal support order |
| 14-12.2-13 |
(301) Proceedings under this chapter |
| 14-12.2-14 |
(302) Proceeding by minor parent |
| 14-12.2-15 |
(303) Application of law of this state |
| 14-12.2-16 |
(304) Duties of initiating tribunal |
| 14-12.2-17 |
(305) Duties and powers of responding tribunal |
| 14-12.2-18 |
(306) Inappropriate tribunal |
| 14-12.2-19 |
(307) Duties of support enforcement agency |
| 14-12.2-20 |
(308) Duty of attorney general |
| 14-12.2-21 |
(309) Private counsel |
| 14-12.2-22 |
(310) Duties of state information agency |
| 14-12.2-23 |
(311) Pleadings and accompanying documents |
| 14-12.2-24 |
(312) Nondisclosure of information |
| 14-12.2-25 |
(313) Costs and fees |
| 14-12.2-26 |
(314) Limited immunity of petitioner |
| 14-12.2-27 |
(315) Nonparentage as defense |
| 14-12.2-28 |
(316) Special rules of evidence and procedure |
| 14-12.2-29 |
(317) Communications between tribunals |
| 14-12.2-30 |
(318) Assistance with discovery |
| 14-12.2-31 |
(319) Receipt and disbursement of payments |
| 14-12.2-32 |
(401) Petition to establish support order |
| 14-12.2-32.1 |
(402) Proceeding to determine parentage |
| 14-12.2-33 |
(501) Employer's receipt of income‑withholding order of another state |
| 14-12.2-33.1 |
(502) Employer's compliance with income‑withholding order of another state |
| 14-12.2-33.2 |
(503) Employer's compliance with two or more income‑withholding orders |
| 14-12.2-33.3 |
(504) Immunity from civil liability |
| 14-12.2-33.4 |
(505) Penalties for noncompliance |
| 14-12.2-33.5 |
(506) Contest by obligor |
| 14-12.2-34 |
(507) Administrative enforcement of orders |
| 14-12.2-35 |
(601) Registration of order for enforcement |
| 14-12.2-36 |
(602) Procedure to register order for enforcement |
| 14-12.2-37 |
(603) Effect of registration for enforcement |
| 14-12.2-38 |
(604) Choice of law |
| 14-12.2-39 |
(605) Notice of registration of order |
| 14-12.2-40 |
(606) Procedure to contest validity or enforcement of registered order |
| 14-12.2-41 |
(607) Contest of registration or enforcement |
| 14-12.2-42 |
(608) Confirmed order |
| 14-12.2-43 |
(609) Procedure to register child support order of another state for modification |
| 14-12.2-44 |
(610) Effect of registration for modification |
| 14-12.2-45 |
(611) Modification of child support order of another state |
| 14-12.2-46 |
(612) Recognition of order modified in another state If a child support order issued by a tribunal of this state is modified by a tribunal of another state which assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this state: |
| 14-12.2-46.1 |
(613) Jurisdiction to modify child support order of another state when individual parties reside in this state |
| 14-12.2-46.2 |
(614) Notice to issuing tribunal of modification |
| 14-12.2-46.3 |
(615) Jurisdiction to modify child support order of foreign country or political subdivision |
| 14-12.2-46.4 |
(616) Procedure to register child support order of foreign country for modification |
| 14-12.2-47 |
(701) Proceeding to determine parentage |
| 14-12.2-47.1 |
(701) Definitions |
| 14-12.2-47.2 |
(702) Applicability |
| 14-12.2-47.3 |
(703) Relationship of department of health and human services to United States central authority |
| 14-12.2-47.4 |
(704) Initiation by department of health and human services of support proceeding under convention |
| 14-12.2-47.5 |
(705) Direct request |
| 14-12.2-47.6 |
(706) Registration of convention support order |
| 14-12.2-47.7 |
(707) Contest of registered convention support order |
| 14-12.2-47.8 |
(708) Recognition and enforcement of registered convention support order |
| 14-12.2-47.9 |
(709) Partial enforcement |
| 14-12.2-47.10 |
(710) Foreign support agreement |
| 14-12.2-47.11 |
(711) Modification of convention child support order |
| 14-12.2-47.12 |
(712) Personal information ‑ Limit on use |
| 14-12.2-47.13 |
(713) Record in original language - English translation required |
| 14-12.2-48 |
(801) Grounds for rendition |
| 14-12.2-49 |
(802) Conditions of rendition |
Chapter 14-13 - Interstate Child Placement Compact
| Section |
Section Name |
| 14-13-01 |
Establishment of interstate compact ‑ Text |
| 14-13-02 |
Determination of financial responsibility |
| 14-13-03 |
Definitions |
| 14-13-04 |
Authority to enter into agreements ‑ Limitation |
| 14-13-05 |
Inspection and supervision in other state |
| 14-13-06 |
Restrictions not to apply |
| 14-13-07 |
Placement of delinquent children |
| 14-13-08 |
Governor to appoint compact administrator |
Chapter 14-14 - Uniform Child Custody Jurisdiction Act [Repealed]
Chapter 14-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act
Chapter 14-14.2 - Uniform Child Abduction Prevention Act
| Section |
Section Name |
| 14-14.2-01 |
Definitions |
| 14-14.2-02 |
Cooperation and communication among courts |
| 14-14.2-03 |
Actions for abduction prevention measures |
| 14-14.2-04 |
Jurisdiction |
| 14-14.2-05 |
Contents of petition |
| 14-14.2-06 |
Factors to determine risk of abduction |
| 14-14.2-07 |
Provisions and measures to prevent abduction |
| 14-14.2-08 |
Warrant to take physical custody of child |
| 14-14.2-09 |
Duration of abduction prevention order |
| 14-14.2-10 |
Uniformity of application and construction |
| 14-14.2-11 |
Relation to Electronic Signatures in Global and National Commerce Act |
Chapter 14-15 - Revised Uniform Adoption Act
| Section |
Section Name |
| 14-15-01 |
Definitions |
| 14-15-02 |
Who may be adopted |
| 14-15-03 |
Who may adopt |
| 14-15-04 |
Venue ‑ Inconvenient forum ‑ Caption |
| 14-15-05 |
Persons required to consent to adoption |
| 14-15-06 |
Individuals as to whom consent not required ‑ Notice of hearing |
| 14-15-07 |
How consent is executed |
| 14-15-08 |
Withdrawal of consent |
| 14-15-09 |
Petition for adoption |
| 14-15-10 |
Report of petitioner's expenditures |
| 14-15-11 |
Notice of petition ‑ Investigation and hearing |
| 14-15-12 |
Required residence of minor |
| 14-15-12.1 |
Health insurance requirements for adoptees |
| 14-15-13 |
Appearance ‑ Continuance ‑ Disposition of petition |
| 14-15-14 |
Effect of petition and decree of adoption |
| 14-15-15 |
Appeal and validation of adoption decree |
| 14-15-16 |
Hearings and records in adoption proceedings ‑ Confidential nature ‑ Disclosure of identifying and nonidentifying information ‑ Retroactive operation |
| 14-15-17 |
Recognition or validation of foreign decree affecting adoption |
| 14-15-18 |
Application for new birth record |
| 14-15-19 |
Relinquishment and termination of parent and child relationship |
| 14-15-19.1 |
Right to counsel |
| 14-15-20 |
Adoption and legitimation by conduct |
| 14-15-21 |
Application and construction |
| 14-15-22 |
Short title |
| 14-15-23 |
Effect on pending proceedings |
Chapter 14-15.1 - Child Relinquishment to Identified Adoptive Parents
| Section |
Section Name |
| 14-15.1-01 |
Definitions |
| 14-15.1-02 |
Petition for relinquishment ‑ Filing ‑ Written consent required |
| 14-15.1-03 |
Petition for relinquishment ‑ Hearing ‑ Temporary custody order ‑ Notice ‑ Order for relinquishment |
| 14-15.1-04 |
Report of child‑placing agency |
| 14-15.1-05 |
Report of agreements and disbursements |
| 14-15.1-06 |
Fees and charges |
| 14-15.1-07 |
Adoption petition ‑ Time limit for filing |
| 14-15.1-08 |
Confidentiality of records |
Chapter 14-16 - Identification Cards [Repealed]
Chapter 14-17 - Uniform Parentage Act [Repealed]
Chapter 14-18 - Uniform Status of Children of Assisted Conception Act
Chapter 14-19 - Paternity Acknowledgment
| Section |
Section Name |
| 14-19-01 |
Definitions |
| 14-19-02 |
Construction of chapter ‑ Place of acknowledgment or birth need not be within this state |
| 14-19-03 |
Establishment of relationship of father and child |
| 14-19-04 |
Effect of voluntary acknowledgment of paternity ‑ Who may dispute |
| 14-19-05 |
Filing of acknowledgment |
| 14-19-06 |
Hospital‑based program for acknowledgment of paternity ‑ Effect of noncompliance |
| 14-19-07 |
Immunity from liability |
| 14-19-08 |
Powers and duties of the department |
| 14-19-09 |
When acknowledgment is voidable |
| 14-19-10 |
Vacation or rescission of acknowledgments ‑ Time for commencing actions ‑ Effect on presumptions under section 14‑17‑04 ‑ Notice |
| 14-19-11 |
Oral notice |
| 14-19-12 |
Voluntary paternity establishment service entities ‑ Duties |
Chapter 14-20 - Uniform Parentage Act
| Section |
Section Name |
| 14-20-01 |
(101) Short title |
| 14-20-02 |
(102) Definitions |
| 14-20-03 |
(103) Scope ‑ Choice of law |
| 14-20-04 |
(104) Courts of this state |
| 14-20-05 |
(105) Protection of participants |
| 14-20-06 |
(106) Determination of maternity |
| 14-20-07 |
(201) Establishment of parent‑child relationship |
| 14-20-08 |
(202) No discrimination based on marital status |
| 14-20-09 |
(203) Consequences of establishment of parentage |
| 14-20-10 |
(204) Presumption of paternity |
| 14-20-11 |
(301) Acknowledgment of paternity |
| 14-20-12 |
(302) Execution of acknowledgment of paternity |
| 14-20-13 |
(303) Denial of paternity |
| 14-20-14 |
(304) Rules for acknowledgment and denial of paternity |
| 14-20-15 |
(305) Effect of acknowledgment or denial of paternity |
| 14-20-16 |
(306) No filing fee |
| 14-20-17 |
(307) Proceeding for rescission |
| 14-20-18 |
(308) Challenge after expiration of period for rescission |
| 14-20-19 |
(309) Procedure for rescission or challenge |
| 14-20-20 |
(310) Ratification barred |
| 14-20-21 |
(311) Full faith and credit |
| 14-20-22 |
(312) Forms for acknowledgment and denial of paternity |
| 14-20-23 |
(313) Release of information |
| 14-20-24 |
(314) Adoption of rules |
| 14-20-25 |
(501) Scope |
| 14-20-26 |
(502) Order for testing |
| 14-20-27 |
(503) Requirements for genetic testing |
| 14-20-28 |
(504) Report of genetic testing |
| 14-20-29 |
(505) Genetic testing results ‑ Rebuttal |
| 14-20-30 |
(506) Costs of genetic testing |
| 14-20-31 |
(507) Additional genetic testing |
| 14-20-32 |
(508) Genetic testing when specimens not available |
| 14-20-33 |
(509) Deceased individual |
| 14-20-34 |
(510) Identical brothers |
| 14-20-35 |
(511) Confidentiality of genetic testing |
| 14-20-36 |
(601) Proceeding authorized |
| 14-20-37 |
(602) Standing to maintain proceeding |
| 14-20-38 |
(603) Parties to proceeding |
| 14-20-39 |
(604) Personal jurisdiction |
| 14-20-40 |
(605) Venue |
| 14-20-41 |
(606) No limitation ‑ Child having no presumed, acknowledged, or adjudicated father |
| 14-20-42 |
(607) Limitation ‑ Child having presumed father |
| 14-20-43 |
(608) Authority to deny motion for genetic testing |
| 14-20-44 |
(609) Limitation ‑ Child having acknowledged or adjudicated father |
| 14-20-45 |
(610) Joinder of proceedings |
| 14-20-46 |
(611) Proceeding before birth |
| 14-20-47 |
(612) Child as party ‑ Representation |
| 14-20-48 |
(621) Admissibility of results of genetic testing ‑ Expenses |
| 14-20-49 |
(622) Consequences of declining genetic testing |
| 14-20-50 |
(623) Admission of paternity authorized |
| 14-20-51 |
(624) Temporary order |
| 14-20-52 |
(631) Rules for adjudication of paternity |
| 14-20-53 |
(632) Jury prohibited |
| 14-20-54 |
(633) Hearings ‑ Inspection of records |
| 14-20-55 |
(634) Order on default |
| 14-20-56 |
(635) Dismissal for want of prosecution |
| 14-20-57 |
(636) Order adjudicating parentage |
| 14-20-58 |
(637) Binding effect of determination of parentage |
| 14-20-58.1 |
Liability for collection of support |
| 14-20-59 |
(701) Scope |
| 14-20-60 |
(702) Parental status of donor |
| 14-20-61 |
(703) Paternity of child of assisted reproduction |
| 14-20-62 |
(704) Consent to assisted reproduction |
| 14-20-63 |
(705) Limitation on husband's dispute of paternity |
| 14-20-64 |
(706) Effect of dissolution of marriage or withdrawal of consent |
| 14-20-65 |
(707) Parental status of deceased individual |
| 14-20-66 |
(901) Uniformity of application and construction |
Title 15 - Education
Chapter 15-01 - Board of University and School Lands
| Section |
Section Name |
| 15-01-01 |
Board ‑ Membership ‑ Officers |
| 15-01-02 |
Powers ‑ Control of public lands and permanent funds |
| 15-01-02.1 |
Board of university and school lands to set and establish fees ‑ Collections |
| 15-01-03 |
Meetings of board ‑ Quorum |
| 15-01-04 |
Record of meeting |
| 15-01-05 |
Expenses of board ‑ How paid ‑ Limitations |
Chapter 15-02 - Commissioner of University and School Lands
| Section |
Section Name |
| 15-02-01 |
Commissioner of university and school lands ‑ Appointment ‑ Oath |
| 15-02-02 |
Term of office ‑ Vacancy |
| 15-02-03 |
Commissioner ‑ Salary |
| 15-02-04 |
Deputy commissioner ‑ Appointment ‑ Oath |
| 15-02-05 |
Powers and duties in general |
| 15-02-05.1 |
Additional duties of commissioner |
| 15-02-05.2 |
Administrator of abandoned property ‑ Employment |
| 15-02-06 |
Recording of clear lists of original grant lands ‑ Fees |
| 15-02-07 |
Custody of abstracts and conveyances to state |
| 15-02-08 |
Commissioner to keep record of permanent funds ‑ Biennial report |
| 15-02-08.1 |
Investment reports ‑ Report to budget section |
| 15-02-09 |
Commissioner to have seal ‑ Seal as evidence |
| 15-02-10 |
Fees for lease, contracts, patents ‑ Collection |
Chapter 15-03 - Investment of Funds
| Section |
Section Name |
| 15-03-01 |
Permanent funds ‑ State treasurer |
| 15-03-01.1 |
Creation of maintenance fund |
| 15-03-01.2 |
Payment of salaries and expenses from maintenance fund ‑ Vouchers and warrants |
| 15-03-01.3 |
Apportionment of maintenance fund balances quarterly |
| 15-03-02 |
Proceeds from trust fund assets |
| 15-03-03 |
State treasurer to have custody of certain school funds |
| 15-03-04 |
Legal investments |
| 15-03-04.1 |
Loan pool account |
| 15-03-04.2 |
Board authority over farm loans |
| 15-03-04.3 |
Loan pool account ‑ Management by Bank of North Dakota |
| 15-03-05 |
One‑half of permanent funds to be invested in farm loans ‑ Exception |
| 15-03-05.1 |
Calculation of fund income ‑ Coal development trust fund |
| 15-03-05.2 |
Distribution of fund income |
| 15-03-06 |
Farm loans ‑ Procedure in negotiating and completing loans |
| 15-03-07 |
Limitations on farm loans |
| 15-03-08 |
Warrant for amount of loan ‑ Payable to state land commissioner ‑ Disbursement |
| 15-03-09 |
Term, interest, payment of farm loans |
| 15-03-10 |
Assignment of mortgage ‑ Regulations governing ‑ Execution |
| 15-03-11 |
Satisfaction of mortgages |
| 15-03-12 |
Foreclosure of mortgages |
| 15-03-13 |
Redemption after foreclosure |
| 15-03-14 |
Conveyance of mortgaged land to state ‑ Effect |
| 15-03-14.1 |
Quieting title to certain state lands |
| 15-03-15 |
Meeting to consider investments and approval of farm loans ‑ Notice ‑ Vote required |
| 15-03-16 |
Continuing appropriation for investments |
| 15-03-17 |
Redemption of bonds by political subdivisions |
| 15-03-18 |
Commissioner to maintain records of investments |
| 15-03-19 |
Board authorizing drawing of warrant upon investment of permanent funds ‑ Record of warrant |
| 15-03-20 |
Reducing or canceling interest due on contracts and mortgages |
| 15-03-21 |
State treasurer ‑ Duty to collect ‑ Report to board ‑ Duty of attorney general |
Chapter 15-04 - Leases of Original Grant Lands for Agricultural Purposes
| Section |
Section Name |
| 15-04-01 |
Leasing of school and other public lands ‑ Rent |
| 15-04-02 |
Lease of cultivated lands for summer fallow |
| 15-04-03 |
Rent for cultivated lands |
| 15-04-04 |
Failure to summer‑fallow cultivated lands cause for cancellation of lease |
| 15-04-05 |
Removal of or payment for improvements upon termination or lease of land |
| 15-04-06 |
Board of appraisers to appraise land in county ‑ Return of appraisement |
| 15-04-07 |
Minimum rentals |
| 15-04-08 |
Selection of lands to be leased |
| 15-04-09 |
Notice of leasing ‑ Publication ‑ Posting |
| 15-04-10 |
Leasing to be by auction ‑ Requirements governing |
| 15-04-11 |
Amount of bid deposited at time of leasing ‑ Minimum bid |
| 15-04-12 |
Adjournment of auction for leasing |
| 15-04-13 |
Approval of leases by board ‑ Execution of lease contracts |
| 15-04-13.1 |
Liability of lessee to public |
| 15-04-14 |
Failure to lease lands after advertisement ‑ Board may make rental contracts |
| 15-04-15 |
Collection of rentals |
| 15-04-16 |
Report by county treasurer of rentals collected |
| 15-04-17 |
County treasurer's bond to indemnify state for collections of rentals |
| 15-04-18 |
Destruction of timber by lessee prohibited ‑ Exception ‑ Penalty |
| 15-04-19 |
Lessee not to break or plow uncultivated land ‑ Penalty |
| 15-04-20 |
Permits to cut hay and to remove timber |
| 15-04-21 |
Recovery of possession ‑ Actions |
| 15-04-22 |
Fraudulent bidding ‑ Penalty |
| 15-04-23 |
County services benefiting school trust lands ‑ Payment ‑ Continuing appropriation |
| 15-04-24 |
Appropriation for land expenses ‑ Continuing appropriation |
Chapter 15-05 - Leasing Coal, Oil, Gas, and Other Rights
| Section |
Section Name |
| 15-05-01 |
Coal lands or coal in tracts ‑ Leases ‑ Term |
| 15-05-02 |
Rental for coal lands ‑ Regulations governing |
| 15-05-03 |
Lease for coal mining purposes not to interfere with right to lease for pasture ‑ Exception |
| 15-05-04 |
Lands containing coal leased for agricultural purposes ‑ Contents of lease |
| 15-05-05 |
Board to make rules and regulations governing coal leasing |
| 15-05-06 |
Valuable deposits found on school and public institution lands ‑ Disposal |
| 15-05-07 |
State geologist to determine lands on which coal exists |
| 15-05-08 |
Penalty for mining and prospecting in violation of requirements governing |
| 15-05-09 |
Leases for oil, gas, and other products |
| 15-05-10 |
Royalties from oil and gas leases ‑ Obligation to pay ‑ Rents from other leases ‑ Breach ‑ Rules |
| 15-05-11 |
Improvements defined |
| 15-05-12 |
Sale or lease of land on which improvements have been made ‑ Right of owner of improvements |
| 15-05-12.1 |
Improvements made on lands by a mineral lessee |
| 15-05-13 |
Oil, gas, and other leases separate from grazing and farming leases |
| 15-05-14 |
Bonds for rents and royalties |
| 15-05-15 |
Assignment of lease only with consent of board |
| 15-05-16 |
Reports ‑ State geologist ‑ Department of health and human services ‑ Department of environmental quality |
| 15-05-17 |
Lessee first establishing oil well has preference as to leasing of adjacent lands |
| 15-05-18 |
Leases of sand and gravel, construction aggregate, and other construction minerals |
| 15-05-19 |
Appropriation for lease expenses ‑ Continuing appropriation |
Chapter 15-06 - Sale of Original Grant Lands
| Section |
Section Name |
| 15-06-01 |
Original grant lands defined |
| 15-06-02 |
County board of appraisers ‑ How composed |
| 15-06-03 |
Appraisement of lands by county board of appraisers ‑ Regulations governing |
| 15-06-04 |
Certification and verification of appraisal ‑ Penalty for false statement |
| 15-06-05 |
When lands remaining unsold reappraised |
| 15-06-06 |
Selecting and certifying lands for sale ‑ Time of sale |
| 15-06-07 |
Notice of sale ‑ Contents ‑ Publication |
| 15-06-08 |
Manner of sale ‑ Purchase price |
| 15-06-09 |
Postponement of sale ‑ Order for ‑ Publication of notice |
| 15-06-10 |
Terms of sale ‑ Sale to highest bidder ‑ Penalty for failure to make first payment |
| 15-06-11 |
Withdrawal of lands from sale ‑ Notice to county auditor ‑ Public notice |
| 15-06-12 |
County auditor to act as clerk at sale ‑ Report of sale |
| 15-06-13 |
Execution of contract with purchaser ‑ Notice ‑ Failure to execute |
| 15-06-14 |
Subdivision of land into small tracts or lots |
| 15-06-15 |
Sale of lots and parcels ‑ New appraisal ‑ Terms of sale |
| 15-06-16 |
Recording of corrected map when tract divided into parcels or lots |
| 15-06-17 |
Prepayments on contracts permitted ‑ Payment for townsite lands |
| 15-06-18 |
Resale to original contractholder or heirs or assigns ‑ Condition and terms |
| 15-06-19 |
Reconveyance to the United States of lands improperly conveyed |
| 15-06-19.1 |
Exchange of lands with the United States |
| 15-06-20 |
Coal lands not to be sold but may be leased |
| 15-06-21 |
Description of school lands withdrawn from sale except for park purposes |
| 15-06-22 |
Offer to purchase original grant land ‑ Appraisal ‑ Continuing appropriation |
| 15-06-23 |
Certification and verification of appraisal |
| 15-06-24 |
When reappraisal unnecessary in land remaining unsold |
| 15-06-25 |
Notice of sale ‑ Contents ‑ Publication |
| 15-06-26 |
Manner of sale ‑ Purchase price |
| 15-06-27 |
Terms of sale ‑ Sale to highest bidder ‑ Penalty for failure to make first payment |
| 15-06-28 |
Execution of contract ‑ Failure |
| 15-06-29 |
Subdivision of land into small tracts or lots |
| 15-06-30 |
Sale of lots and parcels ‑ New appraisal ‑ Terms of sale |
| 15-06-31 |
Recording of correct map when tract divided into parcels or lots |
| 15-06-32 |
Prepayments on contracts permitted |
| 15-06-32.1 |
Contracts ‑ Renegotiation |
| 15-06-33 |
Sale of stumpage near Garrison dam authorized |
| 15-06-34 |
Applications to purchase |
| 15-06-35 |
Procedure |
| 15-06-36 |
Sale at public auction |
| 15-06-37 |
Conveyance |
| 15-06-38 |
Forest management authorized ‑ Discontinuance |
| 15-06-39 |
State forester to control lands designated for forest management |
| 15-06-40 |
Application of income |
| 15-06-41 |
Reports by state forester to board of university and school lands |
Chapter 15-07 - Sale and Lease of Nongrant Lands
| Section |
Section Name |
| 15-07-01 |
Definitions |
| 15-07-02 |
Rules and regulations for sale of nongrant lands ‑ Powers of board |
| 15-07-03 |
Sale of nongrant lands authorized |
| 15-07-04 |
Sale requirements |
| 15-07-05 |
Public sale of lands other than original grant lands ‑ Notice |
| 15-07-06 |
Public sale of nongrant lands ‑ Terms and conditions of sale ‑ Contract |
| 15-07-07 |
Conveyance to purchaser upon payment in full of purchase price |
| 15-07-07.1 |
Former conveyances confirmed |
| 15-07-08 |
Sale of nongrant lands on crop payment contract ‑ Conditions precedent to sale |
| 15-07-09 |
Sale of nongrant lands on crop payment contract ‑ Payment of purchase price |
| 15-07-10 |
Mortgagor has right to repurchase |
| 15-07-11 |
Purchaser of farmlands purchased on crop share payment contract ‑ Account of farm income ‑ Assignability of contract |
| 15-07-12 |
Use of lands purchased on crop payment contract for other than income purposes |
| 15-07-13 |
Applicant for purchase on crop payment contract to pay appraisal fee ‑ Private sale authorized on crop payment contract |
| 15-07-14 |
State has lien on produce of lands sold on crop payment contract |
| 15-07-15 |
Sale of nongrant lands on amortized payment plan ‑ Conditions of sale |
| 15-07-16 |
Application to purchase nongrant lands on amortization contract |
| 15-07-17 |
Terms of sale of nongrant lands sold on amortization contract |
| 15-07-18 |
Contract of sale on amortized payment plan |
| 15-07-19 |
Islands owned by state ‑ Lease and sale |
| 15-07-20 |
Leasing of nongrant lands |
| 15-07-21 |
Cancellation of leases of nongrant lands |
| 15-07-22 |
Appropriation for expenses ‑ Continuing appropriation |
Chapter 15-08 - Provisions Relating to Original Grant and to Nongrant Lands
| Section |
Section Name |
| 15-08-01 |
Permanent and interest and income funds |
| 15-08-01.1 |
Oil and gas bonus payments ‑ Apportionment and distribution |
| 15-08-02 |
Township and district assessors to examine state lands ‑ Compensation |
| 15-08-03 |
Compensation of board of appraisers |
| 15-08-04 |
Surveys to be made when necessary ‑ Continuing appropriation for expenses |
| 15-08-05 |
Sale of public lands subject to confirmation |
| 15-08-06 |
Void sales ‑ Surrender of contract ‑ Refunding of money |
| 15-08-07 |
Contracts of purchase ‑ Rights of holder ‑ Recording |
| 15-08-08 |
Assignee or successor in interest of purchaser ‑ Rights and liabilities ‑ Judicial sale ‑ Subrogation |
| 15-08-09 |
Contracts may be surrendered and two or more contracts issued in lieu thereof |
| 15-08-10 |
Surrender of contract and issuance of new contract and deed for railroad right of way |
| 15-08-11 |
Contract payments made to commissioner ‑ Report to state treasurer |
| 15-08-12 |
Cancellation of contracts of sale for default ‑ Notice ‑ Recording cancellation |
| 15-08-13 |
Redemption from cancellation of contracts |
| 15-08-14 |
Redemption of lands not listed for taxation |
| 15-08-15 |
Fee title in state until contract is fulfilled ‑ Unlawful detainer |
| 15-08-16 |
Patents for public lands ‑ Execution |
| 15-08-16.1 |
Patents to public lands issued to a person who died before date of patent ‑ Effect |
| 15-08-17 |
Patents ‑ Recording ‑ Effect |
| 15-08-18 |
Notice of sale to county auditors for taxation purposes |
| 15-08-18.1 |
Taxation of public lands sold on contract ‑ Cancellation |
| 15-08-18.2 |
Cancellation of taxes upon cancellation of contract |
| 15-08-18.3 |
Taxation upon sale to vendee under preference right |
| 15-08-18.4 |
Taxation after reinstatement |
| 15-08-18.5 |
Payment of tax before conveyance |
| 15-08-18.6 |
Exception |
| 15-08-19 |
Taxation of and foreclosure of tax lien on property sold by state on deferred payment contract |
| 15-08-19.1 |
Organized event |
| 15-08-19.2 |
Public access |
| 15-08-19.3 |
Vehicular access |
| 15-08-19.4 |
Prohibited activities ‑ Penalty |
| 15-08-20 |
Willful and casual trespass ‑ Civil action for damages |
| 15-08-21 |
Willful trespass ‑ Penalty |
| 15-08-21.1 |
Willful trespass ‑ Penalty |
| 15-08-22 |
Seizure and sale of articles severed from land after trespass |
| 15-08-23 |
State's attorneys to report and prosecute trespasses |
| 15-08-24 |
Damages recovered paid into school fund |
| 15-08-25 |
Lease or sale of public lands traversed or bisected by a highway, road, railroad, canal, river, or lake |
| 15-08-26 |
Removal of or payment for improvements upon termination of lease |
| 15-08-27 |
Reservations and exceptions on the sale of land |
| 15-08-28 |
Penalty |
Chapter 15-08.1 - Transfer of Possessory Interests in Realty
| Section |
Section Name |
| 15-08.1-01 |
Declaration of policy and intent |
| 15-08.1-02 |
Transfer of present possessory interests in real property |
| 15-08.1-02.1 |
Transfer of present possessory interests ‑ Self‑executing |
| 15-08.1-03 |
Transfer of future possessory interests in real property |
| 15-08.1-04 |
Exceptions to transfers |
| 15-08.1-05 |
Existing contracts and encumbrances recognized |
| 15-08.1-05.1 |
Validation of conveyances |
| 15-08.1-06 |
Duties and powers of the board |
| 15-08.1-07 |
Rulemaking authority |
| 15-08.1-08 |
Income ‑ Expenses ‑ Reimbursement ‑ Creation of strategic investment and improvements fund - Legislative intent |
| 15-08.1-09 |
Strategic investment and improvements fund ‑ Continuing appropriation |
Chapter 15-08.2 - Transfer of Possessory Interests in Sovereign Lands [Repealed]
Chapter 15-09 - Condemnation of Public Lands and Sales in Lieu Thereof
| Section |
Section Name |
| 15-09-01 |
Public lands ‑ Application to acquire for public or quasi‑public purpose |
| 15-09-02 |
Appraisal of lands described in application |
| 15-09-03 |
Notice of hearing on application ‑ Publication ‑ Hearing and right to appear |
| 15-09-04 |
Board to fix price for lands described in application ‑ Conveyance |
| 15-09-05 |
Disagreement as to purchase price ‑ Condemnation ‑ Procedure ‑ Fixing values |
Chapter 15-10 - The State Board of Higher Education
| Section |
Section Name |
| 15-10-01 |
State board of higher education ‑ Institutions administered by board |
| 15-10-01.1 |
Board of higher education to assume jurisdiction over junior colleges and off‑campus educational centers |
| 15-10-01.2 |
North Dakota university system ‑ Unified system of higher education |
| 15-10-02 |
Membership of state board of higher education ‑ Advisers |
| 15-10-03 |
Terms of office |
| 15-10-04 |
Failure of senate to confirm nomination to board ‑ Procedure |
| 15-10-05 |
Appointments to fill vacancies when legislative assembly not in session |
| 15-10-06 |
Removal ‑ Impeachment only |
| 15-10-07 |
Oath of office ‑ Quorum |
| 15-10-08 |
Compensation of board members ‑ Expenses ‑ Legislative appropriations |
| 15-10-09 |
President and secretary of board ‑ Appointment ‑ Term |
| 15-10-10 |
State commissioner of higher education ‑ Qualification ‑ Appointment ‑ Term ‑ Removal |
| 15-10-10.1 |
State commissioner of higher education - Contract terms - Institution position |
| 15-10-11 |
Authority and general powers of board |
| 15-10-12 |
Board may accept gifts and bequests ‑ Deposit of funds |
| 15-10-12.1 |
Acceptance of buildings and campus improvements ‑ Legislative approval |
| 15-10-12.2 |
College and university investment income |
| 15-10-12.3 |
Capital construction projects ‑ Local fund sources ‑ Local matching funds ‑ Report to budget section |
| 15-10-13 |
Faculties of institutions under supervision of state board of higher education ‑ Rules and regulations |
| 15-10-13.1 |
Faculty ‑ English language proficiency |
| 15-10-13.2 |
Public institutions of higher education ‑ Faculty members ‑ Oath or affirmation |
| 15-10-13.3 |
Public institutions of higher education ‑ Alien faculty members ‑ Oath or affirmation |
| 15-10-13.4 |
Academic tenure - Policy - Evaluations |
| 15-10-13.5 |
Presidential searches |
| 15-10-14 |
Accounts and records of institutions ‑ Examination and audit |
| 15-10-14.1 |
Higher education reports |
| 15-10-14.2 |
Higher education system strategic plan ‑ Reports |
| 15-10-15 |
Budget requests ‑ Duties of institution heads |
| 15-10-16 |
Control of funds and appropriations of educational institutions |
| 15-10-16.1 |
Loans from Bank of North Dakota |
| 15-10-17 |
Specific powers and duties of the state board of higher education |
| 15-10-17.1 |
Conduct of students and others and use of facilities of state colleges and universities |
| 15-10-17.2 |
Claims against institutions of higher education ‑ Continuing appropriation |
| 15-10-17.3 |
Political advertising ‑ Student housing |
| 15-10-17.4 |
Contract ‑ Preparation and provision of meals ‑ Policy |
| 15-10-17.5 |
Quorums of state board of higher education committees |
| 15-10-18 |
Tuition of nonresidents at schools under control of state board of higher education |
| 15-10-18.1 |
Waiver of tuition at state institutions for North Dakota youth correctional center graduates |
| 15-10-18.2 |
Definitions |
| 15-10-18.3 |
Free tuition in North Dakota institutions of higher education |
| 15-10-18.4 |
Definitions |
| 15-10-18.5 |
Free tuition in North Dakota institutions of higher education for survivor of firefighter, emergency medical services personnel, or peace officer |
| 15-10-19 |
Nonresident student for tuition purposes defined ‑ Exceptions |
| 15-10-19.1 |
Nonresident and resident student for tuition purposes defined |
| 15-10-20 |
Tuition at model schools in higher educational institutions ‑ Attendance authorized by district school board |
| 15-10-21 |
Military instruction required |
| 15-10-22 |
Course in cooperatives required |
| 15-10-23 |
Lease of building sites on educational institution grounds |
| 15-10-24 |
Monthly statements of institutional expenditures and payroll to board of higher education |
| 15-10-25 |
Abstracts of expenditures and payroll to the office of management and budget |
| 15-10-25.1 |
Out‑of‑state travel by persons employed by the institutions under the control of the board of higher education |
| 15-10-26 |
Appropriations |
| 15-10-27 |
Appropriations for specific purposes ‑ Payment |
| 15-10-28 |
Agreements with other states' institutions of higher learning and regional education compacts |
| 15-10-28.1 |
Board of higher education to require note from veterinary medicine, optometry, or dental student ‑ Repayment |
| 15-10-28.2 |
Regional veterinary medical education program ‑ Authority to enter agreements ‑ Limitations |
| 15-10-29 |
Higher education facilities commission ‑ Membership ‑ Appointment ‑ Term ‑ Vacancies |
| 15-10-30 |
Powers and duties |
| 15-10-31 |
Federal money received by commission ‑ Where deposited ‑ How appropriated ‑ How expended |
| 15-10-32 |
Compensation of commission members ‑ Travel expenses |
| 15-10-33 |
Granting easements to state‑owned land by the state board of higher education |
| 15-10-34 |
Authorization of contingency funds at institutions under the board of higher education |
| 15-10-35 |
Investment of endowment funds by the institutions under the control of the board of higher education |
| 15-10-36 |
Student registration with selective service system |
| 15-10-37 |
Technology occupations student loan program |
| 15-10-38 |
Loans ‑ Teacher shortages ‑ Loan forgiveness |
| 15-10-38.1 |
Skilled workforce student loan repayment program ‑ Skilled workforce student loan repayment program fund ‑ Continuing appropriation ‑ Report |
| 15-10-38.2 |
Skilled workforce scholarship program ‑ Skilled workforce scholarship fund ‑ Continuing appropriation ‑ Report |
| 15-10-38.3 |
Scholarship and loan forgiveness administrative costs |
| 15-10-38.4 |
Dual‑credit courses ‑ Tuition scholarship program ‑ Administered by the board |
| 15-10-39 |
Fees ‑ Room and meals ‑ Authorization |
| 15-10-40 |
Long‑term lease and leaseback transaction revenue |
| 15-10-41 |
Centers of excellence |
| 15-10-42 |
Faculty ‑ English pronunciation ‑ Policy ‑ Report |
| 15-10-43 |
Veterinary medical education program ‑ Kansas state university ‑ Contract |
| 15-10-43.1 |
Professional student exchange programs ‑ Bank of North Dakota ‑ Agreements ‑ Repayment |
| 15-10-43.2 |
Professional student exchange programs ‑ Repayment waiver |
| 15-10-44 |
Higher education information technology ‑ Board duties ‑ Reports |
| 15-10-44.1 |
Required use of electronic mail, file server administration, database administration, application server, and hosting services |
| 15-10-44.2 |
Audits of computer systems - Penalty |
| 15-10-44.3 |
Internal auditor and compliance officer working papers |
| 15-10-45 |
Telecommunications and information services competition prohibited ‑ Report |
| 15-10-46 |
University of North Dakota fighting Sioux nickname and logo |
| 15-10-46.1 |
University of North Dakota athletic nickname and logo |
| 15-10-47 |
Construction projects at institutions of higher education ‑ Variance reports |
| 15-10-48 |
Advancement of academics ‑ Matching grants ‑ University of North Dakota and North Dakota state university |
| 15-10-48.1 |
Clinical legal education, including indigent legal services, and faculty recruitment and retention ‑ Matching grants ‑ University of North Dakota school of law |
| 15-10-48.2 |
Agricultural research and extension ‑ Matching grants ‑ North Dakota state university agricultural experiment station |
| 15-10-49 |
Advancement of academics ‑ Matching grants ‑ Two‑year and four‑year institutions of higher education |
| 15-10-50 |
Liability for pledged amount |
| 15-10-51 |
Grant review committee |
| 15-10-52 |
Grant review committee - Compensation |
| 15-10-53 |
Definition |
| 15-10-54 |
Assessment of institutions |
| 15-10-55 |
Student journalists - Freedom of expression ‑ Civil remedy |
| 15-10-56 |
Disciplinary proceedings - Right to counsel for students and organizations - Appeals |
| 15-10-57 |
Unified workforce, vocational, and technical education program system |
| 15-10-58 |
Workforce education advisory council - Membership - Duties |
| 15-10-59 |
Annual report ‑ Scholarships (Effective through July 31, 2030) |
| 15-10-60 |
Scholarship endowment fund - Rules |
| 15-10-61 |
Dual-credit courses ‑ Pilot program |
| 15-10-62 |
Nickel trophy |
| 15-10-63 |
Capital projects |
| 15-10-64 |
University of North Dakota men's varsity golf program |
| 15-10-65 |
Student voting documents |
| 15-10-66 |
State commissioner of higher education ‑ Board member information access ‑ Report to the legislative management |
| 15-10-67 |
Records of the North Dakota university system and state board of higher education |
| 15-10-68 |
Restrooms and shower rooms exclusively for males or exclusively for females |
| 15-10-69 |
Affiliated nonprofit organization funds |
| 15-10-70 |
Student organization funds |
| 15-10-71 |
State commissioner of higher education ‑ Higher education trends ‑ Report to legislative management |
| 15-10-72 |
Disclosure of financial condition |
| 15-10-73 |
Campus policies and procedures |
| 15-10-74 |
Larry C Skogen polytechnic institute |
| 15-10-75 |
Workforce education innovation program ‑ Report to legislative management |
| 15-10-76 |
Institutions of higher education ‑ Acceptance of health care sharing ministries as health care coverage |
Chapter 15-10.1 - Reciprocal Higher Education Agreements
Chapter 15-10.2 - Midwestern Regional Higher Education Compact [Repealed]
Chapter 15-10.3 - Student Fees
| Section |
Section Name |
| 15-10.3-01 |
Definitions |
| 15-10.3-02 |
Mandatory fees - Fees for optional purposes or services - Publication for comparison purposes |
| 15-10.3-03 |
Mandatory fees - Limitation on increases - Exemption |
| 15-10.3-04 |
Mandatory fee increases - Criteria - Explanation |
Chapter 15-10.4 - Campus Free Speech Policy
Chapter 15-10.5 - Midwestern Regional Higher Education Compact
| Section |
Section Name |
| 15-10.5-01 |
Midwestern regional higher education compact |
| 15-10.5-02 |
Midwestern higher education commission ‑ Terms ‑ Vacancies |
Chapter 15-10.6 - Athletic Team Participant Designation
Chapter 15-10.7 - Specified Concepts
Chapter 15-11 - State University and School of Mines
| Section |
Section Name |
| 15-11-01 |
State university ‑ Where located |
| 15-11-02 |
Colleges may be united with university |
| 15-11-02.1 |
Supervision of the junior college located at Devils Lake |
| 15-11-03 |
Powers of president and faculty |
| 15-11-04 |
Objects and departments of the university |
| 15-11-05 |
Courses of instruction |
| 15-11-06 |
Scandinavian language to be taught |
| 15-11-07 |
Persons eligible as students |
| 15-11-08 |
Geological and natural history survey ‑ Duty of board |
| 15-11-09 |
State geologist ‑ Appointment of deputy |
| 15-11-10 |
Salary of state geologist and deputy state geologist |
| 15-11-11 |
Geological survey ‑ Extent ‑ Analysis |
| 15-11-11.1 |
Authority of the state geologist ‑ Acquisition of geophysical data ‑ Confidentiality |
| 15-11-12 |
Geological map of the state |
| 15-11-13 |
Specimens collected ‑ Exhibited ‑ Exchanged |
| 15-11-14 |
Biennial report by state board of higher education on surveys |
| 15-11-15 |
Tests of state mineral and other resources ‑ Duty of state board of higher education ‑ Bulletins published |
| 15-11-16 |
Discoveries at school of mines and substations to be patented and assigned |
| 15-11-17 |
Penalty for failure to patent discovery or to transfer patent |
| 15-11-18 |
Assignment of patent or permitting use thereof |
| 15-11-19 |
Library of law college ‑ Supervision |
| 15-11-20 |
Annual inventory of law library |
| 15-11-21 |
Board of higher education to furnish supreme court reports to law school |
| 15-11-22 |
State university alumni building ‑ Construction on campus ‑ Power of state board of higher education |
| 15-11-23 |
Alumni building ‑ Application for site ‑ Duty of state board of higher education |
| 15-11-24 |
Alumni building ‑ Authority as to building on campus ‑ Rules and regulations |
| 15-11-25 |
Alumni building ‑ Contract for heat and light |
| 15-11-26 |
Alumni building ‑ Title to site ‑ Title to building |
| 15-11-27 |
Transfer of license of university radio station authorized |
| 15-11-28 |
Hockey admission receipts may be pledged for purchase of artificial ice equipment |
| 15-11-29 |
Matching funds for bequests to university of North Dakota |
| 15-11-30 |
Sale of university land to fraternal societies |
| 15-11-31 |
Assembly hall on university campus |
| 15-11-32 |
Child welfare research bureau ‑ Establishment ‑ Director |
| 15-11-33 |
Functions |
| 15-11-34 |
Gifts and grants |
| 15-11-35 |
Fetal alcohol syndrome center established |
| 15-11-36 |
Evaluation of children with fetal alcohol syndrome |
| 15-11-37 |
Acceptance of gifts by dean of university of North Dakota school of medicine and health sciences ‑ Continuing appropriation |
| 15-11-38 |
Ralph Engelstad arena |
| 15-11-39 |
Nursing education consortium ‑ Continuing appropriation |
| 15-11-40 |
State energy research center ‑ Report |
| 15-11-41 |
North Dakota center for aerospace medicine |
| 15-11-42 |
Immigration law clinic |
Chapter 15-12 - State University of Agriculture and Applied Science
| Section |
Section Name |
| 15-12-01 |
Location and name |
| 15-12-02 |
Objects and courses of instruction |
| 15-12-03 |
President ‑ Duties |
| 15-12-04 |
Faculty ‑ Rules and regulations |
| 15-12-05 |
Faculty ‑ Annual report to board |
| 15-12-06 |
Treasurer ‑ Bond |
| 15-12-06.1 |
Treasurer to receive funds appropriated by Congress |
| 15-12-07 |
Land grants ‑ Acceptance |
| 15-12-08 |
Legislative assent to grant by Congress |
| 15-12-09 |
Legislative assent to certain Acts of Congress and acceptance of grants thereunder |
| 15-12-10 |
Experiment station ‑ Administered by board ‑ Purpose |
| 15-12-11 |
List of North Dakota state university publications furnished to county auditor |
| 15-12-12 |
North Dakota state university services and publications ‑ Publication of information |
| 15-12-13 |
Economic survey to be made on completion of topographic maps |
| 15-12-14 |
Who shall be state director of economic survey |
| 15-12-15 |
State director to collect samples |
| 15-12-16 |
Economic maps to be published |
| 15-12-17 |
Publish reports of North Dakota agricultural experiment station |
| 15-12-18 |
Construction of chapter |
| 15-12-19 |
Name of survey |
| 15-12-20 |
Veterinary diagnostic laboratory |
| 15-12-21 |
State toxicologist ‑ Duties ‑ Fees ‑ Confidentiality |
| 15-12-22 |
Economic feasibility institute ‑ Establishment ‑ Director |
| 15-12-23 |
Purpose of the institute |
| 15-12-24 |
Powers and duties of the institute |
| 15-12-25 |
Grants and contributions ‑ Continuing appropriation |
| 15-12-26 |
Access to institute records |
| 15-12-27 |
Eighteenth street development fund |
| 15-12-28 |
Dairy diagnostic teams |
| 15-12-29 |
Beef systems center of excellence |
Chapter 15-12.1 - Agriculture Experiment Station and Agricultural Research
| Section |
Section Name |
| 15-12.1-01 |
Definitions |
| 15-12.1-02 |
Agricultural experiment station |
| 15-12.1-03 |
Center directors ‑ Research and research extension centers ‑ Records and information |
| 15-12.1-04 |
Reports |
| 15-12.1-05 |
North Dakota state university main research center position adjustments ‑ Budget section report |
| 15-12.1-06 |
Dickinson research extension center |
| 15-12.1-07 |
Williston research extension center |
| 15-12.1-08 |
Langdon research extension center |
| 15-12.1-09 |
Central grasslands research extension center |
| 15-12.1-10 |
Carrington research extension center |
| 15-12.1-11 |
Hettinger research extension center |
| 15-12.1-12 |
North central research extension center |
| 15-12.1-13 |
Agronomy seed farm ‑ Investment of reserve income fund |
| 15-12.1-14 |
State board of agricultural research and education ‑ Membership ‑ Terms |
| 15-12.1-15 |
Compensation of board members ‑ Expenses |
| 15-12.1-16 |
State board of agricultural research and education ‑ Chairman ‑ Meetings |
| 15-12.1-17 |
State board of agricultural research and education ‑ Duties |
| 15-12.1-18 |
Agricultural research fund ‑ Continuing appropriation |
| 15-12.1-19 |
State board of agricultural research and education ‑ Apportionment of research funds |
Chapter 15-13 - State Normal Schools
| Section |
Section Name |
| 15-13-01 |
Normal schools ‑ Location ‑ Names |
| 15-13-02 |
Purpose of normal schools |
| 15-13-03 |
Courses of study ‑ Limitation |
| 15-13-04 |
President ‑ Duties |
| 15-13-05 |
Annual report of normal school president |
| 15-13-06 |
Degrees ‑ Diplomas |
| 15-13-07 |
Separate funds for allocations to several normal schools |
| 15-13-08 |
State normal school students' loan fund |
| 15-13-09 |
Administration of students' loan fund |
| 15-13-10 |
Participation in students' loan fund ‑ Loans limited |
| 15-13-11 |
Board of higher education to make rules governing students' loan funds |
| 15-13-12 |
Authorization to pledge rentals |
Chapter 15-14 - State Normal and Industrial School [Repealed]
Chapter 15-15 - School of Science
| Section |
Section Name |
| 15-15-01 |
School of science ‑ Location |
| 15-15-02 |
Object ‑ Courses of instruction |
Chapter 15-16 - School of Forestry
| Section |
Section Name |
| 15-16-01 |
School of forestry ‑ Location |
| 15-16-02 |
Object and courses of study |
Chapter 15-17 - Institutional Holding Associations
| Section |
Section Name |
| 15-17-01 |
Institutional holding associations authorized |
| 15-17-02 |
Powers of institutional holding association |
| 15-17-03 |
Limitations on powers of institutional holding association |
| 15-17-04 |
Articles of incorporation of institutional holding associations |
| 15-17-05 |
State board of higher education may lease or purchase dormitory ‑ State to incur no liability |
| 15-17-06 |
Property of and evidence of indebtedness issued by institutional holding association exempt from taxation |
Chapter 15-18 - Junior Colleges
| Section |
Section Name |
| 15-18-01 |
Junior colleges authorized |
| 15-18-02 |
Election to establish junior college |
| 15-18-03 |
School district tax levy authorized to finance residual or other junior college fiscal obligations |
| 15-18-04 |
Supervision of junior colleges |
| 15-18-04.1 |
Establishment of off‑campus educational center ‑ Tuition and fees ‑ Use of tuition and fee revenue |
| 15-18-04.2 |
School district tax levy authorized to finance residual or other off‑campus educational center obligations |
| 15-18-05 |
County levy to aid in the financing of residual or other fiscal obligations of a junior college or educational center authorized |
| 15-18-06 |
Proceeds of levy to be certified to special school district |
| 15-18-07 |
State aid for community or junior colleges or educational centers |
| 15-18-08 |
Standards for state aid ‑ Review of budgets ‑ Audit of expenditures |
| 15-18-09 |
Method of payment |
| 15-18-10 |
Junior college boards of control ‑ Expenditures ‑ Budget ‑ Members ‑ Terms ‑ Compensation |
| 15-18-11 |
Curtis and Annette Hofstad agricultural center |
Chapter 15-18.1 - Postsecondary Education Institution Minimum Standards
| Section |
Section Name |
| 15-18.1-01 |
Definitions |
| 15-18.1-02 |
Exemptions |
| 15-18.1-03 |
Voluntary application for authorization to operate |
| 15-18.1-04 |
Board powers and duties |
| 15-18.1-05 |
Minimum standards to operate with a physical presence in North Dakota |
| 15-18.1-06 |
Prohibition - Penalty |
| 15-18.1-07 |
Refund of tuition fees |
| 15-18.1-08 |
Cancellation of contract for instrument |
| 15-18.1-09 |
Remedy of defrauded student - Treble damages |
| 15-18.1-10 |
Board review |
| 15-18.1-11 |
Jurisdiction of courts - Service of process |
| 15-18.1-12 |
Enforcement - Injunction |
| 15-18.1-13 |
Unlawful to issue, manufacture, or use false academic degrees - Penalty |
| 15-18.1-14 |
Unlawful to use degree or certificate when coursework not completed - Penalty |
| 15-18.1-15 |
Consumer protection - False academic degrees |
| 15-18.1-16 |
Unlawful to operate accreditation mill - Penalty |
| 15-18.1-17 |
Compliance with professional board registration and certification requirements |
| 15-18.1-18 |
Required national council for state authorization reciprocity agreements membership ‑ Exemption |
Chapter 15-18.2 - State Aid for Institutions of Higher Education
| Section |
Section Name |
| 15-18.2-01 |
Credit-hours - Determination |
| 15-18.2-02 |
Weighted credit-hours ‑ Determination ‑ Instructional program classification factors ‑ Submission to legislative management |
| 15-18.2-03 |
Credit completion factor - Determination |
| 15-18.2-04 |
Institutional size factor - Determination |
| 15-18.2-05 |
Base funding ‑ Determination of state aid |
| 15-18.2-06 |
Base funding ‑ Minimum amount payable |
| 15-18.2-06.1 |
Base funding ‑ Minimum amount payable |
| 15-18.2-07 |
Funding - Distribution |
| 15-18.2-08 |
Statement of tuition and fees ‑ Contents of statement |
Chapter 15-19 - Distance Education
| Section |
Section Name |
| 15-19-00.1 |
Definitions |
| 15-19-01 |
North Dakota center for distance education courses ‑ Establishment ‑ Enrollment of students ‑ Courses of instruction |
| 15-19-01.1 |
Distance education courses ‑ Course lists to school districts ‑ Notification |
| 15-19-02 |
Administration Center for distance education ‑ Appointment and duties |
| 15-19-02.1 |
Distance education clearinghouse |
| 15-19-03 |
Duties of superintendents of schools ‑ Authorization of enrollments |
| 15-19-04 |
Duty of superintendent ‑ Advertising |
| 15-19-05 |
Study centers ‑ Adult classes |
| 15-19-06 |
Special funds ‑ Deposit of collections ‑ Transfers from general fund appropriations |
| 15-19-07 |
Fees collected deposited in general fund |
| 15-19-08 |
Distance education support and services |
Chapter 15-20 - Vocational Education and Rehabilitation [Repealed]
Chapter 15-20.1 - Career and Technical Education
| Section |
Section Name |
| 15-20.1-01 |
Definitions |
| 15-20.1-02 |
State board for career and technical education ‑ Director of career and technical education ‑ Appointment, qualifications, assistants, duties |
| 15-20.1-03 |
Powers and duties of state board relating to career and technical education |
| 15-20.1-03.1 |
Postsecondary career and technical education reciprocity with Minnesota |
| 15-20.1-04 |
Acceptance of benefits of federal acts in career and technical education ‑ Cooperation with federal government |
| 15-20.1-05 |
Custody and payment of career and technical education funds |
| 15-20.1-06 |
Reimbursement of schools teaching subjects in career and technical education |
| 15-20.1-07 |
Cooperation of school boards in career and technical education |
| 15-20.1-08 |
Mill levy for vocational education programs |
| 15-20.1-09 |
Board membership ‑ Powers and duties |
| 15-20.1-10 |
Specific powers ‑ Tuition payments ‑ Bond issues |
| 15-20.1-11 |
Curriculum ‑ General powers and duties |
| 15-20.1-12 |
Director of vocational rehabilitation division |
| 15-20.1-13 |
Administration of vocational rehabilitation |
| 15-20.1-14 |
Rehabilitation services provided to any disabled individual ‑ Eligibility |
| 15-20.1-15 |
Rehabilitation services provided to disabled individuals requiring financial assistance |
| 15-20.1-16 |
Gifts ‑ Authorization to accept and use |
| 15-20.1-16.1 |
Gifts ‑ Authorization to accept and use |
| 15-20.1-16.2 |
Science - Technology - Engineering - Mathematics - Grants - Continuing appropriation - Report |
| 15-20.1-17 |
Maintenance not assignable |
| 15-20.1-18 |
Hearings allowed to aggrieved persons |
| 15-20.1-19 |
Misuse of vocational rehabilitation lists and records |
| 15-20.1-20 |
Limitation of political activity |
| 15-20.1-21 |
Biennial report |
| 15-20.1-22 |
Grants for innovation |
| 15-20.1-23 |
North Dakota elementary student entrepreneurship program |
| 15-20.1-24 |
Career development facilitation ‑ Certificate ‑ Qualifications |
| 15-20.1-25 |
Career development facilitation ‑ Provisional approval |
Chapter 15-20.2 - Area Career and Technology Centers
| Section |
Section Name |
| 15-20.2-01 |
Area centers ‑ Definition of terms |
| 15-20.2-02 |
Submission of plan for area center ‑ Approval by state board |
| 15-20.2-03 |
Agreement of participation in area center ‑ Resolution of agreement |
| 15-20.2-04 |
Center boards ‑ Appointment of members ‑ Terms ‑ Compensation ‑ Vacancies |
| 15-20.2-05 |
Special board plan for small or large centers |
| 15-20.2-06 |
Meetings of center boards ‑ Election of officers ‑ Quorum |
| 15-20.2-07 |
Powers and duties of center boards |
| 15-20.2-08 |
Assessment of participating districts for share of center expenses ‑ Allocation of students ‑ Civil penalty for failure to remit payment |
| 15-20.2-09 |
Distribution of state funds to area centers ‑ Rules and regulations |
| 15-20.2-10 |
Appropriated and federal funds used for distribution |
| 15-20.2-11 |
District becoming participant in established center ‑ Procedure |
| 15-20.2-12 |
District board resolution to participate in established center ‑ Publication |
| 15-20.2-13 |
Referendum on district participation in area center ‑ Majority required for approval |
| 15-20.2-14 |
Withdrawal of district from participation in center ‑ Submission to voters ‑ Effect of withdrawals |
| 15-20.2-15 |
Dissolution of established center |
| 15-20.2-16 |
Rules, regulations, and standards for area centers |
Chapter 15-20.3 - Postsecondary Education Commission [Repealed]
Chapter 15-20.4 - Postsecondary Educational Institutions
Chapter 15-21 - Superintendent of Public Instruction [Repealed]
Chapter 15-21.1 - Chemical Abuse Prevention Programs [Repealed]
Chapter 15-21.2 - Career Guidance and Development Programs [Repealed]
Chapter 15-21.3 - Comprehensive Health Education [Disapproved by Referendum]
Chapter 15-22 - County Superintendent of Schools [Repealed]
Chapter 15-23 - Organization, Division, and Consolidation of School Districts [Repealed]
Chapter 15-24 - Common School District Elections [Repealed]
Chapter 15-25 - Powers and Duties of Common School District Officers [Repealed]
Chapter 15-26 - School Buildings and Sites [Repealed]
Chapter 15-27 - Organization and Dissolution of Public School Districts [Repealed]
Chapter 15-27.1 - Restructuring of School Districts - General Provisions [Repealed]
Chapter 15-27.2 - Annexation of School Districts [Repealed]
Chapter 15-27.3 - Reorganization of School Districts [Repealed]
Chapter 15-27.4 - Dissolution of School Districts [Repealed]
Chapter 15-27.5 - Military Installation School District [Repealed]
Chapter 15-27.6 - School District Boundary Restructuring [Repealed]
Chapter 15-27.7 - School District Cooperative Arrangement [Repealed]
Chapter 15-28 - Public School District Elections [Repealed]
Chapter 15-29 - Powers and Duties of Public School District Officers [Repealed]
Chapter 15-30 - Organization of Independent School Districts [Repealed]
Chapter 15-31 - Independent School District Elections [Repealed]
Chapter 15-32 - Powers and Duties of Independent School District Officers [Repealed]
Chapter 15-33 - School Districts Operating Under Special Laws [Repealed]
Chapter 15-34 - Compulsory Attendance and Transportation [Repealed]
Chapter 15-34.1 - Compulsory School Attendance [Repealed]
Chapter 15-34.2 - Transportation of Students [Repealed]
Chapter 15-35 - School Buildings [Repealed]
Chapter 15-36 - Teachers' Certification [Repealed]
Chapter 15-37 - Teachers' Oaths [Repealed]
Chapter 15-38 - Teachers' Duties [Repealed]
Chapter 15-38.1 - Teachers' Representation and Negotiation [Repealed]
Chapter 15-38.2 - Teachers' Personnel Files [Repealed]
Chapter 15-39 - Teachers' Insurance and Retirement Fund [Repealed]
Chapter 15-39.1 - Teachers' Fund for Retirement
Chapter 15-39.2 - Teacher Retirement Options
| Section |
Section Name |
| 15-39.2-01 |
Retired teachers ‑ Election of coverage ‑ Eligibility ‑ Limitation |
| 15-39.2-01.1 |
Retired teachers ‑ Minimum benefits |
| 15-39.2-01.2 |
College teachers ‑ Military service credit purchase |
| 15-39.2-02 |
Optional increase in benefits ‑ Alternatives |
| 15-39.2-03 |
Limitation on elections on retirement programs |
| 15-39.2-04 |
Beneficiaries of certain deceased teachers ‑ Election ‑ Contribution to fund |
| 15-39.2-04.1 |
Beneficiaries of deceased college teachers |
| 15-39.2-05 |
Benefits payable ‑ Calculation |
| 15-39.2-06 |
College teachers ‑ Election ‑ Contribution to fund |
| 15-39.2-07 |
Assessments ‑ Method of payment |
| 15-39.2-08 |
Benefits |
Chapter 15-40 - State School Aid [Repealed]
Chapter 15-40.1 - State School Aid [Repealed]
Chapter 15-40.2 - Transfer of Students and Nonresident Tuition [Repealed]
Chapter 15-40.3 - Open Enrollment [Repealed]
Chapter 15-41 - High Schools [Repealed]
Chapter 15-41.1 - Postsecondary Enrollment Options Program [Repealed]
Chapter 15-42 - County Agricultural and Training Schools [Repealed]
Chapter 15-43 - Textbooks and Fees [Repealed]
Chapter 15-44 - School Funds [Repealed]
Chapter 15-45 - Kindergartens [Repealed]
Chapter 15-46 - Adult Education [Repealed]
Chapter 15-47 - General Provisions [Repealed]
Chapter 15-48 - Elections to Increase Debt Limits [Repealed]
Chapter 15-49 - Penalties, Fines, and Forfeitures [Repealed]
Chapter 15-50 - Trade and Correspondence Schools [Repealed]
Chapter 15-51 - Board of Education of the City of Fargo [Repealed]
Chapter 15-52 - State Medical Center
| Section |
Section Name |
| 15-52-01 |
School of medicine and health sciences |
| 15-52-02 |
Control and operation |
| 15-52-03 |
School of medicine and health sciences advisory council ‑ Members, terms, meetings |
| 15-52-04 |
Duties of council |
| 15-52-05 |
Facilities |
| 15-52-06 |
Fees and charges of medical center |
| 15-52-07 |
Political subdivisions shall use facilities of center |
| 15-52-08 |
Center may accept grants, gifts, and rentals ‑ Power to contract |
| 15-52-09 |
Expenditure of proceeds of one‑mill levy authorized ‑ Limitation |
| 15-52-10 |
School of medicine and health sciences revolving loan fund |
| 15-52-11 |
Term of loan board |
| 15-52-12 |
Loan board ‑ Officers, meetings, quorum |
| 15-52-13 |
Loan board minutes ‑ Public access |
| 15-52-14 |
Loan board compensation |
| 15-52-15 |
Duties related to loan fund |
| 15-52-16 |
Qualifications of loan applicants |
| 15-52-17 |
Loan investigations |
| 15-52-18 |
Amount of loans |
| 15-52-19 |
Loan payments |
| 15-52-20 |
Loan conditions |
| 15-52-21 |
Loan agreement ‑ Suit ‑ Defenses |
| 15-52-22 |
Loan cancellation or suspension |
| 15-52-23 |
Remedies |
| 15-52-24 |
Loan insurance |
| 15-52-25 |
Deposit and payment of funds |
| 15-52-26 |
Availability of funds |
| 15-52-27 |
Purposes of loan fund |
| 15-52-28 |
Biennial report |
| 15-52-29 |
Training of psychiatric personnel |
| 15-52-30 |
Contracts or agreements authorized ‑ Legislative intent |
| 15-52-31 |
Admission of students ‑ Qualifications |
Chapter 15-53 - Reorganization of School Districts [Repealed]
Chapter 15-53.1 - Restructuring of Public School Districts [Repealed]
Chapter 15-54 - Child Nutrition and Food Distribution Programs [Repealed]
Chapter 15-54.1 - University System Capital Building Fund
| Section |
Section Name |
| 15-54.1-01 |
University system capital building fund ‑ Creation ‑ Continuing appropriation |
| 15-54.1-02 |
Capital building funds ‑ Uses ‑ Reports |
| 15-54.1-03 |
Tier II capital building funds - Matching requirements |
| 15-54.1-04 |
Tier III capital building funds - Matching requirements |
| 15-54.1-05 |
Capital building fund pool |
Chapter 15-55 - Construction of Revenue-Producing Buildings
| Section |
Section Name |
| 15-55-01 |
Portions of campuses set aside for authorized revenue‑producing buildings or other revenue‑producing campus improvements |
| 15-55-02 |
Board may borrow money and issue bonds ‑ Conditions ‑ Bonds tax free |
| 15-55-02.1 |
Refunding bonds |
| 15-55-03 |
Bonds are special obligations and board may insert special provisions in bonds |
| 15-55-04 |
Board may enter into contract with federal agencies |
| 15-55-04.1 |
Lease of revenue‑producing buildings |
| 15-55-05 |
Deposit and use of proceeds of bonds ‑ Authorizing issuing of warrants ‑ Contracts |
| 15-55-05.1 |
Interim financing |
| 15-55-06 |
Designations of agent and depositories ‑ Disposition and use of revenues ‑ Funds created |
| 15-55-07 |
Endorsement of bonds ‑ Attorney general to approve ‑ Incontestable ‑ Exception |
| 15-55-08 |
Who may invest in bonds |
| 15-55-09 |
Construction of chapter not to permit obligating of state |
| 15-55-10 |
Limitation on buildings and other campus improvements and issuance of bonds |
| 15-55-11 |
Issuance and sale of tax‑exempt bonds authorized ‑ Amount |
| 15-55-12 |
Bonds not a general obligation of state or its institutions |
| 15-55-13 |
Additional revenue‑producing buildings authorized |
| 15-55-14 |
Rental income from unencumbered revenue‑producing buildings or other campus improvements may be applied to bond retirement |
| 15-55-15 |
Bond issues ‑ Amounts and purposes (1955) |
| 15-55-16 |
Bond issues ‑ Amounts and purposes (1957) |
| 15-55-17 |
Bond issues ‑ Amounts and purposes (1959) |
| 15-55-18 |
School district retirement of bonds for junior colleges and off‑campus educational centers |
| 15-55-19 |
Powers and procedure |
| 15-55-20 |
Financial records required |
| 15-55-21 |
Expenses to be paid from gross revenues |
Chapter 15-55.1 - Higher Education Facilities Bonds [Unconstitutional]
Chapter 15-56 - County Tuition Fund [Repealed]
Chapter 15-57 - Teacher Preparation Scholarships [Repealed]
Chapter 15-58 - County High School Equalization Fund [Repealed]
Chapter 15-59 - Special Education of Children [Repealed]
Chapter 15-59.1 - County Special Education Program [Repealed]
Chapter 15-59.2 - Multidistrict Special Education Programs [Repealed]
Chapter 15-59.3 - Boarding Home Care for Students with Disabilities [Repealed]
Chapter 15-60 - State School Construction Fund [Repealed]
Chapter 15-61 - Surplus Property Director [Repealed]
Chapter 15-62 - Scholarship Loans [Repealed]
Chapter 15-62.1 - Guarantee Loan Program
| Section |
Section Name |
| 15-62.1-01 |
Guarantee student loan programs ‑ Administration ‑ Advisory board |
| 15-62.1-02 |
Powers and duties of the agency |
| 15-62.1-03 |
Rates of interest permissible for guaranteed loans |
| 15-62.1-04 |
Repayment of loans |
| 15-62.1-05 |
Establishment and maintenance of adequate guarantee funds ‑ Appropriation |
| 15-62.1-06 |
Procedure on default of guaranteed loan |
| 15-62.1-07 |
Fees for insurance and other reasonable costs |
| 15-62.1-08 |
Contract with united student aid funds, incorporated, or similar nonprofit corporation |
| 15-62.1-09 |
Information system |
| 15-62.1-10 |
Eligibility for participation in federal student loan program |
| 15-62.1-11 |
Coordination with federal programs relating to student loans |
| 15-62.1-12 |
Assistance to other state agencies ‑ Reports to the board |
| 15-62.1-13 |
State scholarship revolving fund ‑ Student loan collections ‑ Uncollectible loans |
| 15-62.1-14 |
Penalty |
| 15-62.1-15 |
Student loan consolidation program - Requirements - Authority to expand |
Chapter 15-62.2 - Student Financial Assistance and Scholars Program [Repealed]
Chapter 15-62.3 - Tuition Assistance Grant Program [Repealed]
Chapter 15-62.4 - Student Financial Assistance Program
| Section |
Section Name |
| 15-62.4-01 |
Student financial assistance program |
| 15-62.4-02 |
Student financial assistance program ‑ Criteria and procedures |
| 15-62.4-03 |
Student financial assistance program ‑ Grants |
| 15-62.4-03.1 |
Supplemental state grant award |
| 15-62.4-04 |
Student financial assistance program - Advisory board |
| 15-62.4-05 |
Student financial assistance program - Gifts and grants - Acceptance |
Chapter 15-62.5 - Scholars Program
| Section |
Section Name |
| 15-62.5-01 |
Scholars program |
| 15-62.5-02 |
Scholars program - Criteria and procedures |
| 15-62.5-03 |
Scholars program ‑ Ranking and selection of recipients |
| 15-62.5-04 |
Scholars program ‑ Scholarship amounts ‑ Stipends |
| 15-62.5-05 |
Use of scholarships and stipends - Refund policy |
Chapter 15-63 - Native American Scholarships
| Section |
Section Name |
| 15-63-01 |
State board for Native American scholarships |
| 15-63-02 |
Duties of board |
| 15-63-03 |
Number and nature of scholarships |
| 15-63-04 |
Eligibility of candidates ‑ Determination |
| 15-63-05 |
Scholarship payments ‑ Conditions |
| 15-63-06 |
Unused scholarships |
| 15-63-07 |
Scholarship refunds ‑ Use |
Chapter 15-64 - Compact for Education [Repealed]
Chapter 15-65 - Educational Telecommunications Council [Repealed]
Chapter 15-66 - Regional Medical Education Board [Repealed]
Chapter 15-67 - Uniform Management of Institutional Funds Act [Repealed]
Chapter 15-68 - Indian Cultural Education Trust
Chapter 15-68.1 - American Indian Language Preservation
| Section |
Section Name |
| 15-68.1-01 |
American Indian language preservation committee ‑ Membership ‑ Meetings |
| 15-68.1-02 |
Duties |
| 15-68.1-03 |
Powers ‑ Continuing appropriation |
Chapter 15-69 - Centers of Excellence [Repealed]
Chapter 15-70 - Tribally Controlled Community College Assistance
| Section |
Section Name |
| 15-70-01 |
Definitions |
| 15-70-02 |
Institutions eligible for grant assistance |
| 15-70-03 |
Grant authorization |
| 15-70-04 |
Submission of grant application ‑ Distribution of grants |
| 15-70-05 |
Reporting by recipient institutions ‑ Failure to report |
Chapter 15-71 - Biomass Energy Center
| Section |
Section Name |
| 15-71-01 |
State board of higher education ‑ Biomass energy center |
| 15-71-02 |
Biomass research responsibilities |
| 15-71-03 |
Ethanol and biomass incentives |
| 15-71-04 |
Funding |
Chapter 15-72 - Coal Mine Reclamation Trust
| Section |
Section Name |
| 15-72-01 |
Trust establishment |
| 15-72-02 |
Powers and duties of the board ‑ Transfer |
| 15-72-03 |
Assets and custody |
| 15-72-04 |
Trust management |
| 15-72-05 |
Continuing appropriation for trust management |
Title 15.1 - Elementary and Secondary Education
Chapter 15.1-01 - State Board of Public School Education
| Section |
Section Name |
| 15.1-01-01 |
State board of public school education ‑ Composition |
| 15.1-01-02 |
Joint meetings ‑ State board of public school education ‑ State board of higher education ‑ Education standards and practices board ‑ State board for career and technical education |
| 15.1-01-03 |
State board of public school education ‑ Powers and duties |
| 15.1-01-04 |
Kindergarten through grade twelve education coordination council |
Chapter 15.1-02 - Superintendent of Public Instruction
| Section |
Section Name |
| 15.1-02-01 |
Superintendent of public instruction ‑ Qualifications |
| 15.1-02-02 |
Salary |
| 15.1-02-03 |
Appointment of assistant ‑ Employment of personnel |
| 15.1-02-04 |
Superintendent of public instruction ‑ Duties |
| 15.1-02-05 |
Federal government ‑ Contracts |
| 15.1-02-06 |
Preservation of property |
| 15.1-02-07 |
Superintendent of public instruction ‑ Lease of unused real property |
| 15.1-02-08 |
Accounting and reporting system ‑ Uniformity |
| 15.1-02-09 |
School district finance facts report ‑ Contents |
| 15.1-02-10 |
School district finance facts report ‑ Distribution |
| 15.1-02-11 |
Superintendent of public instruction ‑ Accreditation of schools ‑ Rules |
| 15.1-02-12 |
Expiration of existing rules |
| 15.1-02-13 |
School district employee compensation report |
| 15.1-02-14 |
Duplicative payments ‑ Transfer ‑ Distribution |
| 15.1-02-15 |
Every Student Succeeds Act ‑ Information required |
| 15.1-02-16 |
Superintendent of public instruction ‑ Issuance of credentials to teachers and administrators |
| 15.1-02-16.1 |
Teacher qualifications ‑ Accreditation rules ‑ Directives |
| 15.1-02-16.2 |
Credentials for teachers and coordinators of title I |
| 15.1-02-17 |
State accountability plan ‑ Legislative review |
| 15.1-02-18 |
Statewide longitudinal data system committee - Membership - Powers and duties - Report to interim committee - Continuing appropriation |
| 15.1-02-18.1 |
Statewide longitudinal data system ‑ Information technology department ‑ Powers and duties |
| 15.1-02-18.2 |
State agencies - Mandatory provision of information - Confidentiality |
| 15.1-02-19 |
Health insurance programs ‑ Joint enrollment program |
| 15.1-02-20 |
Education stabilization fund dollars ‑ Notification of nonreplacement ‑ Publication of notice |
| 15.1-02-21 |
North Dakota teacher of the year award - Selection - Announcement |
| 15.1-02-22 |
Loans ‑ Teacher shortages ‑ Loan forgiveness |
| 15.1-02-23 |
Intervention for chronically low‑performing schools ‑ Report |
| 15.1-02-24 |
Superintendent of public instruction ‑ Cardiac emergency response plan for public and nonpublic schools and athletic events |
| 15.1-02-25 |
School buildings ‑ Assessment ‑ Rules |
Chapter 15.1-03 - Department of Public Instruction
| Section |
Section Name |
| 15.1-03-01 |
Department of public instruction ‑ Establishment |
| 15.1-03-02 |
Revolving school district equipment and software fund ‑ Continuing appropriation |
| 15.1-03-03 |
Revolving printing fund ‑ Instructional materials ‑ Continuing appropriation |
Chapter 15.1-04 - Compact for Education
| Section |
Section Name |
| 15.1-04-01 |
Compact for education |
| 15.1-04-02 |
Education commission of the states ‑ Bylaws |
Chapter 15.1-04.1 - Compact on Educational Opportunity for Military Children
| Section |
Section Name |
| 15.1-04.1-01 |
Compact on educational opportunity for military children |
| 15.1-04.1-02 |
Compact on educational opportunity for military children - State council - Appointment |
| 15.1-04.1-03 |
Compact commissioner - Appointment - Duties |
| 15.1-04.1-04 |
Military family education liaison - Appointment - Duties |
Chapter 15.1-05 - Educational Telecommunications Council [Repealed]
Chapter 15.1-06 - Schools
| Section |
Section Name |
| 15.1-06-01 |
Schools free and accessible ‑ School ages |
| 15.1-06-02 |
School holidays |
| 15.1-06-03 |
School year ‑ Definition |
| 15.1-06-04 |
School calendar ‑ Length |
| 15.1-06-04.1 |
School district calendar - Limitation |
| 15.1-06-05 |
Instructional days ‑ Reconfiguration ‑ Application |
| 15.1-06-06 |
Approval of public schools (Effective through June 30, 2026) |
| 15.1-06-06.1 |
Approval of nonpublic schools |
| 15.1-06-06.2 |
Compliance report ‑ Impossibility of timely submission |
| 15.1-06-06.3 |
Required records ‑ Verification of information ‑ Site visits |
| 15.1-06-07 |
Nonpublic high schools ‑ Approval criteria |
| 15.1-06-08 |
Rules for school accreditation ‑ Waiver |
| 15.1-06-08.1 |
Statutes ‑ Waiver |
| 15.1-06-08.2 |
Innovative education program ‑ Participation ‑ Reports to legislative management |
| 15.1-06-09 |
Inspection of public schools ‑ Submission of inspection report ‑ Correction of deficiencies |
| 15.1-06-10 |
Inspection of nonpublic schools ‑ Submission of inspection report ‑ Correction of deficiencies |
| 15.1-06-11 |
Exit doors ‑ Free of obstructions |
| 15.1-06-12 |
Emergency and disaster drills ‑ Implementation |
| 15.1-06-13 |
Schools ‑ Compliance with health, safety, and sanitation requirements |
| 15.1-06-14 |
Use of schools for purposes other than education |
| 15.1-06-14.1 |
Patriotic society ‑ Permission to speak to students at public schools |
| 15.1-06-15 |
Solicitations and sales in schools ‑ Permission required ‑ Accounting for proceeds ‑ Penalty |
| 15.1-06-16 |
Disturbance of a public school ‑ Penalty |
| 15.1-06-17 |
United States flag ‑ Display |
| 15.1-06-17.1 |
Religious objects or documents ‑ Display |
| 15.1-06-17.2 |
National motto ‑ Display in schools |
| 15.1-06-18 |
School report ‑ Review |
| 15.1-06-19 |
Counselor positions ‑ Requirement |
| 15.1-06-20 |
Career advisor ‑ Duties |
| 15.1-06-21 |
Transgender student accommodations ‑ Restroom use ‑ Enforcement ‑ Penalty |
Chapter 15.1-07 - School Districts
| Section |
Section Name |
| 15.1-07-01 |
School district ‑ Corporate powers |
| 15.1-07-02 |
School district ‑ Name change |
| 15.1-07-03 |
District's limit of indebtedness ‑ Resolution |
| 15.1-07-04 |
District's limit of indebtedness ‑ Election ‑ Notice |
| 15.1-07-05 |
District's limit of indebtedness ‑ Ballot |
| 15.1-07-06 |
District's limit of indebtedness ‑ Increase |
| 15.1-07-07 |
District's limit of indebtedness ‑ Increase ‑ Notification of county auditor |
| 15.1-07-08 |
School district funds ‑ Transfers |
| 15.1-07-09 |
Sinking fund ‑ Transfers ‑ Increases |
| 15.1-07-10 |
Activities fund |
| 15.1-07-11 |
Incidental revolving fund |
| 15.1-07-12 |
Negotiable instruments ‑ Disbursement of moneys by business manager |
| 15.1-07-13 |
Negotiable instruments ‑ Cancellation ‑ Description in minutes |
| 15.1-07-14 |
Qualified elector |
| 15.1-07-15 |
School district election ‑ Violation ‑ Penalty |
| 15.1-07-16 |
New district ‑ Enumeration |
| 15.1-07-17 |
School district contracts ‑ Conflict of interest ‑ Penalty |
| 15.1-07-18 |
Offer of reward ‑ Purchase of school supplies ‑ Penalty |
| 15.1-07-19 |
Reward for purchase of school supplies ‑ Penalty |
| 15.1-07-20 |
School vehicle driver ‑ Requirements |
| 15.1-07-20.1 |
School district business manager - Employment - Oversight - Reports to board |
| 15.1-07-21 |
School district business manager ‑ Duties |
| 15.1-07-22 |
School district business manager ‑ Affirmation or oath of office |
| 15.1-07-23 |
School district business manager ‑ Bond |
| 15.1-07-24 |
School district business manager ‑ Funds ‑ Accounting |
| 15.1-07-25 |
School district records ‑ Open ‑ Exception |
| 15.1-07-25.1 |
Student names and addresses - Authorized disclosure |
| 15.1-07-25.2 |
School district records - Retention |
| 15.1-07-25.3 |
Protection of student data - School district policy (Effective through June 30, 2026) |
| 15.1-07-25.4 |
Virtual learning ‑ School district policy ‑ Report to legislative management and legislative assembly |
| 15.1-07-26 |
School district demographics and enrollment ‑ Review ‑ Report |
| 15.1-07-27 |
High school district ‑ Change to elementary district ‑ Prohibited |
| 15.1-07-28 |
Educational association ‑ Joint powers agreement ‑ Review by superintendent of public instruction ‑ Criteria |
| 15.1-07-29 |
Ending fund balance |
| 15.1-07-30 |
Compensation ‑ Reimbursement ‑ Extraordinary service |
| 15.1-07-31 |
Automated external defibrillators ‑ Purchase and distribution |
| 15.1-07-32 |
Student performance strategist ‑ Verification ‑ Qualifications |
| 15.1-07-33 |
Student information system ‑ Exemption (Effective through June 30, 2026) |
| 15.1-07-34 |
Youth behavioral health and child abuse and neglect training for teachers, administrators, and ancillary staff |
| 15.1-07-34.1 |
Child safety liaison workgroup |
| 15.1-07-35 |
School districts ‑ Policy ‑ Alternative curriculum outside the classroom ‑ Participation ‑ Report to legislative management |
| 15.1-07-36 |
School safety and security measures ‑ Reports to superintendent of public instruction and legislative management |
| 15.1-07-37 |
Virtual learning ‑ Military-connected students, students with a medical condition, or students moving out of state ‑ School district policy |
| 15.1-07-38 |
School districts ‑ Policy ‑ School meals |
| 15.1-07-39 |
Electronic collection of free or reduced-price meal eligibility information ‑ Requirements (Effective after June 30, 2026) |
| 15.1-07-40 |
Whole pasteurized milk served in bulk milk dispensers ‑ Available in schools - School district policy |
| 15.1-07-41 |
Personal electronic devices - Prohibition during instructional time |
| 15.1-07-42 |
School districts ‑ Policy ‑ Voting |
Chapter 15.1-08 - School Districts for Military Installations
| Section |
Section Name |
| 15.1-08-01 |
Military installation ‑ School district formation |
| 15.1-08-02 |
Military installation ‑ School board members ‑ Terms of office ‑ Qualifications ‑ Vacancies |
| 15.1-08-03 |
Military installation ‑ Organization of school board ‑ Meetings |
| 15.1-08-04 |
Military installation ‑ School board ‑ Duties |
| 15.1-08-05 |
Military installation ‑ School board ‑ Business manager |
| 15.1-08-06 |
Military installation ‑ School districts ‑ Application of other laws |
| 15.1-08-07 |
School district agreements |
| 15.1-08-08 |
Military installation ‑ Open enrollment ‑ Participation |
Chapter 15.1-09 - School Boards
| Section |
Section Name |
| 15.1-09-01 |
School board membership ‑ Size and term adjustments |
| 15.1-09-01.1 |
School board membership - Prohibition |
| 15.1-09-02 |
School boards ‑ Terms of office |
| 15.1-09-03 |
School boards ‑ Changes in terms of office |
| 15.1-09-04 |
Rural members of school board ‑ Definitions |
| 15.1-09-05 |
School board ‑ Vacancies ‑ Appointments |
| 15.1-09-06 |
School board members ‑ Compensation |
| 15.1-09-06.1 |
School board membership ‑ Suspension |
| 15.1-09-07 |
School district election ‑ Conduct |
| 15.1-09-08 |
School district elections ‑ Candidate filings |
| 15.1-09-09 |
School district elections ‑ Notice |
| 15.1-09-10 |
School district elections ‑ Form of notice |
| 15.1-09-11 |
School district elections ‑ Preparation of ballots |
| 15.1-09-12 |
School district elections ‑ Poll hours |
| 15.1-09-13 |
Election precincts ‑ Polling places ‑ Election officials |
| 15.1-09-14 |
School district election ‑ Vote tally |
| 15.1-09-15 |
School district election ‑ Declaration of winner |
| 15.1-09-16 |
School district election ‑ Tie breaker |
| 15.1-09-17 |
Notification of elected individuals ‑ Notice to county superintendent of schools |
| 15.1-09-18 |
School district election ‑ Absentee ballots ‑ Recounts |
| 15.1-09-19 |
Duties of election officials ‑ Other applicable statutes |
| 15.1-09-20 |
Election officials ‑ Compensation |
| 15.1-09-21 |
School district elections ‑ Expenses |
| 15.1-09-22 |
School boards ‑ Annual elections ‑ Poll books |
| 15.1-09-23 |
School boards ‑ Special elections |
| 15.1-09-24 |
School boards ‑ Sharing of election expenses |
| 15.1-09-25 |
School board members ‑ Affirmation or oath of office |
| 15.1-09-26 |
Affirmation or oath of office ‑ Administration |
| 15.1-09-27 |
Organization of school board ‑ Election of president |
| 15.1-09-28 |
School board president ‑ Duties |
| 15.1-09-29 |
School board ‑ Quorum ‑ Majority vote |
| 15.1-09-30 |
School boards ‑ Meetings ‑ Pledge of allegiance |
| 15.1-09-31 |
School board proceedings ‑ Publication |
| 15.1-09-32 |
School board members ‑ Attendance at workshop |
| 15.1-09-33 |
School board ‑ Powers |
| 15.1-09-33.1 |
School board authority ‑ Payment of signing bonuses |
| 15.1-09-33.2 |
Continuing education ‑ Payment ‑ Directives |
| 15.1-09-33.3 |
Student teachers ‑ Provision of stipend |
| 15.1-09-33.4 |
Student misconduct ‑ Prohibition against participation in extracurricular activities |
| 15.1-09-33.5 |
School board ‑ Immunity from liability |
| 15.1-09-34 |
Contracts by school boards ‑ Bids ‑ Penalty |
| 15.1-09-34.1 |
Vehicle and heating fuel ‑ Purchases |
| 15.1-09-35 |
Reports by school boards on conditions of schools |
| 15.1-09-36 |
School board ‑ Authority over student fees |
| 15.1-09-37 |
Duties of school board ‑ Postsecondary instructional programs ‑ Fees |
| 15.1-09-38 |
Duties of school board ‑ Employment of relatives |
| 15.1-09-39 |
Districts in bordering states ‑ Contract |
| 15.1-09-40 |
Sharing of levied taxes ‑ Contract |
| 15.1-09-41 |
School board authority ‑ Reward for destruction of school property |
| 15.1-09-42 |
Educational meetings ‑ Attendance by school district personnel |
| 15.1-09-43 |
Purchase of schoolbus ‑ Payment period |
| 15.1-09-44 |
Schoolbuses ‑ Use of nonprofit organizations |
| 15.1-09-45 |
Storage facilities for schoolbuses |
| 15.1-09-46 |
School district census |
| 15.1-09-47 |
Board of education of city of Fargo ‑ Taxing authority |
| 15.1-09-48 |
Board of education of city of Fargo ‑ Tax collection |
| 15.1-09-49 |
Board of education of city of Fargo ‑ Taxes for buildings |
| 15.1-09-50 |
Board of education of city of Fargo ‑ Powers |
| 15.1-09-51 |
Board of education of city of Fargo ‑ School property |
| 15.1-09-52 |
Board of education of city of Fargo ‑ Ownership of real property |
| 15.1-09-53 |
School district employees' group health plans |
| 15.1-09-54 |
School district technology consortium ‑ Authority to borrow money |
| 15.1-09-55 |
School district superintendent ‑ Joint employment ‑ Accreditation |
| 15.1-09-56 |
Student financial institution |
| 15.1-09-57 |
Licensure to teach ‑ Course area or field ‑ Request for exception ‑ Report |
| 15.1-09-58 |
Four‑year old program ‑ Authorization ‑ Support |
| 15.1-09-59 |
Maintenance of insurance ‑ Report to superintendent of public instruction |
| 15.1-09-60 |
School district safety plan ‑ Establishment of school safety plan fund ‑ Approval ‑ Open records exemption |
| 15.1-09-61 |
Human trafficking and exploitation prevention and awareness education |
Chapter 15.1-09.1 - Regional Education Associations
| Section |
Section Name |
| 15.1-09.1-01 |
Definition |
| 15.1-09.1-02 |
Regional education associations ‑ Review by superintendent of public instruction ‑ Criteria |
| 15.1-09.1-02.1 |
Regional education association ‑ Services to be offered |
| 15.1-09.1-02.2 |
Regional education association - Review process |
| 15.1-09.1-03 |
Regional education association ‑ Provision of special education and related services ‑ Annual plan |
| 15.1-09.1-04 |
Regional education association ‑ Provision of special education and related services ‑ Powers |
| 15.1-09.1-05 |
Regional education association ‑ Provision of special education and related services ‑ Student transportation ‑ Coordination |
| 15.1-09.1-06 |
Regional education associations ‑ Receipt and use of moneys |
| 15.1-09.1-07 |
Joint operating fund ‑ Accounting functions |
| 15.1-09.1-08 |
Regional education association ‑ Report of expenses |
| 15.1-09.1-09 |
Compensation ‑ Reimbursement ‑ Extraordinary service |
| 15.1-09.1-10 |
State aid ‑ Payable to a regional education association ‑ Obligation of district |
| 15.1-09.1-11 |
Rights of employees |
| 15.1-09.1-12 |
Regional education association ‑ Audit |
Chapter 15.1-10 - County Committee
| Section |
Section Name |
| 15.1-10-01 |
County committee ‑ Appointment ‑ Compensation |
| 15.1-10-02 |
County committee ‑ Chairman ‑ Meetings |
| 15.1-10-03 |
County committee ‑ Secretary |
| 15.1-10-04 |
State's attorney to represent committee |
Chapter 15.1-11 - County Superintendent of Schools
| Section |
Section Name |
| 15.1-11-01 |
County superintendent of schools ‑ Employment ‑ Qualifications |
| 15.1-11-02 |
County superintendent of schools ‑ Assignment of duties ‑ Waiver |
| 15.1-11-03 |
County superintendent of schools ‑ Salary |
| 15.1-11-04 |
County superintendent of schools ‑ Duties |
| 15.1-11-05 |
Preservation of records |
| 15.1-11-06 |
Clerks ‑ Office and supplies |
Chapter 15.1-12 - Annexation, Reorganization, and Dissolution
| Section |
Section Name |
| 15.1-12-01 |
Definitions |
| 15.1-12-02 |
Annexation of property to school district ‑ Exchange ‑ Petition ‑ Requirements |
| 15.1-12-03 |
Annexation of property to school district ‑ Eligibility |
| 15.1-12-04 |
Annexation of property to school district ‑ Petition requirements |
| 15.1-12-05 |
Annexation of property to school district ‑ Hearing |
| 15.1-12-06 |
Annexation of property to school district ‑ Effective date |
| 15.1-12-07 |
Transfer of real property upon annexation, reorganization, or dissolution |
| 15.1-12-07.1 |
Voluntary transfer of property to school district ‑ Hearing |
| 15.1-12-08 |
Payment of school district levies after annexation or dissolution |
| 15.1-12-09 |
School district reorganization ‑ Initiation of a reorganization plan |
| 15.1-12-09.1 |
Reorganization plan ‑ General fund mill levy |
| 15.1-12-10 |
School district reorganization ‑ Contents of plan ‑ Public hearing ‑ Testimony and evidence |
| 15.1-12-10.1 |
State board of public school education ‑ Approval of elementary districts prohibited |
| 15.1-12-11 |
School district reorganization ‑ Approved plan ‑ Special election ‑ Formation of new district |
| 15.1-12-11.1 |
Reorganization bonus ‑ Eligibility ‑ Distribution |
| 15.1-12-11.2 |
Reorganization bonus ‑ Advanced payment |
| 15.1-12-12 |
School district reorganization ‑ Vote on issuance of bonds |
| 15.1-12-13 |
School district reorganization ‑ Proposal rejection ‑ Revision ‑ New election |
| 15.1-12-14 |
School district reorganization ‑ School boards ‑ Assumption of duties - Approval of expenditures - Contracts |
| 15.1-12-15 |
School district reorganization ‑ School board ‑ Duties |
| 15.1-12-16 |
School district reorganization ‑ Issuance of bonds ‑ Procedure |
| 15.1-12-16.1 |
Reorganization plan ‑ Building fund levy |
| 15.1-12-17 |
School district reorganization ‑ Elementary schools |
| 15.1-12-18 |
School district reorganization ‑ Approval of plan ‑ Effective date ‑ Transfer of all property |
| 15.1-12-18.1 |
Reorganizing school districts to contact job service North Dakota ‑ Liability of new reorganized school district for reimbursement of unemployment compensation benefits paid |
| 15.1-12-19 |
School district reorganization ‑ Sale or removal of school buildings |
| 15.1-12-20 |
School district reorganization ‑ Cost of elections |
| 15.1-12-21 |
School district reorganization ‑ Changes in plan |
| 15.1-12-22 |
School district reorganization ‑ Board ‑ Powers after five years ‑ Exceptions |
| 15.1-12-23 |
School district reorganization ‑ Proportionate tax rate on agricultural property |
| 15.1-12-24 |
Nonoperating school district ‑ Reorganization or dissolution |
| 15.1-12-25 |
Nonoperating school district ‑ Transportation |
| 15.1-12-26 |
Dissolution of school district ‑ Grounds |
| 15.1-12-26.1 |
Dissolving school district to contact job service North Dakota |
| 15.1-12-27 |
Dissolution of school district ‑ Notice ‑ Hearing ‑ Order of attachment |
| 15.1-12-28 |
Dissolution of school district ‑ Unobligated cash balance ‑ Distribution |
| 15.1-12-28.1 |
Dissolving school district to set up reimbursement account for benefit of job service North Dakota ‑ Liability of receiving school districts if funds are insufficient |
| 15.1-12-29 |
Dissolution of school district ‑ Unobligated cash balance ‑ Tax credits or refunds ‑ Distribution to another political subdivision |
Chapter 15.1-13 - Teacher Licensing
| Section |
Section Name |
| 15.1-13-01 |
Definitions |
| 15.1-13-02 |
Education standards and practices board ‑ Membership |
| 15.1-13-03 |
Board compensation |
| 15.1-13-04 |
Term of office ‑ Vacancy |
| 15.1-13-05 |
Officers |
| 15.1-13-06 |
Meetings ‑ Notice |
| 15.1-13-07 |
Quorum ‑ Revocation requirement |
| 15.1-13-08 |
Board duties |
| 15.1-13-09 |
Board powers |
| 15.1-13-10 |
Criteria for teacher licensure |
| 15.1-13-10.1 |
Student teaching requirements ‑ Teachers licensed in other states |
| 15.1-13-11 |
Application and licensing fees |
| 15.1-13-12 |
Teaching license ‑ Period of effectiveness |
| 15.1-13-12.1 |
Teaching license ‑ Lifetime licensure ‑ Report to the board |
| 15.1-13-13 |
Provisional teaching license ‑ Period of effectiveness ‑ Renewal |
| 15.1-13-14 |
Initial and re-entry licensure of teachers ‑ Criminal history record check |
| 15.1-13-15 |
Teaching license ‑ Application ‑ Oath or affirmation |
| 15.1-13-16 |
Teaching license ‑ Student transcript |
| 15.1-13-17 |
Teaching license ‑ Requirements ‑ Exceptions |
| 15.1-13-17.1 |
Members of the military ‑ Military spouses |
| 15.1-13-18 |
Teaching license ‑ Presentation to business manager |
| 15.1-13-19 |
Teaching license ‑ Expiration |
| 15.1-13-20 |
Applicants licensed in other states |
| 15.1-13-21 |
Reciprocal acceptance of teaching licenses |
| 15.1-13-22 |
Licensure of North Dakota American Indian language instructors |
| 15.1-13-23 |
School guidance and counseling services ‑ Providers |
| 15.1-13-24 |
Complaints against teachers or administrators |
| 15.1-13-25 |
Teaching license ‑ Action by board ‑ Causes |
| 15.1-13-26 |
Crimes against a child and sexual offenses ‑ Denial of or immediate revocation of teaching license |
| 15.1-13-27 |
Suspension or revocation of teaching license ‑ Notice |
| 15.1-13-28 |
Teaching license ‑ Effect of revocation |
| 15.1-13-29 |
Teaching license of administrator ‑ Determinations by subcommittee |
| 15.1-13-30 |
Venue for legal actions |
| 15.1-13-31 |
Conviction of individual holding teaching license ‑ Written notification |
| 15.1-13-32 |
Educational standards and practices board ‑ Unified credential system |
| 15.1-13-33 |
National board certification fund ‑ Creation ‑ Continuing appropriation |
| 15.1-13-34 |
Approval of theological studies instructors |
| 15.1-13-35 |
Teacher licensure requirement - Youth mental health competency |
| 15.1-13-35.1 |
Teaching license ‑ Reading instruction competency |
| 15.1-13-35.2 |
Teaching license - Mathematics instruction competency (Effective through June 30, 2027) |
| 15.1-13-36 |
Satisfaction survey - Development - Utilization - Report to legislative management |
| 15.1-13-37 |
Information identifying a minor ‑ Exempt |
Chapter 15.1-14 - Administrators
| Section |
Section Name |
| 15.1-14-01 |
School district superintendent ‑ Duties |
| 15.1-14-02 |
School district superintendent ‑ Bond |
| 15.1-14-03 |
School district superintendent ‑ Evaluation |
| 15.1-14-03.1 |
Individual functioning as a principal and a superintendent - Treatment |
| 15.1-14-04 |
School district superintendent ‑ Grounds for dismissal |
| 15.1-14-05 |
School district superintendent ‑ Discharge for cause ‑ Notice of hearing ‑ Legal expenses |
| 15.1-14-06 |
School district superintendent ‑ Discharge for cause ‑ Hearing |
| 15.1-14-07 |
School district superintendent ‑ Discharge for cause ‑ Report to the education standards and practices board |
| 15.1-14-08 |
School district superintendent ‑ Suspension during discharge proceeding ‑ Compensation |
| 15.1-14-09 |
School district superintendent ‑ Nonrenewal of contract ‑ Reasons ‑ Notice |
| 15.1-14-10 |
School district superintendent ‑ Nonrenewal of contract ‑ Hearing |
| 15.1-14-11 |
School district superintendent ‑ Contract ‑ Failure to provide notice of nonrenewal |
| 15.1-14-12 |
School district superintendent ‑ Employed for less than two years ‑ Notification of nonrenewal |
| 15.1-14-13 |
Multidistrict special education unit ‑ Director ‑ Evaluation |
| 15.1-14-14 |
Multidistrict special education unit ‑ Director ‑ Grounds for dismissal |
| 15.1-14-15 |
Multidistrict special education unit ‑ Director ‑ Discharge for cause ‑ Notice of hearing ‑ Legal expenses |
| 15.1-14-16 |
Multidistrict special education unit ‑ Director ‑ Discharge for cause ‑ Hearing |
| 15.1-14-17 |
Multidistrict special education unit ‑ Director ‑ Discharge for cause ‑ Report to the education standards and practices board |
| 15.1-14-18 |
Multidistrict special education unit ‑ Director ‑ Suspension during discharge proceeding ‑ Compensation |
| 15.1-14-19 |
Multidistrict special education unit ‑ Director ‑ Nonrenewal of contract ‑ Reasons ‑ Notice |
| 15.1-14-20 |
Multidistrict special education unit ‑ Director ‑ Nonrenewal of contract ‑ Hearing |
| 15.1-14-21 |
Multidistrict special education unit ‑ Director ‑ Contract ‑ Failure to provide notice of nonrenewal |
| 15.1-14-22 |
Multidistrict special education unit ‑ Director ‑ Employed for less than two years ‑ Notification of nonrenewal |
| 15.1-14-23 |
Area career and technology center ‑ Director ‑ Evaluation |
| 15.1-14-24 |
Area career and technology center ‑ Director ‑ Grounds for dismissal |
| 15.1-14-25 |
Area career and technology center ‑ Director ‑ Discharge for cause ‑ Notice of hearing ‑ Legal expenses |
| 15.1-14-26 |
Area career and technology center ‑ Director ‑ Discharge for cause ‑ Hearing |
| 15.1-14-27 |
Area career and technology center ‑ Director ‑ Discharge for cause ‑ Report to the education standards and practices board |
| 15.1-14-28 |
Area career and technology center ‑ Director ‑ Suspension during discharge proceeding ‑ Compensation |
| 15.1-14-29 |
Area career and technology center ‑ Director ‑ Nonrenewal of contract ‑ Reasons ‑ Notice |
| 15.1-14-30 |
Area career and technology center ‑ Director ‑ Nonrenewal of contract ‑ Hearing |
| 15.1-14-31 |
Area career and technology center ‑ Director ‑ Contract ‑ Failure to provide notice of nonrenewal |
| 15.1-14-32 |
Area career and technology center ‑ Director ‑ Employed for less than two years ‑ Notification of nonrenewal |
Chapter 15.1-15 - Contracts of Teachers and Administrators
| Section |
Section Name |
| 15.1-15-01 |
Performance reviews ‑ Written reports |
| 15.1-15-02 |
Probationary teachers ‑ Review of evaluations ‑ Renewal and nonrenewal of contracts |
| 15.1-15-03 |
Employment after January first ‑ Review of evaluation ‑ Renewal and nonrenewal of contracts |
| 15.1-15-04 |
Contracts ‑ Renewals ‑ Notice |
| 15.1-15-05 |
Contracts ‑ Contemplated nonrenewal ‑ Reasons ‑ Notice |
| 15.1-15-05.1 |
Principal - Employed for less than two years - Notification of nonrenewal |
| 15.1-15-06 |
Contracts ‑ Contemplated nonrenewal ‑ Hearing |
| 15.1-15-07 |
Discharge for cause ‑ Grounds |
| 15.1-15-08 |
Discharge for cause ‑ Hearing |
| 15.1-15-09 |
Alleged child abuse ‑ Discharge ‑ Nonrenewal of contract ‑ Limitations |
| 15.1-15-10 |
Suspension during discharge proceeding ‑ Compensation |
| 15.1-15-11 |
Discharge for cause ‑ Report to education standards and practices board |
| 15.1-15-12 |
Nonapplicable provisions |
Chapter 15.1-16 - Teacher Representation and Negotiation
| Section |
Section Name |
| 15.1-16-01 |
Definitions |
| 15.1-16-02 |
Education factfinding commission ‑ Appointment ‑ Terms ‑ Quorum |
| 15.1-16-03 |
Education factfinding commission ‑ Compensation |
| 15.1-16-04 |
Education factfinders ‑ Compensation |
| 15.1-16-05 |
Education factfinding commission ‑ Rules ‑ Powers |
| 15.1-16-06 |
Factfinding ‑ Sharing of cost |
| 15.1-16-07 |
Representative organizations ‑ Participation |
| 15.1-16-08 |
Representative organization ‑ Negotiating unit ‑ Right to negotiate |
| 15.1-16-09 |
Scope of representation |
| 15.1-16-10 |
Negotiating unit ‑ Formation |
| 15.1-16-11 |
Representative organization ‑ Selection |
| 15.1-16-12 |
Representative organization ‑ Payroll deduction ‑ Dues |
| 15.1-16-13 |
Good‑faith negotiations |
| 15.1-16-14 |
Impasse ‑ Existence |
| 15.1-16-15 |
Impasse ‑ Resolution |
| 15.1-16-16 |
Participation in a strike ‑ Prohibition |
| 15.1-16-17 |
Discrimination ‑ Prohibition |
| 15.1-16-18 |
Representative organization ‑ Authority |
| 15.1-16-19 |
Sick leave ‑ Accumulation |
| 15.1-16-20 |
North Dakota vision services ‑ School for the blind ‑ School for the deaf ‑ Youth correctional center ‑ Contracts of employment for teachers ‑ Personnel policies |
| 15.1-16-21 |
Salary increase ‑ Unfillable position |
| 15.1-16-22 |
Negotiation strategy and instructions - Executive session |
Chapter 15.1-17 - Teacher Personnel Files
| Section |
Section Name |
| 15.1-17-01 |
Personnel file ‑ Review by teacher |
| 15.1-17-02 |
Personnel file ‑ Teacher's response |
| 15.1-17-03 |
Personnel file ‑ Objection to documents |
| 15.1-17-04 |
Complaint against teacher ‑ Notification |
| 15.1-17-05 |
No secret files maintained ‑ Penalty |
Chapter 15.1-18 - Teacher Qualifications
| Section |
Section Name |
| 15.1-18-01 |
Early childhood education teaching license |
| 15.1-18-02 |
Prekindergarten and kindergarten teacher requirements |
| 15.1-18-02.1 |
Grades one through twelve ‑ Teacher requirements |
| 15.1-18-03 |
Grades nine through twelve ‑ Teacher qualifications ‑ Exceptions |
| 15.1-18-04 |
Student teacher ‑ Eminence‑credentialed teacher ‑ Legal authority and status |
| 15.1-18-05 |
Special education strategist credential |
| 15.1-18-06 |
Provisional special education strategist credential |
| 15.1-18-07 |
Elementary school teacher qualifications |
| 15.1-18-08 |
Middle school teacher qualifications |
| 15.1-18-09 |
High school qualifications |
| 15.1-18-10 |
Specialty areas ‑ Teacher qualification (Effective through July 31, 2031) |
| 15.1-18-11 |
Rural school districts ‑ Federal flexibility |
| 15.1-18-12 |
Military spouses |
Chapter 15.1-18.1 - Teacher Certification
| Section |
Section Name |
| 15.1-18.1-01 |
Definitions |
| 15.1-18.1-02 |
National board certification program ‑ Recertification ‑ Board duties |
Chapter 15.1-18.2 - Professional Development Plans
| Section |
Section Name |
| 15.1-18.2-01 |
Professional development plan ‑ Adoption ‑ Review by school district |
| 15.1-18.2-02 |
Professional development plan ‑ Review by superintendent of public instruction |
| 15.1-18.2-03 |
Professional development advisory committee ‑ Duties ‑ Staff support |
| 15.1-18.2-03.1 |
Professional development advisory committee ‑ Reimbursement of members |
| 15.1-18.2-03.2 |
Professional development ‑ Discretionary |
| 15.1-18.2-04 |
Student athletics - Concussion management program - Requirements |
| 15.1-18.2-05 |
Teacher support program - Establishment |
| 15.1-18.2-06 |
Teacher support program - Availability of services |
| 15.1-18.2-07 |
Teacher support program - Authorized service recipients |
Chapter 15.1-19 - Students and Safety
| Section |
Section Name |
| 15.1-19-01 |
Legal surname ‑ Use |
| 15.1-19-02 |
Corporal punishment ‑ Prohibition ‑ Consistent policies |
| 15.1-19-03 |
Period of silence |
| 15.1-19-03.1 |
Recitation of prayer ‑ Period of silence ‑ Pledge of allegiance |
| 15.1-19-04 |
Religious instruction ‑ Excuse of student |
| 15.1-19-05 |
Birth control device ‑ Distribution ‑ Restriction |
| 15.1-19-06 |
Abortion referrals |
| 15.1-19-07 |
Communicable parasites ‑ Detection and eradication |
| 15.1-19-08 |
Homeless child ‑ Education |
| 15.1-19-09 |
Students ‑ Suspension and expulsion ‑ Rules |
| 15.1-19-10 |
Possession of a weapon ‑ Policy ‑ Expulsion from school |
| 15.1-19-11 |
School safety patrols ‑ Establishment ‑ Adoption of rules |
| 15.1-19-12 |
School safety patrols ‑ Immunity from liability |
| 15.1-19-13 |
Alcohol or controlled substance ‑ Use or possession by student ‑ Notification of principal ‑ Exception |
| 15.1-19-14 |
School law enforcement unit |
| 15.1-19-15 |
Record retention |
| 15.1-19-16 |
Asthma ‑ Anaphylaxis ‑ Self‑administration of medication by student ‑ Liability |
| 15.1-19-17 |
Bullying ‑ Definition |
| 15.1-19-18 |
Bullying ‑ Prohibition by policy |
| 15.1-19-19 |
Professional development activities |
| 15.1-19-20 |
Bullying prevention programs |
| 15.1-19-21 |
Causes of action - Immunity - School districts |
| 15.1-19-22 |
Causes of action - Immunity - Nonpublic schools |
| 15.1-19-23 |
Medication program - Establishment - Opt‑out - Liability - Immunity from liability |
| 15.1-19-23.1 |
Immunity from COVID‑19-related liability ‑ Exceptions |
| 15.1-19-24 |
Youth suicide prevention - Training |
| 15.1-19-25 |
Student journalists - Freedom of expression ‑ Civil remedy |
| 15.1-19-26 |
Prohibition on aiding and abetting sexual abuse |
| 15.1-19-27 |
Conviction of aiding and abetting sexual abuse ‑ Penalty |
| 15.1-19-28 |
Dress code ‑ Inclusion of traditional tribal regalia and objects of cultural significance |
| 15.1-19-29 |
Mandated reporter of suspected child abuse or neglect ‑ Training |
| 15.1-19-30 |
Student sexual offense ‑ Victim protection |
Chapter 15.1-20 - School Attendance
Chapter 15.1-21 - Curriculum and Testing
| Section |
Section Name |
| 15.1-21-01 |
Elementary and middle schools ‑ Required instruction (Effective through July 31, 2027) |
| 15.1-21-02 |
High schools ‑ Required units (Effective through July 31, 2027) |
| 15.1-21-02.1 |
High school diploma ‑ Minimum units |
| 15.1-21-02.2 |
High school graduation ‑ Minimum requirements |
| 15.1-21-02.3 |
Optional high school curriculum ‑ Requirements |
| 15.1-21-02.4 |
North Dakota career and technical education scholarship |
| 15.1-21-02.5 |
North Dakota academic scholarship |
| 15.1-21-02.6 |
North Dakota scholarship ‑ Amount ‑ Applicability (Effective through July 31, 2030) |
| 15.1-21-02.7 |
North Dakota scholarship opportunities ‑ 2009‑10 high school graduates |
| 15.1-21-02.8 |
North Dakota scholarship ‑ Eligibility ‑ One‑time exception (Effective through July 31, 2030) |
| 15.1-21-02.9 |
North Dakota scholarship - Information system |
| 15.1-21-02.10 |
North Dakota scholarship |
| 15.1-21-03 |
High school unit ‑ Instructional time |
| 15.1-21-04 |
Minimum high school courses ‑ Alternative curriculum plans |
| 15.1-21-05 |
Indian education curriculum |
| 15.1-21-05.1 |
Curriculum ‑ Critical race theory ‑ Prohibited |
| 15.1-21-06 |
Goals 2000 ‑ Participation voluntary |
| 15.1-21-07 |
School‑to‑work ‑ Student participation voluntary |
| 15.1-21-08 |
Reading, mathematics, and science ‑ Administration of test |
| 15.1-21-08.1 |
Parental directive ‑ Administration of tests and assessments ‑ Report |
| 15.1-21-09 |
Test scores ‑ Compilation |
| 15.1-21-10 |
Test scores ‑ Publication |
| 15.1-21-11 |
Superintendent of public instruction ‑ Review of test questions |
| 15.1-21-12 |
Professional development ‑ Use of available funds |
| 15.1-21-12.1 |
Reading curriculum ‑ Content ‑ Professional development ‑ Reports to legislative management |
| 15.1-21-12.2 |
Mathematics curriculum - Professional development and intervention (Effective through June 30, 2027) |
| 15.1-21-12.3 |
Mathematics curriculum and professional development - Rules - Reports to the superintendent of public instruction and the legislative management |
| 15.1-21-13 |
Content standards ‑ Translation ‑ Curriculum |
| 15.1-21-14 |
Test ‑ Availability for viewing |
| 15.1-21-15 |
Electronic course delivery ‑ Approval process |
| 15.1-21-16 |
Summer school courses and programs ‑ Eligibility for payment |
| 15.1-21-17 |
Interim assessment |
| 15.1-21-17.1 |
Interim assessment ‑ State‑provided or state‑approved list |
| 15.1-21-18 |
Career interest inventory - Educational and career planning ‑ Consultation |
| 15.1-21-19 |
Summative assessment ‑ Selection ‑ Cost ‑ Exemptions |
| 15.1-21-20 |
Summative assessment ‑ General educational development diploma ‑ Selection ‑ Cost |
| 15.1-21-21 |
Financial literacy ‑ Concepts of personal finance ‑ Inclusion in curriculum |
| 15.1-21-22 |
Required reading of historical documents |
| 15.1-21-23 |
Readiness testing and formative assessments - Kindergarten students - School calendar |
| 15.1-21-24 |
Health curriculum - Content |
| 15.1-21-25 |
High school graduation ‑ Minimum requirements |
| 15.1-21-26 |
Driver education curriculum - Content - Anatomical gift |
| 15.1-21-27 |
High school graduation requirement - Civics test |
| 15.1-21-28 |
Growth and development and human sexuality curriculum ‑ Content |
| 15.1-21-29 |
Private tutors |
| 15.1-21-30 |
Curriculum - Kindergarten through grade three - Foreign language - Pilot program |
Chapter 15.1-22 - Kindergarten
| Section |
Section Name |
| 15.1-22-01 |
Kindergarten ‑ Establishment by board |
| 15.1-22-02 |
Public kindergarten ‑ Requirements |
| 15.1-22-03 |
Nonpublic kindergarten ‑ Requirements ‑ Approval |
| 15.1-22-04 |
Kindergarten ‑ Discontinuation |
Chapter 15.1-23 - Home Education
| Section |
Section Name |
| 15.1-23-01 |
Definitions |
| 15.1-23-02 |
Statement of intent to supervise home education |
| 15.1-23-03 |
Home education ‑ Parental qualifications |
| 15.1-23-04 |
Home education ‑ Required subjects ‑ Instructional time |
| 15.1-23-05 |
Home education ‑ Academic records |
| 15.1-23-06 |
Home education ‑ Required monitoring of progress |
| 15.1-23-07 |
Home education ‑ Required monitoring of progress ‑ Reporting of progress ‑ Compensation |
| 15.1-23-08 |
Test administration |
| 15.1-23-09 |
Home education ‑ Standardized achievement test - Exemption |
| 15.1-23-10 |
Home education ‑ Standardized achievement test ‑ Cost |
| 15.1-23-11 |
Home education ‑ Standardized achievement test ‑ Results |
| 15.1-23-12 |
Home education ‑ Remediation plan |
| 15.1-23-13 |
Home education ‑ Disabilities ‑ Services plan |
| 15.1-23-14 |
Child with a developmental disability ‑ Home education |
| 15.1-23-15 |
Child with a developmental disability ‑ Home education ‑ Progress reports |
| 15.1-23-16 |
Home education ‑ Participation in extracurricular activities |
| 15.1-23-17 |
Home education ‑ High school diplomas |
| 15.1-23-18 |
Home education ‑ Liability |
| 15.1-23-19 |
Home education ‑ State aid to school districts |
Chapter 15.1-24 - Chemical Abuse Prevention
| Section |
Section Name |
| 15.1-24-01 |
Chemical abuse prevention program ‑ Rules |
| 15.1-24-02 |
Staff |
| 15.1-24-03 |
Chemical abuse preassessment team ‑ Building level support team |
| 15.1-24-04 |
Treatment or assistance records ‑ Confidential |
| 15.1-24-05 |
Law enforcement agencies ‑ Duty to inform team |
| 15.1-24-06 |
Report of chemical abuse ‑ Immunity from liability |
Chapter 15.1-25 - Postsecondary Enrollment
| Section |
Section Name |
| 15.1-25-01 |
Postsecondary enrollment options program |
| 15.1-25-02 |
Permission to enroll ‑ Notification ‑ Credits |
| 15.1-25-03 |
Costs of attendance ‑ Responsibility of student |
| 15.1-25-04 |
Transportation ‑ Responsibility of student |
| 15.1-25-05 |
Per student payments ‑ Extracurricular activities |
| 15.1-25-06 |
Courses ‑ Statutory and regulatory exemption |
Chapter 15.1-26 - Adult Education
| Section |
Section Name |
| 15.1-26-01 |
Definitions ‑ Adult and adult basic and secondary education |
| 15.1-26-02 |
Adult basic and secondary education programs ‑ Coordination |
| 15.1-26-03 |
Adult basic and secondary education programs ‑ Availability |
| 15.1-26-04 |
Funding for adult basic and secondary education programs |
| 15.1-26-05 |
General equivalency diplomas ‑ Copies |
| 15.1-26-06 |
General educational development test results ‑ Confidentiality |
| 15.1-26-07 |
Adult basic and secondary education fund ‑ Continuing appropriation |
| 15.1-26-08 |
Grants ‑ Computer operations and cybersecurity instruction |
Chapter 15.1-27 - State Aid
| Section |
Section Name |
| 15.1-27-01 |
Payments to school districts ‑ Distribution |
| 15.1-27-02 |
Per student payments ‑ Required reports |
| 15.1-27-03 |
Cost of education ‑ Determination |
| 15.1-27-03.1 |
Weighted average daily membership ‑ Determination |
| 15.1-27-03.2 |
School district size weighting factor ‑ Weighted student units (Effective through June 30, 2028) |
| 15.1-27-04 |
Per student payment rate |
| 15.1-27-04.1 |
Baseline funding ‑ Establishment ‑ Determination of state aid |
| 15.1-27-04.2 |
State aid - Minimum local effort - Determination |
| 15.1-27-04.3 |
Adjustment to state aid ‑ Local property tax effort |
| 15.1-27-05 |
School district equalization factor |
| 15.1-27-06 |
Per student payments ‑ Weighting factors ‑ High school students |
| 15.1-27-07 |
Per student payments ‑ Weighting factors ‑ Elementary school students |
| 15.1-27-07.1 |
Kindergarten payments ‑ Determination |
| 15.1-27-07.2 |
Baseline funding ‑ Determination ‑ Minimum and maximum allowable increases |
| 15.1-27-08 |
Per student payments ‑ Unaccredited high schools |
| 15.1-27-09 |
Per student payments ‑ Unaccredited elementary schools |
| 15.1-27-10 |
Per student payments ‑ Special education |
| 15.1-27-11 |
Equity payments |
| 15.1-27-12 |
Per student payments ‑ English language learners |
| 15.1-27-13 |
Per student payments ‑ Students on active duty |
| 15.1-27-14 |
Per student payments ‑ Students attending school out of state |
| 15.1-27-15 |
Isolated schools |
| 15.1-27-15.1 |
Isolated school districts - Transition payments |
| 15.1-27-16 |
Per student payments ‑ Cooperating districts |
| 15.1-27-17 |
Per student payments ‑ Reorganization of school districts ‑ Separate weighting factor |
| 15.1-27-18 |
Per student payments ‑ Eligibility |
| 15.1-27-19 |
Summer school courses and programs ‑ Payments to school districts |
| 15.1-27-20 |
State aid payments ‑ Claim by school district ‑ Appeal |
| 15.1-27-20.1 |
General fund levy ‑ Impact on state aid |
| 15.1-27-20.2 |
Taxable valuation ‑ Impact on state aid |
| 15.1-27-21 |
Payment to school district ‑ Property valuation changes |
| 15.1-27-22 |
Insufficient moneys ‑ Fractional payments |
| 15.1-27-22.1 |
Distribution of remaining moneys |
| 15.1-27-23 |
Weather or other conditions ‑ Closure of schools ‑ State aid payments to school districts |
| 15.1-27-24 |
Taylor Grazing Act funds ‑ Disposition |
| 15.1-27-25 |
Royalties available under federal law ‑ Distribution to counties and school districts ‑ Continuing appropriation |
| 15.1-27-26 |
School district transportation of students ‑ Payments |
| 15.1-27-26.1 |
School district transportation of students ‑ Payments |
| 15.1-27-27 |
School district transportation of special education students ‑ Payments |
| 15.1-27-27.1 |
School district transportation of special education students ‑ Payments |
| 15.1-27-28 |
School district transportation of career and technical education students ‑ Payments |
| 15.1-27-28.1 |
School district transportation of career and technical education students ‑ Payments |
| 15.1-27-29 |
Transportation payments ‑ Certification of information |
| 15.1-27-30 |
School district closure ‑ Distribution of transportation payments |
| 15.1-27-30.1 |
School district closure ‑ Distribution of transportation payments |
| 15.1-27-31 |
State transportation payments to school districts |
| 15.1-27-31.1 |
State transportation payments to school districts |
| 15.1-27-31.2 |
Transportation average daily membership equivalents converted to weighted student unit equivalents ‑ Determination (Effective through June 30, 2027) |
| 15.1-27-32 |
School district closure ‑ Distribution of per student special education payments |
| 15.1-27-33 |
Nonoperating school districts ‑ Education of students ‑ State payments |
| 15.1-27-34 |
Transfer of funds prohibited ‑ Youth correctional center |
| 15.1-27-35 |
Average daily membership ‑ Calculation |
| 15.1-27-35.1 |
Average daily membership ‑ Reduction in grade levels |
| 15.1-27-35.2 |
Average daily membership ‑ Dissolved school districts |
| 15.1-27-35.3 |
Payments to school districts ‑ Unobligated general fund balance |
| 15.1-27-36 |
Definitions |
| 15.1-27-37 |
Compensation of teachers ‑ Claim for reimbursement ‑ Rules |
| 15.1-27-38 |
Compensation of teachers ‑ Distribution of reimbursements |
| 15.1-27-39 |
Annual salary ‑ Minimum amount |
| 15.1-27-40 |
Approved joint powers agreement ‑ Report of expenses |
| 15.1-27-41 |
North Dakota commission on education improvement ‑ Membership ‑ Duties ‑ Report to legislative council ‑ Reimbursement for expenses |
| 15.1-27-42 |
Military installation school districts ‑ Eligibility for state aid and equity payments |
| 15.1-27-43 |
Reorganized district ‑ Continuation of equity payment |
| 15.1-27-44 |
Dissolved district ‑ Continuation of equity payment |
| 15.1-27-45 |
Property tax relief fund |
| 15.1-27-46 |
Uses of the foundation aid stabilization fund |
Chapter 15.1-28 - State Tuition Fund
| Section |
Section Name |
| 15.1-28-01 |
State tuition fund ‑ Source |
| 15.1-28-02 |
Reports of county treasurer |
| 15.1-28-03 |
State tuition fund ‑ Apportionment ‑ Payment |
Chapter 15.1-29 - Nonresident Tuition and Reciprocity
| Section |
Section Name |
| 15.1-29-01 |
Education of students in bordering states ‑ Payment of tuition |
| 15.1-29-02 |
Education of students in bordering states ‑ Contract ‑ Tuition |
| 15.1-29-02.1 |
Cross‑border attendance ‑ Contract with South Dakota |
| 15.1-29-03 |
Education of students in other districts ‑ Payment of tuition and transportation |
| 15.1-29-04 |
Payment of tuition and transportation by sending districts ‑ Interest on late payments ‑ Notification |
| 15.1-29-05 |
Petition by parent for payment of tuition or tuition waiver |
| 15.1-29-06 |
Petition for waiver of tuition ‑ Appeal ‑ Withholding of state payments |
| 15.1-29-07 |
Payment of tuition by parent ‑ Content of tuition contract with parent |
| 15.1-29-08 |
Payment of tuition ‑ Kindergarten student |
| 15.1-29-09 |
Payment of tuition by federal government |
| 15.1-29-10 |
Tuition contracts ‑ Agreement with federal officials |
| 15.1-29-11 |
Admission of students ‑ Conditions |
| 15.1-29-12 |
Tuition payments ‑ Determination |
| 15.1-29-13 |
Tuition payments ‑ Nonresident students |
| 15.1-29-14 |
Student placement for noneducational purposes ‑ Residency determination ‑ Payment of tuition and tutoring charges |
| 15.1-29-14.1 |
Placement of student by out‑of‑state agency or entity ‑ Provision of services ‑ Contract ‑ Responsibility for tuition and charges |
| 15.1-29-15 |
Levy for tuition payments |
| 15.1-29-16 |
Military-connected student ‑ Average daily membership |
Chapter 15.1-30 - Transportation of Students
| Section |
Section Name |
| 15.1-30-01 |
Transportation or meals and lodging ‑ Options of school board |
| 15.1-30-02 |
Transportation payments ‑ Board option |
| 15.1-30-03 |
Transportation payments ‑ Written request ‑ Waiver |
| 15.1-30-04 |
Provision of meals and lodging for high school students ‑ Payment permitted |
| 15.1-30-05 |
Schoolbus transportation services ‑ Optional fee |
| 15.1-30-06 |
Transportation ‑ Bids, contracts, bonds |
| 15.1-30-07 |
Transportation contract ‑ Standard form |
| 15.1-30-08 |
Transportation contract ‑ Provisions |
| 15.1-30-09 |
Transportation contract ‑ Waiver of provisions |
| 15.1-30-10 |
Transportation contract ‑ Assignment |
| 15.1-30-11 |
Transportation contract ‑ Direct negotiation |
| 15.1-30-12 |
Contract for transportation ‑ Conditions |
| 15.1-30-13 |
Transportation of students ‑ Control and discipline |
| 15.1-30-14 |
Schoolbus route ‑ Extension into bordering state |
| 15.1-30-15 |
Transportation services to nonpublic students ‑ Joint provision of transportation services |
Chapter 15.1-31 - Open Enrollment
| Section |
Section Name |
| 15.1-31-01 |
Open enrollment ‑ Procedure |
| 15.1-31-02 |
Open enrollment ‑ Grounds for denial ‑ Exception |
| 15.1-31-03 |
Open enrollment ‑ State aid |
| 15.1-31-04 |
Open enrollment ‑ Students with disabilities ‑ Additional costs |
| 15.1-31-05 |
Open enrollment ‑ Transportation |
| 15.1-31-06 |
Open enrollment ‑ School boards ‑ Standards |
| 15.1-31-07 |
Students not subject to this chapter |
| 15.1-31-08 |
Open enrollment ‑ Transfer of students ‑ Responsibility of district of residence |
Chapter 15.1-32 - Special Education
| Section |
Section Name |
| 15.1-32-01 |
Definitions |
| 15.1-32-02 |
Coordination of special education policies and programs |
| 15.1-32-03 |
Interagency cooperative agreements ‑ Development and implementation |
| 15.1-32-04 |
Institutions not supervised by public school authorities ‑ Rules |
| 15.1-32-05 |
Special education ‑ Cooperation among agencies |
| 15.1-32-06 |
Director of special education |
| 15.1-32-07 |
Director of special education ‑ Assistance to school districts |
| 15.1-32-08 |
School districts ‑ Provision of special education |
| 15.1-32-09 |
Superintendent of public instruction ‑ Rules |
| 15.1-32-10 |
Gifted students |
| 15.1-32-11 |
School district records ‑ Students with disabilities |
| 15.1-32-12 |
Multidisciplinary teams ‑ Individualized education programs ‑ Services plans |
| 15.1-32-13 |
Related services ‑ Insurance options ‑ School district responsibility |
| 15.1-32-14 |
High‑cost students |
| 15.1-32-15 |
Student with disabilities ‑ Attendance at private institution or out‑of‑state public school |
| 15.1-32-16 |
Transportation services |
| 15.1-32-17 |
Extended educational program |
| 15.1-32-18 |
Cost ‑ Liability of school district for special education and other high‑cost services |
| 15.1-32-19 |
Boarding care costs ‑ Reimbursement of school district |
| 15.1-32-20 |
School district financing ‑ Levy |
| 15.1-32-21 |
Federal aid for special education |
| 15.1-32-21.1 |
Postsecondary transitional grant program ‑ Students |
| 15.1-32-22 |
Right to educational services ‑ Attorney's fees |
| 15.1-32-23 |
Special education teachers ‑ Credentialing process |
| 15.1-32-24 |
Noncategorical delay |
| 15.1-32-25 |
Reading screening |
| 15.1-32-26 |
Dyslexia screening and intervention ‑ Report to legislative management ‑ Professional development |
Chapter 15.1-33 - Multidistrict Special Education
| Section |
Section Name |
| 15.1-33-01 |
Multidistrict special education unit ‑ Corporation |
| 15.1-33-02 |
Multidistrict special education units ‑ School district participation |
| 15.1-33-03 |
Multidistrict special education unit ‑ Organizational plan ‑ Contents |
| 15.1-33-04 |
Multidistrict special education unit ‑ Board member appointments |
| 15.1-33-05 |
Multidistrict special education unit ‑ Board members ‑ Compensation |
| 15.1-33-06 |
Withdrawal from a multidistrict program |
| 15.1-33-07 |
Multidistrict special education unit ‑ Board ‑ Preparation of annual plan |
| 15.1-33-08 |
Multidistrict special education unit ‑ Board ‑ Powers |
| 15.1-33-09 |
Multidistrict special education unit ‑ Board ‑ Coordination of student transportation |
| 15.1-33-10 |
Multidistrict special education board ‑ Rights of employees |
Chapter 15.1-34 - Students With Disabilities Boarding Home Care
| Section |
Section Name |
| 15.1-34-01 |
Definitions |
| 15.1-34-02 |
Students with disabilities ‑ Boarding home care ‑ Registration certificate |
| 15.1-34-03 |
Registration certificate ‑ Application |
| 15.1-34-04 |
Boarding home fire inspection ‑ Report |
| 15.1-34-05 |
Boarding home ‑ Conditions ‑ Inspection ‑ Investigation of owner or operator |
| 15.1-34-06 |
Conviction ‑ Effect on registration ‑ Exceptions |
| 15.1-34-07 |
Registration certificate ‑ Denial ‑ Administrative hearing |
| 15.1-34-08 |
Registration certificate ‑ Information |
| 15.1-34-09 |
Records ‑ Maintenance ‑ Examination |
| 15.1-34-10 |
Records ‑ Students ‑ Confidentiality |
| 15.1-34-11 |
Registration certificate ‑ Revocation |
| 15.1-34-12 |
Registration certificate ‑ Revocation ‑ Administrative hearing |
| 15.1-34-13 |
Student with disabilities ‑ Placement by governmental entity ‑ Requirements |
| 15.1-34-14 |
Minimum standards ‑ Rules ‑ Inspection by governmental entity |
| 15.1-34-15 |
Penalty |
Chapter 15.1-35 - Child Nutrition and Food Distribution Programs
| Section |
Section Name |
| 15.1-35-01 |
Definitions |
| 15.1-35-02 |
Federal funds ‑ Contracts ‑ Expenditures |
| 15.1-35-03 |
Administration of program ‑ Rules ‑ Disbursement of funds |
| 15.1-35-04 |
Board of a school district ‑ Use of funds |
| 15.1-35-05 |
Accounts and records ‑ Rules ‑ Reporting ‑ Availability |
| 15.1-35-06 |
Studies ‑ Appraisals ‑ Reports to governor |
| 15.1-35-07 |
Food service personnel ‑ Training |
| 15.1-35-08 |
Contract ‑ Preparation and provision of meals |
| 15.1-35-09 |
Beverages - Snack breaks |
Chapter 15.1-36 - School Construction
| Section |
Section Name |
| 15.1-36-01 |
School construction projects ‑ Approval |
| 15.1-36-02 |
Coal development trust fund ‑ Board of university and school lands ‑ School construction projects ‑ Unanticipated construction projects and emergency repairs ‑ Loans |
| 15.1-36-02.1 |
School construction projects ‑ Reorganized districts ‑ Interest subsidy |
| 15.1-36-03 |
School construction project loans ‑ Management by Bank of North Dakota |
| 15.1-36-04 |
Evidences of indebtedness (Retroactive application ‑ See note) |
| 15.1-36-05 |
Construction of public school building ‑ Violations ‑ Penalty |
| 15.1-36-06 |
School construction loans - Bank of North Dakota |
| 15.1-36-07 |
School construction loans - Bank of North Dakota |
| 15.1-36-08 |
School construction assistance revolving loan fund ‑ Bank of North Dakota ‑ School construction projects ‑ Continuing appropriation |
Chapter 15.1-37 - Early Childhood Education Program
| Section |
Section Name |
| 15.1-37-01 |
Early childhood education program ‑ Approval |
| 15.1-37-02 |
North Dakota early childhood education council ‑ Membership ‑ Terms |
| 15.1-37-03 |
Council ‑ Duties |
| 15.1-37-04 |
Council members ‑ Reimbursement for expenses |
| 15.1-37-05 |
Early childhood education providers ‑ Coalition ‑ Eligibility |
| 15.1-37-06 |
Receipt and distribution of grants - Notification |
| 15.1-37-07 |
Acceptance of children into program - Requirements - Limitations |
| 15.1-37-08 |
Data collection - Requirements |
Chapter 15.1-38 - English Language Learners Instruction
| Section |
Section Name |
| 15.1-38-01 |
English language learners ‑ Program of instruction |
| 15.1-38-01.1 |
English language learner ‑ Definition |
| 15.1-38-01.2 |
New immigrant English language learner ‑ Definition |
| 15.1-38-02 |
Program establishment |
| 15.1-38-03 |
English language learner services ‑ Individualized plans |
Chapter 15.1-39 - Athletic Team Participant Designation
Chapter 15.1-40 - Public Charter Schools
| Section |
Section Name |
| 15.1-40-01 |
Definitions |
| 15.1-40-02 |
Public charter schools - Authority - Governance - Requirements |
| 15.1-40-03 |
Applicability of other laws, rules, and regulations |
| 15.1-40-04 |
Superintendent of public instruction - Information - Guidance - Rules |
| 15.1-40-05 |
Charter schools - Eligibility - Enrollment |
| 15.1-40-06 |
Superintendent of public instruction - Powers and duties - Report to the legislative management |
| 15.1-40-07 |
Establishment of a public charter school - Conversion to a public charter school - Application requirements |
| 15.1-40-08 |
Education service providers |
| 15.1-40-09 |
Application review process - Approval decisions |
| 15.1-40-10 |
Charter performance agreements - Performance-based accountability - Data reporting |
| 15.1-40-11 |
Charter performance agreement - Terms - Delayed opening |
| 15.1-40-12 |
Superintendent of public instruction - Monitoring - Annual evaluation - Opportunity for remediation |
| 15.1-40-13 |
Public charter school performance report - Renewal responsibilities |
| 15.1-40-14 |
Renewal application - Decision |
| 15.1-40-15 |
Charter performance agreement - Revocation - Nonrenewal |
| 15.1-40-16 |
School closure and dissolution |
| 15.1-40-17 |
Local education agency status |
| 15.1-40-18 |
Governing board |
| 15.1-40-19 |
Public school employees |
| 15.1-40-20 |
Generally accepted accounting principles - Independent audits |
| 15.1-40-21 |
Funding - Categorical aid - Transportation |
| 15.1-40-22 |
Facilities - Activities |
Title 16 - Elections
Chapter 16-01 - General Provisions [Repealed]
Chapter 16-02 - Registration of Electors [Repealed]
Chapter 16-03 - Individual Nominations [Repealed]
Chapter 16-04 - Primary Elections [Repealed]
Chapter 16-05 - Nominations for Office, General Provisions [Repealed]
Chapter 16-06 - General Elections [Repealed]
Chapter 16-07 - Special Elections [Repealed]
Chapter 16-08 - No-Party Ballot [Repealed]
Chapter 16-09 - Precincts and Voting Places [Repealed]
Chapter 16-10 - Election Officers [Repealed]
Chapter 16-11 - Election Supplies [Repealed]
Chapter 16-12 - Conduct of Elections [Repealed]
Chapter 16-13 - Returns [Repealed]
Chapter 16-14 - Contest of Legislative Assembly Election [Repealed]
Chapter 16-15 - Contesting State or County Elections [Repealed]
Chapter 16-16 - Presidential Electors [Repealed]
Chapter 16-17 - Party Committee Organization [Repealed]
Chapter 16-18 - Absent Voters' Ballots [Repealed]
Chapter 16-19 - Publicity Pamphlet [Repealed]
Chapter 16-20 - Corrupt Practices
Chapter 16-21 - Voting Machines [Repealed]
Chapter 16-21.1 - Electronic Voting Systems [Repealed]
Chapter 16-22 - Disclosure of Financial Interests [Repealed]
Title 16.1 - Elections
Chapter 16.1-01 - General Provisions
| Section |
Section Name |
| 16.1-01-00.1 |
Definitions |
| 16.1-01-01 |
Secretary of state to supervise election procedures ‑ County administrator of elections |
| 16.1-01-02 |
Applicability of provisions of title |
| 16.1-01-02.1 |
State policy encouraging employers to establish policy granting employees time to vote |
| 16.1-01-02.2 |
Special election ‑ Special procedures |
| 16.1-01-02.3 |
Special election costs ‑ Reimbursement |
| 16.1-01-03 |
Opening and closing of the polls |
| 16.1-01-04 |
Qualifications of electors - Voting requirements |
| 16.1-01-04.1 |
Identification verifying eligibility as an elector |
| 16.1-01-04.2 |
Residence for voting ‑ Rules for determining |
| 16.1-01-05 |
Voting by qualified elector moving from one precinct to another |
| 16.1-01-05.1 |
Voter lists ‑ Addition or transfer of names |
| 16.1-01-06 |
Highest number of votes elects |
| 16.1-01-06.1 |
Approval voting ‑ Ranked-choice voting ‑ Prohibition |
| 16.1-01-07 |
Constitutional amendments and other questions to be advertised ‑ Notification by secretary of state ‑ Manner of publishing |
| 16.1-01-08 |
Correcting errors on ballots ‑ Requiring performance of duty ‑ Correcting or prosecuting wrongful performance |
| 16.1-01-09 |
Initiative or referendum petitions ‑ Signature ‑ Form ‑ Circulation |
| 16.1-01-09.1 |
Recall petitions ‑ Signature ‑ Form ‑ Circulation |
| 16.1-01-10 |
Secretary of state to pass upon sufficiency of petitions ‑ Method ‑ Time limit |
| 16.1-01-11 |
Certain questions not to be voted upon for three months |
| 16.1-01-12 |
Election offenses ‑ Penalty |
| 16.1-01-13 |
Term limits for United States senators and representatives in Congress |
| 16.1-01-13.1 |
Term limits for United States senators and representatives in Congress (Contingent effective date - See note) |
| 16.1-01-14 |
Statement of intent |
| 16.1-01-15 |
Secretary of state to establish and maintain an election fund |
| 16.1-01-15.1 |
Use of nonpublic funds prohibited ‑ Penalty |
| 16.1-01-16 |
Secretary of state to establish a uniform state‑based administrative complaint procedure |
| 16.1-01-17 |
Estimated fiscal impact of an initiated or referred measure |
| 16.1-01-18 |
Secretary of state to distribute information to qualified electors regarding ballot measures (Expired effective July 1, 2027) |
Chapter 16.1-02 - Central Voter File
| Section |
Section Name |
| 16.1-02-01 |
Permanent central voter file |
| 16.1-02-02 |
Costs of creating and maintaining a central voter file |
| 16.1-02-03 |
Secretary of state to establish the central voter file with department of transportation and county auditors |
| 16.1-02-04 |
Precinct boundaries changed ‑ Change to the central voter file |
| 16.1-02-05 |
Entry of new voters into the central voter file ‑ Query of the central voter file for double voting ‑ Postelection verification |
| 16.1-02-06 |
Reporting deceased individuals and changes of names ‑ Changes to records in the central voter file |
| 16.1-02-07 |
Reporting changes of names ‑ Changes to records in the central voter file |
| 16.1-02-08 |
Reporting incarcerations ‑ Changes to records in the central voter file |
| 16.1-02-08.1 |
Reporting incarcerations - Changes to records in the central voter file |
| 16.1-02-09 |
Department of transportation to report updates to the secretary of state |
| 16.1-02-10 |
Posting voting history ‑ Failure to vote ‑ Individuals designated inactive |
| 16.1-02-11 |
Secretary of state may adopt rules for the purpose of maintaining the central voter file |
| 16.1-02-12 |
Information contained and maintained in the central voter file |
| 16.1-02-13 |
Information contained in pollbooks generated from the central voter file |
| 16.1-02-14 |
Voter lists and reports to be made available for jury management |
| 16.1-02-15 |
Voter lists and reports may be made available for election‑related purposes ‑ Funds received |
| 16.1-02-15.1 |
Voter lists and reports ‑ Availability for voter list maintenance |
| 16.1-02-16 |
Violations ‑ Penalties |
Chapter 16.1-03 - Party Committee Organization
| Section |
Section Name |
| 16.1-03-01 |
Party caucus ‑ Time and manner of holding ‑ Caucus call ‑ Notice |
| 16.1-03-02 |
Who may participate in and vote at caucus |
| 16.1-03-03 |
Political parties may elect committeemen |
| 16.1-03-04 |
Candidates elected at caucus ‑ Tie vote ‑ Canvassing vote |
| 16.1-03-05 |
Vacancies in office of precinct committeeman ‑ Filling |
| 16.1-03-06 |
District committee of political party ‑ How constituted |
| 16.1-03-07 |
Meeting of district committee ‑ Organization |
| 16.1-03-08 |
State committee ‑ Membership |
| 16.1-03-09 |
Proxies permissible ‑ Exception |
| 16.1-03-10 |
Member of committee to be qualified elector ‑ Term of member |
| 16.1-03-11 |
State committee ‑ Meetings ‑ Organization |
| 16.1-03-12 |
Meeting of district committee to elect delegates to state party convention ‑ Optional precinct caucus ‑ Proxies |
| 16.1-03-13 |
When state party convention held |
| 16.1-03-14 |
State party convention |
| 16.1-03-15 |
Expenses of delegates to national conventions |
| 16.1-03-16 |
Filling vacancy occurring in office of national committeeman or committeewoman |
| 16.1-03-17 |
Political party reorganization after redistricting |
| 16.1-03-18 |
Unfair and corrupt election practices applicable to chapter |
| 16.1-03-19 |
Organizations allowed to nominate statewide and legislative candidates |
| 16.1-03-20 |
Political parties may conduct presidential preference caucuses |
| 16.1-03-21 |
Organizations allowed to nominate statewide and legislative candidates |
| 16.1-03-22 |
Liability of officers and members |
Chapter 16.1-04 - Precincts and Voting Places
| Section |
Section Name |
| 16.1-04-01 |
Precincts ‑ Duties and responsibilities of the board of county commissioners or the governing body of the city |
| 16.1-04-02 |
Polling places ‑ Duties and responsibilities of the board of county commissioners or the governing body of the city |
| 16.1-04-03 |
Time limitations |
Chapter 16.1-05 - Election Officers
| Section |
Section Name |
| 16.1-05-01 |
Election officers |
| 16.1-05-02 |
Qualifications of members of the board of election ‑ Oath of office |
| 16.1-05-03 |
Secretary of state and county auditors to distribute election information ‑ County auditor to provide instruction |
| 16.1-05-04 |
Duties of the members of the election board during polling hours |
| 16.1-05-05 |
Compensation of election officers |
| 16.1-05-06 |
Challenging right to vote ‑ Identification or affidavit required ‑ Penalty for false swearing ‑ Optional poll checkers |
| 16.1-05-07 |
Poll clerks to check identification and verify eligibility ‑ Poll clerks to request, correct, and update incorrect information contained in the pollbook |
| 16.1-05-08 |
County auditor to provide election board members with precinct maps or precinct finder |
| 16.1-05-09 |
Election observers |
Chapter 16.1-06 - Ballots - Voting Machines - Electronic Voting Systems
| Section |
Section Name |
| 16.1-06-01 |
Ballots furnished at public expense ‑ Exceptions |
| 16.1-06-02 |
Ballots prepared by county auditor or local official ‑ Penalty |
| 16.1-06-03 |
Official ballots only to be used |
| 16.1-06-04 |
Form and quality of ballots generally |
| 16.1-06-05 |
Form of general election ballot |
| 16.1-06-06 |
General election ballots for persons authorized to vote for presidential electors only ‑ Prepared separately ‑ General law governs |
| 16.1-06-07 |
Arrangement of names on ballot for presidential electors |
| 16.1-06-07.1 |
Arrangement of names on ballot ‑ Presidential electors |
| 16.1-06-08 |
No‑party ballot at general elections ‑ Contents ‑ Delivered to elector |
| 16.1-06-09 |
Constitutional amendments and initiated and referred measures ‑ Manner of stating question ‑ Fiscal impact statement ‑ Explanation of effect of vote ‑ Order of listing |
| 16.1-06-09.1 |
Constitutional amendments ‑ Statement of intent |
| 16.1-06-10 |
Voting machines authorized |
| 16.1-06-10.1 |
Electronic counting machines authorized ‑ Sharing of machines |
| 16.1-06-11 |
Voting systems authorized |
| 16.1-06-12 |
Definitions |
| 16.1-06-13 |
Requirements for voting machines |
| 16.1-06-14 |
Requirements for voting systems |
| 16.1-06-15 |
Mandatory testing of voting systems before each election and after tabulation of ballots |
| 16.1-06-16 |
County auditor to provide and distribute ballots ‑ Other election supplies delivered at same time |
| 16.1-06-17 |
County auditor to provide ballots and other voting system supplies |
| 16.1-06-18 |
Delivery of ballots |
| 16.1-06-19 |
Instructions, advertisements, maps, and ballots posted in polling places |
| 16.1-06-20 |
Election inspector and judges to display material and provide instruction |
| 16.1-06-21 |
Pollbooks delivered by county auditor ‑ Contents ‑ Inspector of elections to deliver |
| 16.1-06-22 |
County to provide ballot boxes |
| 16.1-06-23 |
Secretary of state to send instructions to county auditor to make returns |
| 16.1-06-24 |
Voting machines ‑ Violations ‑ Penalty |
| 16.1-06-25 |
Voting systems ‑ Violations ‑ Penalty |
| 16.1-06-26 |
Secretary of state to adopt rules for the purpose of certifying and decertifying voting systems |
Chapter 16.1-07 - Absent Voters' Ballots and Absentee Voting
| Section |
Section Name |
| 16.1-07-01 |
Absent voter |
| 16.1-07-02 |
Elector may vote before leaving ‑ No voting in person upon return |
| 16.1-07-03 |
Preparation and printing of ballots |
| 16.1-07-04 |
When ballots furnished proper officials |
| 16.1-07-05 |
Time for applying for ballot ‑ Emergency situations ‑ Sufficient time for application and ballot return |
| 16.1-07-06 |
Application form |
| 16.1-07-07 |
Delivering application form for ballot |
| 16.1-07-08 |
Delivering ballots ‑ Envelopes accompanying ‑ Affidavit on envelope ‑ Challenging electors voting by absentee ballot ‑ Inability of elector to sign name |
| 16.1-07-08.1 |
Procedures for voting with special write‑in or federal write‑in absentee ballot |
| 16.1-07-09 |
Canvassing of mailed absent voter's ballot received late |
| 16.1-07-10 |
Care and custody of ballot ‑ Submitted ballot may not be returned |
| 16.1-07-11 |
Submitting ballot to inspector of elections |
| 16.1-07-12 |
Opening ballot ‑ Voting or rejecting ‑ Depositing in ballot box ‑ Preserving |
| 16.1-07-12.1 |
Absentee ballot precinct ‑ Election board appointment ‑ Ballot counting |
| 16.1-07-13 |
Registration of absent voters' ballots on electronic voting systems |
| 16.1-07-13.1 |
Signature mismatch ‑ Verification of signatures |
| 16.1-07-14 |
Penalty |
| 16.1-07-15 |
Early voting precinct ‑ Election board appointment ‑ Closing and canvassing |
| 16.1-07-16 |
Secretary of state to provide information regarding absentee voting for military and overseas voters |
| 16.1-07-17 |
Notification of rejected absentee ballots cast by military and overseas voters |
| 16.1-07-18 |
Definitions |
| 16.1-07-19 |
Elections covered |
| 16.1-07-20 |
Role of secretary of state |
| 16.1-07-21 |
Methods of applying for military‑overseas ballot |
| 16.1-07-22 |
Timeliness and scope of application for military‑overseas ballot |
| 16.1-07-23 |
Transmission of unvoted ballots |
| 16.1-07-24 |
Timely casting of ballot |
| 16.1-07-25 |
Federal write‑in absentee ballot |
| 16.1-07-26 |
Receipt of voted ballot |
| 16.1-07-27 |
Declaration |
| 16.1-07-28 |
Confirmation of receipt of application and voted ballot |
| 16.1-07-29 |
Use of voter's electronic mail address |
| 16.1-07-30 |
Publication of election notice |
| 16.1-07-31 |
Prohibition of nonessential requirements |
| 16.1-07-32 |
Issuance of injunction or other equitable relief |
| 16.1-07-33 |
Relation to Electronic Signatures in Global and National Commerce Act |
| 16.1-07-34 |
Emergency procedures to facilitate absentee voting |
Chapter 16.1-08 - Campaign Contributions [Repealed]
Chapter 16.1-08.1 - Campaign Contribution Statements
| Section |
Section Name |
| 16.1-08.1-01 |
Definitions |
| 16.1-08.1-02 |
Contributions statement required of candidate committees, candidates, and candidates for legislative office |
| 16.1-08.1-02.1 |
State political party convention revenue and expense statement required |
| 16.1-08.1-02.2 |
State political party building fund statement required |
| 16.1-08.1-02.3 |
Pre‑election, supplemental, and year‑end campaign disclosure statement requirements for candidates, candidate committees, multicandidate committees, and nonstatewide political parties |
| 16.1-08.1-02.4 |
Pre‑election, supplemental, and year‑end campaign disclosure statement requirements for statewide political parties and certain political committees |
| 16.1-08.1-03 |
Contributions statement required of political parties |
| 16.1-08.1-03.1 |
Special requirements for statements required of persons engaged in activities regarding ballot measures |
| 16.1-08.1-03.2 |
Political committee and candidate registration |
| 16.1-08.1-03.3 |
Campaign contributions by corporations, cooperative corporations, limited liability companies, affiliates, subsidiaries, and associations ‑ Violation ‑ Penalty ‑ Political action committees authorized |
| 16.1-08.1-03.4 |
Person not excused from testifying as to violation ‑ Prosecution or penalty waived upon testifying |
| 16.1-08.1-03.5 |
Corporate contributions and expenditures ‑ Statement required |
| 16.1-08.1-03.6 |
Contributions from federal campaign committee accounts or from contributions made to other candidates or former candidates limited |
| 16.1-08.1-03.7 |
Political committees that organize and register according to federal law that make independent expenditures or disbursements to nonfederal candidates, political parties, and political committees |
| 16.1-08.1-03.8 |
Contributions statement required of multicandidate political committees |
| 16.1-08.1-03.9 |
Contribution statements of judicial district candidates or a candidate committee for a judicial district candidate |
| 16.1-08.1-03.10 |
Contribution statements of county office candidates or a candidate committee for a county office candidate |
| 16.1-08.1-03.11 |
Contribution statements of city office candidates or a candidate committee for a city office candidate in cities with a resident population of five thousand or more as determined by the last federal decennial census |
| 16.1-08.1-03.12 |
Contribution statements of incidental committees and other political committees |
| 16.1-08.1-03.13 |
Contribution statements required of initiated or referendum petition sponsoring committees - Statement of petition sponsors |
| 16.1-08.1-03.14 |
Conduit required to provide detailed contribution information to recipient |
| 16.1-08.1-03.15 |
Contributions from and expenditures by foreign nationals prohibited |
| 16.1-08.1-04 |
Supplemental statement required on large contributions received after original statement ‑ Filing time |
| 16.1-08.1-04.1 |
Personal use of contributions prohibited |
| 16.1-08.1-05 |
Audit by secretary of state ‑ Requested audits ‑ Reports |
| 16.1-08.1-06 |
Contributions and expenditure statement requirements |
| 16.1-08.1-06.1 |
Filing officer to charge and collect fees for late filing |
| 16.1-08.1-06.2 |
Secretary of state to provide instructions, make adjustments for inflation, and conduct training |
| 16.1-08.1-07 |
Penalty |
| 16.1-08.1-08 |
Ultimate and true source of funds ‑ Required identification |
Chapter 16.1-09 - Statement of Interests
| Section |
Section Name |
| 16.1-09-01 |
Declaration of policy |
| 16.1-09-02 |
Statement of interests to be filed |
| 16.1-09-03 |
Contents of statement of interests |
| 16.1-09-04 |
Powers and duties of the secretary of state |
| 16.1-09-05 |
Powers and duties of the secretary of state and county and city auditors |
| 16.1-09-06 |
Procedure for enforcement ‑ Investigation by attorney general or state's attorney |
| 16.1-09-07 |
Effect of intentional violation of chapter ‑ Penalty |
Chapter 16.1-10 - Corrupt Practices
| Section |
Section Name |
| 16.1-10-01 |
Corrupt practice ‑ What constitutes |
| 16.1-10-02 |
Use of state or political subdivision services or property for political purposes |
| 16.1-10-03 |
Political badge, button, or insignia at elections |
| 16.1-10-04 |
Publication of false information in political advertisements ‑ Penalty |
| 16.1-10-04.1 |
Certain political advertisements to disclose name of sponsor ‑ Name disclosure requirements |
| 16.1-10-04.2 |
Use of artificial intelligence ‑ Disclosure ‑ Exception ‑ Definition |
| 16.1-10-05 |
Paying owner, editor, publisher, or agent of newspaper to advocate or oppose candidate editorially prohibited |
| 16.1-10-06 |
Electioneering within boundary of an open polling place |
| 16.1-10-06.1 |
Paying for certain election‑related activities prohibited |
| 16.1-10-06.2 |
Sale or distribution at polling place |
| 16.1-10-07 |
Candidate guilty of corrupt practice to vacate nomination of office |
| 16.1-10-08 |
Penalty for violation of chapter |
Chapter 16.1-11 - Nominations for Office - Primary Election
| Section |
Section Name |
| 16.1-11-01 |
Primary election ‑ When held ‑ Nomination of candidates ‑ Nomination for special elections |
| 16.1-11-02 |
Presidential preference contest ‑ Time for holding |
| 16.1-11-02.1 |
Presidential preference contest conduct ‑ Mail ballot election |
| 16.1-11-02.2 |
Presidential preference contest ‑ Requirements |
| 16.1-11-02.3 |
Presidential preference contest ‑ Rules |
| 16.1-11-03 |
Political parties authorized to conduct presidential preference contest |
| 16.1-11-03.1 |
2000 presidential caucus |
| 16.1-11-04 |
Presidential preference contest |
| 16.1-11-05 |
Secretary of state to give notice to county auditor of officers to be nominated |
| 16.1-11-05.1 |
Participation in endorsements for nomination |
| 16.1-11-06 |
State candidate's petition or political party certificate of endorsement required to get name on ballot ‑ Contents ‑ Filing |
| 16.1-11-07 |
Presidential candidates on ballot ‑ Filing time |
| 16.1-11-08 |
Reference to party affiliation in petition and affidavit prohibited for certain offices |
| 16.1-11-09 |
Form of certificate of endorsement |
| 16.1-11-10 |
Applicant's name placed upon ballot ‑ Affidavit to accompany petition |
| 16.1-11-11 |
County candidates' petitions ‑ Filing ‑ Contents |
| 16.1-11-11.1 |
Deadline for placing county and city measures on primary, general, or special election ballots |
| 16.1-11-12 |
Applicant's name placed on ballot |
| 16.1-11-13 |
Filing petition or certificate of endorsement when legislative district composed of more than one county ‑ Certificate of county auditor |
| 16.1-11-14 |
Application by other persons to place name on ballot ‑ Petition ‑ Affidavit |
| 16.1-11-15 |
Nominating petition not to be circulated prior to January first - Special election |
| 16.1-11-16 |
Form of nominating petitions |
| 16.1-11-17 |
Filling vacancy in party primary election ballot permissible ‑ Petition ‑ Affidavit |
| 16.1-11-18 |
Filling vacancy occurring in endorsement or nomination by petition for party office |
| 16.1-11-19 |
Filling vacancy existing on no‑party ballot ‑ Petition required ‑ Time of filing |
| 16.1-11-20 |
Certified list of nominees transmitted to county auditor by secretary of state |
| 16.1-11-21 |
County auditor to publish sample primary election ballot and notice of time and place of election |
| 16.1-11-22 |
Primary election ballot ‑ Form ‑ Voters to vote for candidates of only one political party |
| 16.1-11-23 |
Presidential preference contest ballots |
| 16.1-11-24 |
No‑party primary ballot ‑ Contents |
| 16.1-11-25 |
Preparation, printing, distributing, canvassing, and returning of no‑party ballot |
| 16.1-11-26 |
Order in which names of offices shall appear on ballot |
| 16.1-11-27 |
Arrangement of names on ballots |
| 16.1-11-28 |
Piling, cutting, and blocking ballots |
| 16.1-11-29 |
Preparation of ballot |
| 16.1-11-30 |
Separate section on primary election ballot required for each political party |
| 16.1-11-31 |
Precinct election reports |
| 16.1-11-32 |
Poll lists kept by clerks of elections |
| 16.1-11-33 |
Judges of election to run report of primary election ‑ Contents |
| 16.1-11-34 |
Counting and canvassing of votes in presidential preference contest |
| 16.1-11-35 |
Nominations by write‑in |
| 16.1-11-36 |
Vote required at primary election for nomination |
| 16.1-11-37 |
Vote required for nomination on no‑party ballot ‑ Partisan nominations prohibited |
| 16.1-11-38 |
Tie vote determination |
| 16.1-11-39 |
Individuals nominated in accordance with provisions of chapter eligible as candidates in general election |
| 16.1-11-40 |
Primary election and ballot governed by general election provisions |
Chapter 16.1-11.1 - Mail Ballot Elections
Chapter 16.1-12 - Certificates of Nomination - Vacancies
| Section |
Section Name |
| 16.1-12-01 |
Certificate of nomination ‑ Party and independent |
| 16.1-12-02 |
Certificates of nomination by petition ‑ Form and contents |
| 16.1-12-02.1 |
Applicant's name placed upon ballot ‑ Affidavit to accompany petition |
| 16.1-12-02.2 |
Certificate of candidacy by write‑in candidates |
| 16.1-12-02.3 |
Nominating petition for an independent candidate not to be circulated more than one hundred fifty days before filing time - Special election |
| 16.1-12-03 |
Certificate of nomination to contain only one name ‑ Individual to participate in only one nomination ‑ Exception |
| 16.1-12-04 |
Certificates of nomination ‑ Time and place of filing |
| 16.1-12-05 |
Secretary of state to certify nominations to county auditor ‑ Duty of county auditor |
| 16.1-12-06 |
Individual nominated by more than one party |
| 16.1-12-07 |
If nominee declines ‑ Certificate void |
| 16.1-12-08 |
Vacancy occurring on ballot before election day but after ballots are printed ‑ Stickers used |
| 16.1-12-09 |
Filling vacancy existing on no‑party ballot ‑ Petition required ‑ Time of filing |
| 16.1-12-10 |
Party committee to fill vacancy occurring after nomination for party office |
Chapter 16.1-13 - General Elections
| Section |
Section Name |
| 16.1-13-01 |
Date of general election |
| 16.1-13-02 |
Officers to be elected at general election |
| 16.1-13-03 |
Secretary of state to give notice to county auditor of officers to be elected |
| 16.1-13-04 |
Candidates' names placed on official general election ballot |
| 16.1-13-05 |
Notice of election ‑ Contents ‑ Publication with sample ballot |
| 16.1-13-06 |
Defeated primary candidate ineligible to have name printed on general ballot ‑ Exception |
| 16.1-13-07 |
Preparation, printing, distributing, canvassing, and returning of no‑party ballot |
| 16.1-13-08 |
Filling vacancy in office of United States senator |
| 16.1-13-08.1 |
Special election to fill a vacancy in the United States House of Representatives due to a catastrophic circumstance |
| 16.1-13-08.2 |
Death or disqualification of legislative candidate |
| 16.1-13-09 |
Resignation of members of legislative assembly after certificate of election |
| 16.1-13-10 |
Vacancy existing in office of member of legislative assembly |
| 16.1-13-11 |
Vacancy occurring in legislative assembly during session ‑ Duty of governor |
| 16.1-13-12 |
Notice of special election |
| 16.1-13-13 |
Canvassing and returning votes cast at elections to fill vacancies |
| 16.1-13-14 |
Special election to fill vacancies ‑ Party committee to call convention to nominate ‑ Individual nominations |
| 16.1-13-15 |
Notice of holding convention for special election ‑ Manner of giving |
| 16.1-13-16 |
Basis of representation at convention ‑ How determined |
| 16.1-13-17 |
Certificate of nomination by convention ‑ Contents ‑ Delivery |
| 16.1-13-18 |
Two or more organizations filing certificates representing same party ‑ Secretary of state to determine authorized organization ‑ Review of determination |
| 16.1-13-19 |
Election not to be held in room where alcoholic beverages sold |
| 16.1-13-20 |
Examination of ballot box before opening of polls ‑ Regulations for ballot box while polls are open |
| 16.1-13-21 |
Producing, opening, and delivering ballots on election day |
| 16.1-13-22 |
Delivering ballot to elector ‑ Initialing |
| 16.1-13-23 |
Preparation of ballot by elector ‑ Depositing ‑ Second‑chance voting |
| 16.1-13-24 |
Voting on electronic voting system devices |
| 16.1-13-25 |
Elector may write name on ballot ‑ Counting |
| 16.1-13-26 |
Name written or pasted on ballot evidence of vote without marking X |
| 16.1-13-27 |
Assistance to elector ‑ Polling place accessibility |
| 16.1-13-28 |
Penalty for requesting voter to vote in certain manner |
| 16.1-13-29 |
Election booths or compartments ‑ Number required ‑ Expense |
| 16.1-13-30 |
One individual to occupy booth ‑ Time limit in booth |
| 16.1-13-31 |
Removal of ballot from polling place before closing of polls ‑ Prohibited |
| 16.1-13-32 |
Securing new ballot upon spoiling of others |
| 16.1-13-33 |
Electronic voting systems ‑ Election laws apply |
| 16.1-13-34 |
Voters casting ballots after regular poll closings ‑ Provisional ballots |
| 16.1-13-35 |
Eligibility of new residents to vote for presidential electors |
| 16.1-13-36 |
Eligibility of former residents to vote for presidential electors |
| 16.1-13-37 |
Application for presidential elector ballot by new residents |
| 16.1-13-38 |
Mailing duplicate application for presidential elector ballot |
| 16.1-13-39 |
Filing and indexing applications for presidential elector ballots from other states |
| 16.1-13-40 |
Delivery of presidential elector ballot to applicant |
| 16.1-13-41 |
Voting by new residents for presidential electors |
| 16.1-13-42 |
List of applicants requesting presidential elector ballots open for public inspection |
| 16.1-13-43 |
Delivery and processing of presidential elector ballots of new residents |
| 16.1-13-44 |
Application of other statutes to presidential elector ballots |
Chapter 16.1-14 - Presidential Electors
| Section |
Section Name |
| 16.1-14-01 |
Canvassing votes for presidential electors ‑ Tie vote |
| 16.1-14-02 |
Secretary of state to prepare certificates of election |
| 16.1-14-03 |
Proclamation of result by governor ‑ Publishing ‑ Certificate of election |
| 16.1-14-04 |
Meeting of presidential electors |
| 16.1-14-05 |
Filling of vacancy existing in office of presidential elector |
| 16.1-14-06 |
Compensation of presidential electors |
| 16.1-14-07 |
Board for trial of contest of presidential electors ‑ How constituted ‑ Oath |
| 16.1-14-08 |
Contestant may apply to board |
| 16.1-14-09 |
Application to state grounds of contest |
| 16.1-14-10 |
Notice to individuals contested |
| 16.1-14-11 |
Appearance by parties to contest |
| 16.1-14-12 |
Hearing ‑ How conducted |
| 16.1-14-13 |
Certification of determination of board |
| 16.1-14-14 |
Failure of petitioners to appear ‑ Effect |
| 16.1-14-15 |
Costs ‑ Taxation |
| 16.1-14-16 |
Determination of final hearing |
| 16.1-14-17 |
Mileage and per diem of board members |
| 16.1-14-18 |
Eligibility of new residents to vote |
| 16.1-14-19 |
Eligibility of former residents to vote |
| 16.1-14-20 |
Application for presidential ballot by new residents |
| 16.1-14-21 |
Mailing duplicate application |
| 16.1-14-22 |
Filing and indexing information from other states |
| 16.1-14-23 |
Delivery of ballot to applicant |
| 16.1-14-24 |
Voting by new residents |
| 16.1-14-25 |
List of applicants open for public inspection |
| 16.1-14-26 |
Delivery and processing of presidential elector ballots |
| 16.1-14-27 |
Application of other statutes |
| 16.1-14-28 |
Definition of state |
Chapter 16.1-14.1 - Uniform Faithful Presidential Electors Act
Chapter 16.1-15 - Canvass of Votes - Canvassing Boards
| Section |
Section Name |
| 16.1-15-01 |
Ballots void and not counted ‑ Part of ballot may be counted |
| 16.1-15-01.1 |
Counting write‑in votes |
| 16.1-15-02 |
Board of election to generate canvass reports ‑ Location ‑ Public may attend |
| 16.1-15-02.1 |
Alternative method for canvassing election for counties using or sharing electronic voting systems or electronic counting machines ‑ County resolution board |
| 16.1-15-03 |
Manner of canvassing election |
| 16.1-15-04 |
Canvass report prepared by election board for county auditor |
| 16.1-15-05 |
Oath required of members of election board upon completion of canvass ‑ Contents |
| 16.1-15-06 |
Canvass report and pollbooks sent to county auditor ‑ Compensation for making returns |
| 16.1-15-07 |
County auditor not to refuse election returns if delivered in undirected manner ‑ Informality in holding election |
| 16.1-15-08 |
Wrapping and returning of ballots to county recorder ‑ Ballots set aside to election official administering the election |
| 16.1-15-09 |
Voting systems ‑ Returns |
| 16.1-15-10 |
Failure of voting system ‑ Counting by alternate method |
| 16.1-15-11 |
Locking and examination of voting machines ‑ Tally of voting machine votes ‑ Certification to district judge or clerk of district court |
| 16.1-15-12 |
Care and custody of ballot boxes and voting machines |
| 16.1-15-13 |
County recorder to keep ballots ‑ Exception ‑ Use of ballots as evidence |
| 16.1-15-14 |
Failure to comply with formalities not to invalidate election ‑ Evidence of compliance |
| 16.1-15-15 |
County canvassing board ‑ Composition |
| 16.1-15-16 |
Qualifications of members of canvassing board ‑ Replacements ‑ Quorum |
| 16.1-15-17 |
Time of county canvassing board meeting ‑ Oath required ‑ Reconsideration of canvass |
| 16.1-15-18 |
Compensation as members of board |
| 16.1-15-19 |
County canvassing board to disregard technicalities, misspelling, and abbreviations ‑ Ballots set aside ‑ Write‑in votes canvassed ‑ Votes from unestablished polling places disregarded |
| 16.1-15-20 |
County canvassing board may subpoena members of election board to correct errors ‑ Failure to obey subpoena is a contempt |
| 16.1-15-21 |
Primary election statement prepared by county canvassing board ‑ Contents |
| 16.1-15-22 |
County auditor to transmit abstract of votes to secretary of state after primary election |
| 16.1-15-23 |
Notice of nomination given candidate for county office by county auditor ‑ Publication of findings of canvassing board |
| 16.1-15-24 |
Abstracts of votes of general election made by county canvassing board ‑ Contents |
| 16.1-15-25 |
County auditor to forward abstract of votes of general election to secretary of state ‑ Contents ‑ Abstract for presidential electors |
| 16.1-15-26 |
Notification of date of receiving returns in secretary of state's office |
| 16.1-15-27 |
Abstract of votes ‑ Secretary of state to record ‑ Failure of county auditor to send ‑ Messenger dispatched |
| 16.1-15-28 |
Certificate of election for officers elected in county at general election |
| 16.1-15-29 |
Determining tie vote in county offices |
| 16.1-15-30 |
Determining tie vote for legislative assembly |
| 16.1-15-31 |
County auditor to make certificate for payment of election officials ‑ Payment |
| 16.1-15-32 |
County auditor to publish returns of election |
| 16.1-15-33 |
State canvassing board ‑ Membership ‑ Oath ‑ Quorum ‑ Compensation |
| 16.1-15-34 |
Member of state canvassing board ‑ When disqualified |
| 16.1-15-35 |
Meeting of state canvassing board |
| 16.1-15-36 |
Returns to be canvassed by state canvassing board |
| 16.1-15-37 |
Examination of abstracts by state canvassing board ‑ Messenger dispatched to county when error discovered |
| 16.1-15-38 |
Adjournment of state canvassing board |
| 16.1-15-39 |
Disagreements in canvassing returns by canvassing board ‑ Disregarding technicalities, misspelled words, and abbreviations |
| 16.1-15-40 |
Abstract prepared by state canvassing board for primary election ‑ Contents ‑ Signing ‑ Candidate notified of nomination |
| 16.1-15-41 |
Statements of general or special election prepared by state canvassing board ‑ Contents |
| 16.1-15-42 |
Certificate of result of general or special election by state canvassing board ‑ Secretary of state to receive |
| 16.1-15-43 |
When special election ordered |
| 16.1-15-44 |
Secretary of state to record statement of general or special election, prepare certificates of election, publish abstract |
| 16.1-15-45 |
Form of certificate of election for state officers ‑ Signatures |
| 16.1-15-46 |
Members of legislative assembly to receive certificates of election |
| 16.1-15-47 |
Certificate of election to member of Congress ‑ Signing ‑ Delivering |
| 16.1-15-48 |
Canvassing returns of constitutional amendment or other proposition ‑ Certified abstract of result ‑ Contents |
| 16.1-15-49 |
Certified statement and determination of results of constitutional amendments and propositions recorded by secretary of state ‑ Publishing |
Chapter 16.1-16 - Recounts and Contest of Elections
| Section |
Section Name |
| 16.1-16-01 |
Election recounts |
| 16.1-16-02 |
Who may contest election |
| 16.1-16-03 |
Commencement of action ‑ Parties ‑ Status of contestee |
| 16.1-16-04 |
Time for commencement of action |
| 16.1-16-05 |
Grounds for election contest |
| 16.1-16-06 |
Election contest to be tried as civil action ‑ Precedence on court calendar |
| 16.1-16-07 |
Contest involving irregularity of ballots ‑ Preservation of ballots |
| 16.1-16-08 |
Judgment in election contest action |
| 16.1-16-09 |
Appeal of election contest judgment |
| 16.1-16-10 |
Legislative contest of election |
| 16.1-16-11 |
Answer to legislative statement of contest |
| 16.1-16-12 |
Depositions ‑ Subpoenas ‑ Time limits |
| 16.1-16-13 |
Preservation of ballots |
| 16.1-16-14 |
Testimony and records filed with secretary of state ‑ Secretary of state to deliver to presiding officer |
| 16.1-16-15 |
Determination of contest ‑ Certificate of election |
| 16.1-16-16 |
Fees of officers and witnesses |
| 16.1-16-17 |
Payment for prosecuting or defending legislative election contest prohibited |
Title 17 - Energy
Chapter 17-01 - 25x'25 Initiative
| Section |
Section Name |
| 17-01-01 |
Low‑emission technology |
Chapter 17-02 - Ethanol Production Incentives [Repealed]
Chapter 17-03 - Biodiesel Partnership in Assisting Community Expansion
| Section |
Section Name |
| 17-03-01 |
Definitions |
| 17-03-02 |
Biofuel partnership in assisting community expansion fund ‑ Continuing appropriation ‑ Administration |
| 17-03-03 |
Fund ‑ Purpose ‑ Interest rate buydown |
| 17-03-04 |
Fund moneys ‑ Eligible uses |
| 17-03-05 |
Partnership in assisting community expansion fund incentive limitation |
Chapter 17-04 - Wind Energy Property Rights
| Section |
Section Name |
| 17-04-01 |
Wind option agreement ‑ Definition ‑ Termination |
| 17-04-02 |
Wind easement ‑ Definition |
| 17-04-03 |
Wind easements ‑ Creation ‑ Term ‑ Development required |
| 17-04-04 |
Severance of wind energy rights limited |
| 17-04-05 |
Wind energy leases ‑ Termination |
| 17-04-06 |
Requirements for wind easements and wind energy leases |
| 17-04-07 |
Wind energy facility liens |
Chapter 17-05 - Transmission Authority
Chapter 17-06 - Ethanol Council
Chapter 17-07 - Energy Policy Commission [Repealed]
Chapter 17-08 - Biodiesel Blender Pump Incentives [Expired]
Chapter 17-09 - Biofuel Blender Pump Incentives [Expired]
Title 18 - Fires
Chapter 18-01 - State Fire Marshal Department
| Section |
Section Name |
| 18-01-01 |
Appointment of state fire marshal ‑ Appointment and salaries of deputies and assistants ‑ Budget |
| 18-01-02 |
Duties of state fire marshal and deputy state fire marshals |
| 18-01-03 |
Deputy state fire marshal to assist state fire marshal ‑ Duties when state fire marshal absent |
| 18-01-03.1 |
Inspections ‑ Department of health and human services ‑ Education |
| 18-01-03.2 |
Delegation of authority |
| 18-01-04 |
Rules for prevention of fires to be issued |
| 18-01-04.1 |
Educational programs ‑ Provided by state fire marshal |
| 18-01-05 |
Insurance companies to report fire losses to state fire marshal |
| 18-01-05.1 |
Disclosure of information ‑ Immunity ‑ Confidentiality |
| 18-01-06 |
Fire chiefs and auditors or secretaries of cities and rural fire protection districts must report fires |
| 18-01-07 |
State fire marshal may direct investigation ‑ Report of investigation ‑ Records in state fire marshal's office |
| 18-01-08 |
Compensation of fire chiefs and executive officers of municipalities for reporting to state fire marshal |
| 18-01-09 |
Investigation by state fire marshal ‑ Complaint to bureau of criminal investigation ‑ Records of arson prosecutions |
| 18-01-10 |
State fire marshal and deputies may subpoena witnesses and records ‑ Witness fees ‑ Oaths ‑ Certificates |
| 18-01-11 |
Refusal of witness at state fire marshal's investigation to testify, produce records, or obey order ‑ Penalty |
| 18-01-12 |
Testifying falsely at investigation of state fire marshal is perjury |
| 18-01-13 |
Interfering with state fire marshal or deputies ‑ Penalty |
| 18-01-14 |
Abatement of fire hazards |
| 18-01-15 |
Abatement of conditions dangerous to persons ‑ Order ‑ Failure to comply ‑ Penalty |
| 18-01-16 |
Order of abatement ‑ To whom directed ‑ Contents ‑ How served ‑ Service by publication |
| 18-01-17 |
Appeal to state fire marshal from abatement order ‑ Record made by state fire marshal |
| 18-01-18 |
Appeal from abatement order of state fire marshal |
| 18-01-19 |
Noncompliance with order of abatement ‑ Court proceeding ‑ Title |
| 18-01-20 |
Service of order and notice ‑ Contents of notice ‑ Additional parties ‑ Duty of insurance commissioner |
| 18-01-21 |
Service of abatement order and notice by publication ‑ Affidavit ‑ Order |
| 18-01-22 |
Appearance in court proceeding by parties in interest |
| 18-01-23 |
Time of hearing in district court ‑ Notice to parties who have appeared |
| 18-01-24 |
Hearing in district court |
| 18-01-25 |
Conclusiveness of abatement order or of judgment on appeal therefrom |
| 18-01-26 |
Judgment of district court and contents |
| 18-01-27 |
Costs and disbursements ‑ Enforcing order ‑ Lien of costs ‑ Payment of sheriff's fees |
| 18-01-28 |
Records in state fire marshal department open to inspection ‑ Exception |
| 18-01-29 |
Biennial report |
| 18-01-30 |
State's attorneys to assist state fire marshal |
| 18-01-31 |
Compensation of officers performing services for state fire marshal department |
| 18-01-32 |
Violation of duty by officers ‑ Penalty |
| 18-01-33 |
State fire marshal may adopt rules for explosives ‑ Penalty |
| 18-01-34 |
Disclosure of information concerning toxic or hazardous substances ‑ List to state fire marshal and local fire departments ‑ Exceptions ‑ Availability of information restricted ‑ Penalty |
| 18-01-35 |
Fire and tornado fund fees |
| 18-01-36 |
Petroleum release compensation fund fees |
Chapter 18-02 - Forest Fire Wardens
| Section |
Section Name |
| 18-02-01 |
Forest fire wardens in organized township |
| 18-02-02 |
Forest fire wardens in unorganized township |
| 18-02-03 |
Powers and duties of forest fire wardens |
| 18-02-04 |
Compensation |
| 18-02-05 |
Authority of state forester |
| 18-02-06 |
Forest fires defined |
| 18-02-07 |
Cooperation of state forester and other agencies ‑ Fire and forest protection |
| 18-02-08 |
Designation of forest protection districts |
| 18-02-09 |
Powers of rangers, wardens, and deputies |
Chapter 18-03 - Firefighter's Association
| Section |
Section Name |
| 18-03-01 |
North Dakota firefighter's association ‑ How constituted |
| 18-03-01.1 |
North Dakota firefighter's association ‑ Duties and authority |
| 18-03-02 |
Fire schools |
| 18-03-03 |
Association to report to office of management and budget time and place of school and name of treasurer |
| 18-03-04 |
Association to furnish bond |
| 18-03-05 |
Statement of desired appropriation submitted to state fire marshal |
| 18-03-06 |
Director of the budget to prepare estimate for firefighter's association |
| 18-03-07 |
Insurance commissioner to pay sum appropriated to association |
| 18-03-08 |
Report of use of money |
| 18-03-09 |
Volunteer firemen exempt from poll tax ‑ Duty of secretary of department |
Chapter 18-04 - Distribution of Insurance Tax to Fire Departments
| Section |
Section Name |
| 18-04-01 |
Eligibility for participation in fund created from premium tax on fire insurance companies |
| 18-04-02 |
City auditor or secretary of rural fire department to file certificate with state fire marshal and insurance commissioner - Report to budget section |
| 18-04-03 |
Failure to file certificate deemed waiver ‑ Exception |
| 18-04-04 |
Insurance companies to report fire, allied lines, homeowner's multiple peril, farmowner's multiple peril, commercial multiple peril, and crop hail insurance premium collections ‑ Form furnished by insurance commissioner |
| 18-04-04.1 |
Insurance tax distribution fund |
| 18-04-05 |
Amount due cities, rural fire protection districts, or rural fire departments ‑ Transfer to firefighters death benefit fund ‑ Disbursement to North Dakota firefighter's association ‑ Payments by insurance commissioner ‑ Continuing appropriation |
| 18-04-06 |
Office of management and budget to issue warrants on state treasurer for benefits |
| 18-04-07 |
Disbursement of fund by city auditor |
| 18-04-08 |
Notification of municipalities entitled to benefits |
Chapter 18-05 - Firefighters Relief Association and Pension Fund
| Section |
Section Name |
| 18-05-01 |
Firefighters relief association ‑ Where it may be organized |
| 18-05-02 |
Control of funds ‑ Derivation of funds |
| 18-05-03 |
Treasurer of relief association to furnish bond |
| 18-05-04 |
Apportioning insurance tax received by city, rural fire department, or rural fire protection district |
| 18-05-05 |
Disbursement of money received by treasurer of firefighters relief association |
| 18-05-06 |
Service pension ‑ Who may receive ‑ Recipient entitled to no further relief from association |
| 18-05-07 |
Eligibility for service pension may be acquired by paying back assessments |
| 18-05-08 |
Pensions to be uniform ‑ Reduction or increase in pensions authorized |
| 18-05-09 |
Who deemed firefighter |
| 18-05-10 |
Qualifications as to age inapplicable to pension for disability |
| 18-05-11 |
Money received under pension not subject to legal process ‑ Assignments |
| 18-05-12 |
Secretary and treasurer of firefighters relief association to prepare report ‑ Contents ‑ Filing |
| 18-05-13 |
Audit of books of relief association ‑ Report of unauthorized spending to governor ‑ Duty of governor |
Chapter 18-05.1 - Firefighters Death Benefits
| Section |
Section Name |
| 18-05.1-01 |
Payments to deceased firefighter's survivor |
| 18-05.1-02 |
Payments from firefighters death benefit fund |
| 18-05.1-03 |
Definitions |
Chapter 18-06 - Firefighting Equipment
| Section |
Section Name |
| 18-06-01 |
Township may purchase fire equipment ‑ Election |
| 18-06-02 |
Notice of election |
| 18-06-03 |
Equipment must be purchased on competitive bids ‑ Paid for out of general fund |
| 18-06-04 |
Two or more townships may purchase fire equipment jointly |
| 18-06-05 |
Equipment purchased jointly ‑ Each board of supervisors to authorize clerk to advertise for bids |
| 18-06-06 |
Petition for tax levy for fire protection in unincorporated villages ‑ Tax levy made |
| 18-06-07 |
Certification of amount of taxes levied ‑ County auditor to fix rate ‑ Extension |
| 18-06-08 |
Collection and payment of taxes ‑ Separate account kept by township treasurer |
| 18-06-09 |
Expenditures from funds ‑ Payments made by warrants |
| 18-06-10 |
Township may contract for prevention and extinguishment of fires |
| 18-06-11 |
Contracts for fire protection in unorganized townships ‑ Mill levy |
Chapter 18-07 - Firebreaks in Counties
| Section |
Section Name |
| 18-07-01 |
Petition to board of county commissioners to establish firebreaks ‑ Tax levied |
| 18-07-02 |
Board of county commissioners to divide county into fire districts |
| 18-07-03 |
Board of county commissioners to appoint fire wardens ‑ Compensation ‑ Oath ‑ Bond |
| 18-07-04 |
Fire warden to make firebreaks ‑ When made |
| 18-07-05 |
Legal firebreak defined |
| 18-07-06 |
When prairie may be set on fire to make firebreak |
| 18-07-07 |
Board of county commissioners may provide tools to make firebreak |
Chapter 18-08 - General Provisions
| Section |
Section Name |
| 18-08-01 |
Penalty for setting prairie fire |
| 18-08-02 |
Burning grass or stubble |
| 18-08-03 |
Liability when lawfully set fire is permitted to spread |
| 18-08-04 |
Accidental damage from lawfully set fire ‑ Liability |
| 18-08-05 |
Setting fire to destroy grasshoppers lawful |
| 18-08-06 |
Liability for unlawfully setting fire to destroy grasshoppers ‑ Penalty for carelessness and negligence |
| 18-08-07 |
Penalty for failure to extinguish camp or other fire |
| 18-08-08 |
Occupant may recover damages caused by fire |
| 18-08-09 |
Misconduct at fires ‑ Penalty |
| 18-08-10 |
Prohibiting sale, distribution, and possession of fire extinguishers containing certain toxic and poisonous vaporizing liquids |
| 18-08-11 |
Penalty |
| 18-08-12 |
Periodic fire inspection of state buildings and institutions |
Chapter 18-09 - Liquefied Petroleum Gas Regulation
| Section |
Section Name |
| 18-09-01 |
Liquefied petroleum gas defined |
| 18-09-02 |
State fire marshal to make rules |
| 18-09-02.1 |
Liquefied petroleum gas furnace or other appliance permitted in residential or commercial building |
| 18-09-03 |
Penalty |
| 18-09-04 |
Abatement |
Chapter 18-10 - Rural Fire Protection Districts
| Section |
Section Name |
| 18-10-01 |
Petition for establishment |
| 18-10-02 |
Petition ‑ Hearing ‑ Order |
| 18-10-03 |
Notice of hearing |
| 18-10-04 |
Organization ‑ Board of directors |
| 18-10-05 |
Regular meeting to be held |
| 18-10-06 |
Powers of board of directors |
| 18-10-06.1 |
Development of firebreaks |
| 18-10-07 |
Fire protection policy to be determined ‑ Financial report ‑ Tax levy limit - Vote-approved levy authority |
| 18-10-08 |
Indebtedness of district limited |
| 18-10-09 |
Funds collected to be deposited |
| 18-10-10 |
Rural fire department may enter into contract ‑ Power of state and local government agencies to make contract ‑ Reimbursement |
| 18-10-11 |
Territory to be annexed |
| 18-10-12 |
Boundaries of rural fire protection district |
| 18-10-12.1 |
Withdrawal from rural fire protection district |
| 18-10-13 |
County auditor to set date for hearing |
| 18-10-14 |
Rate of tax fixed |
| 18-10-15 |
Payments by certain organizations |
| 18-10-16 |
State fire marshal to establish rural routing systems |
| 18-10-17 |
Rural fire protection district ‑ Civil immunity |
Chapter 18-11 - Alternate Firefighters Relief Association Plan
| Section |
Section Name |
| 18-11-01 |
Alternate firefighters relief association plan |
| 18-11-02 |
Operation of association |
| 18-11-03 |
Firefighter defined |
| 18-11-04 |
Accrued rights not destroyed by plan ‑ Transfer of funds ‑ Records |
| 18-11-05 |
Application for membership |
| 18-11-06 |
Association may deny membership to mentally, physically unsound |
| 18-11-07 |
Officers |
| 18-11-08 |
Report of receipts and expenditures regarding state funds to be filed with state and city auditor |
| 18-11-09 |
Apportioning insurance tax |
| 18-11-10 |
Additional city firefighters relief fund contributions |
| 18-11-11 |
Levy proceeds |
| 18-11-12 |
Contribution by firefighters |
| 18-11-13 |
Association state fund ‑ Expenditures ‑ Investment |
| 18-11-14 |
Disbursement of moneys from association state fund |
| 18-11-15 |
Service pensions ‑ Qualifications |
| 18-11-15.1 |
Purchase of legislative service credit |
| 18-11-16 |
Disability pensions ‑ Qualifications |
| 18-11-17 |
Pensions to surviving spouses and children of deceased members |
| 18-11-18 |
Reduction in benefits if funds not sufficient |
| 18-11-19 |
Fund based upon actuarial tables ‑ Treatment of forfeitures |
| 18-11-20 |
Members withdrawing from association ‑ Members in military service |
| 18-11-21 |
Money received under pension not subject to legal process ‑ Assignments |
| 18-11-22 |
Examination of relief association records ‑ Report of unauthorized spending to governor ‑ Duty of governor |
| 18-11-23 |
Funeral benefits |
| 18-11-24 |
Commencement of benefits |
| 18-11-25 |
Vesting on plan termination |
| 18-11-26 |
Service pensions ‑ Formulation of optional plan |
| 18-11-27 |
Optional plan postretirement adjustments |
| 18-11-28 |
Service, disability, and survivor pensions ‑ Formulation of optional plan |
Chapter 18-12 - Fire Prevention Code for School Buildings
Chapter 18-13 - Ignition Propensity for Cigarettes
| Section |
Section Name |
| 18-13-01 |
Definitions (Contingent expiration date ‑ See note) |
| 18-13-02 |
Test method and performance standard ‑ Penalty (Contingent expiration date ‑ See note) |
| 18-13-03 |
Certification and product change (Contingent expiration date ‑ See note) |
| 18-13-04 |
Marking of cigarette packaging (Contingent expiration date ‑ See note) |
| 18-13-05 |
Penalties (Contingent expiration date ‑ See note) |
| 18-13-06 |
Implementation (Contingent expiration date ‑ See note) |
| 18-13-07 |
Inspection (Contingent expiration date ‑ See note) |
| 18-13-08 |
Fire prevention and public safety fund |
| 18-13-09 |
Sale outside of North Dakota (Contingent expiration date ‑ See note) |
| 18-13-10 |
Local regulation (Contingent expiration date ‑ See note) |
Chapter 18-14 - Interstate Wildland Fire Compact
| Section |
Section Name |
| 18-14-01 |
Interstate compact for the prevention and control of wildland fires |
Title 19 - Foods, Drugs, Oils, and Compounds
Chapter 19-01 - Administration
| Section |
Section Name |
| 19-01-01 |
Definitions of terms used in title |
| 19-01-02 |
Consolidated laboratories branch ‑ Members, duties, meetings |
| 19-01-02.1 |
Legislative intent |
| 19-01-03 |
Director of department ‑ Appointment, bond, oath, salary |
| 19-01-04 |
Assistant director ‑ Qualifications, appointment, bond, salary, duties |
| 19-01-05 |
Sheriff as local inspector ‑ Compensation, duties |
| 19-01-06 |
Offices of department ‑ Employees ‑ Equipment |
| 19-01-07 |
Contract services |
| 19-01-08 |
Expenses ‑ How paid |
| 19-01-09 |
Right of inspection ‑ Penalty |
| 19-01-10 |
Department to make analyses, inspections, and examinations ‑ Report of examination as evidence ‑ Publication of report |
| 19-01-11 |
Possession of prohibited or regulated products, articles, compositions, or things as prima facie evidence |
| 19-01-12 |
Seizure of unlawful products ‑ Search warrant |
| 19-01-13 |
Department may seize unlawful products, articles, compositions, or things without search warrant |
| 19-01-14 |
Service and return of search warrant and proceedings thereon |
| 19-01-15 |
Agent is punishable for violation of any provision of title |
| 19-01-16 |
Enforcement by department ‑ Duty of state's attorney to prosecute |
| 19-01-17 |
Form of license to be issued |
| 19-01-18 |
Duties as to weights and measures |
| 19-01-19 |
Administrative procedure and judicial review |
Chapter 19-02 - Food and Drug Law [Repealed]
Chapter 19-02.1 - North Dakota Food, Drug, and Cosmetic Act
| Section |
Section Name |
| 19-02.1-01 |
Definitions |
| 19-02.1-02 |
Prohibited acts |
| 19-02.1-03 |
Injunction proceedings |
| 19-02.1-04 |
Penalties and guaranty |
| 19-02.1-05 |
Seizure |
| 19-02.1-06 |
Prosecutions ‑ State's attorney |
| 19-02.1-07 |
Minor violations |
| 19-02.1-08 |
Food ‑ Definitions and standards |
| 19-02.1-09 |
Food ‑ Adulteration defined |
| 19-02.1-10 |
Food ‑ Misbranding defined |
| 19-02.1-10.1 |
Eggs ‑ Labeling and temperature rules |
| 19-02.1-11 |
Emergency permit control |
| 19-02.1-12 |
Food ‑ Tolerances for added poisonous ingredients |
| 19-02.1-12.1 |
Misrepresentation of cell-cultured protein as meat food product prohibited |
| 19-02.1-13 |
Drugs and devices ‑ Adulteration defined |
| 19-02.1-14 |
Drugs and devices ‑ Misbranding defined |
| 19-02.1-14.1 |
Definitions ‑ Label of prescription drugs ‑ Selecting and dispensing generic name drugs ‑ Identification of prescription drugs |
| 19-02.1-14.2 |
Maximum allowable cost lists for pharmaceuticals ‑ Pharmacy benefits managers ‑ Penalty |
| 19-02.1-14.3 |
Biosimilar biological products |
| 19-02.1-15 |
Drugs limited to dispensing on prescription |
| 19-02.1-15.1 |
Requirements for dispensing controlled substances and specified drugs ‑ Penalty |
| 19-02.1-16 |
New drugs |
| 19-02.1-16.1 |
Pharmacy claim fees and pharmacy rights - Pharmacy benefits managers - Penalty |
| 19-02.1-16.2 |
Specialty pharmacy services and patient access to pharmaceuticals - Pharmacy benefits managers - Penalty |
| 19-02.1-16.3 |
Pharmacy benefits managers ‑ Step therapy protocols ‑ Limitations |
| 19-02.1-16.4 |
Mail order and home delivery ‑ Prior consent ‑ Refund |
| 19-02.1-16.5 |
Pharmacy benefits managers ‑ Prohibition on discrimination ‑ Penalty |
| 19-02.1-16.6 |
Clinician-administered drugs |
| 19-02.1-17 |
Cosmetics ‑ Adulteration defined |
| 19-02.1-18 |
Cosmetics ‑ Misbranding defined |
| 19-02.1-19 |
False advertising |
| 19-02.1-20 |
Rules |
| 19-02.1-21 |
Inspections ‑ Examinations |
| 19-02.1-22 |
Publicity |
| 19-02.1-23 |
Prohibition against manufacture of drugs ‑ Exceptions |
| 19-02.1-24 |
Sale of prepackaged food from vending machines ‑ License ‑ Rules ‑ Inspections |
| 19-02.1-25 |
Country of origin labels |
| 19-02.1-26 |
Limitation on exemplary damages |
Chapter 19-03 - Narcotics [Repealed]
Chapter 19-03.1 - Uniform Controlled Substances Act
Chapter 19-03.2 - Imitation Controlled Substances
| Section |
Section Name |
| 19-03.2-01 |
Definitions |
| 19-03.2-02 |
Determination of imitation controlled substance |
| 19-03.2-03 |
Prohibited acts ‑ Penalties ‑ Exception |
Chapter 19-03.3 - Controlled Substances for Care and Treatment
| Section |
Section Name |
| 19-03.3-01 |
Definitions |
| 19-03.3-02 |
Prescription or administration of drugs by physician |
| 19-03.3-03 |
Restriction by hospital or health care facility of prescribed drug use prohibited |
| 19-03.3-04 |
Disciplinary action for prescribing or administering drug treatment prohibited |
| 19-03.3-05 |
Application |
| 19-03.3-06 |
Cancellation, revocation, or suspension of physician's license |
Chapter 19-03.4 - Drug Paraphernalia
| Section |
Section Name |
| 19-03.4-01 |
Definition ‑ Drug paraphernalia |
| 19-03.4-02 |
Drug paraphernalia ‑ Guidelines |
| 19-03.4-03 |
Unlawful possession of drug paraphernalia ‑ Penalty |
| 19-03.4-04 |
Unlawful manufacture or delivery of drug paraphernalia ‑ Penalty |
| 19-03.4-05 |
Unlawful delivery of drug paraphernalia to a minor ‑ Penalty |
| 19-03.4-06 |
Unlawful advertisement of drug paraphernalia ‑ Penalty |
| 19-03.4-07 |
Prima facie proof of intent |
| 19-03.4-08 |
Retail or over‑the‑counter sale of scheduled listed chemical products ‑ Penalty |
Chapter 19-03.5 - Prescription Drug Monitoring Program
Chapter 19-03.6 - Pharmacy Records Audits
Chapter 19-04 - Poisons and Deleterious Preparations
| Section |
Section Name |
| 19-04-01 |
Selling certain enumerated poisons regulated ‑ Penalty |
| 19-04-02 |
Chloral hydrate not to be sold without prescription |
| 19-04-03 |
Records to be kept of poisons dispensed ‑ Examination of records ‑ Penalty |
| 19-04-04 |
Distribution of certain drugs and preparations prohibited ‑ Penalty |
| 19-04-05 |
Definitions of terms used in preceding section |
| 19-04-06 |
Preparations a nuisance ‑ May be destroyed |
| 19-04-07 |
Penalty |
| 19-04-08 |
Distribution of anabolic steroids prohibited ‑ Exception ‑ Penalty |
| 19-04-09 |
Distribution of substance or device to defraud urine test prohibited ‑ Penalty |
Chapter 19-05 - Oleomargarine [Repealed]
Chapter 19-05.1 - Food Donated to Charity
| Section |
Section Name |
| 19-05.1-01 |
Definitions |
| 19-05.1-02 |
Donor or gleaner liability for injury |
| 19-05.1-03 |
Charitable or nonprofit organization liability for injury |
| 19-05.1-04 |
Sale of food prohibited ‑ Unlawful sale or use ‑ Penalty |
| 19-05.1-05 |
Inspection of food |
Chapter 19-06 - Imitation Ice Cream [Repealed]
Chapter 19-06.1 - Honey
Chapter 19-07 - Eggs [Repealed]
Chapter 19-08 - Beverages
| Section |
Section Name |
| 19-08-01 |
Certain beverages unlawful to sell |
| 19-08-02 |
Beverage ‑ Definition |
| 19-08-03 |
Requirements for labeling ‑ Standards of purity and quality |
| 19-08-04 |
License required |
| 19-08-05 |
License fees |
| 19-08-06 |
Penalty |
| 19-08-07 |
Penalty for sale, use, or purchase of bottles when brand recorded |
Chapter 19-09 - Cosmetics [Repealed]
Chapter 19-10 - Petroleum Products [Repealed]
Chapter 19-11 - Paints, Varnishes, and Linseed Oils [Repealed]
Chapter 19-12 - Insecticides and Fungicides [Repealed]
Chapter 19-13 - Commercial Feeding Stuffs [Repealed]
Chapter 19-13.1 - North Dakota Commercial Feed Law [Repealed]
Chapter 19-14 - Livestock Medicine [Repealed]
Chapter 19-15 - Commercial Fertilizers [Repealed]
Chapter 19-16 - Antifreeze [Repealed]
Chapter 19-16.1 - Antifreeze Regulation [Repealed]
Chapter 19-17 - Flour and Bread Standards
Chapter 19-18 - Pesticide Registration [Repealed]
Chapter 19-19 - Barbiturates [Repealed]
Chapter 19-20 - Commercial Fertilizers [Repealed]
Chapter 19-20.1 - Fertilizer and Soil Conditioner Law [Repealed]
Chapter 19-20.2 - Anhydrous Ammonia Facilities [Repealed]
Chapter 19-20.3 - Anhydrous Ammonia Risk Management [Repealed]
Chapter 19-21 - Labeling of Hazardous Substances
Chapter 19-22 - Labeling of Potatoes as to Grade
| Section |
Section Name |
| 19-22-01 |
Sale of potatoes in closed packages not labeled as to grade prohibited |
| 19-22-02 |
Definitions |
| 19-22-03 |
Grade labeling |
| 19-22-04 |
Approved grades and standards |
| 19-22-05 |
Penalty |
Chapter 19-22.1 - Sale of Artificially Colored Potatoes
Chapter 19-23 - Food Provider Limited Liability for Obesity
Chapter 19-24 - North Dakota Compassionate Care Act [Repealed]
Chapter 19-24.1 - Medical Marijuana
| Section |
Section Name |
| 19-24.1-01 |
Definitions |
| 19-24.1-02 |
Medical marijuana program |
| 19-24.1-03 |
Qualifying patients ‑ Registration |
| 19-24.1-03.1 |
Qualifying patients ‑ Veterans |
| 19-24.1-03.2 |
Qualifying patients ‑ Hospice program |
| 19-24.1-03.3 |
Qualifying patients ‑ Nonresidents |
| 19-24.1-04 |
Designated caregivers ‑ Registration |
| 19-24.1-04.1 |
Designated caregivers ‑ Criminal history record check exemption |
| 19-24.1-05 |
Qualifying patients and designated caregivers ‑ Identification cards ‑ Issuance and denial |
| 19-24.1-06 |
Registry identification cards ‑ Renewal |
| 19-24.1-07 |
Registry identification cards ‑ Nontransferable |
| 19-24.1-08 |
Qualifying patients and designated caregivers ‑ Voluntary withdrawal |
| 19-24.1-09 |
Cardholders ‑ Eligibility and compliance |
| 19-24.1-10 |
Cardholders ‑ Notification of change |
| 19-24.1-11 |
Registry identification cards |
| 19-24.1-12 |
Compassion centers |
| 19-24.1-13 |
Compassion centers ‑ Authority |
| 19-24.1-14 |
Compassion centers ‑ Application |
| 19-24.1-15 |
Compassion centers ‑ Registration |
| 19-24.1-16 |
Compassion centers ‑ Renewal |
| 19-24.1-17 |
Compassion centers ‑ Registration certificates nontransferable ‑ Notification of changes |
| 19-24.1-18 |
Compassion centers ‑ Agents ‑ Registry identification cards |
| 19-24.1-19 |
Cardholders ‑ Compassion centers ‑ Revocation |
| 19-24.1-20 |
Cardholders ‑ Compassion centers ‑ Violations ‑ Penalties |
| 19-24.1-21 |
Compassion centers ‑ Dispensing |
| 19-24.1-22 |
Compassion centers ‑ Inspections |
| 19-24.1-23 |
Compassion centers ‑ Pesticide testing |
| 19-24.1-24 |
Compassion centers ‑ Cannabis plants |
| 19-24.1-24.1 |
Compassion centers ‑ Cannabinoid edible products |
| 19-24.1-25 |
Compassion centers ‑ Security and safety |
| 19-24.1-26 |
Compassion centers ‑ Inventory control |
| 19-24.1-27 |
Compassion centers ‑ Operating manual ‑ Training |
| 19-24.1-28 |
Compassion centers ‑ Bylaws and operating agreements |
| 19-24.1-29 |
Compassion centers ‑ Retention of and access to records and reports |
| 19-24.1-30 |
Compassion centers ‑ Recordkeeping ‑ Compassion center agents ‑ Registry identification cards |
| 19-24.1-31 |
Verification system |
| 19-24.1-32 |
Protections |
| 19-24.1-33 |
Limitations |
| 19-24.1-34 |
Acts not prohibited ‑ Acts not required |
| 19-24.1-35 |
Facility restrictions |
| 19-24.1-36 |
Rules |
| 19-24.1-37 |
Confidentiality |
| 19-24.1-38 |
Advisory board |
| 19-24.1-39 |
Report to legislative management |
| 19-24.1-40 |
Medical marijuana fund ‑ Continuing appropriation |
Title 20 - Game, Fish, and Predators
Title 20 - Game, Fish, and Predators
Title 20.1 - Game, Fish, Predators, and Boating
Chapter 20.1-01 - General Provisions
| Section |
Section Name |
| 20.1-01-01 |
General penalty |
| 20.1-01-02 |
Definitions |
| 20.1-01-03 |
Ownership and control of wildlife is in the state ‑ Damages ‑ Schedule of monetary values ‑ Civil penalty |
| 20.1-01-04 |
Attorney general, state's attorneys, sheriffs, and peace officers to enforce game and fish laws |
| 20.1-01-05 |
Unauthorized methods of taking game birds and game animals |
| 20.1-01-06 |
Being afield with gun or other firearm or bow and arrow while intoxicated prohibited ‑ Penalty |
| 20.1-01-07 |
Hunting big game or small game other than waterfowl or cranes with motor‑driven vehicles prohibited ‑ Exception ‑ Motor‑driven vehicle use in transporting big game restricted |
| 20.1-01-08 |
Hunting with artificial light prohibited ‑ Exception |
| 20.1-01-09 |
Types of guns lawfully usable in taking raccoon and beaver with flashlight ‑ Penalty |
| 20.1-01-10 |
Hours for hunting game birds and protected animals ‑ Penalty |
| 20.1-01-11 |
Hunting and harassing game from aircraft, motor vehicle, or snowmobile prohibited |
| 20.1-01-12 |
Hiring another to hunt or hunting for another for remuneration unlawful |
| 20.1-01-13 |
Aiding in concealment of game unlawfully taken or possessed ‑ Unlawful |
| 20.1-01-14 |
Possession or control of wildlife prima facie evidence of criminal offense |
| 20.1-01-15 |
Joint violator testifying against other participants not subject to prosecution |
| 20.1-01-16 |
Common carriers not to transport game or fish except during open seasons |
| 20.1-01-17 |
Posting of lands by owner to prohibit hunting ‑ How posted ‑ Signs defaced |
| 20.1-01-18 |
Hunting on posted land and trapping on private land without permission unlawful ‑ Penalty |
| 20.1-01-19 |
When posted land may be entered |
| 20.1-01-20 |
Entering posted land with gun or firearm prima facie evidence of intent to hunt game |
| 20.1-01-21 |
Hunting near occupied building without permission unlawful |
| 20.1-01-22 |
Hunting game on lands having unharvested crops unlawful |
| 20.1-01-22.1 |
Hunting on utility lines prohibited |
| 20.1-01-23 |
Fence gates to be closed ‑ Penalty ‑ Violator's hunting license forfeited |
| 20.1-01-24 |
Impersonating game wardens unlawful |
| 20.1-01-25 |
Deposit of refuse unlawful ‑ Penalty |
| 20.1-01-25.1 |
Tampering with traps unlawful |
| 20.1-01-26 |
Suspension of hunting, trapping, or fishing privileges ‑ Surrender and return of license |
| 20.1-01-26.1 |
Hunting, trapping, or fishing prohibited while privileges are suspended ‑ Penalty |
| 20.1-01-27 |
Disposition of animals killed by motor vehicle |
| 20.1-01-28 |
Certain game and fish violations noncriminal ‑ Procedures |
| 20.1-01-29 |
Hearing procedures |
| 20.1-01-30 |
Amount of statutory fees |
| 20.1-01-31 |
Interference with rights of hunters and trappers |
| 20.1-01-32 |
Use of handguns while hunting with bow and arrow or crossbow |
| 20.1-01-33 |
Exploitation of wildlife ‑ Penalty |
| 20.1-01-34 |
Crossbow legal weapon |
| 20.1-01-35 |
Hunting through the internet prohibited - Penalty |
| 20.1-01-36 |
Suppressor and short‑barreled rifle allowed for hunting |
| 20.1-01-37 |
Permission required for baiting ‑ Penalty |
Chapter 20.1-02 - Game and Fish Department
| Section |
Section Name |
| 20.1-02-01 |
Director of the game and fish department ‑ Office to be maintained ‑ Appointment ‑ Term ‑ Removal |
| 20.1-02-02 |
Oath of director |
| 20.1-02-03 |
Compensation and expenses of director ‑ Audit and payment |
| 20.1-02-04 |
Duties of director |
| 20.1-02-05 |
Powers of director |
| 20.1-02-05.1 |
Land acquisitions ‑ Statewide land acquisition plan |
| 20.1-02-05.2 |
Private land access program ‑ Guidelines |
| 20.1-02-06 |
Deputy director ‑ Appointment, removal, oath, reports |
| 20.1-02-07 |
Chief game warden, district deputy game wardens, biologists, and technicians ‑ Appointment ‑ Removal |
| 20.1-02-08 |
Oath of chief game warden |
| 20.1-02-09 |
Supervision of chief game warden by director ‑ Records ‑ Reports |
| 20.1-02-10 |
Special deputy game wardens ‑ Appointment, removal, compensation |
| 20.1-02-11 |
Deputy game wardens supervised by director ‑ To make reports |
| 20.1-02-12 |
Bond of deputy game wardens |
| 20.1-02-13 |
Disqualification of game wardens |
| 20.1-02-14 |
Writs served and executed by game wardens ‑ Peace officers and others to aid wardens, when |
| 20.1-02-14.1 |
Uniform complaint and summons ‑ Promise to appear ‑ Penalty |
| 20.1-02-15 |
Police powers of director, deputy director, and bonded appointees of director |
| 20.1-02-15.1 |
Additional powers of director, deputy director, chief game wardens, or district game wardens |
| 20.1-02-16 |
Director may pay rewards in connection with the conviction of violators ‑ Amounts ‑ Exceptions |
| 20.1-02-16.1 |
Game and fish fund ‑ Use ‑ Required balance ‑ Budget section approval |
| 20.1-02-16.2 |
Nongame wildlife fund established ‑ Uses ‑ Appropriation |
| 20.1-02-16.3 |
Small and big game habitat restoration trust fund ‑ Advisory committee ‑ Transfer ‑ Continuing appropriation |
| 20.1-02-16.4 |
Clam harvesting privilege fee |
| 20.1-02-16.5 |
Motorboat programs and safety account ‑ Use |
| 20.1-02-16.6 |
Motorboat programs and safety account ‑ Transfer from highway tax distribution fund |
| 20.1-02-16.7 |
Aquatic nuisance species program fund |
| 20.1-02-16.8 |
Waterfowl habitat improvement fund |
| 20.1-02-17 |
Conditional assent to federal aid projects ‑ Proceeds from license fees and application to be used for administration of department |
| 20.1-02-17.1 |
Procedures and conditions for land acquisitions for wildlife and fish restoration |
| 20.1-02-17.2 |
Lands acquired by game and fish department to qualify as Garrison diversion mitigation lands |
| 20.1-02-18 |
State's conditional consent to United States' acquisition of areas for migratory bird reservations ‑ State retains jurisdiction |
| 20.1-02-18.1 |
Federal wildlife area acquisitions ‑ Submission to county commissioners, opportunity for public comment, and impact analysis required |
| 20.1-02-18.2 |
Negotiation of leases, easements, and servitudes for wildlife production purposes |
| 20.1-02-18.3 |
Suspension of federal authority to acquire interests in land |
| 20.1-02-18.4 |
Wetlands mediation advisory board |
| 20.1-02-18.5 |
Wetlands mediation advisory board ‑ Meetings ‑ Staff ‑ Compensation and expenses |
| 20.1-02-18.6 |
Wetlands mediation advisory board ‑ Petition ‑ Mediation ‑ Hearing |
| 20.1-02-19 |
Removal proceedings ‑ Game and fish hearing board |
| 20.1-02-20 |
Time of hearing ‑ Notice of hearing and of determination |
| 20.1-02-21 |
Suspension pending hearing |
| 20.1-02-22 |
Appeal to district court |
| 20.1-02-23 |
Game and fish advisory board ‑ Appointment ‑ Qualifications ‑ Term |
| 20.1-02-24 |
Compensation |
| 20.1-02-25 |
Meetings and duties |
| 20.1-02-26 |
Mounted bighorn sheep trophy heads and horns ‑ Plugging or tagging required ‑ Rules |
| 20.1-02-27 |
Public access program ‑ Private landowner assistance to promote public hunting access |
| 20.1-02-28 |
Deerproof hay yard program |
| 20.1-02-29 |
Protection of personal information of the public |
| 20.1-02-30 |
Private land open to sportsmen program ‑ Biomass demonstration project |
| 20.1-02-31 |
Deer reduction programs |
| 20.1-02-32 |
Canada goose depredation kill permits |
| 20.1-02-33 |
Fishing contests |
| 20.1-02-34 |
Educational and community outreach programs |
Chapter 20.1-03 - Licenses and Permits
| Section |
Section Name |
| 20.1-03-01 |
General penalty |
| 20.1-03-01.1 |
Director to appoint and train instructors ‑ Prescribe course material and classroom sites ‑ Certify completion |
| 20.1-03-01.2 |
Instruction required before issuance of hunting license ‑ Age limits ‑ Penalty |
| 20.1-03-01.3 |
Exemptions |
| 20.1-03-01.4 |
Additional education requirement for bowhunters ‑ Standards ‑ Penalty |
| 20.1-03-01.5 |
Apprentice hunter validation |
| 20.1-03-02 |
General game license ‑ Stamps allowed for specific licenses |
| 20.1-03-03 |
Licenses to hunt, trap, or fish required of residents |
| 20.1-03-03.1 |
General game license not required for hunting on Indian land |
| 20.1-03-04 |
When licenses to hunt, fish, or trap not required of residents |
| 20.1-03-04.1 |
When license to take frogs not required of residents |
| 20.1-03-05 |
Application for resident general game, fur‑bearer, or fishing license ‑ Contents |
| 20.1-03-06 |
Contents of resident general game, fur‑bearer, or fishing licenses ‑ Licenses not transferable ‑ Resident family fishing license |
| 20.1-03-07 |
Licenses to hunt, trap, or fish required of nonresidents |
| 20.1-03-07.1 |
Nonresident waterfowl hunting license required |
| 20.1-03-07.2 |
Nonresident youth hunting licenses |
| 20.1-03-07.3 |
Nonresident spring white goose license |
| 20.1-03-08 |
When licenses to fish not required of nonresident |
| 20.1-03-09 |
Application for nonresident general game or fishing license ‑ Contents |
| 20.1-03-10 |
Contents of nonresident general game, fishing, or reciprocal trapping licenses ‑ Licenses not transferable ‑ Nonresident short‑term fishing license |
| 20.1-03-10.1 |
Trout and salmon license stamp |
| 20.1-03-11 |
License to hunt big game required ‑ Limitations on licenses |
| 20.1-03-11.1 |
Combination license ‑ Director authorized to establish |
| 20.1-03-11.2 |
Hunting outfitters ‑ White‑tailed deer licenses ‑ Fees |
| 20.1-03-11.3 |
Early Canada goose season |
| 20.1-03-11.4 |
Deer lottery license fee donation to private land open to sportsmen option |
| 20.1-03-11.5 |
Purchase of bonus points awarded for lotteries |
| 20.1-03-12 |
Schedule of fees for licenses and permits |
| 20.1-03-12.1 |
Habitat restoration stamp required ‑ Use of revenue ‑ Land purchases not allowed |
| 20.1-03-12.2 |
Hunting license and permit application fees |
| 20.1-03-12.3 |
Fishing, combination, and waterfowl license surcharge |
| 20.1-03-12.4 |
Nonresident license surcharge ‑ Fishing conservation fund ‑ Continuing appropriation |
| 20.1-03-12.5 |
Waterfowl habitat restoration electronic stamp required - Use of revenue |
| 20.1-03-13 |
Stocking and propagation of upland game |
| 20.1-03-14 |
Practicing taxidermy for pay without a license unlawful |
| 20.1-03-15 |
Taxidermist's license ‑ Who to issue |
| 20.1-03-16 |
Records required of licensed taxidermists ‑ Contents ‑ Inspection of records and unmounted specimens by game officials ‑ Penalty |
| 20.1-03-17 |
Issuance of licenses ‑ Who to issue ‑ Disposition of proceeds |
| 20.1-03-18 |
Agents to file certain licenses ‑ Game officials may inspect file ‑ Return of unused supplies |
| 20.1-03-19 |
Remittances by agents to the director |
| 20.1-03-20 |
Bonds of agents applicable to duties imposed by this title |
| 20.1-03-21 |
Failure to turn over money collected under provisions of this title unlawful ‑ Penalty |
| 20.1-03-22 |
Buying or shipping green furs ‑ License required ‑ Expiration of license |
| 20.1-03-23 |
Records to be kept by licensed dealers in green furs ‑ Report to director ‑ Penalty |
| 20.1-03-24 |
Transportation of game or fish by residents having hunting, fishing, or fur‑bearer licenses |
| 20.1-03-24.1 |
Permits for the transportation of big game |
| 20.1-03-25 |
Transportation of game or fish by nonresidents having a hunting, fur‑bearer, or fishing license |
| 20.1-03-26 |
Nonresidents ‑ Taking and transporting of game birds ‑ License |
| 20.1-03-27 |
Proof of license to be provided officers upon demand ‑ Penalty |
| 20.1-03-28 |
Duplicate licenses or permits |
| 20.1-03-29 |
Making misrepresentation in application for, or alteration in, license or permit unlawful |
| 20.1-03-30 |
Application for license issued by lottery ‑ Forfeiture of fee if not eligible to apply |
| 20.1-03-31 |
Using or claiming as one's own the license or permit of another person unlawful |
| 20.1-03-32 |
Computer‑generated license |
| 20.1-03-33 |
When an individual considered licensed |
| 20.1-03-34 |
Signature and possession requirements |
| 20.1-03-35 |
Social security number to be furnished |
| 20.1-03-36 |
Guides and outfitters to be licensed |
| 20.1-03-36.1 |
Fee for guide or outfitter license |
| 20.1-03-36.2 |
Guides and outfitters licenses |
| 20.1-03-37 |
Guides and outfitters license qualifications |
| 20.1-03-38 |
Licensing guides and outfitters by the department ‑ Rules ‑ Inspections |
| 20.1-03-39 |
Guides and outfitters restrictions |
| 20.1-03-40 |
Penalty |
| 20.1-03-41 |
Director's powers for immediate suspension |
| 20.1-03-42 |
Guiding on prohibited lands |
Chapter 20.1-04 - Birds, Regulations
| Section |
Section Name |
| 20.1-04-01 |
General penalty |
| 20.1-04-02 |
Game birds protected |
| 20.1-04-02.1 |
Game bird parts ‑ Decorative purposes |
| 20.1-04-03 |
Harmless wild birds protected ‑ Imported songbirds as domestic pets may be possessed and sold |
| 20.1-04-04 |
Nests and eggs of protected birds protected |
| 20.1-04-05 |
Golden eagle, bald eagle protected |
| 20.1-04-06 |
Possession limit of game birds |
| 20.1-04-07 |
Governor's proclamation concerning the taking of wild turkeys ‑ Youth spring wild turkey licenses ‑ Spring wild turkey licenses |
| 20.1-04-07.1 |
Spring wild turkey licenses ‑ Nonprofit organizations |
| 20.1-04-08 |
Red, yellow, or orange color to be displayed by hunters of wild turkeys ‑ Exception |
| 20.1-04-09 |
Guns lawfully usable in pursuing or taking game birds ‑ Penalty |
| 20.1-04-10 |
Shell‑holding capacity of shotguns used in taking game birds restricted ‑ Plugs authorized ‑ Penalty |
| 20.1-04-11 |
Blinds, boats, and decoys lawfully usable in taking ducks and geese |
| 20.1-04-12 |
When gun dogs not to be trained or permitted to run loose ‑ Exceptions ‑ Penalty |
| 20.1-04-12.1 |
Gun dog activities ‑ Permit required ‑ Fee |
| 20.1-04-12.2 |
Gun dog training area ‑ Permit |
| 20.1-04-13 |
When harmful wild birds may be killed |
| 20.1-04-14 |
Use of propane exploders ‑ Penalty |
| 20.1-04-15 |
Pheasant season ‑ Opening |
Chapter 20.1-05 - Big Game Animals, Regulations
| Section |
Section Name |
| 20.1-05-01 |
General penalty |
| 20.1-05-02 |
Big game animals protected |
| 20.1-05-02.1 |
Unattended dogs harassing or killing big game animals |
| 20.1-05-03 |
Season for taking and transporting big game ‑ Bag limit |
| 20.1-05-04 |
Using certain animals and artificial lights in taking big game unlawful |
| 20.1-05-05 |
Prima facie proof of hunting or attempting to hunt big game animals unlawfully |
| 20.1-05-06 |
Big game hunters to wear daylight fluorescent orange garments ‑ Exception ‑ Penalty |
| 20.1-05-07 |
When seals to be attached to carcasses of big game animals ‑ Director to furnish seals |
| 20.1-05-08 |
Taking of big game by blind persons |
| 20.1-05-09 |
Hunting big game animals using supplemental feed not prohibited or restricted (Expired effective August 1, 2029) |
Chapter 20.1-05.1 - Special Allocation Hunting License
| Section |
Section Name |
| 20.1-05.1-01 |
Special allocation hunting license authorization |
| 20.1-05.1-02 |
Discretionary special allocation hunting license authorization |
Chapter 20.1-06 - Fish, Frog, and Turtle Regulations
Chapter 20.1-07 - Fur-Bearing Animals, Regulations
| Section |
Section Name |
| 20.1-07-01 |
General penalty |
| 20.1-07-02 |
Property rights ‑ Wild fur‑bearing animals |
| 20.1-07-03 |
Fur‑bearing animals which are protected not to be taken or disturbed during closed seasons |
| 20.1-07-03.1 |
Use of snares for taking coyotes ‑ Restrictions ‑ Identification ‑ Snare standards |
| 20.1-07-04 |
Depredating fur‑bearing animals ‑ Destruction and disposition |
| 20.1-07-05 |
Manner of taking protected fur‑bearing animals restricted ‑ Destruction of property of others unlawful ‑ Penalty |
| 20.1-07-06 |
Unlawful possession of fur‑bearers ‑ Each violation is a distinct offense |
Chapter 20.1-08 - Governor's Proclamations
| Section |
Section Name |
| 20.1-08-01 |
Orders and proclamations have force of law ‑ Penalty |
| 20.1-08-02 |
Governor may vary statutory open and closed season by order or proclamation |
| 20.1-08-03 |
Limitations on governor's powers |
| 20.1-08-04 |
Contents of governor's order or proclamation relating to the taking of big game, small game, fish, and fur‑bearers ‑ Special permits |
| 20.1-08-04.1 |
Governor's proclamation concerning the hunting of bighorn sheep ‑ Certain license recipients not eligible to apply again |
| 20.1-08-04.2 |
Governor's proclamation concerning the hunting of moose ‑ Raffle |
| 20.1-08-04.3 |
Governor's proclamation concerning fishhouses |
| 20.1-08-04.4 |
Governor's proclamation concerning underwater spearfishing |
| 20.1-08-04.5 |
Governor's proclamation concerning the hunting of deer with muzzleloading firearms |
| 20.1-08-04.6 |
Governor's proclamation concerning the hunting of elk ‑ Special elk depredation management licenses |
| 20.1-08-04.7 |
Governor's proclamation concerning the hunting of predators |
| 20.1-08-04.8 |
Governor's proclamation concerning the hunting of mule deer ‑ Mule deer foundation raffle and auction |
| 20.1-08-04.9 |
Small game proclamation ‑ Pheasants |
| 20.1-08-04.10 |
Governor's proclamation concerning restrictions on cervidae carcass importation due to chronic wasting disease |
| 20.1-08-04.11 |
Governor's executive order or proclamation declaring animal health emergency |
| 20.1-08-04.12 |
Governor's proclamation concerning the hunting of antelope ‑ North Dakota hunter educators association raffle |
| 20.1-08-04.13 |
Governor's proclamation concerning once‑in‑a‑lifetime big game hunts for youth with cancer or a life-threatening illness ‑ Rules |
| 20.1-08-04.14 |
Governor's proclamation concerning the hunting of elk - Annie's house at Bottineau winter park raffle |
| 20.1-08-05 |
Proclamation to be published ‑ Exceptions ‑ Period proclamation is in effect |
Chapter 20.1-09 - Propagation of Protected Birds and Animals
| Section |
Section Name |
| 20.1-09-01 |
General penalty |
| 20.1-09-02 |
Permits to propagate, domesticate, or possess birds or animals |
| 20.1-09-03 |
Contents of application for permit to propagate, domesticate, or possess live birds or animals |
| 20.1-09-04 |
Reports to director by persons holding propagation permits ‑ Contents of reports |
| 20.1-09-05 |
Sale, collection, and transportation of birds, animals, and eggs held for propagation ‑ Director's consent necessary |
Chapter 20.1-10 - Confiscation
| Section |
Section Name |
| 20.1-10-01 |
Property unlawfully taken, transported, or used to be confiscated by certain game and fish officials ‑ Procedure |
| 20.1-10-02 |
Wildlife packed or commingled with contraband must be confiscated |
| 20.1-10-03 |
Confiscated property ‑ Courts having jurisdiction ‑ Requisites for disposition |
| 20.1-10-04 |
Who to sell confiscated property ‑ Bills of sale ‑ Disposition of proceeds of sale |
| 20.1-10-05 |
Confiscated perishable property may be sold without court order ‑ Who may sell |
| 20.1-10-06 |
Search warrants ‑ Issuance ‑ Contents |
| 20.1-10-07 |
Property seized under warrant ‑ Officer's return to describe ‑ Safekeeping ‑ Disposal |
Chapter 20.1-11 - Game Refuges and Game Management Areas
| Section |
Section Name |
| 20.1-11-01 |
General penalty |
| 20.1-11-02 |
Game refuges on privately owned or leased lands ‑ How established |
| 20.1-11-03 |
Game refuges on lakes for migratory game birds ‑ How established |
| 20.1-11-04 |
Game refuges on public lands may be established by director ‑ Duration of public land refuges |
| 20.1-11-05 |
Establishment of state game or fish management areas |
| 20.1-11-06 |
Public record of state game refuges to be kept by director ‑ Contents of record |
| 20.1-11-07 |
Game refuges, game management areas to be posted by director ‑ Inscription on signs ‑ Location |
| 20.1-11-08 |
Hunting and trapping within refuge prohibited ‑ Exception in case of carnivorous birds or animals |
| 20.1-11-09 |
When predatory animals on state game refuges may be destroyed by persons designated by director |
| 20.1-11-10 |
Director to mark game farms, refuges, management areas, breeding and resting places ‑ Destroying or defacing signs unlawful |
| 20.1-11-11 |
Landowner consent before posting |
| 20.1-11-12 |
Acquisition of school lands for wildlife restoration projects |
| 20.1-11-13 |
Hunting or trapping within refuge prohibited ‑ Exception |
| 20.1-11-14 |
Property abandoned on state game refuges, leased or managed real property, and state game or fish management areas |
Chapter 20.1-12 - Private Shooting Preserves
| Section |
Section Name |
| 20.1-12-01 |
General penalty |
| 20.1-12-02 |
Operating permit for shooting preserve |
| 20.1-12-03 |
Prerequisites for the issuance of permits ‑ Bonds |
| 20.1-12-04 |
Types of game that may be hunted on shooting preserve ‑ Identification of game |
| 20.1-12-05 |
Operation of shooting preserve ‑ Season ‑ Search of premises permitted |
| 20.1-12-06 |
Game birds to be tagged |
| 20.1-12-06.1 |
Game birds harvested |
| 20.1-12-07 |
Guest register and records to be maintained |
| 20.1-12-08 |
Rules to be adopted by the director |
| 20.1-12-09 |
Revocation of permit |
| 20.1-12-10 |
Administrative Agencies Practice Act to apply |
Chapter 20.1-13 - Boating Regulation
| Section |
Section Name |
| 20.1-13-01 |
General penalty |
| 20.1-13-02 |
Operation of unnumbered and unlicensed motorboats prohibited ‑ Penalty |
| 20.1-13-02.1 |
Operation of motorboat without payment of aquatic nuisance species fee prohibited ‑ Penalty |
| 20.1-13-03 |
Identification number and license ‑ Penalty |
| 20.1-13-03.1 |
Manufacture and sale of outboard motors |
| 20.1-13-03.2 |
Outboard motor ‑ Serial number removed ‑ Penalty |
| 20.1-13-04 |
Rules ‑ Licensing watercraft for hire ‑ Annual inspection ‑ Penalty |
| 20.1-13-05 |
Equipment ‑ Penalty |
| 20.1-13-06 |
Exemption from numbering provisions of this chapter |
| 20.1-13-07 |
Prohibited operation ‑ Penalty |
| 20.1-13-07.1 |
Regulation of noise from boats ‑ Penalty |
| 20.1-13-08 |
Collisions, accidents, casualties, and liability |
| 20.1-13-09 |
Transmittal of information |
| 20.1-13-10 |
Water skis, surfboard, and barefoot skiing ‑ Penalty |
| 20.1-13-11 |
Regattas, races, marine parades, tournaments, or exhibitions |
| 20.1-13-12 |
Local regulation prohibited |
| 20.1-13-13 |
Owner's civil liability |
| 20.1-13-14 |
Rules ‑ Enforcement |
| 20.1-13-15 |
Declaration of policy and purpose |
| 20.1-13-16 |
Boating safety program |
| 20.1-13-17 |
Conformity with applicable federal boat and associated equipment safety standards ‑ Penalty |
| 20.1-13-18 |
Termination of unsafe use |
| 20.1-13-19 |
Display of labels evidencing compliance |
| 20.1-13-20 |
Personal flotation devices |
| 20.1-13-21 |
Evidence of tax payment or exemption |
Chapter 20.1-13.1 - Intoxication Testing of Boat Operators
| Section |
Section Name |
| 20.1-13.1-01 |
Implied consent to determine alcohol concentration and presence of drugs |
| 20.1-13.1-02 |
Chemical test of operator in serious bodily injury or fatal accident |
| 20.1-13.1-03 |
Individuals qualified to administer chemical test and opportunity for additional test |
| 20.1-13.1-04 |
Consent of person incapable of refusal not withdrawn |
| 20.1-13.1-05 |
Action following chemical test result for a motorboat or vessel operator |
| 20.1-13.1-06 |
Revocation of privilege to operate motorboat or vessel upon refusal to submit to testing |
| 20.1-13.1-07 |
Administrative sanction for operating motorboat or vessel while having certain drug concentrations |
| 20.1-13.1-08 |
Administrative hearing on request |
| 20.1-13.1-09 |
Judicial review |
| 20.1-13.1-10 |
Interpretation of chemical tests |
| 20.1-13.1-11 |
Proof of refusal admissible in any action or proceeding |
| 20.1-13.1-12 |
Effect of evidence of chemical test |
| 20.1-13.1-13 |
Liability |
| 20.1-13.1-14 |
Operation of motorboat or vessel during period of prohibition ‑ Penalty |
Chapter 20.1-14 - Falconry
Chapter 20.1-15 - Intoxication Testing of Hunters
| Section |
Section Name |
| 20.1-15-01 |
Implied consent to determine alcohol concentration and presence of drugs |
| 20.1-15-02 |
Chemical test of hunter in serious bodily injury or fatal accident |
| 20.1-15-03 |
Individuals qualified to administer chemical test and opportunity for additional test |
| 20.1-15-04 |
Consent of person incapable of refusal not withdrawn |
| 20.1-15-05 |
Action following chemical test result for a hunter |
| 20.1-15-06 |
Revocation of privilege to hunt upon refusal to submit to testing |
| 20.1-15-07 |
Administrative sanction for being afield with a gun or other firearm or a bow and arrow while having certain drug concentrations |
| 20.1-15-08 |
Administrative hearing on request |
| 20.1-15-09 |
Judicial review |
| 20.1-15-10 |
Credit for suspension of hunting privileges |
| 20.1-15-11 |
Interpretation of chemical tests |
| 20.1-15-12 |
Proof of refusal admissible in any action or proceeding |
| 20.1-15-13 |
Effect of evidence of chemical test |
| 20.1-15-14 |
Liability |
| 20.1-15-15 |
Screening tests |
Chapter 20.1-16 - Interstate Wildlife Violator Compact
| Section |
Section Name |
| 20.1-16-01 |
Interstate wildlife violator compact |
| 20.1-16-02 |
Department authorization to effect purposes of compact |
| 20.1-16-03 |
Reciprocal recognition of license suspensions ‑ Suspension of privileges for conviction in participating state ‑ Penalty |
| 20.1-16-04 |
Suspension of privileges for failure to comply with citation issued in participating state ‑ Penalty |
| 20.1-16-05 |
Hearing on suspension |
Chapter 20.1-17 - Aquatic Nuisance Species
Title 21 - Governmental Finance
Chapter 21-01 - Payment and Registration of Warrants
| Section |
Section Name |
| 21-01-01 |
Definitions |
| 21-01-02 |
Warrant ‑ Order of payment |
| 21-01-03 |
Maximum amount of warrants or indebtedness ‑ Violation of provisions ‑ Liability ‑ Penalty |
| 21-01-04 |
Warrants for current expenses |
| 21-01-05 |
Warrants for salaries and official publications ‑ Payable one‑half in cash prior to other warrants |
| 21-01-06 |
Registration of warrants ‑ Rate of interest |
| 21-01-07 |
Warrant register ‑ By whom kept ‑ Form |
| 21-01-08 |
Treasurer to notify holder to present warrant ‑ Order of payment |
| 21-01-09 |
Cashbook and register to be footed daily and closed annually ‑ Penalty for failure |
| 21-01-10 |
Cashbook and register open to inspection |
| 21-01-11 |
Failure to register warrants ‑ Liability of treasurer |
Chapter 21-02 - Certificates of Indebtedness
| Section |
Section Name |
| 21-02-01 |
Definitions |
| 21-02-02 |
Certificates of indebtedness ‑ By whom issued ‑ Term ‑ Interest ‑ General obligation |
| 21-02-03 |
Certificate of county auditor |
| 21-02-04 |
Signing false certificates ‑ Penalty |
| 21-02-05 |
Record of certificates of indebtedness issued against levied and uncollected taxes |
| 21-02-06 |
Certifying amount of uncollected taxes |
| 21-02-07 |
Authorizing resolution ‑ Sinking fund |
| 21-02-08 |
Percentage of current taxes used to pay delinquent certificates of indebtedness |
| 21-02-09 |
Certificates ‑ Payable in order or before maturity |
| 21-02-10 |
Taxing districts exempt from certain provisions |
| 21-02-11 |
Advertising for bids ‑ When required ‑ Procedure similar to bond sales |
| 21-02-12 |
Unlawful for officer to accept compensation from bidder |
| 21-02-13 |
Certificates of indebtedness in anticipation of revenue to be received from the state |
| 21-02-14 |
Presumption of validity |
| 21-02-15 |
Certificate of indebtedness exempt from state taxation ‑ Review for exemption from federal taxation |
Chapter 21-02.1 - Evidence of Indebtedness Proceedings - Judicial Review
| Section |
Section Name |
| 21-02.1-01 |
Proceedings to judicially confirm evidence of indebtedness proceedings |
| 21-02.1-02 |
Petition by political subdivision of the state for court to examine and approve evidence of indebtedness proceedings ‑ Contents of petition |
| 21-02.1-03 |
Hearing of petition ‑ Notice of filing and hearing |
| 21-02.1-04 |
Answer to petition ‑ Defense by person interested |
| 21-02.1-05 |
Powers of court upon trial ‑ Amendment of petition |
| 21-02.1-06 |
Conclusion of hearing ‑ Findings ‑ Decree ‑ Costs of hearing ‑ Filing copies of findings |
Chapter 21-03 - Bonds
| Section |
Section Name |
| 21-03-01 |
Definitions |
| 21-03-02 |
Provisions not applicable to certain issues |
| 21-03-03 |
Irregularities do not vitiate bonds |
| 21-03-03.1 |
Validation of certain school district bond issues |
| 21-03-04 |
Grant of power to borrow ‑ General limitations of indebtedness |
| 21-03-05 |
Limitation applicable to independent municipal indebtedness |
| 21-03-06 |
Purposes and specific limitations of bond issues |
| 21-03-06.1 |
School district voter approval of building authority or other indirect funding methods - Building construction project approval |
| 21-03-07 |
Election required ‑ Exceptions |
| 21-03-08 |
Maximum interest rate, maturity, and denominations |
| 21-03-09 |
Initial resolution ‑ Form |
| 21-03-10 |
Initial resolution ‑ How adopted |
| 21-03-10.1 |
School districts ‑ Use of bond funds |
| 21-03-11 |
Elections ‑ When and how called and held |
| 21-03-12 |
Notice of election to be given |
| 21-03-13 |
Ballot ‑ Contents |
| 21-03-14 |
Bonds issued without an election |
| 21-03-15 |
Direct, annual, irrepealable tax |
| 21-03-16 |
Authority to borrow and issue bonds ‑ When complete |
| 21-03-17 |
Record of proceedings |
| 21-03-18 |
Form and contents of bonds |
| 21-03-19 |
Bonds ‑ Terms |
| 21-03-20 |
Interest ‑ Ceases at maturity unless presented for payment |
| 21-03-21 |
Execution of bonds |
| 21-03-21.1 |
Attorney general to give opinion on legal sufficiency of investments |
| 21-03-22 |
Recording of bonds |
| 21-03-23 |
Bond record |
| 21-03-24 |
Destruction of bonds not sold within three years |
| 21-03-25 |
Bonds ‑ Advertised for bids ‑ Exception |
| 21-03-26 |
Bonds ‑ Call for bids ‑ How advertised |
| 21-03-27 |
Bids ‑ Where received ‑ Record |
| 21-03-27.1 |
Sealed bids |
| 21-03-28 |
Bids ‑ Accompanied by draft ‑ Sale to best bidder ‑ Rejection of all bids |
| 21-03-29 |
Unlawful for official to accept compensation from bidder |
| 21-03-30 |
Municipal bonds ‑ Private sale to United States or state agencies |
| 21-03-31 |
Notice to state or state departments |
| 21-03-32 |
Departments prohibited from purchasing bonds at higher prices within five years |
| 21-03-33 |
Penalty for noncompliance |
| 21-03-34 |
Registration of ownership of bonds ‑ How made |
| 21-03-35 |
Effect of registration ‑ Discharge therefrom |
| 21-03-36 |
Money borrowed or payable to be lawful money of United States |
| 21-03-37 |
Appointment of fiscal agents |
| 21-03-38 |
Bond proceeds ‑ Kept in separate fund ‑ Protection of purchaser |
| 21-03-38.1 |
Disposal of bond proceeds |
| 21-03-39 |
Ancillary contract authorized |
| 21-03-40 |
Sinking funds ‑ Custodian |
| 21-03-41 |
Sinking funds ‑ Duty of county treasurer |
| 21-03-42 |
Sinking fund ‑ Sources and uses |
| 21-03-43 |
Investment of sinking funds |
| 21-03-44 |
Sinking fund ‑ Use for unauthorized purpose |
| 21-03-45 |
Sinking fund ‑ Surplus placed in general fund |
| 21-03-46 |
Municipalities in more than one county |
| 21-03-47 |
Limitation of action |
| 21-03-48 |
Penalty for diversion of sinking and interest funds |
| 21-03-49 |
Penalty for diversion of borrowed money fund |
Chapter 21-03.1 - Registration of Public Obligations
Chapter 21-04 - Depositories of Public Funds
| Section |
Section Name |
| 21-04-01 |
Definitions |
| 21-04-02 |
State funds to be deposited in Bank of North Dakota |
| 21-04-03 |
Funds of public corporations to be deposited in designated depository |
| 21-04-04 |
Money deposited promptly ‑ Withdrawal ‑ Penalty |
| 21-04-05 |
Financial institution ‑ Designation as depository |
| 21-04-06 |
Designating public depositories where there is only one financial institution or no financial institution |
| 21-04-07 |
Limitation on county deposit in financial institution |
| 21-04-08 |
Bond of depository ‑ Approval or disapproval ‑ Term |
| 21-04-09 |
Pledge of security in place of depository bond |
| 21-04-09.1 |
Letters of credit for public deposits ‑ Security interest ‑ Priority ‑ Written agreement |
| 21-04-10 |
Interest payable to financial institution ‑ Sale of pledged securities on default |
| 21-04-11 |
Record of securities ‑ Reapproval semiannually |
| 21-04-12 |
Termination of depository relationship |
| 21-04-13 |
Board meetings ‑ Designating depositories |
| 21-04-14 |
Proposals for deposit |
| 21-04-15 |
Townships and public school districts ‑ Selection of depositories at any time |
| 21-04-16 |
When no bonds are required |
| 21-04-17 |
When bonds are required |
| 21-04-18 |
Interest or dividend rates |
| 21-04-19 |
Itemized statements |
| 21-04-20 |
Report of the treasurer |
| 21-04-21 |
Public corporations with less than five hundred dollars |
| 21-04-22 |
Funds deposited ‑ Custodian exonerated |
| 21-04-23 |
Penalty |
| 21-04-24 |
All public funds are governed by provisions of chapter |
Chapter 21-05 - Claims Against Townships and Counties
| Section |
Section Name |
| 21-05-01 |
Claims against township or county ‑ How accounts stated |
| 21-05-02 |
Accounts may be verified |
| 21-05-03 |
Additional proof may be required |
| 21-05-04 |
Penalty |
| 21-05-05 |
Voucher form |
| 21-05-06 |
What accounts not verified |
| 21-05-07 |
Consideration of account ‑ Action thereon |
| 21-05-08 |
Penalty for auditing account not itemized |
Chapter 21-06 - Miscellaneous Provisions
| Section |
Section Name |
| 21-06-01 |
Duplicate obligation ‑ Issuance |
| 21-06-02 |
Payment of defaced or lost obligation |
| 21-06-03 |
Duplication or payment ‑ By whom ordered ‑ Proof and bond or signed written agreement required |
| 21-06-04 |
Record to be kept |
| 21-06-05 |
Documents which may be destroyed ‑ When |
| 21-06-06 |
Procedure for destruction of documents |
| 21-06-07 |
Political subdivisions may invest funds |
| 21-06-08 |
Authority to contract with the federal government ‑ Delegation of authority |
| 21-06-09 |
Authorization to make loans or accept grants |
| 21-06-10 |
Moneys received through leasing of lands acquired by United States for flood control distributed to counties for schools and roads |
| 21-06-11 |
Expenditure of federal revenue‑sharing moneys |
| 21-06-12 |
Use of public funds or property for nonprofit education foundations ‑ Public purposes |
Chapter 21-07 - Sinking Fund Levy and Collection Records
| Section |
Section Name |
| 21-07-01 |
County auditor to deliver to county treasurer schedule of municipal tax levies for sinking funds |
| 21-07-02 |
County treasurer to keep record of each separate municipal levy for sinking fund |
| 21-07-03 |
County treasurer to deliver to municipal treasurer statement showing amount remitted to sinking fund of municipality |
| 21-07-04 |
Penalty |
Chapter 21-08 - The 1959 Bond Validating Act [Repealed]
Chapter 21-09 - Bond Validating Act
Chapter 21-10 - State Investment Board
| Section |
Section Name |
| 21-10-01 |
State investment board ‑ Membership ‑ Term ‑ Compensation ‑ Advisory council |
| 21-10-02 |
Board ‑ Powers and duties |
| 21-10-02.1 |
Board ‑ Policies on investment goals and objectives and asset allocation |
| 21-10-03 |
Cooperation with Bank of North Dakota |
| 21-10-04 |
Board ‑ Meetings |
| 21-10-05 |
Investment director ‑ Powers and duties |
| 21-10-06 |
Funds under management of board ‑ Accounts |
| 21-10-06.1 |
Board ‑ Investment reports |
| 21-10-06.2 |
Investment costs |
| 21-10-06.3 |
Legacy fund disclosure website |
| 21-10-07 |
Legal investments |
| 21-10-07.1 |
Prudent investor rule ‑ Exception |
| 21-10-08 |
Reserves ‑ Percentage limitations |
| 21-10-08.1 |
Social investment ‑ Prohibition |
| 21-10-09 |
Personal profit prohibited ‑ Penalty |
| 21-10-10 |
State investment board fund ‑ Cost of operation of board |
| 21-10-11 |
Legacy and budget stabilization fund advisory board |
| 21-10-12 |
Legacy fund definitions |
| 21-10-13 |
Legacy earnings fund ‑ State treasurer ‑ Transfers |
Chapter 21-11 - Natural Resources Development Bond Issue [Repealed]
Chapter 21-12 - Private Activity Bond Ceiling Allocation
Chapter 21-13 - Political Subdivision Borrowing
| Section |
Section Name |
| 21-13-01 |
Definitions |
| 21-13-02 |
Political subdivision authority to enter agreement for bank or credit union loans |
| 21-13-03 |
Limit on amount of loans - Loan terms |
| 21-13-04 |
Delinquent loans |
Title 22 - Guaranty, Indemnity, and Suretyship
Chapter 22-01 - Guaranty
| Section |
Section Name |
| 22-01-01 |
Definitions |
| 22-01-02 |
Knowledge or consent of principal unnecessary to guaranty |
| 22-01-03 |
Original obligation sufficient consideration ‑ Exception |
| 22-01-04 |
Guaranty to be in writing ‑ Exception ‑ Consideration need not be expressed |
| 22-01-05 |
When a guaranty need not be in writing |
| 22-01-06 |
Acceptance of offer to guaranty required ‑ Exception in case of absolute guaranty |
| 22-01-06.1 |
When notice of acceptance to guarantor or surety required |
| 22-01-06.2 |
Surety or guarantor may withdraw within ten days |
| 22-01-06.3 |
When account furnished surety or guarantor |
| 22-01-06.4 |
Surety or guarantor may withdraw at any time |
| 22-01-06.5 |
Public policy |
| 22-01-07 |
Guaranty of contract the terms of which are unsettled ‑ Interpretation |
| 22-01-08 |
Guaranty of solvency ‑ Failure to take proceedings to collect ‑ Removal of principal from state |
| 22-01-09 |
Guaranty deemed unconditional ‑ Exception |
| 22-01-10 |
Guarantor of payment is liable upon default of principal ‑ Demand or notice not required |
| 22-01-11 |
Liability on conditional obligation ‑ When notice to guarantor required |
| 22-01-12 |
Limitations upon obligation of guarantor |
| 22-01-13 |
Nonliability of guarantor on unlawful contract ‑ Personal disability of principal |
| 22-01-14 |
Revocation of continuing guaranty |
| 22-01-15 |
When guarantor exonerated |
| 22-01-16 |
Void or voidable promise of creditor does not exonerate |
| 22-01-17 |
Guarantor liability not revived after exoneration |
| 22-01-18 |
Reduction of obligation by partial performance |
| 22-01-19 |
Delay on creditor's part does not exonerate guarantor |
| 22-01-20 |
Indemnified guarantor ‑ Liability |
| 22-01-21 |
Discharge of principal by operation of law does not constitute exoneration |
Chapter 22-02 - Indemnity
| Section |
Section Name |
| 22-02-01 |
Indemnity defined |
| 22-02-02 |
When indemnity against unlawful act void |
| 22-02-03 |
Indemnity against wrongful act done is valid ‑ Exception |
| 22-02-04 |
Indemnity against acts of certain person includes agents |
| 22-02-05 |
Indemnification of several persons includes each person |
| 22-02-06 |
Indemnitor jointly and separately liable |
| 22-02-07 |
Rules applied in interpretation of a contract of indemnity |
| 22-02-08 |
Engagement to answer for violation of duty of another ‑ Reimbursement |
| 22-02-09 |
When sureties in indemnity contracts called bail ‑ Provisions governing bail |
| 22-02-10 |
Indemnity agreement in motor carrier transportation contracts void |
Chapter 22-03 - Suretyship
| Section |
Section Name |
| 22-03-01 |
Surety defined |
| 22-03-02 |
Surety appearing as principal may show status as surety ‑ Exception |
| 22-03-03 |
Limitations on liability of surety |
| 22-03-04 |
Interpreting contract of suretyship |
| 22-03-05 |
Suretyship survives judgment |
| 22-03-06 |
Exoneration of surety ‑ Methods |
| 22-03-07 |
Rights of surety same as rights of guarantor |
| 22-03-08 |
Surety may require creditors to proceed against principal |
| 22-03-09 |
Surety may compel principal to perform obligation when due |
| 22-03-10 |
Reimbursement of surety by principal ‑ Claims for reimbursement against others |
| 22-03-11 |
Remedies of surety ‑ Contribution from cosureties |
| 22-03-12 |
Security to which surety is entitled ‑ Subrogation |
| 22-03-13 |
Property of surety and principal hypothecated ‑ Property of principal applied to discharge of obligation |
| 22-03-14 |
Creditor entitled to security of debtor given to surety |
| 22-03-15 |
Joint control over moneys and assets of fiduciary |
Chapter 22-04 - Letter of Credit [Repealed]
Title 23 - Health and Safety
Chapter 23-01 - Health Division
| Section |
Section Name |
| 23-01-01 |
Health division ‑ Officers |
| 23-01-01.1 |
Department of health and human services to replace state department of health and consolidated laboratories |
| 23-01-01.2 |
State department of health designated primary state environmental agency |
| 23-01-02 |
Health council ‑ Members, terms of office, compensation, officers, meetings |
| 23-01-02.1 |
Hospital utilization committees ‑ Internal quality assurance review committees ‑ Reports ‑ Immunity |
| 23-01-03 |
Powers and duties of the health council |
| 23-01-03.1 |
Newborn metabolic and genetic disease screening tests |
| 23-01-03.2 |
Duties of the health council |
| 23-01-03.3 |
Long‑term care nursing scholarship and loan repayment grant program |
| 23-01-04 |
Effect of rules and regulations |
| 23-01-04.1 |
Rulemaking authority and procedure |
| 23-01-04.2 |
Legislative intent ‑ Health vaccination charges |
| 23-01-04.3 |
Alternative health care services pilot project ‑ Application ‑ Notice ‑ Hearing ‑ Approval ‑ Duration |
| 23-01-05 |
Health officer ‑ Qualifications, salary, term, duties |
| 23-01-05.1 |
Organ or tissue transplant assistance administration ‑ Standing appropriation |
| 23-01-05.2 |
Epinephrine prescription, distribution, possession, or use ‑ Immunity from liability |
| 23-01-05.3 |
Immunization data |
| 23-01-05.4 |
Department to employ state forensic examiner ‑ Qualifications ‑ Duties |
| 23-01-05.5 |
Autopsy reports, working papers, and images ‑ Confidential ‑ Exceptions |
| 23-01-06 |
Biennial report ‑ Contents |
| 23-01-07 |
Structure of department |
| 23-01-07.1 |
Powers and duties of the public health division |
| 23-01-07.2 |
Powers and duties of the central public health laboratory |
| 23-01-07.3 |
Surge staffing |
| 23-01-08 |
Directors of divisions ‑ Deputy ‑ Appointment, salary, duties |
| 23-01-08.1 |
Criminal history background checks |
| 23-01-09 |
Duties of director of consolidated laboratories branch |
| 23-01-09.1 |
Duties of state toxicologist |
| 23-01-10 |
Office space |
| 23-01-11 |
Acceptance of funds and right to qualify for benefits under federal laws authorized |
| 23-01-12 |
Hospital records to be kept at direction of department |
| 23-01-13 |
Blood plasma ‑ Obtaining, storing, and distributing |
| 23-01-14 |
Department of health and human services authorized to transfer future accumulated fees |
| 23-01-15 |
Research studies confidential ‑ Penalty |
| 23-01-16 |
Dairy products ‑ Joint standards |
| 23-01-17 |
Noise harmful to health and safety ‑ Power to regulate ‑ Hearings ‑ Appeal ‑ Penalty ‑ Injunction |
| 23-01-18 |
State department of health responsible for control of rabies |
| 23-01-19 |
Extermination of rabies |
| 23-01-20 |
Traumatic head injury defined |
| 23-01-21 |
Central registry of traumatic head injury ‑ Establishment ‑ Reports |
| 23-01-22 |
Department to employ waste management facility inspectors |
| 23-01-23 |
Permit or investigatory hearings ‑ Exemption from chapters 28‑32 and 54‑57 |
| 23-01-24 |
Health care cost and quality review program ‑ Penalty |
| 23-01-25 |
Commercial feed, insecticide, fungicide, rodenticide, fertilizer, and soil conditioner laws ‑ Laboratory function |
| 23-01-26 |
Department ‑ Indirect cost recoveries |
| 23-01-27 |
Donated dental services program |
| 23-01-28 |
Combined purchasing with local public health units ‑ Continuing appropriation |
| 23-01-29 |
Bone marrow donor education |
| 23-01-30 |
Zoning regulation of concentrated animal feeding operations ‑ Central repository |
| 23-01-31 |
North Dakota health information technology steering committee |
| 23-01-32 |
Viral hepatitis program ‑ Vaccination ‑ Study |
| 23-01-33 |
Human papilloma virus ‑ Information |
| 23-01-34 |
Children with special health care needs ‑ Program administration |
| 23-01-35 |
Tattooing, body piercing, branding, subdermal implants, or scarification ‑ License ‑ Fee ‑ Adoption of rules ‑ Exemptions ‑ Injury reports ‑ Penalty |
| 23-01-36 |
Appeal from permit proceedings |
| 23-01-37 |
Survey program ‑ Health care facilities construction or renovation projects ‑ Innovation waivers ‑ Continuing appropriation |
| 23-01-38 |
Electronic drug prior authorization and transmission - Limitations |
| 23-01-39 |
Immunization program ‑ Provider choice ‑ Purchasing |
| 23-01-40 |
Diabetes goals and plans ‑ Report to legislative management |
| 23-01-41 |
Autism spectrum disorder database ‑ Rulemaking ‑ Confidentiality |
| 23-01-42 |
Opioid antagonist prescription, distribution, possession, or use ‑ Immunity from liability |
| 23-01-43 |
Mammogram results |
| 23-01-44 |
Syringe or needle exchange program ‑ Authorization |
Chapter 23-01.1 - Health Care Data Committee
| Section |
Section Name |
| 23-01.1-01 |
Health data committee of state health council ‑ Membership ‑ Appointment by chairman of health council |
| 23-01.1-02 |
Powers of health data committee |
| 23-01.1-02.1 |
Publication of comparative physician fee information |
| 23-01.1-03 |
Publication of a directory of licensed physicians |
| 23-01.1-04 |
Administrative authority of health data committee ‑ Administrative support ‑ Authority to acquire data |
| 23-01.1-05 |
Confidentiality of certain records ‑ Immunity for providing information |
| 23-01.1-06 |
Fees for providing extraordinary data or reports |
| 23-01.1-07 |
Civil penalty |
Chapter 23-01.2 - Trauma and Emergency Medical System
Chapter 23-01.3 - Health Information Protection
| Section |
Section Name |
| 23-01.3-01 |
Definitions |
| 23-01.3-02 |
Disclosure of protected health information ‑ In general |
| 23-01.3-03 |
Disclosure of a patient's own record |
| 23-01.3-04 |
Nonpublic disclosure to a public health authority |
| 23-01.3-05 |
Nonpublic disclosure in emergency circumstances |
| 23-01.3-06 |
Disclosure for law enforcement purposes |
| 23-01.3-07 |
Disclosure of a public health incident |
| 23-01.3-08 |
Status of information in possession of a local public health authority |
| 23-01.3-09 |
Penalty for unauthorized disclosure |
Chapter 23-02 - Registration of Births and Deaths [Repealed]
Chapter 23-02.1 - Health Statistics Act
Chapter 23-03 - County Board of Health [Repealed]
Chapter 23-04 - Organization of City Board of Health [Repealed]
Chapter 23-05 - Powers and Duties of Local Boards of Health [Repealed]
Chapter 23-06 - Care and Custody of Dead
| Section |
Section Name |
| 23-06-01 |
Right to dispose of one's own body |
| 23-06-01.1 |
Immunity from liability |
| 23-06-01.2 |
Application of other laws |
| 23-06-02 |
Custody of body |
| 23-06-03 |
Duty of final disposition ‑ Final disposition of individuals who are indigent ‑ Decedent's instructions |
| 23-06-03.1 |
Payments on pre‑need funeral contracts to be deposited ‑ Depository shall keep record of deposit ‑ Personal property storage ‑ Penalty |
| 23-06-04 |
Time within which final disposition must be made ‑ Exceptions |
| 23-06-05 |
Failure to dispose within required time ‑ Penalty |
| 23-06-06 |
Neglect of final disposition ‑ Penalty |
| 23-06-07 |
Regulation of final disposition ‑ Issuance of final disposition‑transit permit regulated |
| 23-06-08 |
Final disposition-transit permit ‑ Contents |
| 23-06-09 |
Disposition of final disposition-transit permit |
| 23-06-10 |
Sextons to endorse and return final disposition-transit permit ‑ Record of burials |
| 23-06-11 |
Burial without final disposition-transit permit ‑ Penalty |
| 23-06-12 |
Transporting body without final disposition-transit permit |
| 23-06-13 |
Dissection ‑ When allowed |
| 23-06-14 |
What bodies may be used for dissection |
| 23-06-15 |
When body not to be used for dissection |
| 23-06-16 |
Bond given by person receiving body |
| 23-06-17 |
Bodies required to be buried or cremated after being dissected |
| 23-06-18 |
Dissection ‑ Removal of body ‑ Sale ‑ Penalty |
| 23-06-19 |
Interference with burial of dead limb or member of body ‑ Penalty |
| 23-06-20 |
Where body may be buried |
| 23-06-21 |
Regulation of cemeteries |
| 23-06-21.1 |
Title to burial plots reverts after sixty years ‑ Procedure ‑ Abandonment |
| 23-06-22 |
Sexton ‑ Term of office, records, duties |
| 23-06-23 |
Department to enforce regulation of cemeteries ‑ Injunction |
| 23-06-24 |
Unlawful removal of dead body ‑ Penalty |
| 23-06-24.1 |
Endangered gravesites ‑ County action authorized |
| 23-06-25 |
When body may be removed from cemetery ‑ Penalty for failure to remove |
| 23-06-26 |
Purchasing body forbidden ‑ Penalty |
| 23-06-27 |
Protection of human burial sites, human remains, and burial goods ‑ Unlawful acts ‑ Penalties ‑ Exceptions |
| 23-06-28 |
Arresting or attaching dead body ‑ Penalty |
| 23-06-29 |
Penalty for violating provisions relating to dissections and general penalty |
| 23-06-30 |
Abandoned cemeteries to be maintained by counties |
| 23-06-31 |
Cremation or other lawful disposition of a body ‑ Authorization document ‑ Immunity |
Chapter 23-06.1 - Uniform Anatomical Gift Act [Repealed]
Chapter 23-06.2 - Uniform Anatomical Gift Act [Repealed]
Chapter 23-06.3 - Uniform Determination of Death Act
| Section |
Section Name |
| 23-06.3-01 |
Determination of death |
| 23-06.3-02 |
Notice to family in case of imminent death |
Chapter 23-06.4 - Uniform Rights of Terminally Ill Act [Repealed]
Chapter 23-06.5 - Health Care Directives
Chapter 23-06.6 - Uniform Anatomical Gift Act
| Section |
Section Name |
| 23-06.6-01 |
Definitions |
| 23-06.6-02 |
Applicability |
| 23-06.6-03 |
Who may make an anatomical gift before donor's death |
| 23-06.6-04 |
Manner of making anatomical gift before donor's death |
| 23-06.6-05 |
Amending or revoking anatomical gift before donor's death |
| 23-06.6-06 |
Refusal to make anatomical gift ‑ Effect of refusal |
| 23-06.6-07 |
Preclusive effect of anatomical gift, amendment, or revocation |
| 23-06.6-08 |
Who may make anatomical gift of decedent's body or part |
| 23-06.6-09 |
Manner of making, amending, or revoking anatomical gift of decedent's body or part |
| 23-06.6-10 |
Persons that may receive anatomical gift ‑ Purpose of anatomical gift |
| 23-06.6-11 |
Search and notification |
| 23-06.6-12 |
Delivery of document of gift not required ‑ Right to examine |
| 23-06.6-13 |
Rights and duties of procurement organization and others |
| 23-06.6-14 |
Coordination of procurement and use |
| 23-06.6-15 |
Sale or purchase of parts prohibited ‑ Penalty |
| 23-06.6-16 |
Other prohibited act ‑ Penalty |
| 23-06.6-17 |
Immunity |
| 23-06.6-18 |
Law governing validity ‑ Choice of law as to execution of document of gift ‑ Presumption of validity |
| 23-06.6-19 |
Donor registry |
| 23-06.6-20 |
Effect of anatomical gift on advance health care directive |
| 23-06.6-21 |
Cooperation between coroner or medical examiner and a procurement organization |
| 23-06.6-22 |
Facilitation of anatomical gift from decedent whose body is under jurisdiction of coroner or medical examiner |
| 23-06.6-23 |
Relation to Electronic Signatures in Global and National Commerce Act |
| 23-06.6-24 |
Discrimination prohibited |
Chapter 23-07 - Reportable Diseases
| Section |
Section Name |
| 23-07-01 |
Department ‑ Collection of public health information |
| 23-07-01.1 |
Reporting of physical or mental disorders |
| 23-07-01.2 |
Rules |
| 23-07-02 |
Who to report reportable diseases |
| 23-07-02.1 |
Reports of human immunodeficiency virus infection ‑ Penalty |
| 23-07-02.2 |
Confidentiality of reports |
| 23-07-02.3 |
Emergency reporting |
| 23-07-03 |
Report of cases of sexually transmitted disease |
| 23-07-04 |
Report of reportable disease by township board of health |
| 23-07-05 |
Local health officers to report reportable disease to department of health and human services |
| 23-07-06 |
Contagious or infectious diseases ‑ Power of local board of health to quarantine |
| 23-07-07 |
Sexually transmitted diseases ‑ Additional powers and duties of health officers |
| 23-07-07.1 |
Blood sample of pregnant woman must be submitted for serological test for syphilis |
| 23-07-07.2 |
Definitions |
| 23-07-07.3 |
Certificates reporting births and stillbirths to state whether blood test made |
| 23-07-07.4 |
Penalty |
| 23-07-07.5 |
Testing of inmates and convicted individuals for exposure to the human immunodeficiency virus ‑ Reporting ‑ Liability |
| 23-07-07.6 |
Report of testing result of imprisoned individuals |
| 23-07-08 |
Persons in prison examined and treated for sexually transmitted diseases |
| 23-07-09 |
Sexually transmitted diseases ‑ Persons isolated in prison ‑ Exceptions |
| 23-07-10 |
Preventing infant blindness ‑ Duty of physician or midwife |
| 23-07-11 |
Duty of parent to report to health officer |
| 23-07-12 |
Health officer to place reported infant in charge of physician |
| 23-07-12.1 |
Limitations on requirements to wear a mask |
| 23-07-13 |
Contagious or infectious diseases ‑ Local board may establish temporary hospital |
| 23-07-14 |
Contagious or infectious diseases ‑ Local board may destroy or disinfect infected clothing |
| 23-07-15 |
Removal of individual with reportable disease or condition ‑ Removal of body of individual who died of reportable disease or condition ‑ Prohibited ‑ Declaration of emergency or disaster ‑ Rulemaking authority |
| 23-07-16 |
Child having contagious or infectious disease prohibited from attending school ‑ Exception |
| 23-07-16.1 |
School district to adopt policy relating to significant contagious diseases |
| 23-07-17 |
Vaccination or inoculation not required for admission to any school or for the exercise of a right |
| 23-07-17.1 |
Inoculation required before admission to school |
| 23-07-18 |
Physician to report death from contagious or infectious disease to local board of health |
| 23-07-19 |
Appropriation made on report showing action necessary to prevent spread of tuberculosis |
| 23-07-20 |
Board of county commissioners may appropriate money to prevent the spread of tuberculosis |
| 23-07-20.1 |
Disclosure of records |
| 23-07-21 |
Penalties |
| 23-07-22 |
Suicide fatality review commission |
Chapter 23-07.1 - Tuberculosis Treatment
| Section |
Section Name |
| 23-07.1-01 |
Declaration of legislative intent |
| 23-07.1-01.1 |
Definitions |
| 23-07.1-02 |
Care and treatment of tuberculosis patients or suspects provided without charge by state |
| 23-07.1-03 |
State has prior claim on patient benefits |
| 23-07.1-04 |
State health officer ‑ Designee ‑ Responsibility |
| 23-07.1-05 |
Reports ‑ Orders for the custody of individuals |
| 23-07.1-06 |
Physician's examination ‑ Findings ‑ Final order |
| 23-07.1-07 |
Sheriff's execution of state health officer's final order |
| 23-07.1-08 |
Hearing ‑ Order |
| 23-07.1-09 |
Appeal to supreme court ‑ Habeas corpus ‑ Hearing |
| 23-07.1-10 |
Discharge ‑ Release |
| 23-07.1-11 |
Liability of officers |
| 23-07.1-12 |
Confinement exception ‑ Quarantine |
| 23-07.1-13 |
Indian jurisdiction |
| 23-07.1-14 |
Care of tubercular patients ‑ Acceptance of federal funds ‑ General hospital |
| 23-07.1-15 |
Penalty |
Chapter 23-07.2 - Hemophilia Assistance
Chapter 23-07.3 - Notification of Exposure to Infectious Diseases [Repealed]
Chapter 23-07.4 - Human Immunodeficiency Virus Infection Health Procedures
| Section |
Section Name |
| 23-07.4-01 |
Public health procedures for persons with human immunodeficiency virus infection |
| 23-07.4-02 |
Emergency public health procedures |
| 23-07.4-03 |
Closed hearing ‑ Confidentiality of information |
Chapter 23-07.5 - Bloodborne Pathogen Testing
Chapter 23-07.6 - Communicable Disease Confinement Procedure
Chapter 23-07.7 - Court-Ordered Testing for Sexually Transmitted Diseases
| Section |
Section Name |
| 23-07.7-01 |
Court‑ordered sexual offense medical testing |
| 23-07.7-02 |
Testing procedures ‑ Results of test ‑ Penalty |
Chapter 23-08 - Sterilization [Repealed]
Chapter 23-09 - Food and Lodging Establishments and Assisted Living Facilities
| Section |
Section Name |
| 23-09-01 |
Definitions |
| 23-09-02 |
Department to enforce provisions of chapter |
| 23-09-02.1 |
Smoke detection devices or other approved alarm systems ‑ Administrative procedure and judicial review |
| 23-09-03 |
Exiting requirements |
| 23-09-04 |
Fire escapes in hotels and lodginghouses not more than two stories high |
| 23-09-05 |
Fire escapes to be kept clear ‑ Notice of location and use of fire escapes required |
| 23-09-06 |
Chemical fire extinguishers ‑ Standpipes |
| 23-09-07 |
Lodging establishments or assisted living facilities with elevators ‑ Protection to prevent spread of fire |
| 23-09-08 |
Bolts or locks to be supplied on doors of sleeping rooms |
| 23-09-09 |
Sanitation and safety |
| 23-09-10 |
Drinking water standards |
| 23-09-11 |
Inspection ‑ Reports |
| 23-09-12 |
Certificate of inspection ‑ When issued ‑ Posting |
| 23-09-13 |
False certificate ‑ Penalty |
| 23-09-14 |
Department to report to state fire marshal |
| 23-09-15 |
Obstructing inspection ‑ Penalty |
| 23-09-16 |
License ‑ Application |
| 23-09-16.1 |
License renewal |
| 23-09-17 |
License fees |
| 23-09-18 |
Failure to comply with chapter ‑ Notice ‑ How served |
| 23-09-19 |
State's attorney to prosecute violation |
| 23-09-20 |
Requirements of fireproof hotel ‑ Penalty for false advertising |
| 23-09-20.1 |
Guest record |
| 23-09-21 |
Penalty ‑ General |
| 23-09-22 |
License canceled |
| 23-09-23 |
Exemption for bed and breakfast facilities |
| 23-09-24 |
Salvaged food ‑ License required |
Chapter 23-09.1 - Bed and Breakfast Facilities
Chapter 23-09.2 - Food Preparer Education
Chapter 23-09.3 - Basic Care Facilities
Chapter 23-09.4 - Residential Care for Autistic Children
Chapter 23-09.5 - Cottage Food Production and Sales
| Section |
Section Name |
| 23-09.5-01 |
Definitions |
| 23-09.5-02 |
Direct producer to consumer sales of cottage food products |
Chapter 23-10 - Mobile Home Parks, Trailer Parks, and Campgrounds
| Section |
Section Name |
| 23-10-01 |
Definitions |
| 23-10-02 |
Department to make regulations ‑ Compliance |
| 23-10-02.1 |
Department authorized to accept local enforcement and inspection |
| 23-10-03 |
License required ‑ Application |
| 23-10-04 |
Inspection |
| 23-10-05 |
License fees |
| 23-10-06 |
License issuance |
| 23-10-06.1 |
License renewal |
| 23-10-06.2 |
License transferability |
| 23-10-07 |
Sanitation and safety |
| 23-10-07.1 |
Service fees |
| 23-10-08 |
Sickness in motor or trailer courts ‑ Penalty for failure to report |
| 23-10-09 |
Occupancy record |
| 23-10-10 |
Posting rules and regulations |
| 23-10-10.1 |
Requirement of emergency response procedures |
| 23-10-11 |
Ejection from premises |
| 23-10-12 |
Revocation or suspension of license ‑ Penalty for operating without license |
| 23-10-13 |
Change in use or closure of mobile home park |
| 23-10-14 |
Mobile home security deposit |
Chapter 23-10.1 - Mobile Home Park Receiver
Chapter 23-11 - Housing Authorities Law
| Section |
Section Name |
| 23-11-01 |
Definitions |
| 23-11-02 |
Creation of housing authorities |
| 23-11-03 |
When resolution declaring housing authority to be necessary shall be adopted |
| 23-11-04 |
When authority conclusively deemed established |
| 23-11-05 |
Commissioners of authority ‑ Appointment, qualifications, tenure, compensation |
| 23-11-06 |
Chairman of commissioners of authority, appointment ‑ Vice chairman, appointment ‑ Quorum ‑ Majority vote necessary |
| 23-11-07 |
Powers of commissioners of authority |
| 23-11-08 |
Employees of authority ‑ Duty of city and state's attorney ‑ Legal assistants |
| 23-11-09 |
Commissioner or employee may not have interest in housing project or property to be used |
| 23-11-10 |
Removal of commissioners |
| 23-11-11 |
Powers of authority |
| 23-11-12 |
Rentals to be at lowest possible rate ‑ Authority not to be operated for profit |
| 23-11-13 |
Rentals ‑ How fixed by authority |
| 23-11-14 |
Rentals and tenant selection |
| 23-11-15 |
Right of authority to vest certain rights in obligee not restricted |
| 23-11-16 |
Cooperation between authorities |
| 23-11-16.1 |
Dissolution of city housing authorities authorized ‑ Procedure ‑ Effect |
| 23-11-17 |
Eminent domain ‑ Exercise of power |
| 23-11-18 |
Planning, zoning, and building laws |
| 23-11-19 |
Bonds ‑ Issued pursuant to resolution ‑ General provisions |
| 23-11-20 |
Bonds ‑ Types which may be issued |
| 23-11-21 |
Bonds ‑ Liability ‑ Tax exempt |
| 23-11-22 |
Sale of bonds |
| 23-11-23 |
Bonds ‑ Validity when officer who signs bond is no longer in office ‑ Deemed issued for housing project |
| 23-11-24 |
Provisions of bonds, trust indentures, and mortgages |
| 23-11-25 |
Certification of attorney general as to legality of bonds |
| 23-11-26 |
Rights and remedies of an obligee of authority |
| 23-11-27 |
Additional remedies conferrable by authority on obligee |
| 23-11-28 |
Exemption of real property from execution sale |
| 23-11-29 |
Tax exemptions and payments in lieu of taxes |
| 23-11-30 |
Reports |
| 23-11-31 |
Houses for workers in national defense and veterans |
| 23-11-32 |
Cooperation with federal government |
| 23-11-33 |
Municipalities may cooperate |
| 23-11-34 |
Powers of housing authority |
| 23-11-35 |
Definitions |
| 23-11-36 |
Powers not limited |
Chapter 23-12 - Public Health, Miscellaneous Provisions
| Section |
Section Name |
| 23-12-01 |
Disinfection of secondhand goods |
| 23-12-02 |
Penalty for not disinfecting secondhand goods |
| 23-12-03 |
Use of public drinking cup prohibited ‑ Penalty |
| 23-12-04 |
Permission to establish hospital in residence block of city required |
| 23-12-05 |
Advertising certain cures and drugs and specialization prohibited ‑ Penalty |
| 23-12-06 |
Injury to public health ‑ Penalty |
| 23-12-07 |
Violation of health laws ‑ General penalty |
| 23-12-08 |
Emergency medical service authorized |
| 23-12-09 |
Smoking in public places and places of employment ‑ Definitions |
| 23-12-10 |
Smoking restrictions ‑ Exceptions ‑ Retaliation ‑ Application |
| 23-12-10.1 |
Responsibility of proprietors |
| 23-12-10.2 |
Complaints and enforcement ‑ City and county ordinances and home rule charters |
| 23-12-10.3 |
Exceptions ‑ Medical necessity |
| 23-12-10.4 |
Responsibility of proprietors ‑ Reimbursement of costs of compliance |
| 23-12-10.5 |
Construction and severability |
| 23-12-11 |
Penalty |
| 23-12-12 |
Federal Health Care Quality Improvement Act of 1986 applicable in North Dakota |
| 23-12-13 |
Individuals authorized to provide informed consent to health care for incapacitated patients and minors ‑ Priority |
| 23-12-14 |
Copies of medical records and medical bills |
| 23-12-15 |
State agency provision of medical equipment ‑ Policy for reuse, recycling, or resale |
| 23-12-16 |
Right to breastfeed |
| 23-12-17 |
Workplace breastfeeding policies ‑ Infant friendly designation |
| 23-12-18 |
Medical facility and provider performance reviews and ratings ‑ Notice |
| 23-12-19 |
Voluntary participation in the health information organization - Prohibition on withholding care or benefits |
| 23-12-20 |
COVID‑19 vaccination and infection information |
| 23-12-21 |
International health regulations |
| 23-12-22 |
Vaccine adverse event data ‑ Website |
| 23-12-23 |
Required vaccine ‑ Opt‑out procedure |
Chapter 23-13 - Safety Regulations
| Section |
Section Name |
| 23-13-01 |
Definitions |
| 23-13-02 |
Sale of motor fuels ‑ Regulations for handling and dispensing |
| 23-13-02.1 |
Definitions |
| 23-13-02.2 |
Operation of self‑service motor fuel dispensing unit |
| 23-13-02.3 |
Requirements for the operation of self‑service motor fuel dispensing facilities |
| 23-13-02.4 |
Self‑service units to be equipped with emergency power cutoff |
| 23-13-02.5 |
Self‑service motor fuel dispensing units to be in view of attendant ‑ Exception |
| 23-13-02.6 |
Prohibited activities |
| 23-13-02.7 |
Plans and specifications |
| 23-13-03 |
Penalty |
| 23-13-03.1 |
Definitions |
| 23-13-03.2 |
Liquefied petroleum gas containers ‑ Unauthorized use ‑ Prohibited covering of identification marks |
| 23-13-03.3 |
Unauthorized possession ‑ Presumptive evidence |
| 23-13-03.4 |
Exemption |
| 23-13-03.5 |
Penalty |
| 23-13-04 |
Doors of public buildings ‑ Construction |
| 23-13-05 |
Penalty for failure to construct doors of public buildings as required |
| 23-13-06 |
Owner of land to fill abandoned or disused wells, shafts, and other excavations |
| 23-13-07 |
Overseer of highways to fill wells on state and school lands ‑ Compensation |
| 23-13-08 |
Failure of owner to protect mine or well ‑ Duty of overseer |
| 23-13-09 |
North Dakota state safety committee ‑ Members |
| 23-13-10 |
State safety committee ‑ Meetings ‑ Purpose |
| 23-13-11 |
County safety council or director |
| 23-13-12 |
Handrail in toilet stalls |
| 23-13-13 |
Buildings and facilities constructed or remodeled after effective date to comply with standards |
| 23-13-14 |
Sale of metal beverage containers having detachable parts prohibited ‑ Penalty |
| 23-13-15 |
Smoke detection systems for residential rental property ‑ Penalty |
| 23-13-16 |
Aboveground storage tanks permitted ‑ Limitations |
Chapter 23-14 - Health Districts [Repealed]
Chapter 23-15 - Fireworks
| Section |
Section Name |
| 23-15-01 |
Fireworks defined ‑ Sale of fireworks |
| 23-15-02 |
Sale of fireworks prohibited |
| 23-15-03 |
Public display of fireworks permitted by municipality or fair association within its limits ‑ Supervised display allowed ‑ Permit required ‑ Duty of fire marshal to establish regulations |
| 23-15-04 |
Exceptions |
| 23-15-05 |
State fire marshal or sheriff to seize all fireworks or combustibles |
| 23-15-06 |
General penalty |
Chapter 23-15.1 - Model Rockets
Chapter 23-16 - Licensing Medical Hospitals
| Section |
Section Name |
| 23-16-01 |
Licensure of medical hospitals and state hospitals |
| 23-16-01.1 |
Moratorium on expansion of long‑term care bed capacity |
| 23-16-02 |
Existing medical hospitals |
| 23-16-03 |
Application for license ‑ License fee |
| 23-16-04 |
Licenses |
| 23-16-05 |
Inspections, consultations, and approval of plans |
| 23-16-06 |
Authority to issue, deny, suspend, or revoke licenses |
| 23-16-07 |
Not applicable to certain laws |
| 23-16-08 |
Offering or advertising to dispose of infants prohibited |
| 23-16-08.1 |
Access to pharmacist |
| 23-16-09 |
Information confidential |
| 23-16-10 |
Appeal |
| 23-16-11 |
Penalties |
| 23-16-12 |
Injunction |
| 23-16-13 |
Appropriation |
| 23-16-14 |
Participation in abortion ‑ Not mandatory |
| 23-16-15 |
Umbilical cord blood donation |
| 23-16-16 |
Treatment of victims of sexual assault |
| 23-16-17 |
Air ambulances - Informed Decisions - Publication |
| 23-16-18 |
Maintenance of certification |
| 23-16-19 |
COVID‑19 vaccination status ‑ Access to care |
Chapter 23-16.1 - Medical Hospital Receivership
Chapter 23-17 - Licensing Chiropractic Hospitals
| Section |
Section Name |
| 23-17-01 |
Chiropractic hospitals shall obtain licenses |
| 23-17-02 |
Existing hospitals, institutions, to obtain licenses |
| 23-17-03 |
Application for licenses |
| 23-17-04 |
Fees |
| 23-17-05 |
Inspections |
| 23-17-06 |
State chiropractic board of examiners to issue licenses |
| 23-17-07 |
Standards established |
| 23-17-08 |
Establishment of advisory committee |
| 23-17-09 |
Information not to be disclosed |
| 23-17-10 |
Violations ‑ Penalties |
| 23-17-11 |
Acceptance of federal funds, supplies, and equipment for chiropractic hospitals |
Chapter 23-17.1 - Licensing Addiction Hospitals [Repealed]
Chapter 23-17.2 - Certification of Need for Expansion of Hospital Facilities [Repealed]
Chapter 23-17.3 - Home Health Agency Licensure
Chapter 23-17.4 - Hospice Programs
Chapter 23-17.5 - Health Care Provider Cooperative Agreements [Repealed]
Chapter 23-17.6 - Extended Stay Center Registration
Chapter 23-17.7 - Residential End-of-Life Facility Regulation
| Section |
Section Name |
| 23-17.7-01 |
Definitions |
| 23-17.7-02 |
License required |
| 23-17.7-03 |
License issuance and renewal ‑ Evaluation and inspection ‑ Rules |
| 23-17.7-04 |
Denial, suspension, or revocation of license |
Chapter 23-18 - County Hospital Associations
Chapter 23-18.1 - County Clinic Associations [Repealed]
Chapter 23-18.2 - County Nursing Homes [Repealed]
Chapter 23-19 - Cesspools, Septic Tanks, Privies - Regulation [Repealed]
Chapter 23-20 - Radiation [Repealed]
Chapter 23-20.1 - Ionizing Radiation Development [Repealed]
Chapter 23-20.2 - Disposal of Nuclear and Other Waste Material [Repealed]
Chapter 23-20.3 - Hazardous Waste Management [Repealed]
Chapter 23-20.4 - Low-Level Radioactive Waste [Repealed]
Chapter 23-20.5 - Low-Level Radioactive Waste [Repealed]
Chapter 23-21 - Disinterment and Removal of Bodies in Cemeteries
| Section |
Section Name |
| 23-21-01 |
Definitions |
| 23-21-02 |
Municipal ordinance for disinterment |
| 23-21-03 |
County order for disinterment |
| 23-21-04 |
Declaration of intent |
| 23-21-05 |
Contents of declaration |
| 23-21-06 |
Publication |
| 23-21-07 |
Heading and contents |
| 23-21-08 |
Posting of copies |
| 23-21-09 |
Mailing to plot owners |
| 23-21-10 |
Mailing to heirs of persons interred |
| 23-21-11 |
Notice of desire to be present during disinterment and reinterment |
| 23-21-12 |
Voluntary removal |
| 23-21-13 |
Removal by purchaser or owner of plot or right of interment |
| 23-21-14 |
Removal by heirs of grantee of plot or right of interment ‑ Affidavit |
| 23-21-15 |
Removal of appurtenances to interment space |
| 23-21-16 |
Removal and reinterment by cemetery authority |
| 23-21-17 |
Disposal of lands |
| 23-21-18 |
Recordation of removal of human remains ‑ Acknowledgment |
| 23-21-19 |
Proceeds of sale of land ‑ Use |
| 23-21-20 |
Use of funds to pay expense of removal |
| 23-21-21 |
Endowment care fund for cemetery of reinterment |
| 23-21-22 |
Use of funds for perpetual or other care or improvement of cemetery of reinterment |
| 23-21-23 |
Interment of decedent in religious cemetery ‑ Compliance with religious requirements in removing remains |
Chapter 23-21.1 - Cemetery Organizations
Chapter 23-22 - Rabies Control Committee [Repealed]
Chapter 23-23 - Cancer Cures or Treatments
| Section |
Section Name |
| 23-23-01 |
Definition |
| 23-23-02 |
Prohibition against prescription, treatment, sale, or distribution of cancer cure |
| 23-23-03 |
Enforcement by department ‑ Seizure ‑ Inspection ‑ Injunction |
| 23-23-04 |
Penalty |
Chapter 23-23.1 - Laetrile
| Section |
Section Name |
| 23-23.1-01 |
Use of laetrile authorized |
| 23-23.1-02 |
Disciplinary action for administering or prescribing laetrile subject to finding of harmfulness |
| 23-23.1-03 |
Hearing of board on effects of laetrile ‑ Rules |
Chapter 23-24 - Vector Control Districts
| Section |
Section Name |
| 23-24-01 |
Definitions |
| 23-24-02 |
Petition for establishment of vector control districts ‑ Hearing thereon and investigation ‑ District when created |
| 23-24-02.1 |
Petition for withdrawing from a vector control district ‑ Hearing and investigation ‑ Boundary modification |
| 23-24-03 |
Area to be included within district ‑ How determined |
| 23-24-04 |
Order establishing or modifying district |
| 23-24-05 |
Board of commissioners ‑ Composition ‑ Appointment ‑ Term of office ‑ Vacancy ‑ Compensation |
| 23-24-06 |
Oath of office ‑ Organization of board of commissioners ‑ Appointment of employees ‑ Meetings |
| 23-24-07 |
Bonds of officers and employees |
| 23-24-08 |
Powers and duties of the board of commissioners |
| 23-24-09 |
Vector control district budget ‑ Financial report ‑ Tax levy by county |
| 23-24-10 |
District may issue warrants in anticipation of taxes levied to pay current expenses |
| 23-24-11 |
County treasurer to collect and remit taxes to district treasurer ‑ Deposit of district funds |
Chapter 23-25 - Air Pollution Control [Repealed]
Chapter 23-26 - Water Distribution and Wastewater Systems Operators [Repealed]
Chapter 23-27 - Emergency Medical Services Operations Licenses
| Section |
Section Name |
| 23-27-01 |
License required ‑ Licensing of emergency medical services operations ‑ Exception ‑ Waiver |
| 23-27-02 |
Definitions |
| 23-27-03 |
License fees |
| 23-27-04 |
Standards for operators |
| 23-27-04.1 |
Emergency care or services rendered by officers, employees, or agents of emergency medical services operations ‑ Physician medical direction |
| 23-27-04.2 |
Emergency medical services ‑ State assistance |
| 23-27-04.3 |
Emergency medical services personnel training, testing, certification, licensure, and quality review ‑ Penalty |
| 23-27-04.4 |
Supervision of emergency medical services professionals - Scope of practice |
| 23-27-04.5 |
Quick response unit service pilot program |
| 23-27-04.6 |
Quick response units |
| 23-27-04.7 |
County reporting ‑ Use of property tax levies |
| 23-27-04.8 |
Emergency medical services operation communications |
| 23-27-04.9 |
Administration of vaccinations ‑ Laboratory testing |
| 23-27-04.10 |
Air ambulance services |
| 23-27-05 |
Penalty |
| 23-27-06 |
Criminal history record check |
| 23-27-07 |
Required formation of rural ambulance service district ‑ Organizational meeting ‑ Exemption ‑ Eligibility for relicensure |
| 23-27-08 |
Balance billing prohibited ‑ Enforcement |
Chapter 23-27.1 - Emergency Medical Services Personnel Licensure Interstate Compact
| Section |
Section Name |
| 23-27.1-01 |
Purpose |
| 23-27.1-02 |
Definitions |
| 23-27.1-03 |
Home state licensure |
| 23-27.1-04 |
Compact privilege to practice |
| 23-27.1-05 |
Conditions of practice in a remote state |
| 23-27.1-06 |
Relationship to emergency management assistance compact |
| 23-27.1-07 |
Veterans, service members separating from active duty military, and their spouses |
| 23-27.1-08 |
Adverse actions |
| 23-27.1-09 |
Additional powers invested in a member state's emergency medical services authority |
| 23-27.1-10 |
Establishment of the interstate commission for emergency medical services personnel practice |
| 23-27.1-11 |
Coordinated database |
| 23-27.1-12 |
Rulemaking |
| 23-27.1-13 |
Oversight, dispute resolution, and enforcement |
| 23-27.1-14 |
Date of implementation of the interstate commission for emergency medical services personnel practice and associated rules, withdrawal, and amendment |
| 23-27.1-15 |
Construction and severability |
Chapter 23-27.2 - Distressed Ambulance Service Program
| Section |
Section Name |
| 23-27.2-01 |
Definitions |
| 23-27.2-02 |
Program creation and administration |
| 23-27.2-03 |
Licensee evaluation ‑ Notice |
| 23-27.2-04 |
Licensee ‑ Response |
| 23-27.2-05 |
Distressed ambulance service ‑ Declaration and notice |
| 23-27.2-06 |
Distressed ambulance service ‑ Procedure ‑ Plan |
| 23-27.2-07 |
Distressed ambulance service program ‑ Continuing appropriation |
| 23-27.2-08 |
Distressed ambulance service program ‑ Report to legislative management |
Chapter 23-28 - Uniform Duties to Disabled Persons
| Section |
Section Name |
| 23-28-01 |
Definitions |
| 23-28-02 |
Identifying devices for persons having certain conditions |
| 23-28-03 |
Duty of law enforcement officer |
| 23-28-04 |
Duty of medical practitioner |
| 23-28-05 |
Duty of others |
| 23-28-06 |
Falsifying identification or misrepresenting condition ‑ Penalty |
| 23-28-07 |
Other duties |
| 23-28-08 |
Uniformity of application and construction |
| 23-28-09 |
Short title |
Chapter 23-29 - Solid Waste Management and Land Protection [Repealed]
Chapter 23-29.1 - Municipal Waste Landfill Release Compensation Fund [Repealed]
Chapter 23-30 - Hospital Districts
| Section |
Section Name |
| 23-30-01 |
Definitions |
| 23-30-02 |
Hospital districts authorized ‑ Dissolution of districts |
| 23-30-03 |
Notice of hearing |
| 23-30-04 |
Board of directors |
| 23-30-05 |
Regular meeting to be held |
| 23-30-06 |
Powers of board of directors |
| 23-30-07 |
Tax levy authorized ‑ Financial report |
| 23-30-08 |
Indebtedness of district limited |
| 23-30-09 |
Funds collected to be deposited |
| 23-30-10 |
Hospital district may enter into contract |
| 23-30-11 |
Territory to be annexed |
Chapter 23-31 - Environmental Emergency Costs [Repealed]
Chapter 23-32 - Plastic Products Degradation and Labeling [Repealed]
Chapter 23-33 - Ground Water Protection [Repealed]
Chapter 23-34 - Medical Peer Review Records
| Section |
Section Name |
| 23-34-01 |
Definitions |
| 23-34-02 |
Peer review records ‑ Confidentiality |
| 23-34-02.1 |
Peer review organization reports ‑ Admissibility |
| 23-34-03 |
Peer review records ‑ Privileged ‑ Exceptions |
| 23-34-04 |
Peer review organization ‑ Mandatory reports ‑ Penalty |
| 23-34-05 |
Liability of health care provider to patient |
| 23-34-06 |
Limitation of liability |
Chapter 23-35 - Public Health Units
| Section |
Section Name |
| 23-35-01 |
Definitions |
| 23-35-02 |
Public health units ‑ Core functions |
| 23-35-02.1 |
Tribal health units |
| 23-35-02.2 |
Public health units to adopt onsite wastewater recycling treatment guide |
| 23-35-02.3 |
Onsite wastewater recycling technical committee ‑ Appointment ‑ Duties |
| 23-35-03 |
Boards of health |
| 23-35-04 |
Health districts ‑ Formation ‑ Contracting for services |
| 23-35-05 |
Health districts ‑ Expansion ‑ Merger |
| 23-35-06 |
Health districts ‑ Dissolution ‑ Withdrawal |
| 23-35-07 |
Health district funds ‑ Financial report |
| 23-35-08 |
Boards of health ‑ Powers and duties |
| 23-35-09 |
Abatement and removal of nuisance, source of filth, and cause of sickness |
| 23-35-10 |
District boards of health ‑ Acquiring and disposing of property |
| 23-35-11 |
Budget |
| 23-35-12 |
Local health officers |
| 23-35-13 |
Penalty |
Chapter 23-35.1 - Regional Public Health Networks
| Section |
Section Name |
| 23-35.1-01 |
Definitions |
| 23-35.1-02 |
Regional public health network ‑ Joint powers agreement ‑ Review by department ‑ Criteria |
| 23-35.1-03 |
Regional public health network ‑ Annual plan |
| 23-35.1-04 |
Regional public health networks ‑ Receipt and use of moneys |
| 23-35.1-05 |
Compensation ‑ Reimbursement ‑ Extraordinary service |
Chapter 23-36 - Rabies Control
| Section |
Section Name |
| 23-36-01 |
Definitions |
| 23-36-02 |
Policy ‑ Local authority |
| 23-36-03 |
Enforcement authority |
| 23-36-04 |
Administrative search warrant |
| 23-36-05 |
Assistance of state and local agencies |
| 23-36-06 |
Payment for postexposure treatment |
| 23-36-07 |
Penalty for violation of order or interference |
| 23-36-08 |
Limitation on liability |
| 23-36-09 |
Owner's responsibility |
Chapter 23-37 - Petroleum Release Remediation [Repealed]
Chapter 23-38 - Community Health Grant Program [Repealed]
Chapter 23-38.1 - Cardiac Ready Community Grant Program
| Section |
Section Name |
| 23-38.1-01 |
Cardiac ready community grant program |
| 23-38.1-02 |
Cardiac ready community grant program advisory committee ‑ Duties |
| 23-38.1-03 |
Gifts, grants, and donations ‑ Continuing appropriation |
Chapter 23-39 - Tanning Facilities
Chapter 23-40 - Emergency Medical Services Allocations [Repealed]
Chapter 23-41 - Children With Special Health Care Needs
| Section |
Section Name |
| 23-41-01 |
Definitions |
| 23-41-02 |
Administration of services for children with special health care needs |
| 23-41-03 |
Duties of the department |
| 23-41-04 |
Birth report of child with special health care needs made to department |
| 23-41-05 |
Birth report of child with special health care needs ‑ Use ‑ Confidential |
| 23-41-06 |
Duties of human service zones |
| 23-41-07 |
Russell‑Silver syndrome ‑ Services ‑ Definitions |
Chapter 23-42 - Tobacco Prevention and Control Program [Repealed]
Chapter 23-43 - Stroke Centers and Care
| Section |
Section Name |
| 23-43-01 |
Stroke system |
| 23-43-02 |
Designation of comprehensive stroke center, primary stroke centers, and acute stroke‑ready hospitals |
| 23-43-03 |
Emergency medical services operations ‑ Assessment and transportation of stroke patients to a comprehensive stroke center, primary stroke center, or acute stroke‑ready hospital |
| 23-43-04 |
Continuous improvement of quality of care for individuals with stroke ‑ Recommendations ‑ Report to legislative management |
| 23-43-05 |
Stroke system of care task force |
| 23-43-06 |
General provisions |
Chapter 23-44 - Nurse Aide Registry
Chapter 23-45 - Umbilical Cord Blood Disposition
| Section |
Section Name |
| 23-45-01 |
Umbilical cord blood ‑ Patient information ‑ Definition |
| 23-45-02 |
Umbilical cord blood ‑ Information pamphlet ‑ Distribution |
Chapter 23-46 - Emergency Medical Services
| Section |
Section Name |
| 23-46-01 |
Definitions |
| 23-46-02 |
Emergency medical services advisory council |
| 23-46-03 |
Emergency medical services funding areas |
| 23-46-04 |
State financial assistance for emergency medical services ‑ Confidential information ‑ Annual allocation |
| 23-46-05 |
State financial assistance for emergency medical services ‑ Distribution limit |
Chapter 23-47 - Acute Cardiovascular Emergency Medical System
| Section |
Section Name |
| 23-47-01 |
Definitions |
| 23-47-02 |
Acute cardiovascular emergency medical system ‑ Duties of department |
| 23-47-03 |
Acute cardiovascular emergency medical system of care advisory committee |
| 23-47-04 |
Standard of care |
Chapter 23-48 - Experimental Drugs
| Section |
Section Name |
| 23-48-01 |
Definitions |
| 23-48-02 |
Drug manufacturers ‑ Availability of investigational drugs, biological products, or devices ‑ Costs ‑ Insurance coverage |
| 23-48-03 |
Action against health care provider's license or Medicare certification prohibited |
| 23-48-04 |
Access to investigational drugs, biological products, and devices |
| 23-48-05 |
Cause of action not created |
Chapter 23-49 - Hospital Discharge Policies
| Section |
Section Name |
| 23-49-01 |
Definitions |
| 23-49-02 |
Patient and caregiver discharge planning, involvement, and documentation |
| 23-49-03 |
Posthospital care training |
Chapter 23-50 - Drug Fatalities Review Panel
Chapter 23-51 - Maternal Mortality Review Committee
Title 23.1 - Environmental Quality
Chapter 23.1-01 - Department of Environmental Quality
| Section |
Section Name |
| 23.1-01-01 |
Department of environmental quality established ‑ Director appointment |
| 23.1-01-02 |
Environmental review advisory council ‑ Members, powers, and duties |
| 23.1-01-03 |
Director ‑ Powers and duties |
| 23.1-01-04 |
Rulemaking authority ‑ Limitations |
| 23.1-01-05 |
Department of environmental quality authorized to transfer future accumulated fees |
| 23.1-01-06 |
Department to employ waste management facility inspectors |
| 23.1-01-07 |
Permit or investigatory hearings ‑ Exemption from chapters 28‑32 and 54‑57 |
| 23.1-01-08 |
Commercial feed, insecticide, fungicide, rodenticide, fertilizer, and soil conditioner laws ‑ Laboratory function |
| 23.1-01-09 |
Department of environmental quality ‑ Indirect cost recoveries |
| 23.1-01-10 |
Zoning regulation of concentrated animal feeding operations ‑ Central repository |
| 23.1-01-11 |
Appeal from permit proceedings |
| 23.1-01-11.1 |
Environmental compliance background review ‑ Criminal history background checks |
| 23.1-01-12 |
Rules |
| 23.1-01-13 |
Contracts for inspections |
| 23.1-01-14 |
Environmental laboratories ‑ Certification required ‑ Fees |
| 23.1-01-15 |
International climate control regulations |
| 23.1-01-16 |
Standards for well drilling and installation of water well pumps, pitless units, and monitoring wells ‑ Reports required |
Chapter 23.1-02 - Radiation
Chapter 23.1-03 - Ionizing Radiation Development
Chapter 23.1-04 - Hazardous Waste Management
| Section |
Section Name |
| 23.1-04-01 |
Declaration of purpose |
| 23.1-04-02 |
Definitions |
| 23.1-04-03 |
Powers and duties of the department |
| 23.1-04-04 |
Institutional controls, responsibility exemptions, and regulatory assurances for contaminated properties ‑ Continuing appropriation |
| 23.1-04-05 |
Hazardous waste regulations |
| 23.1-04-06 |
Underground storage tank regulations |
| 23.1-04-07 |
Municipal underground storage tank ordinances |
| 23.1-04-08 |
Permits |
| 23.1-04-09 |
Fees ‑ Deposit in operating fund |
| 23.1-04-10 |
Commercial facility permits and ordinances |
| 23.1-04-11 |
Disclosure of information before issuance, renewal, transfer, or major modification of permit |
| 23.1-04-12 |
Inspections ‑ Right of entry |
| 23.1-04-13 |
Monitoring, analysis, and testing ‑ Civil penalty |
| 23.1-04-14 |
Imminent hazard |
| 23.1-04-15 |
Enforcement penalties and citizen participation |
| 23.1-04-16 |
Applicability |
| 23.1-04-17 |
Limited liability for subsequent owners of property |
Chapter 23.1-04.1 - Aboveground Storage Tank Regulations
Chapter 23.1-05 - Southwestern Low-Level Radioactive Waste Disposal Compact
| Section |
Section Name |
| 23.1-05-01 |
Southwestern low‑level radioactive waste disposal compact |
Chapter 23.1-06 - Air Pollution Control
| Section |
Section Name |
| 23.1-06-01 |
Definitions |
| 23.1-06-02 |
Declaration of public policy and legislative intent |
| 23.1-06-03 |
Environmental review advisory council ‑ Public hearing and rule recommendations |
| 23.1-06-04 |
Power and duties of the department |
| 23.1-06-05 |
Licensing of asbestos and lead‑based paint contractors and certification of asbestos and lead‑based paint workers |
| 23.1-06-06 |
Sulfur dioxide ambient air quality standards more strict than federal standards prohibited |
| 23.1-06-07 |
Requirements for adoption of air quality rules more strict than federal standards |
| 23.1-06-08 |
Classification and reporting of air pollution sources |
| 23.1-06-09 |
Permits or registration |
| 23.1-06-10 |
Fees ‑ Deposit in operating fund |
| 23.1-06-11 |
Right of onsite inspection |
| 23.1-06-12 |
Confidentiality of records |
| 23.1-06-13 |
Administrative procedure and judicial review |
| 23.1-06-14 |
Enforcement ‑ Penalties ‑ Injunctions |
| 23.1-06-15 |
Regulation of odors ‑ Rules |
| 23.1-06-16 |
Implementation of federal regional haze program requirements |
Chapter 23.1-07 - Water Distribution and Wastewater Systems Operators
Chapter 23.1-07.1 - Onsite Wastewater Treatment Systems
Chapter 23.1-08 - Solid Waste Management and Land Protection
| Section |
Section Name |
| 23.1-08-01 |
Finding of necessity |
| 23.1-08-02 |
Definitions |
| 23.1-08-03 |
Powers and duties of the department |
| 23.1-08-04 |
Coal combustion residuals ‑ Present use and disposal deemed acceptable |
| 23.1-08-05 |
Commercial oilfield special waste recycling facilities ‑ Action against well operators restricted |
| 23.1-08-06 |
Local government ordinances |
| 23.1-08-06.1 |
Prohibition on political subdivision ordinance regulating auxiliary containers |
| 23.1-08-07 |
Littering and open burning prohibited ‑ Penalty |
| 23.1-08-08 |
Prohibition in landfill disposal ‑ Lead‑acid batteries accepted as trade‑ins |
| 23.1-08-09 |
Permits (Contingent expiration date ‑ See note) |
| 23.1-08-10 |
Fees ‑ Deposit in operating fund |
| 23.1-08-11 |
Solid waste management fund ‑ Administration |
| 23.1-08-12 |
Applications for grants or loans ‑ Loan terms |
| 23.1-08-13 |
Preconstruction site review |
| 23.1-08-14 |
Waste characterization |
| 23.1-08-15 |
Municipal waste landfills and incinerators ‑ Certification |
| 23.1-08-16 |
Public educational materials ‑ Municipal waste reduction and recycling |
| 23.1-08-17 |
Disclosure of information before issuance, renewal, transfer, or major modification of permit |
| 23.1-08-18 |
Inspections |
| 23.1-08-19 |
Administrative procedure and judicial review |
| 23.1-08-20 |
Injunction proceedings |
| 23.1-08-21 |
Plats |
| 23.1-08-22 |
Exemption |
| 23.1-08-23 |
Penalties |
Chapter 23.1-09 - Municipal Waste Landfill Release Compensation Fund [Repealed]
Chapter 23.1-10 - Environmental Emergency Costs
| Section |
Section Name |
| 23.1-10-01 |
Environmental emergency cost recovery |
| 23.1-10-02 |
Environmental quality restoration fund ‑ Continuing appropriation |
| 23.1-10-03 |
Rules adoption |
| 23.1-10-04 |
Definitions |
| 23.1-10-05 |
Revenue to the fund |
| 23.1-10-06 |
Release of regulated substance prohibited ‑ Exception |
| 23.1-10-07 |
Releases from petroleum tanks |
| 23.1-10-08 |
Responsible parties |
| 23.1-10-09 |
Duty to provide information ‑ Inspections |
| 23.1-10-10 |
Authority to establish and enforce remediation requirements |
| 23.1-10-11 |
Action to compel performance ‑ Injunctive relief |
| 23.1-10-12 |
Cost recovery |
| 23.1-10-13 |
Corrective action costs as lien ‑ Filing of notice of lien ‑ Contents ‑ Attachment priority |
| 23.1-10-14 |
Other remedies |
| 23.1-10-15 |
Voluntary response actions ‑ Liability protection ‑ Procedures |
| 23.1-10-16 |
Zoning regulations establishing institutional controls |
| 23.1-10-17 |
Liability protections issued before August 1, 2021 |
Chapter 23.1-11 - Ground Water Protection
Chapter 23.1-12 - Petroleum Release Remediation
Chapter 23.1-13 - Petroleum Products
| Section |
Section Name |
| 23.1-13-01 |
Definitions |
| 23.1-13-02 |
Department to enforce law ‑ Regulation of petroleum products |
| 23.1-13-03 |
Sale of adulterated and misbranded gasoline, kerosene, tractor fuel, heating oil, diesel fuel, or lubricating oil prohibited |
| 23.1-13-04 |
Retail sale of alcohol‑blended gasoline ‑ Label requirements |
| 23.1-13-05 |
Retail sale of gasoline containing methyl tertiary butyl ether ‑ Restriction |
| 23.1-13-06 |
Retail sale of alternative fuels ‑ Notice required |
| 23.1-13-07 |
Labeling gasoline containers ‑ Gasoline pipeline |
| 23.1-13-08 |
Labeling kerosene ‑ Containers ‑ Pipeline |
| 23.1-13-09 |
Labeling tractor fuel |
| 23.1-13-10 |
Labeling heating oil |
| 23.1-13-11 |
Labeling diesel fuel |
| 23.1-13-12 |
Specifications for petroleum products ‑ Tests used |
| 23.1-13-13 |
How volume of heating oil determined |
| 23.1-13-14 |
Department may prohibit sale of certain gasolines or motor fuels |
| 23.1-13-15 |
Sale of prohibited gasolines ‑ Penalty |
| 23.1-13-16 |
Inspection fees |
| 23.1-13-17 |
Report to tax commissioner of petroleum products ‑ Contents |
| 23.1-13-18 |
Bond may be required of dealer in petroleum products |
| 23.1-13-19 |
Department may designate ports of entry and hold cars for inspection ‑ Penalty |
| 23.1-13-20 |
Penalties |
Chapter 23.1-14 - Antifreeze Regulation
Chapter 23.1-15 - Abandoned Motor Vehicles
| Section |
Section Name |
| 23.1-15-01 |
Definitions |
| 23.1-15-02 |
Penalty for abandoning a motor vehicle |
| 23.1-15-03 |
Custody of abandoned motor vehicle |
| 23.1-15-04 |
Conditions under which an abandoned motor vehicle is eligible for immediate disposal |
| 23.1-15-05 |
Notice to owner and law enforcement of abandoned vehicle |
| 23.1-15-06 |
Right of owner to reclaim abandoned vehicle |
| 23.1-15-07 |
Disposal of vehicle ‑ Disposition of proceeds |
| 23.1-15-08 |
Disposal of abandoned motor vehicles not sold |
| 23.1-15-09 |
Disposal services ‑ Issuance of permits by department ‑ Reimbursement of units of government and commercial towing services for costs |
| 23.1-15-10 |
Abandoned motor vehicle disposal fund |
| 23.1-15-11 |
Tax on initial motor vehicle certificates of title |
| 23.1-15-12 |
Storage of vehicles by collector ‑ Limitations |
Chapter 23.1-16 - Boiler Inspection
| Section |
Section Name |
| 23.1-16-01 |
Definitions |
| 23.1-16-02 |
Chief boiler inspector, deputy inspectors ‑ Appointment ‑ Jurisdiction |
| 23.1-16-03 |
Qualifications of chief boiler inspector ‑ Deputy inspectors |
| 23.1-16-04 |
Powers and duties of chief boiler inspector |
| 23.1-16-05 |
General requirement |
| 23.1-16-06 |
Exempt boilers ‑ Inspection of exempt boilers |
| 23.1-16-07 |
Inspection of boilers |
| 23.1-16-08 |
Special inspector |
| 23.1-16-09 |
Inspection and certificate fees |
| 23.1-16-10 |
Certificate of inspection ‑ Certificate to be posted |
| 23.1-16-11 |
Certificate of inspection required ‑ Penalty |
| 23.1-16-12 |
Manufacturer's data report |
| 23.1-16-13 |
Disposition of funds |
| 23.1-16-14 |
Rules ‑ Penalty for violation ‑ Hearing |
Title 24 - Highways, Bridges, and Ferries
Chapter 24-01 - State Highway System
| Section |
Section Name |
| 24-01-01 |
Declaration of legislative intent |
| 24-01-01.1 |
Definition of words and phrases |
| 24-01-01.2 |
State highway system ‑ Mileage |
| 24-01-02 |
Designation of state highway system |
| 24-01-03 |
Responsibility for state highway system |
| 24-01-03.1 |
Highway performance classification plan |
| 24-01-04 |
Municipalities to develop master street plan |
| 24-01-04.1 |
Metropolitan planning organizations |
| 24-01-04.2 |
Corridors of commerce program ‑ Corridors of commerce fund |
| 24-01-05 |
Designation of county system ‑ Removal from state highway system |
| 24-01-06 |
Authority to abandon sections of routes |
| 24-01-07 |
Maps of state, county, and municipal systems |
| 24-01-08 |
Uniform marking and erection of signs on highway |
| 24-01-08.1 |
Location of signs precluding the cultivation of right of way |
| 24-01-09 |
Authority to prescribe traffic‑control signals |
| 24-01-09.1 |
State highway commissioner to adopt sign manual |
| 24-01-09.2 |
State highway commissioner to place signs on all state highways |
| 24-01-10 |
Local jurisdictions may provide additional capacity to state highway |
| 24-01-11 |
Maintenance of additional width of state highway system in municipalities |
| 24-01-12 |
Regulation of advertising signs on highways |
| 24-01-12.1 |
Harvesting hay on state highway system ‑ Storage and removal |
| 24-01-12.2 |
Hay disposal |
| 24-01-12.3 |
Entry into no‑mow agreements |
| 24-01-13 |
Enforcement of highway laws ‑ Vehicle size and weight controlled |
| 24-01-14 |
Speed research |
| 24-01-15 |
Director to designate through highways |
| 24-01-16 |
Erection and maintenance of guardrails |
| 24-01-17 |
Grade crossing elimination |
| 24-01-18 |
Right of way and materials may be acquired by purchase or eminent domain |
| 24-01-18.1 |
Right of way adjacent to customs and immigration |
| 24-01-18.2 |
Sites for customs and immigration ‑ Governor to convey |
| 24-01-19 |
Board of county commissioners may determine damages |
| 24-01-20 |
Damages to be paid into court |
| 24-01-21 |
Receipt to be signed by owner or clerk of court |
| 24-01-22 |
Title vests after thirty days if no appeal taken |
| 24-01-22.1 |
Appeal after deposit for taking |
| 24-01-23 |
Appeals from decision of board of county commissioners ‑ Procedure ‑ Special term of court |
| 24-01-24 |
Appeal does not stay condemnation proceedings |
| 24-01-25 |
Fees not charged for recording instruments |
| 24-01-26 |
Grants of rights of way confirmed |
| 24-01-27 |
Survey ‑ Plat ‑ Damages from survey |
| 24-01-28 |
Vacating highways by director ‑ Sale of property |
| 24-01-29 |
Temporary acquisition of rights of way or easements for detours |
| 24-01-30 |
Authority to establish controlled‑access facilities |
| 24-01-31 |
Design of controlled‑access facility |
| 24-01-32 |
Acquisition of property and property rights |
| 24-01-33 |
New and existing facilities ‑ Grade crossing elimination |
| 24-01-34 |
Authority of local units to consent |
| 24-01-35 |
Local service roads |
| 24-01-36 |
Bridges may be built separately |
| 24-01-37 |
Inspection of bridges |
| 24-01-38 |
Bridge across Yellowstone River in McKenzie County |
| 24-01-39 |
Use of right of way for utilities subject to regulations by department |
| 24-01-40 |
Right of way for utilities ‑ Granted by director |
| 24-01-41 |
Relocation of utility facilities |
| 24-01-41.1 |
Relocation of property other than utilities |
| 24-01-41.2 |
Relocation of utility facilities ‑ Political subdivision roads |
| 24-01-42 |
Construction of utility facility ‑ Limitation |
| 24-01-43 |
Utility facility ‑ Removal |
| 24-01-44 |
Utility facility ‑ Right of way for relocation |
| 24-01-45 |
Controlled‑access facility ‑ Commercial establishments prohibited |
| 24-01-46 |
Clearing record title of right of way |
| 24-01-47 |
Legislative intent ‑ Access routes |
| 24-01-48 |
Access routes to controlled‑access facility |
| 24-01-49 |
Approach or escape road to be built at all dead end roads or intersections of county and state highways |
| 24-01-50 |
No‑mow transfer to interstate highways |
| 24-01-51 |
Haying of no‑mow areas |
| 24-01-52 |
Multilane highway for United States highway 52 |
| 24-01-53 |
Cost recovery for relocation of utility facilities due to implementation of the American Recovery and Reinvestment Act of 2009 |
| 24-01-54 |
Theodore Roosevelt expressway ‑ United States highway 85 |
| 24-01-55 |
Yellowstone trail - United States highway 12 |
| 24-01-56 |
Veterans memorial highway ‑ State highway 22 ‑ Continuing appropriation |
| 24-01-57 |
Akicita (veteran) memorial highway ‑ State highway 57 ‑ Continuing appropriation |
| 24-01-58 |
Hidden wounds veterans overpass ‑ United States highway 281 ‑ Continuing appropriation |
| 24-01-59 |
Veterans memorial bridge ‑ State highway 18 ‑ Continuing appropriation |
| 24-01-60 |
North Dakota's shortest highway ‑ State highway 91 ‑ Continuing appropriation |
| 24-01-61 |
PFC Ronald C Goodiron Vietnam bridge ‑ State highway 6 ‑ Continuing appropriation |
| 24-01-62 |
PVT Albert Grass WWI bridge ‑ State highway 1806 ‑ Continuing appropriation |
| 24-01-63 |
Petty Officer Third Class Patrick G Glennon Vietnam bridge ‑ State highway 30 ‑ Continuing appropriation |
| 24-01-64 |
Trooper Beryl McLane memorial highway ‑ State highway 13 ‑ Continuing appropriation |
| 24-01-65 |
Specialist 4 Richard W Orsund Vietnam bridge - State highway 18 - Continuing appropriation |
| 24-01-66 |
Specialist 4 David LaTraille Vietnam bridge - United States highway 81 - Continuing appropriation |
| 24-01-67 |
S/Sgt Miles Shelley WWII overpass - United States highway 52 - Continuing appropriation |
| 24-01-68 |
Specialist Jon P Fettig Iraq bridge ‑ State highway 22 ‑ Continuing appropriation |
| 24-01-69 |
Specialist Dennis "DJ" Ferderer Jr Iraq bridge ‑ State highway 31 ‑ Continuing appropriation |
| 24-01-70 |
PFC Henry Gurke memorial highway ‑ State highway 18 ‑ Continuing appropriation |
| 24-01-71 |
LCDR Carl J Woods Vietnam bridge ‑ State highway 5 ‑ Continuing appropriation |
| 24-01-72 |
CPL Raymond Porter Korea bridge ‑ State highway 6 ‑ Continuing appropriation |
| 24-01-73 |
North Dakota fallen peace officers memorial highway - State highway 200 - Continuing appropriation |
Chapter 24-01a - Legislative Intent and Definitions [Repealed]
Chapter 24-02 - Director of the Department of Transportation
| Section |
Section Name |
| 24-02-01 |
State highway department established ‑ Commissioner is head of department |
| 24-02-01.1 |
Department of transportation ‑ Creation ‑ Transfer of functions |
| 24-02-01.2 |
Department of transportation and director of the department of transportation to be substituted for motor vehicle department, registrar of motor vehicles, highway department, and highway commissioner |
| 24-02-01.3 |
Director of the department of transportation ‑ Appointment ‑ Compensation |
| 24-02-01.4 |
Structure of the department of transportation |
| 24-02-01.5 |
Department of transportation ‑ Administrative rules |
| 24-02-02 |
State highway commissioner ‑ Appointment, term, removal, oath, bond, salary |
| 24-02-02.1 |
Agreement for the construction of the Oahe bridge |
| 24-02-02.2 |
Authority to contract with adjoining states and provinces |
| 24-02-02.3 |
Director may enter agreements with tribal governments |
| 24-02-02.4 |
Agreement for the construction of the Fargo Moorhead metropolitan area flood risk management project impacting the state highway system |
| 24-02-02.5 |
Rest area cooperative agreement |
| 24-02-02.6 |
Reciprocal inspection agreements for fabricated products and materials |
| 24-02-03 |
Responsibilities of commissioner |
| 24-02-03.1 |
Cooperation of director in matters of national defense |
| 24-02-03.2 |
Director may protect roads from damage and negotiate settlement for damages |
| 24-02-03.3 |
Central management system for all state‑owned licensed motor vehicles |
| 24-02-03.4 |
Transfer of motor vehicles |
| 24-02-03.5 |
User charges ‑ Incidental revenues |
| 24-02-03.6 |
Board of higher education fleet committee |
| 24-02-04 |
Commissioner to devote full time to office |
| 24-02-05 |
Office hours, sessions, and hearings of commissioner |
| 24-02-06 |
Chief engineer ‑ Qualifications, salary |
| 24-02-07 |
Expenses of department employees |
| 24-02-07.1 |
Engineering scholarships established |
| 24-02-07.2 |
Contract of employment or repayment a prerequisite |
| 24-02-07.3 |
Prequalification, selection, and contracting for consultants ‑ Solicitations |
| 24-02-08 |
Engineering consulting services ‑ Coordinator of highway, road, and street program within state |
| 24-02-09 |
Departmental budget estimates ‑ Departmental budgets |
| 24-02-10 |
Biennial report |
| 24-02-11 |
Records of department open to public ‑ Certain records not open to public ‑ Certified copies |
| 24-02-12 |
Auditing and payment of payrolls |
| 24-02-13 |
Payment of estimates on contract or deposits in condemnation |
| 24-02-14 |
Acts prohibited |
| 24-02-15 |
Action against employee of department on bond |
| 24-02-16 |
Basis of contracts for construction work |
| 24-02-17 |
Contracts ‑ Bids |
| 24-02-18 |
Reconstruction work without letting contract |
| 24-02-19 |
Request for bids ‑ How solicited |
| 24-02-20 |
Bids, where opened ‑ Requirements ‑ Bonds or checks of three lowest bidders retained |
| 24-02-21 |
Contracts on informal bids ‑ How let |
| 24-02-22 |
Separate proposals on each type of work |
| 24-02-23 |
Award of contracts ‑ Bonds |
| 24-02-24 |
Participating county or municipality to be notified of opening of bids |
| 24-02-25 |
Payments made monthly to contractors |
| 24-02-25.1 |
Claims against project ‑ Notice of claim ‑ When filed ‑ Where filed |
| 24-02-25.2 |
Actions against contractor and surety ‑ Time |
| 24-02-26 |
Controversies to be arbitrated ‑ Arbitrators ‑ How named |
| 24-02-26.1 |
Condition precedent to contractor demand for highway construction arbitration ‑ Claims for extra compensation |
| 24-02-27 |
Arbitration demand ‑ District court may appoint arbitrators if parties fail |
| 24-02-28 |
Procedure for arbitration |
| 24-02-29 |
Arbitration may proceed although one party fails to agree |
| 24-02-30 |
Conditions precedent to demand for arbitration against director |
| 24-02-31 |
Arbitrators shall determine all controversies ‑ May give directions |
| 24-02-32 |
Further arbitration permitted |
| 24-02-33 |
Judgment against director ‑ How collected |
| 24-02-34 |
Preparation of standard contract forms |
| 24-02-35 |
Contracts ‑ For road and bridge work and materials ‑ Awarding to residents of North Dakota and giving preference to residents of North Dakota |
| 24-02-35.1 |
Casual sale of road materials to local governmental units |
| 24-02-35.2 |
Deposit of sale proceeds ‑ Continuing appropriation |
| 24-02-36 |
State funds not used on feeder roads |
| 24-02-37 |
State highway fund ‑ Priorities for expenditure ‑ Use of investment income |
| 24-02-37.1 |
Special road advisory committee ‑ Special road fund |
| 24-02-37.2 |
Special road committee |
| 24-02-37.3 |
Flexible transportation fund ‑ Budget section approval ‑ State treasurer distributions to political subdivisions - Report (Retroactive application ‑ See note) |
| 24-02-38 |
Additional appropriation for administration expenses |
| 24-02-39 |
Highway department ‑ Building limitation |
| 24-02-40 |
Short‑term financing |
| 24-02-40.1 |
Grant or revenue anticipation financing |
| 24-02-41 |
Department revenues to state highway fund |
| 24-02-42 |
Scholarships authorized |
| 24-02-43 |
Intergovernmental cooperation ‑ Infrastructure bank |
| 24-02-44 |
Authority to borrow funds for a disaster ‑ Appropriation |
| 24-02-45 |
Cooperative agreements with counties or cities |
| 24-02-45.1 |
Cooperative agreements with private entities for the construction of certain items on the state highway system |
| 24-02-45.2 |
Lease agreements with public and private entities for radio tower space ‑ Continuing appropriation |
| 24-02-45.3 |
Cooperative agreements ‑ Federal transportation-related aid and safety and mobility |
| 24-02-45.4 |
Cooperative agreement with Theodore Roosevelt national park for the maintenance of roadways off of the state highway system |
| 24-02-45.5 |
Reimbursable federal electric vehicle infrastructure grants ‑ Agreements with public or private entities for the administration of federal aid programs ‑ Report |
| 24-02-45.6 |
Big sky north coast corridor identification and development program |
| 24-02-46 |
Multistate highway transportation agreement |
| 24-02-47 |
Contracts ‑ Design‑build method |
| 24-02-48 |
Use of department of transportation airplanes |
| 24-02-50 |
Criminal record history checks |
| 24-02-51 |
Federal transportation-related grants |
Chapter 24-03 - Construction and Maintenance of State Highway System
| Section |
Section Name |
| 24-03-01 |
Preparation and adoption of standard plans and specifications |
| 24-03-02 |
Authority to construct and maintain state highway system |
| 24-03-03 |
Construction program |
| 24-03-04 |
Force accounts in emergencies |
| 24-03-05 |
Closing of roads ‑ Penalty for passing over road or removing barricade |
| 24-03-06 |
Method of construction of highway ditches |
| 24-03-07 |
Drains across state highways |
| 24-03-08 |
Determinations of surface water flow and appropriate highway construction |
| 24-03-09 |
Warning signs of road construction |
| 24-03-10 |
Public officers ‑ Warning sign placement duty |
| 24-03-11 |
Penalty for failure to erect warning signs |
| 24-03-12 |
Authority to acquire equipment |
| 24-03-13 |
Equipment and materials may be purchased without advertising for bids |
| 24-03-14 |
Authority to acquire buildings for equipment |
| 24-03-15 |
Sale of obsolescent highway equipment |
| 24-03-16 |
Inspection and testing of materials |
| 24-03-17 |
Testing laboratory |
| 24-03-18 |
Preparation of manuals of methods and procedures |
| 24-03-19 |
Research on highway development |
| 24-03-20 |
Traffic surveys |
| 24-03-21 |
Preparation of road maps ‑ Publication of tourist information |
| 24-03-22 |
Highway maintenance radio net |
| 24-03-23 |
Encroachments on state highways |
Chapter 24-04 - Federal Aid
| Section |
Section Name |
| 24-04-01 |
Assent to federal aid given |
| 24-04-02 |
Federal‑aid highways included in highway systems of state |
| 24-04-03 |
Feeder roads and rural transportation assistance programs ‑ Director may cooperate with federal government |
| 24-04-04 |
Municipalities may aid federal highway construction |
| 24-04-05 |
Municipalities may pay share of highway cost by taxes or special assessments |
| 24-04-06 |
General laws govern taxes and special assessments to pay highway costs |
Chapter 24-05 - County Roads
| Section |
Section Name |
| 24-05-01 |
County road system and construction plan ‑ County road and bridge tax levy ‑ Allocation and use of funds |
| 24-05-02 |
Fund ‑ How expended |
| 24-05-03 |
Payments made for completed work only |
| 24-05-04 |
Contracts to be advertised ‑ Road construction ‑ Requirements for rental contracts |
| 24-05-04.1 |
County not to lease its equipment for less than cost of operation |
| 24-05-04.2 |
Contracts to be advertised - Road construction |
| 24-05-05 |
County auditor to issue warrants |
| 24-05-06 |
Compensation of county surveyor |
| 24-05-07 |
County may deviate from section lines ‑ Condemn or purchase right of way |
| 24-05-08 |
Highways on state line |
| 24-05-09 |
Purchase or condemnation of right of way |
| 24-05-10 |
Damages ‑ How ascertained ‑ Special board |
| 24-05-11 |
Hearing before special board ‑ Notice |
| 24-05-12 |
Payment or deposit of damages ‑ Receipt |
| 24-05-13 |
Receipt for payment to be recorded if no appeal taken |
| 24-05-14 |
Appeal ‑ How taken ‑ Jury trial |
| 24-05-15 |
Appeal does not stay proceedings |
| 24-05-16 |
County road system ‑ Designation |
| 24-05-17 |
Responsibility for county road system |
| 24-05-18 |
Counties may cooperate with department ‑ Procedure |
| 24-05-19 |
County bound to provide its share of cost |
| 24-05-20 |
County and township road grades and ditches to be back sloped ‑ Planting of grass ‑ Plant pest control |
| 24-05-21 |
Roads and approaches intersecting with county or township roads ‑ Requirement |
| 24-05-22 |
Graded inslope requirement ‑ Exceptions |
| 24-05-23 |
Encroachment upon county roads, ditches, approaches ‑ Liability for damages |
| 24-05-24 |
County and township road rights of way ‑ Removal of obstructions |
Chapter 24-06 - Local Road Improvements
| Section |
Section Name |
| 24-06-01 |
Board of township supervisors has supervision over township roads |
| 24-06-02 |
Township may purchase road machinery ‑ Credit terms |
| 24-06-03 |
Election required if road machinery costs more than four hundred dollars |
| 24-06-04 |
Cost of township road machinery ‑ How paid |
| 24-06-05 |
Overseer responsible for machinery |
| 24-06-06 |
Storage of implements |
| 24-06-07 |
Road machinery ‑ Sale, purchase, lease |
| 24-06-08 |
Contracts for township road improvements ‑ Notice ‑ Bids |
| 24-06-09 |
Contract for township road and bridge work by county, township, or soil conservation district |
| 24-06-10 |
Roads contiguous to municipality ‑ Grades ‑ How established |
| 24-06-11 |
Construction of crossings over ditches, drains, and roads |
| 24-06-12 |
Townships may unite efforts |
| 24-06-13 |
Townships composed of more than one congressional township ‑ Expenditure of road taxes |
| 24-06-14 |
District overseer of highways |
| 24-06-15 |
Road taxes in unorganized territory ‑ How expended |
| 24-06-16 |
Report of district overseer of highways |
| 24-06-17 |
Road taxes must be paid in cash |
| 24-06-18 |
Road taxes to be paid to local subdivisions |
| 24-06-19 |
Expenditure of road taxes |
| 24-06-20 |
Work on roads to proceed upon levy of taxes |
| 24-06-21 |
Road tax may be worked out |
| 24-06-22 |
Supervisors to fix compensation for road work, when |
| 24-06-23 |
County commissioners to fix rate, when |
| 24-06-24 |
Compensation for road work when not fixed |
| 24-06-25 |
Work done prior to August first |
| 24-06-26 |
Ditches to drain highways ‑ Proceedings to establish |
| 24-06-26.1 |
Township road and drainage construction standards |
| 24-06-26.2 |
Maintenance of township road ditches ‑ Limited duty |
| 24-06-26.3 |
Maintenance of township road ditches by private party ‑ Power of board of township supervisors ‑ Approval ‑ Standards of construction |
| 24-06-27 |
Penalty for injuring ditch |
| 24-06-28 |
Obstruction of section lines prohibited ‑ Exception ‑ Certain fences not considered obstructions ‑ Obstructions and traffic safety hazards - Penalty |
| 24-06-29 |
Removal of permanent obstructions ‑ Removal of obstructions and traffic safety hazards - Cost |
| 24-06-30 |
Removal of fences ‑ Notice ‑ Cost |
| 24-06-31 |
Obstructions in highway |
| 24-06-32 |
Penalty for refusal to serve as road overseer |
| 24-06-33 |
Method of construction of highway ditches |
| 24-06-34 |
Notice to water resource districts |
Chapter 24-07 - Opening and Vacating Highways
| Section |
Section Name |
| 24-07-01 |
Public roads by prescription |
| 24-07-02 |
Established roads are public highways |
| 24-07-03 |
Section lines considered public roads open for public travel ‑ Closing same under certain conditions |
| 24-07-03.1 |
Improvement of section line by landowner |
| 24-07-04 |
Jurisdiction of proceedings to open or vacate highway |
| 24-07-05 |
Petition for laying out, altering, or discontinuing roads |
| 24-07-06 |
Public road may be established to give access to highway |
| 24-07-07 |
Survey of proposed road ‑ Deviation from petition |
| 24-07-08 |
State land subject to chapter |
| 24-07-09 |
Copy of petition to be posted |
| 24-07-10 |
Notice to all parties to be given ‑ What deemed to be notices |
| 24-07-11 |
When notice dispensed with |
| 24-07-12 |
Petition must be filed with county auditor |
| 24-07-13 |
Examination of proposed highway |
| 24-07-14 |
Proceedings when road is laid out, altered, or discontinued |
| 24-07-15 |
Order or certified copy ‑ Competent evidence |
| 24-07-16 |
Damages ‑ How ascertained |
| 24-07-17 |
When damages not allowed |
| 24-07-18 |
Determination final for one year |
| 24-07-19 |
Notice to party to remove fences |
| 24-07-20 |
Notice to overseer of highways |
| 24-07-21 |
Repair of highways across railroads, canals, or ditches |
| 24-07-22 |
Appeals ‑ When and where taken |
| 24-07-23 |
Appeals ‑ How taken ‑ Notice ‑ Bond |
| 24-07-24 |
Appeals ‑ Filing ‑ Approval of undertaking ‑ Service |
| 24-07-25 |
Trial in county court |
| 24-07-26 |
Trial in district court |
| 24-07-27 |
Scope of review upon appeal |
| 24-07-28 |
Judgment ‑ Copy filed |
| 24-07-29 |
Costs of appeal |
| 24-07-30 |
When appeal sustained ‑ Duty of the board |
| 24-07-31 |
Nonuse for ten years will vacate highway |
| 24-07-32 |
Highways on county and township lines |
| 24-07-33 |
Public lands ‑ Damages |
| 24-07-34 |
Roads on lines between township and city |
| 24-07-35 |
Designation of minimum maintenance road |
| 24-07-36 |
Required signs on minimum maintenance roads |
| 24-07-37 |
Limitations on designation of minimum maintenance roads |
Chapter 24-08 - Bridges
| Section |
Section Name |
| 24-08-01 |
Construction of bridges by board of county commissioners ‑ Bids ‑ Rejection |
| 24-08-02 |
Expense of bridge ‑ How paid |
| 24-08-02.1 |
County to furnish and pay for culverts on township roads |
| 24-08-03 |
Bridges ‑ Supervision, repairs, bids, signs ‑ Liability |
| 24-08-04 |
Bridges part of highway |
| 24-08-05 |
Petition for bridges across navigable rivers |
| 24-08-06 |
Board of county commissioners may act with representatives of other governmental agency |
| 24-08-07 |
Issuance of bonds to meet expenses of construction of bridge |
| 24-08-08 |
Bridge funds to be turned over to city |
| 24-08-09 |
Cost of bridge limited |
| 24-08-10 |
Counties or municipalities may assist in constructing bridge |
| 24-08-11 |
Plans for bridge when state aid is used in paying cost |
| 24-08-12 |
Bridge across Yellowstone River in McKenzie County |
| 24-08-13 |
Liberty memorial bridge |
Chapter 24-09 - Railroad Crossings
| Section |
Section Name |
| 24-09-01 |
Definitions |
| 24-09-01.1 |
Standard railroad crossing warning systems ‑ Survey for additional warning systems |
| 24-09-02 |
Uniform warning systems at railroad crossings |
| 24-09-03 |
Railroads to establish signs |
| 24-09-04 |
Advance warning signs ‑ Exceptions |
| 24-09-05 |
Stop signs may be required |
| 24-09-06 |
Vehicles carrying school children, passengers for hire, or explosives must stop at railroad crossing |
| 24-09-07 |
Speed limit at railroad crossing |
| 24-09-08 |
Additional safeguards at crossings may be required |
| 24-09-08.1 |
Department of transportation to apportion cost ‑ Exception |
| 24-09-09 |
Warning devices must be approved by department of transportation |
| 24-09-10 |
Changing or closing railroad crossing ‑ Power of public service commission ‑ Hearing |
| 24-09-11 |
Overhead and underground railroad crossings may be required |
| 24-09-12 |
Advertising signs not to obstruct or resemble crossing signs |
| 24-09-13 |
Injuring crossing signs ‑ Penalty |
| 24-09-14 |
Failure to stop at crossing does not affect right to recover for injuries ‑ Penalty |
Chapter 24-10 - Cattle Guards and Gateways
| Section |
Section Name |
| 24-10-01 |
Cattle guards ‑ How permitted |
| 24-10-02 |
Cattle guards ‑ Construction ‑ Maintenance ‑ Effect |
| 24-10-03 |
Leaving gates open ‑ Penalty |
| 24-10-04 |
Cattle guards may be ordered removed |
| 24-10-05 |
County and townships exercise joint authority |
| 24-10-06 |
Cattle ways under highways |
| 24-10-07 |
Failure to keep cattle way in repair |
| 24-10-08 |
Board may prescribe regulations |
Chapter 24-11 - Ferries [Repealed]
Chapter 24-12 - Miscellaneous Provisions
| Section |
Section Name |
| 24-12-01 |
Injuries to highways |
| 24-12-02 |
Obstructing highways |
| 24-12-03 |
Garbage deposited on highways |
| 24-12-04 |
Injury to mileboards, guideposts, traffic‑control signals, signs, or markings |
| 24-12-04.1 |
Rewards authorized |
| 24-12-05 |
Penalties |
| 24-12-06 |
Penalty for running tollgate |
Chapter 24-13 - Wartime Provisions [Repealed]
Chapter 24-14 - Public Safety Division [Repealed]
Chapter 24-15 - Temporary Roadblocks
Chapter 24-16 - Establishment of Junkyards Adjacent to Highways
| Section |
Section Name |
| 24-16-01 |
Legislative intent |
| 24-16-02 |
Definitions |
| 24-16-03 |
Establishment of junkyards and automobile graveyards ‑ Limitation |
| 24-16-04 |
Effect on existing junkyards ‑ Orders of commissioner ‑ Reimbursement |
| 24-16-05 |
Order to remove junkyard |
| 24-16-06 |
Time limitation for removal |
| 24-16-07 |
Compensation for removal |
| 24-16-08 |
Acquisition of lands |
| 24-16-09 |
Director to enforce rules |
| 24-16-10 |
Administrative order retroactive |
| 24-16-11 |
Certain junkyards allowed |
| 24-16-12 |
Penalty |
Chapter 24-17 - Advertising Adjacent to Highways
Chapter 24-18 - Limited Transportation Network
| Section |
Section Name |
| 24-18-01 |
Primary network |
| 24-18-02 |
Process for modification |
| 24-18-03 |
Advisory committee |
| 24-18-04 |
Conditional approval for interstate highway system within North Dakota |
| 24-18-05 |
Authority to establish truck axle configuration and weight limits associated with the one hundred twenty‑nine thousand pound network |
| 24-18-06 |
Preservation of existing truck weight provisions |
Title 25 - Mental and Physical Illness or Disability
Chapter 25-01 - General Provisions
| Section |
Section Name |
| 25-01-01 |
Definitions |
| 25-01-01.1 |
State council on developmental disabilities |
| 25-01-02 |
Transfer of patients between institutions |
| 25-01-02.1 |
Health council to investigate mental health of patients |
| 25-01-03 |
Supervising officer to appoint superintendent of institutions ‑ Salaries ‑ Removal |
| 25-01-04 |
Superintendent of each institution to qualify |
| 25-01-05 |
General powers and duties of superintendents of various institutions |
| 25-01-06 |
Duty of superintendent and the supervising officer in case of questionable commitment |
| 25-01-07 |
Salaries of officers and employees other than superintendent ‑ How fixed |
| 25-01-08 |
Discharge of subordinate officers and employees |
| 25-01-09 |
Officers of institutions to be furnished food supplies |
| 25-01-10 |
Supervising officer may accept gifts and bequests ‑ State treasurer to have custody of funds |
| 25-01-11 |
State treasurer to have custody of income from granted lands |
| 25-01-12 |
Drawing of funds ‑ Sale of lands ‑ Release of mortgages ‑ Appropriations limit power to contract |
| 25-01-13 |
Members of board and officers of institutions not to be interested in certain contracts |
| 25-01-14 |
Claim for or proceedings to recover money in inmates' or patients' fund ‑ Limitation |
| 25-01-15 |
Money remaining in inmates' or patients' personal accounts transferred to general welfare account of institution |
| 25-01-16 |
Treating patients cruelly ‑ Penalty |
| 25-01-17 |
Religious exercise of patient or resident under the care of the department of health and human services |
Chapter 25-01.1 - Institutional Management
| Section |
Section Name |
| 25-01.1-01 |
Definition of supervising department |
| 25-01.1-02 |
Heads of institutions responsible to supervising department |
| 25-01.1-03 |
Adopt uniform system of accounting |
| 25-01.1-04 |
Books and accounts kept by supervising department |
| 25-01.1-05 |
Blanks and forms furnished by supervising department |
| 25-01.1-06 |
Supervising department to have access to institutions and to books and records of institutions |
| 25-01.1-07 |
Rules or policies for procedure and administration of institutions |
| 25-01.1-08 |
Inspection of institutions |
| 25-01.1-09 |
Investigation of institutions ‑ Witnesses ‑ Fees ‑ Not excused from testifying |
| 25-01.1-10 |
Testimony taken at investigation transcribed and filed |
| 25-01.1-11 |
Failure to testify ‑ Contempt |
| 25-01.1-12 |
Report to governor any abuses and wrongs existing in institutions |
| 25-01.1-13 |
Supervising department to keep record of persons in institutions |
| 25-01.1-14 |
Entrance and discharge record of persons at institutions |
| 25-01.1-14.1 |
Heads of institutions ‑ Duty to appoint surrogate parents |
| 25-01.1-15 |
Supervising department to provide protection against fire ‑ Means of escape |
| 25-01.1-16 |
Inventory of stocks and supplies |
| 25-01.1-17 |
Moneys remitted to state treasurer |
| 25-01.1-18 |
Property of institution is property of state |
| 25-01.1-19 |
Funds belonging to institutions or patients to be paid to superintendent |
| 25-01.1-20 |
Care and custody of funds belonging to patients of state institutions |
| 25-01.1-21 |
Property of patients to be returned |
| 25-01.1-22 |
Estimate of expenditures of institutions presented to supervising department and office of management and budget ‑ Revision |
| 25-01.1-23 |
Office of management and budget to advertise for bids for supplies ‑ State firm given preference |
| 25-01.1-24 |
Contract for supplies sent to institution |
| 25-01.1-25 |
Office of management and budget may purchase supplies on open market |
| 25-01.1-26 |
Bill presented to institution ‑ Form ‑ Thirty days allowed to pay for supplies |
| 25-01.1-27 |
Rules for purchase of supplies ‑ Jobbers to file address with office of management and budget or institutions |
| 25-01.1-28 |
Supplies of institutions ‑ Duties of officers |
| 25-01.1-29 |
Shortage in supplies ‑ Liability of officer in charge |
| 25-01.1-30 |
Monthly statement of institutional expenditures and payroll to supervising department |
| 25-01.1-31 |
Audit of monthly statements of expenditures ‑ Abstracts of statement ‑ Payment |
| 25-01.1-32 |
Examination of monthly payroll ‑ Payment |
| 25-01.1-33 |
Use of patient labor in erection or repair of buildings of institutions |
| 25-01.1-34 |
Supervising department, employees, or employees of institutions not to be interested in contracts |
| 25-01.1-35 |
Members of supervising department and officers and employees of institutions prohibited from accepting gifts ‑ Penalty |
| 25-01.1-36 |
Employees ‑ Penalty for influencing appointment |
| 25-01.1-37 |
Political influence or contribution by members of supervising department or employees of institution prohibited |
| 25-01.1-38 |
Child welfare ‑ Powers and duties of supervising department |
Chapter 25-01.2 - Developmental Disability
| Section |
Section Name |
| 25-01.2-01 |
Definitions |
| 25-01.2-02 |
Appropriate treatment, services, and habilitation ‑ Treatment in least restrictive appropriate setting |
| 25-01.2-03 |
Presumption of incompetence prohibited ‑ Discrimination prohibited ‑ Deprivation of constitutional, civil, or legal rights prohibited |
| 25-01.2-04 |
Communication rights |
| 25-01.2-05 |
Personal property |
| 25-01.2-06 |
Labor ‑ Wages ‑ Money |
| 25-01.2-07 |
Medical and dental services ‑ Application to residential institution or facility |
| 25-01.2-08 |
Medication ‑ Chemical restraints |
| 25-01.2-09 |
Punishment ‑ Seclusion ‑ Restraints ‑ Psychosurgery ‑ Sterilization ‑ Shock treatment |
| 25-01.2-10 |
Seclusion or physical restraint ‑ Administrator to be notified |
| 25-01.2-11 |
Psychosurgery, sterilization, or research ‑ Court order required ‑ Hearing ‑ Right to attorney at public expense |
| 25-01.2-12 |
Diet |
| 25-01.2-13 |
Education |
| 25-01.2-14 |
Individualized habilitation, person‑centered service, or individual education plan ‑ Contents |
| 25-01.2-15 |
Right to refuse services |
| 25-01.2-16 |
Notice of rights |
| 25-01.2-17 |
Enforcement of rights |
| 25-01.2-18 |
Authority to adopt rules |
Chapter 25-01.3 - Committee on Protection and Advocacy
| Section |
Section Name |
| 25-01.3-01 |
Definitions |
| 25-01.3-02 |
Committee on protection and advocacy |
| 25-01.3-03 |
Director ‑ Administrative authority |
| 25-01.3-04 |
Reporting of abuse, neglect, or exploitation ‑ Immunity for good‑faith reports |
| 25-01.3-05 |
Retaliation ‑ Presumptions ‑ Penalty |
| 25-01.3-06 |
Authority of project ‑ Annual report |
| 25-01.3-07 |
Access to records, facilities, and persons ‑ Rules |
| 25-01.3-08 |
Investigation of reports and complaints |
| 25-01.3-09 |
Conflict of interest |
| 25-01.3-10 |
Confidentiality and privileged information |
| 25-01.3-11 |
Refusal of services ‑ Alternatives |
| 25-01.3-12 |
Penalties |
Chapter 25-02 - State Hospital
| Section |
Section Name |
| 25-02-01 |
State hospital for the mentally ill ‑ Location ‑ Title ‑ Administration and control |
| 25-02-01.1 |
Maintenance of state hospital accreditation ‑ Governing body membership ‑ Authority |
| 25-02-02 |
Additional hospital for mentally ill located at Rugby |
| 25-02-03 |
Object of state hospital |
| 25-02-03.1 |
Collaborative care ‑ Consultation services |
| 25-02-04 |
Superintendent to possess certain qualifications ‑ Medical director ‑ Employees |
| 25-02-05 |
Superintendent to furnish forms and bylaws to county mental health boards |
| 25-02-05.1 |
Specialists |
| 25-02-06 |
Nonresidents admitted to state hospital |
| 25-02-06.1 |
Disposition of nonresidents ‑ Exceptions ‑ Reciprocal agreements |
| 25-02-07 |
Disposition of mentally ill nonresident |
| 25-02-08 |
Expense for care of patient |
| 25-02-09 |
Care of patients to be impartial |
| 25-02-10 |
Attorney general to bring action against county |
| 25-02-11 |
County mental health board ‑ Members, appointment, term, quorum |
| 25-02-12 |
Oath required of appointive members |
| 25-02-13 |
Meetings of county mental health board |
| 25-02-14 |
Duties of chairman of county mental health board |
| 25-02-15 |
Absence of member of county mental health board ‑ Substitute |
| 25-02-16 |
Powers of county mental health board |
| 25-02-17 |
Compensation and expenses of county mental health board |
| 25-02-18 |
Nonliability of certain officers for detention of mentally ill persons |
Chapter 25-03 - Custody and Release of the Mentally Ill [Repealed]
Chapter 25-03.1 - Commitment Procedures
| Section |
Section Name |
| 25-03.1-01 |
Legislative intent |
| 25-03.1-02 |
Definitions |
| 25-03.1-03 |
Jurisdiction |
| 25-03.1-03.1 |
Disclosure of health information |
| 25-03.1-04 |
Screening and admission to a public treatment facility |
| 25-03.1-05 |
Discharge of voluntary patients |
| 25-03.1-06 |
Right to release on application ‑ Exception ‑ Judicial proceedings |
| 25-03.1-07 |
Involuntary admission standards |
| 25-03.1-08 |
Application to state's attorney or retained attorney ‑ Petition for involuntary treatment ‑ Investigation by mental health professional |
| 25-03.1-09 |
Review of petition for involuntary treatment ‑ Probable cause established ‑ Respondent notified ‑ Rights |
| 25-03.1-10 |
Involuntary treatment ‑ Court‑ordered examination |
| 25-03.1-10.1 |
Use of telemedicine technology authorized |
| 25-03.1-11 |
Involuntary treatment ‑ Examination ‑ Report |
| 25-03.1-11.1 |
Combination of preliminary and treatment hearings |
| 25-03.1-12 |
Notice of hearings |
| 25-03.1-13 |
Right to counsel ‑ Indigency ‑ Waiver ‑ Recoupment ‑ Limitations |
| 25-03.1-14 |
Duty of state's attorney in court proceedings |
| 25-03.1-15 |
Respondent's attendance at hearings |
| 25-03.1-16 |
Medication pending treatment order |
| 25-03.1-17 |
Involuntary treatment ‑ Right to preliminary hearing |
| 25-03.1-18 |
Involuntary treatment ‑ Release |
| 25-03.1-18.1 |
Court‑authorized involuntary treatment with prescribed medication |
| 25-03.1-18.2 |
Guardian consent to involuntary treatment with prescribed medication |
| 25-03.1-19 |
Involuntary treatment hearing |
| 25-03.1-20 |
Involuntary treatment hearing ‑ Findings and dispositions |
| 25-03.1-21 |
Involuntary treatment order ‑ Alternatives to hospitalization ‑ Noncompliance with alternative treatment order ‑ Emergency detention by certain professionals ‑ Application for continuing treatment order |
| 25-03.1-22 |
Length of involuntary and continuing treatment orders |
| 25-03.1-23 |
Petition for continuing treatment orders |
| 25-03.1-24 |
Right to treat |
| 25-03.1-25 |
Detention or hospitalization ‑ Emergency procedure |
| 25-03.1-26 |
Emergency procedure ‑ Acceptance of petition and individual ‑ Notice ‑ Court hearing set |
| 25-03.1-27 |
Notice and statement of rights |
| 25-03.1-28 |
Records and proceedings |
| 25-03.1-29 |
Appeal |
| 25-03.1-30 |
Discharge of hospitalized patient ‑ Transfer to alternative treatment ‑ Termination of alternative treatment |
| 25-03.1-31 |
Procedure to extend continuing treatment orders ‑ Respondent's right to petition for discharge |
| 25-03.1-32 |
Periodic hearing and petition for discharge ‑ Continuing hospitalization |
| 25-03.1-33 |
Legal incompetence ‑ Presumption ‑ Finding ‑ Adjudication negated |
| 25-03.1-34 |
Transfer of patients |
| 25-03.1-34.1 |
Exchange of individuals with a substance use disorder |
| 25-03.1-34.2 |
Interstate contracts for treatment of mental illness or a substance use disorder |
| 25-03.1-35 |
Treatment by an agency of the United States |
| 25-03.1-36 |
Escape of patient from treatment facility |
| 25-03.1-37 |
Reports to and additional powers of department |
| 25-03.1-38 |
Expenses of district court serving Stutsman County |
| 25-03.1-39 |
Transportation ‑ Expenses |
| 25-03.1-40 |
Rights of patients |
| 25-03.1-41 |
Limitations and restrictions of patient's rights |
| 25-03.1-42 |
Limitation of liability ‑ Penalty for false petition |
| 25-03.1-43 |
Confidential records |
| 25-03.1-44 |
Records of disclosure |
| 25-03.1-45 |
Expungement of records |
| 25-03.1-46 |
Rules and regulations ‑ Preparation of forms |
Chapter 25-03.2 - Residential Treatment Centers for Children
Chapter 25-03.3 - Commitment of Sexually Dangerous Individuals
Chapter 25-04 - Care of Developmentally Disabled
| Section |
Section Name |
| 25-04-00.1 |
Definitions |
| 25-04-01 |
Life skills and transition center ‑ Name ‑ Administration and control |
| 25-04-01.1 |
Life skills and transition center to be substituted for developmental center at westwood park, Grafton |
| 25-04-02 |
Purpose of life skills and transition center (Effective through June 30, 2027) |
| 25-04-02.1 |
Accreditation of life skills and transition center |
| 25-04-02.2 |
Institutional sale of services ‑ Budget section approval |
| 25-04-03 |
Qualifications of superintendent |
| 25-04-03.1 |
Biennial report ‑ Assistant superintendent |
| 25-04-04 |
Who may receive benefits of life skills and transition center |
| 25-04-04.1 |
Program management for an individual |
| 25-04-05 |
Qualifications for accessing services provided by life skills and transition center ‑ Educational or related services without charge for individuals twenty‑one years of age and under |
| 25-04-05.1 |
Transfer of individuals ‑ Visiting privileges ‑ Release and placement of individuals |
| 25-04-05.2 |
San haven ‑ Transportation costs ‑ Payment limited |
| 25-04-06 |
Juvenile court order for assessment of dependent, neglected, or delinquent child with developmental disability ‑ Appeal |
| 25-04-07 |
Disabled defendants |
| 25-04-08 |
Discharge of an individual from life skills and transition center |
| 25-04-08.1 |
Notification before discharge |
| 25-04-09 |
Expense for care of inmates to be charge upon county ‑ County to remit to state treasurer |
| 25-04-10 |
Transfer of inmate of state school when person legally responsible for support moves to another state |
| 25-04-11 |
Disposition of individual who is not a legal resident |
| 25-04-11.1 |
Admission and disposition of nonresidents ‑ Reciprocal agreements |
| 25-04-11.2 |
Liability for care and treatment of nonresident individuals served |
| 25-04-12 |
Electric power may be furnished to city of Dunseith from state school power plant |
| 25-04-13 |
Guardianship of person and estate ‑ Superintendent and director of institutions to act as guardians in lieu of court appointment or assumption by parent |
| 25-04-13.1 |
Guardianship ‑ Superintendent to act as guardian |
| 25-04-14 |
Expenses chargeable against individual or individual's estate ‑ Filing claims |
| 25-04-15 |
Expenses chargeable against guardianship estate of individual served ‑ Restrictions |
| 25-04-15.1 |
Statute of limitations not bar to recovery |
| 25-04-16 |
Waiver of payment ‑ Use of income tax data ‑ Confidentiality ‑ Definition |
| 25-04-17 |
Reduction or writeoff of accounts ‑ Report to legislative audit and fiscal review committee |
| 25-04-18 |
Limitations of this chapter |
| 25-04-19 |
Quality assurance review committees ‑ Reports ‑ Immunity |
| 25-04-20 |
Westwood park assets management committee |
Chapter 25-04.1 - Recommendation for Sterilization [Repealed]
Chapter 25-05 - Care of Tubercular Persons [Repealed]
Chapter 25-06 - Education of Blind Persons
| Section |
Section Name |
| 25-06-01 |
North Dakota vision services ‑ school for the blind ‑ Maintained ‑ Location |
| 25-06-01.1 |
Definitions |
| 25-06-02 |
Duties and responsibilities of North Dakota vision services ‑ school for the blind |
| 25-06-02.1 |
North Dakota vision services ‑ school for the blind ‑ Appointment of superintendent, budget, staff, and reporting structure |
| 25-06-02.2 |
Superintendent ‑ Special duties |
| 25-06-03 |
Superintendent to possess certain qualifications |
| 25-06-03.1 |
Criminal history record checks |
| 25-06-04 |
Qualifications for admission to school for the blind ‑ Residents of state entitled to free education |
| 25-06-05 |
Services to nonresidents |
| 25-06-06 |
Transportation of indigent persons |
| 25-06-07 |
Instruction at school for the blind |
| 25-06-08 |
Accounts for clothing ‑ How collected |
| 25-06-09 |
Blind persons ‑ Duty to report |
| 25-06-10 |
Purchase and resale of vision‑specific adaptive aids, devices, and appliances ‑ Revolving fund ‑ Continuing appropriation |
| 25-06-11 |
School for the blind fund |
Chapter 25-07 - Education of Deaf Persons
| Section |
Section Name |
| 25-07-01 |
School for the deaf ‑ Maintained ‑ Location ‑ Purpose |
| 25-07-01.1 |
School for the deaf ‑ Appointment of superintendent, budget, staff, and reporting structure |
| 25-07-02 |
Superintendent ‑ Special duties |
| 25-07-02.1 |
Criminal history record checks |
| 25-07-03 |
Matron ‑ Duties |
| 25-07-04 |
Qualifications for admission to school for the deaf ‑ Residents of state entitled to free education |
| 25-07-05 |
Admission of nonresidents |
| 25-07-06 |
Instruction at school for the deaf |
| 25-07-07 |
Transportation of indigent children to and from school for deaf |
| 25-07-08 |
Clothing may be furnished when necessary ‑ Accounts for clothing |
| 25-07-09 |
Collection of clothing account |
| 25-07-10 |
Deaf persons ‑ Duty to report |
| 25-07-11 |
Home intervention program |
| 25-07-12 |
Provision of services ‑ Collaboration ‑ Competition |
| 25-07-13 |
School for the deaf fund |
Chapter 25-08 - Expense and Care of Patients [Repealed]
Chapter 25-09 - Expenses of Care and Treatment of Patients [Repealed]
Chapter 25-10 - Mental Health Services [Repealed]
Chapter 25-11 - Interstate Mental Health Compact
| Section |
Section Name |
| 25-11-01 |
Enactment of interstate compact on mental health |
| 25-11-02 |
Compact administrator ‑ Powers |
| 25-11-03 |
Power to make supplementary agreements ‑ Limitation |
| 25-11-04 |
Discharge of financial obligations |
| 25-11-05 |
Transfer of patients ‑ Approval of court |
| 25-11-06 |
Transmission of copies of chapter |
Chapter 25-12 - Mental Health and Retardation Service Units [Repealed]
Chapter 25-13 - Blind and Disabled Persons' Activities
| Section |
Section Name |
| 25-13-01 |
Legislative policy |
| 25-13-01.1 |
Definitions |
| 25-13-02 |
Individual with a disability ‑ Service animal ‑ Admission to public places |
| 25-13-02.1 |
Trainer and a service animal in training ‑ Admission to public places |
| 25-13-02.2 |
Service animal ‑ Misrepresentation ‑ Penalty |
| 25-13-03 |
Driver of motor vehicle ‑ Precaution ‑ Individual with service animal |
| 25-13-04 |
Penalty for interfering or denying use of facilities |
| 25-13-05 |
State employment of individuals who are blind or otherwise disabled |
| 25-13-06 |
Killing or injury of service animal ‑ Penalty |
Chapter 25-14 - Interstate Compact on Mentally Disordered Offenders
| Section |
Section Name |
| 25-14-01 |
Enactment of interstate compact on mentally disordered offenders |
| 25-14-02 |
Department of health and human services shall administer compact |
Chapter 25-15 - Sheltered Workshops for the Handicapped [Repealed]
Chapter 25-16 - Residential Care and Services for the Developmentally Disabled
| Section |
Section Name |
| 25-16-01 |
Definitions |
| 25-16-02 |
License required |
| 25-16-03 |
Requirements for license |
| 25-16-03.1 |
Conviction not bar to licensure ‑ Exceptions |
| 25-16-03.2 |
Corrective actions |
| 25-16-04 |
Inspection and report by department |
| 25-16-05 |
Content of license |
| 25-16-06 |
Department to prescribe forms ‑ Rules |
| 25-16-07 |
Confidential records |
| 25-16-08 |
Revocation of license |
| 25-16-09 |
Hearing on denial or revocation of license |
| 25-16-10 |
Purchase of services |
| 25-16-10.1 |
Maximum annual return on investment |
| 25-16-11 |
Funds of state department of human services for purchasing residential care, custody, treatment, and education for developmentally disabled persons |
| 25-16-12 |
Efforts to obtain private and governmental grants |
| 25-16-13 |
Expenses chargeable against eligible individual, eligible individual's estate, or responsible relatives |
| 25-16-14 |
Group homes for individuals with developmental disabilities ‑ Zoning |
| 25-16-15 |
Depreciation recapture on the sale of fixed assets |
| 25-16-16 |
Owner compensation for services provided |
| 25-16-17 |
Purchase of services - Host home program |
| 25-16-18 |
Federal requirements - Supremacy |
Chapter 25-16.1 - Receivers for Developmentally Disabled Facilities
Chapter 25-16.2 - Work Activity Center Contract Awards
Chapter 25-17 - Testing and Treatment of Newborns
| Section |
Section Name |
| 25-17-00.1 |
Definitions |
| 25-17-01 |
Newborn screening education programs and tests |
| 25-17-02 |
Rulemaking requirement |
| 25-17-02.1 |
Testing and reporting requirements |
| 25-17-03 |
Treatment for positive diagnosis ‑ Registry of cases |
| 25-17-04 |
Testing and reporting requirements |
| 25-17-05 |
Testing charges |
| 25-17-06 |
Pulse oximetry screening for critical congenital heart defects - Exception |
| 25-17-07 |
Institutional review board |
Chapter 25-18 - Fee for Service Ratesetting for Developmentally Disabled Facilities [Repealed]
Title 26 - Insurance
Title 26 - Insurance
Title 26.1 - Insurance
Chapter 26.1-01 - Insurance Commissioner
| Section |
Section Name |
| 26.1-01-01 |
Commissioner defined |
| 26.1-01-02 |
Commissioner ‑ Seal ‑ Employment of deputy and assistants |
| 26.1-01-03 |
Duties of commissioner |
| 26.1-01-03.1 |
Cease and desist authority ‑ Hearing ‑ Failure to appear |
| 26.1-01-03.2 |
Injunctive authority |
| 26.1-01-03.3 |
Penalty for violation of title |
| 26.1-01-04 |
Service of process upon commissioner ‑ Procedure |
| 26.1-01-05 |
Reporting and review of medical malpractice claims, settlements, and judgments |
| 26.1-01-06 |
Reporting of statistical data regarding legal malpractice claims, settlements, and judgments |
| 26.1-01-07 |
Fees chargeable by commissioner |
| 26.1-01-07.1 |
Insurance regulatory trust fund established |
| 26.1-01-07.2 |
Insurance regulatory trust fund investment |
| 26.1-01-07.3 |
Cash flow financing |
| 26.1-01-07.4 |
Group health care coverage ‑ Cooperative agreement allowed |
| 26.1-01-07.5 |
Fire district maps ‑ Insurance applications to show fire district in which property is located ‑ Penalty |
| 26.1-01-07.6 |
Medicare provider‑sponsored organizations |
| 26.1-01-08 |
Rulemaking ‑ Administrative procedure ‑ Appeal from commissioner's decision |
| 26.1-01-08.1 |
Electronic filings allowed |
| 26.1-01-09 |
Salary of commissioner |
| 26.1-01-10 |
General penalty |
| 26.1-01-11 |
Prescription drug assistance |
Chapter 26.1-02 - General Provisions
| Section |
Section Name |
| 26.1-02-01 |
Definitions |
| 26.1-02-01.1 |
Definition of limited benefit policy ‑ Application |
| 26.1-02-02 |
Duty of commissioner before granting or renewing certificate of authority |
| 26.1-02-03 |
Inquiry into condition of company ‑ Information supplied to commissioner ‑ Penalty |
| 26.1-02-04 |
Company controlled by foreign government prohibited ‑ Penalty |
| 26.1-02-05 |
Unauthorized insurance prohibited ‑ Exceptions |
| 26.1-02-05.1 |
Group life and health insurance trust filing ‑ Exemption requirements |
| 26.1-02-05.2 |
Nonprofit agricultural membership organizations |
| 26.1-02-06 |
Insurance transactions defined ‑ Venue |
| 26.1-02-07 |
Unauthorized contracts valid |
| 26.1-02-08 |
Liability of unauthorized company |
| 26.1-02-09 |
Restraint of violations ‑ Jurisdiction |
| 26.1-02-10 |
Agent for service of process ‑ Unauthorized company |
| 26.1-02-11 |
Service of process ‑ How made |
| 26.1-02-12 |
Pleading by unauthorized insurance company ‑ When permitted |
| 26.1-02-13 |
Enforcement of decisions or orders |
| 26.1-02-14 |
List of reciprocal states |
| 26.1-02-15 |
Filing and status of foreign decrees |
| 26.1-02-16 |
Verification ‑ Notice of filing |
| 26.1-02-17 |
Enforcement of foreign decrees ‑ Time limit |
| 26.1-02-18 |
Stay of enforcement |
| 26.1-02-19 |
Fees |
| 26.1-02-20 |
Reinsurance permitted ‑ Limitations |
| 26.1-02-21 |
Reinsurance ‑ Treatment upon insolvency, liquidation, or dissolution |
| 26.1-02-22 |
Accepting reinsurance of unauthorized company prohibited |
| 26.1-02-23 |
Revocation of company's authority to do business in this state |
| 26.1-02-24 |
Copy of revocation to be mailed to company ‑ Company to discontinue business ‑ Setting aside of revocation |
| 26.1-02-24.1 |
Definition |
| 26.1-02-24.2 |
Immunity from liability |
| 26.1-02-24.3 |
Insurance counseling programs ‑ Volunteers ‑ Immunity from liability |
| 26.1-02-25 |
Penalty |
| 26.1-02-26 |
Accounting practices and procedures manual |
| 26.1-02-27 |
Disclosing nonpublic personal information |
| 26.1-02-28 |
Child support insurance data match |
| 26.1-02-29 |
Compliance with federal law |
| 26.1-02-30 |
Consumer assistance records ‑ Confidential |
| 26.1-02-31 |
Confidentiality of complaint information ‑ Exceptions |
| 26.1-02-32 |
Electronic notices and documents |
| 26.1-02-33 |
Posting policy on internet |
| 26.1-02-34 |
Rules of interpretation |
Chapter 26.1-02.1 - Insurance Fraud
Chapter 26.1-02.2 - Insurance Data Security
Chapter 26.1-03 - Examinations, Reports, and Tax
| Section |
Section Name |
| 26.1-03-01 |
Limitation on risks acceptable by company |
| 26.1-03-02 |
Valuation of securities held by company |
| 26.1-03-02.1 |
Valuation of securities and other investments |
| 26.1-03-03 |
Cooperative and assessment life associations ‑ Valuation of policies |
| 26.1-03-04 |
Assets required of cooperative and assessment life associations |
| 26.1-03-05 |
Surplus of life insurance company doing business on mutual plan apportioned annually |
| 26.1-03-06 |
Life insurance company may maintain contingency reserve ‑ Limitations |
| 26.1-03-07 |
Annual statement to be filed |
| 26.1-03-08 |
Statements of receiver of company |
| 26.1-03-09 |
Statements to be verified by specified officers ‑ Duty of commissioner to distribute information |
| 26.1-03-10 |
Publication of abstract of annual statement and certificate of authority |
| 26.1-03-11 |
Fire companies to report statistical data ‑ Failure to report ‑ Exceptions to reporting requirements ‑ Penalty |
| 26.1-03-11.1 |
Insurance company annual statements ‑ Filed with national association of insurance commissioners |
| 26.1-03-11.2 |
Immunity of national association of insurance commissioners' employees |
| 26.1-03-11.3 |
Confidentiality |
| 26.1-03-11.4 |
Market conduct annual statement |
| 26.1-03-12 |
Definition of product liability insurance |
| 26.1-03-13 |
Reporting of product liability information |
| 26.1-03-14 |
Confidentiality of product liability information reports |
| 26.1-03-15 |
Limitation of liability |
| 26.1-03-16 |
Penalty for not making statement |
| 26.1-03-17 |
Commissioner to collect premium tax ‑ Insurance companies generally ‑ Computation ‑ Credits ‑ Penalty ‑ Estimated tax |
| 26.1-03-18 |
Insurance or surety company to file statement of business done before authorization and to pay tax |
| 26.1-03-19 |
Examination of companies ‑ Times ‑ Expense |
| 26.1-03-19.1 |
Examination of companies ‑ Definitions |
| 26.1-03-19.2 |
Authority, scope, and scheduling of examinations |
| 26.1-03-19.3 |
Conduct of examinations |
| 26.1-03-19.4 |
Examination reports |
| 26.1-03-19.5 |
Conflict of interest |
| 26.1-03-19.6 |
Cost of examinations |
| 26.1-03-19.7 |
Immunity from liability |
| 26.1-03-19.8 |
Data calls |
| 26.1-03-20 |
Examinations ‑ By whom conducted ‑ Compensation to be paid into insurance regulatory trust fund |
| 26.1-03-21 |
Powers of commissioner or person making an examination |
| 26.1-03-22 |
State auditor to make examination when commissioner is disqualified |
Chapter 26.1-03.1 - Risk-Based Capital Reports
Chapter 26.1-03.2 - Risk-Based Capital for Health Organizations
Chapter 26.1-04 - Prohibited Practices in Insurance Business
| Section |
Section Name |
| 26.1-04-01 |
Limitation on right to engage in trade |
| 26.1-04-02 |
Unfair methods of competition or unfair and deceptive acts or practices prohibited |
| 26.1-04-03 |
Unfair methods of competition and unfair or deceptive acts or practices defined |
| 26.1-04-04 |
Coercing purchaser or borrower to insure with particular company or insurance producer prohibited |
| 26.1-04-05 |
Discrimination by life insurance companies and rebates and inducements by insurance producers prohibited |
| 26.1-04-05.1 |
Visual acuity prohibited as factor in life or accident and sickness contracts |
| 26.1-04-06 |
Insured persons and applicants for insurance prohibited from accepting rebates ‑ Exception |
| 26.1-04-07 |
Misrepresentation of terms of policy and future dividends prohibited |
| 26.1-04-08 |
Rulemaking |
| 26.1-04-09 |
Authority of commissioner |
| 26.1-04-10 |
State's attorney to prosecute for discrimination or misrepresentation |
| 26.1-04-11 |
Immunity from prosecution |
| 26.1-04-12 |
Hearing |
| 26.1-04-13 |
Orders and modifications |
| 26.1-04-14 |
Penalty |
| 26.1-04-15 |
Judicial review by intervenor |
| 26.1-04-16 |
Penalty for violating provisions relating to misrepresentation and discrimination |
| 26.1-04-17 |
Revocation or suspension of insurance producer's license for misrepresentation or discrimination |
| 26.1-04-18 |
Order does not relieve from other liability |
| 26.1-04-19 |
Chapter additional to existing law |
Chapter 26.1-05 - Organization and Operation of Domestic Companies
| Section |
Section Name |
| 26.1-05-01 |
General powers and duties of domestic company |
| 26.1-05-02 |
Organization of domestic stock company ‑ Number of persons required ‑ Authorized lines |
| 26.1-05-02.1 |
Authority to define products |
| 26.1-05-03 |
Organization of domestic mutual life company ‑ Number of organizers required |
| 26.1-05-04 |
Capital stock and surplus requirements of domestic stock company ‑ Exceptions |
| 26.1-05-05 |
Qualification of directors ‑ Residence requirements of directors and executive officers |
| 26.1-05-06 |
Articles of incorporation ‑ Contents ‑ Filing ‑ Company name |
| 26.1-05-07 |
Examination of articles by commissioner ‑ Certificate ‑ Filing |
| 26.1-05-07.1 |
Approval of the domestic insurer ‑ Premium waiver |
| 26.1-05-07.2 |
Effects of redomestication |
| 26.1-05-07.3 |
Conversion to foreign insurer |
| 26.1-05-08 |
Stock subscriptions |
| 26.1-05-09 |
Commissioner authorized to regulate solicitation of proxies |
| 26.1-05-10 |
Equity security defined |
| 26.1-05-11 |
Statement of ownership required |
| 26.1-05-12 |
Gains to benefit company ‑ Suit to recover |
| 26.1-05-13 |
Conditions of sale |
| 26.1-05-14 |
Exceptions |
| 26.1-05-15 |
Rulemaking authority ‑ Liability |
| 26.1-05-16 |
Capital stock reduced ‑ Examination and certificate of commissioner |
| 26.1-05-17 |
Transfer of stock pending examination ‑ Liability |
| 26.1-05-18 |
Investment of funds must be authorized by directors ‑ Prohibited investment practices |
| 26.1-05-19 |
Authorized investment of funds of insurance companies |
| 26.1-05-19.1 |
Call options ‑ Financial futures contracts |
| 26.1-05-20 |
Limitation on purchase and conveyance of real property |
| 26.1-05-21 |
Real property acquired by domestic company ‑ When sale required |
| 26.1-05-22 |
Liabilities of officers and directors of domestic company |
| 26.1-05-23 |
Domestic life insurance company to deposit securities with commissioner |
| 26.1-05-24 |
Commissioner may examine books and securities of domestic life insurance company |
| 26.1-05-25 |
Securities may be exchanged ‑ Withdrawal of securities |
| 26.1-05-26 |
Dividends on securities property of company |
| 26.1-05-27 |
Certificate of compliance with security deposit law ‑ Issuance ‑ Renewal ‑ Attachment to policies |
| 26.1-05-28 |
Securities vest in policyholders on default of domestic life insurance company |
| 26.1-05-29 |
Nonapplicability of reserve deposit provisions to fraternal benefit societies |
| 26.1-05-30 |
Disbursements by domestic life insurance company to be made on voucher ‑ Requirements |
| 26.1-05-31 |
Salaries and expenses of officers and agents of domestic life insurance company ‑ Restrictions |
| 26.1-05-32 |
Impairment of capital or surplus of domestic life insurance company ‑ Determination of deficiency ‑ Notice not to issue policies |
| 26.1-05-33 |
Dividends to be paid by domestic fire insurance company from surplus profits only ‑ Compensation |
| 26.1-05-34 |
Reciprocal states ‑ Restrictions on domestic companies ‑ Exceptions |
| 26.1-05-35 |
Participation in clearing corporations and book entry systems ‑ Rulemaking authority |
Chapter 26.1-06 - Takeover Bids for Domestic Companies
Chapter 26.1-06.1 - Insurance Company Rehabilitation and Liquidation
Chapter 26.1-06.2 - Administrative Supervision
Chapter 26.1-07 - Consolidation or Reinsurance of Domestic Companies
| Section |
Section Name |
| 26.1-07-01 |
Domestic companies ‑ Consolidation ‑ Reinsurance |
| 26.1-07-02 |
Petition for allowance of consolidation or reinsurance |
| 26.1-07-03 |
Profit by officer or employee prohibited |
| 26.1-07-04 |
Notice of petition for consolidation or reinsurance |
| 26.1-07-05 |
Commissioner to hear petition ‑ General duties |
| 26.1-07-05.1 |
Hearing on petition ‑ General duties of commissioner |
| 26.1-07-06 |
Commissioner may compel attendance of witnesses ‑ Policyholders and stockholders may appear |
| 26.1-07-07 |
Expenses paid by petitioner |
| 26.1-07-08 |
Insurance companies subject to dissolution provisions |
| 26.1-07-09 |
Grounds upon which commissioner may petition for dissolution of company ‑ Representation by attorney general |
| 26.1-07-10 |
Petition for dissolution of company when officer refuses to give information |
| 26.1-07-11 |
Preliminary hearing on petition ‑ Transfer of proceedings ‑ Bond |
| 26.1-07-12 |
Injunction against transaction of business ‑ Procedure ‑ Operation of company |
| 26.1-07-13 |
Commissioner to be appointed receiver |
| 26.1-07-14 |
Court may order liquidation of company ‑ Commissioner to direct liquidation ‑ Procedure |
| 26.1-07-15 |
Commissioner may appoint special deputies and employ counsel in receivership proceedings ‑ Compensation ‑ Powers |
| 26.1-07-16 |
Offset ‑ Limitations |
| 26.1-07-17 |
Priority of distribution of assets |
| 26.1-07-18 |
Powers and duties of commissioner and deputies in receivership proceedings ‑ Assessments ‑ Actions |
| 26.1-07-19 |
Receiver may not increase liabilities of company ‑ Exception |
| 26.1-07-20 |
Report of dissolutions and receivership made by commissioner |
| 26.1-07-21 |
Penalty |
Chapter 26.1-07.1 - Jurisdiction Over Providers of Health Care Benefits
Chapter 26.1-08 - Comprehensive Health Association
| Section |
Section Name |
| 26.1-08-01 |
Definitions (Repealed effective December 31, 2027) |
| 26.1-08-02 |
Duties of commissioner |
| 26.1-08-02.1 |
Board of directors (Repealed effective December 31, 2027) |
| 26.1-08-02.2 |
Powers and duties of commissioner and board ‑ Fees (Repealed effective December 31, 2027) |
| 26.1-08-03 |
Comprehensive health association |
| 26.1-08-03.1 |
Operation of the association (Repealed effective December 31, 2027) |
| 26.1-08-04 |
Association plan |
| 26.1-08-05 |
Minimum benefits of a qualified plan A |
| 26.1-08-06 |
Comprehensive benefit plan (Repealed effective December 31, 2027) |
| 26.1-08-06.1 |
Age sixty‑five and over and disabled supplement plans (Repealed effective December 31, 2027) |
| 26.1-08-07 |
Approval and filing of benefit plans (Repealed effective December 31, 2027) |
| 26.1-08-08 |
Benefit plan premium (Repealed effective December 31, 2027) |
| 26.1-08-09 |
Participating members (Repealed effective December 31, 2027) |
| 26.1-08-10 |
Administration of the association (Repealed effective December 31, 2027) |
| 26.1-08-11 |
Solicitation of eligible individuals (Repealed effective December 31, 2027) |
| 26.1-08-12 |
Eligibility (Repealed effective December 31, 2027) |
| 26.1-08-13 |
Termination of coverage (Repealed effective December 31, 2027) |
| 26.1-08-14 |
Exempt from premium tax (Repealed effective December 31, 2027) |
Chapter 26.1-08.1 - Cessation of Comprehensive Health Association
| Section |
Section Name |
| 26.1-08.1-01 |
Definitions (Repealed effective December 31, 2027) |
| 26.1-08.1-02 |
Cessation of operations (Repealed effective December 31, 2027) |
| 26.1-08.1-03 |
Board of directors (Repealed effective December 31, 2027) |
| 26.1-08.1-04 |
Enrollment of individuals losing creditable coverage (Repealed effective December 31, 2027) |
| 26.1-08.1-05 |
Statute of limitations (Repealed effective December 31, 2027) |
Chapter 26.1-09 - Reciprocal or Interinsurance Exchanges
| Section |
Section Name |
| 26.1-09-01 |
Reciprocal or interinsurance exchange authorized |
| 26.1-09-02 |
Domestic corporations have right to exchange contracts |
| 26.1-09-03 |
Reciprocal or interinsurance contracts ‑ Execution |
| 26.1-09-04 |
Subscribers to file verified declaration with commissioner ‑ Contents |
| 26.1-09-05 |
Attorney to file statement authorizing suit and consenting to service |
| 26.1-09-06 |
Consent to service of process ‑ Judgment ‑ Satisfaction |
| 26.1-09-07 |
Maximum indemnity on fire risk ‑ Statement of maximum liability on single risk |
| 26.1-09-08 |
Required assets ‑ Reserve fund |
| 26.1-09-09 |
Annual report ‑ Publication of annual statement ‑ Examination |
| 26.1-09-10 |
Attorney's license fee and gross premium tax in lieu of other taxes |
| 26.1-09-11 |
Appointment of insurance producers by attorney ‑ Insurance producer's license fee |
| 26.1-09-12 |
Certificate of authority ‑ Issuance ‑ Renewal ‑ Suspension and revocation |
| 26.1-09-13 |
Solicitation without certificate of authority ‑ Limitation |
| 26.1-09-14 |
General insurance laws not applicable |
| 26.1-09-15 |
Penalty |
Chapter 26.1-10 - Insurance Holding Company Systems
Chapter 26.1-10.1 - Asset and Agreement Reports
Chapter 26.1-10.2 - Own Risk and Solvency Assessments
Chapter 26.1-10.3 - Corporate Governance Annual Disclosure
Chapter 26.1-11 - Foreign Insurance Companies
| Section |
Section Name |
| 26.1-11-01 |
Conditions to be complied with by foreign company before transacting insurance business in state |
| 26.1-11-02 |
Liability of officers, agents, and stockholders of noncomplying foreign company ‑ Penalty |
| 26.1-11-03 |
Failure to comply with conditions renders contracts void on behalf of company ‑ Enforcement against company |
| 26.1-11-04 |
Foreign life company required to maintain funds or stop writing business ‑ Penalty |
| 26.1-11-05 |
Deposit required of foreign accident and health insurance company doing business on assessment plan |
| 26.1-11-06 |
Reciprocal penalties ‑ Retaliatory charges |
| 26.1-11-07 |
Countersignature requirement ‑ Commissions ‑ Reciprocity |
| 26.1-11-08 |
Grounds for revocation of authority of foreign company |
| 26.1-11-09 |
Procedure for suspension or revocation of foreign company's authority ‑ Effect |
| 26.1-11-10 |
Consent to service of process |
| 26.1-11-11 |
Consent to service of process ‑ Unauthorized insurance company |
| 26.1-11-12 |
Additional means of service |
| 26.1-11-13 |
Right of service not abridged |
| 26.1-11-14 |
Judgment by default ‑ Time of entry |
| 26.1-11-15 |
Defense of action by unauthorized company |
| 26.1-11-16 |
Court may order postponement |
| 26.1-11-17 |
Construction |
| 26.1-11-18 |
Attorney's fees |
| 26.1-11-19 |
Application |
Chapter 26.1-12 - Incorporated Mutual Insurance Companies
| Section |
Section Name |
| 26.1-12-01 |
Organization of mutual insurance company ‑ Minimum number of members |
| 26.1-12-02 |
Corporate name ‑ Restrictions |
| 26.1-12-03 |
Articles of incorporation ‑ Contents |
| 26.1-12-04 |
Articles of incorporation ‑ Filing ‑ Issuance of certificate |
| 26.1-12-05 |
Legal existence ‑ Adoption of bylaws ‑ Transaction of business |
| 26.1-12-06 |
Bylaws of mutual company ‑ Meetings ‑ Notice ‑ Quorum |
| 26.1-12-07 |
Amendment of articles of incorporation ‑ Amendment of bylaws ‑ Extension of corporate existence |
| 26.1-12-08 |
License required ‑ Prerequisites to issuance of license |
| 26.1-12-09 |
Temporary capital on organization of mutual life insurance company ‑ Retirement |
| 26.1-12-10 |
Mutual life insurance company ‑ Amount of subscribed insurance required ‑ Surplus required |
| 26.1-12-11 |
Authority to insure or reinsure ‑ Types of insurance open to mutual insurance company |
| 26.1-12-11.1 |
Authority to define products |
| 26.1-12-12 |
Compliance with general insurance laws ‑ Provisions or conditions in policy |
| 26.1-12-13 |
Applicability of general insurance laws to mutual companies |
| 26.1-12-14 |
Membership in domestic mutual insurance company ‑ Votes of members ‑ Notice of meetings |
| 26.1-12-15 |
Corporations, limited liability companies, associations, boards, and estates may become member of mutual insurance company ‑ Rights and liabilities |
| 26.1-12-16 |
Vote by proxy permitted ‑ Manner of voting by proxy |
| 26.1-12-17 |
Members of mutual company entitled to share of net profits |
| 26.1-12-18 |
Premiums and contingent liabilities to be stated in bylaws and on policy ‑ Collection of premiums |
| 26.1-12-19 |
Nonpayment of premiums and contingent liabilities ‑ Effect ‑ Continuation of liability on mortgage clause policy |
| 26.1-12-20 |
Separate reserves to be maintained for each kind of insurance written by mutual insurance company |
| 26.1-12-21 |
Reserve fund may be established ‑ Limitation ‑ Use |
| 26.1-12-22 |
Investments |
| 26.1-12-23 |
Deficiency in assets ‑ Assessments required |
| 26.1-12-24 |
Making premium reserve good ‑ Assessments ‑ Cancellation of policies ‑ Reinsurance |
| 26.1-12-25 |
Directors and treasurer of mutual insurance company personally liable for not making and collecting assessments |
| 26.1-12-26 |
Advance to mutual insurance company ‑ Repayment ‑ Reporting ‑ Commission or promotion expense |
| 26.1-12-27 |
Licensing foreign mutual insurance company ‑ Prerequisites |
| 26.1-12-28 |
Annual statements and examinations of mutual insurance companies |
| 26.1-12-29 |
Dividends payable by mutual insurance company |
| 26.1-12-30 |
Determination of dividends |
| 26.1-12-31 |
Taxable premiums of mutual insurance company |
| 26.1-12-32 |
Demutualization of domestic mutual insurance companies ‑ Rules |
Chapter 26.1-12.1 - Mutual Insurance Company Reorganization
Chapter 26.1-12.2 - Mutual Property and Casualty Insurance Company Conversion
Chapter 26.1-13 - County Mutual Insurance Companies
| Section |
Section Name |
| 26.1-13-01 |
County mutual insurance company ‑ Organization |
| 26.1-13-02 |
Articles of incorporation ‑ Territory of operation ‑ Insurance applications required |
| 26.1-13-03 |
County mutual company has perpetual existence |
| 26.1-13-04 |
Certificate of compliance |
| 26.1-13-05 |
Bylaws ‑ Contents |
| 26.1-13-06 |
Amendment of articles or bylaws |
| 26.1-13-07 |
Directors ‑ Number ‑ Election ‑ Powers and duties |
| 26.1-13-08 |
Officers ‑ Election ‑ Bond |
| 26.1-13-09 |
Membership in county mutual company ‑ Limitation on right to be director |
| 26.1-13-10 |
Members of county mutual company ‑ Policyholders ‑ Notice of meetings |
| 26.1-13-11 |
Annual meeting ‑ Quorum |
| 26.1-13-12 |
General powers, liabilities, and duties of county mutual company ‑ Office ‑ Name ‑ Limitations |
| 26.1-13-13 |
Applicability of general insurance laws |
| 26.1-13-14 |
County mutual company ‑ Insurance authority |
| 26.1-13-15 |
Territorial limits of county mutual company's operations ‑ Terms of policies ‑ Property insurable |
| 26.1-13-16 |
Liability insurance contracts ‑ Limitations |
| 26.1-13-17 |
Classification of property for insurance purposes |
| 26.1-13-18 |
Maximum amount of insurance on single risk |
| 26.1-13-19 |
Reinsurance of excessive losses |
| 26.1-13-20 |
Designation of attorney in fact ‑ Assessments |
| 26.1-13-21 |
Supervision by commissioner |
| 26.1-13-22 |
Insured to give undertaking to pay pro rata share of losses ‑ Cash payment or premium required |
| 26.1-13-23 |
Loss ‑ Notice ‑ Adjustment ‑ Arbitration ‑ Finality of determination of board of adjustment ‑ Powers of board |
| 26.1-13-24 |
Assessments for payment of losses and expenses |
| 26.1-13-25 |
Permanent expense and loss fund ‑ Assessment or premiums ‑ Delinquent loss assessments credited |
| 26.1-13-26 |
Notice of assessment ‑ Extension of time of payment of assessment |
| 26.1-13-27 |
Collection of assessments ‑ Suits against directors ‑ Suits against company to recover losses |
| 26.1-13-28 |
Borrowing of money authorized |
| 26.1-13-29 |
Withdrawal from membership |
| 26.1-13-30 |
Cancellation of policies |
| 26.1-13-31 |
County mutual fire and lightning companies may form reinsurance company |
| 26.1-13-32 |
Articles of incorporation and bylaws of mutual reinsurance company ‑ Contents |
| 26.1-13-33 |
Articles and bylaws of mutual reinsurance company ‑ Certificate of authority ‑ Right to do business |
| 26.1-13-34 |
Annual statement to be furnished to members of county mutual company |
| 26.1-13-35 |
County mutual insurance company ‑ Reports to commissioner |
Chapter 26.1-14 - Medical Malpractice Insurance
Chapter 26.1-15 - Fraternal Benefit Societies [Repealed]
Chapter 26.1-15.1 - Fraternal Benefit Societies
Chapter 26.1-16 - Benevolent Societies
| Section |
Section Name |
| 26.1-16-01 |
Benevolent society defined |
| 26.1-16-02 |
Chapter not applicable to fraternal benefit society |
| 26.1-16-03 |
Jurisdiction of commissioner |
| 26.1-16-04 |
Organization of society ‑ Minimum number of members |
| 26.1-16-05 |
Articles of incorporation ‑ Contents |
| 26.1-16-06 |
Society doing business on July 1, 1937, need not change name ‑ Requirements |
| 26.1-16-07 |
Articles of incorporation ‑ Filing ‑ Approval ‑ Deposit required ‑ Authority to solicit |
| 26.1-16-08 |
Deposit maintained by society |
| 26.1-16-09 |
Bylaws required |
| 26.1-16-10 |
Amendment of articles and adoption, amendment, and repeal of bylaws |
| 26.1-16-11 |
Bonds of officers and agents |
| 26.1-16-12 |
Territorial restrictions on society ‑ Voluntary contribution plan benefits regulated by chapter |
| 26.1-16-13 |
Licensing of insurance producers |
| 26.1-16-14 |
Classification of membership ‑ Units |
| 26.1-16-15 |
Preliminary applications required before issuance of certificate of authority ‑ Bank certificate ‑ Issuance of certificate of authority |
| 26.1-16-16 |
Application for and certificate of membership ‑ Contents ‑ Approval ‑ Maximum benefits ‑ Expense deductions |
| 26.1-16-17 |
Notice of annual meeting ‑ Voting rights of members |
| 26.1-16-18 |
Incontestability of certificate ‑ Responsibility upon suicide |
| 26.1-16-19 |
Expense fund and mortuary fund maintained as separate funds |
| 26.1-16-20 |
Expense fund ‑ Credits ‑ Levies |
| 26.1-16-21 |
Mortuary fund ‑ Credits to and use |
| 26.1-16-22 |
Notice of assessment ‑ Contents ‑ Cancellation of certificate ‑ Reinstatement |
| 26.1-16-23 |
Secretary of society to levy assessments ‑ Notice to members ‑ Distribution of proceeds of assessments |
| 26.1-16-24 |
Annual statement required ‑ Renewal of certificate of authority |
| 26.1-16-25 |
Examination |
| 26.1-16-26 |
Transfer of membership |
| 26.1-16-27 |
Penalty |
Chapter 26.1-17 - Nonprofit Health Service Corporations
| Section |
Section Name |
| 26.1-17-01 |
Definitions |
| 26.1-17-02 |
Nonprofit health service corporations authorized |
| 26.1-17-03 |
Articles of incorporation and bylaws ‑ Filing |
| 26.1-17-04 |
Directors ‑ Responsibilities |
| 26.1-17-05 |
Authority of corporation writing hospital service contracts |
| 26.1-17-05.1 |
Authority of corporation writing medical service contracts |
| 26.1-17-06 |
Authority of corporation writing optometric service contracts |
| 26.1-17-07 |
Authority of corporation writing certain health service contracts |
| 26.1-17-08 |
Corporation not authorized to practice a profession |
| 26.1-17-09 |
Capital ‑ Repayment |
| 26.1-17-10 |
Nonprofit corporation tax exempt ‑ Insurance premium tax ‑ Law governing charitable organizations applicable |
| 26.1-17-11 |
Applicability of portion of Nonprofit Corporation Act |
| 26.1-17-12 |
Contract limitations |
| 26.1-17-12.1 |
Services of registered nurses ‑ Denial of benefits prohibited |
| 26.1-17-13 |
Group medical service contracts ‑ Options required |
| 26.1-17-14 |
Prisoner's coverage to continue ‑ Conditions |
| 26.1-17-15 |
Juvenile's coverage to continue ‑ Conditions |
| 26.1-17-16 |
Services of physicians, oral surgeons, dentists, and practitioners not participating under health service plan |
| 26.1-17-17 |
Coordination of benefit provisions |
| 26.1-17-18 |
Health service corporation contracts ‑ Approval by commissioner |
| 26.1-17-19 |
Effects of health service contracts |
| 26.1-17-20 |
Dental and optometric service in accordance with prevailing practice ‑ Emergency service |
| 26.1-17-21 |
Limitations on dental and optometric service contracts |
| 26.1-17-22 |
Health service for needy persons ‑ Payments |
| 26.1-17-23 |
Licensing of sales representatives |
| 26.1-17-24 |
Unfair insurance practices |
| 26.1-17-25 |
Rate requirements |
| 26.1-17-26 |
Procedure for submitting rate filings |
| 26.1-17-27 |
Disapproval of rate filings |
| 26.1-17-28 |
Information to be furnished subscribers ‑ Hearings and appeals of subscribers |
| 26.1-17-29 |
False or misleading information ‑ Penalty |
| 26.1-17-30 |
Investment of funds |
| 26.1-17-31 |
Annual statement |
| 26.1-17-32 |
Investigation and examination |
| 26.1-17-33 |
Liquidation ‑ Dissolution ‑ Merger ‑ Consolidation |
| 26.1-17-33.1 |
Nonprofit health service corporation ‑ Conversion to nonprofit mutual insurance company ‑ Application of law |
| 26.1-17-34 |
Hearing procedure and judicial review |
Chapter 26.1-17.1 - Prepaid Limited Health Service Organizations
Chapter 26.1-18 - Health Maintenance Organizations [Repealed]
Chapter 26.1-18.1 - Health Maintenance Organizations
Chapter 26.1-19 - Prepaid Legal Services
Chapter 26.1-20 - Title Insurance Companies
| Section |
Section Name |
| 26.1-20-01 |
Title insurance company subject to insurance company requirements |
| 26.1-20-02 |
Capital stock and surplus requirement |
| 26.1-20-03 |
Surplus to constitute guaranty fund ‑ Deposit |
| 26.1-20-04 |
Limitation on risks |
| 26.1-20-05 |
Title evidence ‑ Examination |
| 26.1-20-06 |
Judgment against corporation ‑ Enforcement |
Chapter 26.1-20.1 - Insurance Premium Finance Companies
Chapter 26.1-21 - State Bonding Fund
| Section |
Section Name |
| 26.1-21-01 |
Definitions |
| 26.1-21-02 |
State bonding fund ‑ Office of management and budget ‑ Administrative services ‑ Continuing appropriation ‑ Report |
| 26.1-21-03 |
Commissioner may employ or contract for assistants ‑ Continuing appropriation |
| 26.1-21-04 |
Attorney general is attorney for fund |
| 26.1-21-05 |
Investment of fund |
| 26.1-21-06 |
Condition of bond created by chapter ‑ Limitation |
| 26.1-21-07 |
Coverage ‑ Assessments ‑ Minimum |
| 26.1-21-08 |
Review of coverage by auditor |
| 26.1-21-09 |
Premiums ‑ Amount to whom paid ‑ Minimum |
| 26.1-21-09.1 |
Bonds of agents appointed to distribute hunting and fishing licenses or stamps ‑ Assessment ‑ Determination of eligibility |
| 26.1-21-10 |
Automatic insurance of state and political subdivisions |
| 26.1-21-10.1 |
State employee ‑ Defense |
| 26.1-21-10.2 |
State employee defense ‑ Expenses withdrawn by attorney general |
| 26.1-21-11 |
Claims ‑ Limitation on filing of claims against fund ‑ Register of claims ‑ Review and payment of claims |
| 26.1-21-12 |
Duty of state auditor ‑ Investigations ‑ Review of coverage |
| 26.1-21-13 |
Audit of claims against state bonding fund ‑ Register of claims |
| 26.1-21-14 |
Action against the fund ‑ Failure to act is disallowance ‑ Limitation ‑ Interest |
| 26.1-21-15 |
Limitation of time for bringing action against the fund ‑ Interest ‑ Limitation on time for fund liability |
| 26.1-21-16 |
Suit by party injured by default of public employee or public official ‑ Subrogation |
| 26.1-21-17 |
Allowed liability claims payable from fund ‑ Administrative expenses ‑ Methods of payment |
| 26.1-21-18 |
Action against a public official ‑ Reporting defaulting official to governor |
| 26.1-21-19 |
Cancellation of liability of fund ‑ Cancellation of coverage ‑ Appeal proceeding |
| 26.1-21-20 |
Notice of cancellation ‑ Right to appeal from cancellation ‑ Procedure |
| 26.1-21-21 |
Reinsurance |
| 26.1-21-22 |
Publication of statement of fund ‑ Biennial report |
| 26.1-21-23 |
Additional bond coverage |
| 26.1-21-24 |
State agency or political subdivision may purchase bond in addition to fund bond |
Chapter 26.1-22 - State Fire and Tornado Fund
| Section |
Section Name |
| 26.1-22-01 |
Definitions |
| 26.1-22-02 |
State fire and tornado fund ‑ Office of management and budget ‑ Continuing appropriation |
| 26.1-22-02.1 |
Insurance against indirect losses |
| 26.1-22-03 |
Employment of assistants ‑ Expenditures from fund ‑ Continuing appropriation |
| 26.1-22-03.1 |
North Dakota insurance reserve fund ‑ Producers ‑ Commission |
| 26.1-22-04 |
Investment of fund |
| 26.1-22-05 |
Public, international peace garden, and winter show buildings insurable in fund |
| 26.1-22-06 |
Commissioner to adopt guidelines on insurable values |
| 26.1-22-06.1 |
Replacement cost appraisal required on state‑owned property |
| 26.1-22-07 |
Certain property of state and of Bank of North Dakota excepted |
| 26.1-22-08 |
Townships and school districts have option as to insurance on certain property |
| 26.1-22-09 |
Buildings reported to office ‑ Replacement cost appraisal |
| 26.1-22-10 |
Insurance for buildings and personal property ‑ Additional coverage ‑ Township and school district property |
| 26.1-22-10.1 |
State‑owned property ‑ Insured at replacement cost |
| 26.1-22-10.2 |
School district - Leased property - Insurability |
| 26.1-22-11 |
Arbitration of value or loss |
| 26.1-22-12 |
Policy fee |
| 26.1-22-13 |
Reserve balance ‑ Payment of loss |
| 26.1-22-14 |
Assessments ‑ Collections ‑ Minimum fund balance ‑ Bond and borrowing authorization |
| 26.1-22-15 |
Collection of premiums and assessments |
| 26.1-22-16 |
Unreasonably hazardous risks ‑ Mitigation ‑ Insurance cancellation |
| 26.1-22-17 |
Losses ‑ Limitation |
| 26.1-22-18 |
Arbitration of loss |
| 26.1-22-19 |
Repair or replacement of destroyed buildings |
| 26.1-22-20 |
Replacement of policies |
| 26.1-22-21 |
Excess loss reinsurance ‑ Insurance broker of record |
| 26.1-22-21.1 |
Insurance broker of record |
| 26.1-22-22 |
Waiver of subrogation rights during construction |
Chapter 26.1-22.1 - Boiler Inspection [Repealed]
Chapter 26.1-23 - Unsatisfied Judgment Fund [Repealed]
Chapter 26.1-23.1 - Government Self-Insurance Pools
| Section |
Section Name |
| 26.1-23.1-01 |
Government self‑insurance pools ‑ Regulation ‑ Reinsurance |
| 26.1-23.1-02 |
Government self‑insurance pools not insurers |
| 26.1-23.1-03 |
Government self‑insurance pool approval from the commissioner |
| 26.1-23.1-04 |
Annual financial statements required ‑ Confidentiality |
| 26.1-23.1-05 |
Investment of assets ‑ Subsidiary insurance company coverage |
| 26.1-23.1-06 |
Pool reserve records confidential ‑ Open records |
| 26.1-23.1-07 |
Self‑insurance contracts ‑ Approval of rates and forms |
| 26.1-23.1-08 |
Government self-insurance pool - Report |
Chapter 26.1-24 - The Insurance Premium
| Section |
Section Name |
| 26.1-24-01 |
When premium payable |
| 26.1-24-02 |
Receipt for premium in policy ‑ Effect |
| 26.1-24-03 |
When insured entitled to return of premium |
| 26.1-24-04 |
Premium return in cases of overinsurance |
| 26.1-24-05 |
Surrender of fire policy for cancellation ‑ Return of premium ‑ Short‑term rates |
| 26.1-24-06 |
Earned premium |
| 26.1-24-07 |
Forfeiture of policy for nonpayment of premium ‑ Notice required |
| 26.1-24-08 |
Security agreement to secure premium payment must be in separate instrument ‑ Penalty |
| 26.1-24-09 |
Sale or negotiation of premium note prohibited ‑ Penalty |
| 26.1-24-10 |
Insurer's audit to determine premium ‑ Time limitation |
Chapter 26.1-25 - Fire, Property, and Casualty Insurance Rates
Chapter 26.1-25.1 - Personal Insurance Credit Information
Chapter 26.1-25.2 - Personal Insurance Claims History
Chapter 26.1-26 - Insurance Producers and Consultants
| Section |
Section Name |
| 26.1-26-01 |
Scope |
| 26.1-26-02 |
Definitions |
| 26.1-26-03 |
License required ‑ Acting as insurance producer or consultant without license prohibited ‑ Penalty |
| 26.1-26-04 |
Commissions |
| 26.1-26-04.1 |
Fees for services ‑ Rules |
| 26.1-26-05 |
Unlicensed person ‑ Effect ‑ Agent for insurer |
| 26.1-26-06 |
Insurance producer ‑ Agent of insurer |
| 26.1-26-07 |
Insurance producer ‑ Agent of insured |
| 26.1-26-08 |
Licensing of partnership, limited liability partnership, corporation, or limited liability company ‑ Notice of change of individuals |
| 26.1-26-09 |
Exceptions to licensing requirements |
| 26.1-26-10 |
Consultant ‑ Exceptions to licensing requirement |
| 26.1-26-11 |
License of insurance producer ‑ Lines of insurance |
| 26.1-26-11.1 |
Authority to define procedures and requirements |
| 26.1-26-12 |
License application ‑ Accompanied by fees |
| 26.1-26-13 |
Insurance agent ‑ Application ‑ Age ‑ Appointment by insurer |
| 26.1-26-13.1 |
Appointments |
| 26.1-26-13.2 |
Application for examination |
| 26.1-26-13.3 |
Application for license |
| 26.1-26-13.4 |
Biennial license continuation |
| 26.1-26-13.5 |
Application deemed withdrawn |
| 26.1-26-14 |
Investigation by commissioner |
| 26.1-26-15 |
License requirement ‑ Character |
| 26.1-26-15.1 |
Prelicensure education |
| 26.1-26-16 |
License requirement ‑ Insurance broker ‑ Experience |
| 26.1-26-16.1 |
Errors and omissions insurance ‑ License requirement for insurance brokers |
| 26.1-26-16.2 |
Payment of commissions by brokers ‑ Limitations |
| 26.1-26-17 |
License requirement ‑ Surplus lines insurance producer |
| 26.1-26-18 |
License requirement ‑ Brokers ‑ Bond |
| 26.1-26-19 |
Determination of residency for license issuance ‑ Election of residency ‑ When void |
| 26.1-26-20 |
Nonresident licensing |
| 26.1-26-21 |
Agents to designate commissioner as attorney for service of process ‑ Fee |
| 26.1-26-22 |
Proceedings by commissioner ‑ Service of process ‑ Procedure |
| 26.1-26-23 |
Examination of individuals |
| 26.1-26-24 |
Examination when partnership, limited liability partnership, corporation, or limited liability company is applicant |
| 26.1-26-25 |
Exceptions from examination |
| 26.1-26-25.1 |
Assumed names |
| 26.1-26-26 |
Temporary license as an insurance producer |
| 26.1-26-27 |
Approval of examination by commissioner ‑ Contents |
| 26.1-26-28 |
Time and place of examination ‑ Grading of examination ‑ Notice of results |
| 26.1-26-29 |
Failure to pass examination ‑ Re-examination |
| 26.1-26-30 |
Contents of license |
| 26.1-26-30.1 |
Vendor authority |
| 26.1-26-31 |
Term of license |
| 26.1-26-31.1 |
Continuing education required ‑ Exceptions |
| 26.1-26-31.2 |
Continuing education advisory task force |
| 26.1-26-31.3 |
Accreditation of courses |
| 26.1-26-31.4 |
Report of compliance |
| 26.1-26-31.5 |
Extension |
| 26.1-26-31.6 |
Credit for teaching |
| 26.1-26-31.7 |
Credit for out‑of‑state courses |
| 26.1-26-31.8 |
License revocation |
| 26.1-26-31.9 |
Credit for active participation |
| 26.1-26-32 |
Renewal of appointments and licenses ‑ Annual fee |
| 26.1-26-33 |
Notification of address change ‑ Duty of licensee |
| 26.1-26-33.1 |
Notification of electronic mailing address used by regulator |
| 26.1-26-34 |
Notification to commissioner of termination |
| 26.1-26-35 |
Duties of consultant ‑ Agreements |
| 26.1-26-36 |
Surplus lines insurance producer's authority |
| 26.1-26-37 |
Lost, stolen, or destroyed license ‑ Issuance of duplicate |
| 26.1-26-38 |
Controlled business prohibited ‑ Definition ‑ Formula for determination |
| 26.1-26-39 |
Refusal of license ‑ Notification of applicant ‑ No refund of fees |
| 26.1-26-40 |
Refusal of initial license ‑ Notice ‑ Hearing |
| 26.1-26-41 |
Prohibited activities by consultants |
| 26.1-26-42 |
License suspension, revocation, or refusal ‑ Grounds |
| 26.1-26-42.1 |
Revocation of nonresident license |
| 26.1-26-43 |
License suspension, revocation, or refusal ‑ Business entity ‑ Additional ground |
| 26.1-26-44 |
Notification of suspension, revocation, or refusal ‑ Duty of commissioner |
| 26.1-26-45 |
Notification of suspension or revocation of nonresident license |
| 26.1-26-45.1 |
Reporting of actions |
| 26.1-26-46 |
License suspension or revocation ‑ Duty of licensee |
| 26.1-26-47 |
Reciprocal provision ‑ Retaliatory action |
| 26.1-26-47.1 |
Reciprocity |
| 26.1-26-48 |
Commissioner may make examinations and investigations |
| 26.1-26-49 |
Rulemaking authority |
| 26.1-26-50 |
Civil penalty for violation of chapter |
| 26.1-26-51 |
Statute of limitations |
| 26.1-26-52 |
Insurance license for automobile rental agencies ‑ Exception |
| 26.1-26-53 |
Controlled business prohibited ‑ Definition ‑ Formula for determination |
| 26.1-26-54 |
Insurance licenses for limited lines travel insurance producers |
| 26.1-26-55 |
Rulemaking |
| 26.1-26-56 |
Insurance producer records - Exempt record |
Chapter 26.1-26.1 - Independent Insurance Agent Contract Termination
Chapter 26.1-26.2 - Insurance Broker Controlled Companies [Repealed]
Chapter 26.1-26.3 - Managing General Agents
Chapter 26.1-26.4 - Health Care Service Utilization Review
Chapter 26.1-26.5 - Insurance Broker Controlled Insurer
Chapter 26.1-26.6 - Bail Bond Agents
Chapter 26.1-26.7 - Portable Electronics Insurance
Chapter 26.1-26.8 - Public Adjusters
Chapter 26.1-26.9 - Self-Service Storage Insurance
Chapter 26.1-27 - Administrators of Life or Health Insurance or Annuities
Chapter 26.1-27.1 - Pharmacy Benefits Management
| Section |
Section Name |
| 26.1-27.1-01 |
Definitions |
| 26.1-27.1-02 |
Licensing - Terms and fee - Application |
| 26.1-27.1-03 |
Disclosure requirements |
| 26.1-27.1-04 |
Prohibited practices |
| 26.1-27.1-05 |
Contents of pharmacy benefits management agreement ‑ Requirements |
| 26.1-27.1-06 |
Examination of insurer‑covered entity |
| 26.1-27.1-07 |
Rulemaking authority |
| 26.1-27.1-08 |
Enforcement |
| 26.1-27.1-09 |
Administrative penalties |
| 26.1-27.1-10 |
Proceedings by commissioner - Service of process - Procedure |
| 26.1-27.1-11 |
Pharmacy benefit manager enforcement fund - State board of pharmacy wholesaler and virtual wholesaler license fees - Revenue deposits or transfers (Expired effective July 1, 2029) |
Chapter 26.1-28 - Insurance Vending Machines
| Section |
Section Name |
| 26.1-28-01 |
Sale of insurance from vending machines restricted |
| 26.1-28-02 |
Sale of insurance through vending machines under certain conditions |
| 26.1-28-03 |
Licensing of vending machine devices ‑ Expiration date |
| 26.1-28-04 |
Suspension, revocation, or refusal of license ‑ Notice and opportunity to be heard |
| 26.1-28-05 |
Penalty |
Chapter 26.1-29 - Insurance Contracts
| Section |
Section Name |
| 26.1-29-01 |
Insurance contract defined |
| 26.1-29-02 |
Insurer and insured defined |
| 26.1-29-03 |
Who may be parties to insurance contract |
| 26.1-29-04 |
Insurable interest defined and classified |
| 26.1-29-05 |
Insurable interest essential to insurance contract |
| 26.1-29-06 |
When insurable interest must exist |
| 26.1-29-07 |
Measure of insurable interest |
| 26.1-29-08 |
Carrier or depositary has insurable interest |
| 26.1-29-09 |
Insurable interest in life or health insurance |
| 26.1-29-09.1 |
Insurable interest in personal insurance |
| 26.1-29-10 |
Contingent or expectant interest not insurable |
| 26.1-29-11 |
What may be insured against |
| 26.1-29-12 |
Effect of change in insurable interest |
| 26.1-29-13 |
Mutual disclosures required in insurance contract |
| 26.1-29-14 |
Concealment defined |
| 26.1-29-15 |
Rescission for concealment ‑ Exception |
| 26.1-29-16 |
Matters as to which disclosure is not required |
| 26.1-29-17 |
Materiality of matters ‑ How determined |
| 26.1-29-18 |
Presumption of knowledge |
| 26.1-29-19 |
Communication of material facts may be waived |
| 26.1-29-20 |
Information as to interest need not be communicated |
| 26.1-29-21 |
Matters of opinion need not be disclosed |
| 26.1-29-22 |
Representation ‑ Form ‑ When made |
| 26.1-29-23 |
Interpretation of representations regarding insurance |
| 26.1-29-24 |
False representation ‑ Materiality and effect |
| 26.1-29-25 |
Misrepresentations ‑ Determination of materiality ‑ Effect |
| 26.1-29-26 |
Representations on information and belief |
| 26.1-29-27 |
Time to which representation refers |
| 26.1-29-28 |
Alteration or withdrawal of representation |
| 26.1-29-29 |
Insurance of mortgaged property ‑ Act of mortgagor may avoid insurance |
| 26.1-29-30 |
New contract on transfer of insurance on mortgaged property ‑ Effect of mortgagor's acts |
| 26.1-29-31 |
Modification of insurance contract ‑ Exercise of right of rescission |
Chapter 26.1-30 - Insurance Policies
| Section |
Section Name |
| 26.1-30-01 |
Insurance policy defined ‑ Requirements |
| 26.1-30-02 |
Policy executed by gambling void |
| 26.1-30-03 |
Policies classified ‑ Open, running, and valued policies defined |
| 26.1-30-03.1 |
Issuance of foreign language policies |
| 26.1-30-04 |
Insurance only on interest of insured ‑ Stipulation of interest void |
| 26.1-30-05 |
Policy may provide for benefit to any owner |
| 26.1-30-06 |
Insurance by agent or trustee may be designated in policy |
| 26.1-30-07 |
Joint or common interest must be shown in policy |
| 26.1-30-08 |
Person intended may claim benefit of policy |
| 26.1-30-09 |
Agreement not to transfer claim on policy is void |
| 26.1-30-10 |
Warranties ‑ Form and scope |
| 26.1-30-11 |
Express warranty must be written as part of policy |
| 26.1-30-12 |
Statement of fact in policy is a warranty |
| 26.1-30-13 |
Statement of intention in policy is a warranty |
| 26.1-30-14 |
Breach of warranty ‑ When excused |
| 26.1-30-15 |
Policy may be rescinded for violation of material warranty |
| 26.1-30-16 |
Effect of nonfraudulent breach of warranty in policy |
| 26.1-30-17 |
Breach of immaterial provision does not avoid policy unless otherwise provided |
| 26.1-30-18 |
Inception and expiration of policies ‑ Inception of hail insurance policies |
| 26.1-30-19 |
Policy forms to be filed with and approved by commissioner |
| 26.1-30-20 |
Procedure for use of policy forms filed with commissioner |
| 26.1-30-21 |
Disapproval of form by commissioner ‑ Notice and hearing |
| 26.1-30-22 |
Mandatory arbitration endorsements for property insurance ‑ Written acceptance ‑ Penalty |
| 26.1-30-23 |
Managed repair programs ‑ Penalty |
Chapter 26.1-30.1 - Cancellation and Nonrenewal of Commercial Insurance
Chapter 26.1-31 - Reinsurance and Double Insurance
| Section |
Section Name |
| 26.1-31-01 |
Reinsurance contract defined |
| 26.1-31-02 |
Scope of reinsurance contract |
| 26.1-31-03 |
Interest of insured in reinsurance contract |
| 26.1-31-04 |
Disclosures required on reinsurance |
| 26.1-31-05 |
Double insurance defined |
| 26.1-31-06 |
Double insurance of one of several things |
| 26.1-31-07 |
Contribution of insurers on fire loss doubly insured |
Chapter 26.1-31.1 - Reinsurance Intermediaries
Chapter 26.1-31.2 - Reinsurance Credit
| Section |
Section Name |
| 26.1-31.2-01 |
Credit allowed a domestic ceding insurer |
| 26.1-31.2-02 |
Asset or reduction from liability for reinsurance ceded by a domestic insurer to an assuming insurer not meeting the requirements of section 26.1‑31.2‑01 |
| 26.1-31.2-03 |
Qualified United States financial institutions |
| 26.1-31.2-04 |
Rulemaking authority |
| 26.1-31.2-05 |
Reinsurance agreements affected |
Chapter 26.1-32 - Loss and Notice of Loss
| Section |
Section Name |
| 26.1-32-01 |
Liability of insurer for loss ‑ Proximate and remote cause |
| 26.1-32-02 |
Liability of insurer for loss in rescuing thing insured |
| 26.1-32-03 |
Insurer not liable for excepted peril |
| 26.1-32-04 |
Willful act exonerates insurer, negligence does not |
| 26.1-32-05 |
Notice of loss must be given promptly |
| 26.1-32-06 |
Proof or notice of loss ‑ Requirements |
| 26.1-32-07 |
Waiver of defects in notice of loss |
| 26.1-32-08 |
Proof of loss ‑ Insurer to furnish blanks ‑ Waiver |
| 26.1-32-09 |
Waiver of delay in presenting notice or proof of loss |
| 26.1-32-10 |
Policy requiring corroboration ‑ Proof of loss ‑ How made |
Chapter 26.1-33 - Life Insurance
| Section |
Section Name |
| 26.1-33-01 |
Life insurance policy contains entire contract |
| 26.1-33-02 |
Solicitation of life insurance regulated by rule of the commissioner |
| 26.1-33-02.1 |
Life insurance policies and certificates ‑ Right to return |
| 26.1-33-03 |
Form of life insurance policy restricted |
| 26.1-33-04 |
Single premium and nonparticipating life policies |
| 26.1-33-05 |
Provisions required in life policy |
| 26.1-33-06 |
Provisions prohibited in life policy |
| 26.1-33-07 |
Life policy issued by domestic companies in foreign state may conform to laws thereof |
| 26.1-33-08 |
Exempted companies |
| 26.1-33-09 |
Cooperative or assessment life association must identify policies |
| 26.1-33-10 |
Agreement depriving insured in life policy of right to apportionment of surplus and automatic insurance void |
| 26.1-33-11 |
Group life policy ‑ Required provisions |
| 26.1-33-12 |
Group life policy conversion privileges |
| 26.1-33-12.1 |
Life of a child ‑ Disclosure |
| 26.1-33-13 |
Variable life contracts ‑ Separate accounts |
| 26.1-33-14 |
License required for variable life contracts |
| 26.1-33-15 |
Content of variable life contracts |
| 26.1-33-16 |
Policy provisions exceptions for variable life contracts |
| 26.1-33-17 |
Rulemaking authority relating to variable life contracts |
| 26.1-33-18 |
Nonforfeiture benefits |
| 26.1-33-19 |
Computation of cash surrender value |
| 26.1-33-20 |
Computation of paid‑up nonforfeiture benefits |
| 26.1-33-21 |
Calculation of adjusted premiums |
| 26.1-33-22 |
Calculation of adjusted premiums ‑ Ordinary policies |
| 26.1-33-23 |
Calculation of adjusted premiums ‑ Industrial policies |
| 26.1-33-24 |
Calculations of adjusted premiums by the nonforfeiture net level premium method |
| 26.1-33-25 |
Nonforfeiture benefits for indeterminate premium plans |
| 26.1-33-26 |
Benefits on default off the anniversary ‑ Exempted benefits |
| 26.1-33-27 |
Determination of minimum values after January 1, 1987 |
| 26.1-33-28 |
Exceptions |
| 26.1-33-29 |
Applicability of life policy simplification standards |
| 26.1-33-30 |
Minimum life policy language simplification standards |
| 26.1-33-31 |
Approval of life policy forms |
| 26.1-33-32 |
Effect of life policy simplification standards on filed policies |
| 26.1-33-33 |
Life policy transferable |
| 26.1-33-34 |
Notice of transfer of life policy unnecessary ‑ Exception |
| 26.1-33-35 |
Insurance in favor of corporation or limited liability company on life of corporate officer or employee or limited liability company manager or employee ‑ Powers of corporation or limited liability company |
| 26.1-33-36 |
Rights in life policies exempt from claims of creditors |
| 26.1-33-37 |
Suicide ‑ Determination ‑ No defense to life policy or certificate after one year |
| 26.1-33-38 |
Measure of indemnity in life policy |
| 26.1-33-39 |
Life policy ‑ When payable |
| 26.1-33-40 |
Avails of life policy payable to deceased or to the deceased's heirs, personal representatives, or estate ‑ Exemption ‑ Distribution |
| 26.1-33-41 |
Designation of beneficiary not affected by wills law |
| 26.1-33-42 |
Designation of trustee as beneficiary ‑ Prior existence of will not required ‑ Payments ‑ Discharge |
| 26.1-33-43 |
Commingling of death benefits with trust assets |
| 26.1-33-44 |
Life insurance policy ownership or retention by trust ‑ Duties of trustee |
Chapter 26.1-33.1 - Viatical Settlement Contracts [Repealed]
Chapter 26.1-33.2 - Viatical Settlement Contracts [Repealed]
Chapter 26.1-33.3 - Viatical Settlement Contracts [Repealed]
Chapter 26.1-33.4 - Life Settlements
Chapter 26.1-34 - Annuities
| Section |
Section Name |
| 26.1-34-01 |
Required annuity contract provisions relating to cessation of payment of considerations by contractholder |
| 26.1-34-01.1 |
Annuity policies and certificates ‑ Right to return |
| 26.1-34-02 |
Minimum nonforfeiture amount defined |
| 26.1-34-03 |
Value of paid‑up annuity benefit to be at least equal to minimum nonforfeiture amount |
| 26.1-34-04 |
Cash surrender benefit to be at least equal to value of paid‑up annuity benefit |
| 26.1-34-05 |
Minimum value of paid‑up annuity on cessation of payment of considerations ‑ Cash surrender benefits not provided |
| 26.1-34-06 |
Definition of maturity date |
| 26.1-34-07 |
Disclosure if annuity contract does not provide cash surrender or death benefits |
| 26.1-34-08 |
Benefits on cessation of payment of considerations off the anniversary |
| 26.1-34-09 |
Minimum nonforfeiture benefits for annuity contract providing both annuity and life insurance benefits ‑ Excepted benefits |
| 26.1-34-10 |
Exemptions from annuity nonforfeiture provisions |
| 26.1-34-11 |
Variable annuities authorized ‑ Application of variable life policy sections ‑ Rulemaking authority |
Chapter 26.1-34.1 - Charitable Gift Annuities
| Section |
Section Name |
| 26.1-34.1-01 |
Application for certificate of exemption to issue gift annuities |
| 26.1-34.1-02 |
Issuance of certificate of exemption to issue gift annuities |
| 26.1-34.1-03 |
Segregated account |
| 26.1-34.1-04 |
Contents of annuity contract or policy form |
| 26.1-34.1-05 |
Continued compliance |
| 26.1-34.1-06 |
Grounds for denial, revocation, or suspension of certificate of exemption |
| 26.1-34.1-07 |
Other applicable code provisions |
Chapter 26.1-34.2 - Annuity Transaction Practices
Chapter 26.1-35 - Standard Valuation Law
| Section |
Section Name |
| 26.1-35-00.1 |
Definitions |
| 26.1-35-00.2 |
Application of valuation manual - Changes to valuation manual - Requirements of valuation manual |
| 26.1-35-01 |
Reserve valuation |
| 26.1-35-01.1 |
Actuarial opinion of reserves |
| 26.1-35-02 |
Computation of minimum standard |
| 26.1-35-03 |
Computation of minimum standard for annuities |
| 26.1-35-04 |
Computation of minimum standard by calendar year of issue |
| 26.1-35-05 |
Reserve valuation method - Life insurance and endowment benefits |
| 26.1-35-06 |
Reserve valuation - Annuity and pure endowment benefits method |
| 26.1-35-07 |
Minimum reserves |
| 26.1-35-08 |
Optional reserve calculation |
| 26.1-35-09 |
Reserve calculation - Valuation net premium exceeding the gross premium charged |
| 26.1-35-10 |
Reserve calculation - Indeterminate premium plans |
| 26.1-35-11 |
Minimum standard for accident and health insurance contracts |
| 26.1-35-12 |
Requirements of a principle-based valuation |
| 26.1-35-13 |
Experience reporting for policies in force on or after the operative date of the valuation manual |
| 26.1-35-14 |
Confidentiality |
Chapter 26.1-36 - Accident and Health Insurance
| Section |
Section Name |
| 26.1-36-01 |
Scope |
| 26.1-36-01.1 |
Scope ‑ Accident and health insurance policy mandates |
| 26.1-36-01.2 |
Examinations |
| 26.1-36-02 |
Accident and health insurance policy defined |
| 26.1-36-02.1 |
Accident and health policies and certificates ‑ Notice of free examination |
| 26.1-36-02.2 |
Individual health plans - Open enrollment periods - Rules |
| 26.1-36-03 |
Form of policy |
| 26.1-36-03.1 |
Information disclosure |
| 26.1-36-04 |
Accident and health policy provisions |
| 26.1-36-05 |
Group health policy or service contract standard provisions |
| 26.1-36-06 |
Group health policy and medical service contract options for drugs and chiropractic care |
| 26.1-36-06.1 |
Coverage for off‑label uses of drugs |
| 26.1-36-07 |
Health insurance coverage for newborn and adopted children ‑ Scope of coverage ‑ Notification of birth or adoption |
| 26.1-36-08 |
Group health policy and health service contract substance abuse coverage |
| 26.1-36-08.1 |
Alternative group health policy and health service contract substance abuse coverage |
| 26.1-36-09 |
Group health policy and health service contract mental disorder coverage |
| 26.1-36-09.1 |
Health insurance policy and health service contract ‑ Mammogram examination coverage |
| 26.1-36-09.2 |
Health insurance policy and health service contract ‑ Involuntary complications of pregnancy coverage |
| 26.1-36-09.3 |
Coverage for treatment of certain disorders |
| 26.1-36-09.4 |
Preventive health care ‑ Copayments |
| 26.1-36-09.5 |
Service of advanced registered nurse practitioner ‑ Direct reimbursement required |
| 26.1-36-09.6 |
Health insurance policy and health service contract ‑ Prostate‑specific antigen test coverage |
| 26.1-36-09.7 |
Foods and food products for inherited metabolic diseases |
| 26.1-36-09.8 |
Health insurance policy and health service contract ‑ Postdelivery coverage for mothers and newborns |
| 26.1-36-09.9 |
Dental anesthesia and hospitalization coverage |
| 26.1-36-09.10 |
Health insurance policy and health service contract ‑ Prehospital emergency medical services |
| 26.1-36-09.11 |
Breast reconstruction surgery |
| 26.1-36-09.12 |
Medical services related to suicide |
| 26.1-36-09.13 |
Medical services related to intoxication |
| 26.1-36-09.14 |
Coverage of cancer treatment medications |
| 26.1-36-09.15 |
Coverage of telehealth services |
| 26.1-36-09.16 |
Health insurance benefits coverage ‑ Insulin drug and supply out‑of-pocket limitations |
| 26.1-36-09.17 |
Out‑of‑pocket expenses ‑ Prescription drugs |
| 26.1-36-10 |
Health policy and health service contract coordination of benefit provisions |
| 26.1-36-11 |
Accident and health policy provision denying insured right to employ doctor or enter hospital prohibited |
| 26.1-36-12 |
Provisions prohibited in individual and group accident and health insurance policies, group health plans, and nonprofit health service contracts |
| 26.1-36-12.1 |
Health service corporation contract provision denying insured or subscriber right to employ doctor or enter hospital prohibited |
| 26.1-36-12.2 |
Freedom of choice for pharmacy services |
| 26.1-36-12.3 |
Basic health insurance coverage ‑ Exception to required coverages |
| 26.1-36-12.4 |
Confidentiality of medical information |
| 26.1-36-12.5 |
Basic health insurance coverage ‑ Exceptions to required coverage |
| 26.1-36-12.6 |
Ambulance services classifications |
| 26.1-36-12.7 |
Freedom of choice for health care services |
| 26.1-36-13 |
Applicability of accident and health policy simplification standards |
| 26.1-36-14 |
Minimum accident and health policy language simplification standards |
| 26.1-36-15 |
Approval of accident and health policy forms |
| 26.1-36-16 |
Effect of accident and health policy simplification standards on filed policies |
| 26.1-36-17 |
Application for accident and health policy |
| 26.1-36-18 |
Notice under accident and health policy ‑ Waiver |
| 26.1-36-19 |
Age limit in accident and health policy |
| 26.1-36-20 |
Juvenile's accident and health coverage to continue ‑ Conditions |
| 26.1-36-21 |
Prisoner's accident and health coverage to continue ‑ Conditions |
| 26.1-36-22 |
Individual and group health insurance for dependents |
| 26.1-36-23 |
Continuation of group hospital, surgical, and major medical coverage after termination of employment or membership |
| 26.1-36-23.1 |
Former spouse's and dependent children's accident and health coverage to continue ‑ Conditions |
| 26.1-36-24 |
Health policy transferable |
| 26.1-36-25 |
Notice of transfer of health policy unnecessary ‑ Exception |
| 26.1-36-26 |
Dual choice option on group health coverage ‑ Minimum conditions ‑ Transfer of coverage |
| 26.1-36-27 |
Dual choice option on group health coverage ‑ Continuous coverage ‑ Payment of benefits |
| 26.1-36-28 |
Measure of indemnity in health policy |
| 26.1-36-29 |
Coordination of benefits in individual and group accident and health policies ‑ Limitations |
| 26.1-36-30 |
Individual or group accident and health insurer or nonprofit health service corporation responsibility ‑ Release of information to department of health and human services |
| 26.1-36-31 |
Medicare supplement policies ‑ Definitions |
| 26.1-36-32 |
Standards for Medicare supplement policies |
| 26.1-36-33 |
Medicare supplement policy benefit standards |
| 26.1-36-34 |
Medicare supplement policy loss ratio standards |
| 26.1-36-35 |
Medicare supplement policy disclosure standards |
| 26.1-36-36 |
Medicare supplement policies ‑ Notice of free examination |
| 26.1-36-36.1 |
Filing requirements for advertising |
| 26.1-36-36.2 |
Noncustodial care coverage |
| 26.1-36-37 |
Nursing home policy ‑ Guaranteed renewable for life ‑ Limitation on pre‑existing conditions |
| 26.1-36-37.1 |
Standard health insurance proof of loss form ‑ Claim payment time limits |
| 26.1-36-37.2 |
Loss ratios ‑ Rules |
| 26.1-36-38 |
Rulemaking authority |
| 26.1-36-39 |
Effect of policy not conforming to chapter |
| 26.1-36-40 |
General penalty ‑ License suspension or revocation |
| 26.1-36-41 |
Contract limitations |
| 26.1-36-42 |
Grievance procedures |
| 26.1-36-43 |
Uniform prescription drug information card |
| 26.1-36-44 |
Independent external review |
| 26.1-36-45 |
Health insurance coverage not required |
| 26.1-36-46 |
External review procedures |
| 26.1-36-47 |
Internal claims and appeals procedures |
| 26.1-36-48 |
Short-term care insurance - Rules - Penalty |
| 26.1-36-49 |
Short‑term limited‑duration health insurance plans |
| 26.1-36-50 |
Dental insurance ‑ Assignment |
Chapter 26.1-36.1 - Medicare Supplement Policies
Chapter 26.1-36.2 - Small Employer Employee Health Insurance Coverage [Repealed]
Chapter 26.1-36.3 - Small Employer Employee Health Insurance
Chapter 26.1-36.4 - Hospital and Medical Insurance
Chapter 26.1-36.5 - Health Coverage for Children
Chapter 26.1-36.6 - Self-Insurance Health Plans
Chapter 26.1-36.7 - Reinsurance Association
Chapter 26.1-36.8 - Short-Term Limited-Duration Health Insurance Plans
| Section |
Section Name |
| 26.1-36.8-01 |
Definitions |
| 26.1-36.8-02 |
Individual short-term limited-duration plans |
| 26.1-36.8-03 |
Association short-term limited-duration insurance plans |
| 26.1-36.8-04 |
Marketing and sales of individual and association plans |
Chapter 26.1-36.9 - Dental Benefit Plans
| Section |
Section Name |
| 26.1-36.9-01 |
Definitions |
| 26.1-36.9-02 |
Dental benefit plans - Prior authorization |
| 26.1-36.9-03 |
Dental insurer rates ‑ Approval (Effective after June 30, 2027) |
| 26.1-36.9-04 |
Dental loss ratio transparency ‑ Annual report to the commissioner |
Chapter 26.1-36.10 - Prescription Drug Costs [Repealed]
Chapter 26.1-36.11 - Comprehensive Medication Management
Chapter 26.1-36.12 - Prior Authorization for Health Insurance
Chapter 26.1-37 - Credit Insurance
| Section |
Section Name |
| 26.1-37-01 |
Scope |
| 26.1-37-02 |
Definitions |
| 26.1-37-03 |
Issuance of policies and certificates |
| 26.1-37-04 |
Forms of credit life insurance and credit accident and health insurance |
| 26.1-37-04.1 |
Types of consumer credit insurance |
| 26.1-37-05 |
Amount of consumer credit insurance |
| 26.1-37-06 |
Term of consumer credit insurance |
| 26.1-37-07 |
Provisions of policies and certificates of insurance ‑ Disclosure to debtors |
| 26.1-37-08 |
Premiums and refunds |
| 26.1-37-09 |
Applicability of credit life and health policy simplification standards |
| 26.1-37-10 |
Minimum credit life and health policy language simplification standards |
| 26.1-37-11 |
Approval of credit life and health forms |
| 26.1-37-12 |
Effect of credit life and health policy simplification standards on filed policies |
| 26.1-37-13 |
Claims |
| 26.1-37-14 |
Existing insurance ‑ Choice of insurer |
| 26.1-37-15 |
Enforcement |
| 26.1-37-16 |
Penalties |
Chapter 26.1-38 - Life and Health Insurance Guaranty Association [Repealed]
Chapter 26.1-38.1 - Life and Health Insurance Guaranty Association
Chapter 26.1-39 - Property and Casualty Insurance
| Section |
Section Name |
| 26.1-39-01 |
Rescission of fire insurance contract for alteration increasing risk |
| 26.1-39-02 |
Rescission of fire contract not permitted if risk not increased |
| 26.1-39-03 |
When fire contract unaffected though risk increased |
| 26.1-39-04 |
Measure of indemnity on fire policy |
| 26.1-39-05 |
Face of policy to be paid in case of covered loss |
| 26.1-39-06 |
Standard fire insurance policy |
| 26.1-39-07 |
Standard fire policy ‑ Loss or damage caused by nuclear reaction |
| 26.1-39-08 |
Construction of standard fire policy |
| 26.1-39-09 |
Nonstandard fire policy |
| 26.1-39-09.1 |
Certain property and casualty insurance programs to be marketed through resident agents or brokers ‑ Service fee |
| 26.1-39-09.2 |
Suspension or revocation of certificate or license for noncompliance or for acceptance of a reduced service fee |
| 26.1-39-09.3 |
Fire protection class ‑ Dispute |
| 26.1-39-10 |
Property and casualty policies ‑ Declination, cancellation, and nonrenewal ‑ Scope |
| 26.1-39-11 |
Definitions |
| 26.1-39-12 |
Notification and reasons for declination of property and casualty policies |
| 26.1-39-13 |
Notification and reasons for cancellation of property and casualty policies |
| 26.1-39-14 |
Five‑day notice exception for cancellation of property and casualty policies |
| 26.1-39-15 |
Statement of reasons for cancellation of property and casualty policies |
| 26.1-39-16 |
Notification and statement of reasons for nonrenewal of property and casualty policies |
| 26.1-39-17 |
Prohibited reasons for declination or termination of property and casualty policies |
| 26.1-39-18 |
Declination or termination requirements for property and casualty policies ‑ Enforcement ‑ Penalties |
| 26.1-39-19 |
Immunity |
| 26.1-39-20 |
Duplicate coverage - Termination of coverage when another policy in force - Notice |
| 26.1-39-21 |
Renewal of property and casualty policies ‑ Waiver ‑ Estoppel |
| 26.1-39-22 |
Termination of property and casualty insurance agency contracts |
| 26.1-39-23 |
Temporary insurance ‑ Use of binders |
| 26.1-39-24 |
Domestic violence ‑ Intentional acts |
| 26.1-39-25 |
Notice of transfer |
| 26.1-39-26 |
Electronic notices and documents |
| 26.1-39-27 |
Travel, event, and unmanned aircraft insurance |
| 26.1-39-28 |
Rulemaking |
| 26.1-39-29 |
Civil remedy actions against property insurers |
| 26.1-39-30 |
Notice of property insurance claim |
Chapter 26.1-39.1 - Property and Casualty Insurance Certificates
Chapter 26.1-39.2 - Residential Contractor Contracts
Chapter 26.1-40 - Automobile Insurance and Warranties
| Section |
Section Name |
| 26.1-40-01 |
Definitions ‑ Limitations |
| 26.1-40-02 |
Cancellation of policy ‑ Exclusive reasons |
| 26.1-40-02.1 |
Cancellation of minor's driving privileges ‑ Effect |
| 26.1-40-03 |
Notice of cancellation |
| 26.1-40-04 |
Statement of reason for cancellation |
| 26.1-40-05 |
Nonrenewal ‑ Notice ‑ Statement of reasons ‑ Nonrenewal not to be based on certain facts |
| 26.1-40-06 |
Notification of possible eligibility for assigned risk policy |
| 26.1-40-07 |
Proof of notice of termination |
| 26.1-40-08 |
Reason for cancellation or nonrenewal ‑ Nonliability of parties |
| 26.1-40-09 |
Duplicate coverage - Termination of coverage when another policy in force - Notice |
| 26.1-40-10 |
Notification and reasons for a declination |
| 26.1-40-11 |
Terminations ‑ Declinations ‑ Prohibited reasons |
| 26.1-40-11.1 |
Juvenile's suspension of driving privileges ‑ Nontraffic delinquent conduct |
| 26.1-40-12 |
Sanctions |
| 26.1-40-13 |
Definitions applicable to sections 26.1‑40‑13 through 26.1‑40‑15 |
| 26.1-40-14 |
Uninsured and underinsured motorist coverage ‑ Compulsory ‑ Stacking not permitted |
| 26.1-40-15 |
Rights of insurer making payments under uninsured or underinsured motorist coverage |
| 26.1-40-15.1 |
Definitions ‑ Applicable to sections 26.1‑40‑15.1 through 26.1‑40‑15.7 |
| 26.1-40-15.2 |
Uninsured motorist coverage |
| 26.1-40-15.3 |
Underinsured motorist coverage |
| 26.1-40-15.4 |
Other insurance and priority of payment |
| 26.1-40-15.5 |
Reimbursement and subrogation |
| 26.1-40-15.6 |
Limitations |
| 26.1-40-15.7 |
General provisions |
| 26.1-40-16 |
Exclusion of named persons ‑ Restrictive endorsements |
| 26.1-40-16.1 |
Payment of benefits to family members of a policyholder |
| 26.1-40-17 |
Establishment of primary and excess automobile liability coverages in certain instances |
| 26.1-40-17.1 |
Motor vehicle liability policy ‑ Rental vehicles covered |
| 26.1-40-18 |
Automobile warranties construed |
| 26.1-40-19 |
Certificate of authority to issue automobile warranty policy ‑ Issuance ‑ Qualifications ‑ Renewal |
| 26.1-40-20 |
Automobile warranties considered insurance ‑ Surety bond |
| 26.1-40-21 |
Revocation of certificate of authority |
| 26.1-40-22 |
Penalty |
| 26.1-40-23 |
Notice to transfer |
| 26.1-40-24 |
Notice requirements following total loss |
| 26.1-40-25 |
Proof of insurance |
Chapter 26.1-40.1 - Transportation Network Company Insurance
Chapter 26.1-40.2 - Delivery Networks
Chapter 26.1-41 - Auto Accident Reparations
| Section |
Section Name |
| 26.1-41-01 |
Definitions |
| 26.1-41-02 |
Security requirements ‑ Authority of director of the department of transportation |
| 26.1-41-03 |
Suspension of coverage ‑ Request by owner |
| 26.1-41-04 |
Optional excess no‑fault benefits |
| 26.1-41-05 |
Self‑insurance ‑ Liability policies ‑ Authority of commissioner |
| 26.1-41-06 |
Persons entitled to basic no‑fault benefits |
| 26.1-41-07 |
Persons not entitled to benefits |
| 26.1-41-08 |
Secured person exemption |
| 26.1-41-09 |
Payment of basic and optional excess no‑fault benefits |
| 26.1-41-10 |
Assignment of nonmedical benefits unenforceable ‑ Exemption of benefits from process |
| 26.1-41-11 |
Mental and physical examinations |
| 26.1-41-12 |
Discovery of facts about an injured person |
| 26.1-41-13 |
Priority of applicable security ‑ Coordination of benefits |
| 26.1-41-14 |
Stacking of basic no‑fault benefits prohibited |
| 26.1-41-15 |
Motor vehicle liability insurance ‑ Extraterritorial provision |
| 26.1-41-16 |
Insurer's right of subrogation |
| 26.1-41-17 |
Equitable allocation of losses among insurers |
| 26.1-41-18 |
Assigned claims plan |
| 26.1-41-19 |
Limitation of actions |
| 26.1-41-20 |
Secured person exemption for no liability insurance |
Chapter 26.1-42 - Insurance Guaranty Association [Repealed]
Chapter 26.1-42.1 - Insurance Guaranty Association
Chapter 26.1-43 - Legal Expense Insurance
| Section |
Section Name |
| 26.1-43-01 |
Legal expense insurance defined |
| 26.1-43-02 |
What legal expense insurance does not include |
| 26.1-43-03 |
Legal plans and contracts excepted from insurance code |
Chapter 26.1-44 - Surplus Lines Insurance
| Section |
Section Name |
| 26.1-44-01 |
Surplus lines insurance valid |
| 26.1-44-01.1 |
Definitions |
| 26.1-44-02 |
Duty to file evidence of insurance |
| 26.1-44-03 |
Surplus lines insurance |
| 26.1-44-03.1 |
Surplus lines tax |
| 26.1-44-03.2 |
Domestic surplus lines insurers |
| 26.1-44-03.3 |
Exemption from diligent search requirements |
| 26.1-44-03.4 |
Surplus lines insurance policies |
| 26.1-44-04 |
Service of process |
| 26.1-44-05 |
Consumer notice |
| 26.1-44-06 |
Records of surplus lines producer |
| 26.1-44-06.1 |
Reports and policy changes |
| 26.1-44-07 |
Actions against insurers issuing insurance ‑ Venue ‑ Service of process ‑ Time for answer |
| 26.1-44-08 |
Civil penalty for failure to file report of placement, endorsement, audit, cancellation, file annual tax statement, and pay tax ‑ Action for recovery ‑ Revocation of license ‑ Conditions prerequisite to reissuance ‑ Hearing procedure and judicial review |
| 26.1-44-09 |
Rulemaking authority |
| 26.1-44-10 |
Independently procured insurance ‑ Duty to report and pay tax |
| 26.1-44-11 |
Enactment of surplus lines insurance multistate compliance compact |
Chapter 26.1-45 - Long-Term Care Insurance
| Section |
Section Name |
| 26.1-45-01 |
Definitions |
| 26.1-45-02 |
Group long‑term care insurance ‑ Association requirements ‑ Approval |
| 26.1-45-03 |
Limits of group long‑term care insurance |
| 26.1-45-04 |
Disclosure and standards for long‑term care insurance |
| 26.1-45-04.1 |
Adoption of long‑term care benefits comparison guides by commissioner |
| 26.1-45-05 |
Cancellation ‑ Nonrenewal ‑ Termination |
| 26.1-45-05.1 |
Incontestability and rescission of long‑term care insurance policy or certificate |
| 26.1-45-05.2 |
Nursing home policy ‑ Guaranteed renewable for life ‑ Limitation on pre‑existing conditions |
| 26.1-45-06 |
Pre-existing conditions |
| 26.1-45-07 |
Prior institutionalization requirement prohibited |
| 26.1-45-07.1 |
Defined term requirements ‑ Claim payments |
| 26.1-45-08 |
Loss ratio standards |
| 26.1-45-09 |
Right to return policy ‑ Outline of coverage required ‑ Contents of certificate ‑ Summary of policy provisions ‑ Report of benefits status |
| 26.1-45-10 |
Application |
| 26.1-45-11 |
Rulemaking authority |
| 26.1-45-12 |
Penalties |
| 26.1-45-13 |
Qualified service providers |
| 26.1-45-14 |
Nonforfeiture benefits |
Chapter 26.1-45.1 - Partnership for Long-Term Care Program [Repealed]
Chapter 26.1-46 - Risk Retention Groups and Purchasing Groups
| Section |
Section Name |
| 26.1-46-01 |
Definitions |
| 26.1-46-02 |
Risk retention groups chartered in this state |
| 26.1-46-03 |
Risk retention groups not chartered in this state ‑ Requirements for operation |
| 26.1-46-04 |
Compulsory associations |
| 26.1-46-05 |
Countersignatures not required |
| 26.1-46-06 |
Purchasing groups ‑ Exemption from certain laws relating to the group purchase of insurance |
| 26.1-46-07 |
Notice and registration requirements of purchasing groups |
| 26.1-46-08 |
Restrictions on insurance purchased by purchasing groups |
| 26.1-46-08.1 |
Purchasing group taxation ‑ Fees |
| 26.1-46-09 |
Administrative and procedural authority regarding risk retention groups and purchasing groups |
| 26.1-46-10 |
Penalties |
| 26.1-46-11 |
Duty of insurance producers to obtain license |
| 26.1-46-12 |
Binding effect of orders issued in United States district court |
| 26.1-46-13 |
Rules and regulations |
Chapter 26.1-47 - Preferred Provider Organizations
Chapter 26.1-48 - Aircraft Aftermarket Risk Contracts and Insurance
| Section |
Section Name |
| 26.1-48-01 |
Definitions |
| 26.1-48-02 |
North Dakota aftermarket risk contract |
| 26.1-48-03 |
Aftermarket risk insurance requirements ‑ Encumbrances |
| 26.1-48-04 |
Stabilization of aftermarket risk insurance market |
| 26.1-48-05 |
Financial responsibility |
Chapter 26.1-49 - Health Provider Cooperatives
Chapter 26.1-50 - North Dakota Low-Risk Incentive Fund
Chapter 26.1-51 - Self-Critical Insurance Analysis Privilege
| Section |
Section Name |
| 26.1-51-01 |
Definitions |
| 26.1-51-02 |
Self‑critical analysis privilege created ‑ Scope |
| 26.1-51-03 |
Insurance compliance self‑critical analysis document not discoverable or admissible |
| 26.1-51-04 |
Application of privilege |
| 26.1-51-05 |
Submission to commissioner |
| 26.1-51-06 |
Waiver of privilege by insurer ‑ Grounds for determination of privilege ‑ Civil, administrative, or criminal proceedings |
| 26.1-51-07 |
Determination of privilege ‑ Procedure |
| 26.1-51-08 |
Privilege ‑ Burden of proof ‑ Stipulation |
| 26.1-51-09 |
Nonapplication of privilege |
Chapter 26.1-52 - Property Insurance Placement Facility
Chapter 26.1-53 - Discount Medical Plans [Repealed]
Chapter 26.1-53.1 - Discount Plans
Chapter 26.1-54 - American Health Benefit Exchange
Chapter 26.1-55 - Unclaimed Life Insurance Benefits
Chapter 26.1-57 - Guaranteed Asset Protection Waivers
Chapter 26.1-58 - Travel Insurance
Chapter 26.1-59 - Interstate Insurance Product Regulation Compact
| Section |
Section Name |
| 26.1-59-01 |
Interstate insurance product regulation compact |
Title 27 - Judicial Branch of Government
Chapter 27-01 - General Provisions
| Section |
Section Name |
| 27-01-01 |
Courts composing judicial system of state ‑ Those constituting courts of record |
| 27-01-01.1 |
Budgeting and financing of the supreme court and district courts |
| 27-01-02 |
Sittings of courts public ‑ When public may be excluded |
| 27-01-03 |
Courts not open on Sundays and holidays ‑ Jurisdiction of magistrates on such days |
| 27-01-04 |
Authority of judges of the district and county courts in bankruptcy proceedings |
| 27-01-05 |
Expenses on change of venue |
| 27-01-06 |
Payment of expenses on change of venue |
| 27-01-07 |
Civil action fees ‑ Waiver |
| 27-01-08 |
Service of process by mail by federal marshals |
| 27-01-09 |
Reciprocal recognition of certain state and tribal court judgments, decrees, and orders ‑ Conditions |
| 27-01-10 |
Fee assessments for funding crime victim and witness programs |
Chapter 27-02 - Supreme Court
| Section |
Section Name |
| 27-02-01 |
Appointment and duties of chief justice of the supreme court |
| 27-02-02 |
Salaries of justices of supreme court |
| 27-02-02.1 |
Additional compensation ‑ Supreme and district court judges |
| 27-02-03 |
Stenographers for supreme court |
| 27-02-04 |
Jurisdiction of supreme court ‑ Appellate ‑ Original |
| 27-02-05 |
General powers of supreme court |
| 27-02-05.1 |
Administration by supreme court |
| 27-02-05.2 |
State juvenile services coordinator ‑ Powers and duties ‑ Selection and salary ‑ Administrative support |
| 27-02-06 |
Terms |
| 27-02-07 |
Rules relating to the unauthorized practice of the law may be made by supreme court |
| 27-02-08 |
Rules of pleading, practice, and procedure may be made by supreme court |
| 27-02-09 |
Statutes regulating procedure effective as rules of supreme court |
| 27-02-10 |
Limitation on rulemaking powers of supreme court |
| 27-02-11 |
Notice of intention to promulgate rule ‑ Requirement ‑ Method of giving ‑ Hearing interested parties |
| 27-02-12 |
Proposal of new rules and amendments to rules of practice by attorneys |
| 27-02-13 |
Means of putting into effect rules or amendments to rules adopted by supreme court |
| 27-02-14 |
Effective date of rules promulgated by supreme court |
| 27-02-15 |
Duties of clerks of district courts with reference to rules ‑ Rules open to inspection |
| 27-02-16 |
Issuance and return of writs by supreme court |
| 27-02-17 |
Issues of fact in original proceedings in supreme court may be sent to district court for trial |
| 27-02-18 |
Calendar of the supreme court |
| 27-02-19 |
Causes given preference on supreme court calendar |
| 27-02-20 |
When causes on calendar stand over |
| 27-02-21 |
Adjournments |
| 27-02-22 |
Majority of judges must concur in judgment ‑ Effect if concurrence of majority is lacking |
| 27-02-23 |
Decisions must be written ‑ Filing ‑ Requirement |
| 27-02-24 |
Regulations governing publication and distribution of official reports to be made by supreme court |
| 27-02-25 |
Supreme court may call special terms for district courts ‑ Court may designate judge to preside |
| 27-02-26 |
Uniform traffic summons and complaint |
| 27-02-27 |
Judicial emergency |
Chapter 27-02.1 - Court of Appeals
| Section |
Section Name |
| 27-02.1-01 |
Temporary court of appeals established ‑ Jurisdiction ‑ Writ authority ‑ Administration (Effective through January 1, 2034) |
| 27-02.1-02 |
Number, assignment, and compensation of judges (Effective through January 1, 2034) |
| 27-02.1-03 |
Assignment and reassignment of cases ‑ Quorum for decision of cases ‑ Authority in furtherance of jurisdiction (Effective through January 1, 2034) |
| 27-02.1-04 |
Administration ‑ Employees and clerical assistance ‑ Court of record ‑ Place of sessions (Effective through January 1, 2034) |
| 27-02.1-05 |
Chief judge (Effective through January 1, 2034) |
| 27-02.1-06 |
Review of decisions of panels (Effective through January 1, 2034) |
| 27-02.1-07 |
Right to appeal not created (Effective through January 1, 2034) |
| 27-02.1-08 |
Unitary appeal ‑ Filing of appeal ‑ Filing fee (Effective through January 1, 2034) |
| 27-02.1-09 |
Publication of opinions (Effective through January 1, 2034) |
Chapter 27-02.2 - Attorney Recruitment Program
| Section |
Section Name |
| 27-02.2-01 |
Attorney recruitment and retention program ‑ Participation ‑ Assessment |
| 27-02.2-02 |
County eligibility |
| 27-02.2-03 |
Municipality eligibility |
| 27-02.2-04 |
Attorney eligibility |
| 27-02.2-05 |
Incentive payment to participating attorneys |
| 27-02.2-06 |
Agreement for payment of recruitment and retention assistance ‑ Repayment |
| 27-02.2-07 |
County and municipal funding |
| 27-02.2-08 |
Payments |
| 27-02.2-09 |
Attorney recruitment and retention assistance program fund ‑ Continuing appropriation |
| 27-02.2-10 |
Filing and approval of recruitment and retention assistance agreement |
| 27-02.2-11 |
Ineligibility for participation in other program |
| 27-02.2-12 |
Rulemaking authority |
| 27-02.2-13 |
Annual report |
Chapter 27-03 - Clerk of Supreme Court
| Section |
Section Name |
| 27-03-01 |
Appointment of clerk of supreme court |
| 27-03-02 |
Clerk of supreme court ‑ Oath ‑ Deputy |
| 27-03-03 |
Salary of clerk of supreme court |
| 27-03-04 |
Mileage and expenses allowed clerk |
| 27-03-05 |
Fees to be charged and collected by clerk of supreme court |
| 27-03-06 |
Fees to be deposited monthly with state treasurer |
| 27-03-07 |
Clerk personally to perform all duties ‑ When deputy can act |
| 27-03-08 |
Clerk of supreme court to procure necessary records, supplies, and furniture |
| 27-03-09 |
Clerk to furnish copy of syllabus of each decision to daily newspaper |
| 27-03-10 |
Clerk to furnish copies of opinions, abstracts, and briefs to supreme court reporter |
Chapter 27-04 - Other Officials of Supreme Court
| Section |
Section Name |
| 27-04-01 |
Supreme court reporter ‑ Appointment, qualifications, term, titles |
| 27-04-02 |
Bond of supreme court reporter |
| 27-04-03 |
Salary of supreme court reporter |
| 27-04-04 |
Location of office of supreme court reporter |
| 27-04-05 |
Opinions and reports of supreme court printed and published by reporter |
| 27-04-06 |
Reporter's duties as to state law library |
| 27-04-07 |
Reporter's duties as legislative reference librarian |
| 27-04-08 |
Sale and disposal of books and other library materials by supreme court reporter |
| 27-04-08.1 |
Secretary of state to purchase certain property and publication rights |
| 27-04-09 |
Court security |
| 27-04-10 |
Sheriff acting as marshal liable on official bond |
| 27-04-11 |
Appointment and duties of bailiff of supreme court ‑ Compensation of bailiff |
Chapter 27-05 - District Courts
| Section |
Section Name |
| 27-05-00.1 |
County courts abolished ‑ Election of additional district court judges ‑ Case file transition ‑ Budget and property considerations |
| 27-05-01 |
Judicial districts ‑ Number of judges |
| 27-05-02 |
Election and term of office of district judges |
| 27-05-02.1 |
Vacancy in office of district judge ‑ Transfer of judgeships ‑ Hearing |
| 27-05-03 |
Salaries and expenses of district judges |
| 27-05-03.1 |
Retirement for mental or physical disability of supreme court judges and district court judges |
| 27-05-03.2 |
Judicial retirement salary payable to judge retired for mental or physical disability |
| 27-05-04 |
Expenses of district judges sitting with supreme court or in other districts ‑ Allowance ‑ Payment |
| 27-05-05 |
Presiding judge of district ‑ How determined ‑ Term of office |
| 27-05-06 |
Jurisdiction of district courts |
| 27-05-07 |
Purposes for which district courts always open ‑ When and where issues of fact triable |
| 27-05-08 |
Chambers ‑ Residence |
| 27-05-08.1 |
Terms of district court to be fixed by supreme court |
| 27-05-09 |
First judicial district ‑ General terms |
| 27-05-10 |
Second judicial district ‑ General terms |
| 27-05-11 |
Third judicial district ‑ General terms |
| 27-05-12 |
Fourth judicial district ‑ General terms |
| 27-05-13 |
Fifth judicial district ‑ General terms |
| 27-05-14 |
Sixth judicial district ‑ General terms |
| 27-05-15 |
Terms for naturalization |
| 27-05-16 |
District judges may call special terms and may summon juries thereto |
| 27-05-17 |
General provisions concerning terms |
| 27-05-18 |
District judges prohibited from holding consecutive jury terms ‑ Exception |
| 27-05-19 |
Effect where first day of term falls on legal holiday |
| 27-05-20 |
Acts of district judge are acts of court |
| 27-05-21 |
District judges to have statewide jurisdiction ‑ Exception |
| 27-05-22 |
District judges to act only within their districts ‑ Exceptions |
| 27-05-23 |
Judgments or orders improperly given in matters pending outside judge's district ‑ Voidable ‑ Vacating |
| 27-05-24 |
Ex parte applications may be heard and default judgments may be given |
| 27-05-25 |
How business of district courts assigned judges and regulated ‑ Several cases triable at same time |
| 27-05-26 |
Change of venue |
| 27-05-27 |
Motions before trial judge |
| 27-05-28 |
Orders without notice |
| 27-05-29 |
District judges may assign additional duties to juvenile supervisors ‑ Authority of supreme court |
| 27-05-30 |
Judicial referees |
| 27-05-31 |
Magistrates ‑ Appointment ‑ Salary ‑ Authority |
| 27-05-32 |
District court supervised treatment programs ‑ Roles and responsibilities |
Chapter 27-05.1 - Family Courts [Repealed]
Chapter 27-05.2 - Clerk of District Court Funding and Fees
| Section |
Section Name |
| 27-05.2-01 |
Statement of intent |
| 27-05.2-02 |
State funding of clerk of district court services ‑ Agreements to provide services ‑ Transition schedule |
| 27-05.2-03 |
Fees to be charged by the clerk of the district court |
| 27-05.2-04 |
Clerk to keep record of fees ‑ Monthly report to county auditor or state treasurer ‑ Continuing appropriation |
| 27-05.2-05 |
Decree or judgment of divorce, annulment, or paternity filed with registrar of vital statistics |
| 27-05.2-06 |
Records maintenance and disposal |
| 27-05.2-07 |
Penalty for neglect of duty |
| 27-05.2-08 |
Court facilities improvement and maintenance fund ‑ Administration ‑ Continuing appropriation |
| 27-05.2-09 |
Court facilities improvement advisory committee ‑ Members |
| 27-05.2-10 |
Application for grants from court facilities improvement and maintenance fund |
Chapter 27-06 - District Court Reporters and Bailiffs [Repealed]
Chapter 27-07 - County Courts [Repealed]
Chapter 27-07.1 - County Courts [Repealed]
Chapter 27-08 - County Courts of Increased Jurisdiction [Repealed]
Chapter 27-08.1 - Small Claims Court
| Section |
Section Name |
| 27-08.1-01 |
Small claims court ‑ Jurisdictional limits ‑ Venue |
| 27-08.1-02 |
Commencement of action ‑ Claim affidavit |
| 27-08.1-03 |
Informal hearing ‑ Answer and counterclaim ‑ Filing and service fees ‑ Examination of debtor |
| 27-08.1-04 |
Election to proceed in small claims court irrevocable |
| 27-08.1-04.1 |
Dismissal without prejudice |
| 27-08.1-05 |
Judgment |
| 27-08.1-06 |
Judgment unsatisfied ‑ Docketing ‑ Execution |
| 27-08.1-07 |
Records and destruction of records |
| 27-08.1-08 |
Referees of small claims court ‑ Appointment ‑ Term ‑ Method of qualifying ‑ Powers and duties ‑ Compensation |
Chapter 27-08.2 - County Judicial Coordinating Councils [Repealed]
Chapter 27-09 - Jurors [Repealed]
Chapter 27-09.1 - Uniform Jury Selection and Service Act
Chapter 27-10 - Contempts
| Section |
Section Name |
| 27-10-01 |
Acts punishable as criminal contempts by courts of record |
| 27-10-01.1 |
Definitions |
| 27-10-01.2 |
Power of court to punish for contempt of court |
| 27-10-01.3 |
Nonsummary procedure for remedial and punitive sanctions ‑ Joint hearing and trial ‑ Summary procedure ‑ Appeal |
| 27-10-01.4 |
Remedial sanctions ‑ Punitive sanctions for nonsummary and summary procedure ‑ Past conduct |
| 27-10-02 |
Penalty for criminal contempt |
| 27-10-03 |
Acts punishable as civil contempts |
| 27-10-04 |
Penalty for civil contempt ‑ When party injured indemnified instead of fine being imposed |
| 27-10-05 |
Corporations subject to fines |
| 27-10-06 |
Contempt committed in presence of judge punishable summarily ‑ Order imposing punishment |
| 27-10-07 |
Order to show cause or warrant of attachment for contempt not committed in presence of judge |
| 27-10-08 |
Nature of proceedings upon order to show cause or warrant of attachment for contempt |
| 27-10-09 |
Papers to be served on person arrested for contempt |
| 27-10-10 |
Amount of undertaking for appearance of accused may be fixed and endorsed on warrant by judge |
| 27-10-11 |
Duties of sheriff after arrest if undertaking not given by accused |
| 27-10-12 |
Accused discharged from arrest on delivering undertaking ‑ Nature of undertaking |
| 27-10-13 |
Procedure on return of warrant of attachment or order to show cause for contempt |
| 27-10-14 |
Order directing punishment of and warrant of commitment of person found guilty of contempt |
| 27-10-15 |
Contents of order for punishment and warrant of commitment |
| 27-10-16 |
Person imprisoned for contempt may be ordered discharged |
| 27-10-17 |
Punishment for contempt no bar to criminal prosecution |
| 27-10-18 |
Procedure when person arrested gives undertaking for appearance but fails to appear |
| 27-10-19 |
Undertaking may be ordered prosecuted by and in behalf of party aggrieved ‑ Extent of recovery |
| 27-10-20 |
When undertaking ordered prosecuted in name of state ‑ Disposition of moneys collected |
| 27-10-21 |
Sheriff liable for insufficient surety ‑ Enforcement of liability |
| 27-10-22 |
Procedure to punish contempt before referee |
| 27-10-23 |
Contempt of witness before notary public, officer, board, or tribunal |
| 27-10-24 |
Appeal to supreme court from final order adjudging a person guilty of contempt |
| 27-10-25 |
Undertaking for stay of execution of order on appeal in criminal contempt |
| 27-10-26 |
Undertaking for stay of execution of order on appeal in civil contempts |
| 27-10-27 |
Undertaking on appeal in contempt where stay of execution not desired |
Chapter 27-11 - Admission to Bar
| Section |
Section Name |
| 27-11-01 |
Practicing law and serving on courts of record without certificate of admission and without payment of annual license fee prohibited ‑ Penalty |
| 27-11-02 |
Power to admit vested in the supreme court |
| 27-11-03 |
Qualifications of applicants for admission to practice law |
| 27-11-03.1 |
Conviction not bar to certification ‑ Exceptions |
| 27-11-04 |
Attorney's certificate of clerkship |
| 27-11-05 |
Applicants for admission to bar to be examined by state bar board ‑ Exception |
| 27-11-06 |
State board of law examiners established ‑ Appointment and qualifications of board members |
| 27-11-07 |
Oath of member of state board of law examiners |
| 27-11-08 |
Terms and removal of members of state board of law examiners |
| 27-11-09 |
Filling vacancies on state board of law examiners |
| 27-11-10 |
Officers of state board of law examiners |
| 27-11-11 |
Compensation of members of state board of law examiners |
| 27-11-12 |
Compensation of secretary‑treasurer of state board of law examiners |
| 27-11-13 |
Powers of state board of law examiners |
| 27-11-14 |
Payment of compensation and expenditures of state board of law examiners |
| 27-11-15 |
Records to be kept by state board of law examiners |
| 27-11-16 |
Examinations for admission to bar conducted by state bar board ‑ Nature of examinations |
| 27-11-17 |
Fee payable by all applicants for admission to bar ‑ Disposition of fees |
| 27-11-18 |
Board to report results of examinations and recommendations to supreme court |
| 27-11-19 |
Supreme court to order issuance of certificate of admission |
| 27-11-20 |
Oath and pledge to be taken by applicants admitted to the bar |
| 27-11-21 |
Certificate of admission ‑ When issued ‑ Contents |
| 27-11-22 |
Annual licenses to practice law and to serve on certain courts ‑ Requirement ‑ Issuance ‑ Fees |
| 27-11-23 |
Fees from annual licenses to be deposited in state bar fund |
| 27-11-24 |
Expenditure of state bar fund |
| 27-11-25 |
Attorneys admitted in other states admitted without examination |
| 27-11-26 |
Procedure and proof required for admission without examination |
| 27-11-27 |
When foreign attorneys may practice in this state |
Chapter 27-12 - State Bar Association of North Dakota
| Section |
Section Name |
| 27-12-01 |
State bar association of North Dakota ‑ How governed |
| 27-12-02 |
Membership of state bar association |
| 27-12-03 |
Rights of members of bar association |
| 27-12-04 |
Moneys payable from state bar fund to state bar association |
| 27-12-05 |
Bond of secretary‑treasurer of bar association ‑ Payment of premium |
| 27-12-06 |
Method of expenditure of association's funds ‑ Annual report of receipts and disbursements |
| 27-12-07 |
No liability upon state created by provisions of chapter |
| 27-12-08 |
Use of funds |
| 27-12-09 |
Confidential records |
Chapter 27-13 - Conduct of Attorneys
| Section |
Section Name |
| 27-13-01 |
Duties of attorneys |
| 27-13-02 |
Powers of attorneys |
| 27-13-03 |
Attorney not to be surety |
| 27-13-04 |
Court may require proof of attorney's authority ‑ Proceedings stayed until proof furnished |
| 27-13-05 |
Attorney's refusal to deliver client's money or property ‑ Penalty |
| 27-13-06 |
Attorney's withholding of client's money or property under alleged lien unlawful if bond furnished |
| 27-13-07 |
Attorney's refusal to deliver client's money or property not unlawful if attorney furnishes a bond |
| 27-13-08 |
Misconduct of attorney ‑ Penalty ‑ Treble civil damages forfeited |
| 27-13-09 |
Permitting use of or making use of attorney's name unlawful ‑ Penalty |
| 27-13-10 |
When use of attorney's name permissible |
| 27-13-11 |
Partner of public prosecutor not to aid defense ‑ Penalty |
| 27-13-12 |
Attorney not to aid defense when formerly interested as public prosecutor ‑ Penalty |
| 27-13-13 |
Public prosecutors or partners thereof may defend themselves in criminal or civil actions |
| 27-13-14 |
Attorney for attorney fiduciary required ‑ Exception |
Chapter 27-14 - Disbarment or Suspension of Attorneys
| Section |
Section Name |
| 27-14-01 |
Admission to bar revocable |
| 27-14-02 |
Causes for suspension or revocation of certificate of admission to bar |
| 27-14-03 |
Reference to state bar board by supreme court |
| 27-14-04 |
Investigation by bar board ‑ Witnesses, subpoenas, oaths, testimony |
| 27-14-05 |
Report by bar board |
| 27-14-06 |
Prosecution by state bar board |
| 27-14-07 |
Filing of accusations ‑ Answer thereto |
| 27-14-08 |
Trial |
| 27-14-09 |
Revocation and suspension |
| 27-14-10 |
Expenses of prosecution |
Chapter 27-15 - Judicial Conference
| Section |
Section Name |
| 27-15-01 |
Judicial conference established |
| 27-15-02 |
Term of office ‑ Vacancy ‑ How filled |
| 27-15-03 |
Organization of judicial conference ‑ Rules of procedure |
| 27-15-04 |
Meetings |
| 27-15-05 |
Duties |
| 27-15-06 |
Hearings ‑ Subpoena of witnesses ‑ Compelling testimony |
| 27-15-07 |
Bureau of statistics ‑ Duties of officers ‑ Information required |
| 27-15-08 |
Report and recommendations to governor ‑ Suggestion of rules to supreme court |
| 27-15-09 |
Meeting of judges |
| 27-15-10 |
Compensation ‑ Expenses |
Chapter 27-16 - Juvenile Court [Repealed]
Chapter 27-17 - Retirement of Judges
| Section |
Section Name |
| 27-17-01 |
Retirement of supreme court judges and district court judges |
| 27-17-01.1 |
Supplemental retirement benefits |
| 27-17-02 |
Retention of assessments from judges' salaries ‑ Withdrawal of sums so retained |
| 27-17-03 |
Services and compensation of retired justices and judges |
| 27-17-04 |
Salary of retired judges |
| 27-17-05 |
Disposition of contributions |
| 27-17-06 |
Immediate withdrawal of present active judges from judges retirement fund |
Chapter 27-18 - County Justice [Repealed]
Chapter 27-19 - Indian Civil Jurisdiction
Chapter 27-19.1 - Indian Child Welfare
Chapter 27-20 - Uniform Juvenile Court Act [Repealed]
Chapter 27-20.1 - Guardianship of a Child
Chapter 27-20.2 - Juvenile Court Act
Chapter 27-20.3 - Child Welfare
| Section |
Section Name |
| 27-20.3-01 |
Definitions (Effective through July 31, 2027) |
| 27-20.3-02 |
Jurisdiction |
| 27-20.3-03 |
Venue |
| 27-20.3-04 |
Powers and duties of director of juvenile court |
| 27-20.3-05 |
Method of making a child in need of services referral |
| 27-20.3-06 |
Taking into protective custody |
| 27-20.3-07 |
Shelter care of child |
| 27-20.3-08 |
Release or delivery to court |
| 27-20.3-09 |
Place of shelter care |
| 27-20.3-10 |
Release from shelter care ‑ Hearing ‑ Conditions of release |
| 27-20.3-11 |
Diversion |
| 27-20.3-12 |
Petition ‑ Who may prepare and file ‑ Review |
| 27-20.3-13 |
Conduct of child in need of protection hearings |
| 27-20.3-14 |
Adjudication |
| 27-20.3-15 |
Disposition of a child in need of protection (Effective through July 31, 2027) |
| 27-20.3-16 |
Disposition of child needing continued foster care services |
| 27-20.3-17 |
Human service zone to report to committing juvenile court |
| 27-20.3-18 |
Reasonable efforts to prevent removal or to reunify ‑ When required |
| 27-20.3-19 |
Indian child welfare ‑ Active efforts and procedures |
| 27-20.3-20 |
Termination of parental rights |
| 27-20.3-21 |
Petition for termination of parental rights (Effective through July 31, 2027) |
| 27-20.3-22 |
Proceeding for termination of parental rights |
| 27-20.3-23 |
Effect of order terminating parental rights or appointing a legal guardian |
| 27-20.3-24 |
Disposition upon termination of parental rights |
| 27-20.3-25 |
Court order required for removal of child |
| 27-20.3-26 |
Limitations of time on orders of disposition |
Chapter 27-20.4 - Delinquency
Chapter 27-20.5 - Fitness to Proceed and Remediation of Juveniles
| Section |
Section Name |
| 27-20.5-01 |
Definitions (Effective after January 1, 2027) |
| 27-20.5-02 |
Age (Effective after January 1, 2027) |
| 27-20.5-03 |
Motion for fitness to proceed examination (Effective after January 1, 2027) |
| 27-20.5-04 |
Use of previous findings and records ‑ Deflection (Effective after January 1, 2027) |
| 27-20.5-05 |
Due process (Effective after January 1, 2027) |
| 27-20.5-06 |
Fitness to proceed examination (Effective after January 1, 2027) |
| 27-20.5-07 |
Fitness to proceed hearing (Effective after January 1, 2027) |
| 27-20.5-08 |
Remediation (Effective after January 1, 2027) |
| 27-20.5-09 |
Disposition (Effective after January 1, 2027) |
Chapter 27-20.6 - Re-establishment of Parental Rights and Responsibilities
Chapter 27-21 - Division of Juvenile Services
| Section |
Section Name |
| 27-21-00.1 |
Definitions |
| 27-21-01 |
Creation of division of juvenile services ‑ Director |
| 27-21-02 |
Division of juvenile services ‑ Powers and duties |
| 27-21-02.1 |
Placement procedures |
| 27-21-03 |
Temporary care |
| 27-21-04 |
Creation of state youth authority advisory board ‑ Members ‑ Meetings ‑ Powers and duties |
| 27-21-05 |
Division of juvenile services to report to the committing juvenile court |
| 27-21-06 |
Division of juvenile services to contract with facilities in other states for care |
| 27-21-07 |
Report by caretaker to division of juvenile services |
| 27-21-08 |
Planning ‑ Development |
| 27-21-09 |
Cooperation with other agencies and departments of the state ‑ Right to inspect facilities of state institutions ‑ Right to examine children |
| 27-21-10 |
Cooperation with federal agencies and departments |
| 27-21-11 |
Transfer of students from the North Dakota youth correctional center to other institutions |
| 27-21-12 |
Division of juvenile services files and records confidentiality |
Chapter 27-22 - Interstate Compact on Juveniles [Repealed]
Chapter 27-23 - Judicial Conduct Commission
| Section |
Section Name |
| 27-23-01 |
Definitions |
| 27-23-02 |
Creation and composition of commission, terms of office, appointment, and powers |
| 27-23-03 |
Other powers |
| 27-23-04 |
Cooperation with, and assistance and information to, commission |
| 27-23-05 |
Duty of sheriffs and police officers to serve process and execute orders of commission |
| 27-23-06 |
General powers of commission, hearing panel, and disciplinary counsel |
| 27-23-07 |
Process extends to all parts of state |
| 27-23-08 |
Petition for order compelling person to attend or testify or produce writings or things ‑ Service of order to appear before court ‑ Order to appear before commission or hearing panel ‑ Contempt |
| 27-23-09 |
Deposition |
| 27-23-10 |
Fees and mileage of witnesses |
| 27-23-11 |
Costs |
| 27-23-12 |
Commission budget |
Chapter 27-24 - Temporary Judges
| Section |
Section Name |
| 27-24-01 |
Appointment of eligible person to temporary judgeship |
| 27-24-02 |
Transfer, challenge, disqualification, and supervision of person appointed |
| 27-24-03 |
Extension and termination of appointment of temporary judge ‑ Eligibility to appear as an attorney |
| 27-24-04 |
Compensation and expenses of person appointed temporary judge |
Chapter 27-25 - Judicial Nominating Committee
| Section |
Section Name |
| 27-25-01 |
Definitions |
| 27-25-02 |
Creation and composition of committee ‑ Terms of office ‑ Appointment ‑ Vacancies |
| 27-25-03 |
Submission of nominee list to governor |
| 27-25-04 |
Governor to appoint or call special election |
| 27-25-05 |
Powers and duties |
| 27-25-06 |
Submission of names by citizens ‑ Withdrawal |
| 27-25-07 |
Committee members ineligible for vacancy appointment |
| 27-25-08 |
Expenses of committee |
| 27-25-09 |
Committee budget |
Chapter 27-26 - Nominating County Court Judges [Repealed]
Chapter 27-27 - Task Force on Guardianship Monitoring [Repealed]
Title 28 - Judicial Procedure, Civil
Chapter 28-01 - Time for Commencing Actions
| Section |
Section Name |
| 28-01-01 |
Actions relating to real estate brought by state of North Dakota ‑ Limitations |
| 28-01-02 |
Actions relating to real estate brought by person claiming through grant from state ‑ Limitations |
| 28-01-03 |
Actions relating to real estate when state grant judicially declared void ‑ Limitations |
| 28-01-04 |
Actions for recovery or possession of real property ‑ Limitations |
| 28-01-05 |
Actions founded upon title to real estate or to rents or services therefrom ‑ Limitations |
| 28-01-06 |
Actions founded upon entry upon real estate ‑ Limitations |
| 28-01-07 |
Presumption against adverse possession of real estate |
| 28-01-08 |
Adverse possession when based upon written instrument |
| 28-01-09 |
Acts constituting adverse possession based upon a written instrument |
| 28-01-10 |
Extent of real estate affected by adverse possession not based on written instrument |
| 28-01-11 |
Acts constituting adverse possession not based upon a written instrument |
| 28-01-12 |
When possession of tenant presumed to be possession of landlord |
| 28-01-13 |
Possession not affected by descent |
| 28-01-14 |
Disabilities extend limitations on actions affecting real estate |
| 28-01-15 |
Actions having ten‑year limitations |
| 28-01-16 |
Actions having six‑year limitations |
| 28-01-17 |
Actions having three‑year limitations ‑ Exceptions |
| 28-01-18 |
Actions having two‑year limitations |
| 28-01-19 |
Actions having one‑year limitations |
| 28-01-20 |
Limitations on actions for forfeitures brought by persons or state |
| 28-01-21 |
Limitations on actions founded on right of homestead |
| 28-01-22 |
Limitations on actions not specifically provided for |
| 28-01-22.1 |
Actions against state ‑ Limitation |
| 28-01-23 |
Limitations in chapter applicable to state |
| 28-01-24 |
Limitations on claims for relief fraudulently concealed |
| 28-01-25 |
Disabilities extend limitations on actions generally ‑ Exceptions |
| 28-01-25.1 |
Limitation on actions alleging childhood sexual abuse |
| 28-01-25.2 |
Limitation on claims for sexual assault |
| 28-01-26 |
Limitation in case of death |
| 28-01-26.1 |
Survival of claims for relief |
| 28-01-27 |
Limitation in case of war |
| 28-01-28 |
Limitation when judgment reversed |
| 28-01-29 |
Limitation when commencement of action stayed |
| 28-01-30 |
When limitation for disability available |
| 28-01-31 |
Limitation for coexisting disabilities |
| 28-01-32 |
Absence from state tolls limitations ‑ Exception |
| 28-01-33 |
Actions against directors or stockholders of moneyed corporations or banking associations for statutory penalties or forfeiture ‑ Limitation |
| 28-01-34 |
Actions upon judgments rendered in courts of state not maintainable without leave of court |
| 28-01-35 |
Bank notes |
| 28-01-36 |
New promise must be in writing in order to extend limitation ‑ Effect of any payment |
| 28-01-37 |
When claim for relief upon open account accrues |
| 28-01-38 |
When action deemed commenced |
| 28-01-39 |
Defense of limitations to be taken by answer |
| 28-01-40 |
Reports of loss through pesticide application required |
| 28-01-41 |
Contents of verified reports of damage |
| 28-01-42 |
Cancellation or enforcement of contract for sale of real estate ‑ Limitation ‑ When time begins to run ‑ Commencement of proceedings |
| 28-01-43 |
Foreclosure of real estate mortgage ‑ Limitation ‑ When time begins to run ‑ Commencement of proceedings |
| 28-01-44 |
Limitation of action ‑ Person submitting plans for improvements to real estate |
| 28-01-45 |
Limitation of action against abstracter |
| 28-01-46 |
Expert opinion required to maintain an action based upon alleged medical negligence except in obvious cases |
| 28-01-46.1 |
Waiver of privilege for health care providers and informal discussion |
| 28-01-47 |
Limitation of action for asbestos claims |
| 28-01-48 |
Action based on real estate transaction duty ‑ Three‑year limitation |
Chapter 28-01.1 - Products Liability Act [Repealed]
Chapter 28-01.2 - Uniform Conflict of Laws - Limitations Act
Chapter 28-01.3 - Products Liability
| Section |
Section Name |
| 28-01.3-01 |
Definitions |
| 28-01.3-02 |
Limitation on ad damnum clause |
| 28-01.3-03 |
Alteration or modification of product is defense to action |
| 28-01.3-04 |
Liability of nonmanufacturing sellers |
| 28-01.3-05 |
Indemnity of seller |
| 28-01.3-06 |
Determination of defective product |
| 28-01.3-07 |
Declaration of legislative findings and intent |
| 28-01.3-08 |
Statute of limitation and repose |
| 28-01.3-09 |
Rebuttable presumption against defects |
| 28-01.3-10 |
Product liability actions and immunity for a firearm or ammunition manufacturer |
| 28-01.3-11 |
Pesticide labeling ‑ Duty to warn ‑ Defenses |
Chapter 28-01.4 - Aviation Manufacturer Products Liability
| Section |
Section Name |
| 28-01.4-01 |
Definitions |
| 28-01.4-02 |
Compliance with federal standards ‑ Presumptions and defenses |
| 28-01.4-03 |
State‑of‑the‑art defense |
| 28-01.4-04 |
Useful safe life ‑ Statute of repose ‑ Statute of limitation |
Chapter 28-02 - Parties to Civil Actions [Superseded by North Dakota Rules of Civil Procedure]
Chapter 28-03 - Guardians Ad Litem
| Section |
Section Name |
| 28-03-01 |
Appointment of guardian ad litem for infant plaintiff |
| 28-03-02 |
Appointment of guardian ad litem for infant defendant ‑ Resident |
| 28-03-03 |
Appointment of guardian ad litem for infant defendant ‑ Nonresident |
| 28-03-04 |
Appointment of guardian ad litem for person of unsound mind |
| 28-03-05 |
Guardian ad litem not to receive ward's money or property until security is given ‑ Exception |
| 28-03-06 |
Liability for costs of guardian ad litem appointed for a defendant |
Chapter 28-04 - Venue
| Section |
Section Name |
| 28-04-01 |
Venue of actions relating to real property |
| 28-04-02 |
Personal actions having venue where subject matter is located |
| 28-04-03 |
Actions having venue where the cause arose |
| 28-04-03.1 |
Venue in motor vehicle cases |
| 28-04-04 |
Venue of actions against domestic corporations and limited liability companies |
| 28-04-05 |
Actions having venue where defendant resides |
| 28-04-05.1 |
Venue of trials |
| 28-04-06 |
Action triable in improper county unless defendant requests change ‑ Exception |
| 28-04-07 |
Court may change venue ‑ Cases |
| 28-04-08 |
Effect and transfer of papers upon change of venue |
| 28-04-09 |
Change of place of pretrial proceedings ‑ Expenses |
| 28-04-10 |
Change of place of trial ‑ Jury ‑ Expenses |
Chapter 28-04.1 - Jurisdiction by Agreement of Parties
Chapter 28-05 - Lis Pendens
| Section |
Section Name |
| 28-05-01 |
Civil action ‑ How commenced |
| 28-05-02 |
Requisites of summons in actions in the district court |
| 28-05-03 |
Form of civil summons in district court |
| 28-05-04 |
Summons and procedure where complaint not served with summons |
| 28-05-05 |
Action deemed discontinued if complaint not served with summons and not filed within thirty days |
| 28-05-06 |
Notice of no personal claim |
| 28-05-07 |
Lis pendens ‑ Effect |
| 28-05-07.1 |
Lis pendens ‑ Notice ‑ Limitation of ten years |
| 28-05-08 |
Cancellation of lis pendens |
| 28-05-09 |
When lis pendens not required |
| 28-05-10 |
When civil action deemed pending |
| 28-05-11 |
Filing of summons and pleadings ‑ Time for ‑ Order requiring ‑ Costs on order for |
Chapter 28-06 - Service of Process [Superseded by North Dakota Rules of Civil Procedure]
Chapter 28-06.1 - Service of Process on and Jurisdiction Over Nonresidents [Superseded by North Dakota Rules of Civil Procedure]
Chapter 28-06.2 - Service of Process on United States
| Section |
Section Name |
| 28-06.2-01 |
Process served upon the United States ‑ Persons designated to receive summons and complaint |
| 28-06.2-02 |
Service upon officer, employee, agency, or government corporation of the United States |
| 28-06.2-03 |
Answer by United States ‑ Time limitation |
| 28-06.2-04 |
Service upon officer or employee acting under color of federal employment |
| 28-06.2-05 |
Procedures governing other matters remain the same |
Chapter 28-07 - Pleadings in Civil Actions [Superseded by North Dakota Rules of Civil Procedure]
Chapter 28-08 - Dismissal of Actions [Superseded by North Dakota Rules of Civil Procedure]
Chapter 28-09 - Judgment Without Trial [Superseded by North Dakota Rules of Civil Procedure]
Chapter 28-10 - Confession of Judgment [Superseded by North Dakota Rules of Civil Procedure]
Chapter 28-11 - Pretrial Conferences [Superseded by North Dakota Rules of Civil Procedure]
Chapter 28-12 - Trial, General Provisions [Superseded by North Dakota Rules of Civil Procedure]
Chapter 28-13 - Prejudice of Trial Judge [Repealed]
Chapter 28-14 - Trial by Jury
Chapter 28-15 - Verdict, Forms, Direction of [Superseded by North Dakota Rules of Civil Procedure]
Chapter 28-16 - Trial by the Court [Superseded by North Dakota Rules of Civil Procedure]
Chapter 28-17 - References and Trials by Referees [Superseded by North Dakota Rules of Civil Procedure]
Chapter 28-18 - Record for Review [Superseded by North Dakota Rules of Civil Procedure]
Chapter 28-19 - New Trials [Superseded by North Dakota Rules of Civil Procedure]
Chapter 28-20 - Judgments
| Section |
Section Name |
| 28-20-01 |
Judgment entered by clerk on order |
| 28-20-02 |
Notice of entry of judgment served |
| 28-20-03 |
Rules for rendition of judgment |
| 28-20-04 |
Relief limited by complaint |
| 28-20-05 |
Death before judgment |
| 28-20-06 |
Judgments ‑ Collection from property of decedent |
| 28-20-07 |
Judgment in action to recover personalty |
| 28-20-08 |
Judgment may order delivery of possession ‑ Enforcement |
| 28-20-09 |
Transfer of title or discharge of encumbrance by court |
| 28-20-10 |
Judgment book |
| 28-20-11 |
How judgment entered ‑ Notice when entered |
| 28-20-12 |
Judgment roll ‑ Contents |
| 28-20-13 |
Docketing judgment ‑ Transcript to other counties ‑ Lien on real property |
| 28-20-14 |
Release of judgment lien on appeal |
| 28-20-15 |
Affidavit of identification required before filing of judgments |
| 28-20-16 |
How judgment docketed |
| 28-20-17 |
Duties of clerks on filing transcript |
| 28-20-18 |
Docketing judgments of United States courts ‑ Effect |
| 28-20-19 |
Docketing of county court judgments ‑ Effect |
| 28-20-20 |
Assignment of judgment to be entered upon the judgment docket |
| 28-20-21 |
Renewal of judgments by affidavit (Repealed effective August 1, 2031) |
| 28-20-22 |
Affidavit of renewal ‑ Where filed ‑ Entry (Repealed effective August 1, 2031) |
| 28-20-23 |
Lien extended for ten years by renewal (Repealed effective August 1, 2031) |
| 28-20-24 |
Satisfaction of judgment |
| 28-20-25 |
Discharge of record |
| 28-20-26 |
Partial satisfaction |
| 28-20-27 |
Cancellation of judgment transcripted to other counties |
| 28-20-28 |
Satisfaction of judgment when creditor cannot be found or satisfaction is refused |
| 28-20-29 |
Satisfaction of judgment pending appeal by judgment creditor |
| 28-20-30 |
Cancellation of judgment against bankrupts ‑ Procedure |
| 28-20-30.1 |
Effect of bankruptcy on judgment lien |
| 28-20-31 |
Certificate of clerk of bankruptcy court to be prima facie evidence of service |
| 28-20-32 |
Affidavit of applicant to be served with notice of motion |
| 28-20-33 |
Mutual judgments set off |
| 28-20-34 |
Interest rate on judgments |
| 28-20-35 |
Cancellation of judgment of record |
| 28-20-36 |
Application of partial payments on judgments |
Chapter 28-20.1 - Enforcement of Foreign Judgments
Chapter 28-20.2 - Uniform Foreign Money - Judgments Recognition Act [Repealed]
Chapter 28-20.3 - Uniform Foreign Money Judgments Recognition Act
Chapter 28-21 - Execution of the Judgment
| Section |
Section Name |
| 28-21-01 |
Execution at any time within twenty years |
| 28-21-02 |
Stay of execution but not of judgment |
| 28-21-03 |
Two kinds of execution |
| 28-21-03.1 |
General execution |
| 28-21-04 |
Special executions |
| 28-21-04.1 |
Self‑execution judgments |
| 28-21-04.2 |
Summary execution on moneys retained pursuant to garnishment |
| 28-21-05 |
Execution issued to sheriff of counties where judgment docketed |
| 28-21-05.1 |
Levy with certified copy of judgment |
| 28-21-05.2 |
Department of health and human services may issue executions for child support arrearages |
| 28-21-06 |
Issuance and contents of execution |
| 28-21-07 |
Time of return |
| 28-21-08 |
Property subject to levy ‑ Manner of levy |
| 28-21-09 |
Pledged or mortgaged property may be levied on |
| 28-21-10 |
Officer's proceedings on execution |
| 28-21-11 |
Levy and sale |
| 28-21-12 |
Notice of levy ‑ Service ‑ Contents |
| 28-21-12.1 |
Property delivery ‑ Penalty |
| 28-21-13 |
Amount levied ‑ When lien on personalty |
| 28-21-13.1 |
Levy when more than one execution is outstanding |
| 28-21-14 |
What need not be sold |
| 28-21-15 |
Payment to sheriff by debtor's debtor |
| 28-21-16 |
Claim by third person ‑ Sheriff's jury |
| 28-21-17 |
Execution against principal first |
| 28-21-18 |
Return of writ by mail |
| 28-21-19 |
Amercement of sheriff |
| 28-21-20 |
Amercement of clerk |
| 28-21-21 |
Measure of amercement |
| 28-21-22 |
Procedure against officer |
| 28-21-23 |
Surety of sheriff made party |
| 28-21-24 |
Officer's reimbursement |
| 28-21-25 |
Limitation on bond requirements in litigation |
| 28-21-26 |
Amount payable to sheriff by depository institution or credit union |
Chapter 28-22 - Exemptions
| Section |
Section Name |
| 28-22-01 |
Property exempt from all process |
| 28-22-01.1 |
Head of a family defined |
| 28-22-02 |
Absolute exemption |
| 28-22-03 |
Additional exemption for head of a family |
| 28-22-03.1 |
Additional exemptions for residents |
| 28-22-04 |
Specific alternative exemptions |
| 28-22-05 |
Exemptions of an unmarried person without dependents |
| 28-22-06 |
Claim to be made within ten days |
| 28-22-07 |
How exemptions claimed ‑ Appraisal |
| 28-22-08 |
How appraisers selected |
| 28-22-09 |
Oath and duties of appraisers |
| 28-22-10 |
Selection after appraisal |
| 28-22-11 |
Spouse or child over sixteen may act |
| 28-22-12 |
Sheriff's inventory of exemptions |
| 28-22-13 |
Partnership or limited liability company can claim but one exemption |
| 28-22-14 |
Property not exempt in action for its purchase price |
| 28-22-15 |
When only absolute exemptions allowed |
| 28-22-16 |
Exemptions limited in certain cases |
| 28-22-17 |
Nonavailability of federal bankruptcy exemptions |
| 28-22-18 |
Wages ‑ Exemption restricted |
| 28-22-19 |
Exemptions from legal process ‑ Public pensions, assistance, and awards |
Chapter 28-23 - Sales Under Execution
| Section |
Section Name |
| 28-23-01 |
Sale of personal property ‑ Notice of sale |
| 28-23-02 |
Sale of crops |
| 28-23-03 |
Perishable property |
| 28-23-04 |
Sale of real property ‑ Notice of sale ‑ Contents |
| 28-23-05 |
Where sale of real property made |
| 28-23-06 |
Place of sale of personal property |
| 28-23-07 |
Time and manner of sale |
| 28-23-08 |
Postponements |
| 28-23-09 |
Surplus paid judgment debtor |
| 28-23-10 |
Sale after ninety days ‑ Abandonment of levy |
| 28-23-11 |
Purchaser's right ‑ Sheriff's certificate |
| 28-23-12 |
Recording of sheriff's certificate required ‑ Evidence |
| 28-23-13 |
Proceedings upon confirmation |
| 28-23-14 |
Reversal does not defeat sale |
Chapter 28-24 - Redemption of Real Estate
| Section |
Section Name |
| 28-24-01 |
Who may redeem ‑ Redemptioner |
| 28-24-02 |
Payment on and period of redemption |
| 28-24-03 |
Redemption by redemptioner ‑ Notice to be recorded |
| 28-24-04 |
Successive redemptions ‑ Time |
| 28-24-05 |
Redemptioner production of requisite papers |
| 28-24-06 |
Redemption by debtor ‑ Recording certificate ‑ Rights of redemption |
| 28-24-07 |
Protection of purchaser during period of redemption |
| 28-24-08 |
Protection of debtor |
| 28-24-09 |
Payments ‑ To whom made |
| 28-24-10 |
Notice of additional lien |
| 28-24-11 |
Debtor entitled to rents during redemption period |
| 28-24-12 |
Waste restrained ‑ Use of premises |
| 28-24-13 |
Sheriff shall execute deed |
| 28-24-14 |
Effect of sheriff's deed ‑ Contents |
| 28-24-15 |
Sheriff's successor may execute deed |
| 28-24-16 |
Chapter applicable to mortgage foreclosures |
Chapter 28-25 - Proceedings Supplementary to the Execution
| Section |
Section Name |
| 28-25-01 |
Examination of judgment debtor |
| 28-25-02 |
Where examination held |
| 28-25-03 |
Before whom examination held |
| 28-25-04 |
Witnesses may be called |
| 28-25-05 |
When debtor may be arrested |
| 28-25-06 |
Debtor cannot claim privilege |
| 28-25-07 |
Examination of debtor's debtor |
| 28-25-08 |
Proceedings applicable to joint debtors |
| 28-25-09 |
Witnesses ‑ Attendance compelled |
| 28-25-10 |
Answers on oath ‑ Referee reports to court |
| 28-25-11 |
Property applied ‑ Wages exempt ‑ Suspension of recreational licenses for nonpayment of defaulted state guaranteed student loans |
| 28-25-12 |
Receiver appointed ‑ Transfers enjoined |
| 28-25-13 |
Record of orders |
| 28-25-14 |
Procedure on adverse claims |
| 28-25-15 |
Allowance of witness fees and disbursements |
| 28-25-16 |
Punishment for contempt |
Chapter 28-26 - Costs and Disbursements
| Section |
Section Name |
| 28-26-01 |
Attorney's fees by agreement ‑ Exceptions ‑ Awarding of costs and attorney's fees to prevailing party |
| 28-26-02 |
Amount of costs in specific cases |
| 28-26-03 |
Costs on appeal from county justice |
| 28-26-04 |
Attorney's fee in instrument void |
| 28-26-05 |
Costs on foreclosure of liens |
| 28-26-06 |
Disbursements taxed in judgment |
| 28-26-07 |
When costs allowed to plaintiff |
| 28-26-07.1 |
Notice of no personal claim |
| 28-26-08 |
Costs specially limited |
| 28-26-09 |
When costs allowed to defendant |
| 28-26-10 |
Costs in discretion of court |
| 28-26-11 |
Costs of appeal ‑ When discretionary |
| 28-26-12 |
Costs on dismissal of action |
| 28-26-13 |
Interest on verdict |
| 28-26-14 |
Notice of taxing costs ‑ Verification ‑ Items |
| 28-26-15 |
Notice of retaxation ‑ Procedure |
| 28-26-16 |
Taxation reviewed on motion |
| 28-26-17 |
Costs of postponement |
| 28-26-18 |
Costs on motion |
| 28-26-19 |
Taxing costs |
| 28-26-20 |
Payment of costs against infant plaintiff |
| 28-26-21 |
Payment of costs from trust funds |
| 28-26-22 |
Payment of costs against state ‑ Exception |
| 28-26-23 |
Action in name of state ‑ Costs charged against party in interest |
| 28-26-24 |
Liability for costs on judgment against assignee |
| 28-26-25 |
Nonresident must furnish surety |
| 28-26-26 |
Responsibility of surety |
| 28-26-27 |
Dismissal when surety not given |
| 28-26-28 |
Surety on becoming nonresident |
| 28-26-29 |
When additional surety demanded |
| 28-26-30 |
Judgment against surety |
| 28-26-31 |
Pleadings not made in good faith |
Chapter 28-27 - Appeals to Supreme Court
| Section |
Section Name |
| 28-27-01 |
Appeals to supreme court |
| 28-27-02 |
What orders reviewable |
| 28-27-02.1 |
Order shall describe papers on which made |
| 28-27-03 |
Appellant and respondent defined ‑ Title to action on appeal unchanged |
| 28-27-04 |
Time for appeal |
| 28-27-05 |
How appeal taken |
| 28-27-06 |
Clerk to transmit papers |
| 28-27-07 |
Record on appeal |
| 28-27-08 |
Additional time to prepare record |
| 28-27-09 |
Appeal ineffectual without undertaking |
| 28-27-09.1 |
From whom undertaking not required unless ordered by court |
| 28-27-10 |
Deposit for undertaking ‑ Waiver |
| 28-27-11 |
Execution not stayed without undertaking |
| 28-27-12 |
Undertaking to stay execution for delivery of personalty |
| 28-27-13 |
To stay execution of conveyance |
| 28-27-14 |
Undertaking to stay execution ‑ To sell or deliver realty |
| 28-27-15 |
Undertaking to stay abatement of nuisance |
| 28-27-16 |
Undertaking to stay other executions |
| 28-27-17 |
To stay intermediate orders |
| 28-27-18 |
Undertaking on orders as to provisional remedies |
| 28-27-19 |
From whom undertaking not required unless ordered by court |
| 28-27-20 |
When new undertaking required |
| 28-27-21 |
Undertakings in one instrument or several |
| 28-27-22 |
Determining amount and effect of undertaking ‑ Notice ‑ Supreme court may make order |
| 28-27-23 |
Sureties must justify |
| 28-27-24 |
Effect of perfected appeal ‑ Perishable property |
| 28-27-25 |
Reference to ascertain damages ‑ Breach of undertaking |
| 28-27-26 |
Amendment of appeals |
| 28-27-27 |
Motion for new trial not necessary |
| 28-27-28 |
Errors on face of record and intermediate orders reviewable |
| 28-27-29 |
Power of supreme court on appeals |
| 28-27-29.1 |
Orders separately reviewable on appeal |
| 28-27-30 |
Clerk to remit record and decision |
| 28-27-31 |
When new trial ordered ‑ Time limited |
| 28-27-32 |
Appeals in all actions tried to the court without a jury |
| 28-27-33 |
Printing of abstracts not required |
| 28-27-33.1 |
Supreme court to establish rules regarding briefs |
| 28-27-34 |
Filing of briefs |
| 28-27-35 |
Briefs |
| 28-27-36 |
Opinions of court to parties |
| 28-27-37 |
Affirmance or dismissal upon default |
| 28-27-38 |
Rehearing |
| 28-27-39 |
Petitions for rehearing ‑ Form of |
| 28-27-40 |
Costs for briefs |
Chapter 28-28 - Motions, Orders, and Notices [Superseded by North Dakota Rules of Civil Procedure]
Chapter 28-29 - Relief From Defaults and Hardships
| Section |
Section Name |
| 28-29-01 |
Opening default judgment ‑ Supplying omissions |
| 28-29-02 |
Extension of time |
| 28-29-03 |
Cause must be shown for extending time to answer |
| 28-29-04 |
Power of courts when prices are confiscatory |
| 28-29-05 |
Courts may delay orders in foreclosures |
| 28-29-06 |
Public policy |
| 28-29-07 |
Debtor allowed reasonable time to make good default under security agreement |
| 28-29-07.1 |
Redemption of property after retaking under conditional sales contract ‑ Notice |
| 28-29-08 |
Enjoining mortgagee from foreclosing mortgage or vendor from taking possession or selling property permissible |
Chapter 28-30 - Miscellaneous Rules of Practice in District Courts [Superseded by North Dakota Rules of Civil Procedure]
Chapter 28-31 - Practice Before Supreme Court
Chapter 28-32 - Administrative Agencies Practice Act
| Section |
Section Name |
| 28-32-01 |
Definitions |
| 28-32-02 |
Rulemaking power of agency ‑ Organizational rule |
| 28-32-03 |
Emergency rules |
| 28-32-04 |
Repeal or waiver of rules from federal guidelines |
| 28-32-05 |
Adoption by reference of certain rules |
| 28-32-06 |
Force and effect of rules |
| 28-32-07 |
Deadline for rules to implement statutory change |
| 28-32-08 |
Regulatory analysis |
| 28-32-08.1 |
Rules affecting small entities ‑ Analysis ‑ Economic impact statements ‑ Judicial review |
| 28-32-08.2 |
Fiscal notes for rules |
| 28-32-09 |
Takings assessment |
| 28-32-10 |
Notice of rulemaking ‑ Hearing date |
| 28-32-11 |
Conduct of hearings ‑ Notice of administrative rules committee consideration ‑ Consideration and written record of comments |
| 28-32-12 |
Comment period |
| 28-32-13 |
Substantial compliance with rulemaking procedure |
| 28-32-14 |
Attorney general review of rules |
| 28-32-15 |
Filing of rules for publication ‑ Effective date of rules |
| 28-32-16 |
Petition for reconsideration of rule ‑ Hearing |
| 28-32-17 |
Administrative rules committee objection |
| 28-32-18 |
Administrative rules committee may void rule ‑ Grounds ‑ Amendment by agreement of agency and committee |
| 28-32-18.1 |
Administrative rules committee review of existing rules |
| 28-32-19 |
Publication of administrative code and code supplement |
| 28-32-20 |
Notification of code and code supplement |
| 28-32-20.1 |
Agency enforcement of rules - Disclosure of authority |
| 28-32-21 |
Adjudicative proceedings ‑ Procedures |
| 28-32-22 |
Informal disposition |
| 28-32-23 |
Adjudicative proceedings ‑ Exceptions ‑ Rules of procedure |
| 28-32-24 |
Evidence to be considered by agency ‑ Official notice |
| 28-32-25 |
Adjudicative proceedings ‑ Consideration of information not presented at a hearing |
| 28-32-26 |
Costs of investigation |
| 28-32-27 |
Hearing officer ‑ Disqualification ‑ Substitution |
| 28-32-28 |
Intervention |
| 28-32-29 |
Prehearing conference |
| 28-32-30 |
Default |
| 28-32-31 |
Duties of hearing officers |
| 28-32-32 |
Emergency adjudicative proceedings |
| 28-32-33 |
Adjudicative proceedings ‑ Subpoenas ‑ Discovery ‑ Protective orders |
| 28-32-34 |
Administration of oaths ‑ Parties to be advised of perjury provisions |
| 28-32-35 |
Procedure at hearing |
| 28-32-36 |
Agency to make record |
| 28-32-37 |
Ex parte communications |
| 28-32-38 |
Separation of functions |
| 28-32-39 |
Adjudicative proceedings ‑ Findings of fact, conclusions of law, and order of agency ‑ Notice |
| 28-32-40 |
Petition for reconsideration |
| 28-32-41 |
Effectiveness of orders |
| 28-32-42 |
Appeal from determination of agency ‑ Time to appeal ‑ How appeal taken |
| 28-32-43 |
Docketing of appeals |
| 28-32-44 |
Agency to maintain and certify record on appeal |
| 28-32-45 |
Consideration of additional or excluded evidence |
| 28-32-46 |
Scope of and procedure on appeal from determination of administrative agency |
| 28-32-47 |
Scope of and procedure on appeal from agency rulemaking |
| 28-32-48 |
Appeal ‑ Stay of proceedings |
| 28-32-49 |
Review in supreme court |
| 28-32-50 |
Actions against administrative agencies ‑ Attorney's fees and costs |
| 28-32-51 |
Witnesses ‑ Immunity |
| 28-32-52 |
Elected official authority |
Chapter 28-33 - Interpreters for Deaf Persons
Chapter 28-34 - Local Governing Body Decision Appeal
| Section |
Section Name |
| 28-34-01 |
Appeals from local governing bodies ‑ Procedures |
Chapter 28-35 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
| Section |
Section Name |
| 28-35-01 |
(102) Definitions |
| 28-35-02 |
(103) International application of chapter |
| 28-35-03 |
(104) Communication between courts |
| 28-35-04 |
(105) Cooperation between courts |
| 28-35-05 |
(106) Taking testimony in another state |
| 28-35-06 |
(201) Definitions ‑ Significant connection factors |
| 28-35-07 |
(202) Exclusive basis |
| 28-35-08 |
(203) Jurisdiction |
| 28-35-09 |
(204) Special jurisdiction |
| 28-35-10 |
(205) Exclusive and continuing jurisdiction |
| 28-35-11 |
(206) Appropriate forum |
| 28-35-12 |
(207) Jurisdiction declined by reason of conduct |
| 28-35-13 |
(208) Notice of proceeding |
| 28-35-14 |
(209) Proceedings in more than one state |
| 28-35-15 |
(301) Transfer of guardianship or conservatorship to another state |
| 28-35-16 |
(302) Accepting guardianship or conservatorship transferred from another state |
| 28-35-17 |
(401) Registration of guardianship orders |
| 28-35-18 |
(402) Registration of protective orders |
| 28-35-19 |
(403) Effect of registration |
| 28-35-20 |
(502) Relation to Electronic Signatures in Global and National Commerce Act |
Chapter 28-36 - Vexatious Litigation
| Section |
Section Name |
| 28-36-01 |
Definitions |
| 28-36-02 |
Burden of proof ‑ Entry of order restricting vexatious litigation |
| 28-36-03 |
Roster |
| 28-36-04 |
Rules ‑ Authority |
Title 29 - Judicial Procedure, Criminal
Chapter 29-01 - General Provisions
| Section |
Section Name |
| 29-01-01 |
How crimes prosecuted ‑ Exceptions |
| 29-01-02 |
Criminal action medium of trial and punishment |
| 29-01-03 |
How prosecution entitled |
| 29-01-04 |
Affidavits need not be entitled |
| 29-01-05 |
Party defendant is party prosecuted |
| 29-01-06 |
Rights of defendant |
| 29-01-06.1 |
Rights of defendant ‑ Exception |
| 29-01-06.2 |
Summoned person to report to sheriff |
| 29-01-07 |
Only once prosecuted |
| 29-01-08 |
Extent of restraint permissible |
| 29-01-09 |
How conviction can be had |
| 29-01-10 |
Where district courts held |
| 29-01-11 |
District court always open ‑ Exception ‑ Question of fact ‑ Terms |
| 29-01-12 |
Decision of district court reviewable |
| 29-01-13 |
Definitions |
| 29-01-14 |
Who are magistrates |
| 29-01-15 |
Jurisdiction of municipal judges and small claims court referees |
| 29-01-16 |
When misdemeanor or infraction may be compromised |
| 29-01-17 |
Stay of proceedings upon compromise |
| 29-01-18 |
Order to stay is a bar |
| 29-01-19 |
Compromise limited |
| 29-01-20 |
Stolen property to be held by peace officer |
| 29-01-21 |
Magistrate to give order for delivery |
| 29-01-22 |
Delivery of stolen property by magistrate |
| 29-01-23 |
Court may order delivery of stolen property |
| 29-01-24 |
Unclaimed stolen property ‑ Delivery to county treasurer |
| 29-01-25 |
Receipt to accused and clerk or magistrate |
| 29-01-26 |
Duty of clerk or magistrate |
| 29-01-27 |
Indigent defendant ‑ Attorney appointed ‑ Compensation ‑ Limitation |
| 29-01-28 |
Spectators excluded from trial of minors |
| 29-01-29 |
Rule of construction of title |
| 29-01-30 |
To what this title applies |
| 29-01-31 |
Common law prevails when title silent |
| 29-01-32 |
Defendant required to disclose information to prosecuting attorney |
| 29-01-33 |
Change of place of criminal proceedings ‑ Jury |
Chapter 29-02 - Prevention of Public Offenses
| Section |
Section Name |
| 29-02-01 |
Lawful resistance to commission of offense, by whom made |
| 29-02-02 |
Resistance by party about to be injured |
| 29-02-03 |
Third person may resist offense |
| 29-02-04 |
Public offense may be prevented by officers |
| 29-02-05 |
Persons aiding officers justified |
| 29-02-06 |
Complaint for threatening, before whom laid |
| 29-02-07 |
Complaint as to threatened offense |
| 29-02-08 |
Magistrate must issue warrant |
| 29-02-09 |
Procedure when charge controverted |
| 29-02-10 |
When accused must be discharged |
| 29-02-11 |
When accused must give undertaking |
| 29-02-12 |
When undertaking is or is not given |
| 29-02-13 |
Accused committed ‑ How discharged ‑ Undertaking transmitted to district court |
| 29-02-14 |
Assault in presence of court ‑ Security required ‑ Committed on default |
| 29-02-15 |
Accused must appear at district court |
| 29-02-16 |
Complainant not appearing ‑ Accused discharged |
| 29-02-17 |
Procedure when parties appear |
| 29-02-18 |
When undertaking broken |
| 29-02-19 |
Action upon the undertaking to keep peace |
| 29-02-20 |
What alleged in action |
| 29-02-21 |
Limitation |
| 29-02-22 |
Costs to be taxed |
| 29-02-23 |
Police to attend public meetings ‑ Direction |
| 29-02-24 |
When officers may disperse assembly |
Chapter 29-03 - Local Jurisdiction of Public Offenses
| Section |
Section Name |
| 29-03-01 |
Crime commenced without this state and consummated within state |
| 29-03-01.1 |
When persons liable to prosecution in this state |
| 29-03-02 |
Duel without this state, causing death within ‑ Jurisdiction where death occurs |
| 29-03-03 |
Inhabitant leaving to evade law ‑ Jurisdiction in county of residence |
| 29-03-04 |
Part committed in different counties ‑ Jurisdiction in either |
| 29-03-05 |
Committed near boundary ‑ Jurisdiction in either |
| 29-03-06 |
On board vessel ‑ Jurisdiction in any county traversed |
| 29-03-07 |
Venue of offense in or against aircraft |
| 29-03-08 |
Venue of offenses committed on railroad train or other vehicle |
| 29-03-09 |
Venue of kidnapping, forcible restraint, unlawful imprisonment, electronic luring, or prostitution cases |
| 29-03-10 |
Venue of burglary, robbery, or theft cases ‑ Property taken from one county to another |
| 29-03-11 |
Treason ‑ Overt act without state |
| 29-03-12 |
Jurisdiction of accessory in county where committed |
| 29-03-13 |
Conviction or acquittal in another state bar to prosecution |
| 29-03-14 |
Conviction or acquittal in another county a bar in another |
| 29-03-15 |
Escaping from penitentiary ‑ Jurisdiction in Burleigh County |
| 29-03-16 |
Escaping from jail ‑ Jurisdiction where jail located |
| 29-03-17 |
Bringing stolen property into state |
| 29-03-18 |
Murder or manslaughter |
| 29-03-19 |
Action against a principal not present |
| 29-03-20 |
Prizefighting violations ‑ Jurisdiction |
| 29-03-21 |
When mailing of letter is criminal ‑ Venue |
| 29-03-22 |
Venue of multiple theft offenses involving credit cards |
Chapter 29-04 - Limitations
| Section |
Section Name |
| 29-04-01 |
Prosecution for murder not limited |
| 29-04-02 |
Prosecution for felony other than murder within three years |
| 29-04-02.1 |
Prosecution for a felony sexual offense or human trafficking |
| 29-04-03 |
Prosecution for misdemeanor or infraction within two years |
| 29-04-03.1 |
Prosecution for sexual abuse of minors |
| 29-04-03.2 |
Statute of limitations as to child victim |
| 29-04-04 |
Time of defendant's absence not part of limitation |
| 29-04-05 |
When prosecution is commenced |
Chapter 29-05 - The Complaint and Warrant of Arrest
| Section |
Section Name |
| 29-05-01 |
What complaint must state |
| 29-05-02 |
Who must make complaint |
| 29-05-03 |
Magistrate may examine complainant |
| 29-05-04 |
Accused arrested without warrant |
| 29-05-05 |
Witnesses other than complainant |
| 29-05-06 |
When a warrant of arrest to be issued |
| 29-05-07 |
Warrant defined ‑ Form |
| 29-05-08 |
Requisites of warrant ‑ Contents |
| 29-05-09 |
Direction and execution of warrant |
| 29-05-10 |
Peace officer defined |
| 29-05-11 |
Duty of officer if offense charged is felony |
| 29-05-11.1 |
Duty of peace officer to enter warrant |
| 29-05-12 |
Bail if offense charged is a misdemeanor or infraction |
| 29-05-13 |
Procedure when bail taken |
| 29-05-14 |
When bail is not given |
| 29-05-15 |
Misdemeanor within magistrate's jurisdiction ‑ Procedure |
| 29-05-16 |
When complaint sent to magistrate not issuing warrant |
| 29-05-17 |
Requirements of warrant for accused from other county ‑ Complaint to accompany |
| 29-05-18 |
Accused taken to proper county ‑ Delivery of complaint with the accused ‑ Depositions |
| 29-05-19 |
Procedure if offense is misdemeanor |
| 29-05-20 |
Unnecessary delay after arrest prohibited ‑ Attorney visitation |
| 29-05-21 |
Officer not liable to arrest while in charge of a person arrested |
| 29-05-22 |
Giving bail deemed waiver of examination |
| 29-05-23 |
Warrant transmitted by telegraph |
| 29-05-24 |
Duty of officer transmitting warrant |
| 29-05-25 |
Warrant returnable in county where issued ‑ Telegraphic copy deemed original ‑ Misdemeanor or infraction |
| 29-05-26 |
Arrest directed by telegraph |
| 29-05-27 |
How an order by wire executed ‑ Procedure |
| 29-05-28 |
Summons against corporation |
| 29-05-29 |
Form of summons |
| 29-05-30 |
Service of summons against corporation |
| 29-05-31 |
Uniform traffic complaint and summons |
| 29-05-32 |
Release of information contained in complaint or warrant |
Chapter 29-06 - Arrest
| Section |
Section Name |
| 29-06-01 |
Arrest defined |
| 29-06-02 |
Who may make an arrest |
| 29-06-03 |
Officer may summon aid to make arrest |
| 29-06-04 |
Persons must aid in making arrest |
| 29-06-05 |
Foreign peace officer in fresh pursuit may arrest in state |
| 29-06-05.1 |
Foreign officer providing transportation for law enforcement purposes |
| 29-06-05.2 |
Federal law enforcement officer ‑ Authority to make arrests |
| 29-06-05.3 |
Peace officers acting outside geographic jurisdiction |
| 29-06-06 |
Hearing before local magistrate and order thereon |
| 29-06-07 |
Definition of fresh pursuit |
| 29-06-08 |
When arrest made for felony, misdemeanor, or infraction |
| 29-06-09 |
How arrest made |
| 29-06-10 |
Restraint in an arrest is limited |
| 29-06-11 |
Warrant must be shown |
| 29-06-12 |
Officer must obey warrant in making arrest |
| 29-06-13 |
When defendant resists, force necessary may be used to make arrest |
| 29-06-13.1 |
Resisting peace officer |
| 29-06-14 |
Officer may break door |
| 29-06-15 |
Arrest without warrant ‑ Peace officer ‑ Federal agent |
| 29-06-15.1 |
Arrest of nonresident traffic violator |
| 29-06-16 |
Arrest at night ‑ Reasonable cause |
| 29-06-17 |
Officer shall state authority when arresting without warrant |
| 29-06-18 |
Arrest by bystander |
| 29-06-19 |
Offense committed in presence of magistrate |
| 29-06-20 |
When private person may arrest |
| 29-06-21 |
Must inform person of cause of arrest |
| 29-06-22 |
When a private person may break into a building |
| 29-06-23 |
Arrested by private person ‑ Duty ‑ Taken before magistrate |
| 29-06-24 |
Offensive weapons taken ‑ Delivery to magistrate |
| 29-06-25 |
Procedure against person arrested without warrant |
| 29-06-26 |
Who may break door to liberate self |
| 29-06-27 |
Shoplifting ‑ Arresting person exempt from liability |
Chapter 29-06.1 - Tribal Arrest Warrants
Chapter 29-07 - Preliminary Examinations
| Section |
Section Name |
| 29-07-01 |
Magistrate's duty ‑ Testimony may be taken |
| 29-07-01.1 |
Payment of expenses for defense of indigents ‑ Indigent defense administration fund ‑ Continuing appropriation |
| 29-07-02 |
Waiver of examination |
| 29-07-03 |
Examination of witnesses |
| 29-07-04 |
Magistrate must allow accused counsel |
| 29-07-05 |
The preliminary examination |
| 29-07-06 |
Change of place of hearing ‑ Procedure |
| 29-07-07 |
Adjournment ‑ Three days limit |
| 29-07-08 |
Disposition of accused on adjournment |
| 29-07-09 |
Commitment for examination |
| 29-07-10 |
Summoning of witnesses |
| 29-07-11 |
Procedure on examination ‑ Reading complaint |
| 29-07-12 |
How witnesses examined |
| 29-07-13 |
Witnesses kept separate ‑ Exclusion during the examination of any witness |
| 29-07-14 |
Persons not excluded |
| 29-07-15 |
Testimony reduced to writing ‑ Conditions ‑ Payment |
| 29-07-16 |
Accused may produce witnesses after state concludes testimony |
| 29-07-17 |
Keeping and disposition of depositions ‑ Violation is a misdemeanor |
| 29-07-18 |
Procedure ‑ Accused discharged |
| 29-07-19 |
Costs taxed when prosecution malicious |
| 29-07-20 |
Accused held to answer |
| 29-07-21 |
If offense not bailable defendant committed |
| 29-07-22 |
When offense bailable |
| 29-07-23 |
When bail not taken |
| 29-07-24 |
Commitment ‑ Procedure |
| 29-07-25 |
Form of commitment |
| 29-07-26 |
Magistrate must deliver papers to district court |
| 29-07-27 |
Charge investigated by magistrate if corporation appears |
| 29-07-28 |
Appearance by corporation ‑ Hearing ‑ Certificate of magistrate ‑ Procedure |
| 29-07-29 |
Return of certificate of probable cause ‑ Procedure |
| 29-07-30 |
Information or indictment against corporation without preliminary hearing |
| 29-07-31 |
Effect of failure by corporation to answer summons |
| 29-07-32 |
Record of magistrate to be kept on docket |
Chapter 29-08 - Bail
| Section |
Section Name |
| 29-08-01 |
Bail defined |
| 29-08-02 |
Admission to bail defined ‑ Delegation of authority by magistrate |
| 29-08-03 |
Taking of bail defined |
| 29-08-03.1 |
Supreme court uniform bail schedule initiative ‑ Report |
| 29-08-04 |
When bail must be taken |
| 29-08-05 |
Bail upon charge of murder in first degree |
| 29-08-06 |
Bail on appeal after conviction |
| 29-08-07 |
Amount of bail upon charge of larceny of livestock |
| 29-08-08 |
Admission to bail before conviction |
| 29-08-09 |
Admission to bail after conviction |
| 29-08-10 |
Bail in cases of illness |
| 29-08-11 |
Bail taken ‑ Order of discharge |
| 29-08-12 |
Qualification of bail ‑ Justification |
| 29-08-13 |
Fidelity and surety company may act as sureties on criminal undertaking for bail |
| 29-08-14 |
Deposit of money or bonds as bail |
| 29-08-15 |
Bail after deposit of money or bonds |
| 29-08-16 |
Notice to state's attorney |
| 29-08-17 |
Who may take bail |
| 29-08-18 |
Form of undertaking of bail |
| 29-08-19 |
Who may make order admitting to bail on appeal |
| 29-08-20 |
Defendant may be arrested by bail |
| 29-08-21 |
Forfeiture of bail ‑ Excuse ‑ Disposition of traffic violation cases |
| 29-08-22 |
Increase or decrease of bail ‑ Notice to state's attorney |
| 29-08-23 |
Additional security may be required by court |
| 29-08-24 |
Action on undertaking ‑ Defects not fatal |
| 29-08-25 |
When surety may be discharged |
| 29-08-26 |
Bail pending extradition |
| 29-08-27 |
Jumping bail a misdemeanor |
| 29-08-28 |
Bail ‑ Defendant's property |
Chapter 29-09 - Methods of Prosecution [Superseded by North Dakota Rules of Criminal Procedure]
Chapter 29-10 - Grand Jury [Repealed]
Chapter 29-10.1 - Grand Jury
| Section |
Section Name |
| 29-10.1-01 |
Grand jury defined ‑ Formation ‑ Functions |
| 29-10.1-02 |
When grand jury may be called |
| 29-10.1-03 |
Judge to summon grand jury |
| 29-10.1-04 |
Petition for grand jury ‑ Petitioners ‑ Number ‑ Session |
| 29-10.1-05 |
Challenges by state, when, and causes |
| 29-10.1-06 |
Challenge may be oral or written |
| 29-10.1-07 |
Challenge allowed or disallowed ‑ Entry by clerk |
| 29-10.1-08 |
Challenge allowed ‑ Procedure |
| 29-10.1-09 |
Jury discharged if challenge to panel allowed |
| 29-10.1-10 |
Challenge to panel after indictment presented |
| 29-10.1-11 |
Court to appoint foreman and vice foreman |
| 29-10.1-12 |
Oath of grand jurors |
| 29-10.1-13 |
Court shall charge grand jury ‑ Duty of court to advise |
| 29-10.1-14 |
Retirement of grand jurors |
| 29-10.1-15 |
Clerk appointment by grand jurors ‑ Duty |
| 29-10.1-16 |
Reporter ‑ Transcript |
| 29-10.1-17 |
Selection of jurors |
| 29-10.1-18 |
Expenses |
| 29-10.1-19 |
Subpoenas |
| 29-10.1-20 |
Filling vacancies |
| 29-10.1-21 |
General duties of grand jury |
| 29-10.1-22 |
Subjects of grand jury inquiry |
| 29-10.1-23 |
Grand jurors entitled to access to prisons and public records |
| 29-10.1-24 |
Member must report known offense and must give evidence |
| 29-10.1-25 |
Oath or affirmation to witness |
| 29-10.1-26 |
Reception of evidence |
| 29-10.1-27 |
Exculpatory evidence |
| 29-10.1-28 |
Who may be present during sessions of grand jury |
| 29-10.1-29 |
Duty of state's attorney |
| 29-10.1-30 |
Secrecy of things said and votes ‑ Limited disclosure by certain persons and under certain conditions |
| 29-10.1-31 |
When juror may disclose testimony upon order of the court |
| 29-10.1-32 |
Grand juror cannot be questioned |
| 29-10.1-33 |
When indictment ought to be found |
| 29-10.1-34 |
Finding indictment ‑ Number of jurors required |
| 29-10.1-35 |
Presentment of indictment to court by foreman |
| 29-10.1-36 |
Persons indicted ‑ How arrested |
| 29-10.1-37 |
Jurors to be discharged upon completion of business |
| 29-10.1-38 |
Transcript demand ‑ Waiver of transcript and preliminary examination, when |
| 29-10.1-39 |
Violation constitutes contempt |
Chapter 29-10.2 - State Grand Jury
| Section |
Section Name |
| 29-10.2-01 |
Definition |
| 29-10.2-02 |
Attorney general to request state grand jury ‑ District court to impanel jury |
| 29-10.2-03 |
Impaneling state grand jury ‑ Selection ‑ Composition |
| 29-10.2-04 |
Summoning jurors ‑ Presentation of evidence ‑ Return of indictments |
| 29-10.2-05 |
Grand jury investigations ‑ Confidentiality ‑ Exceptions |
| 29-10.2-06 |
Juror fees and expenses |
Chapter 29-11 - Proceedings on Information and Indictment [Superseded by North Dakota Rules of Criminal Procedure]
Chapter 29-12 - Process Upon Information and Indictment
| Section |
Section Name |
| 29-12-01 |
Presence enforced by direction of court |
| 29-12-02 |
Warrant of arrest |
| 29-12-03 |
Warrant, clerk to issue |
| 29-12-04 |
Warrant, form ‑ Felony |
| 29-12-05 |
Bench warrant, misdemeanor, infraction, or bailable felony |
| 29-12-06 |
Court must fix amount of bail |
| 29-12-07 |
Arrest upon bench warrant offense not bailable ‑ Custody |
| 29-12-08 |
Warrant served in any county |
| 29-12-09 |
Magistrate taking bail ‑ Procedure |
| 29-12-10 |
Felony, bail given ‑ Increased amount |
| 29-12-11 |
Procedure ‑ Defendant present, defendant absent |
| 29-12-12 |
Appearance of corporation charged with offense ‑ Pleas |
| 29-12-13 |
Information filed or indictment returned ‑ Summons |
| 29-12-14 |
Default of a corporation or limited liability company ‑ Plea ‑ Fine collected |
Chapter 29-13 - Arraignment [Superseded by North Dakota Rules of Criminal Procedure]
Chapter 29-14 - Motions and Pleas [Superseded by North Dakota Rules of Criminal Procedure]
Chapter 29-15 - Removal of Cause and Change of Judge
| Section |
Section Name |
| 29-15-01 |
Causes for removal of action |
| 29-15-02 |
Petition ‑ Notice ‑ Time to prepare |
| 29-15-03 |
Court must order only one change |
| 29-15-04 |
Duty of clerk |
| 29-15-05 |
Disposition of defendant upon removal |
| 29-15-06 |
Court may require bail |
| 29-15-07 |
Witnesses upon removal ‑ Undertaking ‑ Notice ‑ Subpoena |
| 29-15-08 |
Trial upon removal ‑ Original pleadings ‑ Copies |
| 29-15-09 |
Clerk, neglect upon removal ‑ Damages |
| 29-15-10 |
Several defendants, removal by one |
| 29-15-11 |
Removal by state ‑ Procedure |
| 29-15-12 |
Prosecution by officers of county where action was commenced ‑ Jurisdiction of court |
| 29-15-13 |
Prejudice or bias of judge ‑ Affidavit ‑ Filing |
| 29-15-14 |
Affidavit of prejudice to be filed |
| 29-15-15 |
The supreme court to designate trial judge |
| 29-15-16 |
Judge designated to conduct trial forthwith ‑ Notice to parties |
| 29-15-17 |
Expenses of judge designated |
| 29-15-18 |
Jurors not to be excused by disqualified judge |
| 29-15-19 |
Only one change of judges allowable |
| 29-15-20 |
Procedure when affidavit of prejudice and for change of venue is filed in criminal action |
| 29-15-21 |
Demand for change of judge |
Chapter 29-16 - Method of Trial
| Section |
Section Name |
| 29-16-01 |
Issue of fact |
| 29-16-02 |
Issues of fact tried by jury ‑ When trial by jury may be waived |
| 29-16-03 |
Presence of defendant if felony charged |
| 29-16-04 |
Presence of defendant in prosecution for misdemeanor |
| 29-16-05 |
Order or warrant requiring presence of defendant |
| 29-16-06 |
Presence of defendant at proceedings before and after trial |
| 29-16-07 |
Time to prepare for trial |
Chapter 29-17 - Trial Jury
| Section |
Section Name |
| 29-17-01 |
Jurors in criminal actions same as those summoned for civil actions |
| 29-17-02 |
How trial jury formed |
| 29-17-03 |
Clerk selection of juror names ‑ Randomized list |
| 29-17-04 |
Parties may require names of all jurors in panel to be called |
| 29-17-05 |
Manner of drawing jury |
| 29-17-06 |
Ballots laid aside until jurors discharged |
| 29-17-07 |
When jurors discharged names returned to box |
| 29-17-08 |
Name of absent or disqualified juror returned to box when jury completed |
| 29-17-09 |
Completion of panel ‑ Procedure |
| 29-17-10 |
Names of additional jurors ‑ Ballots deposited in box |
| 29-17-11 |
Drawing the jury |
| 29-17-12 |
Number of jurors ‑ How sworn |
| 29-17-13 |
Number failing, others summoned |
| 29-17-14 |
Juror may affirm |
| 29-17-15 |
Challenges defined and classified |
| 29-17-16 |
When several defendants are tried together they must join their challenges |
| 29-17-17 |
Panel defined |
| 29-17-18 |
Challenge to panel defined |
| 29-17-19 |
Causes for challenge to panel |
| 29-17-20 |
Challenge to panel before challenge to individual juror |
| 29-17-21 |
Sufficiency of facts controverted ‑ Procedure |
| 29-17-22 |
Facts stated in challenge denied ‑ Procedure |
| 29-17-23 |
Trial of question of fact |
| 29-17-24 |
Officers may be examined |
| 29-17-25 |
Challenge taken for officer's bias |
| 29-17-26 |
Challenge allowed ‑ Jury discharged |
| 29-17-27 |
Challenge to individual juror ‑ Peremptory or for cause |
| 29-17-28 |
Jurors examined by either party |
| 29-17-29 |
Challenge taken before juror sworn |
| 29-17-30 |
Peremptory challenge |
| 29-17-31 |
Challenges to prosecution and defendant |
| 29-17-32 |
Challenge for cause |
| 29-17-33 |
Challenges for cause defined and classified |
| 29-17-34 |
General causes of challenge specified |
| 29-17-35 |
Particular causes of challenge specified |
| 29-17-36 |
Matters constituting implied bias specified |
| 29-17-37 |
Exemption is not cause |
| 29-17-38 |
How challenge taken ‑ Cause stated |
| 29-17-39 |
Exception to the challenge |
| 29-17-40 |
All challenges tried by the court |
| 29-17-41 |
Juror challenged a witness |
| 29-17-42 |
Other witnesses may be examined ‑ Rules of evidence |
| 29-17-43 |
Court must allow or disallow challenge |
| 29-17-44 |
Order of taking challenges |
| 29-17-45 |
Order of challenges for cause |
| 29-17-46 |
Peremptory challenges taken |
| 29-17-47 |
Alternate jurors, selection ‑ Procedure |
| 29-17-48 |
Alternate jurors, oath ‑ Duties |
Chapter 29-18 - Dismissal of Prosecution [Superseded by North Dakota Rules of Criminal Procedure]
Chapter 29-19 - Continuance
| Section |
Section Name |
| 29-19-01 |
Definition of continuance |
| 29-19-02 |
Right to speedy trial |
| 29-19-03 |
Court may grant continuance |
| 29-19-04 |
Cause for postponement |
| 29-19-05 |
When application for continuance to be made |
| 29-19-06 |
Application for continuance on ground of absent witness |
| 29-19-07 |
Application for continuance on ground defendant or attorney is member of assembly ‑ Grounds |
| 29-19-08 |
Application for continuance to be in writing ‑ Contents |
| 29-19-09 |
Hearing of application and action thereon |
| 29-19-10 |
Entry of reasons for continuance in minutes of court |
| 29-19-11 |
Continuance when there are several defendants |
Chapter 29-20 - Determination of Defendant's Mental Condition [Repealed]
Chapter 29-21 - Trial
| Section |
Section Name |
| 29-21-01 |
Order of trial |
| 29-21-02 |
Order of trial may be changed for cause |
| 29-21-03 |
Court to decide questions of law |
| 29-21-04 |
Jurors generally determine only facts |
| 29-21-05 |
Presumption of innocence ‑ Acquittal on reasonable doubt |
| 29-21-06 |
Doubt as to degree of crime |
| 29-21-07 |
Persons jointly accused of crime jointly tried ‑ Exceptions |
| 29-21-08 |
Defendant discharged to testify |
| 29-21-09 |
Discharge to be witness for codefendant |
| 29-21-10 |
Such discharge an acquittal ‑ Bar to further prosecution |
| 29-21-11 |
Defendant witness in own behalf |
| 29-21-12 |
Rules of evidence |
| 29-21-12.1 |
Statements, admissions, or confessions procured by duress, fraud, threat, or promises inadmissible in any criminal action |
| 29-21-13 |
Forgery ‑ Proof on trial |
| 29-21-14 |
Testimony of accomplice ‑ Corroboration required |
| 29-21-15 |
Mistake in offense charged ‑ Other proceedings |
| 29-21-16 |
Mistake in charge not former acquittal nor putting once in jeopardy |
| 29-21-17 |
Trial on original charge after mistake |
| 29-21-18 |
Juror knowing fact ‑ Witness |
| 29-21-19 |
Want of jurisdiction appearing ‑ Jury discharged |
| 29-21-20 |
Disposition of accused on discharge of jury |
| 29-21-21 |
Admission to bail |
| 29-21-22 |
Certified copies of papers sent to proper county by clerk |
| 29-21-23 |
When accused discharged |
| 29-21-24 |
Proceedings if accused arrested |
| 29-21-25 |
Court must discharge accused ‑ Exception |
| 29-21-26 |
Jury may view place |
| 29-21-27 |
Custody and conduct of jury |
| 29-21-28 |
Court must admonish jury |
| 29-21-29 |
Counsel's argument restricted |
| 29-21-30 |
Instructing the jury ‑ Procedure |
| 29-21-31 |
Instructions to be read |
| 29-21-32 |
Fees for court reporter's instructions |
| 29-21-33 |
Charge ‑ Exceptions before given |
| 29-21-34 |
Defendant may be committed |
| 29-21-35 |
Death or illness of juror ‑ Procedure |
| 29-21-36 |
Substitute for state's attorney |
| 29-21-37 |
Court may advise jury to acquit |
| 29-21-38 |
Pleadings not evidence in criminal action |
Chapter 29-22 - Jury After Submission of Cause and Verdict
| Section |
Section Name |
| 29-22-01 |
Retirement of jurors |
| 29-22-02 |
Custody of jurors |
| 29-22-03 |
Selection of a foreman |
| 29-22-04 |
What papers jurors may take |
| 29-22-05 |
Disagreement ‑ Further instructions |
| 29-22-06 |
Court may recall jurors for supplemental instructions |
| 29-22-07 |
Court open during absence of jury |
| 29-22-08 |
Verdict prevented ‑ Cause retried |
| 29-22-09 |
Return of verdict |
| 29-22-10 |
Verdict may be oral or in writing ‑ Preparation |
| 29-22-11 |
Presence of defendant ‑ Felony or misdemeanor |
| 29-22-12 |
Procedure when jurors appear |
| 29-22-13 |
Jurors may be polled ‑ Procedure |
| 29-22-14 |
Clerk to record verdict ‑ Dissent ‑ Procedure |
| 29-22-15 |
General or special verdict ‑ Libel |
| 29-22-16 |
General verdicts ‑ Contents |
| 29-22-17 |
Special verdict ‑ Sufficiency |
| 29-22-18 |
Special verdict rendered in writing |
| 29-22-19 |
Form of special verdict |
| 29-22-20 |
Sealed verdict ‑ Proceedings upon |
| 29-22-21 |
Sealed verdict ‑ Admonition to jurors |
| 29-22-22 |
Verdict rendered and additional instruction given on any day |
| 29-22-23 |
Conviction of attempt or of included offense |
| 29-22-24 |
Finding on charge of previous conviction |
| 29-22-25 |
Several defendants ‑ Part convicted |
| 29-22-26 |
Verdict returned ‑ Duty of court ‑ May decrease or increase punishment |
| 29-22-27 |
Reconsideration of verdict of guilty ‑ None of acquittal |
| 29-22-28 |
Reconsideration of verdict neither general nor special |
| 29-22-29 |
Judgment if jurors persist ‑ Acquittal |
| 29-22-30 |
Judgment of acquittal ‑ Discharge of defendant |
| 29-22-31 |
Verdict of guilty ‑ Procedure |
| 29-22-32 |
Argument of special verdict |
| 29-22-33 |
Judgment upon special verdict |
| 29-22-34 |
New trial must be ordered for incomplete verdict |
| 29-22-35 |
When conviction or acquittal a bar |
| 29-22-36 |
When defense insanity and jury acquits |
| 29-22-37 |
Discharge of jurors |
| 29-22-38 |
Juror counseling following graphic evidence or testimony |
Chapter 29-23 - Proceedings After Verdict and Before Judgment
| Section |
Section Name |
| 29-23-01 |
Statement of the case ‑ How constituted |
| 29-23-02 |
Statement of case ‑ Its office ‑ What need not be embodied |
| 29-23-03 |
Statement of the case ‑ By whom settled |
| 29-23-04 |
Statement of the case ‑ Filing thereof ‑ Made part of record |
| 29-23-05 |
Matters deemed excepted to |
| 29-23-06 |
Instructions excepted to part of record |
| 29-23-07 |
Clerk to enter orders ‑ Certified copies |
| 29-23-08 |
When supreme court may settle statement |
| 29-23-09 |
Time may be extended |
| 29-23-10 |
Title construed |
| 29-23-11 |
An error in record basis of motion for new trial or appeal |
Chapter 29-24 - Motion for New Trial [Superseded by North Dakota Rules of Criminal Procedure]
Chapter 29-25 - Motion in Arrest of Judgment
| Section |
Section Name |
| 29-25-01 |
Motion in arrest of judgment defined |
| 29-25-02 |
Grounds for arrest of judgment |
| 29-25-03 |
Form and contents of motion ‑ Entry in minutes |
| 29-25-04 |
Notice of motion ‑ When motion heard and decided |
| 29-25-05 |
Effect of allowing a motion in arrest |
| 29-25-06 |
Judgment arrested ‑ Further prosecution ‑ Acquittal |
Chapter 29-26 - Judgment and Sentence
| Section |
Section Name |
| 29-26-01 |
Judgment after conviction ‑ Time |
| 29-26-02 |
Time specified for pronouncing judgment |
| 29-26-03 |
Judgment ‑ Where rendered |
| 29-26-04 |
Defendant's presence ‑ Felony or misdemeanor |
| 29-26-05 |
Officer to produce defendant |
| 29-26-06 |
Bench warrant if defendant does not appear for judgment |
| 29-26-07 |
Issuance of bench warrant ‑ Duty of clerk |
| 29-26-08 |
Form of bench warrant |
| 29-26-09 |
Bench warrant service |
| 29-26-10 |
Disposition of defendant on arrest |
| 29-26-11 |
Defendant informed of rights |
| 29-26-12 |
Defendant may show cause against judgment |
| 29-26-13 |
Procedure when insanity alleged as cause for not pronouncing sentence |
| 29-26-14 |
Procedure when nonidentity or pardon is alleged as cause for not pronouncing sentence |
| 29-26-15 |
Judgment rendered |
| 29-26-16 |
Court to hear evidence ‑ Degree of crime |
| 29-26-17 |
Extent of punishment ‑ Aggravation or mitigation ‑ Hearing |
| 29-26-18 |
Evidence in aggravation or mitigation of punishment ‑ How presented |
| 29-26-19 |
Other evidence prohibited |
| 29-26-20 |
Successive terms of imprisonment |
| 29-26-21 |
Judgment for fine and costs |
| 29-26-22 |
Judgment for fines ‑ Court administration fee ‑ Community service supervision fee ‑ Special funds ‑ Docketing and enforcement (Retroactive application ‑ See note) |
| 29-26-22.1 |
Judgment for fine, costs, restitution, or reparation in criminal cases ‑ Docketing and enforcement |
| 29-26-22.2 |
Authority to compromise judgment by county commissioners |
| 29-26-22.3 |
Renewal of prior judgments |
| 29-26-22.4 |
Cost of digital forensic examination |
| 29-26-23 |
Judgment upon conviction entered in minutes ‑ Record |
| 29-26-24 |
Provisions governing suspension of sentence, probation, and parole not affected by this chapter |
Chapter 29-27 - Execution
| Section |
Section Name |
| 29-27-01 |
Execution to officer |
| 29-27-02 |
Judgment for fine or costs |
| 29-27-02.1 |
Disposition of statutory fees, fines, forfeitures, pecuniary penalties, and bond forfeitures |
| 29-27-03 |
Judgment for imprisonment or as response to nonpayment of fine |
| 29-27-04 |
Judgment ‑ By what officer executed |
| 29-27-05 |
Judgment of imprisonment in department of corrections and rehabilitation |
| 29-27-06 |
Authority of sheriff while conveying defendant |
| 29-27-07 |
Commitment of offenders to department of corrections and rehabilitation ‑ Place of confinement |
Chapter 29-28 - Appeals
| Section |
Section Name |
| 29-28-01 |
Review proceedings by appeal ‑ Writ of error abolished |
| 29-28-02 |
Who may appeal |
| 29-28-03 |
Appeals are matter of right |
| 29-28-04 |
Designation of parties on appeal |
| 29-28-05 |
Appeal by one of several defendants |
| 29-28-06 |
From what defendant may appeal |
| 29-28-07 |
From what the state may appeal |
| 29-28-08 |
Time for appeals in criminal cases |
| 29-28-09 |
Manner of taking appeal ‑ Notice |
| 29-28-10 |
Personal service impossible ‑ Publication |
| 29-28-11 |
When appeal deemed taken |
| 29-28-12 |
Appeal by state ‑ Effect |
| 29-28-13 |
What judgments superseded by appeal ‑ Certificate of probable cause |
| 29-28-14 |
Certificate of probable cause issued ‑ Duty of sheriff |
| 29-28-15 |
Execution suspended during pendency of appeal |
| 29-28-16 |
Stay on appeal ‑ Custody of defendant |
| 29-28-17 |
Certificate of appeal taken and bail put in ‑ Duty of sheriff |
| 29-28-18 |
Transmission of papers to supreme court |
| 29-28-19 |
Printing of transcripts or briefs not required |
| 29-28-20 |
Irregularity in substantial particulars ‑ Notice |
| 29-28-21 |
An appeal must not be dismissed for informality |
| 29-28-22 |
Appeal stands for argument at first term |
| 29-28-23 |
When verdict or judgment must be affirmed ‑ Reversal |
| 29-28-24 |
Number of counsel heard |
| 29-28-25 |
Defendant need not appear in supreme court |
| 29-28-26 |
Technical errors to be disregarded on appeal |
| 29-28-27 |
Court may review intermediate orders |
| 29-28-28 |
Power of supreme court on appeal |
| 29-28-29 |
New trial ordered ‑ Where had |
| 29-28-30 |
Judgment reversed without new trial ‑ Defendant discharged ‑ Disposal of bail |
| 29-28-30.1 |
Verdict affirmed ‑ Must be enforced |
| 29-28-31 |
Judgment affirmed must be enforced |
| 29-28-32 |
Judgment of court entered ‑ Certificate |
| 29-28-33 |
Certificate remitted ‑ District court only has jurisdiction |
| 29-28-34 |
Imprisonment, reversal, reimprisonment ‑ Deduction of time already served |
| 29-28-35 |
Appeal by state ‑ Power of supreme court |
Chapter 29-29 - Search Warrants
| Section |
Section Name |
| 29-29-01 |
Search warrant defined |
| 29-29-02 |
Grounds for issuance of search warrant |
| 29-29-03 |
Issued only upon probable cause |
| 29-29-04 |
Sworn complaint must be made ‑ Depositions of witnesses |
| 29-29-05 |
Requisites of search warrant |
| 29-29-06 |
Form of search warrant |
| 29-29-07 |
By whom search warrant served |
| 29-29-08 |
Execution of warrant ‑ Use of force |
| 29-29-09 |
Liberating self or assistant ‑ Use of force |
| 29-29-10 |
Search warrant to be served in daytime ‑ Exception |
| 29-29-11 |
Search warrant void if not executed in ten days |
| 29-29-12 |
Return of warrant |
| 29-29-13 |
Copy of inventory ‑ To whom delivered |
| 29-29-14 |
Complaint controverted ‑ Testimony in writing ‑ Authentication |
| 29-29-15 |
When property taken under search warrant to be restored |
| 29-29-16 |
Papers relating to search warrant to be returned to district court |
| 29-29-17 |
Disposal of property taken on a warrant |
| 29-29-18 |
Causing issuance of search warrant on false information ‑ Penalty |
| 29-29-19 |
Officer exceeding authority guilty of misdemeanor |
| 29-29-20 |
Search of accused for dangerous weapons ‑ Circumstances permitting |
| 29-29-21 |
Temporary questioning of persons in public places ‑ Search for weapons |
| 29-29-22 |
Release of information contained in complaint or warrant |
Chapter 29-29.1 - Administrative Search Warrants
Chapter 29-29.2 - Wiretapping in Drug Offense Investigations
Chapter 29-29.3 - Pen Registers and Trap and Trace Devices
| Section |
Section Name |
| 29-29.3-01 |
Definitions |
| 29-29.3-02 |
Prohibition on pen register and trap and trace device use ‑ Exception |
| 29-29.3-03 |
Application for an order for a pen register or a trap and trace device |
| 29-29.3-04 |
Issuance of an order for a pen register or a trap and trace device ‑ Notice |
| 29-29.3-05 |
Assistance in installation and use of a pen register or a trap and trace device |
Chapter 29-29.4 - Surveillance by Unmanned Aerial Vehicle
Chapter 29-29.5 - Confidential Informants
| Section |
Section Name |
| 29-29.5-01 |
Definitions |
| 29-29.5-02 |
Limitation on use of juvenile confidential informants |
| 29-29.5-03 |
Limitation on use of campus police |
| 29-29.5-04 |
Law enforcement confidential informant training and guidelines |
| 29-29.5-05 |
Written agreement required |
| 29-29.5-06 |
Death of a confidential informant |
| 29-29.5-07 |
Reporting violations of this chapter |
| 29-29.5-08 |
Disposition of cases involving confidential informants |
Chapter 29-29.6 - Tracking Warrants
| Section |
Section Name |
| 29-29.6-01 |
Definitions |
| 29-29.6-02 |
Tracking warrant required for location information |
| 29-29.6-03 |
Time period and extensions |
| 29-29.6-04 |
Notice ‑ Temporary nondisclosure of tracking warrant |
Chapter 29-30 - Fugitives From Justice [Repealed]
Chapter 29-30.1 - Uniform Rendition of Accused Persons Act [Repealed]
Chapter 29-30.2 - Criminal Extradition Act [Repealed]
Chapter 29-30.3 - Uniform Extradition and Rendition Act
Chapter 29-31 - Confiscation of Equipment Used in Commission of Crime [Repealed]
Chapter 29-31.1 - Property Forfeiture and Disposition
Chapter 29-32 - Uniform Postconviction Procedure Act [Repealed]
Chapter 29-32.1 - Uniform Postconviction Procedure Act
Chapter 29-33 - Uniform Mandatory Disposition of Detainers Act
| Section |
Section Name |
| 29-33-01 |
Request for disposition of pending charges ‑ Duty to inform prisoner ‑ Dismissal |
| 29-33-02 |
Duty to inform court and prosecuting official |
| 29-33-03 |
When charges brought to trial ‑ Dismissal |
| 29-33-04 |
Request voided by escape |
| 29-33-05 |
Exclusions |
| 29-33-06 |
Prisoners to be informed of chapter |
| 29-33-07 |
Application and construction |
| 29-33-08 |
Citation of chapter |
Chapter 29-34 - Interstate Agreement on Detainers
| Section |
Section Name |
| 29-34-01 |
Agreement on detainers |
| 29-34-02 |
Definition ‑ Appropriate court |
| 29-34-03 |
Enforcement and cooperation directed |
| 29-34-04 |
Application of habitual criminal law not required |
| 29-34-05 |
Escape from custody |
| 29-34-06 |
Lawful and mandatory to give over inmates |
| 29-34-07 |
Attorney general shall be the administrator |
| 29-34-08 |
To whom copies of this chapter must be sent |
Title 30 - Judicial Procedure, Probate
Chapter 30-01 - General Provisions [Repealed]
Chapter 30-02 - Pleadings and Process [Repealed]
Chapter 30-03 - Hearings and Rehearings [Repealed]
Chapter 30-04 - Decrees and Orders [Repealed]
Chapter 30-05 - Probate of Wills [Repealed]
Chapter 30-06 - Objections to Probate and Contests of Wills [Repealed]
Chapter 30-07 - Proceedings in Estates of Testates After Probate of Will [Repealed]
Chapter 30-08 - Administration of Estates and Intestates [Repealed]
Chapter 30-09 - Special Administration [Repealed]
Chapter 30-10 - Guardianship [Repealed]
Chapter 30-11 - Qualification of Executors, Administrators, and Guardians [Repealed]
Chapter 30-12 - Removal and Discharge of Executors, Administrators, and Guardians [Repealed]
Chapter 30-13 - Powers, Duties, and Liabilities of Executors and Admistrators [Repealed]
Chapter 30-14 - Powers, Duties, and Liabilities of Guardians [Repealed]
Chapter 30-15 - Inventory and Appraisement [Repealed]
Chapter 30-16 - Homestead Exemption and Allowance
| Section |
Section Name |
| 30-16-01 |
Definitions |
| 30-16-02 |
Descent and distribution of homestead estate |
| 30-16-03 |
Homestead, ascertainment ‑ Setting apart |
| 30-16-04 |
Descent and distribution of real property subject to homestead estate |
| 30-16-05 |
Personal representative to value homestead |
| 30-16-06 |
Exempt personal property ‑ Selection |
| 30-16-07 |
Return of inventory and appraisement ‑ Objections ‑ Hearing |
| 30-16-08 |
Decree setting apart homestead estate |
| 30-16-09 |
Excess value of homestead available for debts |
| 30-16-10 |
Allowance for the family ‑ Preferred claim ‑ When effective |
Chapter 30-17 - Summary Administration of Small Estates [Repealed]
Chapter 30-18 - Claims and Payment of Debts [Repealed]
Chapter 30-19 - Sale and Mortgaging of Property [Repealed]
Chapter 30-20 - Accounting and Settlement [Repealed]
Chapter 30-21 - Distribution and Partition [Repealed]
Chapter 30-21.1 - Uniform Estate Tax Apportionment Act [Repealed]
Chapter 30-22 - Establishment of Heirship [Repealed]
Chapter 30-23 - Veterans' Guardianship [Repealed]
Chapter 30-24 - Actions by and Against Executors and Administrators [Repealed]
Chapter 30-25 - Escheats [Repealed]
Chapter 30-26 - Appeals [Repealed]
Title 30.1 - Uniform Probate Code
Chapter 30.1-01 - Short Title - Construction - General Provisions - Definitions
| Section |
Section Name |
| 30.1-01-01 |
(1‑101) Short title |
| 30.1-01-02 |
(1‑102) Purposes ‑ Rule of construction |
| 30.1-01-03 |
(1‑106) Effect of fraud and evasion |
| 30.1-01-04 |
(1‑107) Evidence of death or status |
| 30.1-01-05 |
(1‑108) Acts by holder of general power |
| 30.1-01-06 |
(1‑201) General definitions |
Chapter 30.1-02 - Scope, Jurisdiction, and Courts
Chapter 30.1-03 - Notice - Parties - Representation and Other Matters
| Section |
Section Name |
| 30.1-03-01 |
(1‑401) Notice ‑ Method and time of giving |
| 30.1-03-02 |
(1‑402) Notice ‑ Waiver |
| 30.1-03-03 |
(1‑403) Pleadings ‑ When parties bound by others ‑ Notice |
Chapter 30.1-04 - Intestate Succession
| Section |
Section Name |
| 30.1-04-01 |
(2‑101) Intestate estate |
| 30.1-04-02 |
(2‑102) Share of spouse |
| 30.1-04-03 |
(2‑103) Share of heirs other than surviving spouse |
| 30.1-04-03.1 |
(2‑113) Individuals related to decedent through two lines |
| 30.1-04-04 |
(2‑104) Requirement that heir survive decedent for one hundred twenty hours ‑ Individual in gestation |
| 30.1-04-05 |
(2‑105) No taker |
| 30.1-04-06 |
(2‑106) Representation |
| 30.1-04-07 |
(2‑107) Kindred of half blood |
| 30.1-04-08 |
(2‑108) Reserved |
| 30.1-04-09 |
(2‑114) Parent barred from inheriting in certain circumstances |
| 30.1-04-10 |
(2‑109) Advancements |
| 30.1-04-11 |
(2‑110) Debts to decedent |
| 30.1-04-12 |
(2‑111) Alienage |
| 30.1-04-13 |
(2‑112) Dower and curtesy abolished |
| 30.1-04-14 |
(2‑115) Definitions |
| 30.1-04-15 |
(2‑116) Parent‑child relationship ‑ Effect |
| 30.1-04-16 |
(2‑117) Parent‑child relationship ‑ No distinction based on marital status |
| 30.1-04-17 |
(2‑118) Parent‑child relationship ‑ Adoptee and adoptee's adoptive parent or parents |
| 30.1-04-18 |
(2‑119) Parent‑child relationship ‑ Adoptee and adoptee's genetic parents |
| 30.1-04-19 |
(2‑120) Parent‑child relationship ‑ Child conceived by assisted reproduction other than a child born to a gestational carrier |
| 30.1-04-20 |
(2‑121) Parent‑child relationship ‑ Child born to a gestational carrier |
| 30.1-04-21 |
(2‑122) Equitable adoption |
Chapter 30.1-05 - Elective Share of Surviving Spouse
| Section |
Section Name |
| 30.1-05-01 |
(2‑202) Elective share |
| 30.1-05-02 |
(2‑201, 2‑204 through 2‑208) Augmented estate |
| 30.1-05-03 |
(2‑209) Sources from which elective share payable |
| 30.1-05-04 |
(2‑210) Personal liability of recipients |
| 30.1-05-05 |
(2‑211) Proceeding for elective share ‑ Time limit |
| 30.1-05-06 |
(2‑212) Right of election personal to surviving spouse ‑ Incapacitated surviving spouse |
| 30.1-05-07 |
(2‑213) Waiver of right to elect and of other rights |
| 30.1-05-08 |
(2‑214) Protection of payers and other third parties |
Chapter 30.1-06 - Spouse and Children Unprovided for in Wills
| Section |
Section Name |
| 30.1-06-01 |
(2‑301) Entitlement of spouse ‑ Premarital will |
| 30.1-06-02 |
(2‑302) Omitted children |
Chapter 30.1-07 - Exempt Property and Allowances
Chapter 30.1-08 - Wills
| Section |
Section Name |
| 30.1-08-01 |
(2‑501) Who may make a will |
| 30.1-08-02 |
(2‑502) Execution ‑ Witnessed wills ‑ Holographic wills |
| 30.1-08-03 |
Holographic will |
| 30.1-08-04 |
(2‑504) Self‑proved will |
| 30.1-08-05 |
(2‑505) Who may witness |
| 30.1-08-06 |
(2‑506) Choice of law as to execution |
| 30.1-08-07 |
(2‑507) Revocation by writing or by act |
| 30.1-08-08 |
(2‑508) Revocation by change of circumstances |
| 30.1-08-09 |
(2‑509) Revival of revoked will |
| 30.1-08-10 |
(2‑510) Incorporation by reference |
| 30.1-08-11 |
(2‑511) Testamentary additions to trusts |
| 30.1-08-12 |
(2‑512) Events of independent significance |
| 30.1-08-13 |
(2‑513) Separate writing identifying devise of certain types of tangible personal property |
Chapter 30.1-08.1 - Ante-Mortem Probate of Wills
Chapter 30.1-08.2 - International Wills
| Section |
Section Name |
| 30.1-08.2-01 |
(2‑1001) Definitions |
| 30.1-08.2-02 |
(2‑1002) International will ‑ Validity |
| 30.1-08.2-03 |
(2‑1003) International will ‑ Requirements |
| 30.1-08.2-04 |
(2‑1004) International wills ‑ Other points of form |
| 30.1-08.2-05 |
(2‑1005) International will ‑ Certificate |
| 30.1-08.2-06 |
(2‑1006) International will ‑ Effect of certificate |
| 30.1-08.2-07 |
(2‑1007) International will ‑ Revocation |
| 30.1-08.2-08 |
(2‑1009) Persons authorized to act in relation to international will ‑ Eligibility ‑ Recognition by authorizing agency |
| 30.1-08.2-09 |
(2‑1010) International will information registration |
Chapter 30.1-09 - Rules of Construction - Contractual Arrangements Relating to Death
| Section |
Section Name |
| 30.1-09-01 |
Requirement that devisee survive testator by one hundred twenty hours |
| 30.1-09-02 |
Choice of law as to meaning and effect of wills |
| 30.1-09-03 |
(2‑601) Rules of construction and intention applicable only to wills |
| 30.1-09-04 |
(2‑602) Will passes all property ‑ After‑acquired property |
| 30.1-09-05 |
(2‑603) Antilapse ‑ Deceased devisee ‑ Class gifts |
| 30.1-09-06 |
(2‑604) Failure of testamentary provision |
| 30.1-09-07 |
(2‑605) Change in securities ‑ Accessions ‑ Nonademption |
| 30.1-09-08 |
(2‑606) Nonademption of specific devises ‑ Unpaid proceeds of sale, condemnation, or insurance ‑ Sale by conservator |
| 30.1-09-09 |
(2‑607) Nonexoneration |
| 30.1-09-10 |
(2‑608) Exercise of power of appointment |
| 30.1-09-11 |
Construction of generic terms to accord with relationships as defined for intestate succession |
| 30.1-09-12 |
(2‑609) Ademption by satisfaction |
| 30.1-09-13 |
(2‑514) Contracts concerning succession |
Chapter 30.1-09.1 - Rules of Construction of Governing Instrument
| Section |
Section Name |
| 30.1-09.1-01 |
(2‑701) Scope |
| 30.1-09.1-02 |
(2‑702) Requirement of survival by one hundred twenty hours |
| 30.1-09.1-03 |
(2‑703) Choice of law as to meaning and effect of governing instrument |
| 30.1-09.1-04 |
(2‑704) Power of appointment ‑ Meaning of specific reference requirement |
| 30.1-09.1-05 |
(2‑705) Class gifts construed to accord with intestate succession ‑ Exceptions |
| 30.1-09.1-06 |
(2‑706) Life insurance ‑ Retirement plan ‑ Account with payable on death designation ‑ Transfer‑on‑death registration ‑ Deceased beneficiary |
| 30.1-09.1-07 |
(2‑707) Survivorship with respect to future interests under the terms of a trust ‑ Substitute takers |
| 30.1-09.1-08 |
(2‑708) Class gifts to descendants, issue, or heirs of the body ‑ Form of distribution if none specified |
| 30.1-09.1-09 |
(2‑709) Per capita at each generation ‑ Representation ‑ Per stirpes |
| 30.1-09.1-10 |
(2‑710) Worthier‑title doctrine abolished |
| 30.1-09.1-11 |
(2‑711) Future interests in heirs and like |
Chapter 30.1-10 - General Provisions
| Section |
Section Name |
| 30.1-10-01 |
(2‑801) Disclaimer of property interests |
| 30.1-10-02 |
(2‑802) Effect of divorce, annulment, and decree of separation |
| 30.1-10-03 |
(2‑803) Effect of homicide on intestate succession, wills, trusts, joint assets, life insurance, and beneficiary designations |
| 30.1-10-04 |
(2‑804) Revocation of probate and nonprobate transfers by divorce ‑ No revocation by other changes of circumstances |
| 30.1-10-05 |
(2‑805) Reformation to correct mistakes |
| 30.1-10-06 |
(2‑806) Modification to achieve transferor's tax objectives |
Chapter 30.1-10.1 - Disclaimer of Property Interests
| Section |
Section Name |
| 30.1-10.1-01 |
(2‑1102) Definitions |
| 30.1-10.1-02 |
(2‑1105) General provisions |
| 30.1-10.1-03 |
(2‑1106) Disclaimer of interest in property |
| 30.1-10.1-04 |
(2‑1107) Disclaimer of rights of survivorship in jointly held property |
| 30.1-10.1-05 |
(2‑1108) Disclaimer of interest by trustee |
| 30.1-10.1-06 |
(2‑1109) Disclaimer of powers of appointment and other powers not held in fiduciary capacity |
| 30.1-10.1-07 |
(2‑1110) Disclaimer by appointee, object, or taker in default of exercise of power of appointment |
| 30.1-10.1-08 |
(2‑1111) Disclaimer of powers held in fiduciary capacity |
| 30.1-10.1-09 |
(2‑1112) Delivery |
| 30.1-10.1-10 |
(2‑1113) When disclaimer barred or limited |
| 30.1-10.1-11 |
(2‑1115) Recording of disclaimer |
| 30.1-10.1-12 |
(2‑1116, 2‑1117) Applicability |
Chapter 30.1-11 - Custody and Deposit of Wills
| Section |
Section Name |
| 30.1-11-01 |
(2‑515) Deposit of will in testator's lifetime |
| 30.1-11-02 |
(2‑516) Duty of custodian of will ‑ Liability |
Chapter 30.1-12 - General Provisions
| Section |
Section Name |
| 30.1-12-01 |
(3‑101) Devolution of estate at death ‑ Restrictions |
| 30.1-12-02 |
(3‑102) Necessity of order of probate for will |
| 30.1-12-03 |
(3‑103) Necessity of appointment for administration |
| 30.1-12-04 |
(3‑104) Claims against decedent ‑ Necessity of administration |
| 30.1-12-05 |
(3‑105) Proceedings affecting devolution and administration ‑ Jurisdiction of subject matter |
| 30.1-12-06 |
(3‑106) Proceedings within the exclusive jurisdiction of court ‑ Service ‑ Jurisdiction over persons |
| 30.1-12-07 |
(3‑107) Scope of proceedings ‑ Proceedings independent ‑ Exception |
| 30.1-12-08 |
(3‑108) Probate, testacy, and appointment proceedings ‑ Ultimate time limit |
| 30.1-12-09 |
(3‑109) Statutes of limitation on decedent's claim for relief |
Chapter 30.1-13 - Venue - Priority to Administer - Demand for Notice
| Section |
Section Name |
| 30.1-13-01 |
(3‑201) Venue for first and subsequent estate proceedings ‑ Location of property |
| 30.1-13-02 |
(3‑202) Appointment or testacy proceedings ‑ Conflicting claim of domicile in another state |
| 30.1-13-03 |
(3‑203) Priority among persons seeking appointment as personal representative |
| 30.1-13-04 |
(3‑204) Demand for notice of order or filing concerning decedent's estate |
Chapter 30.1-14 - Informal Probate and Appointment Proceedings
| Section |
Section Name |
| 30.1-14-01 |
(3‑301) Informal probate or appointment proceedings ‑ Application ‑ Contents |
| 30.1-14-01.1 |
Duty of court to provide forms to an applicant ‑ Assistance of attorney not required |
| 30.1-14-02 |
(3‑302) Informal probate ‑ Duty of court ‑ Effect of informal probate |
| 30.1-14-03 |
(3‑303) Informal probate ‑ Proof and findings required |
| 30.1-14-04 |
(3‑304) Informal probate ‑ Unavailable in certain cases |
| 30.1-14-05 |
(3‑305) Informal probate ‑ Court not satisfied |
| 30.1-14-06 |
(3‑306) Informal probate ‑ Notice requirements |
| 30.1-14-07 |
(3‑307) Informal appointment proceedings ‑ Delay in order ‑ Duty of court ‑ Effect of appointment |
| 30.1-14-08 |
(3‑308) Informal appointment proceedings ‑ Proof and findings required |
| 30.1-14-09 |
(3‑309) Informal appointment proceedings ‑ Court not satisfied |
| 30.1-14-10 |
(3‑310) Informal appointment proceedings ‑ Notice requirements |
| 30.1-14-11 |
(3‑311) Informal appointment unavailable in certain cases |
Chapter 30.1-15 - Formal Testacy and Appointment Proceedings
| Section |
Section Name |
| 30.1-15-01 |
(3‑401) Formal testacy proceedings ‑ Nature ‑ When commenced |
| 30.1-15-02 |
(3‑402) Formal testacy or appointment proceedings ‑ Petition ‑ Contents |
| 30.1-15-03 |
(3‑403) Formal testacy proceeding ‑ Notice of hearing on petition |
| 30.1-15-04 |
(3‑404) Formal testacy proceedings ‑ Written objections to probate ‑ Demand for jury trial |
| 30.1-15-05 |
(3‑405) Formal testacy proceedings ‑ Uncontested cases ‑ Hearings and proof |
| 30.1-15-06 |
(3‑406) Formal testacy proceedings ‑ Contested cases |
| 30.1-15-07 |
(3‑407) Formal testacy proceedings ‑ Burdens in contested cases |
| 30.1-15-08 |
(3‑408) Formal testacy proceedings ‑ Will construction ‑ Effect of final order in another jurisdiction |
| 30.1-15-09 |
(3‑409) Formal testacy proceedings ‑ Order ‑ Foreign will |
| 30.1-15-10 |
(3‑410) Formal testacy proceedings ‑ Probate of more than one instrument |
| 30.1-15-11 |
(3‑411) Formal testacy proceedings ‑ Partial intestacy |
| 30.1-15-12 |
(3‑412) Formal testacy proceedings ‑ Effect of order ‑ Vacation |
| 30.1-15-13 |
(3‑413) Formal testacy proceedings ‑ Vacation of order for other cause |
| 30.1-15-14 |
(3‑414) Formal proceedings concerning appointment of personal representative |
Chapter 30.1-16 - Supervised Administration
| Section |
Section Name |
| 30.1-16-01 |
(3‑501) Supervised administration ‑ Nature of proceeding |
| 30.1-16-02 |
(3‑502) Supervised administration ‑ Petition ‑ Order |
| 30.1-16-03 |
(3‑503) Supervised administration ‑ Effect on other proceedings |
| 30.1-16-04 |
(3‑504) Supervised administration ‑ Powers of personal representative |
| 30.1-16-05 |
(3‑505) Supervised administration ‑ Interim orders ‑ Distribution and closing orders |
Chapter 30.1-17 - Personal Representative - Appointment, Control, and Termination
| Section |
Section Name |
| 30.1-17-01 |
(3‑601) Qualification |
| 30.1-17-02 |
(3‑602) Acceptance of appointment ‑ Consent to jurisdiction |
| 30.1-17-03 |
(3‑603) Bond not required without court order ‑ Exceptions |
| 30.1-17-04 |
(3‑604) Bond amount ‑ Security ‑ Procedure ‑ Reduction |
| 30.1-17-05 |
(3‑605) Demand for bond by interested person |
| 30.1-17-06 |
(3‑606) Terms and conditions of bonds |
| 30.1-17-07 |
(3‑607) Order restraining personal representative |
| 30.1-17-08 |
(3‑608) Termination of appointment ‑ General |
| 30.1-17-09 |
(3‑609) Termination of appointment ‑ Death or disability |
| 30.1-17-10 |
(3‑610) Termination of appointment ‑ Voluntary |
| 30.1-17-11 |
(3‑611) Termination of appointment by removal ‑ Cause ‑ Procedure |
| 30.1-17-12 |
(3‑612) Termination of appointment ‑ Change of testacy status |
| 30.1-17-13 |
(3‑613) Successor personal representative |
| 30.1-17-14 |
(3‑614) Special administrator ‑ Appointment |
| 30.1-17-15 |
(3‑615) Special administrator ‑ Who may be appointed |
| 30.1-17-16 |
(3‑616) Special administrator ‑ Appointed informally ‑ Powers and duties |
| 30.1-17-17 |
(3‑617) Special administrator ‑ Formal proceedings ‑ Power and duties |
| 30.1-17-18 |
(3‑618) Termination of appointment ‑ Special administrator |
Chapter 30.1-18 - Powers and Duties of Personal Representatives
| Section |
Section Name |
| 30.1-18-01 |
(3‑701) Time of accrual of duties and powers |
| 30.1-18-02 |
(3‑702) Priority among different letters |
| 30.1-18-03 |
(3‑703) General duties ‑ Relation and liability to persons interested in estate ‑ Standing to sue |
| 30.1-18-04 |
(3‑704) Personal representative to proceed without court order ‑ Exception |
| 30.1-18-05 |
(3‑705) Duty of personal representative ‑ Information to heirs and devisees |
| 30.1-18-06 |
(3‑706) Duty of personal representative ‑ Inventory and appraisement |
| 30.1-18-07 |
(3‑707) Employment of appraisers |
| 30.1-18-08 |
(3‑708) Duty of personal representative ‑ Supplementary inventory |
| 30.1-18-09 |
(3‑709) Duty of personal representative ‑ Possession of estate |
| 30.1-18-10 |
(3‑710) Power to avoid transfers |
| 30.1-18-11 |
(3‑711) Powers of personal representatives ‑ In general |
| 30.1-18-12 |
(3‑712) Improper exercise of power ‑ Breach of fiduciary duty |
| 30.1-18-13 |
(3‑713) Sale, encumbrance, or transaction involving conflict of interest ‑ Voidable ‑ Exceptions |
| 30.1-18-14 |
(3‑714) Persons dealing with personal representative ‑ Protection |
| 30.1-18-15 |
(3‑715) Transactions authorized for personal representatives ‑ Exceptions |
| 30.1-18-16 |
(3‑716) Powers and duties of successor personal representative |
| 30.1-18-17 |
(3‑717) Corepresentatives ‑ When joint action required |
| 30.1-18-18 |
(3‑718) Powers of surviving personal representative |
| 30.1-18-19 |
(3‑719) Compensation of personal representative |
| 30.1-18-20 |
(3‑720) Expenses in estate litigation |
| 30.1-18-21 |
(3‑721) Proceedings for review of employment of agents and compensation of personal representatives and employees of estate |
Chapter 30.1-19 - Creditors' Claims
| Section |
Section Name |
| 30.1-19-01 |
(3‑801) Notice to creditors |
| 30.1-19-02 |
(3‑802) Statutes of limitations |
| 30.1-19-03 |
(3‑803) Limitations on presentation of claims |
| 30.1-19-04 |
(3‑804) Manner of presentation of claims |
| 30.1-19-05 |
(3‑805) Classification of claims |
| 30.1-19-06 |
(3‑806) Allowance of claims |
| 30.1-19-07 |
(3‑807) Payment of claims |
| 30.1-19-08 |
(3‑808) Individual liability of personal representative |
| 30.1-19-09 |
(3‑809) Secured claims |
| 30.1-19-10 |
(3‑810) Claims not due and contingent or unliquidated claims |
| 30.1-19-11 |
(3‑811) Counterclaims |
| 30.1-19-12 |
(3‑812) Execution and levies prohibited |
| 30.1-19-13 |
(3‑813) Compromise of claims |
| 30.1-19-14 |
(3‑814) Encumbered assets |
| 30.1-19-15 |
(3‑815) Administration in more than one state ‑ Duty of personal representative |
| 30.1-19-16 |
(3‑816) Final distribution to domiciliary representative |
Chapter 30.1-20 - Special Provisions Relating to Distribution
| Section |
Section Name |
| 30.1-20-01 |
(3‑901) Successors' rights if no administration |
| 30.1-20-02 |
(3‑902) Distribution ‑ Order in which assets appropriated ‑ Abatement |
| 30.1-20-03 |
(3‑903) Right of retainer |
| 30.1-20-04 |
(3‑904) Interest on general pecuniary devise |
| 30.1-20-05 |
(2‑517, 3‑905) Penalty clause for contest |
| 30.1-20-06 |
(3‑906) Distribution in kind ‑ Valuation ‑ Method |
| 30.1-20-07 |
(3‑907) Distribution in kind ‑ Evidence |
| 30.1-20-07.1 |
Deed of distribution ‑ Error in description |
| 30.1-20-08 |
(3‑908) Distribution ‑ Right or title of distributee |
| 30.1-20-09 |
(3‑909) Improper distribution ‑ Liability of distributee |
| 30.1-20-10 |
(3‑910) Purchasers from distributees protected |
| 30.1-20-11 |
(3‑911) Partition for purpose of distribution |
| 30.1-20-12 |
(3‑912) Private agreements among successors to decedent binding on personal representative |
| 30.1-20-13 |
(3‑913) Distributions to trustee |
| 30.1-20-14 |
(3‑914) Disposition of unclaimed assets |
| 30.1-20-15 |
(3‑915) Distribution to person under disability |
| 30.1-20-16 |
(3‑916) Apportionment of estate taxes |
Chapter 30.1-21 - Closing Estates
| Section |
Section Name |
| 30.1-21-01 |
(3‑1001) Formal proceedings terminating administration ‑ Testate or intestate ‑ Order of general protection |
| 30.1-21-02 |
(3‑1002) Formal proceedings terminating testate administration ‑ Order construing will without adjudicating testacy |
| 30.1-21-03 |
(3‑1003) Closing estates ‑ By sworn statement of personal representative |
| 30.1-21-03.1 |
Estate closing ‑ Procedures |
| 30.1-21-04 |
(3‑1004) Liability of distributees to claimants |
| 30.1-21-05 |
(3‑1005) Limitations on proceedings against personal representative |
| 30.1-21-06 |
(3‑1006) Limitations on actions and proceedings against distributees |
| 30.1-21-07 |
(3‑1007) Certificate discharging liens securing fiduciary performance |
| 30.1-21-08 |
(3‑1008) Subsequent administration ‑ Fee |
Chapter 30.1-22 - Compromise of Controversies
| Section |
Section Name |
| 30.1-22-01 |
(3‑1101) Effect of approval of agreements involving trusts, inalienable interests, or interest of third persons |
| 30.1-22-02 |
(3‑1102) Procedure for securing court approval of compromise |
Chapter 30.1-23 - Collection by Affidavit - Administration for Small Estates
| Section |
Section Name |
| 30.1-23-01 |
(3‑1201) Collection of personal property by affidavit |
| 30.1-23-02 |
(3‑1202) Effect of affidavit |
| 30.1-23-03 |
(3‑1203) Small estates ‑ Summary administrative procedure |
| 30.1-23-04 |
(3‑1204) Small estate ‑ Closing by sworn statement of personal representative |
| 30.1-23-05 |
Will searches, burial documents procurement, and inventory of contents |
Chapter 30.1-24 - Definitions - Powers of Foreign Personal Representatives
| Section |
Section Name |
| 30.1-24-01 |
(4‑101) Definitions |
| 30.1-24-02 |
(4‑201) Payment of debt and delivery of property to domiciliary foreign personal representative without local administration |
| 30.1-24-03 |
(4‑202) Payment or delivery discharges |
| 30.1-24-04 |
(4‑203) Resident creditor notice |
| 30.1-24-05 |
(4‑204) Proof of authority ‑ Bond |
| 30.1-24-06 |
(4‑205) Powers |
| 30.1-24-07 |
(4‑206) Power of representatives in transition |
| 30.1-24-08 |
(4‑207) Ancillary and other local administrations ‑ Provisions governing |
Chapter 30.1-25 - Foreign Representatives - Judgments and Personal Representatives
| Section |
Section Name |
| 30.1-25-01 |
(4‑301) Jurisdiction by act of foreign personal representative |
| 30.1-25-02 |
(4‑302) Jurisdiction by act of decedent |
| 30.1-25-03 |
(4‑303) Service on foreign personal representative |
| 30.1-25-04 |
(4‑401) Effect of adjudication for or against personal representative |
Chapter 30.1-26 - General Provisions
| Section |
Section Name |
| 30.1-26-01 |
(5‑101) Definitions and use of terms |
| 30.1-26-02 |
(5‑102) Jurisdiction of subject matter ‑ Consolidation of proceedings |
| 30.1-26-03 |
(5‑103) Facility of payment or delivery |
| 30.1-26-04 |
(5‑104) Delegation of powers by parent or guardian |
Chapter 30.1-27 - Guardians of Minors
| Section |
Section Name |
| 30.1-27-01 |
(5‑201) Status of guardian of minor ‑ General |
| 30.1-27-02 |
(5‑202) Testamentary appointment of guardian of minor |
| 30.1-27-03 |
(5‑203) Objection by minor of fourteen or older to testamentary appointment |
| 30.1-27-04 |
(5‑204) Court appointment of guardian of minor ‑ Conditions for appointment |
| 30.1-27-05 |
(5‑205) Jurisdiction and venue |
| 30.1-27-06 |
(5‑206) Court appointment of guardian ad litem ‑ Approval of acceptance of testamentary appointment |
| 30.1-27-07 |
(5‑207) Objection to the appointment of the testamentary guardian of minor ‑ Procedure |
| 30.1-27-08 |
(5‑208) Acceptance of appointment |
| 30.1-27-09 |
(5‑209) Powers and duties of guardian of minor |
| 30.1-27-10 |
(5‑210) Termination of appointment of guardian ‑ General |
| 30.1-27-11 |
(5‑211) Proceedings subsequent to approval or findings ‑ Transfer to juvenile court |
| 30.1-27-12 |
(5‑212) Resignation or removal proceedings |
Chapter 30.1-28 - Guardians of Incapacitated Persons
| Section |
Section Name |
| 30.1-28-01 |
(5‑301) Testamentary appointment of guardian for incapacitated person |
| 30.1-28-02 |
(5‑302) Venue |
| 30.1-28-03 |
(5‑303) Procedure for court appointment of a guardian of an incapacitated person |
| 30.1-28-03.1 |
Confidentiality ‑ Reports ‑ Personal information |
| 30.1-28-03.2 |
Authorization of a single transaction to sell, encumber, or transfer ownership of real or personal property of the ward |
| 30.1-28-03.3 |
Guardianship proceedings for minor becoming an incapacitated adult |
| 30.1-28-04 |
(5‑304) Findings ‑ Order of appointment |
| 30.1-28-05 |
(5‑305) Acceptance of appointment ‑ Consent to jurisdiction ‑ Order ‑ Letters of guardianship |
| 30.1-28-06 |
(5‑306) Termination of guardianship |
| 30.1-28-07 |
(5‑307) Change in or termination of guardianship |
| 30.1-28-07.1 |
Removal, resignation, or death of guardian ‑ Appointment of successor guardian |
| 30.1-28-08 |
(5‑308) Visitor in guardianship proceedings |
| 30.1-28-09 |
(5‑309) Notices in guardianship proceedings |
| 30.1-28-09.1 |
Notices in guardianship proceedings subsequent to appointment |
| 30.1-28-10 |
(5‑310) Temporary guardians |
| 30.1-28-10.1 |
Emergency guardian |
| 30.1-28-11 |
(5‑311) Who may be guardian ‑ Priorities |
| 30.1-28-12 |
(5‑312) General powers and duties of guardian ‑ Liability |
| 30.1-28-12.1 |
Annual reports and accounts ‑ Failure of guardian to file |
| 30.1-28-12.2 |
Restrictions on visitation, communication, and interaction with the ward ‑ Removal of restriction |
| 30.1-28-13 |
(5‑313) Proceedings subsequent to appointment ‑ Venue |
| 30.1-28-14 |
Guardianships established before July 1, 1990 |
| 30.1-28-15 |
Appointment of successor guardian |
| 30.1-28-16 |
Court-authorized involuntary treatment with prescribed medication |
| 30.1-28-17 |
Involuntary treatment with prescribed medication hearing |
| 30.1-28-18 |
Length of involuntary treatment with prescribed medication and continuing treatment orders |
| 30.1-28-19 |
Application |
Chapter 30.1-29 - Protection of Property of Persons Under Disability and Minors
| Section |
Section Name |
| 30.1-29-01 |
(5‑401) Protective proceedings - Burden of proof |
| 30.1-29-02 |
(5‑402) Protective proceedings ‑ Jurisdiction of affairs of protected persons |
| 30.1-29-03 |
(5‑403) Venue |
| 30.1-29-04 |
(5‑404) Original petition for appointment or protective order |
| 30.1-29-05 |
(5‑405) Notice |
| 30.1-29-05.1 |
Notices in conservatorship proceedings subsequent to appointment |
| 30.1-29-06 |
(5‑406) Protective proceedings ‑ Request for notice ‑ Interested person |
| 30.1-29-07 |
(5‑407) Procedure concerning hearing and order on original petition |
| 30.1-29-07.1 |
Confidentiality ‑ Reports ‑ Personal information |
| 30.1-29-08 |
(5‑408) Permissible court orders |
| 30.1-29-09 |
(5‑409) Protective arrangements and single transactions authorized |
| 30.1-29-10 |
(5‑410) Who may be appointed conservator ‑ Priorities |
| 30.1-29-11 |
(5‑411) Bond |
| 30.1-29-12 |
(5‑412) Terms and requirements of bonds |
| 30.1-29-13 |
(5‑413) Acceptance of appointment ‑ Consent to jurisdiction |
| 30.1-29-14 |
(5‑414) Compensation and expense |
| 30.1-29-15 |
(5‑415) Death, resignation, or removal of conservator |
| 30.1-29-16 |
(5‑416) Petitions for orders subsequent to appointment |
| 30.1-29-17 |
(5‑417) General duty of conservator |
| 30.1-29-18 |
(5‑418) Inventory and records |
| 30.1-29-19 |
(5‑419) Annual reports and accounts |
| 30.1-29-20 |
(5‑420) Conservators ‑ Title by appointment |
| 30.1-29-20.1 |
Emergency conservator |
| 30.1-29-21 |
(5‑421) Recording of conservator's letters |
| 30.1-29-22 |
(5‑422) Authorization of single transaction to sell real property of the protected person |
| 30.1-29-23 |
(5‑423) Persons dealing with conservators ‑ Protection |
| 30.1-29-24 |
(5‑424) Powers of conservator in administration |
| 30.1-29-25 |
(5‑425) Distributive duties and powers of conservator |
| 30.1-29-26 |
(5‑426) Enlargement or limitation of powers of conservator |
| 30.1-29-27 |
(5‑427) Preservation of estate plan |
| 30.1-29-28 |
(5‑428) Claims against protected person ‑ Enforcement |
| 30.1-29-29 |
(5‑429) Individual liability of conservator |
| 30.1-29-30 |
(5‑430) Termination of proceeding |
| 30.1-29-31 |
(5‑431) Payment of debt and delivery of property to foreign conservator without local proceedings |
| 30.1-29-32 |
(5‑432) Delivery to foreign conservator |
Chapter 30.1-30 - Uniform Durable Power of Attorney Act
| Section |
Section Name |
| 30.1-30-01 |
(5‑501) Definition |
| 30.1-30-02 |
(5‑502) Durable power of attorney not affected by disability or lapse of time |
| 30.1-30-03 |
(5‑503) Relation of attorney in fact to court‑appointed fiduciary |
| 30.1-30-04 |
(5‑504) Power of attorney not revoked until notice |
| 30.1-30-05 |
(5‑505) Proof of continuance of durable and other powers of attorney by affidavit |
| 30.1-30-06 |
Gifts under power of attorney |
Chapter 30.1-31 - Nonprobate Transfers on Death
| Section |
Section Name |
| 30.1-31-01 |
(6‑101) Nonprobate transfers on death |
| 30.1-31-02 |
(6‑201) Definitions |
| 30.1-31-03 |
(6‑202) Limitation on scope of sections 30.1‑31‑02 through 30.1‑31‑20 |
| 30.1-31-04 |
(6‑203) Types of account ‑ Existing accounts |
| 30.1-31-05 |
(6‑204) Forms |
| 30.1-31-06 |
(6‑205) Designation of agent |
| 30.1-31-07 |
(6‑206) Applicability of sections 30.1‑31‑02 through 30.1‑31‑20 |
| 30.1-31-08 |
(6‑211) Ownership during lifetime |
| 30.1-31-09 |
(6‑212) Rights at death |
| 30.1-31-10 |
(6‑213) Alteration of rights |
| 30.1-31-11 |
(6‑214) Accounts and transfers nontestamentary |
| 30.1-31-12 |
(6‑215) Rights of creditors and others |
| 30.1-31-13 |
(6‑216) Community property and tenancy by the entireties |
| 30.1-31-14 |
(6‑221) Authority of financial institution |
| 30.1-31-15 |
(6‑222) Payment on multiple‑party account |
| 30.1-31-16 |
(6‑223) Payment on P.O.D designation |
| 30.1-31-17 |
(6‑224) Payment to designated agent |
| 30.1-31-18 |
(6‑225) Payment to minor |
| 30.1-31-19 |
(6‑226) Discharge |
| 30.1-31-20 |
(6‑227) Setoff |
| 30.1-31-21 |
(6‑301) Definitions |
| 30.1-31-22 |
(6‑302) Registration in beneficiary form ‑ Sole or joint tenancy ownership |
| 30.1-31-23 |
(6‑303) Registration in beneficiary form ‑ Applicable law |
| 30.1-31-24 |
(6‑304) Origination of registration in beneficiary form |
| 30.1-31-25 |
(6‑305) Form of registration in beneficiary form |
| 30.1-31-26 |
(6‑306) Effect of registration in beneficiary form |
| 30.1-31-27 |
(6‑307) Ownership on death of owner |
| 30.1-31-28 |
(6‑308) Protection of registering entity |
| 30.1-31-29 |
(6‑309) Nontestamentary transfer on death |
| 30.1-31-30 |
(6‑310) Terms, conditions, and forms for registration |
Chapter 30.1-32 - Trust Registration [Repealed]
Chapter 30.1-32.1 - Uniform Real Property Transfer on Death Act
Chapter 30.1-33 - Jurisdiction of Court Concerning Trusts [Repealed]
Chapter 30.1-34 - Duties and Liabilities of Trustees [Repealed]
Chapter 30.1-35 - Effective Date - Transition
| Section |
Section Name |
| 30.1-35-01 |
Time of taking effect ‑ Provisions for transition |
Chapter 30.1-36 - Supported Decisionmaking Agreements
Chapter 30.1-37 - Uniform Electronic Wills Act
Title 31 - Judicial Proof
Chapter 31-01 - Witnesses, Their Qualifications, Rights, and Duties
| Section |
Section Name |
| 31-01-01 |
Persons competent to testify as witnesses generally ‑ Exception |
| 31-01-02 |
Competency of husband or wife as witness ‑ Communications made during marriage ‑ Exceptions |
| 31-01-03 |
Competency of party or officers of corporate party as to transactions or conversations with decedent ‑ Exceptions |
| 31-01-04 |
When husband or wife may testify to transactions and conversations had with deceased spouse |
| 31-01-05 |
When transactions or conversations with decedent may be testified to by party to action |
| 31-01-06 |
Public officers cannot testify regarding confidential communications |
| 31-01-06.1 |
Counselors shall be immune from disclosing information given by pupils |
| 31-01-06.2 |
Disclosure of news sources and information required only on court order |
| 31-01-06.3 |
Addiction counselor ‑ Client privilege ‑ Definitions |
| 31-01-06.4 |
General rule of privilege |
| 31-01-06.5 |
Who may claim the privilege |
| 31-01-06.6 |
Exceptions to the privilege |
| 31-01-07 |
Act constituting consent to disclosure of confidential communications |
| 31-01-08 |
When conviction of perjury or subornation thereof disqualifies witness ‑ Effect on innocent rights if received |
| 31-01-09 |
Privilege against self‑incrimination ‑ Grant of immunity |
| 31-01-10 |
Presiding judge or any juror may be called as a witness |
| 31-01-11 |
Interpreter for witness ‑ When required ‑ How subpoenaed ‑ Oath or affirmation |
| 31-01-12 |
Fees for interpreters |
| 31-01-13 |
Places where persons may be compelled to attend as witnesses in civil matters |
| 31-01-14 |
Places where persons may be compelled to attend as witnesses in criminal matters |
| 31-01-15 |
Witness exempt from suit out of county |
| 31-01-16 |
Compensation and mileage and travel expense of witness |
| 31-01-16.1 |
Witness fees and expenses of municipal police officers |
| 31-01-16.2 |
Compensation of municipal court witnesses |
| 31-01-17 |
Duplicate witness fees not permissible |
| 31-01-18 |
Expenses of witness paid by city or state upon court order in criminal or municipal court action |
| 31-01-19 |
Witness for indigent defendants subpoenaed and paid by city, county, or state under court order in criminal or municipal court action |
| 31-01-20 |
Advance payment of fees ‑ Return of service of subpoena to state demand and nonpayment |
| 31-01-21 |
Fees may be demanded daily by witness |
| 31-01-22 |
Oath of witness |
Chapter 31-02 - Examination of Adverse Parties [Superseded by North Dakota Rules of Civil Procedure]
Chapter 31-03 - Means of Compelling Attendance of Witnesses
| Section |
Section Name |
| 31-03-01 |
Subpoena defined |
| 31-03-02 |
Requisites of subpoenas and subpoenas duces tecum |
| 31-03-03 |
Form for subpoena duces tecum |
| 31-03-04 |
Form of subpoena in criminal actions |
| 31-03-05 |
Who to issue subpoenas |
| 31-03-06 |
Issuance of subpoenas by persons authorized to take depositions |
| 31-03-07 |
Issuance of subpoenas by magistrate in criminal proceedings |
| 31-03-08 |
Issuance of subpoena by state's attorneys |
| 31-03-09 |
Court clerks required to issue blank subpoenas for defendants |
| 31-03-10 |
Who may make service of subpoena |
| 31-03-11 |
Methods of service of subpoena ‑ Exception |
| 31-03-12 |
Service of subpoena by mail, telegraph, or telephone |
| 31-03-13 |
Service of subpoenas ‑ Proof ‑ Peace officers required to make |
| 31-03-14 |
Contempt and manner of punishment for failure to obey subpoena, to be sworn, or to testify |
| 31-03-15 |
Civil penalty for failure to obey subpoena when called for defendant in criminal action |
| 31-03-16 |
Prisoners may be ordered to appear as witnesses ‑ Depositions |
| 31-03-17 |
Prisoner in custody of officer while deposition is taken ‑ Officer to provide facilities for taking deposition |
| 31-03-18 |
Attendance of prisoners as witnesses for state in criminal actions ‑ How effected |
| 31-03-19 |
Undertaking for appearance of material witness for state who appeared at preliminary examination ‑ Minors |
| 31-03-20 |
Undertaking for appearance of material witness for state ‑ When required ‑ Procedure for requiring |
| 31-03-21 |
When confinement of material witness for state permitted |
| 31-03-22 |
Conditional examinations of witness |
| 31-03-23 |
Forfeiture of undertaking by witness |
| 31-03-24 |
Fees for witnesses who have been confined may be allowed ‑ Amount allowable |
| 31-03-25 |
Summoning witness in this state to testify in another state |
| 31-03-26 |
Summons issued to compel witness to appear in another state |
| 31-03-27 |
Mileage and witness fees of witness summoned to another state ‑ Failure to appear ‑ Penalty |
| 31-03-28 |
Witness from another state summoned to testify in this state |
| 31-03-29 |
Mileage and fees of witness from another state ‑ Length of time to remain in state |
| 31-03-30 |
Witness coming into state ‑ Exemption from arrest and service of process |
| 31-03-31 |
Witness passing through state to testify in other state exempt from arrest and service of process |
Chapter 31-04 - General Provisions
| Section |
Section Name |
| 31-04-01 |
Methods of taking testimony of witnesses |
| 31-04-02 |
Affidavit defined |
| 31-04-03 |
Deposition defined |
| 31-04-04 |
Oral examination defined |
| 31-04-04.1 |
Videotaped statement of child sexual offense victim ‑ Criteria for admission as evidence |
| 31-04-04.2 |
Use of audiovisual equipment for the testimony of minors or disabled adult witnesses |
| 31-04-05 |
Use of affidavits |
| 31-04-06 |
How proof of publication made |
| 31-04-07 |
Where and how affidavits may be made |
| 31-04-08 |
Procedure for securing affidavit of person refusing to make the same |
| 31-04-09 |
No title required to affidavits |
| 31-04-10 |
Form and contents of certificate for certifying copies to be used as evidence |
| 31-04-11 |
Mediation ‑ Inadmissibility of evidence ‑ Exception |
| 31-04-12 |
Expressions of empathy |
Chapter 31-05 - Depositions in Civil Actions [Superseded by North Dakota Rules of Civil Procedure]
Chapter 31-06 - Depositions in Criminal Actions [Superseded by North Dakota Rules of Civil Procedure]
Chapter 31-07 - Perpetuation of Testimony [Superseded by North Dakota Rules of Civil Procedure]
Chapter 31-08 - Private Records and Writings
| Section |
Section Name |
| 31-08-01 |
Admissibility in evidence of business records ‑ Term business defined ‑ Exception |
| 31-08-01.1 |
Certain copies of business and public records admissible in evidence |
| 31-08-01.2 |
Medical records authentication |
| 31-08-01.3 |
Medical records recording |
| 31-08-02 |
Proof of witnessed written instruments |
| 31-08-02.1 |
Handwriting admissible in evidence for comparison |
| 31-08-03 |
Proof of writing by admission of genuineness ‑ Effect of refusal to give admission |
| 31-08-04 |
How copy or inspection of writing in hands of adverse party obtainable ‑ Effect of refusal to give |
| 31-08-05 |
Statistical tables admissible to establish life expectancy |
| 31-08-06 |
When instruments affecting real property, or records or copies of records thereof, admissible in evidence |
| 31-08-07 |
Copies of statements to be provided ‑ When statement admissible |
Chapter 31-08.1 - Uniform Preservation of Private Business Records Act
Chapter 31-09 - Public Documents, Records, and Writings
| Section |
Section Name |
| 31-09-01 |
Statutes, codes, decisions, when admissible as evidence of laws of foreign jurisdictions |
| 31-09-01.1 |
Reciprocal enforcement of tax statutes |
| 31-09-02 |
When copies of records and proceedings of federal, state, and territorial courts admissible in evidence |
| 31-09-03 |
Stenographic report or transcript as evidence |
| 31-09-04 |
How judicial record of foreign country proved |
| 31-09-05 |
Certified transcript of judge's record admissible in courts of county |
| 31-09-06 |
Certified transcript of county judge's record admissible in courts of other counties |
| 31-09-07 |
Clerk of court ‑ Certificate to official acts of judge |
| 31-09-08 |
Entries in official books or records constitute prima facie evidence |
| 31-09-09 |
Entries made by or by direction of officers or boards constitute prima facie evidence |
| 31-09-10 |
Method of proving official documents |
| 31-09-11 |
Official reports or findings of fact admissible in evidence |
| 31-09-12 |
Cross‑examination of person making reports or findings or person furnishing information used therein |
Chapter 31-10 - Judicial Notice
| Section |
Section Name |
| 31-10-01 |
Evidence of facts judicially noted not required ‑ How judges familiarized with such facts |
| 31-10-02 |
Facts subject to judicial notice |
| 31-10-03 |
Foreign laws ‑ Those judicially noted ‑ How court familiarized with ‑ Reviewable |
| 31-10-04 |
Evidence of foreign laws admissible ‑ Notice to adverse party of reliance on foreign laws |
| 31-10-05 |
Foreign laws not judicially noted constitute issue for court |
Chapter 31-11 - Presumptions, Maxims, and Estoppels
| Section |
Section Name |
| 31-11-01 |
Presumptions ‑ When controvertible ‑ When jury bound to follow |
| 31-11-02 |
Conclusive presumptions |
| 31-11-03 |
Disputable presumptions |
| 31-11-04 |
Presumption of death as to estates in real property |
| 31-11-04.1 |
Finding of death under Federal Missing Persons Act prima facie evidence |
| 31-11-04.2 |
Other findings under Federal Missing Persons Act as prima facie evidence |
| 31-11-04.3 |
Reports and copies deemed signed by authorized officer |
| 31-11-05 |
Maxims of jurisprudence ‑ How to be used and applied ‑ List |
| 31-11-06 |
Estoppel by declaration, act, or omission |
| 31-11-07 |
Tenant estopped from denying landlord's title |
Chapter 31-12 - No Sufficient Evidence of Survivorship [Superseded by North Dakota Rules of Civil Procedure]
Chapter 31-13 - DNA Analysis
| Section |
Section Name |
| 31-13-01 |
Definitions |
| 31-13-02 |
DNA testing ‑ Admissibility as evidence |
| 31-13-03 |
Individuals to be tested ‑ Costs |
| 31-13-04 |
DNA testing ‑ Procedure ‑ Immunity |
| 31-13-05 |
DNA database established ‑ How utilized |
| 31-13-06 |
Confidentiality of records |
| 31-13-07 |
Removal of DNA profiles from database |
| 31-13-08 |
Rules |
| 31-13-09 |
DNA profiles to be available to law enforcement ‑ Penalty |
| 31-13-10 |
Tampering with DNA sample testing - Penalty |
Chapter 31-14 - Uniform Unsworn Foreign Declarations Act
| Section |
Section Name |
| 31-14-01 |
Definitions |
| 31-14-02 |
Applicability |
| 31-14-03 |
Validity of unsworn declaration |
| 31-14-04 |
Required medium |
| 31-14-05 |
Form of unsworn declaration |
| 31-14-06 |
Relation to Electronic Signatures in Global and National Commerce Act |
Chapter 31-15 - Uniform Unsworn Domestic Declarations Act
| Section |
Section Name |
| 31-15-01 |
Definitions |
| 31-15-02 |
Applicability |
| 31-15-03 |
Validity of unsworn declaration |
| 31-15-04 |
Required medium |
| 31-15-05 |
Form of unsworn declaration |
| 31-15-06 |
Relation to Electronic Signatures in Global and National Commerce Act |
Title 32 - Judicial Remedies
Chapter 32-01 - General Provisions
| Section |
Section Name |
| 32-01-01 |
Remedies ‑ Classification |
| 32-01-02 |
Action defined |
| 32-01-03 |
Actions ‑ Classification |
| 32-01-04 |
Special proceeding defined |
| 32-01-05 |
Criminal action defined |
| 32-01-06 |
Civil action defined |
| 32-01-07 |
Process in civil action |
| 32-01-08 |
Civil and criminal remedies not merged |
| 32-01-09 |
Civil action ‑ One form ‑ Plaintiff and defendant defined |
| 32-01-10 |
Provisional remedies classified |
| 32-01-11 |
Compensation for violation of private rights ‑ Other relief, when |
| 32-01-12 |
Conditions of relief from forfeiture |
| 32-01-13 |
How special issues not made by pleadings are tried |
Chapter 32-02 - Qualifications of Sureties
Chapter 32-03 - Damages and Compensatory Relief
| Section |
Section Name |
| 32-03-01 |
Damages for any injury |
| 32-03-02 |
Detriment defined |
| 32-03-03 |
Damages resulting after action commenced |
| 32-03-04 |
Interest on damages |
| 32-03-05 |
When interest in discretion of court or jury |
| 32-03-06 |
When accepting principal waives interest |
| 32-03-07 |
When court or jury may give exemplary damages |
| 32-03-08 |
When minor or incompetent subjected to exemplary damages |
| 32-03-09 |
Measure of damages for breach of contract ‑ Damages must be certain |
| 32-03-09.1 |
Measure of damages for injury to property not arising from contract |
| 32-03-09.2 |
Liability for willful damages to property |
| 32-03-10 |
Damages for breach of obligation to pay money |
| 32-03-11 |
Damages for breach of covenants in grants |
| 32-03-12 |
Damages for breach of covenant against encumbrances |
| 32-03-13 |
Damages for breach of agreement to convey realty |
| 32-03-14 |
Damages for breach of agreement to buy realty |
| 32-03-15 |
Damages for breach of carrier's obligation to accept freight, messages, or passengers |
| 32-03-16 |
Damages for breach of carrier's obligation to deliver freight |
| 32-03-17 |
Damages for carrier's delay |
| 32-03-18 |
Damages for breach of warranty of agent's authority |
| 32-03-19 |
Damages for breach of promise to marry |
| 32-03-20 |
Measure of damages for tort |
| 32-03-21 |
Damages for wrongful occupation of realty |
| 32-03-22 |
Damages for willful detention of realty |
| 32-03-23 |
Damages for conversion of personalty |
| 32-03-24 |
Presumption of damages cannot be repelled |
| 32-03-25 |
Damages recoverable by lienholder |
| 32-03-26 |
Damages for seduction |
| 32-03-27 |
Damages for tenant's failure to surrender premises |
| 32-03-28 |
Damages for tenant's willful holding over |
| 32-03-29 |
Damages for forcible exclusion from realty |
| 32-03-30 |
Damages for certain injuries to timber |
| 32-03-31 |
What value of property to seller deemed to be |
| 32-03-32 |
What value of property to buyer or owner deemed to be |
| 32-03-33 |
When peculiar value to person deemed value |
| 32-03-34 |
Value of title papers |
| 32-03-35 |
Damages prescribed by this chapter exclude exemplary damages |
| 32-03-36 |
Recovery not more than gained by performance |
| 32-03-37 |
Damages must be reasonable |
| 32-03-38 |
Nominal damages |
| 32-03-39 |
Parental responsibility for minor children ‑ Recovery limitations |
| 32-03-40 |
Emergency treatment by firemen, policemen, or peace officers |
| 32-03-41 |
Immunity for mitigating hazardous materials discharge ‑ Exceptions |
| 32-03-42 |
Limited liability for gratuitous health care provided amateur athletes |
| 32-03-43 |
Wrongful life action prohibited ‑ Definition |
| 32-03-44 |
Immunity of officers, directors, and trustees of nonprofit organizations |
| 32-03-45 |
Immunity of volunteers providing services for nonprofit organizations |
| 32-03-46 |
Immunity of volunteer athletic coaches and officials |
| 32-03-47 |
Definitions ‑ Voluntary engineering services ‑ Immunity |
| 32-03-48 |
Definitions |
| 32-03-49 |
Immunity from liability |
| 32-03-50 |
Confidentiality of critical incident stress management team proceedings and records |
| 32-03-51 |
Limited liability of owner or operator of railroad |
| 32-03-52 |
Damages for fraudulent use of social security number ‑ Attorney's fees |
| 32-03-53 |
Damage or destruction of crops, livestock, or commodities ‑ Damages |
| 32-03-54 |
Limited liability ‑ Firearms |
| 32-03-55 |
Immunity for report of suspected exploitation of disabled or vulnerable elderly adult |
| 32-03-56 |
Immunity for theft of anhydrous ammonia |
| 32-03-57 |
Liquefied petroleum gas dealers immunity from civil liability |
| 32-03-57.1 |
Behavior health instruction ‑ Immunity from civil liability |
| 32-03-58 |
Distribution of intimate images without or against consent ‑ Remedies |
Chapter 32-03.1 - Good Samaritan Act
Chapter 32-03.2 - Fault, Damages, and Payments
| Section |
Section Name |
| 32-03.2-01 |
Definition |
| 32-03.2-02 |
Modified comparative fault |
| 32-03.2-02.1 |
Automobile accident damage liability |
| 32-03.2-03 |
Pure comparative fault ‑ Product liability actions |
| 32-03.2-04 |
Economic and noneconomic damages for wrongful death or injury to person |
| 32-03.2-05 |
Separate finding on damages |
| 32-03.2-06 |
Reduction for collateral source payments |
| 32-03.2-07 |
Pleading of damages |
| 32-03.2-08 |
Review of reasonableness of economic damages |
| 32-03.2-09 |
Periodic payments for continuing custodial care |
| 32-03.2-10 |
Nondisclosure of reduction for collateral source payments |
| 32-03.2-11 |
When court or jury may give exemplary damages |
| 32-03.2-12 |
Post-trial review |
Chapter 32-03.3 - Charitable Organization Immunity
| Section |
Section Name |
| 32-03.3-01 |
Definitions |
| 32-03.3-02 |
Liability of charitable organizations ‑ Limitations ‑ Statute of limitations (Effective through June 30, 2029) |
Chapter 32-03.4 - Structured Settlement Transfers
| Section |
Section Name |
| 32-03.4-01 |
Definitions |
| 32-03.4-02 |
Required disclosures to payee |
| 32-03.4-03 |
Approval of transfers of structured settlement payment rights |
| 32-03.4-04 |
Effects of transfer of structured settlement payment rights |
| 32-03.4-05 |
Procedure for approval of transfers |
| 32-03.4-06 |
No waiver by payee |
| 32-03.4-07 |
Disputes decided under state law |
| 32-03.4-08 |
Life‑contingent payments not to be transferred ‑ Exception |
| 32-03.4-09 |
No payee liability for failure to comply with chapter |
| 32-03.4-10 |
Effect of chapter on existing laws and transfer agreements |
| 32-03.4-11 |
Transferee solely responsible for certain requirements |
| 32-03.4-12 |
Penalty |
| 32-03.4-13 |
Applicability of chapter |
Chapter 32-04 - Specific Relief
| Section |
Section Name |
| 32-04-01 |
When specific relief given |
| 32-04-02 |
How specific relief given |
| 32-04-03 |
Specific relief not given to enforce penal law |
| 32-04-04 |
Method of recovering real property |
| 32-04-05 |
Method of recovering personal property |
| 32-04-06 |
Specific delivery of personal property compellable |
| 32-04-07 |
When specific performance compelled |
| 32-04-08 |
Remedy of specific performance must be mutual |
| 32-04-09 |
Presumption as to relief for not transferring property |
| 32-04-10 |
Specific performance compelled though contract signed only by one |
| 32-04-11 |
Contracts compelled though penalty imposed or damages liquidated |
| 32-04-12 |
What obligations cannot be enforced specifically |
| 32-04-13 |
When specific performance cannot be enforced against one |
| 32-04-14 |
When specific performance cannot be enforced in favor of one |
| 32-04-15 |
Effect of imperfect title |
| 32-04-16 |
When enforced against subsequent holder |
| 32-04-17 |
Revision of contract for fraud or mistake |
| 32-04-18 |
Intention to make equitable agreement presumed |
| 32-04-19 |
Court may inquire what instrument was intended to mean |
| 32-04-20 |
Contract first revised then enforced |
| 32-04-21 |
When rescission of contract adjudged |
| 32-04-22 |
Rescission not adjudged for mere mistake |
| 32-04-23 |
Compensation may be required |
| 32-04-24 |
When cancellation of instrument adjudged |
| 32-04-25 |
Partial cancellation |
Chapter 32-05 - Preventive Relief
| Section |
Section Name |
| 32-05-01 |
When preventive relief given |
| 32-05-02 |
Preventive relief not given to enforce penal law |
| 32-05-03 |
How preventive relief given |
| 32-05-04 |
When final injunction granted |
| 32-05-05 |
When injunction not granted |
Chapter 32-06 - Injunction
| Section |
Section Name |
| 32-06-01 |
Injunction by order |
| 32-06-02 |
Injunction ‑ In what cases granted |
| 32-06-03 |
Injunction ‑ When granted ‑ Limitation |
| 32-06-04 |
When injunction allowed after answer |
| 32-06-05 |
Security upon an injunction ‑ Damages |
| 32-06-06 |
Order to show cause |
| 32-06-07 |
Restraining orders ‑ When issued |
| 32-06-08 |
Injunction against corporation or limited liability company ‑ When granted |
| 32-06-09 |
Application to vacate ‑ When injunction granted without notice |
| 32-06-10 |
Counteraffidavits to vacate injunction |
| 32-06-11 |
Restraining orders ‑ Orders to show cause ‑ Motions |
Chapter 32-07 - Claim and Delivery
| Section |
Section Name |
| 32-07-01 |
Plaintiff may claim immediate delivery |
| 32-07-02 |
Plaintiff's affidavit |
| 32-07-03 |
Requisition to sheriff |
| 32-07-04 |
Security by plaintiff |
| 32-07-05 |
Exceptions by defendant to sufficiency of sureties or amount of undertaking |
| 32-07-06 |
Redelivery to defendant |
| 32-07-07 |
Justification |
| 32-07-08 |
Concealed property |
| 32-07-09 |
Keeping property |
| 32-07-10 |
Claim by third person |
| 32-07-11 |
Papers filed with clerk |
| 32-07-12 |
Specific personal property ‑ Jury to find value and damages |
Chapter 32-07.1 - Crime Profits Recovery
| Section |
Section Name |
| 32-07.1-01 |
Profits from the crime of a felon ‑ Definitions ‑ Action to recover profits from the crime ‑ Violations ‑ Remedies cumulative ‑ Limitations of actions |
Chapter 32-08 - Attachment [Repealed]
Chapter 32-08.1 - Attachment
| Section |
Section Name |
| 32-08.1-01 |
Attachment availability |
| 32-08.1-02 |
Issuance of writ ‑ Hearing and notice requirement ‑ Form and contents |
| 32-08.1-02.1 |
Prehearing attachment ‑ Issuance of order ‑ Notice of hearing |
| 32-08.1-03 |
Basis for attachment |
| 32-08.1-04 |
Amendment to affidavit |
| 32-08.1-05 |
Bond ‑ Justification |
| 32-08.1-06 |
Additional security |
| 32-08.1-07 |
Officer's return ‑ Action on bond |
| 32-08.1-08 |
Directions to sheriff ‑ Several writs ‑ Limitations on seizure |
| 32-08.1-09 |
Attachment of real estate |
| 32-08.1-10 |
What may be attached ‑ How attached |
| 32-08.1-11 |
Indemnity to sheriff |
| 32-08.1-12 |
Sale of perishable property attached or garnished |
| 32-08.1-13 |
Care of property ‑ Collection of debts |
| 32-08.1-14 |
Bond for release of property ‑ Estoppel |
| 32-08.1-15 |
Exception to defendant's sureties ‑ Release of property ‑ Costs |
| 32-08.1-16 |
Vacation or modification of writ |
| 32-08.1-17 |
Answer to writ ‑ Trial |
| 32-08.1-18 |
Trial or special answer |
| 32-08.1-19 |
Damages ‑ When defendant to recover |
| 32-08.1-20 |
Return of property ‑ Damages on dismissal ‑ Entry in recorder's office |
| 32-08.1-21 |
Judgment for plaintiff ‑ How satisfied |
| 32-08.1-22 |
Action by sheriff ‑ Who to prosecute |
| 32-08.1-23 |
Execution after defendant's death |
| 32-08.1-24 |
Stranger may intervene |
Chapter 32-09 - Garnishment [Repealed]
Chapter 32-09.1 - Garnishment
Chapter 32-10 - Receivers
| Section |
Section Name |
| 32-10-01 |
Receiver ‑ When appointed |
| 32-10-02 |
Who may be receiver ‑ Undertaking by applicant |
| 32-10-03 |
Qualification of receiver |
| 32-10-04 |
Powers |
| 32-10-05 |
Investment of funds on consent |
Chapter 32-10.1 - Uniform Commercial Real Estate Receivership Act
| Section |
Section Name |
| 32-10.1-01 |
Definitions |
| 32-10.1-02 |
Notice and opportunity for hearing |
| 32-10.1-03 |
Scope ‑ Exclusions |
| 32-10.1-04 |
Power of court |
| 32-10.1-05 |
Appointment of receiver |
| 32-10.1-06 |
Disqualification from appointment as receiver ‑ Disclosure of interest |
| 32-10.1-07 |
Receiver's bond ‑ Alternative security |
| 32-10.1-08 |
Status of receiver as lien creditor |
| 32-10.1-09 |
Security agreement covering after-acquired property |
| 32-10.1-10 |
Collection and turnover of receivership property |
| 32-10.1-11 |
Powers and duties of receiver |
| 32-10.1-12 |
Duties of owner |
| 32-10.1-13 |
Stay ‑ Injunction |
| 32-10.1-14 |
Engagement and compensation of professional |
| 32-10.1-15 |
Use or transfer of receivership property not in ordinary course of business |
| 32-10.1-16 |
Executory contract |
| 32-10.1-17 |
Defenses and immunities of receiver |
| 32-10.1-18 |
Interim report of receiver |
| 32-10.1-19 |
Notice of appointment ‑ Claim against receivership ‑ Distribution to creditors |
| 32-10.1-20 |
Fees and expenses |
| 32-10.1-21 |
Removal of receiver ‑ Replacement ‑ Termination of receivership |
| 32-10.1-22 |
Final report of receiver ‑ Discharge |
| 32-10.1-23 |
Receivership in another state ‑ Ancillary proceeding |
| 32-10.1-24 |
Effect of enforcement by mortgagee |
| 32-10.1-25 |
Uniformity of application and construction |
| 32-10.1-26 |
Relation to Electronic Signatures in Global and National Commerce Act |
Chapter 32-11 - Deposit
| Section |
Section Name |
| 32-11-01 |
What subject to order of deposit |
| 32-11-02 |
Voluntary deposit in court of property adversely claimed |
| 32-11-03 |
Disobedience ‑ Contempt |
| 32-11-04 |
Defendant's admissions |
Chapter 32-12 - Actions by and Against State
| Section |
Section Name |
| 32-12-01 |
Action to annul patent ‑ Duty of attorney general |
| 32-12-02 |
Action against state ‑ When authorized ‑ Where brought ‑ Undertaking for costs |
| 32-12-03 |
Claim presented and refused before action brought |
| 32-12-04 |
How judgment collected |
| 32-12-05 |
Claims resulting from year 2000 date change computer failures prohibited |
Chapter 32-12.1 - Governmental Liability
| Section |
Section Name |
| 32-12.1-01 |
Legislative intent |
| 32-12.1-02 |
Definitions |
| 32-12.1-03 |
Liability of political subdivisions ‑ Limitations (Effective through June 30, 2026) |
| 32-12.1-04 |
Political subdivision to be named in action ‑ Personal liability of employees ‑ Indemnification of claims and final judgments |
| 32-12.1-05 |
Liability insurance policy coverage |
| 32-12.1-06 |
Statement to commissioner |
| 32-12.1-07 |
Authorized insurance |
| 32-12.1-08 |
Political subdivision risk funding |
| 32-12.1-09 |
Duties of insurance commissioner |
| 32-12.1-10 |
Statute of limitations |
| 32-12.1-11 |
Judgment against political subdivision ‑ Levy authority ‑ Additional tax levy for insured subdivisions |
| 32-12.1-12 |
Compromise of judgments against political subdivisions ‑ Tax levy to pay reduced judgment ‑ Tax limitations not applicable |
| 32-12.1-13 |
Bonds may be issued to pay compromised amount ‑ Regulations governing |
| 32-12.1-14 |
Levy of tax to pay principal and interest of bonds ‑ Duty of county auditor |
| 32-12.1-15 |
State agencies authorized to purchase insurance and participate in government self‑insurance pools ‑ Approval by insurance commissioner |
Chapter 32-12.2 - Claims Against the State
| Section |
Section Name |
| 32-12.2-01 |
Definitions |
| 32-12.2-02 |
Liability of the state ‑ Limitations ‑ Statute of limitations (Effective through June 30, 2026) |
| 32-12.2-03 |
State to be named in action ‑ Personal liability and defense of employees ‑ Indemnification of claims and final judgments |
| 32-12.2-04 |
Notice required ‑ Payment of claims |
| 32-12.2-05 |
Arbitration of claims |
| 32-12.2-06 |
Liability insurance ‑ Reinsurance |
| 32-12.2-07 |
Risk management fund ‑ Appropriation |
| 32-12.2-08 |
Duties of director of the office of management and budget |
| 32-12.2-09 |
Insurance no waiver of immunity |
| 32-12.2-10 |
Eleventh Amendment immunity preserved |
| 32-12.2-11 |
Certain records relating to claims against the state or state employees privileged and exempt from open records law |
| 32-12.2-12 |
State agency loss control committee records and meetings privileged and exempt from open records and open meetings law |
| 32-12.2-13 |
Contract between the state and a political subdivision |
| 32-12.2-14 |
Risk management motor vehicle crash review |
| 32-12.2-15 |
Contracts limiting liability to the state |
| 32-12.2-16 |
Ratifying contracts limiting liability to the state |
| 32-12.2-17 |
Indemnification and insurance requirements in state contracts |
| 32-12.2-18 |
Student required driving in educational programs |
| 32-12.2-19 |
Data breach response and remediation costs |
Chapter 32-13 - Actions in Place of Scire Facias and Quo Warranto
| Section |
Section Name |
| 32-13-01 |
Remedies obtainable by action instead of writ |
| 32-13-02 |
Who plaintiff |
| 32-13-03 |
Who may bring action against usurping officer |
| 32-13-04 |
Security for costs from private party |
| 32-13-05 |
Complaint for usurping office ‑ Arrest of defendant |
| 32-13-06 |
What judgment shall include |
| 32-13-07 |
When claimant takes office |
| 32-13-08 |
Refusal to deliver ‑ Punishment |
| 32-13-09 |
Damages for usurpation |
| 32-13-10 |
Joinder of several claimants |
| 32-13-11 |
Judgment against intruder |
Chapter 32-14 - Actions to Recover Forfeitures
| Section |
Section Name |
| 32-14-01 |
What forfeitures recoverable in civil action |
| 32-14-02 |
By whom action brought |
| 32-14-03 |
What complaint to allege ‑ Attachment |
| 32-14-04 |
Complaint for forfeited goods |
| 32-14-05 |
When forfeiture is not for specific amount |
| 32-14-06 |
Judgment includes costs ‑ Commitment ‑ Execution |
| 32-14-07 |
Forfeitures ‑ How recovered by city, corporation, or limited liability company |
| 32-14-08 |
To whom moneys collected paid |
| 32-14-09 |
Auditor to collect forfeiture from municipal judges |
| 32-14-10 |
Property forfeited to state |
Chapter 32-15 - Eminent Domain
| Section |
Section Name |
| 32-15-01 |
Eminent domain defined ‑ How exercised ‑ Condemnor defined ‑ Exceptions |
| 32-15-02 |
Purposes for which exercised |
| 32-15-03 |
What estate subject to be taken |
| 32-15-03.1 |
Declaration of legislative intent |
| 32-15-03.2 |
Termination of estates greater than an easement |
| 32-15-04 |
What property may be taken |
| 32-15-05 |
What must appear before property taken |
| 32-15-06 |
Entry for making surveys |
| 32-15-06.1 |
Duty to negotiate ‑ Just compensation ‑ Appraisals |
| 32-15-06.2 |
Disclosures |
| 32-15-07 |
Proceedings by civil action |
| 32-15-08 |
Form of summons ‑ When served |
| 32-15-09 |
Service by publication |
| 32-15-10 |
Copy of summons served through mails |
| 32-15-11 |
Service complete, when |
| 32-15-12 |
When note of issue filed |
| 32-15-13 |
Jury may be demanded |
| 32-15-14 |
When sheriff's fees to be advanced by plaintiff ‑ Surety for jury fees |
| 32-15-15 |
Note of issue, filing |
| 32-15-16 |
Special term of court to hear issue |
| 32-15-17 |
Issues tried at any term of court |
| 32-15-18 |
What complaint must contain |
| 32-15-19 |
Joinder, consolidation, and separation of proceedings |
| 32-15-20 |
Who may defend |
| 32-15-21 |
Power of court |
| 32-15-22 |
Assessment of damages |
| 32-15-22.1 |
Eminent domain ‑ Compensation for moving personal property |
| 32-15-23 |
When right to damages accrues |
| 32-15-24 |
When title defective |
| 32-15-25 |
When judgment paid |
| 32-15-26 |
Payment or deposit ‑ Proceedings annulled |
| 32-15-27 |
Final order ‑ Filing |
| 32-15-28 |
Public corporation bound by judgment |
| 32-15-29 |
When possession taken ‑ How money paid defendant ‑ Acceptance ‑ Abandonment of defenses |
| 32-15-30 |
Payment of money into court at risk of plaintiff |
| 32-15-31 |
Deposit of money with state treasurer |
| 32-15-32 |
Costs |
| 32-15-33 |
Rules of practice |
| 32-15-34 |
New trials and appeals |
| 32-15-35 |
Eminent domain proceedings ‑ Costs of defendant to be paid when proceedings withdrawn or dismissed by party bringing the proceedings |
Chapter 32-16 - Action for Partition of Real Property
Chapter 32-17 - Actions to Quiet Title and Determine Claims to Real Estate
| Section |
Section Name |
| 32-17-01 |
Action to determine adverse claims |
| 32-17-02 |
Use and occupation ‑ Waste ‑ Pleading ‑ Possession |
| 32-17-03 |
Joinder of plaintiffs |
| 32-17-04 |
Complaint form ‑ Description of property |
| 32-17-05 |
Joinder of defendants |
| 32-17-06 |
Who joined as unknown persons |
| 32-17-07 |
Service on unknown defendants ‑ How made ‑ Affidavit for publication |
| 32-17-08 |
Answer ‑ Counterclaim |
| 32-17-09 |
Reply ‑ What it may contain ‑ Relief |
| 32-17-10 |
Trial ‑ Findings ‑ Possession ‑ Costs |
| 32-17-11 |
Judgment ‑ When right fails after action brought |
| 32-17-12 |
Adjustment of cross judgments |
| 32-17-13 |
When defendant permitted to defend |
| 32-17-14 |
Both parties have right of entry |
| 32-17-15 |
Order for entry ‑ Service |
| 32-17-16 |
Purchaser may recover for waste |
| 32-17-17 |
Alienation not to affect action |
| 32-17-18 |
Mining customs govern mining claims |
| 32-17-19 |
Court may determine heirs or devisees of deceased entrymen |
| 32-17-20 |
Claimants on public land |
| 32-17-21 |
Holder of contract for purchase of land from state may sue |
| 32-17-22 |
Waste ‑ When actionable |
| 32-17-23 |
When judgment of forfeiture for waste given to holder of reversion |
Chapter 32-18 - Cancellation of Land Contracts
| Section |
Section Name |
| 32-18-01 |
Instruments for future conveyance ‑ Cancellation ‑ Owner must give written notice to vendee or purchaser |
| 32-18-02 |
Default ‑ Contents of notice |
| 32-18-03 |
Notice of default ‑ How served |
| 32-18-04 |
Time allowed to correct default |
| 32-18-05 |
Notice of cancellation to be recorded |
| 32-18-06 |
Counterclaim ‑ Injunction against canceling contract |
Chapter 32-19 - Foreclosure of Real Estate Mortgages by Action
| Section |
Section Name |
| 32-19-01 |
Action to foreclose mortgage on real estate authorized |
| 32-19-02 |
Power of attorney required ‑ Exceptions |
| 32-19-03 |
Who subject to deficiency judgment |
| 32-19-04 |
What complaint shall state |
| 32-19-05 |
When judgment at law obtained |
| 32-19-06 |
What judgment must contain |
| 32-19-06.1 |
Deficiency judgments on commercial real property |
| 32-19-06.2 |
Deficiency judgments on agricultural land |
| 32-19-07 |
Other suits permitted |
| 32-19-08 |
Sales made by whom and where ‑ Notice |
| 32-19-09 |
Certificate of sale ‑ Deed and effect |
| 32-19-10 |
Application of proceeds |
| 32-19-11 |
When surplus invested |
| 32-19-12 |
Complaint dismissed on payment of installments due |
| 32-19-13 |
When payment stays proceedings |
| 32-19-14 |
Referee to view premises |
| 32-19-15 |
Successive judgments and sales |
| 32-19-16 |
Sale of whole on first default |
| 32-19-17 |
Rebate on undue part |
| 32-19-18 |
Redemption |
| 32-19-18.1 |
Payment to redeem |
| 32-19-19 |
Injury to property restrained ‑ Abandoned real property |
| 32-19-20 |
Notice before foreclosure |
| 32-19-21 |
Contents of notice |
| 32-19-22 |
Notice may be served by mail |
| 32-19-23 |
When notice not required |
| 32-19-23.1 |
Abandoned property ‑ Prima facie evidence |
| 32-19-24 |
Service of notice on personal representative |
| 32-19-25 |
Notice may be served personally |
| 32-19-26 |
Actual receipt of notice always sufficient |
| 32-19-27 |
Proofs relative to notice ‑ How made and filed |
| 32-19-28 |
Default may be cured |
| 32-19-29 |
Summons ‑ How served |
| 32-19-30 |
Service by publication ‑ How made |
| 32-19-31 |
Summons to be published |
| 32-19-32 |
Copy of summons and complaint to be mailed |
| 32-19-33 |
Personal service equivalent to publication |
| 32-19-34 |
Personal service of summons and complaint may be made in any event |
| 32-19-35 |
Service by publication ‑ When completed |
| 32-19-36 |
Personal service of summons ‑ How made |
| 32-19-37 |
Unknown defendants ‑ How joined |
| 32-19-38 |
What the summons to contain |
| 32-19-39 |
Judgment and decrees to be binding against whom |
| 32-19-40 |
Persons holding unrecorded conveyance need not be made parties, when |
| 32-19-41 |
Abandoned personal property ‑ Disposal by record title owner |
Chapter 32-19.1 - Short-Term Mortgage Redemption Act [Repealed]
Chapter 32-19.2 - Trustees for Commercial Buildings During Foreclosures
Chapter 32-20 - Foreclosure of Liens on Personal Property
| Section |
Section Name |
| 32-20-01 |
Foreclosure authorized |
| 32-20-02 |
Warrant to seize property ‑ Issuance ‑ Service |
| 32-20-03 |
Form of warrant |
| 32-20-04 |
Undertaking |
| 32-20-04.1 |
Special answer to warrant ‑ Trial |
| 32-20-04.2 |
Trial of special answer |
| 32-20-05 |
What judgment must state |
| 32-20-06 |
Certain provisions relating to attachments applicable |
| 32-20-07 |
Property must be subject to jurisdiction of court |
| 32-20-08 |
Other remedies not affected |
Chapter 32-21 - Death by Wrongful Act
| Section |
Section Name |
| 32-21-01 |
When action for death by wrongful act maintainable |
| 32-21-02 |
Measure of recovery |
| 32-21-03 |
Who may bring action |
| 32-21-04 |
Recovery exempt from decedent's debts |
| 32-21-05 |
Action not abated by death |
| 32-21-06 |
Compromise of action |
Chapter 32-22 - Habeas Corpus
| Section |
Section Name |
| 32-22-01 |
Persons restrained may prosecute the writ |
| 32-22-02 |
Who not entitled to relief |
| 32-22-03 |
Application for writ ‑ Contents ‑ Verification |
| 32-22-04 |
By what court application granted |
| 32-22-05 |
When court must grant the writ |
| 32-22-06 |
Application to supreme court for writ of habeas corpus |
| 32-22-07 |
Direction of writ |
| 32-22-08 |
Writ of habeas corpus ‑ Form |
| 32-22-09 |
Manner of serving the writ |
| 32-22-10 |
Penalty if officer refuses to execute and return writ |
| 32-22-11 |
What the return must set forth |
| 32-22-12 |
Party restrained must be brought into court ‑ Exception |
| 32-22-13 |
When party need not be brought |
| 32-22-14 |
When hearing must be had |
| 32-22-15 |
Return may be controverted ‑ Proofs |
| 32-22-16 |
When person restrained must be discharged |
| 32-22-17 |
Causes for discharge of person restrained |
| 32-22-18 |
Informal commitment from district judge |
| 32-22-19 |
Procedure when person appears to be guilty |
| 32-22-20 |
Habeas corpus to give bail |
| 32-22-21 |
Procedure when person not entitled to discharge |
| 32-22-22 |
Prisoner may be ordered to custody of proper officer |
| 32-22-23 |
How person disposed of before judgment |
| 32-22-24 |
When notice of hearing must be given state's attorney |
| 32-22-25 |
Person taken out of county ‑ Expenses |
| 32-22-26 |
Writ must not be disobeyed |
| 32-22-27 |
When person discharged may be arrested again |
| 32-22-28 |
How obedience to order of discharge enforced |
| 32-22-29 |
Person restrained in danger of being taken out of jurisdiction ‑ Warrant |
| 32-22-30 |
Execution of warrant |
| 32-22-31 |
Return to warrant ‑ Procedure |
| 32-22-32 |
When person must be discharged |
| 32-22-33 |
When writ may be served |
| 32-22-34 |
Accused liberated for want of prosecution |
| 32-22-35 |
Writ not allowed to delay trial |
| 32-22-36 |
Prisoners may not be removed from one prison to another ‑ Exceptions |
| 32-22-37 |
Penalty if judge refuses or delays writ |
| 32-22-38 |
Removing or concealing prisoner to avoid writ ‑ Penalty |
| 32-22-39 |
Officer refusing prisoner copy of commitment ‑ Penalty |
| 32-22-40 |
Penalty for rearresting on same charge |
| 32-22-41 |
All penalties inure to use of party aggrieved |
| 32-22-42 |
Recovery of penalties no bar to civil action |
| 32-22-43 |
Writ may issue for witness or for surrender of principal in discharge of bail ‑ Liability of jailer ‑ Costs |
Chapter 32-23 - Declaratory Judgments
| Section |
Section Name |
| 32-23-01 |
Court of record may enter a declaratory judgment |
| 32-23-02 |
Power to construe contracts, statutes, and wills |
| 32-23-03 |
Construction before or after breach |
| 32-23-04 |
Rights in trust or estate determined |
| 32-23-05 |
Enumeration not exclusive |
| 32-23-06 |
Entering of declaratory judgment discretionary with court ‑ Exception |
| 32-23-07 |
Review of declaratory judgment |
| 32-23-08 |
Supplemental relief |
| 32-23-09 |
Trial of issue of fact |
| 32-23-10 |
Costs |
| 32-23-11 |
Parties |
| 32-23-12 |
Construction of chapter |
| 32-23-13 |
Definition of person |
Chapter 32-24 - Certification of Question of Law to Supreme Court [Superseded by North Dakota Rules of Appellate Procedure]
Chapter 32-25 - Conversion of Grain by Public Warehouse
| Section |
Section Name |
| 32-25-01 |
Who may bring action ‑ Effect |
| 32-25-02 |
Consolidation of action |
| 32-25-03 |
Storage tickets prima facie evidence |
| 32-25-04 |
How value of grain may be proved |
| 32-25-05 |
Method of proof of value of grain not exclusive |
Chapter 32-26 - Administration of Assignment for Benefit of Creditors
| Section |
Section Name |
| 32-26-01 |
District court has supervision |
| 32-26-02 |
Public administrator as receiver |
| 32-26-03 |
When property in several counties |
| 32-26-04 |
When assignee may act |
| 32-26-05 |
Sales ‑ Fees and expenses ‑ Subject to approval of court |
| 32-26-06 |
What court has jurisdiction ‑ Transfer |
Chapter 32-27 - Establishing Citizenship
| Section |
Section Name |
| 32-27-01 |
Where proceeding maintained |
| 32-27-02 |
How proceeding instituted ‑ Contents of petition |
| 32-27-03 |
Notice to be given by clerk of the district court |
| 32-27-04 |
Hearing ‑ Who may appear ‑ Duty of attorney general and state's attorney |
| 32-27-05 |
Judgment |
| 32-27-06 |
Appeal |
Chapter 32-28 - Change of Names of Persons and Places
| Section |
Section Name |
| 32-28-01 |
Court authorized to change name of persons and cities |
| 32-28-02 |
Change of name of person ‑ Petition ‑ Criminal history record checks ‑ Exceptions |
| 32-28-03 |
Change of name of city ‑ Petition |
| 32-28-04 |
Costs ‑ Change not to affect rights or pending actions |
Chapter 32-29 - Arbitration [Repealed]
Chapter 32-29.1 - Arbitration of Medical Malpractice Claims [Repealed]
Chapter 32-29.2 - Uniform Arbitration Act [Repealed]
Chapter 32-29.3 - Uniform Arbitration Act
Chapter 32-29.4 - Uniform Family Law Arbitration Act
Chapter 32-30 - Proceedings Against Joint Debtors
Chapter 32-31 - Foreclosure of Tax Liens
| Section |
Section Name |
| 32-31-01 |
Jurisdiction of district court in foreclosure of tax lien |
| 32-31-02 |
Procedure in equity governs |
| 32-31-03 |
Action brought by whom |
| 32-31-04 |
Special counsel |
| 32-31-05 |
County treasurer to bid at execution sale |
| 32-31-06 |
Disposal of land by county |
| 32-31-07 |
Sale to cash purchaser at execution sale |
Chapter 32-32 - Special Proceedings, General Provisions
Chapter 32-33 - Writ of Certiorari
Chapter 32-34 - Writ of Mandamus
Chapter 32-35 - Writ of Prohibition
| Section |
Section Name |
| 32-35-01 |
Definition of writ of prohibition |
| 32-35-02 |
By whom and when issued |
| 32-35-03 |
Alternative or peremptory |
| 32-35-04 |
Other laws applicable |
Chapter 32-36 - Illegitimacy [Repealed]
Chapter 32-37 - Establishing Date and Place of Birth
| Section |
Section Name |
| 32-37-01 |
Where proceeding maintained |
| 32-37-02 |
How proceedings instituted ‑ Contents of petition |
| 32-37-03 |
Notice given by clerk of district court |
| 32-37-04 |
Hearing ‑ Who may appear ‑ Judgment |
| 32-37-05 |
Fees paid by petitioner ‑ Filing copy of judgment |
| 32-37-06 |
District courts have exclusive jurisdiction ‑ Appeals |
Chapter 32-38 - Contribution Among Tort-Feasors
Chapter 32-39 - Voluntary Partial Payment of Claims
| Section |
Section Name |
| 32-39-01 |
Voluntary service or partial payment not admissible |
| 32-39-02 |
Voluntary service or payment not admission of liability |
| 32-39-03 |
Agreement by parties ‑ Credit for service or payment |
Chapter 32-40 - Environmental Law Enforcement
Chapter 32-40.1 - Lender Liability for Environmental Damage
Chapter 32-40.2 - Environmental Audits
| Section |
Section Name |
| 32-40.2-01 |
Environmental audits - Violations |
Chapter 32-41 - Uniform Foreign-Money Claims Act
| Section |
Section Name |
| 32-41-01 |
Definitions |
| 32-41-02 |
Scope |
| 32-41-03 |
Variation by agreement |
| 32-41-04 |
Determining money of the claim |
| 32-41-05 |
Determining amount of the money of certain contract claims |
| 32-41-06 |
Asserting and defending foreign‑money claim |
| 32-41-07 |
Judgments and awards on foreign‑money claims ‑ Times of money conversion ‑ Form of judgment |
| 32-41-08 |
Conversions of foreign money in distribution proceeding |
| 32-41-09 |
Prejudgment and judgment interest |
| 32-41-10 |
Enforcement of foreign judgments |
| 32-41-11 |
Determining United States dollar value of foreign‑money claims for limited purposes |
| 32-41-12 |
Effect of currency revalorization |
| 32-41-13 |
Supplementary general principles of law |
Chapter 32-42 - Alternative Dispute Resolution
| Section |
Section Name |
| 32-42-01 |
Definitions |
| 32-42-02 |
Noneconomic damages limited ‑ Reduction of award |
| 32-42-03 |
Alternative dispute resolution |
| 32-42-04 |
Effective date |
Chapter 32-43 - Uniform Correction or Clarification of Defamation Act
| Section |
Section Name |
| 32-43-01 |
Definitions |
| 32-43-02 |
Scope |
| 32-43-03 |
Request for correction or clarification |
| 32-43-04 |
Disclosure of evidence of falsity |
| 32-43-05 |
Effect of correction or clarification |
| 32-43-06 |
Timely and sufficient correction or clarification |
| 32-43-07 |
Challenges to correction or clarification or to request for correction or clarification |
| 32-43-08 |
Offer to correct or clarify |
| 32-43-09 |
Scope of protection |
| 32-43-10 |
Admissibility of evidence of correction or clarification |
Chapter 32-44 - Defamation of Agricultural Products and Management Practices
| Section |
Section Name |
| 32-44-01 |
Definitions |
| 32-44-02 |
Civil liability for defamation of agricultural producers |
| 32-44-03 |
Persons entitled to claim for relief |
| 32-44-04 |
Statute of limitations |
Chapter 32-45 - Year 2000 Disruption Actions [Expired]
Chapter 32-46 - Asbestos-Related Liability of Successor
Chapter 32-46.1 - Asbestos Bankruptcy Trust Transparency
Chapter 32-46.2 - Asbestos Civil Actions
| Section |
Section Name |
| 32-46.2-01 |
Definitions |
| 32-46.2-02 |
Sworn information form requirement for asbestos action |
| 32-46.2-03 |
Requirements for asbestos action |
| 32-46.2-04 |
Elements of proof for asbestos action involving nonmalignant conditions |
| 32-46.2-05 |
Elements of proof for asbestos action involving malignant conditions |
| 32-46.2-06 |
Evidence of physical impairment ‑ Procedures ‑ Limitation |
| 32-46.2-07 |
Statute of limitations |
Chapter 32-47 - Landowner Immunity for Trespasser Injury
| Section |
Section Name |
| 32-47-01 |
Duty of care to trespasser |
| 32-47-02 |
Exceptions to land possessor immunity |
Chapter 32-48 - Business Immunity From COVID-19 Liability Claims
| Section |
Section Name |
| 32-48-01 |
Definitions |
| 32-48-02 |
Actual injury requirement in civil actions alleging COVID‑19 exposure |
| 32-48-03 |
Premises owner's duty of care ‑ Limited liability |
| 32-48-04 |
Safe harbor for compliance with statutes, regulations, or executive orders |
| 32-48-05 |
Liability of health care providers and health care facilities |
| 32-48-06 |
Supplies, equipment, and products designed, manufactured, labeled, sold, distributed, and donated in response to COVID‑19 |
| 32-48-07 |
Construction |
| 32-48-08 |
Exception |
Chapter 32-49 - Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act
Title 33 - County Justice Court
Chapter 33-01 - Jurisdiction, Powers, and Duties of County Justice Courts [Repealed]
Chapter 33-02 - Commencing Civil Actions in County Justice Court [Repealed]
Chapter 33-03 - Appearance, Postponement, and Change of Venue or Judge [Repealed]
Chapter 33-04 - Pleadings and Issues in County Justice Court [Repealed]
Chapter 33-05 - Provisional Remedies in County Justice Court [Repealed]
Chapter 33-06 - Eviction [Repealed]
Chapter 33-07 - Trial of Civil Actions [Repealed]
Chapter 33-08 - Judgment and Costs [Repealed]
Chapter 33-09 - Execution on Judgments in County Justice Courts [Repealed]
Chapter 33-10 - Contempts in County Justice Courts [Repealed]
Chapter 33-11 - Appeals in Civil Actions [Repealed]
Chapter 33-12 - Procedure in Criminal Actions [Repealed]
Title 34 - Labor and Employment
Chapter 34-01 - General Provisions
| Section |
Section Name |
| 34-01-01 |
Contract of employment defined |
| 34-01-02 |
Personal service contract ‑ Time limit ‑ Continuation of employment |
| 34-01-03 |
Voluntary service without employment ‑ Duties of person rendering ‑ Rights to compensation and expenses |
| 34-01-04 |
Intimidation, force, and threats against employees prohibited ‑ Penalty |
| 34-01-05 |
Intimidation, force, and threats against employers prohibited ‑ Penalty |
| 34-01-06 |
Hindering person from obtaining or enjoying employment ‑ Penalty |
| 34-01-07 |
Black list prohibited ‑ Punishment |
| 34-01-08 |
Limitation on hours of labor of employees of city over five thousand population ‑ Exceptions |
| 34-01-09 |
Violation of hours of employment for city employees ‑ Penalty |
| 34-01-09.1 |
Maximum hours of labor |
| 34-01-09.2 |
Penalty |
| 34-01-09.3 |
Qualifications to hold office in labor union or labor organization |
| 34-01-10 |
Fraud by employee in securing transportation or advancement ‑ Misdemeanor |
| 34-01-11 |
Definition |
| 34-01-12 |
Employer to pay surviving spouse or heirs wages due |
| 34-01-13 |
Actions under Fair Labor Standards Act must be brought within certain time |
| 34-01-14 |
Right to work not to be abridged by membership or nonmembership in labor union |
| 34-01-14.1 |
Collection of actual representation expenses from nonunion employees |
| 34-01-15 |
Employer to pay for medical examination ‑ Penalty for violation |
| 34-01-15.1 |
Paid family leave - Political subdivision prohibition |
| 34-01-16 |
Qualifications to hold office in labor union or labor organization |
| 34-01-17 |
Unlawful to discriminate because of age ‑ Penalty |
| 34-01-18 |
Discrimination against women jockeys prohibited ‑ Penalty for violation |
| 34-01-19 |
Employment discrimination ‑ Declaration of policy ‑ Limitation of actions ‑ Court jurisdiction |
| 34-01-20 |
Employer retaliation prohibited ‑ Civil action for relief ‑ Penalty |
Chapter 34-02 - Obligations of Employer and Employee
| Section |
Section Name |
| 34-02-01 |
Employer must indemnify employee for losses and expenses ‑ Exception |
| 34-02-02 |
Nonliability of employer for ordinary risks ‑ Negligence of coemployees ‑ Exception |
| 34-02-03 |
Liability for employer's negligence |
| 34-02-04 |
Gratuitous employee ‑ Performance and care required |
| 34-02-05 |
Gratuitous employee under power of attorney |
| 34-02-06 |
Employee for reward ‑ Ordinary care and diligence required |
| 34-02-07 |
Employee for own benefit ‑ Great care and diligence required |
| 34-02-08 |
Employee shall obey instructions of employer ‑ Exceptions |
| 34-02-09 |
Employee to perform service in conformity with usage of place ‑ Exception |
| 34-02-10 |
Skill required by employee |
| 34-02-11 |
Products of employment belong to employer ‑ Exception |
| 34-02-12 |
Employee shall account to employer ‑ Demand required ‑ Exception |
| 34-02-13 |
Deliveries to employer ‑ Demand required ‑ Restriction |
| 34-02-14 |
Employee to give preference to employer's business |
| 34-02-15 |
Substitute employee selected by employee ‑ Liability and responsibility |
| 34-02-16 |
Liability of employee for culpable negligence ‑ Liability of employer for services |
| 34-02-17 |
Surviving employee to perform service ‑ Exception |
| 34-02-18 |
Immunity for providing employment reference |
Chapter 34-03 - Termination of Employment
| Section |
Section Name |
| 34-03-01 |
Termination of employment at will ‑ Notice required |
| 34-03-02 |
How employment terminated |
| 34-03-03 |
Termination of employment not coupled with an interest |
| 34-03-04 |
Continuance of employment required after death or incapacity of employer ‑ Exceptions |
| 34-03-05 |
Termination by employer for breach or neglect of duty or incapacity to perform |
| 34-03-06 |
Employee may terminate employment because of breach of obligations by employer |
| 34-03-07 |
Compensation of employee after discharge for cause |
| 34-03-08 |
Employee quitting for cause ‑ Compensation |
| 34-03-09 |
Compensation of employees upon termination of employment |
| 34-03-10 |
COVID‑19 vaccination requirements - Exemptions |
Chapter 34-04 - Master and Servant [Repealed]
Chapter 34-05 - Department of Labor and Human Rights
| Section |
Section Name |
| 34-05-01 |
Statistics relating to the employment of labor |
| 34-05-01.1 |
Department of labor and human rights |
| 34-05-01.2 |
Labor commissioner to administer department of labor and human rights |
| 34-05-01.3 |
Duties of labor commissioner |
| 34-05-01.4 |
Independent contractors ‑ Determination made by commissioner |
| 34-05-02 |
Labor division ‑ Administrative officers ‑ General duties |
| 34-05-03 |
Officials and employers to furnish certain information ‑ Records ‑ Penalty |
| 34-05-04 |
Employment of assistants |
Chapter 34-06 - Minimum Wages and Hours
| Section |
Section Name |
| 34-06-01 |
Definitions |
| 34-06-02 |
Power to investigate conditions of labor and wages and hours of employees |
| 34-06-03 |
Commissioner may adopt standards by rule |
| 34-06-03.1 |
Exemption for companionship services and family home care |
| 34-06-03.2 |
Authority of labor commissioner ‑ Exception |
| 34-06-04 |
Power to make rules ‑ Posting by employers |
| 34-06-04.1 |
Compensatory time, overtime, and work‑period claims |
| 34-06-05 |
Employment of employees under certain conditions illegal |
| 34-06-05.1 |
One day of rest in seven ‑ Penalty |
| 34-06-06 |
Hours of labor for females limited ‑ Exceptions |
| 34-06-07 |
Employer to keep register of employees employed ‑ Inspection and examination of register |
| 34-06-08 |
Investigations and hearings by commissioner ‑ Subpoena, oath, and fees of witnesses |
| 34-06-09 |
Conference to consider investigation by commissioner ‑ Members, quorum, report |
| 34-06-10 |
Recommendations contained in report of conference |
| 34-06-11 |
Consideration of report by commissioner ‑ Hearing upon approval |
| 34-06-12 |
Order issued by commissioner ‑ Posting |
| 34-06-13 |
Investigation of employment of minors ‑ Recommendations and requirements governing |
| 34-06-14 |
Right of appeal from commissioner's decision limited |
| 34-06-15 |
Special license to employ at less than minimum wage |
| 34-06-16 |
Recovery by underpaid employee |
| 34-06-17 |
Investigation of compliance with rules ‑ Failure to observe or comply |
| 34-06-18 |
Employer discriminating against employees |
| 34-06-19 |
Penalty for violation of chapter |
| 34-06-20 |
Biennial report |
| 34-06-21 |
Hours of labor for females during war |
| 34-06-22 |
State minimum wage rate |
| 34-06-23 |
Living wage mandate prohibition ‑ Political subdivisions |
Chapter 34-06.1 - Equal Pay for Men and Women
Chapter 34-07 - Child Labor
| Section |
Section Name |
| 34-07-01 |
Employment of minor under fourteen years of age prohibited |
| 34-07-02 |
Certificate of employment required ‑ Inspection ‑ List of minors employed to be kept |
| 34-07-03 |
Question of age of minor employee ‑ Who may raise ‑ Duties of employer ‑ Evidence required |
| 34-07-04 |
Noncompliance with demand ‑ Prima facie evidence in prosecution |
| 34-07-05 |
Who may issue certificates ‑ Where certificates may be obtained |
| 34-07-06 |
Evidence of age of minor |
| 34-07-07 |
Letter of prospective employer required before employment certificate issued |
| 34-07-08 |
School record of minor required before employment certificate issued ‑ Contents of record |
| 34-07-09 |
Number of years of school attendance required before certificate issued |
| 34-07-10 |
Vacation employment certificate |
| 34-07-11 |
Requirements for certificate for school term but not during daily session ‑ Truant or deficient minor not to be employed |
| 34-07-12 |
Contents of employment certificate |
| 34-07-13 |
Certificate returned to officer issuing the same upon termination of employment ‑ New certificate |
| 34-07-14 |
Revocation of certificate ‑ Notice ‑ Return of revoked certificate |
| 34-07-15 |
Maximum hours of labor of minors fourteen or fifteen years of age ‑ Notice to be posted |
| 34-07-15.1 |
Sports-attendant services ‑ Exception |
| 34-07-16 |
Prohibited employments and occupations of minors |
| 34-07-17 |
Permit to work in theater or place of amusement |
| 34-07-17.1 |
Newspaper and shopper carrier exemption |
| 34-07-17.2 |
Minors working in hazardous occupations |
| 34-07-18 |
Inspection of factories and establishments by peace officers ‑ Report ‑ Complaints |
| 34-07-19 |
Duties of labor commissioner |
| 34-07-20 |
Commissioner may issue orders with reference to employment of minors |
| 34-07-21 |
Penalty |
Chapter 34-08 - Labor Disputes and Court Proceedings Therein
| Section |
Section Name |
| 34-08-01 |
Definitions |
| 34-08-02 |
Declaration of public policy |
| 34-08-03 |
Restriction on granting of preventive relief by courts in labor disputes |
| 34-08-04 |
Undertaking or promise to join or resign from labor organization not enforceable |
| 34-08-05 |
Acts which may not be enjoined or restrained |
| 34-08-06 |
Labor dispute not an unlawful combination or conspiracy |
| 34-08-07 |
Basis upon which restraining order or injunction may be issued |
| 34-08-08 |
Hearing required ‑ Notice ‑ When temporary order without notice may issue |
| 34-08-09 |
Judgment may be entered on undertaking ‑ Notice required |
| 34-08-10 |
Review by supreme court of order granting or denying temporary injunction |
| 34-08-11 |
Jury trial on contempt charge ‑ Exceptions |
| 34-08-12 |
Change of judge to hear contempt charge ‑ Demand required |
| 34-08-13 |
Member or officer of an organization or association not liable for agents' acts ‑ Exception |
| 34-08-14 |
Mediators ‑ Appointment ‑ Functions ‑ Compensation |
Chapter 34-09 - Labor Unions
| Section |
Section Name |
| 34-09-01 |
Declaration of public policy |
| 34-09-02 |
Labor union to file statement with secretary of state ‑ Contents |
| 34-09-03 |
Annual report of labor union |
| 34-09-04 |
Secretary of state to keep record |
| 34-09-05 |
When labor union may act as bargaining agent |
| 34-09-06 |
Contracts between union and employer |
| 34-09-07 |
Effect of contract |
| 34-09-08 |
Enforcement of contract |
| 34-09-09 |
Conduct of election on appointing bargaining agent and on strike |
| 34-09-10 |
Certificate of results of election ‑ Effect |
| 34-09-11 |
Vote required to appoint bargaining agent or have strike become effective |
| 34-09-12 |
Unlawful picketing ‑ Violation |
| 34-09-13 |
Boycotting, secondary boycotting, and sympathy strikes against public policy |
| 34-09-14 |
Contract effective upon dissolution, reorganization, or merger of labor union |
| 34-09-15 |
Chapter not applicable to interstate commerce |
Chapter 34-10 - Settlement of Labor Disputes [Repealed]
Chapter 34-11 - Mediation of Disputes Between Public Employers and Employees
| Section |
Section Name |
| 34-11-01 |
Recommendations of mediation board ‑ Effect ‑ Good faith and cooperation required |
| 34-11-02 |
Mediation board ‑ Designation ‑ Selection of chairman |
| 34-11-03 |
Duty of mediation board ‑ Public hearings ‑ Determination of issues ‑ Recommendations |
| 34-11-04 |
Study of recommendations by employer and employees ‑ Reconsideration by board |
| 34-11-05 |
Expenses of board members reimbursed |
Chapter 34-11.1 - Public Employees Relations Act
| Section |
Section Name |
| 34-11.1-01 |
Definitions |
| 34-11.1-02 |
Political activities |
| 34-11.1-03 |
Membership in organizations |
| 34-11.1-04 |
Violations for misuse reported by employee ‑ Reprisals prohibited ‑ Furnishing false information ‑ Department of labor and human rights |
| 34-11.1-04.1 |
Discrimination on basis of marital status in state employment prohibited ‑ Exception |
| 34-11.1-04.2 |
Employee representation at grievance proceeding |
| 34-11.1-05 |
Prohibited acts |
| 34-11.1-06 |
Penalties or threats prohibited |
| 34-11.1-07 |
Other rights or legal remedies unimpaired |
| 34-11.1-08 |
Penalty |
Chapter 34-12 - North Dakota Labor-Management Relations Act
| Section |
Section Name |
| 34-12-01 |
Definitions |
| 34-12-02 |
Right of employees as to organization, collective bargaining |
| 34-12-03 |
Unfair labor practices |
| 34-12-04 |
Collective bargaining |
| 34-12-05 |
Exclusive representation ‑ Employees' adjustment of grievances directly with employer |
| 34-12-06 |
Determination of bargaining unit by commissioner |
| 34-12-07 |
Informal conference ‑ Hearing on representation questions ‑ Election requirements |
| 34-12-08 |
Authority of commissioner |
| 34-12-09 |
Power to promulgate regulations |
| 34-12-10 |
Applicability of chapter 28‑32 |
| 34-12-11 |
Right of suit for damages preserved |
| 34-12-12 |
Reporting by labor organization |
| 34-12-13 |
Severability clause |
| 34-12-14 |
Short title |
Chapter 34-13 - Licensing Employment Agents and Agencies
| Section |
Section Name |
| 34-13-01 |
Definitions |
| 34-13-02 |
License required ‑ Penalty |
| 34-13-03 |
License application ‑ Schedule of fees ‑ License issuance and revocation |
| 34-13-04 |
License term and fee |
| 34-13-05 |
Applicant to furnish bond |
| 34-13-06 |
Form and contents of license |
| 34-13-07 |
Duration of license |
| 34-13-08 |
Suspension or revocation of license |
| 34-13-09 |
Transfer of license ‑ Consent to others becoming connected with licensee |
| 34-13-10 |
Place of business |
| 34-13-11 |
License classifications |
| 34-13-12 |
Schedule of charges posted and printed on receipts ‑ Sections of law posted ‑ Information given to applicant for employment |
| 34-13-13 |
Contract with applicant for employment |
| 34-13-13.1 |
Service charge refund ‑ Contracts and fees approved by commissioner ‑ Cause of action by employee |
| 34-13-14 |
Theatrical agencies ‑ Duplicates of applications for engagements |
| 34-13-15 |
Employment agent requirements |
| 34-13-16 |
Penalty |
Chapter 34-14 - Wage Collection
| Section |
Section Name |
| 34-14-01 |
Definition |
| 34-14-02 |
Agreed payday ‑ Direct deposit ‑ Stored value card |
| 34-14-03 |
Employees who are separated from payroll before paydays |
| 34-14-04 |
Unconditional payment of wages conceded to be due |
| 34-14-04.1 |
Limitations on withholdings |
| 34-14-05 |
Enforcement |
| 34-14-06 |
Personnel |
| 34-14-07 |
Penalties |
| 34-14-07.1 |
Retroactive payment not required |
| 34-14-08 |
Assignment of wage claims to labor commissioner for recovery by civil action |
| 34-14-09 |
Employees' remedies ‑ Limitation on wages collectible |
| 34-14-09.1 |
Interest on unpaid wages ‑ Amount of recovery ‑ Exception |
| 34-14-09.2 |
Limitations on accrued paid time off ‑ Investigation |
| 34-14-10 |
Rules and regulations |
| 34-14-11 |
Reciprocal agreements for collection of wages |
| 34-14-12 |
Actions in other states, nations, or countries for collection of claims ‑ Assignments for collection |
| 34-14-13 |
Claims assigned by other states, nations, or countries ‑ Actions ‑ Collection |
Chapter 34-15 - Directory of New Hires
| Section |
Section Name |
| 34-15-01 |
Definitions |
| 34-15-02 |
State directory of new hires ‑ Duties and responsibilities |
| 34-15-03 |
Employer reporting |
| 34-15-04 |
Reporting format |
| 34-15-05 |
Civil money penalties |
| 34-15-06 |
Recovery of civil money penalties |
| 34-15-07 |
Disposition of civil money penalties ‑ Continuing appropriation |
| 34-15-08 |
Confidentiality |
Chapter 34-16 - Occupational and Professional Boards [Repealed]
Title 35 - Liens
Chapter 35-01 - General Provisions
| Section |
Section Name |
| 35-01-01 |
Scope of statutes relating to liens |
| 35-01-02 |
Definition of lien |
| 35-01-03 |
Classification of liens ‑ General ‑ Special ‑ Definition |
| 35-01-04 |
Creation of lien by contract or by operation of law ‑ Special circumstances and exception |
| 35-01-05 |
Lien on future interest ‑ When lien attaches |
| 35-01-05.1 |
When security interest in vehicle valid |
| 35-01-05.2 |
Priority of liens securing future advances |
| 35-01-06 |
Obligations not in existence |
| 35-01-07 |
Holder of special lien may acquire and enforce prior lien |
| 35-01-08 |
Lien transfers no title |
| 35-01-09 |
Recorder to file and index lien |
| 35-01-09.1 |
Last‑known address required for valid lien statement |
| 35-01-10 |
Contracts for forfeiting property subject to lien void ‑ Waiver of redemption void |
| 35-01-11 |
Obligation to perform not to be implied from creation of lien |
| 35-01-12 |
Extent of lien limited to original obligation |
| 35-01-13 |
Holder of property not compensated for expense ‑ Exception |
| 35-01-14 |
Priority according to date of creation |
| 35-01-15 |
Order of resort for payment ‑ Marshalling securities |
| 35-01-16 |
Right of redemption ‑ When made |
| 35-01-17 |
Inferior lienholder may redeem ‑ Subrogation |
| 35-01-18 |
Redemption ‑ How made |
| 35-01-19 |
Lien accessory to act secured ‑ Extinguishment |
| 35-01-20 |
Extinguishment of lien by sale or conversion of property ‑ Mitigation of damages in conversion |
| 35-01-21 |
Lien dependent on possession ‑ Voluntary restoration of property extinguishes lien |
| 35-01-22 |
Lien not extinguished by lapse of time for enforcing main obligation |
| 35-01-23 |
Lien not extinguished by partial performance |
| 35-01-24 |
Satisfaction of lien before maturity |
| 35-01-25 |
Assignment, satisfaction, foreclosure of mortgage, judgment, or other lien by heir, legatee, foreign administrator, executor, or guardian |
| 35-01-26 |
Destroying, concealing, selling property subject to lien ‑ Penalty |
| 35-01-27 |
Discharge of mortgage or lien on real property ‑ Penalty |
| 35-01-28 |
Discharge of statutory lien on personal property must be filed ‑ Penalty |
| 35-01-29 |
Foreclosure of statutory lien on personal property |
| 35-01-30 |
Costs and fees on foreclosure ‑ Report of foreclosure required ‑ Filing |
Chapter 35-02 - Mortgages [Repealed]
Chapter 35-03 - Mortgage of Real Property
| Section |
Section Name |
| 35-03-01 |
Mortgage of real property must be in writing ‑ Formalities necessary |
| 35-03-01.1 |
Definitions |
| 35-03-01.2 |
Nature, extent, and effect of lien ‑ Security not to be impaired |
| 35-03-01.3 |
Mortgages insured or guaranteed by the United States veterans' administration ‑ Notice |
| 35-03-02 |
Acknowledgment, certification, and recordation |
| 35-03-03 |
Power of attorney to execute mortgages ‑ Requisites |
| 35-03-04 |
Prerequisites for recordation ‑ Post‑office address of mortgagee or assignee |
| 35-03-05 |
Form of real estate mortgage |
| 35-03-05.1 |
Recording and filing assignment of mortgage ‑ Notice to whom |
| 35-03-06 |
Fee for recording mortgage ‑ Standard form not mandatory |
| 35-03-07 |
Record ‑ Notice to whom |
| 35-03-08 |
Papers accompanying mortgage or grant must be recorded |
| 35-03-09 |
Defeasance must be recorded ‑ Effect of failure to record |
| 35-03-10 |
Mortgage for purchase price of real property prior to all liens |
| 35-03-11 |
Certificate of discharge ‑ How recorded |
| 35-03-12 |
Successor or devisee must satisfy mortgage out of that person's property ‑ Exception |
| 35-03-13 |
Discharge of real estate mortgage not renewed or extended of record |
| 35-03-14 |
Expiration of real estate mortgages |
| 35-03-15 |
Extension of mortgage ‑ Expiration delayed ‑ Retroactivity |
| 35-03-15.1 |
Modification of mortgage ‑ Expiration delayed |
| 35-03-16 |
Satisfaction of mortgage ‑ Discharge ‑ Form ‑ Power of attorney |
| 35-03-17 |
Collateral real estate mortgages |
| 35-03-18 |
Request for information concerning payoff and escrow amounts ‑ Penalty ‑ Venue |
| 35-03-19 |
Certificate of release ‑ Contents ‑ Execution ‑ Recordation |
Chapter 35-04 - Mortgage of Personal Property [Repealed]
Chapter 35-05 - Crop Mortgages
| Section |
Section Name |
| 35-05-01 |
Security agreement on crops prohibited ‑ Exceptions |
| 35-05-01.1 |
Crop liens ‑ Limitations ‑ Exceptions ‑ Remedies ‑ Penalty |
| 35-05-02 |
Lien on crops ‑ Limitation ‑ Exceptions |
| 35-05-03 |
Bills of sale and transfers circumventing crop mortgage law prohibited ‑ Presumption ‑ Penalty |
| 35-05-04 |
Security agreement not to include other personal property |
| 35-05-05 |
Recorder to keep index of continuing crop liens |
| 35-05-06 |
Abstract of crop liens ‑ Fees ‑ Duty of recorder |
| 35-05-07 |
Cancellation by recorder ‑ Exception |
Chapter 35-06 - Pledge
| Section |
Section Name |
| 35-06-01 |
Pledge defined |
| 35-06-02 |
Lien of pledge dependent on possession |
| 35-06-03 |
Increase of property pledged with property |
| 35-06-04 |
Lien may be pledged |
| 35-06-05 |
Pledge by apparent owner ‑ Effect ‑ Estoppel of actual owner |
| 35-06-06 |
Pledge to secure another's obligation ‑ Effect ‑ Withdrawal |
| 35-06-07 |
Pledgeholder defined ‑ Duties |
| 35-06-08 |
Liability of pledgee and of pledgeholder |
| 35-06-09 |
Exoneration of pledgeholder |
| 35-06-10 |
Fraudulent misrepresentation of property pledged ‑ Rights of creditor |
| 35-06-11 |
Pledge enforced ‑ Sale when performance due |
| 35-06-12 |
Demand for performance necessary |
| 35-06-13 |
How demand for performance waived |
| 35-06-14 |
Notice to pledgor of sale |
| 35-06-15 |
Waiver of notice of sale |
| 35-06-16 |
Sale must be by public auction ‑ Notice of sale |
| 35-06-17 |
Foreclosure of pledged evidence of debt ‑ Demand |
| 35-06-18 |
Notice of sale ‑ Publication ‑ Posting ‑ Service ‑ Report of sale |
| 35-06-19 |
Redemption ‑ Procedure |
| 35-06-20 |
Sale ‑ When pledgor may require |
| 35-06-21 |
Sale ‑ Application of proceeds |
| 35-06-22 |
Sale before debt is due ‑ Retention of proceeds |
| 35-06-23 |
Sale ‑ Purchase by pledgee or pledgeholder |
| 35-06-24 |
Foreclosure by action |
Chapter 35-07 - Threshing or Drying Lien [Repealed]
Chapter 35-08 - Crop Production Lien [Repealed]
Chapter 35-09 - Fertilizer, Farm Chemicals, and Seed Lien [Repealed]
Chapter 35-10 - Sugar Beet Production Lien [Repealed]
Chapter 35-11 - Farm Laborer's Lien [Repealed]
Chapter 35-12 - Mechanic's Lien [Repealed]
Chapter 35-13 - Repairman's Lien
| Section |
Section Name |
| 35-13-01 |
Repairman's lien authorized |
| 35-13-02 |
Lien statement ‑ Contents ‑ When required ‑ Filing |
| 35-13-03 |
Separate articles of personal property may be included in one lien statement |
| 35-13-04 |
Priority of lien |
| 35-13-05 |
Notice before foreclosure |
| 35-13-06 |
Lienholder may pay amount of lien ‑ Assignment of lien |
| 35-13-07 |
Nonjudicial disposition of property |
Chapter 35-14 - Garage Keeper's Storage Lien
| Section |
Section Name |
| 35-14-01 |
Lien for storage of motor vehicles ‑ Possession |
| 35-14-02 |
Lien may be perfected notwithstanding surrender of possession |
| 35-14-03 |
Priority of storage lien |
| 35-14-04 |
Vehicle may be removed when storage charge not paid |
Chapter 35-15 - Miner's Lien
| Section |
Section Name |
| 35-15-01 |
Miner's lien for work or material furnished to owner or contractor |
| 35-15-02 |
Verified account to owner ‑ Amount deducted from payment to contractor |
| 35-15-03 |
Duty of owner ‑ Delivery of copy to contractor ‑ Notice ‑ Disputed claim ‑ Payment of claim |
| 35-15-04 |
Amount due from contractors recovered from owner ‑ Action against owner |
| 35-15-05 |
Account filed with clerk ‑ Recorded by clerk ‑ Liens concurrent and paid pro rata |
| 35-15-06 |
Foreclosure ‑ When lienholders joined in action |
| 35-15-07 |
Chapter applies to oil and gas wells, iron and lead mines, and other mines |
Chapter 35-16 - Lien for Service of Stallion or Jack [Repealed]
Chapter 35-17 - Agister's Lien
| Section |
Section Name |
| 35-17-01 |
Agister's lien authorized |
| 35-17-02 |
Priority of agister's lien ‑ Notice to holders of prior liens |
| 35-17-03 |
Agister's lien by filing ‑ Priority of lien |
| 35-17-04 |
Procedure to obtain lien ‑ Statement filed ‑ Contents ‑ Waiver |
| 35-17-05 |
Information to be filed by a lienholder with the secretary of state |
| 35-17-06 |
Secretary of state to remove and destroy certain documents |
| 35-17-07 |
Amendment of lien |
| 35-17-08 |
Fees ‑ Penalty |
Chapter 35-18 - Hospital Lien
| Section |
Section Name |
| 35-18-01 |
Hospital lien authorized for services to injured persons ‑ Attachment to claims for relief, insurance, and other claims |
| 35-18-02 |
Service of notice of intention to file hospital lien |
| 35-18-03 |
Lien statement ‑ Contents ‑ Verification ‑ Filing |
| 35-18-04 |
Clerk of court ‑ Filing ‑ Record ‑ Fee |
| 35-18-05 |
Filing is notice to whom ‑ Effect of payment or release of claim |
| 35-18-06 |
Hospital lien enforced by action |
| 35-18-07 |
Judgment for damages to contain reference to lien ‑ Proceeds of judgment applied on lien or deposited |
| 35-18-08 |
Insurance ‑ Payment to holder of lien ‑ Deposit with clerk |
| 35-18-09 |
Hospital records open to inspection |
| 35-18-10 |
Workforce safety and insurance excepted from application of chapter |
| 35-18-11 |
Action on lien ‑ Limitations |
Chapter 35-19 - Innkeeper's Lien
| Section |
Section Name |
| 35-19-01 |
Innkeeper's lien authorized |
| 35-19-02 |
Sale of property subject to innkeeper's lien |
| 35-19-03 |
Disposal of money remaining after foreclosure |
Chapter 35-20 - Miscellaneous Liens
| Section |
Section Name |
| 35-20-01 |
Vendor's lien on real property for purchase price authorized |
| 35-20-02 |
Vendor's lien waived by transfer of written contract for payment ‑ Exception |
| 35-20-03 |
Purchaser's lien on real property for purchase price |
| 35-20-04 |
Vendor's and purchaser's liens on realty subject to rights of subsequent purchaser |
| 35-20-05 |
Vendor's lien on personalty ‑ Dependent on possession ‑ Enforced as pledge |
| 35-20-06 |
Factor's lien ‑ Dependent on possession |
| 35-20-07 |
Officer's lien in attachment or execution |
| 35-20-08 |
Attorney's lien ‑ On money ‑ Against a judgment |
| 35-20-09 |
Release of attorney's lien by undertaking |
| 35-20-10 |
Lien for federal taxes ‑ Notice |
| 35-20-11 |
Lien for repair, protection, improvement, safekeeping, or carriage of personalty |
| 35-20-12 |
Housemover's lien |
| 35-20-13 |
Lien statement for housemover's lien ‑ When required ‑ Contents ‑ Filing ‑ Enforcement ‑ Requiring suit to be commenced |
| 35-20-14 |
Priority of housemover's lien |
| 35-20-15 |
Lien for unpaid earned property or casualty insurance premiums |
| 35-20-15.1 |
Amendment of lien for unpaid earned property or casualty insurance premiums |
| 35-20-16 |
Procedure to obtain unpaid earned property or casualty insurance premium lien ‑ Filing |
| 35-20-17 |
Landlord's mobile home lien ‑ Penalty |
Chapter 35-21 - Release of Lien by Undertaking
| Section |
Section Name |
| 35-21-01 |
Release of lien by undertaking authorized |
| 35-21-02 |
Filing of application, affidavit, and undertaking for release of lien |
| 35-21-03 |
Application, affidavit, undertaking, and notice of time to except sureties served on lien claimant |
| 35-21-04 |
Exception to sureties ‑ Justification by sureties ‑ Discharge of lien |
| 35-21-05 |
Fee ‑ Certified copies as evidence |
Chapter 35-22 - Foreclosure of Mortgages of Real Property by Advertisement
| Section |
Section Name |
| 35-22-01 |
Foreclosure under power of sale ‑ Prohibition ‑ Exception |
| 35-22-02 |
Right to foreclose ‑ Prerequisites ‑ Recording |
| 35-22-03 |
Notice of intention to foreclose ‑ Service ‑ Payment ‑ Failure to commence foreclosure within ninety days |
| 35-22-04 |
Foreclosure by advertisement enjoined ‑ Procedure |
| 35-22-05 |
Foreclosure for installments ‑ Separate proceedings ‑ Redemption |
| 35-22-06 |
Notice ‑ Published six times |
| 35-22-07 |
Notice of sale ‑ Form |
| 35-22-08 |
Sale to be conducted at public auction ‑ Time and place |
| 35-22-09 |
Sale as unit or by tracts |
| 35-22-10 |
Mortgagee, assigns, or representatives may purchase |
| 35-22-11 |
Certificate of sale ‑ Contents ‑ Recordation within sixty days after sale ‑ Effect of certificate |
| 35-22-12 |
Costs ‑ Disbursements |
| 35-22-13 |
Foreclosure ‑ Attorney's and sheriff's fees ‑ Division of attorney's fees unlawful |
| 35-22-14 |
Affidavit of publication ‑ Contents ‑ Filed within sixty days |
| 35-22-15 |
Recorder ‑ Note of sale on margin of mortgage record |
| 35-22-16 |
Affidavit of publication recorded ‑ Effect of in evidence |
| 35-22-17 |
Copy of affidavit of publication to be mailed |
| 35-22-18 |
Affidavit of mailing ‑ Recordation |
| 35-22-19 |
Failure to mail notices ‑ Liability |
| 35-22-20 |
Redemption ‑ Who may redeem ‑ Notice to officer making sale |
| 35-22-21 |
Deed ‑ Issuance ‑ Effect |
| 35-22-22 |
Disposition of proceeds of sale |
| 35-22-23 |
Payment of surplus into court ‑ Petition for surplus |
| 35-22-24 |
Application for order directing payment of surplus ‑ Notice ‑ Service |
| 35-22-25 |
Order for distribution ‑ Payment |
Chapter 35-23 - Foreclosure of Mortgages of Personal Property by Advertisement [Repealed]
Chapter 35-24 - Well or Pipeline Construction Lien
| Section |
Section Name |
| 35-24-01 |
Definitions |
| 35-24-02 |
Who entitled to lien ‑ Amount of lien |
| 35-24-03 |
Property subject to lien |
| 35-24-04 |
Subcontractor's lien |
| 35-24-05 |
Forfeiture or failure of title |
| 35-24-06 |
Notice to purchaser of oil and gas |
| 35-24-07 |
Rights of subcontractor against contract price |
| 35-24-08 |
Date lien arises ‑ Preference over other encumbrances |
| 35-24-09 |
Parity of liens ‑ Exception |
| 35-24-10 |
Continuing deliveries under single contract |
| 35-24-11 |
Contents and filing of statement of lien |
| 35-24-12 |
Recordation of statement of lien |
| 35-24-13 |
Bond to indemnify against liens |
| 35-24-14 |
Duration of lien ‑ Suit to foreclose |
| 35-24-15 |
Parties to suit to foreclose |
| 35-24-16 |
Consolidation of suits to foreclose ‑ Intervention |
| 35-24-17 |
Removal prohibited ‑ Injunction ‑ Lien follows property wrongfully removed |
| 35-24-18 |
Sale pursuant to foreclosure |
| 35-24-19 |
Allowance of reasonable attorney's fee in foreclosure |
| 35-24-20 |
Personal action |
| 35-24-21 |
Waivers |
| 35-24-22 |
Assignment of liens and actions |
| 35-24-23 |
Saving clause ‑ Liberal construction |
Chapter 35-25 - Factor's Liens [Repealed]
Chapter 35-26 - Filing and Discharge of Federal Liens [Repealed]
Chapter 35-27 - Construction Lien
| Section |
Section Name |
| 35-27-01 |
Definitions |
| 35-27-02 |
Persons entitled to construction lien ‑ Notice ‑ Prohibition |
| 35-27-03 |
When lien attaches |
| 35-27-04 |
When lien attaches ‑ Exception ‑ Filing |
| 35-27-05 |
Notice of intention to claim lien ‑ Recordation |
| 35-27-06 |
Extent and amount of lien |
| 35-27-07 |
Title of vendor or consenting owner ‑ Subject to liens |
| 35-27-08 |
Contractor or subcontractor improperly using proceeds of payment ‑ Larceny |
| 35-27-09 |
Payment to contractors withheld |
| 35-27-10 |
Mingling of charges defeats right to lien |
| 35-27-11 |
Itemized account and demand conditions precedent to obtaining lien for materials |
| 35-27-12 |
Recorder to record notice |
| 35-27-13 |
How lien perfected ‑ Construction lien recorded |
| 35-27-14 |
Lien not lost for failure to file within time ‑ Exception |
| 35-27-15 |
Account ‑ Duty of clerk of court |
| 35-27-16 |
Inaccuracies in lien statement |
| 35-27-17 |
Single contract for several buildings ‑ Amount of claim apportioned |
| 35-27-18 |
Construction lien on railway contracts obtainable |
| 35-27-19 |
Land subject to lien |
| 35-27-20 |
Collateral security does not impair lien ‑ Exception |
| 35-27-21 |
Complete and independent building ‑ Lien independent of land ‑ Notice to owner |
| 35-27-22 |
Order of priority of classes of construction liens |
| 35-27-23 |
Improvements on leasehold interest ‑ Extent of lien ‑ Sale of building |
| 35-27-24 |
Action to enforce construction lien ‑ Notice of ‑ Deficiency judgment |
| 35-27-24.1 |
Costs and attorney's fees |
| 35-27-25 |
Requiring suit to be commenced ‑ Demand ‑ Limitations of action |
| 35-27-26 |
Penalty for filing unlawful lien |
| 35-27-27 |
Assignment of claims |
| 35-27-28 |
General provisions |
Chapter 35-28 - Federal Tax Lien Registration Act [Repealed]
Chapter 35-29 - Uniform Federal Lien Registration Act
Chapter 35-30 - Agricultural Processor's Lien
| Section |
Section Name |
| 35-30-01 |
Agricultural processor's lien authorized |
| 35-30-02 |
Procedure to obtain lien |
| 35-30-03 |
Priority |
| 35-30-04 |
Secretary of state to remove and destroy certain documents |
| 35-30-05 |
Amendment of lien |
| 35-30-06 |
Fees ‑ Penalty |
Chapter 35-31 - Agricultural Supplier's Lien
| Section |
Section Name |
| 35-31-01 |
Agricultural supplier's lien authorized |
| 35-31-02 |
Procedure to obtain lien |
| 35-31-03 |
Priority |
| 35-31-04 |
Secretary of state to remove and destroy certain documents |
| 35-31-05 |
Amendment of lien |
| 35-31-06 |
Fees ‑ Penalty |
Chapter 35-32 - Aircraft Repair and Maintenance Lien
Chapter 35-33 - Self-Service Storage Facility Liens
| Section |
Section Name |
| 35-33-01 |
Definitions |
| 35-33-02 |
Lien against property ‑ Value limit ‑ Late fee |
| 35-33-03 |
Denial of access ‑ Disposal of property |
| 35-33-04 |
Custody and control of property |
| 35-33-05 |
Notice of proceedings |
| 35-33-06 |
Sale of property ‑ Application of proceeds |
| 35-33-07 |
Protection of purchaser in good faith |
| 35-33-08 |
Liability of owner |
| 35-33-09 |
Validity of certain rental agreements |
| 35-33-10 |
Sale proceedings ‑ Titled vehicles ‑ Towing |
| 35-33-11 |
Owner rights ‑ Chapter construction |
Chapter 35-34 - Child Support Lien
Chapter 35-35 - Nonconsensual Common-Law Liens
| Section |
Section Name |
| 35-35-01 |
Definitions |
| 35-35-02 |
Nonconsensual lien unlawful ‑ Penalty |
| 35-35-03 |
Filing officer may reject lien ‑ Filing officer to accept notice of invalid lien ‑ Filing officer not liable |
| 35-35-04 |
Lien claimant may petition court ‑ Procedure ‑ Order to show cause ‑ Remedies ‑ Order to be filed |
| 35-35-05 |
Petition to declare lien invalid ‑ Procedure ‑ Order to show cause ‑ Remedies ‑ Order to be filed |
| 35-35-06 |
Liability for submitting certain documents for filing ‑ Penalty |
Chapter 35-36 - Portable Storage Unit Property Lien
| Section |
Section Name |
| 35-36-01 |
Definitions |
| 35-36-02 |
Lien against property |
| 35-36-03 |
Custody and control of property |
| 35-36-04 |
Notice of proceedings |
| 35-36-05 |
Sale of property ‑ Application of proceeds |
| 35-36-06 |
Protection of purchaser in good faith |
| 35-36-07 |
Liability of owner |
| 35-36-08 |
Validity of certain rental agreements |
| 35-36-09 |
Sale proceedings ‑ Titled vehicles |
Chapter 35-37 - Oil and Gas Owner's Sales Liens
| Section |
Section Name |
| 35-37-01 |
Definitions |
| 35-37-02 |
Extent of lien ‑ Dispute as to amount due ‑ Notice ‑ Buyer in ordinary course of business |
| 35-37-03 |
Validity of lien |
| 35-37-04 |
Perfection of lien ‑ Verified notice ‑ Effect of instruments ‑ Effective date of lien |
| 35-37-05 |
Rights of first purchasers |
| 35-37-06 |
Expiration of lien ‑ Enforcement ‑ Joinder and consolidation ‑ Costs ‑ Personal actions ‑ Other rights and remedies |
Title 36 - Livestock
Chapter 36-01 - State Board of Animal Health
| Section |
Section Name |
| 36-01-00.1 |
Definitions |
| 36-01-01 |
State board of animal health ‑ Appointment ‑ Terms ‑ Qualifications |
| 36-01-02 |
Meetings of board ‑ Limitations on number ‑ Special |
| 36-01-03 |
Officers of board ‑ Election |
| 36-01-04 |
Compensation and expenses of members of board |
| 36-01-05 |
State veterinarian ‑ Appointment |
| 36-01-06 |
State veterinarian ‑ Duties |
| 36-01-07 |
Consulting veterinarian of board ‑ Duties ‑ Compensation |
| 36-01-08 |
Duties ‑ Rules |
| 36-01-08.1 |
Nontraditional livestock license ‑ Fee |
| 36-01-08.2 |
Mountain lions, wolves, and wolf hybrids held in captivity ‑ Identification required |
| 36-01-08.3 |
Duties ‑ Evaluations ‑ Report |
| 36-01-08.4 |
Ownership of skunks and raccoons prohibited ‑ Exception ‑ Rules on primates, wolves, and wolf hybrids |
| 36-01-09 |
How regulations made |
| 36-01-10 |
Agents and assistants may be employed by commissioner ‑ Granting of authority to United States government inspectors |
| 36-01-11 |
Reports of board |
| 36-01-12 |
Powers of board over contagious and infectious diseases |
| 36-01-12.1 |
Fund transfer for control of diseases |
| 36-01-12.2 |
Confiscation of nontraditional livestock held in violation of this chapter |
| 36-01-13 |
Diseased animal to be reported ‑ Records exempt |
| 36-01-14 |
Protest against killing of diseased animal ‑ Examination of animal by experts ‑ Appointment of experts |
| 36-01-15 |
Expense of experts ‑ How paid |
| 36-01-16 |
Disposal of carcass of diseased animal |
| 36-01-17 |
Oaths and examinations |
| 36-01-18 |
Inspection of livestock in transit ‑ Penalty |
| 36-01-19 |
Emergency fund in case of epizootic |
| 36-01-20 |
Penalty for violation of chapter |
| 36-01-21 |
Definitions |
| 36-01-22 |
Feeding garbage to swine |
| 36-01-23 |
Application for permit |
| 36-01-24 |
Revocation of permits |
| 36-01-25 |
Cooking or other treatment |
| 36-01-26 |
Inspection and investigation ‑ Maintenance of records ‑ Feeding plants |
| 36-01-27 |
Enforcement of the act |
| 36-01-28 |
Enforcement orders ‑ Administrative hearing ‑ Penalty |
| 36-01-29 |
Monitored livestock feedlots ‑ Rules ‑ License |
| 36-01-30 |
Feedlot registration ‑ Rules ‑ Penalty |
| 36-01-31 |
Venomous reptiles ‑ Possession ‑ Permit ‑ Penalty |
| 36-01-32 |
Duties ‑ Animal tracking |
| 36-01-33 |
State board of animal health ‑ Certification of livestock ‑ Fees ‑ Agriculture commissioner ‑ Continuing appropriation |
| 36-01-34 |
Restriction on importation of certain animals - Exception |
| 36-01-35 |
Assistance in criminal investigations |
| 36-01-36 |
Premises identification, animal identification, and animal tracking ‑ Open records ‑ Exception |
Chapter 36-02 - Veterinary Medicine and Surgery [Repealed]
Chapter 36-03 - Stallion Registration [Repealed]
Chapter 36-04 - Livestock Dealers [Repealed]
Chapter 36-05 - Livestock Auction Markets [Repealed]
Chapter 36-05.1 - Satellite Video Livestock Auction Markets [Repealed]
Chapter 36-06 - Purchase of Livestock by Packing Plants [Repealed]
Chapter 36-07 - Rendering Plants [Repealed]
Chapter 36-08 - Cooperative Grazing Associations
Chapter 36-09 - Brands and Marks [Repealed]
Chapter 36-10 - Inspection of Livestock Shipments [Repealed]
Chapter 36-11 - Trespass of Livestock
| Section |
Section Name |
| 36-11-01 |
Livestock running at large prohibited ‑ Penalty |
| 36-11-01.1 |
Livestock ‑ Definition |
| 36-11-02 |
Owner defined |
| 36-11-03 |
Establishment of stock district ‑ Petition |
| 36-11-04 |
Duty of board of county commissioners when petition is filed ‑ Territory within cities, villages, and irrigation districts excluded |
| 36-11-05 |
Revocation of resolution establishing stock district ‑ Petition required ‑ When stock district may be re-established |
| 36-11-05.1 |
Stock district termination |
| 36-11-06 |
Certain animals not to be permitted to run at large at any time ‑ Penalty |
| 36-11-07 |
Liability of owners of livestock injuring persons or property of others |
| 36-11-08 |
Trespass and injury to property ‑ Liability of owner of trespassing goats, sheep, and swine |
| 36-11-09 |
Action permitted when livestock breaks through lawful fence |
| 36-11-10 |
Trespassing livestock may be distrained ‑ Notice to owner ‑ Security for release |
| 36-11-11 |
Procedure when security given |
| 36-11-12 |
Notice of damages to owner of livestock before action is commenced |
| 36-11-13 |
When action for trespass of livestock must be commenced |
| 36-11-14 |
Procedure when keeper or owner of trespassing livestock is unknown |
| 36-11-15 |
Proof on trial of action for trespass of livestock |
| 36-11-16 |
Judgment for plaintiff is lien on livestock |
| 36-11-17 |
Collection of judgment against unknown defendant ‑ Disposition of surplus |
| 36-11-18 |
When judgment of original court final ‑ Right to trial by jury |
| 36-11-19 |
Taking livestock distrained ‑ Penalty |
| 36-11-20 |
Sheriff to return or impound livestock running at large ‑ Expenses to be paid by owner |
Chapter 36-12 - Herding and Driving
| Section |
Section Name |
| 36-12-01 |
Definitions |
| 36-12-02 |
Enticing or driving animals away prohibited ‑ Duties of drover or herder |
| 36-12-03 |
Animals of drover to be branded ‑ Requirements governing |
| 36-12-04 |
Finding of animal of another in herd or flock as presumptive evidence |
| 36-12-05 |
Damages for violation of provisions ‑ Judgment and costs to constitute a lien |
| 36-12-06 |
Penalty |
Chapter 36-13 - Estrays [Repealed]
Chapter 36-14 - Contagious and Infectious Diseases Generally
| Section |
Section Name |
| 36-14-00.1 |
Definitions |
| 36-14-01 |
Sale or gift of animal infected with contagious or infectious disease prohibited ‑ Exception ‑ Notice |
| 36-14-02 |
Killing of infected animal for human consumption prohibited ‑ Exception ‑ Stamping of infected meat |
| 36-14-03 |
Animals infected with contagious or infectious disease to be confined and isolated from other animals |
| 36-14-04 |
Horses, mules, and asses imported into state to have certificate of veterinary inspection |
| 36-14-04.1 |
Animals imported into state to have certificate of veterinary inspection ‑ Exception |
| 36-14-05 |
Cattle brought into state ‑ Certificate of veterinary inspection required |
| 36-14-06 |
Certificate of veterinary inspection required of sheep imported into state ‑ Contents |
| 36-14-07 |
Swine brought into state to have certificate of veterinary inspection ‑ Contents |
| 36-14-08 |
Immunization of swine to be exhibited at fairs |
| 36-14-09 |
Living hog cholera virus and vaccines ‑ Purchase, possession, or use of living hog cholera virus and vaccines prohibited ‑ Penalty |
| 36-14-10 |
Shipments of animals for immediate slaughter |
| 36-14-11 |
Certificates of veterinary inspection issued by whom ‑ Tests made by whom ‑ Rules governing |
| 36-14-12 |
Requirements governing the issuance of certificates |
| 36-14-12.1 |
Notice of condemnation of diseased animal ‑ Animal to be destroyed within fifteen days ‑ Extension of time |
| 36-14-13 |
Issuance of certificate of veterinary inspection by unauthorized person ‑ Penalty |
| 36-14-14 |
Certificate of health required on sale of purebred cattle and nonregistered bulls for breeding purposes |
| 36-14-15 |
Duty of state's attorney to bring actions for violation of chapter ‑ Notice |
| 36-14-16 |
Failure to restrain infected sheep ‑ Penalty |
| 36-14-17 |
Refusing to allow examination of sheep is misdemeanor |
| 36-14-18 |
Willfully spreading infection of sheep is a felony ‑ Penalty |
| 36-14-19 |
Disposition of carcass of animal dying from contagious or infectious disease |
| 36-14-20 |
Duty of overseer of highways when carcass of dead animal is found ‑ Fees ‑ Recovery of expense |
| 36-14-21 |
Enforcement orders ‑ Administrative hearing ‑ Penalty |
| 36-14-22 |
Civil action for damages |
| 36-14-23 |
Animal condemned as diseased to be appraised by board ‑ Notice to owner |
| 36-14-24 |
Protest of board's appraisal ‑ Board of appraisers appointed ‑ Appraisal to be final |
| 36-14-25 |
Fees of appraisers ‑ How paid |
| 36-14-26 |
Approval of indemnity payments ‑ Rules |
| 36-14-27 |
Return of appraisal ‑ Payment of claims for diseased animals |
| 36-14-28 |
Owner of diseased animals ‑ No indemnification ‑ Circumstances |
Chapter 36-14.1 - Hog Cholera
Chapter 36-15 - Bovine Tuberculosis and Brucellosis
| Section |
Section Name |
| 36-15-01 |
Definitions |
| 36-15-02 |
Notice of condemnation of diseased animal ‑ Animal to be destroyed within fifteen days ‑ Extension of time |
| 36-15-03 |
Animal condemned as diseased to be appraised by board ‑ Notice to owner |
| 36-15-04 |
Protest of board's appraisal ‑ Board of appraisers appointed ‑ Appraisal to be final |
| 36-15-05 |
Maximum valuations of diseased animals |
| 36-15-06 |
Fees of appraisers ‑ How paid |
| 36-15-07 |
Owner of condemned animal may protest diagnosis of board |
| 36-15-08 |
Owner entitled to compensation for animal infected with tuberculosis or with paratuberculosis ‑ Board of animal health may make rules governing payments |
| 36-15-08.1 |
Animals with brucellosis or bovine tuberculosis ‑ Compensation ‑ Rules governing payments |
| 36-15-09 |
Return of appraisement ‑ Payment of claims for diseased animals |
| 36-15-10 |
Salvage to be deducted from amount paid to owner of condemned animal |
| 36-15-11 |
Owner of diseased animals may not be indemnified ‑ Cases |
| 36-15-12 |
Bovine tuberculosis fund and brucellosis fund to be maintained |
| 36-15-13 |
Testing of cattle in township for bovine tuberculosis and for brucellosis ‑ Petition |
| 36-15-14 |
Animals not to be permitted to enter state or area circumscribed by board for testing purposes |
| 36-15-15 |
Testing for tuberculosis or for brucellosis without petition ‑ When permitted |
| 36-15-16 |
Transportation to agents of board may be furnished by county or township |
| 36-15-17 |
Tuberculin and brucellosis testing of entire county may be enforced under certain conditions |
| 36-15-18 |
Retesting in modified accredited tuberculosis‑free county |
| 36-15-19 |
Penalty for violation of provisions relating to testing of animals |
| 36-15-20 |
Brucellosis vaccination of calves |
| 36-15-21 |
Calfhood vaccination against brucellosis required ‑ Penalty |
| 36-15-21.1 |
Calfhood vaccination against brucellosis ‑ Waiver of requirements |
| 36-15-22 |
Enforcement orders ‑ Administrative hearing ‑ Penalty |
| 36-15-23 |
Disease testing of livestock - Reimbursement for loss |
Chapter 36-16 - Glanders and Dourine [Repealed]
Chapter 36-17 - Bot Treatment Law [Repealed]
Chapter 36-18 - Serum Institute [Repealed]
Chapter 36-19 - Dipping Stations [Repealed]
Chapter 36-20 - Shipment of Livestock [Repealed]
Chapter 36-21 - General Provisions
| Section |
Section Name |
| 36-21-01 |
Fraudulent registration or representation of purebred livestock ‑ Penalty |
| 36-21-02 |
Abuse of animals prohibited ‑ Penalty |
| 36-21-03 |
Lien for caring for abused animal ‑ Priority ‑ Where prior lien of record exists |
| 36-21-04 |
Unlawful killing or selling of livestock ‑ Penalty |
| 36-21-05 |
Skinning dead livestock ‑ Restrictions governing |
| 36-21-06 |
Maiming or torturing animals ‑ Misdemeanor |
| 36-21-07 |
Keeping houses or pits for fighting animals ‑ Encouraging or promoting fights between animals ‑ Misdemeanor |
| 36-21-08 |
Instigating or promoting fights between animals ‑ Misdemeanor |
| 36-21-09 |
Officer's duty to arrest person instigating or promoting fights between animals |
| 36-21-10 |
Dogs, wolves, and coyotes worrying livestock or poultry may be killed |
| 36-21-11 |
Liability for damages to livestock by dogs |
| 36-21-12 |
Killing of livestock by railroad is prima facie evidence of negligence |
| 36-21-13 |
Exemplary damages for injuries to domestic animals |
| 36-21-14 |
Licensing of weighmen ‑ Fees |
| 36-21-15 |
Sale of livestock by weight |
| 36-21-16 |
Licensing ‑ Duration ‑ Renewals ‑ Refusal ‑ Revocation or suspension |
| 36-21-17 |
False weighing |
| 36-21-18 |
Title to property to remain with seller until settlement made |
| 36-21-19 |
Equine processing assessment ‑ Continuing appropriation ‑ Provision of grants |
Chapter 36-21.1 - Humane Treatment of Animals
| Section |
Section Name |
| 36-21.1-01 |
Definitions |
| 36-21.1-02 |
Overworking, mistreating, or abandoning animals |
| 36-21.1-03 |
Cruelty in transportation |
| 36-21.1-03.1 |
Unattended dog or cat in motor vehicle |
| 36-21.1-04 |
Poisoning animals |
| 36-21.1-05 |
Animal with infectious disease |
| 36-21.1-06 |
Exposure of animals ‑ Authority of officers |
| 36-21.1-07 |
Cockfights, dogfights, and other exhibitions prohibited ‑ Penalties |
| 36-21.1-08 |
Artificially colored animals ‑ Sale |
| 36-21.1-09 |
Use of certain birds as advertising devices ‑ Use of live beef or dairy cattle as raffle prizes ‑ Gifts of animals |
| 36-21.1-10 |
Care of animals used as advertising devices |
| 36-21.1-11 |
Penalty |
| 36-21.1-12 |
Duties of board and commissioner |
| 36-21.1-13 |
Abandoned animals ‑ Assumption of custody |
| 36-21.1-14 |
Assumption of custody ‑ Immunity from liability |
| 36-21.1-15 |
Applicability of chapter |
Chapter 36-21.2 - Treatment of Animals
| Section |
Section Name |
| 36-21.2-01 |
Neglect - Definition - Exemptions - Penalty |
| 36-21.2-02 |
Animal abuse - Definition - Exemptions - Penalty |
| 36-21.2-03 |
Animal cruelty - Definition - Exemptions - Penalty |
| 36-21.2-04 |
Animal abandonment - Definition - Exemptions - Penalty |
| 36-21.2-05 |
Seizure of animal ‑ Court order |
| 36-21.2-06 |
Law enforcement ‑ Duty upon seizure ‑ Notification |
| 36-21.2-07 |
Costs of seizure and care - Responsibility of owner - Lien |
| 36-21.2-08 |
Abandoned animal - Law enforcement officer - Duties |
| 36-21.2-09 |
Title of animal - Sale or adoption |
| 36-21.2-10 |
Veterinarian |
| 36-21.2-11 |
Caged animals - Public display - Exemptions - Penalty |
| 36-21.2-12 |
Unattended animal in motor vehicle - Penalty |
| 36-21.2-13 |
Immunity from liability |
| 36-21.2-14 |
Estrays |
| 36-21.2-15 |
Multiple animals - Enhancement of offense |
Chapter 36-22 - Estray Inspection [Repealed]
Chapter 36-23 - Standards for Meat Inspection, Sanitation, and Distribution [Repealed]
Chapter 36-23.1 - Meat Inspection [Repealed]
Chapter 36-24 - Meat Inspection [Repealed]
Chapter 36-25 - Farmed Elk
Chapter 36-26 - Feral Swine
| Section |
Section Name |
| 36-26-01 |
Definitions |
| 36-26-02 |
Board ‑ Authority |
| 36-26-03 |
Prohibited actions |
| 36-26-04 |
Presence of feral swine ‑ Notification of board ‑ Immediate threat |
| 36-26-05 |
Civil penalty |
Title 37 - Military
Chapter 37-01 - General Provisions
| Section |
Section Name |
| 37-01-01 |
Definitions |
| 37-01-02 |
Armed military force from another state entering this state for military duty prohibited ‑ Exceptions |
| 37-01-03 |
Articles of uniform code of military justice applicable in state ‑ Regulations governing ‑ Punishment for offenses while on duty |
| 37-01-04 |
Governor's authority to order out national guard ‑ Reserve militia ordered out |
| 37-01-04.1 |
National guard emergency ‑ Costs ‑ Application to emergency commission |
| 37-01-05 |
Absence of national guard from state ‑ Designation not to be given to new organization |
| 37-01-06 |
Seizure of property by governor to avert strike or lockout and to avert disaster or calamity |
| 37-01-07 |
Facilities and services at disposal of governor upon taking over coal mine or public utility |
| 37-01-08 |
Proclamation of state of insurrection ‑ Governor may proclaim |
| 37-01-09 |
Service medals |
| 37-01-10 |
Distinguished service medal ‑ Presented by whom ‑ Qualifications ‑ Regulations governing |
| 37-01-10.1 |
North Dakota legion of merit medal ‑ Presented by whom ‑ Qualifications ‑ Regulations governing |
| 37-01-10.2 |
North Dakota state flag - Presented by whom - Qualifications |
| 37-01-11 |
Members of active militia exempt from civil process |
| 37-01-12 |
When members of national guard or militia exempt from civil or criminal liability |
| 37-01-13 |
Right of way of national guard while on duty ‑ Exceptions ‑ Interference with ‑ Penalty |
| 37-01-14 |
Free passage through toll gates, bridges, and ferries |
| 37-01-15 |
Exemption from jury duty |
| 37-01-16 |
Unlawful conversion of military property ‑ Unlawful wearing of uniforms and devices indicating rank ‑ Penalty |
| 37-01-17 |
Misuse of funds or property by officer or soldier of national guard |
| 37-01-18 |
Officer or soldier of national guard making false certificate or return ‑ Misdemeanor |
| 37-01-19 |
Commanding officer may arrest trespassers and disturbers |
| 37-01-20 |
Penalty for resisting when state of insurrection exists |
| 37-01-21 |
Military parades by certain bodies prohibited ‑ Exceptions ‑ Penalty |
| 37-01-22 |
Governor may make rules and regulations governing military forces in state ‑ Limitations ‑ Effect |
| 37-01-23 |
Custom and usage of the armed forces of the United States to govern national guard |
| 37-01-24 |
Jurisdiction of troops occupying a military district under martial law to pursue, arrest, and subpoena |
| 37-01-25 |
Officers and employees of state or political subdivisions in national guard or federal service to retain status for period of active service or any military duty |
| 37-01-25.1 |
Reinstatement to former position ‑ Appeals ‑ Penalty |
| 37-01-25.2 |
Penalty |
| 37-01-26 |
Pay of officers and enlisted men assigned to special duty |
| 37-01-27 |
Members of national guard exempt from poll tax |
| 37-01-28 |
Failure of member of the militia to appear ‑ Penalty |
| 37-01-29 |
Discipline and training of the national guard ‑ Requirements governing |
| 37-01-30 |
Incurring of expenses by officers of militia ‑ Auditing and payment of accounts |
| 37-01-31 |
Honorably discharged veterans preferred for appointment to state or municipal offices ‑ Physical defects not to disqualify |
| 37-01-32 |
State treasurer as trustee exchanging farmlands for military purposes ‑ Conditions of exchange |
| 37-01-33 |
Saving of rights accrued |
| 37-01-34 |
Recordation of discharge papers |
| 37-01-35 |
Legalizing previous recordings |
| 37-01-36 |
Certified copy of record furnished veteran without charge |
| 37-01-37 |
Disability of minor to contract |
| 37-01-38 |
National guard operating fund |
| 37-01-39 |
Expenditure of funds |
| 37-01-39.1 |
Unit funds ‑ Maintenance and expenditure |
| 37-01-40 |
Veteran and wartime veteran defined ‑ Uniform service dates for wartime veterans |
| 37-01-41 |
Claims against the national guard |
| 37-01-42 |
Honorary high school diplomas ‑ Veterans of World War II and Korean and Vietnam conflicts |
| 37-01-43 |
North Dakota military civil relief act |
| 37-01-44 |
Reimbursement of certain medical expenses for North Dakota national guard members |
| 37-01-45 |
Record of veterans |
| 37-01-46 |
Honoring as veterans individuals who have performed military service |
| 37-01-47 |
Health insurance coverage while on state active duty |
| 37-01-48 |
Payment of death benefits |
Chapter 37-02 - Organization of Militia
| Section |
Section Name |
| 37-02-01 |
Militia ‑ How constituted ‑ Exceptions |
| 37-02-02 |
North Dakota national guard ‑ Composition |
| 37-02-03 |
How strength and organization of national guard units prescribed |
| 37-02-04 |
Governor to be commander in chief of militia ‑ Inability of governor to act |
| 37-02-05 |
Attorney general to be legal adviser of governor and adjutant general |
| 37-02-06 |
Staff of governor |
| 37-02-07 |
Composition of state staff corps and detachment ‑ Vacancies |
Chapter 37-03 - Adjutant General
| Section |
Section Name |
| 37-03-01 |
Adjutant general ‑ Appointment ‑ Qualifications ‑ Term ‑ Salary ‑ Office at capital ‑ Removal |
| 37-03-02 |
Assistant adjutants general ‑ Appointment ‑ Qualifications ‑ Duties |
| 37-03-03 |
Seal of adjutant general ‑ Delivery to successor |
| 37-03-04 |
Assistance and expense of office ‑ Payment of accounts |
| 37-03-05 |
General duties of adjutant general |
| 37-03-05.1 |
Biennial report |
| 37-03-06 |
Adjutant general responsible for military property in state ‑ Requirements governing shipment ‑ Reports |
| 37-03-07 |
Military property ‑ Issuance ‑ Purchase |
| 37-03-08 |
Unsuitable military property ‑ Disposal |
| 37-03-09 |
Funds for national guard ‑ Plan of proposed field service to be submitted before receiving |
| 37-03-10 |
Adjutant general to request names of officers at educational institutions qualified to act as officers |
| 37-03-11 |
Compilation of military law by adjutant general ‑ Distribution ‑ Textbooks and reports issued |
| 37-03-12 |
Adjutant general to compile and distribute record of men and women in military service |
| 37-03-13 |
Adjutant general to control military installations ‑ Maintenance fund ‑ Insurance |
| 37-03-14 |
North Dakota veterans' cemetery ‑ Administration |
| 37-03-15 |
Training facility designated |
| 37-03-16 |
Adjutant general - Provision of funding - Source |
| 37-03-17 |
North Dakota adjutant general and disaster response coin - Presented by whom - Qualifications |
| 37-03-18 |
North Dakota national guard service member, veteran, family, and survivor support program ‑ Administration ‑ Continuing appropriation ‑ Report to budget section |
Chapter 37-04 - Commissioned Officers
| Section |
Section Name |
| 37-04-01 |
Commissioned officers of national guard ‑ Qualifications |
| 37-04-02 |
Commissioned officer of national guard to be examined |
| 37-04-03 |
Officers commissioned by governor ‑ Assigning or reassigning officers |
| 37-04-04 |
Oath required of commissioned officers in national guard |
| 37-04-05 |
Bond of officer |
| 37-04-06 |
Duties of officer to devolve upon officer next in rank upon absence or disability |
| 37-04-07 |
Responsibility for efficiency |
| 37-04-08 |
Pay received by commissioned officers of the national guard |
| 37-04-09 |
Expenses allowed officers and enlisted men of national guard |
| 37-04-10 |
Allowances for commissioned officers |
| 37-04-11 |
Pay of officers serving on boards, commissions, and courts |
| 37-04-12 |
Pay and allowances allowed national guard officers assigned to duty with regular army |
| 37-04-13 |
Pay of officers having administrative functions |
| 37-04-14 |
Resignation of commissioned officers |
| 37-04-15 |
Vacating commissions ‑ Acquisition of reserve status |
| 37-04-16 |
Retirement and discharge of national guard officers |
| 37-04-17 |
Board appointed to determine disability, unfitness, or incompetency of officers ‑ Powers of board ‑ Findings |
| 37-04-18 |
Retired officer subject to orders of commander in chief only |
Chapter 37-04.1 - National Guard Pay and Allowances
| Section |
Section Name |
| 37-04.1-01 |
Pay and allowances of national guard members ‑ Deductions allowed |
| 37-04.1-02 |
Expenses allowed officers and enlisted members of national guard |
| 37-04.1-03 |
Pay of national guard members serving on boards, commissions, and courts |
| 37-04.1-04 |
Pay and allowances allowed national guard called to service under federal authority |
Chapter 37-05 - Property and Disbursing Officer
| Section |
Section Name |
| 37-05-01 |
Property and disbursing officer ‑ Qualifications ‑ Appointment ‑ Bond ‑ Compensation |
| 37-05-02 |
Secretary of defense to pay allotment to property and disbursing officer ‑ Amount |
| 37-05-03 |
Accounts, returns, and reports made by property and disbursing officer |
| 37-05-04 |
Property and disbursing officer may entrust money to other officers ‑ Liability ‑ Penalty for misconduct |
Chapter 37-06 - Paymaster General [Repealed]
Chapter 37-07 - Enlisted Personnel
| Section |
Section Name |
| 37-07-01 |
Original enlistments in national guard ‑ Qualifications |
| 37-07-02 |
Re-enlistment periods in national guard |
| 37-07-03 |
Enlisted men to sign contract of enlistment and subscribe to oath |
| 37-07-04 |
Transfers of enlisted men |
| 37-07-05 |
Pay and allowances of enlisted national guard members ‑ Deductions allowed |
| 37-07-06 |
Discharge of enlisted person |
Chapter 37-07.1 - National Guard Tuition Waiver Act
Chapter 37-07.2 - National Guard Tuition Grants
| Section |
Section Name |
| 37-07.2-01 |
National guard member grants and tuition waivers ‑ Terms |
| 37-07.2-01.1 |
National guard member grants ‑ Eligibility for use for out‑of‑state postsecondary education institutions ‑ Terms ‑ Report |
| 37-07.2-02 |
Limitation |
| 37-07.2-03 |
Application for grant |
| 37-07.2-04 |
Regulations |
Chapter 37-07.3 - National Guard Training Area and Facility Trust Fund
| Section |
Section Name |
| 37-07.3-01 |
National guard training area and facility development trust fund |
| 37-07.3-02 |
National guard training area and facility development trust fund ‑ Investment and income |
| 37-07.3-03 |
Trust fund use |
| 37-07.3-04 |
Payments in lieu of real estate taxes |
Chapter 37-08 - National Guard Reserve
| Section |
Section Name |
| 37-08-01 |
National guard reserve ‑ Organization |
| 37-08-02 |
Enlistments in national guard reserve ‑ Contract ‑ Oath |
| 37-08-03 |
Transfer from active to reserve list and from reserve to active list |
| 37-08-04 |
Method of drafting reserves for service |
| 37-08-05 |
Pay and allowances of reservists on active duty |
Chapter 37-09 - Military Courts
| Section |
Section Name |
| 37-09-01 |
Military courts |
| 37-09-02 |
Powers and procedure of military courts |
| 37-09-03 |
Court of inquiry ‑ How constituted ‑ Duties |
| 37-09-04 |
General courts‑martial ‑ Convening ‑ Powers |
| 37-09-05 |
Special courts‑martial ‑ Appointment ‑ Jurisdiction ‑ Punishment |
| 37-09-06 |
Summary courts‑martial ‑ Appointment ‑ Powers ‑ Proceedings |
| 37-09-07 |
Accused may be admitted to bond |
| 37-09-08 |
Commitment to prison or jail pending trial ‑ Bail allowed |
| 37-09-09 |
Powers of president of court‑martial and summary court officer |
| 37-09-10 |
Fines collected remitted to state treasurer ‑ Credited to general fund of national guard |
| 37-09-11 |
Courts‑martial sentencing to confinement in lieu of fines ‑ Limitations |
| 37-09-12 |
Sentence imposing confinement ‑ Execution |
| 37-09-13 |
Limitations on peacetime sentence of court‑martial ‑ Alternatives in complying with sentence |
| 37-09-14 |
Sentence of court‑martial to be approved |
| 37-09-15 |
Warrant may be issued by a president of a court‑martial and a summary court officer |
| 37-09-16 |
Process, writs, and warrants of military courts ‑ Form ‑ Directed to and executed by civil officers |
| 37-09-17 |
Keeper of municipal or county jails to receive persons committed by military court |
| 37-09-18 |
Witness and reporter fees |
| 37-09-19 |
Fees of civil officers ‑ Levy, disbursement, and record of costs |
| 37-09-20 |
Manner of paying witness fees and court costs |
| 37-09-21 |
Action for damages does not lie against member of military court or person complying with order thereof |
Chapter 37-10 - Armories
| Section |
Section Name |
| 37-10-01 |
Adjutant general to provide national guard facilities for units |
| 37-10-02 |
Board of armory supervisors ‑ Appointment ‑ Meetings |
| 37-10-03 |
Adjutant general to supervise national guard facilities |
| 37-10-03.1 |
Sale of portions of Fraine Barracks |
| 37-10-03.2 |
Exchange, sale, and lease of military lands |
| 37-10-03.3 |
Use of state funds in the construction of national guard facilities |
| 37-10-03.4 |
Contracting officer for construction of national guard facilities |
| 37-10-03.5 |
National guard facilities ‑ Maintenance and repair board |
| 37-10-03.6 |
Prequalification, selection, and contracting for consultants ‑ Solicitations |
| 37-10-04 |
Use of armories by other organizations ‑ Regulations governing |
| 37-10-05 |
Bidder's bond in lieu of certified check |
| 37-10-06 |
Transfer of motor storage buildings |
Chapter 37-11 - Pensions and Disability Allowances
| Section |
Section Name |
| 37-11-01 |
Members of militia and national guard and dependents may be given pension |
| 37-11-02 |
Compensation for disability or death |
| 37-11-03 |
Pension to widow and minor children of member of militia or national guard |
| 37-11-04 |
Amount of pensions and claims allowed |
| 37-11-05 |
Pension examiners and examining boards ‑ Appointment ‑ Powers and duties |
| 37-11-06 |
Striking pensioners from pension rolls and changing pension awarded |
| 37-11-07 |
Disability allowances and care provided |
| 37-11-08 |
Claims for disability allowances and care ‑ How considered ‑ Powers of board of inquiry |
| 37-11-09 |
Review of findings of board of inquiry on claim for disability allowances ‑ Payment of claim |
Chapter 37-12 - North Dakota State Guard [Repealed]
Chapter 37-12.1 - State Defense Force
| Section |
Section Name |
| 37-12.1-01 |
Plans for a state defense force |
| 37-12.1-02 |
Establishment of a state defense force |
| 37-12.1-03 |
Governor to adopt rules governing a state defense force |
| 37-12.1-04 |
Maintenance of a state defense force |
| 37-12.1-05 |
Laws governing a state defense force |
Chapter 37-13 - Veterans' Service Commissioner [Repealed]
Chapter 37-14 - Veterans' Relief and Rehabilitation
| Section |
Section Name |
| 37-14-01 |
Veterans' aid commission ‑ Appointment ‑ Qualifications ‑ Secretary |
| 37-14-01.1 |
Definition of veteran |
| 37-14-02 |
Term of members ‑ Removal |
| 37-14-03 |
Veterans' aid fund |
| 37-14-03.1 |
Additional appropriation for 1945 |
| 37-14-03.2 |
Additional appropriation for 1947 |
| 37-14-03.3 |
Revolving fund |
| 37-14-03.4 |
Interest and income from postwar rehabilitation fund to become part of aid fund |
| 37-14-03.5 |
Interest and income from postwar rehabilitation fund to become part of revolving fund |
| 37-14-04 |
Veterans' aid fund ‑ Purpose |
| 37-14-05 |
Application for aid |
| 37-14-06 |
Department may provide aid |
| 37-14-07 |
Repayment to be made to aid fund |
| 37-14-08 |
How payments are made |
| 37-14-09 |
Records ‑ Biennial report |
| 37-14-10 |
Committee may adopt rules |
| 37-14-11 |
Payment of expenses ‑ Limitation |
| 37-14-12 |
Decision of department appealable |
| 37-14-13 |
Commissioners' compensation ‑ Executive secretary |
| 37-14-14 |
Veterans' postwar trust fund |
| 37-14-15 |
Rehabilitation fund expended as directed by legislative assembly |
| 37-14-16 |
Appropriation |
| 37-14-16.1 |
1945 appropriation |
| 37-14-16.2 |
1947 appropriation |
| 37-14-17 |
Investment of rehabilitation fund |
| 37-14-18 |
County veterans' service officer ‑ Appointment ‑ Duties |
| 37-14-19 |
Salary and expenses of county veterans' service officer |
Chapter 37-15 - Veterans' Home
| Section |
Section Name |
| 37-15-00.1 |
Domiciliary care defined |
| 37-15-01 |
Veterans' home ‑ Where maintained |
| 37-15-02 |
Object of veterans' home |
| 37-15-03 |
Government of veterans' home |
| 37-15-04 |
Oath and bond of trustees ‑ Regulations governing |
| 37-15-05 |
Meetings of board of trustees ‑ Selection of chairman and treasurer ‑ General powers |
| 37-15-06 |
Compensation of members of board of trustees of the soldiers' home |
| 37-15-07 |
Administrator of veterans' home ‑ Appointment ‑ Qualifications |
| 37-15-08 |
Subordinate officers ‑ Appointment ‑ Preference to veterans ‑ Compensation ‑ Removal |
| 37-15-09 |
Majority of board of trustees to approve contracts ‑ Proceedings of board to be recorded ‑ Inspection of books |
| 37-15-10 |
Admittance to veterans' home ‑ Requirements governing |
| 37-15-10.1 |
Priorities for admission to veterans' home |
| 37-15-11 |
Lands granted for support of veterans' home and proceeds therefrom |
| 37-15-12 |
Federal aid accepted for veterans' home |
| 37-15-13 |
Treasurer to receive and deposit federal aid money |
| 37-15-14 |
Veterans' home operating fund ‑ Moneys for the maintenance of the veterans' home to be deposited with state treasurer |
| 37-15-14.1 |
Fees for residents of veterans' home ‑ Special fund |
| 37-15-15 |
Disbursement of moneys from veterans' home operating fund |
| 37-15-16 |
Administrator shall take charge of unclaimed estates of small value |
| 37-15-17 |
Intestate members leaving estates valued in excess of three thousand dollars ‑ Administrator to administer estate |
| 37-15-18 |
Administrator of estate ‑ Bond not required ‑ Fees ‑ Allowance of fees by district court |
| 37-15-19 |
Biennial report |
| 37-15-20 |
Advertisement for bids on coal and supplies |
| 37-15-21 |
Administrator may accept gifts, donations, or bequests |
| 37-15-22 |
Telephone services |
| 37-15-23 |
Melvin Norgard memorial fund - Creation |
| 37-15-24 |
Meals provided to employees of the veterans' home |
Chapter 37-16 - Records of Deceased Soldiers, Sailors, and Marines [Repealed]
Chapter 37-17 - Civil Defense [Repealed]
Chapter 37-17.1 - Emergency Services
| Section |
Section Name |
| 37-17.1-01 |
Short title |
| 37-17.1-02 |
Purposes |
| 37-17.1-02.1 |
Department of emergency services |
| 37-17.1-02.2 |
Advisory committee to department of emergency services |
| 37-17.1-02.3 |
Criminal history record checks |
| 37-17.1-03 |
Limitations |
| 37-17.1-04 |
Definitions |
| 37-17.1-05 |
The governor and disasters or emergencies ‑ Penalty |
| 37-17.1-06 |
State division of homeland security and emergency management |
| 37-17.1-07 |
Local or multicounty emergency management organizations |
| 37-17.1-07.1 |
Hazardous chemicals preparedness and response program |
| 37-17.1-08 |
Establishment of interjurisdictional disaster planning and service areas |
| 37-17.1-09 |
Authority to utilize existing services and facilities |
| 37-17.1-10 |
Local disasters, mandatory evacuations, or emergencies |
| 37-17.1-10.1 |
Burn restrictions ‑ Penalty |
| 37-17.1-11 |
Disaster or emergency mitigation |
| 37-17.1-12 |
Compensation ‑ Entitlement ‑ Time ‑ Amount |
| 37-17.1-13 |
Communications |
| 37-17.1-14 |
Mutual aid |
| 37-17.1-14.1 |
Mutual aid ‑ Cooperation |
| 37-17.1-14.2 |
Interstate mutual aid agreements |
| 37-17.1-14.3 |
Authority to join interstate mutual aid agreements ‑ Interstate compacts |
| 37-17.1-14.4 |
Text of the mutual aid agreement or compact |
| 37-17.1-14.5 |
Text of the mutual aid agreement or compact |
| 37-17.1-14.6 |
Northern emergency management assistance compact |
| 37-17.1-15 |
Weather modification |
| 37-17.1-16 |
Immunity and exemption |
| 37-17.1-17 |
No private liability |
| 37-17.1-18 |
Appropriations and authority to accept services, gifts, grants, and loans |
| 37-17.1-18.1 |
Crisis relocation plans ‑ Public expenditures prohibited |
| 37-17.1-19 |
Temporary housing for disaster victims and site acquisition and preparation |
| 37-17.1-20 |
Community disaster loans |
| 37-17.1-21 |
Debris and wreckage removal in disasters or emergencies |
| 37-17.1-22 |
Disaster or emergency response and recovery costs |
| 37-17.1-23 |
Disaster or emergency recovery funding ‑ Loan authorization |
| 37-17.1-24 |
Definitions |
| 37-17.1-25 |
Intrastate mutual aid |
| 37-17.1-26 |
Intrastate mutual aid agreements |
| 37-17.1-27 |
State disaster relief fund ‑ Creation ‑ Uses |
| 37-17.1-28 |
Wide area search and rescue activities ‑ Powers and duties of local officials ‑ Costs |
| 37-17.1-29 |
Firearms in emergencies |
| 37-17.1-30 |
Hazard mitigation revolving loan fund ‑ Purposes ‑ Establishment ‑ Continuing appropriation |
| 37-17.1-31 |
Hazard mitigation revolving loan fund ‑ Department ‑ Powers and duties ‑ Administration |
| 37-17.1-32 |
Hazard mitigation revolving loan fund ‑ Loan authorization |
Chapter 37-17.2 - National Guard Counter-Drug Activities Compact
| Section |
Section Name |
| 37-17.2-01 |
Ratification of compact |
| 37-17.2-02 |
Authorization to implement compact |
Chapter 37-17.3 - State Radio Broadcasting System
| Section |
Section Name |
| 37-17.3-01 |
Definitions |
| 37-17.3-02 |
Statewide interoperable radio network |
| 37-17.3-02.1 |
Legislative declaration - Statewide integrated radio communication system service |
| 37-17.3-02.2 |
North Dakota statewide interoperability executive committee |
| 37-17.3-03 |
Receiving and transmitting sets ‑ State cost‑share |
| 37-17.3-04 |
Broadcasting dispatches ‑ Reports required |
| 37-17.3-05 |
Emergency service for certain messages |
| 37-17.3-06 |
Official use of radio equipment on private automobiles prohibited without permit |
| 37-17.3-07 |
Maintenance of radio system ‑ Personnel, equipment, and expense |
| 37-17.3-08 |
State emergency communications center system and service fees |
| 37-17.3-09 |
Public safety answering point service and fees |
| 37-17.3-10 |
Lost or missing individuals |
| 37-17.3-11 |
Statewide seamless base map fees ‑ Continuing appropriation |
| 37-17.3-12 |
Statewide interoperable radio network fund |
Chapter 37-17.4 - Uniform Emergency Volunteer Health Practitioners Act
| Section |
Section Name |
| 37-17.4-01 |
Definitions |
| 37-17.4-02 |
Applicability to volunteer health practitioners |
| 37-17.4-03 |
Regulation of services during emergencies |
| 37-17.4-04 |
Volunteer health practitioner registration systems |
| 37-17.4-05 |
Recognition of volunteer health practitioners licensed in other states |
| 37-17.4-06 |
No effect on credentialing and privileging |
| 37-17.4-07 |
Provision of volunteer health or veterinary services ‑ Administrative sanctions |
| 37-17.4-08 |
Relation to other laws |
| 37-17.4-09 |
Regulatory authority |
| 37-17.4-10 |
Limitations on civil liability for volunteer health practitioners |
| 37-17.4-11 |
Workers' compensation coverage |
Chapter 37-17.5 - Disaster or Emergency Remediation Work
| Section |
Section Name |
| 37-17.5-01 |
Definitions |
| 37-17.5-02 |
Business and employee status during and after disaster response period |
| 37-17.5-03 |
Notification by out‑of‑state business during and after disaster response period |
Chapter 37-18 - Department of Veterans' Affairs
| Section |
Section Name |
| 37-18-01 |
Department established ‑ Commissioner |
| 37-18-02 |
Qualifications and appointment of commissioner |
| 37-18-03 |
Advisory committee |
| 37-18-04 |
Duties of commissioner |
| 37-18-05 |
Seal of commissioner ‑ Power to administer oaths and make certifications |
| 37-18-06 |
Establishment of divisions ‑ Assistants |
| 37-18-07 |
Commissioner ‑ Appointment ‑ Qualifications ‑ Term ‑ Salary |
| 37-18-08 |
Office of commissioner ‑ Where located |
| 37-18-09 |
Department a continuation of veterans' service commissioner |
| 37-18-10 |
Unexpended funds transferred |
| 37-18-11 |
Release of information and records ‑ Confidential nature |
| 37-18-12 |
Funding authority ‑ Continuing appropriation |
| 37-18-13 |
Records |
| 37-18-14 |
Department of veterans' affairs employees ‑ Conservatorship activities prohibited |
| 37-18-15 |
Commemorative memorial coin ‑ Eligibility |
| 37-18-16 |
Veterans' service organization reimbursement |
| 37-18-17 |
Burial medallion program |
Chapter 37-18.1 - Administrative Committee on Veterans' Affairs
| Section |
Section Name |
| 37-18.1-01 |
Administrative committee on veterans' affairs ‑ Membership ‑ Appointment |
| 37-18.1-02 |
Chairman ‑ Secretary ‑ Duties ‑ Terms ‑ Meetings |
| 37-18.1-03 |
Powers and duties of committee ‑ Creation of subcommittee and governing board |
| 37-18.1-04 |
Committee members not to receive compensation ‑ Expenses permitted |
Chapter 37-19 - Veterans' Employment Preference [Repealed]
Chapter 37-19.1 - Veterans' Preferences
| Section |
Section Name |
| 37-19.1-01 |
Definitions |
| 37-19.1-02 |
Public employment preference to veterans ‑ Residency requirements |
| 37-19.1-03 |
Preferences to be granted veterans' spouses |
| 37-19.1-04 |
Refusal to give preference ‑ Retaliatory action or removal ‑ Remedies ‑ Procedures |
| 37-19.1-05 |
Private employment veterans' preference |
Chapter 37-20 - Scholarships to Veterans' Children [Repealed]
Chapter 37-21 - Veterans' Adjusted Compensation (World War II Bonus) [Omitted]
Chapter 37-22 - Veterans' Housing [Repealed]
Chapter 37-23 - Korean Conflict Veterans' Adjusted Compensation [Omitted]
Chapter 37-24 - Educational Assistance for Veterans [Repealed]
Chapter 37-25 - Vietnam Conflict Veterans' Adjusted Compensation [Repealed]
Chapter 37-26 - Operation Desert Shield and Desert Storm Veterans' Compensation
| Section |
Section Name |
| 37-26-01 |
Definitions |
| 37-26-02 |
Payment of adjusted compensation for domestic and foreign service |
| 37-26-03 |
Payment to beneficiary of veteran who died in active service |
| 37-26-04 |
Application |
| 37-26-05 |
Method of payment ‑ Deduction of sums due veterans' aid fund |
| 37-26-06 |
Payments exempt from taxation and from execution ‑ Assignments void ‑ Debts to state and political subdivisions not deducted |
| 37-26-07 |
Duty of adjutant general ‑ Finality of decisions ‑ Questions of residence subject to court review |
| 37-26-08 |
Penalty for false statement |
Chapter 37-27 - War and Armed Conflict Veterans' Compensation
| Section |
Section Name |
| 37-27-01 |
Definitions |
| 37-27-02 |
Payment of adjusted compensation for service |
| 37-27-03 |
Payment to beneficiary of veteran who died in active service |
| 37-27-04 |
Application |
| 37-27-05 |
Method of payment ‑ Deduction of sums due veterans' aid fund |
| 37-27-06 |
Payments exempt from taxation and from execution ‑ Assignments void ‑ Debts to state and political subdivisions not deducted |
| 37-27-07 |
Duty of adjutant general ‑ Finality of decisions ‑ Questions of residence subject to court review |
| 37-27-08 |
Penalty for false statement |
Chapter 37-28 - Military Operations Adjusted Compensation
| Section |
Section Name |
| 37-28-01 |
Statement of public purpose |
| 37-28-02 |
Definitions |
| 37-28-03 |
Payment of adjusted compensation for domestic and foreign service |
| 37-28-04 |
Payment to beneficiary of veteran who died in active service |
| 37-28-05 |
Application |
| 37-28-06 |
Method of payment ‑ Deduction of sums due veterans' aid fund |
| 37-28-07 |
Payments exempt from taxation and from execution ‑ Assignments void ‑ Debts to state and political subdivisions not deducted |
| 37-28-08 |
Duty of adjutant general ‑ Finality of decisions ‑ Questions of residence subject to court review |
| 37-28-09 |
Penalty for false statement |
Chapter 37-29 - Volunteer Emergency Responder Job Protection
| Section |
Section Name |
| 37-29-01 |
Definitions |
| 37-29-02 |
Discrimination prohibited in hiring practices ‑ Civil actions |
| 37-29-03 |
Discrimination prohibited in employment practices ‑ Limitations ‑ Verification ‑ Civil actions |
| 37-29-04 |
Exceptions |
Chapter 37-30 - Military Impact Zones and Compatibility Committees
Title 38 - Mining and Gas and Oil Production
Chapter 38-01 - General Provisions
| Section |
Section Name |
| 38-01-01 |
Definitions |
| 38-01-02 |
Weighmen and check weighmen ‑ Oath or affirmation ‑ Violation of provisions governing ‑ Prosecution |
| 38-01-03 |
Use of fraudulent means in weighing output of coal prohibited |
| 38-01-04 |
Limitation on hours of labor per day ‑ Exceptions |
| 38-01-05 |
Penalty for employing minors under eighteen years of age in mining industry |
| 38-01-06 |
Road over mine may be acquired by condemnation proceedings |
| 38-01-07 |
Damages for condemnation of road over mine ‑ Undertaking in lieu of damages ‑ Conditions of undertaking |
| 38-01-07.1 |
Road may be closed for surface coal mining operations |
| 38-01-07.2 |
Notice required |
| 38-01-08 |
Penalties for violation of provisions of title relating to coal mines |
| 38-01-09 |
Owner or operator of lignite mine not to discriminate against certain persons ‑ Penalty |
| 38-01-10 |
Exploration organizations ‑ Agent ‑ Service of process |
Chapter 38-02 - Lode and Mining Claims
| Section |
Section Name |
| 38-02-01 |
Length of lode claim ‑ Limitations |
| 38-02-02 |
Width of lode claims ‑ Extension ‑ Reduction |
| 38-02-03 |
Discoverer of lode to file location certificate ‑ Contents of certificate |
| 38-02-04 |
Duty of discoverer of lode before filing certificate of location |
| 38-02-05 |
Tunnel, opencuts, crosscuts, adits, or drilling equivalent to discovery shaft |
| 38-02-06 |
Discovery shaft to be sunk on lode within sixty days |
| 38-02-07 |
Surface boundaries of lode ‑ How marked |
| 38-02-08 |
What location in location certificate construed to contain |
| 38-02-09 |
Location claim not extended beyond the exterior line |
| 38-02-10 |
Owner or occupant of surface may demand security from miner |
| 38-02-11 |
Additional certificate to correct or extend boundaries may be filed by locator or assigns ‑ Limitations |
| 38-02-12 |
Amount of work to be done annually to hold possession of claim |
| 38-02-13 |
Abandoned lode claims ‑ Regulations governing relocation |
| 38-02-14 |
Certificate containing more than one location is void ‑ Exception |
| 38-02-15 |
Actions relating to disputed mining property ‑ Surveys ordered ‑ Regulations governing |
| 38-02-16 |
Writs of injunction for restitution of property issued by district courts ‑ Circumstances ‑ Effect |
| 38-02-17 |
Conspiracies and mobs against mines ‑ Penalty |
| 38-02-18 |
Trial against conspiracies or mobs taking mining property ‑ Proof required |
Chapter 38-03 - State Coal Mine Inspector [Repealed]
Chapter 38-04 - Licensing Coal Mines [Repealed]
Chapter 38-05 - Mine Foreman Examination and Qualifications [Repealed]
Chapter 38-06 - Health and Safety in Mines [Repealed]
Chapter 38-07 - Surveys or Maps of Mines [Repealed]
Chapter 38-08 - Control of Gas and Oil Resources
| Section |
Section Name |
| 38-08-01 |
Declaration of policy |
| 38-08-02 |
Definitions |
| 38-08-03 |
Waste prohibited |
| 38-08-04 |
Jurisdiction of commission |
| 38-08-04.1 |
Commission may employ examiners |
| 38-08-04.2 |
Director of mineral resources ‑ Director of oil and gas ‑ Delegation to director of oil and gas |
| 38-08-04.3 |
State geologist to assist commission |
| 38-08-04.4 |
Commission authorized to enter into contracts |
| 38-08-04.5 |
Abandoned oil and gas well plugging and site reclamation fund ‑ Continuing appropriation ‑ Budget section report |
| 38-08-04.6 |
Oil and gas reservoir data fund ‑ Appropriation |
| 38-08-04.7 |
Right of entry |
| 38-08-04.8 |
Recovery for costs of plugging and reclamation |
| 38-08-04.9 |
Confiscation of equipment and salable oil to cover plugging and reclamation costs |
| 38-08-04.10 |
Penalties and other relief |
| 38-08-04.11 |
Cash bond fund for plugging oil and gas wells and reclamation of oil and gas well sites ‑ Appropriation |
| 38-08-04.12 |
Reclamation of land disturbed by oil and gas activity |
| 38-08-05 |
Drilling permit required |
| 38-08-06 |
Commission shall determine market demand and regulate the amount of production |
| 38-08-06.1 |
Natural gas well status determinations and findings |
| 38-08-06.2 |
Discrimination in the processing and purchasing of gas prohibited |
| 38-08-06.3 |
Information statement to accompany payment to royalty owner ‑ Penalty |
| 38-08-06.4 |
Flaring of gas restricted ‑ Imposition of tax ‑ Payment of royalties ‑ Industrial commission authority |
| 38-08-07 |
Commission shall set spacing units |
| 38-08-08 |
Integration of fractional tracts |
| 38-08-09 |
Voluntary agreements for unit operation valid |
| 38-08-09.1 |
Legislative finding |
| 38-08-09.2 |
Power and authority of commission |
| 38-08-09.3 |
Matters to be found by commission ‑ Requisites of petition |
| 38-08-09.4 |
Order ‑ Units and unit areas ‑ Plan of unitization |
| 38-08-09.5 |
Ratification or approval of plan by lessees and owners |
| 38-08-09.6 |
Unlawful operation |
| 38-08-09.7 |
Status and powers of unit ‑ Liability for expenses ‑ Liens |
| 38-08-09.8 |
Modification of property rights, leases, and contracts ‑ Title to property ‑ Distribution of proceeds ‑ Effect of operations |
| 38-08-09.9 |
Enlargement of area ‑ Creation of new units ‑ Amendment of plan |
| 38-08-09.10 |
Reasonableness of plan |
| 38-08-09.11 |
Participating by public lands |
| 38-08-09.12 |
Receipts as income |
| 38-08-09.13 |
Definitions |
| 38-08-09.14 |
Severability of provisions |
| 38-08-09.15 |
Agreement not violative of laws governing monopolies or restraint of trade |
| 38-08-09.16 |
Appeals |
| 38-08-09.17 |
Unit of more than one pool ‑ Unit source of supply |
| 38-08-10 |
Development and operating costs of integrated fractional tracts |
| 38-08-11 |
Rules covering practice before commission |
| 38-08-12 |
Commission has power to summon witnesses, administer oaths, and to require production of records |
| 38-08-13 |
Party adversely affected may apply for reconsideration |
| 38-08-14 |
Party adversely affected may appeal to district court |
| 38-08-15 |
Acquisition and handling illegal oil and gas prohibited ‑ Seizure of illegal oil and gas and sale thereof |
| 38-08-16 |
Civil and criminal penalties |
| 38-08-17 |
Action to restrain violation or threatened violation |
| 38-08-18 |
Existing regulations still in force |
| 38-08-19 |
Common purchasers ‑ Discrimination in purchasing prohibited |
| 38-08-20 |
Commingling of production ‑ Central production facility ‑ Metering of production ‑ Testing of meters |
| 38-08-20.1 |
Testing upon request of a royalty owner |
| 38-08-21 |
Regulation of carbon dioxide and nitrogen gas |
| 38-08-22 |
Regulation of welders by oil and gas division of industrial commission ‑ Continuing appropriation |
| 38-08-23 |
Plats |
| 38-08-24 |
Carbon sequestration and storage projects ‑ Priority |
| 38-08-25 |
Hydraulic fracturing ‑ Use of carbon dioxide ‑ Designated as acceptable recovery processes |
| 38-08-26 |
Submission of geographic information system data on oil and gas underground gathering pipelines required |
| 38-08-27 |
Controls, inspections, and engineering design on crude oil and produced water underground gathering pipelines |
Chapter 38-08.1 - Geophysical Exploration Requirements
| Section |
Section Name |
| 38-08.1-01 |
Definitions |
| 38-08.1-02 |
Enforcement by commission ‑ Persons required to comply with chapter |
| 38-08.1-03 |
Deemed doing business within state ‑ Resident agent |
| 38-08.1-03.1 |
Surety bond ‑ Certificate ‑ Release |
| 38-08.1-04 |
Application for permit to engage in geophysical exploration |
| 38-08.1-04.1 |
Exploration permit |
| 38-08.1-04.2 |
Notification of issuance of permit ‑ Revocation ‑ Suspension |
| 38-08.1-05 |
Duty to file record showing where work performed |
| 38-08.1-06 |
Duty to plug drill holes |
| 38-08.1-06.1 |
Plugging requirements ‑ Rules ‑ Liability for damage |
| 38-08.1-07 |
Civil and criminal penalties |
| 38-08.1-08 |
Commission to adopt rules |
Chapter 38-09 - Exploration and Production on Publicly Owned Lands
| Section |
Section Name |
| 38-09-01 |
Interest in oil, gas, and mineral rights to be reserved on transfer of state lands |
| 38-09-01.1 |
State lands may be conveyed to United States free of reservations |
| 38-09-01.2 |
Reservations may be released to United States |
| 38-09-01.3 |
Sale of state lands to former owner, spouse, or lineal descendants free of reservations |
| 38-09-01.4 |
Release of reservations in case of prior sale |
| 38-09-01.5 |
Instrument evidencing release to be furnished ‑ Fees |
| 38-09-01.6 |
State may continue to lease reserved minerals ‑ Assignment of unexpired leases upon release |
| 38-09-02 |
Township, city, school district, or park district may lease land for oil and gas development |
| 38-09-03 |
Provisions may be inserted in lease for consolidation of adjoining lands ‑ Royalty ‑ How shared |
| 38-09-04 |
Leases and occupancy not to interfere with use of land by subdivision ‑ Drilling wells ‑ Limitation |
| 38-09-05 |
Board of county commissioners may adopt oil and gas leases on lands subject to delinquent taxes |
| 38-09-06 |
Oil and gas leases adopted by resolution of board of county commissioners ‑ Addition of new provisions to leases |
| 38-09-07 |
Certified copies of resolutions adopting oil or gas leases may be recorded ‑ Constructive notice |
| 38-09-08 |
Land forfeited to county ‑ Lease binding upon county and lessee |
| 38-09-09 |
Payment of bonuses, rents, royalties on lands subject to taxes ‑ Crediting amount paid to county |
| 38-09-10 |
Payment of bonuses, rents, and royalties after termination of county's interest in lands |
| 38-09-11 |
Board of county commissioners may demise or let lands for drilling or mining purposes |
| 38-09-12 |
County may not engage in mining or oil business |
| 38-09-13 |
Disposition of moneys collected by counties and political subdivisions on mining, oil, and gas leases |
| 38-09-14 |
Public lands ‑ Leasing for exploration and for production of oil and gas ‑ Method |
| 38-09-15 |
Public offering of leases ‑ State |
| 38-09-15.1 |
Sale of private mineral interests at public offerings for state mineral leases |
| 38-09-16 |
Public offering of leases ‑ Counties and political subdivisions |
| 38-09-17 |
Bidding or offers |
| 38-09-18 |
Terms of lease ‑ Unit operation |
| 38-09-19 |
Lease void if not let as provided herein ‑ Exceptions |
| 38-09-20 |
Rules and regulations |
| 38-09-21 |
Approval of oil and gas leases |
Chapter 38-10 - Sales and Leases by Personal Representatives
| Section |
Section Name |
| 38-10-01 |
Definitions |
| 38-10-02 |
Personal representative may lease for production or sell mineral or oil rights in lands of estate |
| 38-10-03 |
Term of lease for production ‑ Conditions and limitations in lease |
| 38-10-04 |
Lease for production made by personal representative to be approved by county court ‑ Notice ‑ Recording |
| 38-10-05 |
Personal representative may sell mineral, oil, and gas rights separately from surface rights |
| 38-10-06 |
Petition required to obtain order of license ‑ Contents of petition ‑ Citation issued on petition |
| 38-10-07 |
Objections to petition for confirmation of lease or for order of license to sell |
| 38-10-08 |
Order of license to sell oil, gas, or mineral rights and procedure thereafter |
| 38-10-09 |
Sales of oil, gas, or mineral rights made subject to existing lease |
| 38-10-10 |
Conveyance of oil, gas, or mineral rights to include right of ingress and egress |
| 38-10-11 |
Property directed by will to be disposed of ‑ Duty of executor |
| 38-10-12 |
Appointment of trustee to execute mineral lease if contingent future interests are involved |
| 38-10-13 |
Who may institute proceedings |
| 38-10-14 |
Disposition of income and royalties |
Chapter 38-11 - Lease of Minerals on Public Lands
| Section |
Section Name |
| 38-11-01 |
Definitions |
| 38-11-02 |
Leases of certain mineral rights in state lands |
| 38-11-02.1 |
Board of university and school lands to oversee all mineral leasing |
| 38-11-02.2 |
Authority of the board |
| 38-11-02.3 |
Authority of other agencies |
| 38-11-02.4 |
Agencies may contract with board |
| 38-11-03 |
Terms of lease ‑ Ratification ‑ Restoration of land |
| 38-11-04 |
Offering of mineral leases to be public |
| 38-11-05 |
Bidding or offers |
| 38-11-06 |
Leasing of islands and beds of navigable rivers and lakes |
| 38-11-07 |
Royalty scale |
| 38-11-08 |
Other royalty provisions |
| 38-11-09 |
Rejection of bids |
| 38-11-10 |
Rules and regulations |
Chapter 38-11.1 - Oil and Gas Production Damage Compensation
Chapter 38-11.2 - Subsurface Exploration Damages
| Section |
Section Name |
| 38-11.2-01 |
Definitions |
| 38-11.2-02 |
Inspection of well site |
| 38-11.2-03 |
Notice of drilling operations |
| 38-11.2-04 |
Damage and disruption payments ‑ Statute of limitations |
| 38-11.2-05 |
Agreement ‑ Offer of settlement |
| 38-11.2-06 |
Rejection ‑ Legal action ‑ Fees and costs |
| 38-11.2-07 |
Protection of surface and ground water ‑ Other responsibilities of mineral developer |
| 38-11.2-08 |
Application of chapter |
Chapter 38-12 - Regulation, Development, and Production of Subsurface Minerals
| Section |
Section Name |
| 38-12-01 |
Definitions (Retroactive application ‑ See note) |
| 38-12-02 |
Jurisdiction of commission |
| 38-12-03 |
Permit required |
| 38-12-04 |
Procedure |
| 38-12-05 |
Penalty ‑ Injunction ‑ Provisions applicable |
| 38-12-06 |
Declaration of policy for critical minerals and rare earth minerals (Retroactive application ‑ See note) |
Chapter 38-12.1 - Exploration Data
| Section |
Section Name |
| 38-12.1-01 |
Legislative findings |
| 38-12.1-02 |
Declaration of policy |
| 38-12.1-03 |
Definitions |
| 38-12.1-04 |
Jurisdiction of commission |
| 38-12.1-05 |
Notice and drilling permit required ‑ Exceptions ‑ Limits on coal or commercial leonardite removal |
| 38-12.1-06 |
Procedure |
| 38-12.1-07 |
Action to restrain violation or threatened violation |
| 38-12.1-08 |
Civil and criminal penalties ‑ Unclassified |
Chapter 38-13 - Oil and Gas Instruments - Interests of Absent Persons [Repealed]
Chapter 38-13.1 - Trusts for Unlocatable Mineral Owners
| Section |
Section Name |
| 38-13.1-01 |
Trusts for unlocatable mineral, leasehold, or royalty interest owners ‑ Creation |
| 38-13.1-02 |
No further liability for petitioner |
| 38-13.1-03 |
Administration of trust |
| 38-13.1-04 |
Filing of addresses ‑ Fee |
Chapter 38-14 - Reclamation of Surface-Mined Lands [Repealed]
Chapter 38-14.1 - Surface Mining and Reclamation Operations
| Section |
Section Name |
| 38-14.1-01 |
Declaration of findings and intent |
| 38-14.1-02 |
Definitions |
| 38-14.1-03 |
Powers and duties of the commission |
| 38-14.1-04 |
Powers and duties of the commission relative to designation of lands unsuitable for surface coal mining operations |
| 38-14.1-04.1 |
Reclamation research advisory committee |
| 38-14.1-04.2 |
Advisory committee responsibilities |
| 38-14.1-04.3 |
Reclamation research objectives |
| 38-14.1-05 |
Areas unsuitable for all or certain surface coal mining operations |
| 38-14.1-06 |
Right to petition ‑ Notice and hearing ‑ Right to intervene |
| 38-14.1-07 |
Mining is prohibited |
| 38-14.1-08 |
Mineral exploration not prohibited |
| 38-14.1-09 |
Unsuitable lands ‑ Savings provision |
| 38-14.1-10 |
Necessity of permit ‑ Exception |
| 38-14.1-11 |
Reapplication for permit under approved state program |
| 38-14.1-12 |
Permits ‑ Term ‑ Termination |
| 38-14.1-13 |
Permit applications ‑ General requirements |
| 38-14.1-14 |
Permit applications ‑ Mining and reclamation plans |
| 38-14.1-15 |
Permit applications ‑ Extended mining plan |
| 38-14.1-16 |
Performance bond ‑ Amount ‑ Sufficiency of surety ‑ Amount of forfeiture |
| 38-14.1-17 |
Release of performance bond ‑ Schedule ‑ Notification ‑ Public hearing |
| 38-14.1-18 |
Permit application procedures ‑ Notice requirements |
| 38-14.1-19 |
Informal conference procedures |
| 38-14.1-20 |
Ruling on permit application ‑ Timing and content |
| 38-14.1-21 |
Permit approval or denial standards |
| 38-14.1-22 |
Permit renewal |
| 38-14.1-23 |
Permit revision |
| 38-14.1-24 |
Environmental protection performance standards |
| 38-14.1-25 |
Prohibited mining practices |
| 38-14.1-26 |
Interference with commission employees |
| 38-14.1-27 |
Inspections and monitoring |
| 38-14.1-28 |
Enforcement procedures |
| 38-14.1-29 |
Procedures for imposing civil penalties |
| 38-14.1-30 |
Administrative review of commission rulings ‑ Formal hearings |
| 38-14.1-31 |
Civil action for injunctive relief |
| 38-14.1-32 |
Penalties ‑ Unclassified |
| 38-14.1-33 |
Permit revocation ‑ Bond forfeiture |
| 38-14.1-34 |
Administrative review of regulations |
| 38-14.1-35 |
Judicial review |
| 38-14.1-36 |
Assessment of costs ‑ Attorney's fees |
| 38-14.1-37 |
Small operators |
| 38-14.1-38 |
Conflict of interest |
| 38-14.1-39 |
Forfeitures ‑ Surface mining and reclamation fund ‑ Continuing appropriation |
| 38-14.1-40 |
Citizen suits |
| 38-14.1-41 |
Chapter 28‑32 to apply to this chapter ‑ Regulations |
| 38-14.1-42 |
Cooperation with federal and state agencies |
Chapter 38-14.2 - Abandoned Surface Mine Reclamation
Chapter 38-14.3 - Surface Mining and Reclamation Bond Fund
Chapter 38-15 - Resolution of Conflicts in Subsurface Mineral Production
Chapter 38-16 - Surface Mining Reports
| Section |
Section Name |
| 38-16-01 |
Definitions |
| 38-16-01.1 |
Gravel and sand surface mining operations ‑ Reclamation ‑ Civil action ‑ Penalty |
| 38-16-02 |
Surface mining operation ‑ Report to committee required |
| 38-16-03 |
Annual report to committee ‑ When filed ‑ Contents |
| 38-16-04 |
Powers of the committee |
| 38-16-05 |
Committee to transmit annual report to local soil conservation districts |
| 38-16-06 |
Surface mining operations exempt from reporting requirements |
Chapter 38-17 - Coal Leasing Practices Act
Chapter 38-18 - Surface Owner Protection Act
| Section |
Section Name |
| 38-18-01 |
Short title |
| 38-18-02 |
Legislative findings |
| 38-18-03 |
Purpose and interpretation |
| 38-18-04 |
Applicability |
| 38-18-05 |
Definitions |
| 38-18-06 |
Written notice and consent required before permit to surface mine land may be issued |
| 38-18-07 |
Surface damage and disruption payments |
| 38-18-08 |
Financial obligation to reclaim |
Chapter 38-18.1 - Termination of Mineral Interest
Chapter 38-18.2 - Tenneco Plant Compact [Repealed]
Chapter 38-19 - Geothermal Resource Development Regulation
| Section |
Section Name |
| 38-19-01 |
Declaration of policy |
| 38-19-02 |
Definitions |
| 38-19-03 |
Jurisdiction of the commission |
| 38-19-04 |
Permit and report required |
| 38-19-05 |
Commission may employ examiners |
| 38-19-06 |
Action to restrain violation or threatened violation |
| 38-19-07 |
Penalties |
| 38-19-08 |
Administrative procedure and judicial review |
| 38-19-09 |
Disposition of unusable products |
Chapter 38-20 - Interstate Mining Compact
| Section |
Section Name |
| 38-20-01 |
Interstate mining compact |
| 38-20-02 |
Filing bylaws and amendments |
Chapter 38-21 - Exploration Fund
| Section |
Section Name |
| 38-21-01 |
Geophysical, geothermal, subsurface minerals, and coal exploration fund |
| 38-21-02 |
Fund uses |
| 38-21-03 |
Continuing appropriation ‑ Cap |
Chapter 38-22 - Carbon Dioxide Underground Storage
| Section |
Section Name |
| 38-22-01 |
Policy |
| 38-22-02 |
Definitions |
| 38-22-03 |
Commission authority |
| 38-22-04 |
Permit required ‑ Permit transfer |
| 38-22-05 |
Permit applications, fees, costs, and priorities ‑ Carbon dioxide storage facility administrative fund |
| 38-22-06 |
Permit hearing ‑ Hearing notice |
| 38-22-07 |
Permit consultation |
| 38-22-08 |
Permit requirements |
| 38-22-09 |
Permit provisions |
| 38-22-10 |
Amalgamating property interests |
| 38-22-11 |
Certificate |
| 38-22-12 |
Environmental protection ‑ Reservoir integrity |
| 38-22-13 |
Preservation of rights |
| 38-22-14 |
Fees ‑ Carbon dioxide storage facility administrative fund ‑ Continuing appropriation |
| 38-22-15 |
Fees ‑ Carbon dioxide storage facility trust fund ‑ Continuing appropriation |
| 38-22-16 |
Title to carbon dioxide |
| 38-22-17 |
Certificate of project completion ‑ Release ‑ Transfer of title and custody |
| 38-22-18 |
Penalties |
| 38-22-19 |
Enhanced recovery projects |
| 38-22-20 |
Cooperative agreements and contracts |
| 38-22-21 |
Trusts, monopolies, restraint of trade |
| 38-22-22 |
Participation of public interests |
| 38-22-23 |
Determining storage amounts ‑ Carbon credits ‑ Fee |
Chapter 38-23 - High-Level Radioactive Waste
| Section |
Section Name |
| 38-23-01 |
General prohibition |
| 38-23-02 |
Definitions |
| 38-23-03 |
Jurisdiction of the commission and duties |
| 38-23-04 |
Permit required |
| 38-23-05 |
Procedure |
| 38-23-06 |
Penalty ‑ Injunction ‑ Applicable provisions |
| 38-23-07 |
High‑level radioactive waste fund ‑ Continuing appropriation |
| 38-23-08 |
High‑level radioactive waste advisory council ‑ Members, powers, and duties |
| 38-23-09 |
County zoning authority |
Chapter 38-24 - Underground Storage and Retrieval of Nonhydrocarbons
| Section |
Section Name |
| 38-24-01 |
Definitions |
| 38-24-02 |
Jurisdiction of the commission and duties |
| 38-24-03 |
Permit required |
| 38-24-04 |
Denial of permit ‑ Review |
| 38-24-05 |
Action to restrain violation or threatened violation |
| 38-24-06 |
Penalties |
| 38-24-07 |
Administrative procedure and judicial review |
Chapter 38-25 - Underground Storage of Oil and Gas
| Section |
Section Name |
| 38-25-01 |
Definitions |
| 38-25-02 |
Commission authority |
| 38-25-03 |
Permit required ‑ Permit transfer |
| 38-25-04 |
Permit hearing ‑ Hearing notice |
| 38-25-05 |
Permit requirements ‑ Storage in oil and gas reservoir |
| 38-25-06 |
Permit requirements ‑ Storage in saline reservoir or aquifer |
| 38-25-07 |
Permit requirements ‑ Storage in salt cavern |
| 38-25-08 |
Amalgamating property interests |
| 38-25-09 |
Ownership of oil and gas |
| 38-25-10 |
Injection of produced gas ‑ When royalties owed |
| 38-25-11 |
Application |
Title 39 - Motor Vehicles
Chapter 39-01 - Definitions and General Provisions
| Section |
Section Name |
| 39-01-01 |
Definitions |
| 39-01-01.1 |
Declaration of legislative intent |
| 39-01-01.2 |
Autonomous vehicle operations |
| 39-01-02 |
Motor vehicles owned or leased by the state to display name on side of vehicles ‑ Exceptions ‑ Penalty |
| 39-01-03 |
Motor vehicle owned by the state, North Dakota art museum, or an international peace garden not to be used for private use or in political activities |
| 39-01-04 |
Political activity defined |
| 39-01-05 |
Expenses not to be collected by state officers or employees engaged in political activity |
| 39-01-06 |
Collecting or receiving expense money wrongfully ‑ Civil action for recovery ‑ Liability of bond |
| 39-01-07 |
Penalty for violation of chapter |
| 39-01-08 |
State, political subdivisions, and International Peace Gardens authorized to carry insurance on vehicles ‑ Waiver of immunity to extent only of insurance purchased |
| 39-01-08.1 |
Senior citizens group motor vehicle ‑ Availability of coverage under political subdivision policies |
| 39-01-08.2 |
Senior citizens group motor vehicle ‑ Availability of coverage under state policies |
| 39-01-09 |
Parking meters prohibited |
| 39-01-10 |
Proof of payment of registration fees and taxes |
| 39-01-11 |
Nonresident motor vehicle user ‑ Service upon |
| 39-01-12 |
Mailing notice to defendant upon service of nonresident motor vehicle user |
| 39-01-13 |
Director to keep record of process received for nonresident motor vehicle users |
| 39-01-14 |
Protecting rights of defendant served as nonresident motor vehicle user |
| 39-01-15 |
Parking privileges for mobility impaired ‑ Certificate ‑ Revocation ‑ Continuing appropriation ‑ Penalty |
| 39-01-16 |
Hearing on alleged violations |
| 39-01-17 |
Authority to administer oaths and certify copies of records ‑ Admissibility of records |
| 39-01-18 |
Dealer bond cancellation ‑ Reinstatement ‑ Revocation of license |
| 39-01-19 |
Permits for vending machines at rest areas |
Chapter 39-02 - Department to Register Motor Vehicles
| Section |
Section Name |
| 39-02-01 |
Registrar of motor vehicles ‑ Appointment ‑ Term ‑ Removal ‑ Oath ‑ Bond |
| 39-02-02 |
Salary and expenses of registrar |
| 39-02-03 |
Powers and duties of director and department |
| 39-02-03.1 |
Director to provide notice and opportunity for hearing prior to cancellation, revocation, suspension, or rescission of a motor vehicle registration or a certificate of title to a motor vehicle |
| 39-02-04 |
Office of registrar open for licenses and information ‑ Time |
| 39-02-05 |
Records of the department open to public inspection (Contingent expiration date - See note) |
| 39-02-06 |
Records of stolen or recovered motor vehicles to be furnished certain officials and departments |
| 39-02-07 |
Penalty for violation of chapter |
Chapter 39-03 - Highway Patrol
| Section |
Section Name |
| 39-03-01 |
Definitions |
| 39-03-02 |
State highway patrol superintendent appointed by governor ‑ Duties |
| 39-03-03 |
Troopers ‑ Appointment ‑ Removal ‑ Duties |
| 39-03-04 |
Qualifications of troopers ‑ Veterans have preference |
| 39-03-05 |
Badge issued to troopers ‑ Contents of badge |
| 39-03-06 |
Oath required of superintendent, assistant superintendent, and troopers |
| 39-03-07 |
Salary of superintendent ‑ Limitations |
| 39-03-08 |
Manner of paying salaries, wages, and expenses of highway patrol |
| 39-03-08.1 |
Contracts ‑ Bids |
| 39-03-08.2 |
Requests for bids ‑ How advertised |
| 39-03-08.3 |
Bids ‑ Requirement |
| 39-03-08.4 |
Checks of three lowest bidders retained |
| 39-03-08.5 |
Award of contracts ‑ Bond |
| 39-03-09 |
Powers of highway patrol |
| 39-03-09.1 |
Job shadowing |
| 39-03-10 |
Patrolmen to inspect motor vehicles ‑ Report violations |
| 39-03-11 |
Penalty for impersonating trooper |
| 39-03-12 |
Penalty in violation of chapter |
| 39-03-13 |
Additional powers of superintendent |
| 39-03-13.1 |
Law enforcement training center ‑ Training conducted |
| 39-03-13.2 |
Silver alert notice system |
| 39-03-14 |
Disciplinary board of review |
| 39-03-15 |
Radar evidence in speed violations |
| 39-03-16 |
Safety division created ‑ Director |
| 39-03-17 |
Powers and duties of director of the safety division |
| 39-03-18 |
Highway patrol ‑ Assets forfeiture fund ‑ Purpose ‑ Continuing appropriation |
| 39-03-18.1 |
Highway patrol ‑ Federal assets forfeiture fund ‑ Continuing appropriation |
| 39-03-19 |
Capitol building access card fund - Continuing appropriation |
Chapter 39-03.1 - Highway Patrol Troopers' Retirement System
Chapter 39-04 - Motor Vehicle Registration
| Section |
Section Name |
| 39-04-01 |
Definitions |
| 39-04-02 |
Application for the registration of a vehicle ‑ Contents ‑ Penalty |
| 39-04-02.1 |
Change of address |
| 39-04-03 |
Size of tires to be given in application when truck, combination truck, or trailer registered |
| 39-04-04 |
Register of applicants to be kept by the department |
| 39-04-05 |
Grounds for refusing registration |
| 39-04-05.1 |
Refusal to register vehicle ‑ Revoking registration ‑ Appeal |
| 39-04-06 |
When registration rescinded or suspended |
| 39-04-07 |
Department to suspend registration upon notice of theft or embezzlement |
| 39-04-08 |
Number plates furnished by the department |
| 39-04-08.1 |
Assignment of motor vehicle number plates |
| 39-04-09 |
Director may design and issue number plates |
| 39-04-09.1 |
Commemorative Lewis and Clark number plates |
| 39-04-10 |
Special plates for amateur radio station licenseholders |
| 39-04-10.1 |
Manufacturer's plate ‑ Fee |
| 39-04-10.2 |
Special plates for mobility‑impaired individuals |
| 39-04-10.3 |
Personalized plates |
| 39-04-10.4 |
Antique motor vehicles ‑ License and fee ‑ Use |
| 39-04-10.5 |
Prisoner of war plates ‑ Transfer to certain surviving spouses ‑ Retirement |
| 39-04-10.6 |
Registration of motor vehicles owned by collectors |
| 39-04-10.7 |
Special number plates for farm vehicles |
| 39-04-10.8 |
National guard number plates |
| 39-04-10.9 |
Law enforcement plates |
| 39-04-10.10 |
North Dakota veterans' number plates |
| 39-04-10.11 |
Firefighter's association plates |
| 39-04-10.12 |
North Dakota future farmers of America foundation number plates |
| 39-04-10.13 |
Public or nonprofit organization number plate |
| 39-04-10.14 |
North Dakota gold star number plates |
| 39-04-10.15 |
Patriotic number plates |
| 39-04-10.16 |
Special vehicle license plates for volunteer emergency responders, volunteer firefighters, and volunteer search and rescue personnel |
| 39-04-10.17 |
Military sacrifice plates |
| 39-04-10.18 |
Blackout number plates |
| 39-04-11 |
Display of number plates and tabs ‑ Temporary registration permit |
| 39-04-12 |
Contents of number plates ‑ Size of letters and numerals on plates ‑ Reflectorized ‑ Tabs or stickers |
| 39-04-13 |
Duplicates to be obtained of number plate, tab, sticker, or registration card if lost, mutilated, or illegible ‑ Fee |
| 39-04-14 |
Renewal of registration |
| 39-04-14.1 |
Renewal of registration of motor vehicles under certain weight |
| 39-04-14.2 |
Staggered registration for apportioned vehicles |
| 39-04-14.3 |
Online registration renewal receipt showing compliance with registration is prima facie evidence |
| 39-04-14.4 |
Renewal of motorcycle registration |
| 39-04-15 |
When registration fees become due and delinquent |
| 39-04-15.1 |
Installment registration of vehicles licensed for a gross weight in excess of thirty‑six thousand pounds [16329.33 kilograms] ‑ Delinquencies ‑ Penalty |
| 39-04-16 |
Penalty for delinquent registration fees ‑ Exceptions |
| 39-04-17 |
Certificate of notary showing compliance with registration is prima facie evidence ‑ Penalty |
| 39-04-18 |
Motor vehicles exempt from registration fees ‑ Reciprocal use of state highways by foreign licensed motor vehicles |
| 39-04-18.1 |
Failure to register upon gainful employment |
| 39-04-18.2 |
Temporary motor vehicle registration ‑ Fees |
| 39-04-19 |
Motor vehicle registration fees and mile tax |
| 39-04-19.1 |
Registration of soil and water conservation vehicles |
| 39-04-19.2 |
Electric and plug‑in hybrid vehicle road use fee ‑ Definitions |
| 39-04-20 |
Additional fees required of trucks |
| 39-04-21 |
Fees for motor vehicles first registered in state |
| 39-04-21.1 |
Trailers, semitrailers, farm trailers ‑ Registration fees prorated ‑ Excess weight registration |
| 39-04-22 |
Motor vehicle exceeding registered gross weight for which licensed not to be operated on highway ‑ Exception |
| 39-04-23 |
Registered motor vehicle transporting property may change registration to higher or lower registered gross weight |
| 39-04-24 |
Director to determine weight of motor vehicle when manufacturer's weight unknown |
| 39-04-25 |
When seasonal registration of passenger buses permitted |
| 39-04-26 |
Registration of vehicles transporting property ‑ Based on registered gross weight ‑ Minimum gross weight ‑ Exemption |
| 39-04-27 |
Manufacturer or dealer to give notice of sale or transfer |
| 39-04-28 |
Motor vehicle and motorcycle dealers licenses ‑ Fees ‑ Additional number plates |
| 39-04-29 |
Certificate of title to be delivered |
| 39-04-30 |
Cancellation of licenses |
| 39-04-31 |
Bond required |
| 39-04-31.1 |
Imposing fees in lieu of truck‑mile tax |
| 39-04-32 |
Used car lots ‑ Location |
| 39-04-33 |
Dealer permitting license to be used by another dealer ‑ License revoked ‑ Penalty |
| 39-04-34 |
Dealers to furnish information to registrar |
| 39-04-34.1 |
Transfer of certain powers to public service commission |
| 39-04-35 |
Dealer to file list of used cars with registrar ‑ Fees paid on used cars by dealer |
| 39-04-36 |
Transfer of registered vehicle ‑ Removal of number plates ‑ Transfer of number plates |
| 39-04-37 |
Violations of registration provisions |
| 39-04-38 |
Taxes or fees provided for to be in lieu of other state or local personal property taxes |
| 39-04-39 |
Distribution of registration fees collected |
| 39-04-39.1 |
Distribution to local highway funds |
| 39-04-39.2 |
Refunds of registration fees |
| 39-04-39.3 |
Motor vehicle registration fee collection agreements with home rule cities |
| 39-04-39.4 |
Refund of registration fees |
| 39-04-39.5 |
Allocation of portion of registration fee |
| 39-04-40 |
Officers to enforce the provisions of chapter |
| 39-04-41 |
Penalty for violation of provisions of chapter |
| 39-04-42 |
Construction contract truck registration ‑ Penalty |
| 39-04-43 |
Antique automobile ‑ License and fee |
| 39-04-44 |
Credits on destroyed vehicle |
| 39-04-44.1 |
Transporter's license and registration card |
| 39-04-45 |
Driveaway transporter registration |
| 39-04-46 |
Driveaway transporter registration ‑ Expiration |
| 39-04-47 |
Driveaway transporter registration ‑ Display |
| 39-04-48 |
Driveaway transporter registration ‑ Application |
| 39-04-49 |
Driveaway transporter registration ‑ Fee |
| 39-04-50 |
Motor vehicle department powers |
| 39-04-51 |
Penalties |
| 39-04-52 |
Driveaway transport license fees ‑ Effect |
| 39-04-53 |
Noncompliance ‑ Effect |
| 39-04-54 |
Registration card ‑ Issuance ‑ Contents ‑ Signing |
| 39-04-55 |
Registration to be carried in or on vehicle ‑ Inspection ‑ Penalty |
| 39-04-56 |
Altering or forging registration card or temporary registration permit ‑ Penalty |
Chapter 39-04.1 - Additional Fee for Transportation of Property [Repealed]
Chapter 39-04.2 - Public Transportation
| Section |
Section Name |
| 39-04.2-01 |
Definitions |
| 39-04.2-02 |
Public transportation fund ‑ Administration of the fund |
| 39-04.2-03 |
Additional registration fee ‑ Deposit in fund |
| 39-04.2-04 |
Distribution of funds - Continuing appropriation |
Chapter 39-05 - Title Registration
| Section |
Section Name |
| 39-05-01 |
Definitions |
| 39-05-02 |
Vehicles exempt from provisions of chapter |
| 39-05-02.1 |
Certificate of title required |
| 39-05-02.2 |
Exclusions from the certificate of title requirement |
| 39-05-03 |
Department not to license vehicle until application is made for a certificate of title |
| 39-05-04 |
Certificate of title required before vehicle can be operated on highway ‑ Penalty |
| 39-05-05 |
Application for certificate of title ‑ Contents ‑ Fee |
| 39-05-06 |
Application to be verified ‑ When officers and employees of department may verify |
| 39-05-07 |
False statement in application or other document ‑ Penalty |
| 39-05-08 |
Application to be checked against certain indexes |
| 39-05-09 |
Issuance, contents, delivery, and term of certificate |
| 39-05-09.1 |
Lost, stolen, or mutilated certificate of title |
| 39-05-09.2 |
Suspension or revocation of certificates of title |
| 39-05-10 |
Registration card ‑ Issuance ‑ Contents ‑ Signing |
| 39-05-11 |
Altering or forging certificate of title ‑ Penalty |
| 39-05-12 |
Registration card to be carried in or on vehicle ‑ Inspection of card ‑ Penalty |
| 39-05-13 |
Duplicate number plate, trailer plate, certificate of registration card issued when, fee |
| 39-05-14 |
Special number when engine or serial number is altered, removed, or defaced ‑ Application ‑ Stamping ‑ Record |
| 39-05-15 |
Registration card to be endorsed and sent to department upon transfer of vehicle ‑ Penalty |
| 39-05-16 |
Legal owner of a motor vehicle not to transfer title without certificate ‑ Penalty |
| 39-05-16.1 |
Release of a security interest |
| 39-05-17 |
Transfer of title of vehicle ‑ Endorsement required ‑ Certificate of title delivered ‑ New certificate obtained ‑ Penalty |
| 39-05-17.1 |
Certificate of title to be delivered |
| 39-05-17.2 |
Body damage disclosure ‑ Rules ‑ When required ‑ Penalty |
| 39-05-17.3 |
Vehicle leases that are not sales or security interests |
| 39-05-18 |
Forwarding certificate of title to department not required when transferee is dealer ‑ Exception |
| 39-05-19 |
Obtaining certificate of title for vehicle when ownership obtained by other than voluntary means |
| 39-05-20 |
Transferee may obtain new certificate of title upon inability to obtain old certificate ‑ Proof of ownership ‑ Valuation on transfer ‑ Appeal |
| 39-05-20.1 |
Salvage certificate of title |
| 39-05-20.2 |
Issuance of salvage certificate of title |
| 39-05-20.3 |
Grounds for refusing certificate of title |
| 39-05-20.4 |
Titles for salvage and junk motor vehicles ‑ Rules ‑ Penalty |
| 39-05-21 |
Refusal to issue certificate of title ‑ Revoking certificate ‑ Appeal |
| 39-05-22 |
Department to maintain file of surrendered certificates of title ‑ Purpose ‑ Records |
| 39-05-23 |
Peace officers to report stolen and recovered motor vehicles to department |
| 39-05-24 |
Index of stolen and recovered motor vehicles kept by department ‑ Department to report to municipalities, counties, and other states |
| 39-05-25 |
Receiving, transferring, or having possession of stolen vehicles ‑ Felony |
| 39-05-26 |
Used car dealers to maintain records ‑ Contents |
| 39-05-27 |
Vehicle dealer to have certificate of title or other documentary evidence to prove possession |
| 39-05-28 |
Penalty for defacing, destroying, removing, or altering engine, serial, or identification numbers |
| 39-05-29 |
Registration of housetrailers ‑ Provisions of chapter not applicable to trailers or semitrailers less than fifty dollars in value |
| 39-05-30 |
Fees and revenues collected placed in highway tax distribution fund ‑ Payment of salaries and expenses |
| 39-05-31 |
Director may employ office help and purchase supplies |
| 39-05-31.1 |
Administration of oaths |
| 39-05-32 |
Officers to enforce provisions of chapter |
| 39-05-33 |
General penalty |
| 39-05-34 |
Penalty for felony |
| 39-05-35 |
Manufactured homes ‑ Conversion to real property ‑ Procedure ‑ Rules |
Chapter 39-06 - Operators' Licenses
| Section |
Section Name |
| 39-06-01 |
Operators must be licensed ‑ Additional licensing ‑ Penalty |
| 39-06-01.1 |
Special provisions for minor operators |
| 39-06-01.2 |
Anatomical gifting |
| 39-06-01.3 |
Compliance with federal selective service requirement |
| 39-06-02 |
Individuals who are exempt from having an operator's license ‑ Resident defined |
| 39-06-03 |
No operator's license to certain individuals |
| 39-06-03.1 |
Nondriver photo identification card issued by director ‑ Release of information ‑ Penalty ‑ Public awareness |
| 39-06-04 |
Class D instruction permit |
| 39-06-05 |
Restricted instruction permit ‑ When instruction permit not required ‑ Driver's training course |
| 39-06-06 |
Temporary operator's permit |
| 39-06-07 |
Application for operator's license |
| 39-06-07.1 |
Proof of name, date of birth, legal presence, and citizenship for operator's license application ‑ License difference for citizens and noncitizens - Primary source identity documents |
| 39-06-07.2 |
Medical advice ‑ Use by director - Driver's duty to report certain injuries |
| 39-06-08 |
Application of minors |
| 39-06-09 |
Liability for negligence of minor ‑ General |
| 39-06-10 |
Liability for negligence of minor ‑ Proof of financial responsibility |
| 39-06-11 |
Cancellation of minor's license or permit upon request |
| 39-06-12 |
Cancellation of an operator's license of a minor upon death of applicant |
| 39-06-13 |
Examination of applicants |
| 39-06-13.1 |
Fee for examination of applicants |
| 39-06-14 |
Licenses issued to operators ‑ General ‑ Classified operator's license |
| 39-06-14.1 |
Motorcycle operator's licenses and motorized bicycles |
| 39-06-14.2 |
Driver license central identity management |
| 39-06-14.3 |
Electronic operator's license |
| 39-06-15 |
Commissioner may appoint agents to issue licenses ‑ Fees |
| 39-06-16 |
License to be carried and exhibited on demand |
| 39-06-17 |
Restricted licenses ‑ Penalty for violation |
| 39-06-18 |
Substitute operator's license |
| 39-06-19 |
Expiration of license ‑ Renewal |
| 39-06-19.1 |
Extended term of license held by members of the armed forces ‑ Limitations |
| 39-06-19.2 |
Renewal of license held by out-of-state individual |
| 39-06-20 |
Notice of change of address or name |
| 39-06-21 |
Filing application records |
| 39-06-22 |
Driving records of licensees |
| 39-06-23 |
Definition of suspension, revocation, and cancellation |
| 39-06-24 |
Authority to cancel licenses |
| 39-06-25 |
Suspending privileges of nonresidents |
| 39-06-26 |
Reporting convictions, suspensions, or revocations of nonresidents |
| 39-06-27 |
Suspending licenses upon conviction, suspension, or revocation in another jurisdiction |
| 39-06-28 |
Courts to forward license to director upon certain convictions |
| 39-06-29 |
Courts to report records of certain convictions |
| 39-06-29.1 |
Authority to suspend licenses of juveniles |
| 39-06-30 |
Conviction ‑ Meaning and effect |
| 39-06-31 |
Revocation of licenses |
| 39-06-32 |
Authority to suspend licenses |
| 39-06-32.1 |
Suspension of child's driving privileges |
| 39-06-33 |
Hearings on suspension or revocation |
| 39-06-33.1 |
Authority to suspend licenses after traffic death or injury ‑ Show cause order required |
| 39-06-34 |
Director may require re-examination |
| 39-06-34.1 |
Court may require re-examination |
| 39-06-35 |
Period of suspension |
| 39-06-36 |
Restoration of revoked licenses |
| 39-06-36.1 |
Restoration of revoked or suspended licenses ‑ Successful completion of treatment court |
| 39-06-37 |
Duration of multiple suspensions and revocations for separate violations |
| 39-06-38 |
No operation under foreign license during suspension or revocation in this state |
| 39-06-39 |
Review by court |
| 39-06-40 |
Unlawful use of license ‑ Penalty |
| 39-06-40.1 |
Reproducing operator's license ‑ Penalty |
| 39-06-41 |
Making false affidavit perjury |
| 39-06-42 |
Penalty for driving while license suspended or revoked ‑ Impoundment of vehicle number plates ‑ Authority of cities |
| 39-06-43 |
Extension of license suspension or revocation |
| 39-06-44 |
Permitting unauthorized minor to drive |
| 39-06-45 |
Permitting unauthorized individual to drive |
| 39-06-46 |
Renting motor vehicles ‑ License of renter |
| 39-06-47 |
Renting motor vehicle ‑ License inspection |
| 39-06-48 |
Renting motor vehicle ‑ Records |
| 39-06-49 |
Fees ‑ Deposit in state highway fund |
| 39-06-50 |
Short title |
| 39-06-51 |
License to carry warnings and convictions |
| 39-06-52 |
Veteran indicator on license |
Chapter 39-06.1 - Disposition of Traffic Offenses
| Section |
Section Name |
| 39-06.1-01 |
Definitions |
| 39-06.1-02 |
Traffic violations noncriminal ‑ Exceptions ‑ Procedures |
| 39-06.1-02.1 |
Notification of parents or guardians of juvenile traffic offenders |
| 39-06.1-03 |
Administrative hearing ‑ Procedures ‑ Appeals ‑ Stay orders |
| 39-06.1-04 |
Failure to appear, pay statutory fee, post bond ‑ Procedure ‑ Penalty |
| 39-06.1-05 |
Offenses excepted |
| 39-06.1-06 |
Amount of statutory fees |
| 39-06.1-07 |
Notification to offenders ‑ Duties of director |
| 39-06.1-08 |
Nonmoving violation defined |
| 39-06.1-09 |
Moving violation defined |
| 39-06.1-10 |
Entries against driving record ‑ Director duties ‑ Hearings ‑ Demerit schedule ‑ Suspension |
| 39-06.1-10.1 |
Alternative disposition ‑ Driver training course ‑ Exceptions |
| 39-06.1-11 |
Temporary restricted license ‑ Ignition interlock device |
| 39-06.1-12 |
Completion of suspension ‑ Reduction of point total |
| 39-06.1-13 |
Reduction of point total ‑ Other methods |
| 39-06.1-14 |
Delivery of license revocation |
| 39-06.1-15 |
Diplomatic immunities and privileges |
Chapter 39-06.2 - Commercial Driver's Licenses
| Section |
Section Name |
| 39-06.2-01 |
Uniform Commercial Driver's License Act |
| 39-06.2-02 |
Definitions |
| 39-06.2-03 |
Limitation on number of driver's licenses |
| 39-06.2-04 |
Notification required by driver |
| 39-06.2-05 |
Employer responsibilities |
| 39-06.2-06 |
Commercial driver's license required |
| 39-06.2-07 |
Commercial driver's license qualification standards |
| 39-06.2-08 |
Application for commercial driver's license |
| 39-06.2-08.1 |
Commercial driver's license medical certification requirements |
| 39-06.2-08.2 |
Commercial driver's license drug and alcohol clearinghouse requirements |
| 39-06.2-09 |
Commercial driver's license |
| 39-06.2-09.1 |
Nondomiciled commercial license |
| 39-06.2-10 |
Disqualification and cancellation |
| 39-06.2-10.1 |
Prohibited alcohol offenses for commercial motor vehicle drivers |
| 39-06.2-10.2 |
Implied consent requirements for commercial motor vehicle drivers |
| 39-06.2-10.3 |
Action following test result for a resident driver |
| 39-06.2-10.4 |
Action following test result or refusal of testing by nonresident driver |
| 39-06.2-10.5 |
Revocation of privilege to drive commercial motor vehicle upon refusal to submit to testing |
| 39-06.2-10.6 |
Administrative hearing on request |
| 39-06.2-10.7 |
Judicial review |
| 39-06.2-10.8 |
Temporary driver's permit |
| 39-06.2-10.9 |
Out‑of‑service order ‑ Rules |
| 39-06.2-11 |
License reissuance ‑ Class D license |
| 39-06.2-12 |
Notification of traffic convictions |
| 39-06.2-13 |
Driving record information to be furnished |
| 39-06.2-13.1 |
Driving record information to be provided |
| 39-06.2-14 |
Rulemaking authority |
| 39-06.2-15 |
Authority to enter agreements |
| 39-06.2-16 |
Reciprocity |
| 39-06.2-17 |
Hours of service exemption ‑ Transportation of agricultural commodities |
| 39-06.2-18 |
Imminent hazard disqualification ‑ Records |
| 39-06.2-19 |
Fees ‑ Deposit in highway fund |
Chapter 39-07 - General Regulations Governing Traffic
| Section |
Section Name |
| 39-07-01 |
Bicycle or ridden animal to be deemed vehicle |
| 39-07-02 |
Owner of property used for vehicular travel may prohibit or require additional conditions to use |
| 39-07-03 |
Through highways designated by director and local authorities ‑ Stop and yield intersections |
| 39-07-03.1 |
Uniform traffic lights prescribed by commissioner ‑ Prohibition |
| 39-07-04 |
Powers of local authorities |
| 39-07-05 |
Persons working on highways ‑ Exceptions |
| 39-07-06 |
General penalty for violation of title |
| 39-07-07 |
Halting an individual for violating traffic regulations ‑ Duty of officer halting |
| 39-07-07.1 |
Provision of envelopes for traffic and parking violations on state charitable or penal institution property or state capitol grounds |
| 39-07-08 |
Hearing ‑ Time ‑ Promise of defendant to appear ‑ Failure to appear ‑ Penalty |
| 39-07-09 |
Offenses under which person halted may not be entitled to release upon promise to appear |
| 39-07-10 |
Officer violating provisions for arrest and notice of hearing to defendant may be removed from office |
| 39-07-11 |
Magistrate to keep record of convictions of traffic violations ‑ Records of conviction to be forwarded to licensing authority |
| 39-07-12 |
Garages to report |
| 39-07-13 |
Wrecker and towing services to report |
Chapter 39-08 - Regulations Governing Operators
| Section |
Section Name |
| 39-08-01 |
Persons under the influence of intoxicating liquor or any other drugs or substances not to operate vehicle ‑ Penalty |
| 39-08-01.1 |
Prior offenses |
| 39-08-01.2 |
Special punishment for causing injury or death while operating a vehicle while under the influence of alcohol or any other drugs or substances ‑ Penalty |
| 39-08-01.3 |
Alcohol‑related traffic offenses ‑ Seizure, forfeiture, and sale of motor vehicles |
| 39-08-01.4 |
Driving while under the influence of alcohol or any other drugs or substances while being accompanied by a minor ‑ Penalty |
| 39-08-01.5 |
Partial suspension of sentence for treatment court program, mental health court program, or veterans treatment docket completion |
| 39-08-01.6 |
Criminal record ‑ Seal ‑ Exception |
| 39-08-02 |
Person conveying passengers not to engage drivers addicted to intoxicants ‑ Penalty |
| 39-08-03 |
Reckless driving ‑ Aggravated reckless driving ‑ Penalty |
| 39-08-03.1 |
Exhibition driving and drag racing ‑ Definitions ‑ Penalty |
| 39-08-04 |
Accidents involving death or personal injuries ‑ Penalty |
| 39-08-04.1 |
Emergency care or services rendered ‑ Liability |
| 39-08-05 |
Crashes involving damage to vehicle ‑ Penalty |
| 39-08-06 |
Duty to give information and render aid |
| 39-08-07 |
Duty upon striking unattended vehicle ‑ Penalty |
| 39-08-08 |
Duty upon striking highway fixtures or other property |
| 39-08-09 |
Immediate notice of accident ‑ Penalty |
| 39-08-10 |
Officer to report |
| 39-08-10.1 |
Investigating agency responsible to notify immediate family |
| 39-08-11 |
When driver unable to report |
| 39-08-12 |
False reports |
| 39-08-13 |
Crash report forms |
| 39-08-14 |
Public inspection of reports relating to crashes |
| 39-08-15 |
Director of the department of transportation to tabulate and analyze crash reports |
| 39-08-16 |
Any incorporated city may require crash reports |
| 39-08-17 |
Magistrates to report convictions to highway commissioner |
| 39-08-18 |
Open container law ‑ Penalty |
| 39-08-19 |
Penalty for harassment of domestic animals |
| 39-08-20 |
Driving without liability insurance prohibited ‑ Penalty |
| 39-08-20.1 |
Uninsured motorist ‑ Insurance deductible |
| 39-08-20.2 |
Special mobile equipment and liability insurance - Report - Penalty |
| 39-08-21 |
Medical qualifications exemption for intrastate drivers |
| 39-08-22 |
Nonpayment for motor fuels ‑ Penalty |
| 39-08-23 |
Use of a wireless communications device prohibited |
| 39-08-24 |
Use of an electronic communication device by minor prohibited |
| 39-08-25 |
Failure to maintain control |
Chapter 39-09 - Speed Restrictions
| Section |
Section Name |
| 39-09-01 |
Basic rule ‑ Penalty for violation |
| 39-09-01.1 |
Care required in operating vehicle |
| 39-09-02 |
Speed limitations |
| 39-09-03 |
When local authorities may or shall alter maximum speed ‑ Limits ‑ Signs posted |
| 39-09-04 |
Alteration of maximum speed limits on state highways |
| 39-09-04.1 |
Special speed limitations |
| 39-09-05 |
Driving vehicle upon bridge, causeway, or viaduct at greater than maximum speed prohibited |
| 39-09-06 |
Speed limitations inapplicable to whom ‑ Liability of exempt driver for reckless driving |
| 39-09-07 |
Speed zones on state highways |
| 39-09-07.1 |
Speed zones ‑ Reduction limitation |
| 39-09-08 |
Regulation of speed control signs |
| 39-09-09 |
Minimum speed limits |
Chapter 39-10 - General Rules of the Road
| Section |
Section Name |
| 39-10-01 |
Provisions of title refer to vehicles upon the highways ‑ Exceptions |
| 39-10-01.1 |
Required obedience to traffic laws |
| 39-10-02 |
Obedience to police officer or firefighter |
| 39-10-02.1 |
Person riding animal or driving animal‑drawn vehicle |
| 39-10-03 |
Class A authorized emergency vehicles |
| 39-10-03.1 |
Class B authorized emergency vehicles |
| 39-10-03.2 |
Class C authorized emergency vehicles |
| 39-10-04 |
Obedience to and required traffic‑control devices |
| 39-10-05 |
Traffic‑control signal legend |
| 39-10-06 |
Pedestrian control signals |
| 39-10-07 |
Flashing signals |
| 39-10-07.1 |
Lane‑direction‑control signals |
| 39-10-07.2 |
Display of unauthorized signs, signals, or markings |
| 39-10-07.3 |
Interference with official traffic‑control device or railroad sign or signal |
| 39-10-08 |
Drive on right side of roadway ‑ Exceptions |
| 39-10-09 |
Passing vehicles proceeding in opposite directions |
| 39-10-10 |
Use of multiple‑beam road‑lighting equipment |
| 39-10-11 |
Overtaking a vehicle on the left |
| 39-10-11.1 |
Overtaking and passing a bicycle |
| 39-10-12 |
When overtaking on the right is permitted |
| 39-10-13 |
Limitations on overtaking on the left |
| 39-10-14 |
Further limitations on driving on left of center of roadway |
| 39-10-15 |
No‑passing zones |
| 39-10-16 |
One‑way roadways and rotary traffic islands |
| 39-10-17 |
Driving on roadways laned for traffic |
| 39-10-18 |
Following too closely |
| 39-10-19 |
Driving on divided highway |
| 39-10-20 |
Restricted access |
| 39-10-21 |
Restrictions on use of controlled‑access roadway |
| 39-10-21.1 |
Closing road because of hazardous conditions ‑ Road closure notice ‑ Entering closed road prohibited |
| 39-10-22 |
Vehicle approaching or entering intersection |
| 39-10-22.1 |
Entering freeways ‑ Right of way |
| 39-10-23 |
Vehicle turning left |
| 39-10-24 |
Stop signs and yield signs |
| 39-10-25 |
Vehicle entering roadway |
| 39-10-26 |
Vehicle to stop or yield the right of way for authorized emergency vehicle or vehicle used for maintaining the state highway system ‑ Penalty |
| 39-10-26.1 |
Highway construction and maintenance |
| 39-10-26.2 |
Permitting use of vehicle to violate section 39‑10‑26 prohibited ‑ Presumption of permission ‑ Defense ‑ Dual prosecution prohibited |
| 39-10-26.3 |
Vehicle to yield the right of way for stationary motor vehicles |
| 39-10-27 |
Pedestrian obedience to traffic‑control devices and traffic regulations |
| 39-10-28 |
Pedestrian's right of way in crosswalk |
| 39-10-29 |
Crossing at other than crosswalk |
| 39-10-30 |
Driver to exercise due care |
| 39-10-31 |
Protection of blind or incapacitated pedestrians |
| 39-10-32 |
Pedestrians to use right half of crosswalks |
| 39-10-33 |
Pedestrian on roadway |
| 39-10-33.1 |
Pedestrian's right of way on sidewalk |
| 39-10-33.2 |
Pedestrian to yield to authorized emergency vehicles |
| 39-10-33.3 |
Blind pedestrian right of way |
| 39-10-33.4 |
Pedestrian under influence of alcohol or drugs |
| 39-10-33.5 |
Bridge and railroad signals |
| 39-10-34 |
Pedestrian soliciting ride or business |
| 39-10-35 |
Required position and method of turning |
| 39-10-36 |
Limitations on turning around |
| 39-10-37 |
Starting parked vehicle |
| 39-10-38 |
Turning movements and required signals |
| 39-10-39 |
Signals by hand and arm or signal lamps |
| 39-10-40 |
Method of giving hand‑and‑arm signals |
| 39-10-41 |
Obedience to signal indicating approach of train or other on‑track equipment |
| 39-10-42 |
All vehicles must stop at certain railroad grade crossings |
| 39-10-43 |
Certain vehicles must stop at all railroad grade crossings |
| 39-10-44 |
Stop signs and yield signs |
| 39-10-45 |
Emerging from alley, driveway, private road, or building |
| 39-10-46 |
Overtaking and passing schoolbus |
| 39-10-46.1 |
Permitting use of vehicle to violate section 39‑10‑46 prohibited ‑ Presumption of permission ‑ Defense ‑ Dual prosecution prohibited |
| 39-10-47 |
Stopping, standing, or parking outside of business or residence districts |
| 39-10-48 |
Officer authorized to remove illegally stopped vehicle |
| 39-10-49 |
Stopping, standing, or parking prohibited in specified places |
| 39-10-50 |
Additional parking regulations |
| 39-10-50.1 |
Electric vehicle parking stalls or spaces ‑ Unauthorized parking or obstructing |
| 39-10-51 |
Unattended motor vehicle |
| 39-10-51.1 |
Parking violations ‑ Lessor responsibility |
| 39-10-52 |
Limitations on backing |
| 39-10-52.1 |
Driving upon sidewalk |
| 39-10-52.2 |
Riding in housetrailer |
| 39-10-53 |
Riding on motorcycles |
| 39-10-54 |
Obstruction to driver's view or driving mechanism |
| 39-10-54.1 |
Opening and closing vehicle door |
| 39-10-55 |
Driving on mountain highways |
| 39-10-56 |
Coasting prohibited |
| 39-10-57 |
Following emergency vehicle too closely prohibited ‑ Stopping by emergency vehicle |
| 39-10-58 |
Crossing firehose |
| 39-10-59 |
Garbage, glass, rubbish, and injurious materials on highway prohibited |
| 39-10-60 |
Riding on bicycles |
| 39-10-61 |
Clinging to vehicles |
| 39-10-62 |
Riding on roadways and bicycle paths |
| 39-10-63 |
Carrying articles |
| 39-10-63.1 |
Lamps and other equipment on bicycles |
| 39-10-64 |
Driving through safety zone prohibited |
| 39-10-65 |
Operation of motor vehicle, tractor, or other vehicle prohibited on flood protective works ‑ Exception ‑ Penalty |
| 39-10-66 |
Vehicle approaching a yield right of way sign |
| 39-10-67 |
Moving heavy equipment at railroad grade crossing |
| 39-10-68 |
Stop when traffic obstructed |
| 39-10-69 |
Charging violation and proving negligence in civil action |
| 39-10-70 |
Racing on highways |
| 39-10-71 |
Fleeing or attempting to elude a peace officer ‑ Penalty |
| 39-10-71.1 |
Motor vehicle owner's responsibility regarding a driver who flees a peace officer ‑ Exceptions |
| 39-10-72 |
Funeral processions ‑ Traffic regulations |
| 39-10-73 |
Flashing green lights |
| 39-10-74 |
Motor vehicle platoons |
Chapter 39-10.1 - Bicycles
Chapter 39-10.2 - Motorcycles
Chapter 39-10.3 - Experimental Vehicles
Chapter 39-11 - Equipment of Vehicles [Repealed]
Chapter 39-12 - Size, Width, and Height Restrictions
| Section |
Section Name |
| 39-12-01 |
State and local authorities may classify highways as to weight and load capacities |
| 39-12-02 |
Special permits for vehicles of excessive size and weight issued ‑ Contents ‑ Fees |
| 39-12-03 |
Director or local authorities may limit use of vehicles on highways ‑ Exception for inclement weather |
| 39-12-04 |
Width, height, and length limitations on vehicles ‑ Exceptions |
| 39-12-05 |
Weight limitations for vehicles on interstate system |
| 39-12-05.1 |
Weight limitations for vehicles on designated highways |
| 39-12-05.2 |
Interstate weight limitations if permitted by the Congress of the United States |
| 39-12-05.3 |
Weight limitations for vehicles on highways other than the interstate system |
| 39-12-06 |
Limitations on extending of load beyond side of motor vehicle |
| 39-12-07 |
Peace officers may weigh vehicle to determine load ‑ Decreasing gross weight of vehicle |
| 39-12-08 |
Penalty for violation of chapter |
| 39-12-09 |
Unlawful to violate provisions governing size, weight, or construction of vehicles ‑ Size and weight specified in this chapter lawful through state ‑ Penalty |
| 39-12-10 |
Flag or light to be displayed at end of load |
| 39-12-11 |
Impounding overweight vehicle |
| 39-12-12 |
Impounding receipt ‑ Information |
| 39-12-13 |
Impounding notice ‑ Perishables |
| 39-12-14 |
Civil complaint |
| 39-12-14.1 |
Voluntary settlement of extraordinary road use fee charges |
| 39-12-15 |
Mailing complaint |
| 39-12-16 |
Cash bond ‑ Holding |
| 39-12-17 |
Trial ‑ Charges |
| 39-12-18 |
Payment of charges ‑ Confiscation ‑ Sale |
| 39-12-19 |
Payment ‑ Effect |
| 39-12-20 |
Proceeds of sale ‑ Continuing appropriation |
| 39-12-21 |
Penalty |
| 39-12-22 |
Permissible loads ‑ Exceptions |
| 39-12-23 |
Governor's order authorizing excess limits |
| 39-12-24 |
Authority for cooperative regional permit agreements on excess size or weight vehicles |
| 39-12-25 |
Bank of North Dakota - Line of credit |
Chapter 39-13 - Traffic Signs
| Section |
Section Name |
| 39-13-01 |
Uniform marking and erection of signs on highway |
| 39-13-02 |
Local traffic signs |
| 39-13-03 |
Local parking regulations not enforceable where sign illegible or not in proper position |
| 39-13-04 |
Traffic signs erected by unauthorized persons prohibited ‑ Traffic signs containing advertising prohibited |
| 39-13-05 |
Injuring signs prohibited |
| 39-13-06 |
Authority to adopt manual on uniform traffic‑control devices |
| 39-13-07 |
Uniform traffic‑control devices on all streets and highways |
| 39-13-08 |
No traffic‑control device to be manufactured or sold which does not conform |
| 39-13-09 |
Tourist‑oriented directional signs |
Chapter 39-14 - Financial Responsibility of Owners and Operators [Repealed]
Chapter 39-15 - Guest Law [Repealed]
Chapter 39-16 - Financial Responsibility of Owners and Operators
| Section |
Section Name |
| 39-16-01 |
Definitions |
| 39-16-02 |
Rules ‑ Notice of proposed suspension |
| 39-16-03 |
Driving records ‑ Not admissible in evidence ‑ Fee |
| 39-16-03.1 |
Entries on driver's record abstract confidential |
| 39-16-04 |
Suspension of license for neglect to report accident |
| 39-16-05 |
Suspension of license and when not applicable |
| 39-16-06 |
When requirements as to security and suspension do not apply |
| 39-16-07 |
Release from suspension of license |
| 39-16-08 |
Requirements of one not licensed |
| 39-16-09 |
Director may fix, reduce, or increase requirement |
| 39-16-10 |
Deposit of security with Bank of North Dakota ‑ Release ‑ How payment made |
| 39-16-11 |
Record not admissible as evidence |
| 39-16-12 |
Notice of failure to satisfy judgment |
| 39-16-13 |
Suspension of license ‑ Temporary release |
| 39-16-14 |
Satisfaction of judgment |
| 39-16-15 |
Installment payments |
| 39-16-16 |
Revocation of license for reasons other than provisions of this chapter |
| 39-16-17 |
Proof of financial responsibility |
| 39-16-18 |
Proof by showing insurance coverage |
| 39-16-19 |
Nonresident owner |
| 39-16-20 |
Motor vehicle liability policy |
| 39-16-21 |
Notice of proposed cancellation of policy by insurer |
| 39-16-22 |
Other laws requiring insurance |
| 39-16-23 |
Financial responsibility may be evidenced by bond |
| 39-16-24 |
Deposit of cash with state treasurer |
| 39-16-25 |
Employment or family connection in lieu of proof of financial responsibility |
| 39-16-26 |
Release of bond or deposit on making other proof of responsibility |
| 39-16-27 |
Procedure on failure of proof on file |
| 39-16-28 |
Cancellation of bond or return of deposit |
| 39-16-29 |
Seizure or return of operator's license |
| 39-16-30 |
Operating while under suspension or revocation ‑ Penalties |
| 39-16-31 |
Federal, state, or municipal ownership |
| 39-16-32 |
Who may be self‑insurer |
| 39-16-33 |
Effect on certain laws |
| 39-16-34 |
Not retroactive |
| 39-16-35 |
May rely on other process |
| 39-16-36 |
Citation |
| 39-16-37 |
Effective date |
Chapter 39-16.1 - Proof of Financial Responsibility for the Future
| Section |
Section Name |
| 39-16.1-01 |
Application |
| 39-16.1-02 |
Proof of financial responsibility defined |
| 39-16.1-03 |
Notice of failure to satisfy judgment |
| 39-16.1-04 |
Suspension of license ‑ Temporary release |
| 39-16.1-05 |
Satisfaction of judgment |
| 39-16.1-06 |
Installment payments |
| 39-16.1-07 |
Revocation or suspension of license for reasons other than provisions of this chapter |
| 39-16.1-08 |
Proof of financial responsibility |
| 39-16.1-09 |
Proof by showing insurance coverage |
| 39-16.1-10 |
Nonresident owner |
| 39-16.1-11 |
Motor vehicle liability policy |
| 39-16.1-12 |
Notice of cancellation of policy by insurer |
| 39-16.1-13 |
Other laws requiring insurance |
| 39-16.1-14 |
Financial responsibility may be evidenced by bond |
| 39-16.1-15 |
Deposit of cash with the Bank of North Dakota |
| 39-16.1-16 |
Employment or family connection in lieu of proof of financial responsibility |
| 39-16.1-17 |
Release of bond or deposit on making other proof of responsibility |
| 39-16.1-18 |
Procedure on failure of proof on file |
| 39-16.1-19 |
Cancellation of bond or return of deposit |
| 39-16.1-20 |
Seizure or return of operator's license |
| 39-16.1-20.1 |
Verification of liability insurance |
| 39-16.1-21 |
Operating under suspension or revocation ‑ Penalties |
| 39-16.1-22 |
Federal, state, or municipal ownership |
| 39-16.1-23 |
Who may be self‑insurer |
Chapter 39-16.2 - Gas Transporter Financial Responsibility
| Section |
Section Name |
| 39-16.2-01 |
Definitions |
| 39-16.2-02 |
Liquefied petroleum gas transporters ‑ Financial responsibility requirements |
| 39-16.2-03 |
Maintenance and certification of financial requirements ‑ Verification |
| 39-16.2-04 |
Self‑insurance |
| 39-16.2-05 |
Penalties |
Chapter 39-17 - Unsatisfied Judgment Fund [Repealed]
Chapter 39-18 - Mobile Home Dealer Regulation
| Section |
Section Name |
| 39-18-01 |
Mobile home and manufactured home dealer's license ‑ Fees ‑ Dealer's plates ‑ Penalty |
| 39-18-02 |
Bond required |
| 39-18-02.1 |
Disposition of fees |
| 39-18-03 |
Titling and licensing of mobile homes, housetrailers, and travel trailers ‑ License fee |
| 39-18-03.1 |
Park model trailer fee |
| 39-18-03.2 |
Park model trailer fee |
| 39-18-04 |
Safety devices and requirements |
| 39-18-05 |
Width, length, and height of mobile home operated in the state of North Dakota ‑ Oversize permits |
| 39-18-06 |
Suspension or revocation of dealer's license |
| 39-18-07 |
Penalty |
| 39-18-08 |
Sales by real estate broker or salesperson of used mobile home or manufactured home ‑ Penalty |
Chapter 39-19 - Reciprocity Agreements, Arrangements, or Declarations
| Section |
Section Name |
| 39-19-01 |
Director ‑ Reciprocity powers |
| 39-19-02 |
Secretary to commission |
| 39-19-03 |
Reciprocal use of highways |
| 39-19-04 |
International registration plan ‑ Multistate reciprocal agreement ‑ Change of state agency |
| 39-19-05 |
Agreements for joint operation of ports of entry |
| 39-19-06 |
Unified carrier registration system |
| 39-19-06.1 |
Single state insurance registration system |
Chapter 39-20 - Chemical Test for Intoxication, Implied Consent
| Section |
Section Name |
| 39-20-01 |
Implied consent to determine alcohol concentration and presence of drugs |
| 39-20-01.1 |
Chemical test of driver in serious bodily injury or fatal crashes |
| 39-20-02 |
Individuals qualified to administer test and opportunity for additional test |
| 39-20-03 |
Consent of person incapable of refusal not withdrawn |
| 39-20-03.1 |
Action following test result for a resident operator |
| 39-20-03.2 |
Action following test result or on refusing test by nonresident operator |
| 39-20-04 |
Revocation of privilege to drive motor vehicle upon refusal to submit to testing |
| 39-20-04.1 |
Administrative sanction for driving or being in physical control of a vehicle while having certain alcohol concentration |
| 39-20-05 |
Administrative hearing on request ‑ Election to participate in the twenty‑four seven sobriety program |
| 39-20-06 |
Judicial review |
| 39-20-07 |
Interpretation of chemical tests |
| 39-20-08 |
Proof of refusal admissible in any civil or criminal action or proceeding |
| 39-20-09 |
Effect of evidence of chemical test |
| 39-20-10 |
Notice to other states |
| 39-20-11 |
Application to prosecutions under municipal ordinances |
| 39-20-12 |
Liability |
| 39-20-13 |
State crime laboratory to examine specimens of fatalities in accidental deaths involving a motor vehicle ‑ Record use |
| 39-20-14 |
Screening tests |
| 39-20-15 |
Restricted license upon twenty‑four seven sobriety program participation |
Chapter 39-21 - Equipment of Vehicles
| Section |
Section Name |
| 39-21-01 |
When lighted lamps are required |
| 39-21-02 |
Visibility distance and mounted height of lamps |
| 39-21-03 |
Headlamps on motor vehicle |
| 39-21-04 |
Taillamps |
| 39-21-05 |
New motor vehicle to be equipped with reflectors |
| 39-21-06 |
Stop lamps and turn signals required on new motor vehicle |
| 39-21-06.1 |
Additional lighting equipment |
| 39-21-07 |
Application of succeeding sections |
| 39-21-08 |
Additional equipment required on certain vehicles |
| 39-21-09 |
Color of clearance lamps, side marker lamps, backup lamps, and reflectors |
| 39-21-10 |
Mounting of reflectors, clearance lamps, and side marker lamps |
| 39-21-11 |
Visibility of reflectors, clearance lamps, and marker lamps |
| 39-21-12 |
Obstructed lights not required |
| 39-21-13 |
Lamp or flag on projecting load |
| 39-21-14 |
Lamps on parked vehicle |
| 39-21-15 |
Lamps, reflectors, and reflective materials on farm tractors, farm equipment, and implements of husbandry |
| 39-21-16 |
Lamps on other vehicles and equipment |
| 39-21-17 |
Spot lamps and auxiliary lamps |
| 39-21-18 |
Audible and visual signals on vehicle |
| 39-21-18.1 |
Flashing signals on rural mail vehicle ‑ Standards |
| 39-21-19 |
Signal lamps and signal devices |
| 39-21-19.1 |
Vehicular hazard warning signals |
| 39-21-20 |
Multiple‑beam road‑lighting equipment |
| 39-21-21 |
Use of multiple‑beam road‑lighting equipment |
| 39-21-22 |
Single‑beam road‑lighting equipment |
| 39-21-23 |
Lighting equipment on motor‑driven cycles |
| 39-21-24 |
Arrest for improperly adjusted headlamps or improper bulbs ‑ Certificate of conformance a defense |
| 39-21-25 |
Number of driving lamps required or permitted |
| 39-21-26 |
Special restrictions on lamps |
| 39-21-27 |
Special lighting and warning equipment on schoolbuses |
| 39-21-27.1 |
Schoolbus standards ‑ Equipment and color regulations |
| 39-21-28 |
Standards for lights on snow‑removal or other hazardous equipment |
| 39-21-29 |
Selling or using lamps or equipment |
| 39-21-30 |
Authority of department |
| 39-21-30.1 |
Duration of approval |
| 39-21-31 |
Revocation of certificate of approval |
| 39-21-32 |
Brake equipment required |
| 39-21-33 |
Maintenance of brakes |
| 39-21-33.1 |
Engine compression brake device - Prohibited - Posting |
| 39-21-34 |
Brakes on motor‑driven cycles |
| 39-21-35 |
Hydraulic brake fluid |
| 39-21-36 |
Horn and warning device |
| 39-21-37 |
Muffler ‑ Prevention of noise and smoke |
| 39-21-38 |
Mirror |
| 39-21-39 |
Windshield ‑ Must be unobstructed and equipped with wipers ‑ Tinted windows |
| 39-21-39.1 |
Windshield impairing vision of drivers |
| 39-21-40 |
Restrictions as to tire equipment |
| 39-21-41 |
Safety glazing material in motor vehicles |
| 39-21-41.1 |
Safety belts |
| 39-21-41.2 |
Child restraint devices ‑ Evidence |
| 39-21-41.3 |
Use of safety belts required in certain motor vehicles ‑ Enforcement |
| 39-21-41.4 |
Use of safety belts required in certain motor vehicles ‑ Enforcement ‑ Evidence |
| 39-21-41.5 |
Secondary enforcement |
| 39-21-42 |
Certain vehicles to carry flares or other warning devices |
| 39-21-43 |
Display of warning devices when vehicle disabled |
| 39-21-44 |
Vehicle transporting explosives or hazardous materials ‑ Administrative procedure and judicial review |
| 39-21-44.1 |
Vehicle to be constructed to prevent sifting or leaking loads |
| 39-21-44.2 |
Drawbar or connection between vehicles ‑ Precautions required |
| 39-21-45 |
Air‑conditioning equipment |
| 39-21-45.1 |
Modification of motor vehicle |
| 39-21-46 |
Scope and effect of equipment requirements ‑ Penalty |
| 39-21-47 |
Distress signals for handicapped drivers ‑ Penalty for misuse |
| 39-21-48 |
Crash helmets required for operators of and passengers on motorcycles |
| 39-21-49 |
Number of riders on motorcycles limited |
| 39-21-50 |
Slow‑moving vehicles required to display identification emblem ‑ Penalty |
| 39-21-51 |
Alteration of odometers or other mileage recorders, hour meters on tachometers, or other hour recorders ‑ Penalty |
| 39-21-52 |
Exemption for certain street rod, collector, or special interest motor vehicles |
| 39-21-53 |
Retractable axle control requirements |
| 39-21-54 |
Requirement for steerable, castering, or pivoting axles |
| 39-21-55 |
Exemption from rear‑end protection requirements |
| 39-21-56 |
Definitions ‑ Prohibition on counterfeit and nonfunctional airbag ‑ Penalty |
Chapter 39-21.1 - Random Motor Vehicle Maintenance [Repealed]
Chapter 39-22 - Motor Vehicle Dealer Licensing
| Section |
Section Name |
| 39-22-01 |
Dealer defined |
| 39-22-02 |
Motor vehicle dealer's license ‑ Fees ‑ Additional number plates |
| 39-22-03 |
Motorcycle dealer's license ‑ Fees |
| 39-22-04 |
Grounds for denial, suspension, cancellation, or revocation of dealer's license |
| 39-22-05 |
Bond required |
| 39-22-05.1 |
Disposition of fees |
| 39-22-05.2 |
When bid bonds not required in bids to state or political subdivisions |
| 39-22-06 |
Motor vehicle lots ‑ Location |
| 39-22-07 |
Dealer permitting license to be used by another dealer ‑ License revoked ‑ Penalty |
| 39-22-07.1 |
Motor vehicle sales prohibited on Sunday ‑ Penalty |
| 39-22-08 |
Dealers to furnish information to director |
| 39-22-09 |
Dealer to file list of used motor vehicles with registrar ‑ Fees paid on used cars by dealer ‑ Delinquency ‑ Penalty |
| 39-22-10 |
Powers of the director |
| 39-22-11 |
Examination of books and records |
| 39-22-12 |
Officers to administer chapter ‑ House car dealer, manufacturer, and distributor exemption |
| 39-22-13 |
Penalty for violation of chapter |
| 39-22-14 |
Motor vehicle dealer license ‑ Fees ‑ Penalty |
| 39-22-15 |
Established place of business ‑ Penalty |
| 39-22-16 |
Application for new motor vehicle dealer license ‑ Franchise required ‑ Selling vehicles without a franchise ‑ Penalty |
| 39-22-17 |
Additional dealer plates ‑ In‑transit plates ‑ Demonstration plates ‑ Fees ‑ Use of dealer plates ‑ Penalty |
| 39-22-18 |
Renewal of dealer license ‑ Fees ‑ Minimum sales requirement ‑ Penalty |
| 39-22-19 |
Garage liability insurance requirement |
| 39-22-20 |
Display and sale of vehicles by out‑of‑state dealers ‑ Offsite display and sale by instate dealers ‑ Penalty |
| 39-22-21 |
Consignment vehicles ‑ Penalty |
| 39-22-22 |
Operators of motor vehicle display lots ‑ Permit required ‑ Fee ‑ Records required ‑ Penalty |
| 39-22-23 |
Auto auction operators ‑ License required ‑ Records required ‑ Penalty |
| 39-22-24 |
Factory store prohibited ‑ Penalty |
| 39-22-25 |
Direct manufacturer sales prohibited ‑ Penalty |
| 39-22-26 |
Brokering of motor vehicles prohibited ‑ Penalty |
| 39-22-27 |
Collector motor vehicle auctions |
Chapter 39-22.1 - Trailer Dealer's Licensing and Bonding
Chapter 39-22.2 - Wholesale Motor Vehicle Dealers' Licensing [Repealed]
Chapter 39-22.3 - Motor-Powered Recreational Vehicle Dealers
| Section |
Section Name |
| 39-22.3-01 |
Motor‑powered recreational vehicle dealer's license ‑ Fees ‑ Additional number plates |
| 39-22.3-02 |
Application required |
| 39-22.3-03 |
Issuance of license ‑ Conditions ‑ Penalty |
| 39-22.3-04 |
Grounds for denial, suspension, cancellation, or revocation of dealer's license |
| 39-22.3-05 |
Bond required |
| 39-22.3-06 |
Disposition of fees |
| 39-22.3-07 |
Dealer permitting license to be used by another dealer ‑ License revoked ‑ Penalty |
| 39-22.3-08 |
Dealers to furnish information to director |
| 39-22.3-09 |
Powers of the director |
| 39-22.3-10 |
Examination of books and records |
| 39-22.3-11 |
Officers to administer the provisions of chapter |
| 39-22.3-12 |
Penalty for violation of provisions of chapter |
Chapter 39-23 - Vehicle Equipment Safety Compact [Repealed]
Chapter 39-24 - Regulation and Registration of Snowmobiles
| Section |
Section Name |
| 39-24-01 |
Definitions |
| 39-24-02 |
Snowmobile registration ‑ Title certificate ‑ General requirements |
| 39-24-03 |
Registration ‑ Application ‑ Issuance ‑ Fees ‑ Renewal |
| 39-24-03.1 |
Snowmobile safety fees |
| 39-24-04 |
Exemption from registration ‑ Exemption from fees |
| 39-24-05 |
Disposition of registration fees and trail tax ‑ Transfer from highway tax distribution fund |
| 39-24-06 |
Transfer or termination of snowmobile ownership or change of address of owner |
| 39-24-07 |
Licensing by political subdivisions |
| 39-24-08 |
Rules and regulations |
| 39-24-09 |
Rules for operation of snowmobiles |
| 39-24-09.1 |
Operation by individuals - Minimum age |
| 39-24-10 |
Enforcement |
| 39-24-11 |
Penalties |
Chapter 39-24.1 - Snowmobile Operator Regulation
| Section |
Section Name |
| 39-24.1-01 |
Implied consent to determine alcohol concentration and presence of drugs |
| 39-24.1-02 |
Chemical test of operator in serious bodily injury or fatal accident |
| 39-24.1-03 |
Individuals qualified to administer chemical test and opportunity for additional test |
| 39-24.1-04 |
Consent of person incapable of refusal not withdrawn |
| 39-24.1-05 |
Action following chemical test result for a snowmobile operator |
| 39-24.1-06 |
Revocation of privilege to operate snowmobile upon refusal to submit to testing |
| 39-24.1-07 |
Criminal penalties for operating snowmobile while having alcohol or drug concentrations |
| 39-24.1-08 |
Interpretation of chemical tests |
| 39-24.1-09 |
Proof of refusal admissible in any action or proceeding |
| 39-24.1-10 |
Effect of evidence of chemical test |
| 39-24.1-11 |
Liability |
| 39-24.1-12 |
Operation of snowmobile during period of prohibition ‑ Penalty |
| 39-24.1-13 |
Fleeing or attempting to elude a peace officer |
Chapter 39-25 - Regulation of Commercial Driver Training
| Section |
Section Name |
| 39-25-01 |
Definitions |
| 39-25-02 |
Duties of director ‑ Regulations |
| 39-25-02.1 |
Waiver of skill test |
| 39-25-03 |
School ‑ License required ‑ Contents of application for license |
| 39-25-04 |
Instructor ‑ License required ‑ Contents of application for license |
| 39-25-05 |
Expiration and renewal of licenses ‑ Fees |
| 39-25-06 |
Refusal, suspension, or revocation of license |
| 39-25-07 |
Exclusions ‑ Free instruction ‑ Colleges, universities, and high schools |
| 39-25-08 |
Violations and penalties |
Chapter 39-26 - Abandoned Motor Vehicles [Repealed]
Chapter 39-27 - Motorcycle Equipment
Chapter 39-28 - Motorcycle Safety Education
| Section |
Section Name |
| 39-28-01 |
Additional fees for motorized bicycle and motorcycle registration |
| 39-28-02 |
Director to establish standards for motorcycle safety courses |
| 39-28-03 |
Reimbursement for motorcycle safety courses |
| 39-28-04 |
Motorcycle safety promotion |
| 39-28-05 |
Disposition of fees |
Chapter 39-29 - Off-Highway Vehicles
| Section |
Section Name |
| 39-29-01 |
Definitions |
| 39-29-01.1 |
Safety fee ‑ Imposition ‑ Collection by dealer ‑ Payment to department ‑ Use of fee |
| 39-29-02 |
Off‑highway vehicle registration |
| 39-29-03 |
Registration ‑ Application ‑ Issuance ‑ Fees ‑ Renewal |
| 39-29-04 |
Exemption from registration ‑ Exemption from fees |
| 39-29-05 |
Disposition of registration fees and trail tax |
| 39-29-06 |
Transfer or termination of off‑highway vehicle ownership ‑ Change of address of owner |
| 39-29-07 |
Licensing by political subdivisions |
| 39-29-08 |
Rules |
| 39-29-09 |
Operation of off‑highway vehicles |
| 39-29-09.1 |
Equipment |
| 39-29-10 |
Operation by persons under age sixteen |
| 39-29-11 |
Enforcement |
| 39-29-12 |
Penalties |
Chapter 39-29.1 - Low-Speed Vehicles
Chapter 39-29.2 - Unconventional Vehicles
Chapter 39-30 - Motor Vehicle Chop Shops
Chapter 39-31 - Common Household Goods Carriers
| Section |
Section Name |
| 39-31-01 |
Common household goods carrier defined |
| 39-31-02 |
Application of chapter to intrastate commerce |
| 39-31-03 |
Carriers must operate in accordance with law and rules |
| 39-31-04 |
Regulation of common household goods carriers by the department |
| 39-31-05 |
Household goods carriers ‑ Transportation of commodities |
| 39-31-06 |
Household goods carrier ‑ Household goods carrier permit application |
| 39-31-07 |
Notice of opportunity for comment on application |
| 39-31-08 |
Factors to be considered by department in granting certificate |
| 39-31-09 |
Testimony ‑ Issuance of certificate of permit ‑ Conditions |
| 39-31-10 |
Reasonable rates to be made by household goods carriers |
| 39-31-11 |
Permits duration ‑ Transfer |
| 39-31-12 |
Fees ‑ Household goods carrier |
| 39-31-13 |
Regulations furnished to holder of permit |
| 39-31-14 |
Insurance required of carrier ‑ Liability of insurer |
| 39-31-15 |
Deposit of fees |
| 39-31-16 |
Enforcement of chapter |
| 39-31-17 |
Penalty |
Chapter 39-32 - Intrastate Commercial Driver Hours of Service
| Section |
Section Name |
| 39-32-01 |
Definition of intrastate driver |
| 39-32-02 |
Intrastate exemptions from hours of service regulations |
Chapter 39-33 - Driver and Motor Vehicle Record Privacy
Chapter 39-34 - Transportation Company Networks
| Section |
Section Name |
| 39-34-01 |
Agent |
| 39-34-02 |
Fare or fee charged for services |
| 39-34-03 |
Transportation driver requirements |
| 39-34-03.1 |
Transportation network company driver ‑ Independent contractor |
| 39-34-04 |
Personally identifiable information |
| 39-34-05 |
Transportation network company reporting requirements ‑ Legislative management report - Penalty |
| 39-34-06 |
Controlling authority |
| 39-34-07 |
Delivery network driver ‑ Independent contractor |
Title 40 - Municipal Government
Chapter 40-01 - General Provisions
| Section |
Section Name |
| 40-01-01 |
Definitions |
| 40-01-02 |
Municipalities are bodies corporate |
| 40-01-03 |
Judicial notice of existence and change of organization to be taken by courts |
| 40-01-04 |
Vested rights |
| 40-01-05 |
Ordinances and resolutions remain in force ‑ Legal identity not changed |
| 40-01-06 |
Bonds, contracts, and conveyances ‑ How signed and countersigned |
| 40-01-07 |
Property exempt from taxation and sale on execution |
| 40-01-08 |
Removal of building when taxes and special assessments or share of bonded indebtedness are due ‑ Lien ‑ Penalty |
| 40-01-09 |
Official newspaper of municipality |
| 40-01-09.1 |
Publication of city government proceedings ‑ Electorate to decide |
| 40-01-10 |
Certificate of publication filed in auditor's office ‑ Conclusive evidence ‑ When bill for publication audited |
| 40-01-11 |
Publication by a city or park district in which no official newspaper is published |
| 40-01-12 |
Claims and accounts against municipalities audited |
| 40-01-13 |
Payment of accounts by municipality |
| 40-01-14 |
Office of municipality located in more than one county ‑ Form of official proceeding ‑ Seal |
| 40-01-15 |
Assessors where municipality is in more than one county ‑ Powers and duties of assessors |
| 40-01-16 |
Duty of auditor relating to assessments in municipality located in more than one county |
| 40-01-17 |
County treasurers' duties relating to municipality located in more than one county |
| 40-01-18 |
Other provisions applicable to municipalities situated in more than one county |
| 40-01-19 |
Provisions of title shall apply to all cities |
| 40-01-20 |
Daylight saving time prohibited |
| 40-01-21 |
Removal of city advisory or policy decisionmaking members |
| 40-01-22 |
Antitrust immunity of cities and city governing bodies |
| 40-01-23 |
Authorization to organize and participate in an organization of city governments |
| 40-01-24 |
Firefighters may solicit charitable contributions from motorists |
| 40-01-25 |
Prohibition ‑ Connection of utility services |
Chapter 40-01.1 - Local Governance Advisory Study
| Section |
Section Name |
| 40-01.1-01 |
Advisory study of local governance options |
| 40-01.1-02 |
Local advisory study committee |
| 40-01.1-03 |
Cooperative advisory study committee |
| 40-01.1-04 |
Advisory recommendations |
Chapter 40-02 - Incorporation of Municipalities in Unorganized Territory
| Section |
Section Name |
| 40-02-01 |
Requisites for incorporation as city |
| 40-02-02 |
Census required |
| 40-02-03 |
Survey required |
| 40-02-04 |
Survey, map, and census subject to examination ‑ Notice |
| 40-02-05 |
Petition for incorporation ‑ Contents ‑ Census and survey to accompany ‑ Hearing ‑ Notice |
| 40-02-06 |
Board of county commissioners to consider petition |
| 40-02-06.1 |
Appeal of board of county commissioners' action ‑ Scope of review |
| 40-02-07 |
Notice of election |
| 40-02-08 |
Polling hours at election on question of incorporation |
| 40-02-09 |
Form of ballot |
| 40-02-10 |
Election returns ‑ To whom made ‑ Duty of board of county commissioners |
| 40-02-11 |
Division into wards |
| 40-02-12 |
Order of incorporation ‑ Recording ‑ Filing ‑ As evidence |
| 40-02-13 |
Procedure in the case of incorporation of city under the commission system of government |
| 40-02-14 |
Board of county commissioners to establish election precincts |
| 40-02-15 |
Division of property and indebtedness between municipality and township |
| 40-02-16 |
Arbitration of differences between township and newly organized municipality upon division of property and indebtedness |
Chapter 40-03 - Council Cities, Procedure for Incorporation [Repealed]
Chapter 40-03.1 - Change from Council System to Commission System
| Section |
Section Name |
| 40-03.1-01 |
Change from council system of government ‑ Petition required |
| 40-03.1-02 |
City auditor to pass on sufficiency of petition |
| 40-03.1-03 |
Procedure when petition to change from council system of government is filed ‑ Special election ‑ Ballot |
Chapter 40-03.2 - Change from Council System to Modern Council System
| Section |
Section Name |
| 40-03.2-01 |
Change from council system of government ‑ Petition required |
| 40-03.2-02 |
City auditor to pass on sufficiency of petition |
| 40-03.2-03 |
Procedure when petition to change from council system of government is filed ‑ Special election ‑ Ballot |
Chapter 40-04 - Commission Cities, Incorporation and Change
| Section |
Section Name |
| 40-04-01 |
Incorporation as commission city |
| 40-04-02 |
Notice of election |
| 40-04-03 |
Form of ballot |
| 40-04-04 |
Returns and canvass of election ‑ Certificate to secretary of state ‑ Officers to continue until election |
| 40-04-05 |
Patent issued to city by governor |
| 40-04-06 |
Patent to city to be recorded ‑ Use as evidence |
| 40-04-07 |
Special election called to elect city commissioners |
| 40-04-08 |
Change from or to commission system of government ‑ Petition required |
| 40-04-09 |
City auditor to pass on sufficiency of petition to change from commission system of government |
| 40-04-10 |
Procedure upon filing of petition to change from or revert to commission system of government ‑ Election ‑ Ballot |
| 40-04-11 |
Procedure when election favors changing from commission system of government |
Chapter 40-04.1 - Modern Council Form of Government
Chapter 40-05 - Powers of Municipalities
| Section |
Section Name |
| 40-05-01 |
Powers of all municipalities |
| 40-05-01.1 |
Assessment of costs of work done necessary for the general welfare |
| 40-05-01.2 |
Remedies additional and not restrictive |
| 40-05-01.3 |
City traffic ordinances to apply to streets within mobile home parks |
| 40-05-02 |
Additional powers of city council and board of city commissioners |
| 40-05-02.1 |
Parking privileges for handicapped |
| 40-05-02.2 |
City may levy excise tax on nonprofit liquor dealers by ordinance |
| 40-05-03 |
Cities having population of fifteen thousand may provide for regulation and inspection of food markets |
| 40-05-04 |
Powers of village |
| 40-05-05 |
Cities may contract for electrical energy or gas |
| 40-05-06 |
City fines and penalties limited |
| 40-05-07 |
Village fines and penalties limited ‑ Remission |
| 40-05-08 |
Municipal licenses for sale of agricultural products limited ‑ Exception |
| 40-05-09 |
Purchase of firefighting equipment ‑ How paid ‑ Limitations |
| 40-05-09.1 |
Tax levy for fire department stations |
| 40-05-09.2 |
Contracting for fire protection service |
| 40-05-10 |
Municipalities to have powers of townships |
| 40-05-11 |
Foreign city ‑ Power to acquire by right of eminent domain, purchase, lease, own, and hold real estate in this state ‑ Liability |
| 40-05-12 |
Foreign city ‑ Power to sue and defend in courts of this state |
| 40-05-13 |
Foreign city ‑ Power to convey realty ‑ Regulations governing |
| 40-05-14 |
Agreements for construction and maintenance of streets between municipalities and counties |
| 40-05-15 |
Unclaimed motor vehicles ‑ When sale permitted ‑ Bill of sale evidence of title |
| 40-05-16 |
Programs and activities for senior citizens ‑ Expenditure of funds |
| 40-05-17 |
City restriction of adult establishments ‑ Definitions |
| 40-05-18 |
Garbage removal ‑ Number of contractors allowed |
| 40-05-19 |
City funding for animal shelters ‑ Sterilization of animals |
| 40-05-20 |
Programs and activities for handicapped persons ‑ Expenditure of funds |
| 40-05-21 |
Centennial coordinating committee |
| 40-05-22 |
Golf carts on city streets |
| 40-05-23 |
Limitation on authority ‑ Seed |
| 40-05-24 |
Duties of cities granting property tax incentives |
| 40-05-25 |
Cooperative purchasing ‑ Authorized |
| 40-05-26 |
Development by a foreign adversary ‑ Prohibition |
| 40-05-27 |
Floodplain management ordinances ‑ Requirements ‑ Limitations ‑ Definitions ‑ Enforcement |
Chapter 40-05.1 - Home Rule in Cities
| Section |
Section Name |
| 40-05.1-00.1 |
Definitions |
| 40-05.1-01 |
Enabling clause |
| 40-05.1-02 |
Methods of proposing home rule charter |
| 40-05.1-03 |
Charter commission ‑ Membership ‑ Preparation and submission of charter ‑ Compensation and expenses ‑ Publication or distribution |
| 40-05.1-04 |
Submission of charter to electors |
| 40-05.1-05 |
Ratification by majority vote ‑ Supersession of existing charter and state laws in conflict therewith ‑ Exception ‑ Filing of copies of new charter |
| 40-05.1-05.1 |
Multicity home rule |
| 40-05.1-06 |
Powers |
| 40-05.1-06.1 |
Sales tax revenue transfer to school districts prohibited |
| 40-05.1-07 |
Amendment or repeal |
| 40-05.1-07.1 |
Conformance with statute or court order ‑ Amendment |
| 40-05.1-08 |
Commission ‑ Terms of office ‑ Vacancies |
| 40-05.1-09 |
Restriction on proposals to amend or repeal |
| 40-05.1-10 |
Manner of calling and holding elections |
| 40-05.1-11 |
Effect of amendment or repeal on salary or term of office |
| 40-05.1-12 |
Former powers preserved |
| 40-05.1-13 |
Vested property ‑ Claims for relief ‑ Actions saved |
Chapter 40-06 - Governing Body in Municipalities, General Provisions
| Section |
Section Name |
| 40-06-01 |
Jurisdiction of governing body |
| 40-06-02 |
Meetings to be public ‑ Journal of proceedings to be kept ‑ Pledge of allegiance |
| 40-06-03 |
Quorum |
| 40-06-04 |
Reconsidering or rescinding vote at special meeting |
| 40-06-05 |
Rules of procedure ‑ Expelling members |
| 40-06-06 |
Conviction of bribery ‑ Office deemed vacant |
| 40-06-07 |
Exercise of power through ordinance when method of procedure not set out |
| 40-06-08 |
Action on committee reports deferred upon request |
| 40-06-09 |
Change in number of members of city governing body ‑ Election |
Chapter 40-07 - Villages, Governing Body and Other Officers [Repealed]
Chapter 40-08 - Governing Body and Executive Officer in Council Cities
| Section |
Section Name |
| 40-08-01 |
City council ‑ Who constitutes |
| 40-08-02 |
Governing body is judge of election and qualifications of members |
| 40-08-03 |
Number of council members |
| 40-08-03.1 |
Change to ten council members and mayor ‑ Petition required |
| 40-08-03.2 |
City auditor to pass on sufficiency of petition requesting change to ten council members and mayor |
| 40-08-04 |
Election of council members |
| 40-08-04.1 |
Procedure when petition to change to ten council members and mayor is filed ‑ Special election ‑ Ballot |
| 40-08-04.2 |
Election at large of council members from wards ‑ Option |
| 40-08-05 |
Qualifications of council members |
| 40-08-06 |
Term of office of council members ‑ Staggered terms provided for in cities where other than ten council members elected |
| 40-08-06.1 |
Terms of office under ten council members ‑ Staggered terms provided for ‑ Nominating petition requirements |
| 40-08-07 |
Compensation of council members |
| 40-08-08 |
Vacancies on council ‑ How filled |
| 40-08-09 |
Restrictions on members of council |
| 40-08-10 |
Meetings of council ‑ Regular, special, and for organization |
| 40-08-11 |
When president and vice president of council elected |
| 40-08-12 |
Publication of proceedings |
| 40-08-13 |
Presiding officer of council in absence or disability of mayor ‑ President of council |
| 40-08-14 |
Mayor ‑ Qualifications ‑ Term |
| 40-08-15 |
Compensation of mayor |
| 40-08-16 |
Vacancy in office of mayor ‑ Filled by election or by council ‑ President of council to be acting mayor |
| 40-08-17 |
Absence or disability of mayor ‑ Acting mayor |
| 40-08-18 |
Mayor to preside at council meetings ‑ Voting power of mayor |
| 40-08-19 |
Mayor may remove appointive officers ‑ Reasons for removal to be given |
| 40-08-20 |
Mayor may suppress disorder and keep peace |
| 40-08-21 |
Release of prisoners by mayor ‑ Report to council |
| 40-08-22 |
Mayor to perform duties prescribed by law ‑ Enforce laws and ordinances |
| 40-08-23 |
Inspection of books, records, and papers of city by mayor |
| 40-08-24 |
Ordinance or resolution signed or vetoed by mayor |
| 40-08-25 |
Messages to council |
| 40-08-26 |
Mayor may call on residents to aid in enforcing ordinances |
| 40-08-27 |
Police chief and police officers appointed by mayor |
| 40-08-28 |
Mayor may administer oaths |
Chapter 40-09 - Governing Body and Executive Officer in Commission Cities
| Section |
Section Name |
| 40-09-01 |
Board of city commissioners ‑ Composition |
| 40-09-02 |
Governing body is judge of election and qualifications of members |
| 40-09-03 |
Regulations governing election of commissioners |
| 40-09-04 |
Commissioners ‑ Terms ‑ Resignations |
| 40-09-05 |
President and board of commissioners succeed to powers and duties of mayor and council |
| 40-09-06 |
Style of board ‑ Oath and salary of commissioners |
| 40-09-07 |
Bond and oath of commissioner |
| 40-09-08 |
President of board as executive officer ‑ Duties ‑ No veto power |
| 40-09-09 |
Vice president and acting president of board ‑ Powers to act |
| 40-09-10 |
Filling vacancies in board |
| 40-09-11 |
Meetings of board ‑ Regular and special ‑ Action on departmental matters |
| 40-09-12 |
Departments of administration of city divided among commissioners ‑ Duties |
| 40-09-13 |
Accounts ‑ Audited by respective commissioners ‑ Approved by board |
| 40-09-14 |
Rules and regulations governing departments and agencies of city made by board |
| 40-09-15 |
Special police ‑ President of board may call ‑ Powers |
| 40-09-16 |
Board may summon and compel attendance of witnesses and books ‑ Punish for contempt ‑ Process |
| 40-09-17 |
Restrictions on members of board |
Chapter 40-10 - City Manager Plan
| Section |
Section Name |
| 40-10-01 |
Petition for city manager ‑ Contents ‑ Notice of election ‑ Election |
| 40-10-02 |
Vote required to adopt plan ‑ Effective date |
| 40-10-03 |
City manager ‑ How selected ‑ Qualifications ‑ Compensation ‑ Term |
| 40-10-04 |
Removal of city manager ‑ Summary proceedings ‑ Charges brought ‑ Suspension ‑ Absence or disability of city manager |
| 40-10-05 |
Powers of governing body |
| 40-10-06 |
Duties of city manager |
| 40-10-07 |
Conflict of powers and duties of city manager and other officers ‑ Who to govern |
| 40-10-08 |
Election to determine question of retention of city manager plan ‑ Procedure thereafter |
Chapter 40-11 - Ordinances
| Section |
Section Name |
| 40-11-01 |
Enacting clause for ordinances |
| 40-11-02 |
Procedure in passing ordinances |
| 40-11-03 |
Yea and nay vote on passage ‑ When required |
| 40-11-04 |
Ordinance required for the transfer of property |
| 40-11-04.1 |
Real property transfer requirements |
| 40-11-04.2 |
Transfer of real property by exclusive and nonexclusive listing agreements |
| 40-11-05 |
Ordinances and resolutions adopted in council cities ‑ Mayor's veto power ‑ Reconsideration after veto |
| 40-11-06 |
Publication of ordinances |
| 40-11-07 |
Effective date of ordinances |
| 40-11-08 |
Ordinance book required ‑ Ordinance book and certified copies of ordinances as evidence |
| 40-11-09 |
Enactment and revision of ordinances |
| 40-11-09.1 |
Presumption of regular adoption, enactment, or amendment of resolution or ordinance |
| 40-11-10 |
Action for violation of ordinance in corporate name ‑ Previous prosecution, recovery, or acquittal no defense |
| 40-11-11 |
Summons to issue on violation of ordinance ‑ When warrant of arrest to issue |
| 40-11-12 |
Commitment of guilty person for nonpayment of fines or costs |
| 40-11-13 |
Fines and forfeitures for violation of ordinances paid into treasury |
Chapter 40-12 - Initiative and Referendum
| Section |
Section Name |
| 40-12-01 |
Initiative and referendum apply only in commission and modern council cities |
| 40-12-02 |
Submission of proposed ordinance by petition ‑ Filed with city auditor ‑ Request in petition |
| 40-12-03 |
Requirements of petitions for initiative and referendum |
| 40-12-04 |
Signatures to petition ‑ Requirements ‑ Oath ‑ Withdrawal |
| 40-12-05 |
City auditor to determine sufficiency of initiative petition ‑ Certificate attached to petition |
| 40-12-06 |
Duty of governing body after receiving petition for proposed ordinance |
| 40-12-07 |
Adoption of proposed ordinance ‑ Effect ‑ Repeal or amendment of initiated ordinance |
| 40-12-08 |
Petition to refer ordinance ‑ Suspension of ordinance ‑ Requirements of petition |
| 40-12-09 |
Referred measure ‑ Submission ‑ Result of election |
| 40-12-10 |
No limitation on number of ordinances that may be voted on at one election ‑ Limitation on special elections |
| 40-12-11 |
Publication of proposed or referred ordinance or proposition before election |
| 40-12-12 |
Form of ballots to be used in voting on initiated or referred ordinance |
| 40-12-13 |
Propositions submitted for repeal or amendment to initiated or referred ordinance ‑ Election ‑ Vote required |
Chapter 40-13 - General Provisions Governing Officers in Municipalities
| Section |
Section Name |
| 40-13-01 |
Qualifications of elective and appointive officers |
| 40-13-02 |
Bonds of city officials ‑ Requirements ‑ Approvals ‑ Additional bonds |
| 40-13-03 |
Oaths of municipal officers |
| 40-13-04 |
Salaries of officers and employees fixed by ordinance ‑ Diminution of officers' salaries during term prohibited |
| 40-13-05 |
Officers not to be interested in contracts or work of municipality ‑ Exception |
| 40-13-05.1 |
Municipal officers ‑ Contracts ‑ Disclosure required ‑ Penalty |
| 40-13-06 |
Penalty for illegal interest in contract of municipality ‑ Contract void |
| 40-13-07 |
Office deemed vacant on removal from municipality or failure to qualify |
| 40-13-08 |
Vacancy existing in appointive office ‑ How filled |
| 40-13-09 |
Vacancies to be filled for unexpired term |
| 40-13-10 |
Delivery of property, books, and other effects to successor in office |
| 40-13-11 |
Additional duties, powers, and privileges of officers may be defined by ordinance |
| 40-13-12 |
Municipal officers liable to criminal prosecution ‑ Fine ‑ Removal from office |
| 40-13-13 |
Nepotism by city officials restricted |
Chapter 40-14 - Officers in Council Cities, General
| Section |
Section Name |
| 40-14-01 |
Officers to be elected in council cities |
| 40-14-02 |
Terms of elective officers |
| 40-14-03 |
When term of elective officer begins |
| 40-14-04 |
Appointive officers in council cities ‑ Appointment of more than one assessor |
| 40-14-05 |
Term of appointive officers |
| 40-14-06 |
Officers commissioned by warrant ‑ City auditor to receive certificate of appointment |
| 40-14-07 |
Holding of other offices by city auditor prohibited |
Chapter 40-15 - Officers in Commission Cities, General
| Section |
Section Name |
| 40-15-01 |
Officers to be elected in commission cities |
| 40-15-02 |
Terms of elective officers |
| 40-15-03 |
When term of elective officers begins |
| 40-15-04 |
Extension of terms of officers in commission cities elected to terms expiring in 1943 and 1945 |
| 40-15-05 |
Appointive officers in commission cities ‑ Right to dispense with offices |
| 40-15-06 |
Term of appointive officers |
| 40-15-07 |
Appointive officers ‑ Removal upon hearing ‑ Suspension ‑ Appointment and removal of temporary officer |
Chapter 40-16 - City Auditor
| Section |
Section Name |
| 40-16-01 |
Office of city auditor ‑ Location ‑ Salary |
| 40-16-02 |
Deputy auditor ‑ Appointment ‑ Duties ‑ Liability |
| 40-16-03 |
Duties of city auditor in general |
| 40-16-04 |
Reports of city auditor |
| 40-16-05 |
Auditor to publish statement |
| 40-16-06 |
Claims and demands against city filed with auditor ‑ Duty of auditor |
| 40-16-07 |
Auditor may take testimony |
| 40-16-08 |
Auditor a member of board of public works in commission city |
| 40-16-09 |
Copies of books, records, and transcripts of records of city auditor as evidence |
| 40-16-10 |
Destruction of city records |
| 40-16-11 |
Funds ‑ Controlled by governing body ‑ Exceptions ‑ Disbursement on order |
| 40-16-12 |
Special funds not to be paid out for any other purpose |
| 40-16-13 |
Warrants ‑ Cancellation ‑ Destruction ‑ Description in minutes |
| 40-16-14 |
Auditor not to commingle city's money ‑ Violation forfeits office |
| 40-16-15 |
Assume the duties of the city treasurer |
| 40-16-16 |
Delegation of powers and duties |
Chapter 40-17 - City Treasurer [Repealed]
Chapter 40-18 - Municipal Judges [Repealed]
Chapter 40-18.1 - Municipal Courts
| Section |
Section Name |
| 40-18.1-01 |
Establishment of a municipal court |
| 40-18.1-02 |
Jurisdiction |
| 40-18.1-03 |
Fitness to proceed |
| 40-18.1-04 |
Criminal responsibility |
| 40-18.1-05 |
Election of municipal judge ‑ Qualifications |
| 40-18.1-06 |
Demand for change of judge |
| 40-18.1-07 |
Vacancy in office of municipal judge ‑ Disqualification ‑ Temporary absence of municipal judge |
| 40-18.1-08 |
Clerk of municipal court |
| 40-18.1-09 |
City prosecutor |
| 40-18.1-10 |
Change of venue ‑ Reliable electronic means |
| 40-18.1-11 |
Costs and fees |
| 40-18.1-12 |
Action for violation of ordinance in corporate name ‑ Previous prosecution, recovery, or acquittal no defense |
| 40-18.1-13 |
Summons to issue on violation of ordinance ‑ When warrant of arrest to issue |
| 40-18.1-14 |
Commitment for nonpayment of fines or costs |
| 40-18.1-15 |
Fines, fees, and forfeitures for violation of ordinances paid into city general fund |
| 40-18.1-16 |
Diagnosis and treatment of individuals convicted of driving while under the influence |
| 40-18.1-17 |
Sentencing alternatives ‑ Suspension of sentence or imposition of sentence |
| 40-18.1-18 |
Transfer to district court ‑ Expenses of prosecution ‑ Division of funds and expenses among city, county, and state |
| 40-18.1-19 |
Appeals from determinations of municipal judge not in courts of record |
| 40-18.1-20 |
Appeals from determinations of municipal judge in courts of record |
| 40-18.1-21 |
Municipal judge may enforce orders and judgments and punish for contempt |
| 40-18.1-22 |
Judgment for fines, fees, or costs ‑ Procedure |
| 40-18.1-23 |
Transfer of municipal ordinance cases to district court |
| 40-18.1-24 |
Abolition of municipal court in a city with a population of fewer than five thousand |
| 40-18.1-25 |
Abolition of municipal court in a city with a population of five thousand or more |
| 40-18.1-26 |
Compliance with rules adopted by the supreme court |
Chapter 40-19 - Assessors
| Section |
Section Name |
| 40-19-01 |
Duties of city assessor |
| 40-19-02 |
City assessor may list property prior to April first ‑ Duty of county auditor |
| 40-19-03 |
Return of assessment roll by city assessor |
| 40-19-04 |
Compensation of village assessor |
Chapter 40-20 - City Attorney, Engineer, Chief of Police, and Police Officers
| Section |
Section Name |
| 40-20-01 |
City attorney ‑ Duties ‑ Docket |
| 40-20-02 |
Assistant city attorneys ‑ Appointment ‑ Special counsel authorized |
| 40-20-03 |
City engineer ‑ Qualifications ‑ Duties ‑ Compensation ‑ Plans or surveys ‑ Preservation and transfer to successor |
| 40-20-04 |
When city engineer or chief of police to be street commissioner |
| 40-20-05 |
Chief of police and police officers ‑ Powers and duties ‑ Hot pursuit |
| 40-20-06 |
Arrest by chief of police or policeman outside of city ‑ Fees |
| 40-20-07 |
Municipalities to furnish blue uniforms to police officers |
Chapter 40-21 - Municipal Elections
| Section |
Section Name |
| 40-21-01 |
Qualified electors in municipal election ‑ Restrictions |
| 40-21-02 |
City elections ‑ When held ‑ Notice ‑ Polls ‑ Agreements with counties ‑ Judges and inspectors |
| 40-21-03 |
Elections in council cities ‑ Polling places ‑ Polls open ‑ Notice ‑ Judges, clerks, and inspectors ‑ Agreements with counties |
| 40-21-03.1 |
Designation of polling places for municipal elections |
| 40-21-04 |
Annual election held in villages ‑ Board of trustees to be inspectors |
| 40-21-05 |
Compensation of inspectors, judges, and clerks at municipal elections |
| 40-21-06 |
Reference to party ballot or affiliation in petition of candidate for municipal office prohibited |
| 40-21-07 |
Petition for nomination of elective official in cities ‑ Signatures required ‑ Withdrawal of petition ‑ Contents |
| 40-21-08 |
Ballots in municipalities ‑ Arrangement |
| 40-21-09 |
Election districts in council cities ‑ Division and consolidation by ordinance ‑ Ballots to be kept separate by wards |
| 40-21-10 |
Registration of voters |
| 40-21-11 |
Clerks appointed to fill vacancies ‑ Oath, powers, and duties of judges and clerks of municipal elections |
| 40-21-12 |
Counting ballots ‑ Returns ‑ Canvass of returns by governing body of municipality |
| 40-21-13 |
Municipal elections to be governed by rules applicable to county elections ‑ Absent voting |
| 40-21-14 |
City auditor to notify of election or appointments |
| 40-21-15 |
New election upon failure to elect |
| 40-21-16 |
Special elections conducted in same manner as general elections |
| 40-21-16.1 |
City canvassing board ‑ Composition |
| 40-21-17 |
Highest number of votes elects in municipal election ‑ Procedure on tie vote |
Chapter 40-22 - Improvements by Special Assessment Method
| Section |
Section Name |
| 40-22-01 |
Power of municipalities to defray expense of improvements by special assessments |
| 40-22-01.1 |
Restoration of property damaged in flood control or during a declared disaster or emergency ‑ Special assessments for costs |
| 40-22-01.2 |
Municipal policy providing special assessment determination methods for allocation of assessments among and within classes of property |
| 40-22-01.3 |
Power of municipality to defray expense of improvements ‑ Infrastructure fee |
| 40-22-02 |
Sewerage system ‑ Establishment, maintenance, and alteration ‑ Vote required |
| 40-22-03 |
Acquiring property for sewers, water mains, and water supply beyond corporate limits |
| 40-22-04 |
Discharge of sewage ‑ Regulations governing |
| 40-22-05 |
Condemnation of land and rights of way for special improvements ‑ Taking of possession ‑ Trial ‑ Appeal ‑ Vacation of judgment |
| 40-22-06 |
Agreement with state agency, county, water resource district, or federal agency for certain improvements |
| 40-22-06.1 |
Cities with population of over ten thousand may enter into agreement with highway department or county for certain improvements |
| 40-22-07 |
Dispensing with preliminary requirements in making improvements in conjunction with highway department or county |
| 40-22-08 |
Improvement districts to be created |
| 40-22-09 |
Size and form of improvement districts ‑ Regulations governing |
| 40-22-10 |
Engineer's report required ‑ Contents |
| 40-22-11 |
Approval of plans, specifications, and estimates ‑ Approval establishes grade of street |
| 40-22-12 |
Requirements of plans, specifications, and estimates when improvement is paving or beautification of streets |
| 40-22-13 |
Municipal engineer to retain copy of plans, specifications, and estimates ‑ Sale of copies |
| 40-22-14 |
Plans, specifications, and estimates filed in office of city auditor |
| 40-22-15 |
Resolution declaring improvements necessary ‑ Exception for sewer and water improvements ‑ Contents of resolution ‑ Publication of resolution |
| 40-22-16 |
Sewer or water improvements and parking lots in municipalities may be paid for by service charges |
| 40-22-17 |
Protest against resolution of necessity ‑ Meeting to hear protest |
| 40-22-18 |
Protest bar to proceeding ‑ Invalid or insufficient protests ‑ Payment of costs ‑ Tax levy |
| 40-22-19 |
Contract proposals |
| 40-22-20 |
Bid to be accompanied by a bond ‑ Bond retained upon failure of bidder to contract ‑ Amount of bond |
| 40-22-21 |
Bidder's bond ‑ Required ‑ Amount |
| 40-22-22 |
Execution of bidder's bond |
| 40-22-23 |
Conditions of bidder's bond |
| 40-22-24 |
Bids ‑ Filing ‑ Sealing ‑ Endorsing ‑ Opening ‑ Considering |
| 40-22-25 |
Opening of bids ‑ Bids to be entered on minutes ‑ Final action on bids to be deferred |
| 40-22-26 |
Petition by property owners to have paving of certain material ‑ Contents |
| 40-22-27 |
Rejection of bids ‑ Readvertising for bids or construction by municipality without contract ‑ Re-evaluation of project |
| 40-22-28 |
Determination of kind of paving after bids are considered |
| 40-22-29 |
Engineer's statement of estimated cost required ‑ Governing body to enter into contracts |
| 40-22-30 |
Contractor's bond ‑ Execution |
| 40-22-31 |
Conditions of contractor's bond |
| 40-22-32 |
Approval of bonds ‑ Return of bidder's bond |
| 40-22-33 |
Failure to execute contractor's bond |
| 40-22-34 |
Insufficiency of bonds ‑ New bonds required ‑ Failure to furnish |
| 40-22-35 |
Execution and filing of contract |
| 40-22-36 |
Contracts ‑ Conditions and terms |
| 40-22-37 |
Contractor shall be paid during progress of work ‑ Retainage ‑ Failure to pay ‑ Rate of interest ‑ Investment of retainage |
| 40-22-38 |
Application of chapter to waterworks and water mains ‑ Acquisition of waterworks, sewage treatment and disposal plants, and sewer systems |
| 40-22-39 |
Abbreviations, letters, or figures may be used in proceedings for levy and collection of special assessments |
| 40-22-40 |
City auditor to keep complete record of improvements ‑ Record as evidence |
| 40-22-41 |
Validation |
| 40-22-42 |
Confirmation of certain proceedings for city and village improvements |
| 40-22-43 |
Defects and irregularities in improvement proceedings are not fatal |
| 40-22-44 |
Discontinuance of municipal parking lots |
| 40-22-45 |
Equalization of original assessment |
| 40-22-46 |
Payment of outstanding warrants ‑ Deposits of surplus in general fund ‑ General fund liable for any outstanding warrants |
Chapter 40-22.1 - Special Assessments for Promotion of Business Activity
| Section |
Section Name |
| 40-22.1-01 |
Improvements by special assessments for business promotion |
| 40-22.1-02 |
Improvement districts to be created |
| 40-22.1-03 |
Size and form of improvement district ‑ Regulations governing |
| 40-22.1-04 |
Auditor's report required ‑ Contents |
| 40-22.1-05 |
Approval of plans, specifications, and estimates |
| 40-22.1-06 |
Resolution declaring improvements necessary ‑ Contents of resolution ‑ Publication of resolution |
| 40-22.1-07 |
Protest against resolution of necessity ‑ Meeting to hear protest |
| 40-22.1-08 |
Protest bar to proceeding ‑ Invalid or insufficient protest ‑ Payment of costs ‑ Tax levy |
| 40-22.1-09 |
Execution and filing of contracts |
| 40-22.1-10 |
Contracts ‑ Conditions and terms |
| 40-22.1-11 |
Abbreviations, letters, and figures may be used in proceedings for levy and collection of special assessments |
| 40-22.1-12 |
City auditor to keep complete record of improvements ‑ Record as evidence |
| 40-22.1-13 |
Defects and irregularities in improvement proceedings are not fatal |
| 40-22.1-14 |
City auditor's statement of estimated cost required ‑ Governing body to enter into contracts |
Chapter 40-23 - Assessment of Benefits
| Section |
Section Name |
| 40-23-01 |
Special assessment commission ‑ Appointment of members ‑ Terms of office |
| 40-23-02 |
Commissioners ‑ Appointments subject to confirmation ‑ Qualifications ‑ Chairman ‑ Compensation |
| 40-23-03 |
Removal of commissioners ‑ Filling vacancies |
| 40-23-04 |
Municipal officers and employees to advise commission |
| 40-23-05 |
Notice to special assessment commission |
| 40-23-06 |
Assessments in improvement districts before work completed |
| 40-23-07 |
Determination of special assessments by commission ‑ Political subdivisions not exempt |
| 40-23-07.1 |
Validation of prior assessments |
| 40-23-07.2 |
Assessment of common area in townhouse development |
| 40-23-08 |
Assessments collected by suit from beneficial user of exempt property |
| 40-23-09 |
Assessment list to be prepared ‑ Contents ‑ Certificate attached to assessment list |
| 40-23-10 |
Notice of assessments and notice of hearing of objections |
| 40-23-11 |
Alteration of assessments at hearing ‑ Limitations |
| 40-23-12 |
Confirmation of assessment list after hearing ‑ Filing list |
| 40-23-13 |
Publication of notice of confirmation of assessment list and meeting for action upon assessments |
| 40-23-14 |
Aggrieved person may file notice of appeal |
| 40-23-15 |
Governing body to hear and determine appeals and objections to assessments ‑ Altering assessments ‑ Limitations |
| 40-23-16 |
Confirmation of assessment list by governing body ‑ Certifying and filing list |
| 40-23-17 |
Authority to levy assessments on property not originally assessed |
| 40-23-18 |
Assessments on property within the corporate limits |
| 40-23-19 |
Assessments on annexed property for previous benefits |
| 40-23-20 |
Equalization of original assessments |
| 40-23-21 |
Use of collections of subsequent assessments |
| 40-23-22 |
State property subject to special assessments |
| 40-23-22.1 |
City flood control special assessment exemption for state property ‑ Limitations |
| 40-23-23 |
Assessments for parking improvements |
| 40-23-24 |
Audit of certain special assessment improvements |
| 40-23-25 |
Future assessments on annexed property |
Chapter 40-23.1 - Alternative Allocation of Special Assessments
| Section |
Section Name |
| 40-23.1-01 |
Improvement district ‑ All property to be assessed ‑ Basis |
| 40-23.1-02 |
Improvement district ‑ Zones |
| 40-23.1-03 |
Assessment rate per square foot |
| 40-23.1-04 |
Levy of assessments ‑ Items included in cost of improvement |
| 40-23.1-05 |
Parking lots ‑ Ascertaining assessments |
| 40-23.1-06 |
Political subdivisions not exempt from special assessments |
| 40-23.1-07 |
Assessment list to be prepared ‑ Contents ‑ Certificate attached to assessment list |
| 40-23.1-08 |
Publication of assessment list and notice of hearing of objections to list |
| 40-23.1-09 |
Alteration of assessments at hearing ‑ Limitations |
| 40-23.1-10 |
Confirmation of assessment list after hearing ‑ Filing list |
| 40-23.1-11 |
Publication of notice of confirmation of assessment list and meeting for action upon assessments |
| 40-23.1-12 |
Aggrieved person may file notice of appeal |
| 40-23.1-13 |
Governing body to hear and determine appeals and objections to assessments ‑ Altering assessments ‑ Limitations |
Chapter 40-24 - Special Assessment Funds and Disbursements Thereof
| Section |
Section Name |
| 40-24-01 |
Lien of special assessment ‑ Attaches on approval of assessment list ‑ Subject only to general tax lien |
| 40-24-02 |
Payment of special assessments ‑ Interest |
| 40-24-03 |
Lien between vendor and vendee of special assessments |
| 40-24-04 |
Sewer special assessments extended over a period of not more than thirty years |
| 40-24-05 |
Water main and waterworks special assessments extended over a period of not more than thirty years |
| 40-24-06 |
Paving and repaving special assessments extended over a period of not more than thirty years |
| 40-24-07 |
Street improvement assessments extended over a period of not more than thirty years |
| 40-24-08 |
Assessments for street beautification extended over a period of not more than ten years |
| 40-24-09 |
Payments in full of assessments ‑ Payments to county treasurer or city auditor ‑ Receipts |
| 40-24-10 |
One‑fifth of cost of improvement may be paid by general assessment within constitutional debt limit |
| 40-24-11 |
Certification of assessments to county auditor |
| 40-24-12 |
City auditor to insert amount of improvements in county real estate book or other forms ‑ Regulations governing |
| 40-24-13 |
Governing body to provide compensation for special assessment commission in making divisions of special assessments |
| 40-24-14 |
Extension of special assessments on tax lists ‑ Collection ‑ Payment over to municipality |
| 40-24-15 |
Special assessment record book kept by county auditor ‑ Assessments certified for more than one year |
| 40-24-16 |
County treasurer to certify and receipt for amount of special assessments collected ‑ Contents of certificate ‑ Procedure for abatement |
| 40-24-17 |
Interest and penalties added to special assessments ‑ County treasurer to collect and pay over |
| 40-24-18 |
Special improvement moneys to be kept separate ‑ Designation and numbering of funds ‑ Diversion of moneys prohibited |
| 40-24-19 |
Warrants and improvement bonds ‑ Issuance ‑ When payable ‑ Amounts ‑ Temporary warrants and temporary improvement bonds ‑ Interest ‑ Interest coupons ‑ Negotiability ‑ Eligibility as investments |
| 40-24-20 |
Contents of warrants |
| 40-24-21 |
Warrants may be used as payment to contractor |
| 40-24-22 |
Payment and cancellation of warrants by city auditor |
| 40-24-23 |
Matured improvement warrants or interest coupons may be used to pay special assessments |
| 40-24-24 |
Validation |
Chapter 40-25 - Collection of Special Assessments - Obligations of Municipality
| Section |
Section Name |
| 40-25-01 |
Sale of real property to enforce collections of delinquent special assessments |
| 40-25-02 |
Sale of property if both general and special assessment taxes are delinquent ‑ Absence of private bid |
| 40-25-03 |
Foreclosure of property if only special assessment is delinquent |
| 40-25-04 |
Owners of tax sale certificates issued prior to March 17, 1937, not affected |
| 40-25-05 |
Failure to have general taxes and special assessments sold separately not negligence of municipality |
| 40-25-06 |
Negligence must be proved as fact |
| 40-25-07 |
Measure of damages when negligence of taxing district shown |
| 40-25-08 |
Retroactive effect of sections 40‑25‑05, 40‑25‑06, and 40‑25‑07 |
| 40-25-09 |
Purchase of tax sale certificate by municipality from county ‑ Assignment and redemption |
| 40-25-10 |
Tax deed to municipality holding tax sale certificate for general taxes |
Chapter 40-26 - Correction, Reassessments, and Fund Deficiencies
| Section |
Section Name |
| 40-26-01 |
Courts to review levy and apportionment of special assessments - De novo review for agricultural property assessments |
| 40-26-02 |
Correcting errors, mistakes, and deficiencies in special assessments |
| 40-26-03 |
Reassessment ‑ Regulations governing ‑ Enforcement and collection |
| 40-26-04 |
Reassessment made upon refusal of judgment for collection of special assessments or assessment declared void |
| 40-26-05 |
Supreme court setting aside judgment ‑ Effect ‑ Reassessment |
| 40-26-06 |
Error or omission does not vitiate assessment ‑ Assessment altered if substantial injury has been done |
| 40-26-07 |
Actions to restrain collection of special assessments, avoid tax judgments ‑ Duty of court |
| 40-26-08 |
Municipality liable generally for deficiencies in special improvement fund |
Chapter 40-27 - Funding and Refunding Special Assessment Warrants
| Section |
Section Name |
| 40-27-01 |
Municipality may issue bonds to purchase special assessment warrants |
| 40-27-02 |
Issuance of funding bonds ‑ Question need not be submitted to electors nor to board of budget review |
| 40-27-03 |
Funding bonds to mature serially ‑ When installments fall due |
| 40-27-04 |
Bonds to be general obligations of municipality |
| 40-27-05 |
Special fund for payment of bonds issued for purchase of special assessment warrants ‑ Tax levy |
| 40-27-06 |
Refunding special assessment warrants or bonds ‑ Purpose for which issuable |
| 40-27-07 |
Refunding warrants or bonds authorized by resolution ‑ Contents of resolution |
| 40-27-08 |
Contents of refunding warrants and bonds ‑ Redemption ‑ Negotiability ‑ Eligibility as investments |
| 40-27-09 |
Sale or exchange of refunding warrants or bonds ‑ Issuance ‑ Agreement by governing body to exchange |
| 40-27-10 |
Expense of issuing refunding special assessment warrants or bonds chargeable to special improvement fund |
| 40-27-11 |
Special fund created for payment of refunding special assessment warrants or bonds ‑ Procedure on paying refunded warrants or bonds |
| 40-27-12 |
Rights of warrantholders or bondholders to be preserved ‑ Tax levy for deficiency ‑ When levied |
| 40-27-13 |
Refunding callable funding bonds or refunding warrants ‑ Terms and conditions |
Chapter 40-28 - Service Connections
| Section |
Section Name |
| 40-28-01 |
Connections with sewers and other mains ‑ Service connections |
| 40-28-02 |
Notice to owner or occupant to construct service connection pipes or wires |
| 40-28-03 |
Municipality may contract work when property owner fails to make service connections as required |
| 40-28-04 |
Assessments extended over period of from one year to five years ‑ Certification of assessments |
| 40-28-05 |
Sewer and water connections assessment fund ‑ Warrants ‑ Payment |
| 40-28-06 |
Plans and specifications ordered for service connections |
| 40-28-07 |
Bids for service connections |
| 40-28-08 |
Bond required of successful bidder for making service connections ‑ Amount ‑ Conditions ‑ Approval |
| 40-28-09 |
Contracts for making service connections ‑ Execution ‑ Contents |
| 40-28-10 |
Contractor may be paid from time to time on estimates |
| 40-28-11 |
Duties of street commissioner in certain cities |
Chapter 40-29 - Sidewalks
| Section |
Section Name |
| 40-29-01 |
Width, materials, and manner of construction of sidewalks prescribed by ordinance |
| 40-29-02 |
Duty of property owners to maintain sidewalks |
| 40-29-03 |
Notice to construct, rebuild, or repair sidewalks |
| 40-29-04 |
Power of municipality upon failure of property owner to comply with notice |
| 40-29-05 |
Assessment of expense |
| 40-29-06 |
Assessment of expense in villages |
| 40-29-07 |
Bids for sidewalks |
| 40-29-08 |
Awarding contract for sidewalks |
| 40-29-09 |
City auditor to deliver assessment rolls to county auditor ‑ Extension ‑ Collection |
| 40-29-10 |
Review of assessments ‑ Assessment book |
| 40-29-11 |
Payment of assessments ‑ Interest |
| 40-29-12 |
Procedure for making limited repairs to sidewalks |
| 40-29-13 |
Sidewalks repaired or constructed in municipalities not to be paid for by general taxation ‑ Exception |
| 40-29-14 |
Sidewalk special fund ‑ Warrants drawn upon ‑ Levy |
| 40-29-15 |
Warrants ‑ Payable ‑ Interest ‑ Contents ‑ Signed ‑ Uses |
| 40-29-16 |
City auditor to pay warrants from special fund |
| 40-29-17 |
Property owners petition for drainage and construction or repair of streets and sidewalks ‑ Requirements |
| 40-29-18 |
Snow and ice removal from sidewalks ‑ Assessment ‑ Street commissioner to make and file assessment list |
| 40-29-19 |
Notice of meeting of governing body to confirm snow and ice removal report and assessment |
| 40-29-20 |
Hearing on snow and ice removal assessment ‑ Confirmation ‑ Certificate attached to assessment list |
| 40-29-21 |
Priority |
Chapter 40-30 - Special Streetlighting in Cities
| Section |
Section Name |
| 40-30-01 |
Special streetlighting system authorized |
| 40-30-02 |
Procedure to install special streetlighting system |
| 40-30-03 |
Assessment for cost of streetlighting |
Chapter 40-31 - Construction and Repair of Curbing and Gutters in Cities
| Section |
Section Name |
| 40-31-01 |
Governing body to prescribe plans and specifications for curbing by ordinance or resolution |
| 40-31-01.1 |
Ramped curbing for wheelchairs |
| 40-31-02 |
City to build curbing ‑ Assessment of expense ‑ Notice of assessment ‑ Approval by governing body |
| 40-31-03 |
Requirements as to certified or cashier's check and bidder's bond accompanying bids |
| 40-31-04 |
Letting contracts for curbing |
| 40-31-05 |
Procedure for making limited repairs to curbing |
| 40-31-06 |
Assessment book for curbing repairs ‑ Review of assessments ‑ Extension ‑ Collection |
| 40-31-07 |
Curbing not to be paid for by general taxation ‑ Exception |
| 40-31-08 |
Curbing special fund ‑ Warrants drawn upon ‑ Levy |
| 40-31-09 |
Warrants ‑ Payable ‑ Interest coupons ‑ Contents ‑ Uses |
| 40-31-10 |
City auditor to pay warrants from special fund |
Chapter 40-32 - Boulevards in Cities and Park Districts
| Section |
Section Name |
| 40-32-01 |
Construction and maintenance of boulevards ‑ Notice to owner ‑ Contents of notice |
| 40-32-02 |
Service of notice to construct or repair |
| 40-32-03 |
Objections to improvements ‑ Considering validity |
| 40-32-04 |
Improvement ‑ When made ‑ Expenses |
| 40-32-05 |
Limitation on making improvement |
| 40-32-06 |
Assessment of cost of improvement |
| 40-32-07 |
Letting contracts for improvements ‑ Special or general contracts ‑ Regulations governing |
| 40-32-08 |
Boulevard assessment book ‑ Entries ‑ Review of assessments |
| 40-32-09 |
Boulevard assessment fund ‑ Warrants drawn ‑ Regulations governing |
| 40-32-10 |
Park commissioners may exercise same powers as governing body |
| 40-32-11 |
Provisions not exclusive |
Chapter 40-33 - Municipal Utilities
| Section |
Section Name |
| 40-33-01 |
Electric light, telephone, natural and artificial gas plants, pipelines and distribution systems, and power plants ‑ Municipalities may purchase, erect, construct, maintain, sell, or lease |
| 40-33-02 |
Acquiring, erecting, or improving plant, system, or line without election prohibited ‑ Exceptions |
| 40-33-03 |
Sale or lease of plant, system, or line ‑ Offer or written proposition ‑ Election ‑ Proceeds |
| 40-33-04 |
Manner of payment of purchase, erection, improvement, or leasing of plant, system, or line |
| 40-33-05 |
Payment of cost of plant, system, or line by special assessment warrants ‑ Payment of assessments ‑ Interest |
| 40-33-06 |
Payment of cost of improvement by general taxation |
| 40-33-07 |
Issuance of bonds ‑ Election required |
| 40-33-08 |
Questions and propositions may be voted upon at same election and may be contained on one ballot |
| 40-33-09 |
Extension of municipal lighting, heating, or power system, or gas works by special assessment method |
| 40-33-10 |
Municipal utilities fund ‑ Contents ‑ Kept separate from other funds ‑ Use and disbursement |
| 40-33-11 |
Payments out of municipal utilities fund ‑ Limitations |
| 40-33-12 |
Surplus in municipal utilities fund ‑ How expended |
| 40-33-13 |
Municipality may sell surplus electricity or water outside of municipal limits |
| 40-33-14 |
Contract to supply surplus water or electricity outside of municipal limits |
| 40-33-15 |
Proceedings instituted under existing law ‑ How completed |
| 40-33-16 |
Municipality may purchase water for distribution |
| 40-33-17 |
City may contract for water treatment plant |
| 40-33-18 |
Resolution authorizing contract ‑ Payment solely through net revenue ‑ Issuance of revenue bonds or of certificates evidencing indebtedness under contract |
| 40-33-19 |
Agreements authorized ‑ Special rates and charges |
| 40-33-20 |
Indebtedness not general obligation of municipality ‑ Conditional sales authorized |
| 40-33-21 |
Powers conferred are supplementary |
| 40-33-22 |
Joint construction and operation of gas transmission or distribution systems or plants |
| 40-33-23 |
Sale of gas outside municipalities |
| 40-33-24 |
Funds of jointly operated utilities |
| 40-33-25 |
Surplus funds of jointly operated utility |
| 40-33-26 |
Municipal transportation system ‑ Resolution |
| 40-33-27 |
Municipal transportation system ‑ Bonds |
| 40-33-28 |
Municipal transportation system ‑ Bond limitations |
| 40-33-29 |
Municipal transportation system ‑ Application ‑ Intent |
| 40-33-30 |
Right of municipal electric utilities and municipal power agencies to construct, own, and maintain electric transmission lines |
Chapter 40-33.1 - Municipal Steam Heating Authorities
| Section |
Section Name |
| 40-33.1-01 |
Definitions |
| 40-33.1-02 |
Municipal steam heating authorities |
| 40-33.1-03 |
Purpose and powers of an authority |
| 40-33.1-04 |
Financing projects and facilities |
| 40-33.1-05 |
Officers and employees |
| 40-33.1-06 |
Conveyance of property by a city to an authority ‑ Acquisition of property by a city or by an authority |
| 40-33.1-07 |
Construction contracts |
| 40-33.1-08 |
Moneys of the authority |
| 40-33.1-09 |
Notes of an authority |
| 40-33.1-10 |
Agreement of a city |
| 40-33.1-11 |
State and city not liable on notes ‑ Exceptions as to cities |
| 40-33.1-12 |
Tax exemptions |
| 40-33.1-13 |
Tax contract by the state |
| 40-33.1-14 |
Remedies of noteholders |
| 40-33.1-15 |
Authority may levy assessments against property to be benefited by project ‑ Manner in which assessments to be made |
| 40-33.1-16 |
Actions against an authority |
Chapter 40-33.2 - Municipal Power Agencies
Chapter 40-33.3 - Municipal Pipeline Authorities
| Section |
Section Name |
| 40-33.3-01 |
Creation of authority ‑ Membership |
| 40-33.3-02 |
Agreement requirements |
| 40-33.3-03 |
Agreement filed with secretary of state ‑ Certificate of incorporation |
| 40-33.3-04 |
Amendment of agreement |
| 40-33.3-05 |
Payment of expenses of city representatives |
| 40-33.3-06 |
Powers of authority |
Chapter 40-34 - Sewage and Garbage Disposal
| Section |
Section Name |
| 40-34-01 |
Disposal of garbage or sewage in municipalities ‑ Acquiring land |
| 40-34-01.1 |
Municipalities to maintain sanitary conditions on certain roads ‑ Exception |
| 40-34-02 |
Methods of defraying cost of sewage or garbage disposal improvements or lease |
| 40-34-03 |
Mortgages and mortgage bonds ‑ Issuance over debt limit ‑ Not general obligations ‑ Vote required to issue ‑ Conditions |
| 40-34-04 |
Bonds may be issued by municipality ‑ Term of bonds ‑ Determining conditions |
| 40-34-05 |
Supervision and control of plant ‑ Rules and regulations governing ‑ Charges for use of plant ‑ Failure to pay ‑ Collection |
| 40-34-06 |
Sinking fund for payment of interest and principal |
| 40-34-07 |
First mortgage bonds are negotiable |
| 40-34-08 |
Tax levy to pay deficiency when bonds become due |
| 40-34-09 |
Action maintained on failure to pay principal or interest of bonds ‑ Court receiver ‑ Sale of property ‑ Redemption ‑ Sheriff's deed |
| 40-34-10 |
Franchise granted to holder of sheriff's deed to operate property ‑ Contents of franchise |
| 40-34-11 |
Revesting title and ownership of improvement or utility in municipality |
| 40-34-12 |
Appeal from decision of public service commission in revesting title ‑ Conditions |
| 40-34-13 |
Residue of money remaining after payment of bonds ‑ Disposal |
| 40-34-14 |
Payment of bonds by taxation ‑ Limitations |
| 40-34-15 |
Agreements between municipalities within and without state ‑ Acquiring property ‑ Erecting dams ‑ Use of waters ‑ Eminent domain |
| 40-34-16 |
Contractual relationship between municipalities ‑ Approval ‑ Operating as an independent enterprise |
| 40-34-17 |
Municipality which authorized bond issue prior to March 3, 1933, may finance under this chapter |
| 40-34-18 |
Power granted by chapter considered an addition |
| 40-34-19 |
Agreements between municipalities and with the state or private parties ‑ Leasing property |
Chapter 40-35 - Revenue Bond Law
| Section |
Section Name |
| 40-35-01 |
Short title |
| 40-35-02 |
Undertaking defined |
| 40-35-03 |
Powers of municipality |
| 40-35-04 |
Resolution authorizing undertaking and the issuance of revenue bonds |
| 40-35-05 |
Cost of undertaking ‑ How determined |
| 40-35-06 |
Issuance of bonds for electric light and power plant ‑ When approval of electors required |
| 40-35-07 |
Form of ballot ‑ When question submitted |
| 40-35-08 |
Provisions governing revenue bonds |
| 40-35-09 |
Sale of revenue bonds ‑ When private sale authorized ‑ Public sale and notice thereof |
| 40-35-10 |
Bonds and receipts or certificates issued pending preparation of bonds ‑ Negotiability |
| 40-35-11 |
Validity of bonds |
| 40-35-12 |
Bonds exempt from taxation ‑ Exception |
| 40-35-13 |
Covenants that may be inserted in ordinance or resolution authorizing bonds |
| 40-35-14 |
Liability of municipality for bonds ‑ Taxing power prohibited ‑ Bond not a lien |
| 40-35-15 |
Remedies of bondholders in general |
| 40-35-16 |
Receiver of undertaking ‑ When appointed |
| 40-35-17 |
Powers and duties of receiver of undertaking |
| 40-35-18 |
Court may direct receiver to surrender possession of undertaking |
| 40-35-19 |
Receiver subject to jurisdiction of court ‑ Jurisdiction of court |
| 40-35-20 |
Construction |
Chapter 40-36 - Revenue Bond Refinancing Law
| Section |
Section Name |
| 40-36-01 |
Short title |
| 40-36-02 |
Definitions |
| 40-36-03 |
Municipalities may refinance enterprise ‑ Borrow money ‑ Issue refunding bonds |
| 40-36-04 |
Refunding bonds authorized by resolution ‑ Adoption ‑ Taking effect |
| 40-36-05 |
Provisions governing issuance of refunding bonds |
| 40-36-06 |
Validity of refunding bonds |
| 40-36-07 |
Refunding bonds exempt from taxation ‑ Exception |
| 40-36-08 |
Provisions that may be inserted in resolution authorizing issuance of refunding bonds |
| 40-36-09 |
Refunding bonds secured by a lien upon revenues of enterprise ‑ Pledging fixed amount as security |
| 40-36-10 |
Additional security for refunding bonds ‑ Contents of bonds with additional security |
| 40-36-11 |
No priority in refunding bonds of same issue |
| 40-36-12 |
Refunding bonds not a debt of municipality ‑ Refunding bond to recite fund from which payable |
| 40-36-13 |
Exchange or sale of refunding bonds |
| 40-36-14 |
Recourse to general fund to pay refunding bonds prohibited ‑ Credit or taxing power not pledged to payment |
| 40-36-15 |
Municipalities may appoint fiscal agent ‑ Make rules and regulations governing |
| 40-36-16 |
Duties of municipality and officers |
| 40-36-17 |
General remedies of holders of refunding bonds ‑ Receiver of enterprise |
| 40-36-18 |
Waiver of default or breach of duty or contract not to extend to subsequent default or breach of duty or contract |
| 40-36-19 |
Limitations on authorizations contained in chapter ‑ Effect of chapter on bonds issued prior to March 12, 1937 |
| 40-36-20 |
Construction ‑ Procedure in issuance of refunding bonds |
Chapter 40-37 - Levy for Municipal Band
| Section |
Section Name |
| 40-37-01 |
Municipality may provide tax levy for municipal band purposes |
| 40-37-02 |
Authority for levy initiated by petition ‑ Signatures ‑ Filing ‑ Question submitted to electors |
| 40-37-03 |
City band funding |
| 40-37-04 |
Funds derived from levy expended only for maintenance and employment of municipal band |
| 40-37-05 |
Petition and election for cancellation of tax levy for municipal band |
Chapter 40-38 - Public Libraries
| Section |
Section Name |
| 40-38-01 |
Public library and reading room ‑ Establishment ‑ Election |
| 40-38-02 |
Library fund ‑ Financial report ‑ Levy ‑ Kept separate ‑ Exemption for city levying tax ‑ Increasing levy |
| 40-38-03 |
Board of directors ‑ Appointment ‑ Term of office ‑ Compensation ‑ Filling vacancies ‑ Organization |
| 40-38-04 |
General powers and duties of board of directors |
| 40-38-05 |
Board of directors may purchase, build, or lease building for library ‑ Library building fund ‑ Public hearing required |
| 40-38-06 |
Vouchers ‑ How drawn |
| 40-38-07 |
Library free to inhabitants of political subdivision ‑ Subject to rules published by board of directors |
| 40-38-08 |
Donations ‑ How accepted ‑ Board of directors as trustee |
| 40-38-09 |
Annual report of board of directors ‑ Contents ‑ To whom made |
| 40-38-10 |
Contributions by political subdivision to establishment of library without election authorized |
| 40-38-11 |
Joint public library services by cities and counties |
| 40-38-12 |
Library records ‑ Open records exception |
Chapter 40-38.1 - Municipal Arts Council
| Section |
Section Name |
| 40-38.1-01 |
Municipal arts council ‑ Establishment ‑ Election |
| 40-38.1-02 |
Municipal arts fund ‑ Levy ‑ Collection ‑ Kept separate |
| 40-38.1-03 |
Board of directors ‑ Appointment ‑ Term of office ‑ No compensation ‑ Filling vacancies ‑ Organization |
| 40-38.1-04 |
General powers and duties of a municipal arts council |
| 40-38.1-05 |
Board of directors may purchase, build, or lease building for offices ‑ Municipal arts council office fund ‑ Public hearing required |
| 40-38.1-06 |
Vouchers ‑ How drawn |
| 40-38.1-07 |
Donations ‑ How accepted ‑ Council as trustee |
| 40-38.1-08 |
Annual report of municipal arts council ‑ Contents ‑ To whom made |
| 40-38.1-09 |
Contributions by political subdivision to establishment of municipal arts council without election authorized |
Chapter 40-39 - Opening and Vacating Streets, Alleys, and Public Places
| Section |
Section Name |
| 40-39-01 |
Survey, plat, and estimate made by city engineer |
| 40-39-02 |
Taking private property by purchase or eminent domain ‑ Special assessments levied ‑ Limitation on general tax |
| 40-39-03 |
Grades of streets, alleys, and sidewalks ‑ Established ‑ Record ‑ Changing ‑ Liability |
| 40-39-04 |
Vacation of streets and alleys where sewers, water mains, pipes, and lines located ‑ Conditions |
| 40-39-05 |
Petition for vacation of streets, alleys, or public grounds ‑ Contents ‑ Verification |
| 40-39-06 |
Petition filed with city auditor ‑ Notice published ‑ Contents of notice |
| 40-39-07 |
Hearing on petition ‑ Passage of resolution declaring vacation by governing body |
| 40-39-08 |
Resolution to be published, filed, and recorded ‑ Effect |
| 40-39-09 |
Expenses for vacating streets, alleys, and public ways ‑ Deposit required |
| 40-39-10 |
Aggrieved person may appeal to district court |
Chapter 40-40 - Municipal Budget Law
| Section |
Section Name |
| 40-40-01 |
Short title |
| 40-40-02 |
Definitions |
| 40-40-03 |
Fiscal year of municipality |
| 40-40-04 |
Municipality to prepare preliminary budget statement |
| 40-40-05 |
Contents of preliminary budget statement |
| 40-40-06 |
Notice of public budget hearing date |
| 40-40-07 |
Copy of preliminary budget sent to county auditor ‑ Open to inspection |
| 40-40-08 |
Hearing of protests and objections ‑ Changes in preliminary budget ‑ Preparation of final budget ‑ Contents |
| 40-40-09 |
Determination of amount to be levied ‑ Adoption of levy ‑ Limitations |
| 40-40-10 |
Certified copies of levy and final budget sent to county auditor |
| 40-40-11 |
County auditor to calculate and reduce tax rates ‑ Extending tax levy |
| 40-40-12 |
County auditor to transmit annual tax levy and final budget to state auditor |
| 40-40-13 |
County treasurer to collect municipal taxes |
| 40-40-14 |
Municipal taxes collected to be credited to appropriate funds |
| 40-40-15 |
Expenditures made or liabilities incurred beyond appropriation ‑ Joint and several liability of members of governing body |
| 40-40-16 |
State's attorney to sue for excessive expenditures |
| 40-40-17 |
Transfer from other items of appropriation when appropriation insufficient |
| 40-40-18 |
Amounts taken from various funds and borrowings to meet emergency ‑ Vote required ‑ Contents of resolution |
| 40-40-19 |
Liabilities may be incurred after July first and before a new appropriation is made ‑ Exception |
| 40-40-20 |
Contracts made prior to appropriation prohibited ‑ Contracts for water for fire protection excepted |
| 40-40-21 |
Balance at end of fiscal year to become part of unappropriated balance ‑ When special appropriation to lapse |
Chapter 40-41 - Board of Budget Review [Repealed]
Chapter 40-42 - Claims for Injuries on Streets
| Section |
Section Name |
| 40-42-01 |
Claim against municipality for damages arising from defective streets, sidewalks, or bridges must be filed |
| 40-42-02 |
Filing of claim and rejection thereof conditions precedent to bringing action against municipality |
| 40-42-03 |
Time limitation on bringing of action |
| 40-42-04 |
Proof on trial to conform to claim filed with municipality |
| 40-42-05 |
Nonliability of municipality for damages caused by snow and ice on sidewalks ‑ Exception ‑ Actual knowledge required |
Chapter 40-43 - Payment and Compromise of Judgments
| Section |
Section Name |
| 40-43-01 |
Judgment or a settlement of a claim against municipality ‑ Additional tax levied |
| 40-43-02 |
Compromise of judgments against municipalities ‑ Tax levy to pay reduced judgment ‑ Tax limitations not applicable |
| 40-43-03 |
Negotiable bearer bonds may be issued to pay compromised amount |
| 40-43-04 |
Levy of tax to pay principal and interest of bonds ‑ Duty of county auditor |
| 40-43-05 |
Funding compromised judgment for negligence based on special assessment warrants ‑ Subrogation rights of municipality |
| 40-43-06 |
Purpose of judgment funding provisions |
| 40-43-07 |
Political subdivisions authorized to carry liability insurance ‑ Waiver of immunity to extent only of insurance purchased |
Chapter 40-44 - Civil Service in Cities
| Section |
Section Name |
| 40-44-01 |
Cities of certain population may adopt civil service system |
| 40-44-02 |
Failure or refusal of city to adopt civil service ‑ Petition ‑ Election held |
| 40-44-03 |
Form of ballot to be used in voting upon adoption of civil service system ‑ Vote required to adopt |
| 40-44-04 |
Civil service commission or commissioner ‑ Delegation of powers to ‑ When rules and regulations effective |
| 40-44-05 |
Terms of members of commission or of commissioner ‑ Clerk ‑ Vacancies |
| 40-44-06 |
Compensations and expenses of members of commission or of commissioner |
| 40-44-07 |
Purpose and intent of chapter ‑ Types of systems that may be set up |
| 40-44-08 |
Ordinance creating civil service system ‑ What to be included ‑ Departments automatically included |
| 40-44-09 |
Ordinance providing for civil service shall prohibit political activities of persons under system |
| 40-44-10 |
Contracting with other municipalities and state departments for conduct of competitive examinations |
| 40-44-11 |
Change of form of government in city which has adopted a civil service system ‑ Effect |
| 40-44-12 |
Abandonment of civil service system ‑ Election ‑ Form of ballot ‑ Removal of department or employee from civil service |
| 40-44-13 |
Penalty for violation of chapter |
Chapter 40-45 - Police Pensions in Cities
| Section |
Section Name |
| 40-45-01 |
Funding for police pension fund |
| 40-45-02 |
Tax levy for pension fund if retirement system based upon actuarial tables is maintained |
| 40-45-03 |
Composition and membership |
| 40-45-04 |
Acceptance of money, property, and rewards by the board ‑ Limitations |
| 40-45-05 |
Police pension fund ‑ How established |
| 40-45-06 |
Investment of surplus funds ‑ Limitations |
| 40-45-07 |
Tax levy may be discontinued when fund sufficient |
| 40-45-08 |
Membership fees and assessments |
| 40-45-09 |
Who may be retired on pension ‑ Amount paid to retiring member ‑ Retiring member not paid |
| 40-45-10 |
Period of service spent in armed forces to be included as service in department |
| 40-45-10.1 |
Purchase of legislative service credit |
| 40-45-11 |
Eligibility for retirement because of disability |
| 40-45-12 |
Assignment of retired members to light duties in police department |
| 40-45-13 |
Payments to surviving spouse, children, and surviving parents upon death of active or retired member |
| 40-45-14 |
Definitions for benefit purposes |
| 40-45-15 |
Right to retirement once acquired cannot be lost |
| 40-45-16 |
Increase of assessments by city having police retirement system based upon actuarial tables |
| 40-45-17 |
Reduction of retirement benefits by amount received from workmen's compensation fund |
| 40-45-18 |
Qualification under Social Security Act authorized ‑ Reduction of retirement benefits |
| 40-45-19 |
Re-examination of retired member physically or mentally disabled ‑ Notice ‑ Witnesses |
| 40-45-20 |
Decision on re-examination is final ‑ Exception |
| 40-45-21 |
Police department employees entitled to refund from fund upon termination of employment with city |
| 40-45-22 |
Warrants on pension fund ‑ Treasurer's report ‑ Contents |
| 40-45-23 |
Pensions not subject to debts, execution, or other process |
| 40-45-24 |
Cities may provide hospitalization and nursing for police department ‑ How cost paid ‑ Exception |
| 40-45-25 |
Hours of duty of police officers in cities over ten thousand population ‑ Limitations ‑ Exceptions |
| 40-45-26 |
Question of continuance of police pension plan |
| 40-45-27 |
Procedure upon discontinuance of police pension plan |
| 40-45-28 |
Pension cost of living increase |
| 40-45-29 |
Pension cost of living decrease |
Chapter 40-46 - Employees' Pensions in Cities
| Section |
Section Name |
| 40-46-01 |
Adoption of employees' pension plan ‑ Exclusion of police and members of firefighters relief associations |
| 40-46-02 |
Tax levy for city employees' pension fund authorized ‑ Limitations |
| 40-46-02.1 |
Tax levy for city employees' pension plan authorized ‑ Limitations |
| 40-46-03 |
Tax levy may be discontinued when fund sufficient |
| 40-46-04 |
Membership fees and assessments |
| 40-46-05 |
City employees' pension fund ‑ How established |
| 40-46-06 |
Board of trustees ‑ Management of pension fund ‑ What constitutes ‑ Officers ‑ Bond of auditor ‑ Compensation |
| 40-46-07 |
Acceptance of money and property by the board |
| 40-46-08 |
Investment of surplus in fund ‑ Limitations |
| 40-46-09 |
Who may be retired on pension ‑ Amount paid to retiring employee |
| 40-46-09.1 |
Credit for service as employee of recreation commission |
| 40-46-09.2 |
Purchase of legislative service credit |
| 40-46-10 |
Eligibility for retirement because of disability |
| 40-46-11 |
Period of service spent in armed forces included as service to city |
| 40-46-12 |
Assignment of retired employees to light duties in work of city |
| 40-46-13 |
Payments to spouse, children, and surviving parents upon death of active or retired member |
| 40-46-14 |
Definitions for benefit purposes |
| 40-46-15 |
Employees of city retire upon request of executive officer |
| 40-46-16 |
Right of retirement once acquired cannot be lost |
| 40-46-17 |
Insufficiency of pension fund to meet withdrawals ‑ Apportioning contents of fund to pensioned persons |
| 40-46-18 |
Re-examination of retired member physically or mentally disabled ‑ Notice ‑ Witnesses |
| 40-46-19 |
Decision on re-examination is final ‑ Exception |
| 40-46-20 |
Employee entitled to refund from fund or partial retirement upon termination of employment with city |
| 40-46-21 |
Warrants on pension fund ‑ Treasurer's report ‑ Contents |
| 40-46-22 |
Pensions not subject to assignment, debts, execution, or other process |
| 40-46-23 |
Question of continuance of employees' pension plan |
| 40-46-24 |
Form of ballot to be used at election |
| 40-46-25 |
Procedure upon discontinuance of employees' pension or police pension plan |
| 40-46-26 |
City provision of employee federal social security plan |
| 40-46-27 |
Pension cost of living increase |
| 40-46-28 |
Pension cost of living decrease |
Chapter 40-47 - City Zoning
| Section |
Section Name |
| 40-47-01 |
Cities may zone ‑ Application of regulations |
| 40-47-01.1 |
Extraterritorial zoning ‑ Mediation ‑ Determination by administrative law judge ‑ Definition |
| 40-47-01.2 |
Agreements to not oppose annexation void |
| 40-47-01.3 |
Extraterritorial zoning ‑ Limitation |
| 40-47-02 |
Division of city into districts to carry out regulations |
| 40-47-03 |
Regulation for zoning made for what purposes |
| 40-47-04 |
Determining and enforcing regulations ‑ Public hearing and notice thereof ‑ Publication of regulations, restrictions, and boundaries |
| 40-47-05 |
Amendments to or repeals of zoning regulations ‑ Protest ‑ Required vote for passage |
| 40-47-05.1 |
Zoning ‑ Nonconforming structure |
| 40-47-06 |
Zoning commission ‑ Appointment ‑ Duties ‑ Preliminary and final report |
| 40-47-07 |
Board of adjustment ‑ Members ‑ Term ‑ Hear and decide appeals and review orders |
| 40-47-08 |
Appeal to board of adjustment ‑ Taking ‑ Filing ‑ Time ‑ Transmitting record |
| 40-47-09 |
Hearing of appeal by board of adjustment ‑ Notice ‑ Authority of board ‑ Items taken into consideration by board |
| 40-47-10 |
Effect of appeal to board of adjustment ‑ Restraining order |
| 40-47-11 |
Determination of board of adjustment reviewable |
| 40-47-12 |
Instituting action to restrain, correct, or abate violations |
| 40-47-13 |
Conflict between regulations adopted under this chapter and other laws, ordinances, or regulations |
Chapter 40-48 - Municipal Master Plans and Planning Commissions
| Section |
Section Name |
| 40-48-01 |
Definitions |
| 40-48-02 |
Official master plan may be established ‑ Filing ‑ Effect ‑ Purpose |
| 40-48-03 |
Planning commission ‑ Creation ‑ Members ‑ Ex officio members |
| 40-48-04 |
Terms of members of commission ‑ Vacancies |
| 40-48-05 |
Traveling expenses |
| 40-48-06 |
President of commission ‑ Meetings ‑ Record to be kept ‑ Appointment officers and employees ‑ Power to contract |
| 40-48-07 |
Limitations on expenditures of commission ‑ Tax levy authorized |
| 40-48-08 |
Master plan ‑ Adoption ‑ Contents ‑ Part of plan may be published ‑ Amending |
| 40-48-09 |
Surveys and studies made before making plan ‑ Purpose of plan |
| 40-48-10 |
Hearing on plan before adoption by commission ‑ Resolution to adopt ‑ Action recorded on plan and maps ‑ Governing body to receive copy of plan |
| 40-48-11 |
Hearing on plan by governing body ‑ Notice ‑ Changes in plan ‑ Notice to planning commission ‑ Disapproval of changes |
| 40-48-12 |
Permission to construct when plan adopted ‑ Disapproval of permission ‑ Overruling ‑ Failure to act on permission |
| 40-48-13 |
Miscellaneous duties of planning commission |
| 40-48-14 |
Miscellaneous powers of planning commission |
| 40-48-15 |
Public officials to cooperate with planning commission |
| 40-48-16 |
Governing body may add to or change master plan ‑ Notice |
| 40-48-17 |
Submission of matters to planning commission before governing body takes action thereon |
| 40-48-18 |
Extraterritorial subdivision regulation ‑ Mediation ‑ Determination by administrative law judge |
| 40-48-18.1 |
Agreements to not oppose annexation void |
| 40-48-19 |
Major street plan adopted by commission ‑ Filing and approval of plat |
| 40-48-20 |
Regulations governing subdivision of land ‑ Contents ‑ Hearing ‑ Publication ‑ Filing regulations |
| 40-48-21 |
Approval of plats by commission ‑ Hearings ‑ Notice ‑ Effect |
| 40-48-22 |
Items considered in approving plat ‑ Notations made on plat ‑ Deed delivered to municipality or county |
| 40-48-23 |
Penalty for transfer of lots in unapproved subdivision ‑ Injunction ‑ Civil action |
| 40-48-24 |
Improvements in unapproved streets |
| 40-48-25 |
Erection of buildings on unapproved streets |
| 40-48-26 |
Exclusive jurisdiction of planning commission ‑ Exception |
| 40-48-27 |
Interpretation of harmonious and conflicting statutes |
| 40-48-28 |
Maps showing reservations and future acquisitions for streets ‑ Hearing ‑ Notice ‑ Approval by governing body ‑ Modifications ‑ Filing |
| 40-48-29 |
Effect of approval and adoption of map |
| 40-48-30 |
Commission may secure releases of claims for damages or compensation ‑ Effect |
| 40-48-31 |
Modification of street lines ‑ When allowed ‑ Agreement ‑ Approval of new map ‑ Filing map ‑ Abandoning reservation |
| 40-48-32 |
Resolution adopting street map ‑ When effective ‑ Notice ‑ Contents ‑ Protest |
| 40-48-33 |
Examination of protests by engineer and attorney ‑ Hearing ‑ Notice |
| 40-48-34 |
Granting or denying protests ‑ When resolution effective |
| 40-48-35 |
Resolution and map recorded upon adoption |
| 40-48-36 |
Protest against resolution as a taking of property |
| 40-48-37 |
Failure to file claim is waiver |
| 40-48-38 |
Penalty for violations |
Chapter 40-49 - Parks and Park Districts
| Section |
Section Name |
| 40-49-01 |
Municipalities may acquire real estate for parks or public grounds by gift, devise, or conveyance ‑ Extension of police power |
| 40-49-02 |
Cities may take advantage of chapter ‑ Vote required ‑ How taken |
| 40-49-03 |
Ordinance required to create park districts ‑ Territory embraced to be park district |
| 40-49-04 |
Designation of park district ‑ General powers ‑ Park defined |
| 40-49-05 |
Board of park commissioners in city ‑ Terms |
| 40-49-06 |
Board of park commissioners in villages ‑ Term ‑ Term on first board |
| 40-49-07 |
Election and qualification of members of board of park commissioners |
| 40-49-07.1 |
Change in number of park commissioners ‑ Election |
| 40-49-07.2 |
Dissolution of city park district ‑ Election |
| 40-49-08 |
Organization of board of park commissioners ‑ City auditor to act as treasurer of board or board to appoint clerk |
| 40-49-09 |
Vacancies ‑ How filled ‑ Removal of residence creates vacancy |
| 40-49-10 |
Members of board of park commissioners may receive compensation ‑ Interest in contracts restricted |
| 40-49-11 |
Regular and special meetings of the board of park commissioners ‑ Procedure |
| 40-49-12 |
Powers of the board of park commissioners |
| 40-49-13 |
Ordinances ‑ Powers exercised by ‑ Readings ‑ Adopting ‑ Approving ‑ Publication ‑ Enacting clause |
| 40-49-14 |
When yea and nay vote taken ‑ Awarding contracts ‑ Debt limit ‑ Bills, claims, and demands against board |
| 40-49-15 |
Purchase of land by city park district on installment contract ‑ Conditions and limitations |
| 40-49-16 |
City engineer is ex officio engineer and surveyor for board of park commissioners |
| 40-49-17 |
Jurisdiction to determine actions involving violations of ordinances of board of park commissioners |
| 40-49-18 |
General code provisions to govern park districts |
| 40-49-19 |
Dissolution of village park district ‑ Petition for election ‑ Notice of election ‑ Order of dissolution |
| 40-49-20 |
Park districts may adopt civil service systems |
| 40-49-21 |
Park districts may provide for employees' pensions |
| 40-49-22 |
Tax levy for park district employees' pension fund |
| 40-49-23 |
Land transfers or abandonment |
| 40-49-24 |
Park district authorized to collect user fees and issue evidences of indebtedness in anticipation of user fee revenues |
| 40-49-25 |
Medal of honor monument |
Chapter 40-49.1 - Boards of Park Commissioners Combination
| Section |
Section Name |
| 40-49.1-01 |
Combination of boards of park commissioners ‑ Plan |
| 40-49.1-02 |
Election on combination plan |
| 40-49.1-03 |
Contents of plan ‑ Effect of plan ‑ Limitations ‑ Revision or termination |
Chapter 40-50 - Platting Townsites and Correction and Vacation of Plats [Repealed]
Chapter 40-50.1 - Platting of Townsites
| Section |
Section Name |
| 40-50.1-01 |
Laying out townsites, additions, and subdivisions ‑ Survey and plat required ‑ Contents of plat |
| 40-50.1-02 |
Monuments required for survey ‑ Destruction ‑ Penalty |
| 40-50.1-03 |
Instruments of dedication ‑ Certifying and recording plat |
| 40-50.1-04 |
Recording plat |
| 40-50.1-05 |
Conveyance of land by noting or marking map or plat ‑ Status as general warranty ‑ Land for public use |
| 40-50.1-06 |
Correction of plats ‑ Declaration of necessity by resolution ‑ Publication |
| 40-50.1-07 |
Resolution declaring necessity for correcting plat ‑ Contents |
| 40-50.1-08 |
Governing body to order work done after hearing objections |
| 40-50.1-09 |
Requirements governing land surveyor in correcting plat or in replatting ‑ Affidavit and certification |
| 40-50.1-10 |
Filing completed plat ‑ Publication of notice of completed plat |
| 40-50.1-11 |
Resurveys to determine merits of objections |
| 40-50.1-12 |
Acceptance or rejection of corrected plat ‑ Recording ‑ Effect of corrected plat |
| 40-50.1-13 |
Assessment of costs of new plat ‑ Publication of assessments ‑ Approval of assessments |
| 40-50.1-14 |
Notice of errors on recorded plat ‑ Certificate by original surveyor |
| 40-50.1-15 |
Filing and recording of surveyor's certificate |
| 40-50.1-16 |
Vacation of plat ‑ Before and after sale of lots ‑ Effect |
| 40-50.1-17 |
Action by recorder |
Chapter 40-51 - Inclusion of and Exclusion of Territory [Repealed]
Chapter 40-51.1 - Annexation and Exclusion of Territory [Repealed]
Chapter 40-51.2 - Annexation and Exclusion of Territory
| Section |
Section Name |
| 40-51.2-01 |
Short title |
| 40-51.2-02 |
Declaration of purpose |
| 40-51.2-02.1 |
Annexation agreements |
| 40-51.2-02.2 |
Annexation of land in the extraterritorial zoning or subdivision regulation authority of another city |
| 40-51.2-03 |
Annexation by petition of owners and electors |
| 40-51.2-04 |
Exclusion by petition of owners and electors |
| 40-51.2-05 |
Notice ‑ Petition of owners and electors ‑ Mediation |
| 40-51.2-06 |
Petition of owners and electors ‑ Annexation or exclusion ‑ Classification of annexed agricultural lands for tax purposes |
| 40-51.2-07 |
Annexation by resolution of city |
| 40-51.2-07.1 |
Mediation |
| 40-51.2-08 |
Petition to office of administrative hearings |
| 40-51.2-09 |
Administrative law judge to be appointed ‑ Hearing set |
| 40-51.2-10 |
Annexation review commission ‑ Composition |
| 40-51.2-11 |
Notice required |
| 40-51.2-12 |
Administrative law judge ‑ Hearing |
| 40-51.2-13 |
Decision |
| 40-51.2-14 |
Powers of the administrative law judge ‑ Decision ‑ Terms |
| 40-51.2-15 |
Review of determination of administrative law judge by certiorari |
| 40-51.2-16 |
Effective date of annexation by administrative law judge ‑ Classification of annexed agricultural lands for tax purposes |
| 40-51.2-17 |
Cost of annexation |
| 40-51.2-18 |
Relation of this chapter to other laws |
| 40-51.2-19 |
Savings clause |
Chapter 40-52 - Changes in Wards
| Section |
Section Name |
| 40-52-01 |
Petition for change in name, number, or boundaries of wards ‑ Signatures required ‑ Notice of meeting to hear |
| 40-52-02 |
Governing body may order change in wards |
| 40-52-03 |
Governing body of council city may change boundaries of wards ‑ Wards not to be diminished or increased |
| 40-52-04 |
Changing number and boundaries of wards and precincts |
| 40-52-05 |
Changes to be made in papers, plats, and records of municipality |
| 40-52-06 |
City auditor to make changes in assessment list |
| 40-52-07 |
Holding elections in new ward or wards |
| 40-52-08 |
Council member changing wards can continue in office |
Chapter 40-53 - Changing Names and Dissolution of Villages [Repealed]
Chapter 40-53.1 - Dissolution of Cities
| Section |
Section Name |
| 40-53.1-01 |
Dissolution ‑ Petition ‑ Notice of election |
| 40-53.1-02 |
Dissolution ‑ Ballots |
| 40-53.1-03 |
Dissolution ‑ Conduct of election |
| 40-53.1-04 |
Dissolution ‑ Vote required ‑ Effect on debts and contracts |
| 40-53.1-05 |
Disposition of records after dissolution ‑ Pending business |
| 40-53.1-06 |
Notice of dissolution ‑ Publication |
| 40-53.1-07 |
Dissolution ‑ Care of property ‑ Manager ‑ Disposition of funds |
| 40-53.1-08 |
Income from property of a dissolved municipality |
| 40-53.1-09 |
Dissolution ‑ Insufficient income to pay obligations ‑ Levy of tax ‑ Duty vested in board of county commissioners |
| 40-53.1-10 |
Dissolution by district court ‑ Application |
| 40-53.1-11 |
Filing application ‑ Order |
| 40-53.1-12 |
Objections |
| 40-53.1-13 |
Hearing on application ‑ Order of dissolution |
| 40-53.1-14 |
Judgment roll ‑ Right of appeal |
Chapter 40-53.2 - Consolidation of Cities
| Section |
Section Name |
| 40-53.2-01 |
Legislative intent on city consolidation |
| 40-53.2-02 |
Consolidation ‑ Resolution or petition ‑ Election |
| 40-53.2-03 |
Municipal consolidation review commission |
Chapter 40-54 - Gravel Surfacing City Streets
| Section |
Section Name |
| 40-54-01 |
Bids ‑ Advertising ‑ Requirements |
| 40-54-02 |
Awarding contract ‑ Failure to advertise for bids |
| 40-54-03 |
Hearing upon petition ‑ Notice ‑ Decision |
| 40-54-04 |
Notification of award of contract ‑ Contractor's duty ‑ Project number |
| 40-54-05 |
Assessments |
| 40-54-06 |
City auditor to deliver duplicate assessment rolls ‑ Collection of assessments |
| 40-54-07 |
City auditor to keep gravel assessment book |
| 40-54-08 |
Payment of assessments ‑ Interest |
| 40-54-09 |
Separate fund for project ‑ Warrants |
| 40-54-10 |
Gravel assessment warrants ‑ How paid ‑ Interest ‑ Contents |
| 40-54-11 |
Warrants payable from special graveling fund |
| 40-54-12 |
Optional method of graveling streets |
Chapter 40-55 - Public Recreation System
| Section |
Section Name |
| 40-55-01 |
Definitions |
| 40-55-02 |
Municipality, school, and park district recreation centers ‑ Appropriation |
| 40-55-03 |
Providing and maintaining recreational facilities ‑ May be vested in an existing body ‑ Powers of body |
| 40-55-04 |
Municipalities, school, or park districts may provide and establish joint recreation centers and facilities |
| 40-55-05 |
Bonds may be issued providing for such facilities |
| 40-55-06 |
Establishing recreation board or commission ‑ Members ‑ Terms ‑ Vacancy ‑ Compensation |
| 40-55-07 |
Governing body, board, or commission may accept grants of real estate and money ‑ Conditions |
| 40-55-08 |
Election to establish recreation system ‑ Funding |
| 40-55-09 |
Voter‑approved levy authority for city public recreation system |
| 40-55-10 |
Public recreation under this chapter deemed governmental subdivision function |
| 40-55-11 |
Recreation centers or systems may be established as memorials |
Chapter 40-56 - Residential Paving Projects
| Section |
Section Name |
| 40-56-01 |
Definitions |
| 40-56-02 |
Establishment of standards of paving |
| 40-56-03 |
City may pay portion of cost |
| 40-56-04 |
Protests to bar improvements |
| 40-56-05 |
Special assessment procedure to be followed |
Chapter 40-57 - Municipal Industrial Development Act
| Section |
Section Name |
| 40-57-01 |
Short title |
| 40-57-02 |
Definitions |
| 40-57-03 |
Powers of municipality |
| 40-57-04 |
Resolution authorizing project and the issuance of revenue bonds ‑ Public notice and hearing ‑ No election required |
| 40-57-04.1 |
Notice to competitors ‑ Authority to issue bonds limited if project would compete with existing enterprises |
| 40-57-05 |
Approval of public officer not required |
| 40-57-06 |
Certificate of convenience or necessity not required |
| 40-57-07 |
Cost of project ‑ How determined |
| 40-57-08 |
Excess revenues not to revert to general fund of municipality ‑ Exception |
| 40-57-09 |
Provisions governing revenue bonds |
| 40-57-09.1 |
Industrial development revenue bond guarantee program ‑ Bond issuance fee ‑ Appropriation |
| 40-57-10 |
Sale of revenue bonds |
| 40-57-11 |
Bonds and receipts or certificates issued pending preparation of bonds ‑ Negotiability |
| 40-57-12 |
Validity of bonds |
| 40-57-13 |
Bonds exempt from taxation ‑ Exception |
| 40-57-14 |
Covenants that may be inserted in ordinance or resolution authorizing bonds |
| 40-57-15 |
Liability of municipality for bonds ‑ Taxing power prohibited ‑ Bond not a lien |
| 40-57-16 |
Remedies of bondholders in general |
| 40-57-17 |
Exemptions from taxation |
| 40-57-18 |
Construction |
| 40-57-19 |
General obligation bonds ‑ Issuance ‑ Levy |
| 40-57-19.1 |
Refunding bonds |
| 40-57-19.2 |
Refunding bonds |
| 40-57-20 |
Declaration and finding of public purpose |
Chapter 40-57.1 - Tax Exemptions for New and Expanding Businesses
| Section |
Section Name |
| 40-57.1-01 |
Declaration and finding of public purpose |
| 40-57.1-02 |
Definitions |
| 40-57.1-03 |
Municipality's authority to grant or revoke tax exemption or payments in lieu of taxes ‑ Notice to competitors ‑ Limitations |
| 40-57.1-04 |
Exemption from income tax ‑ Notice to competitors ‑ Limitations |
| 40-57.1-04.1 |
Ad valorem tax exemption for existing structures ‑ Requirements |
| 40-57.1-04.2 |
Local development corporation defined ‑ Requirements ‑ Purpose |
| 40-57.1-04.3 |
Property tax exemption on speculative industrial buildings and properties owned by a local development organization |
| 40-57.1-04.4 |
Clearance of tax obligations and tax liens of record |
| 40-57.1-05 |
Reapplication for tax exemption ‑ Discretion of board of equalization |
| 40-57.1-06 |
Change in investment, new location, or change in project operator or use requiring reapplication for tax exemption or payments in lieu of taxes |
| 40-57.1-07 |
Exemptions ‑ Time for making application |
| 40-57.1-08 |
Large industrial projects ‑ Exclusion from provisions of chapter |
Chapter 40-57.2 - Industrial Planning Surveys and Vocational Training
| Section |
Section Name |
| 40-57.2-01 |
Cities and counties may enter into agreements for surveys for industrial development and career and technical education and on‑the‑job training |
| 40-57.2-02 |
Content of surveys |
| 40-57.2-03 |
Declaration of legislative intent |
| 40-57.2-04 |
City or county may provide funding |
Chapter 40-57.3 - City Lodging Tax
| Section |
Section Name |
| 40-57.3-01 |
City lodging tax ‑ Imposition ‑ Amount ‑ Disposition |
| 40-57.3-01.1 |
City lodging and restaurant tax ‑ Imposition ‑ Amount ‑ Disposition ‑ Referral |
| 40-57.3-01.2 |
City motor vehicle rental tax ‑ Imposition ‑ Amount ‑ Disposition ‑ Definitions |
| 40-57.3-02 |
City visitors' promotion fund ‑ City visitors' promotion capital construction fund ‑ Visitors' committee ‑ Establishment ‑ Purpose |
| 40-57.3-03 |
Budget ‑ Contracts ‑ Bonds ‑ Capital construction |
| 40-57.3-04 |
Payment of tax ‑ Collection by tax commissioner ‑ Administrative expenses allowed ‑ Rules |
Chapter 40-57.4 - City Job Development Authorities
| Section |
Section Name |
| 40-57.4-01 |
City job development authority ‑ Board of directors member qualifications |
| 40-57.4-02 |
Members of the city job development authority board of directors ‑ Term of office ‑ Oath ‑ Expenses |
| 40-57.4-03 |
Powers and duties of city job development authorities |
| 40-57.4-04 |
Tax levy for city job development authorities or industrial development organizations ‑ Financial report |
| 40-57.4-05 |
Dedication of tax revenues |
| 40-57.4-06 |
Joint job development authority |
Chapter 40-58 - Urban Renewal Law
| Section |
Section Name |
| 40-58-01 |
Short title |
| 40-58-01.1 |
Definitions |
| 40-58-02 |
Findings and declarations of necessity |
| 40-58-03 |
Encouragement of private enterprise |
| 40-58-04 |
Workable program |
| 40-58-05 |
Finding of necessity by governing body |
| 40-58-06 |
Preparation, adoption, and revision of development or renewal plans |
| 40-58-07 |
Powers |
| 40-58-08 |
Eminent domain |
| 40-58-09 |
Disposal of property in development or renewal area |
| 40-58-10 |
Issuance of bonds |
| 40-58-11 |
Bonds as legal investments |
| 40-58-12 |
Property exempt from taxes and from levy and sale by virtue of an execution |
| 40-58-13 |
Cooperation by public bodies |
| 40-58-14 |
Title of purchaser |
| 40-58-15 |
Exercise of urban renewal project powers |
| 40-58-16 |
Urban renewal agency |
| 40-58-17 |
Interested public officials, commissioners, or employees |
| 40-58-18 |
Ordinances relating to repair, closing, and demolition of dwellings unfit for human habitation |
| 40-58-19 |
Definitions |
| 40-58-20 |
Tax increment financing |
| 40-58-20.1 |
Use of tax increment financing for the development of certain industrial or commercial property ‑ Public hearing ‑ Eligible costs of development |
| 40-58-20.2 |
Tax increment financing proposal ‑ Public hearing ‑ Invitation to representatives of affected taxing districts |
| 40-58-20.3 |
Tax increment financing reports |
Chapter 40-59 - Municipal Memorial Levy
Chapter 40-60 - Promotion and Acquisition of Municipal Parking Facilities
| Section |
Section Name |
| 40-60-01 |
Reservation of areas for parking |
| 40-60-02 |
Powers of municipalities pertaining to parking areas |
Chapter 40-61 - Municipal Parking Authority Act
| Section |
Section Name |
| 40-61-01 |
Definitions |
| 40-61-02 |
Municipal parking authorities |
| 40-61-03 |
Purpose and powers of an authority |
| 40-61-03.1 |
Financing projects and facilities |
| 40-61-04 |
Officers and employees |
| 40-61-05 |
Conveyance of property by a city to an authority ‑ Acquisition of property by a city or by an authority |
| 40-61-06 |
Construction contracts |
| 40-61-07 |
Moneys of the authority |
| 40-61-08 |
Bonds of an authority |
| 40-61-09 |
Notes of an authority |
| 40-61-10 |
Debt guarantee |
| 40-61-11 |
Agreement of a city |
| 40-61-12 |
State and city not liable on bonds ‑ Exceptions as to cities |
| 40-61-13 |
Bonds legal investments for public officers |
| 40-61-14 |
Tax exemptions |
| 40-61-15 |
Tax contract by the state |
| 40-61-16 |
Remedies of bondholders |
| 40-61-17 |
Actions against an authority |
| 40-61-18 |
Termination of an authority |
| 40-61-18.1 |
Termination of an authority by governing body |
| 40-61-19 |
Inconsistent provisions in other acts superseded |
Chapter 40-62 - City Pedestrian Mall Improvements
| Section |
Section Name |
| 40-62-01 |
Authority for pedestrian mall and skyway improvements ‑ Definitions |
| 40-62-02 |
Determination of necessity |
| 40-62-03 |
Plans and specifications |
| 40-62-04 |
Jurisdiction to improve and regulate |
| 40-62-05 |
Use of mall or skyways |
| 40-62-06 |
Maintenance and improvement |
| 40-62-07 |
Additional improvements and extensions |
Chapter 40-63 - Renaissance Zones
| Section |
Section Name |
| 40-63-01 |
Definitions |
| 40-63-02 |
Eligibility ‑ Local zone authority designation |
| 40-63-03 |
Renaissance zones |
| 40-63-04 |
Income tax exemptions |
| 40-63-05 |
Property tax exemptions |
| 40-63-06 |
Historic preservation and renovation tax credit |
| 40-63-07 |
Renaissance fund organization ‑ Exemption from taxation |
| 40-63-08 |
Contributions ‑ Use |
| 40-63-09 |
Rules and administration ‑ Income tax secrecy exception |
| 40-63-10 |
Passthrough of tax exemption or credit |
| 40-63-11 |
Tax benefits not available to delinquent taxpayer |
Title 41 - Uniform Commercial Code
Chapter 41-01 - General Provisions
| Section |
Section Name |
| 41-01-01 |
(1‑101) Short titles |
| 41-01-02 |
(1‑102) Scope of chapter |
| 41-01-03 |
(1‑103) Construction of title to promote the title's purposes and policies ‑ Applicability of supplemental principles of law |
| 41-01-04 |
(1‑104) Construction against implied repeal |
| 41-01-05 |
(1‑105) Severability |
| 41-01-06 |
(1‑106) Use of singular and plural ‑ Gender |
| 41-01-07 |
(1‑107) Section captions |
| 41-01-08 |
(1‑108) Relation to Electronic Signatures in Global and National Commerce Act |
| 41-01-09 |
(1‑201) General definitions |
| 41-01-10 |
(1‑202) Notice ‑ Knowledge |
| 41-01-11 |
(1‑203) Lease distinguished from security interest |
| 41-01-12 |
(1‑204) Value |
| 41-01-13 |
(1‑205) Reasonable time ‑ Seasonableness |
| 41-01-14 |
(1‑206) Presumptions |
| 41-01-15 |
(1‑301) Territorial applicability ‑ Parties' power to choose applicable law |
| 41-01-16 |
(1‑302) Variation by agreement |
| 41-01-17 |
(1‑303) Course of performance ‑ Course of dealing ‑ Usage of trade |
| 41-01-18 |
(1‑304) Obligation of good faith |
| 41-01-19 |
(1‑305) Remedies to be liberally administered |
| 41-01-20 |
(1‑306) Waiver or renunciation of claim or right after breach |
| 41-01-21 |
(1‑307) Prima facie evidence by third‑party documents |
| 41-01-22 |
(1‑308) Performance or acceptance under reservation of rights |
| 41-01-23 |
(1‑309) Option to accelerate at will |
| 41-01-24 |
(1‑310) Subordinated obligations |
Chapter 41-02 - Sales
| Section |
Section Name |
| 41-02-01 |
(2‑101) Short title |
| 41-02-02 |
(2‑102) Scope ‑ Certain security and other transactions excluded from this chapter |
| 41-02-03 |
(2‑103) Definitions and index of definitions |
| 41-02-04 |
(2‑104) Between merchants, financing agency, and merchant defined |
| 41-02-05 |
(2‑105) Commercial unit, goods, and lot defined ‑ Transferability |
| 41-02-06 |
(2‑106) Definitions |
| 41-02-07 |
(2‑107) Goods to be severed from realty ‑ Recording |
| 41-02-08 |
(2‑201) Formal requirements ‑ Statute of frauds |
| 41-02-09 |
(2‑202) Final expression ‑ Parol or extrinsic evidence |
| 41-02-10 |
(2‑203) Seals inoperative |
| 41-02-11 |
(2‑204) Formation in general |
| 41-02-12 |
(2‑205) Firm offers |
| 41-02-13 |
(2‑206) Offer and acceptance in formation of contract |
| 41-02-14 |
(2‑207) Additional terms in acceptance or confirmation |
| 41-02-15 |
(2‑208) Course of performance or practical construction |
| 41-02-16 |
(2‑209) Modification, rescission, and waiver |
| 41-02-17 |
(2‑210) Delegation of performance ‑ Assignment of rights |
| 41-02-18 |
(2‑301) General obligations of parties |
| 41-02-19 |
(2‑302) Unconscionable contract or clause |
| 41-02-20 |
(2‑303) Allocation or division of risks |
| 41-02-21 |
(2‑304) Price payable in money, goods, realty, or otherwise |
| 41-02-22 |
(2‑305) Open price term |
| 41-02-23 |
(2‑306) Output, requirements, and exclusive dealings |
| 41-02-24 |
(2‑307) Delivery in single lot or several lots |
| 41-02-25 |
(2‑308) Absence of specified place for delivery |
| 41-02-26 |
(2‑309) Absence of specific time provisions ‑ Notice of termination |
| 41-02-27 |
(2‑310) Open time for payment or running of credit ‑ Authority to ship under reservation |
| 41-02-28 |
(2‑311) Options and cooperation respecting performance |
| 41-02-29 |
(2‑312) Warranty of title and against infringement ‑ Buyer's obligation against infringement |
| 41-02-30 |
(2‑313) Express warranties by affirmation, promise, description, sample |
| 41-02-31 |
(2‑314) Implied warranty ‑ Merchantability ‑ Usage of trade |
| 41-02-32 |
(2‑315) Implied warranty ‑ Fitness for particular purpose |
| 41-02-33 |
(2‑316) Exclusion or modification of warranties |
| 41-02-34 |
(2‑317) Cumulation and conflict of warranties express or implied |
| 41-02-35 |
(2‑318) Third‑party beneficiaries of warranties express or implied |
| 41-02-36 |
(2‑319) F.O.B and F.A.S terms |
| 41-02-37 |
(2‑320) C.I.F and C & F terms |
| 41-02-38 |
(2‑321) C.I.F or C & F ‑ Net landed weights ‑ Payment on arrival ‑ Warranty of condition on arrival |
| 41-02-39 |
(2‑322) Delivery ex‑ship |
| 41-02-40 |
(2‑323) Form of bill of lading required in overseas shipment ‑ Overseas |
| 41-02-41 |
(2‑324) No arrival, no sale term |
| 41-02-42 |
(2‑325) Letter of credit term ‑ Confirmed credit |
| 41-02-43 |
(2‑326) Sale on approval and sale or return ‑ Rights of creditors |
| 41-02-44 |
(2‑327) Special incidents of sale on approval and sale or return |
| 41-02-45 |
(2‑328) Sale by auction |
| 41-02-46 |
(2‑401) Passing of title ‑ Reservation for security ‑ Limited application of section |
| 41-02-47 |
(2‑402) Rights of seller's creditors against sold goods |
| 41-02-48 |
(2‑403) Power to transfer ‑ Good‑faith purchase of goods ‑ Entrusting |
| 41-02-49 |
(2‑501) Insurable interest in goods ‑ Manner of identification of goods |
| 41-02-50 |
(2‑502) Buyer's right to goods on seller's repudiation, failure to deliver, or insolvency |
| 41-02-51 |
(2‑503) Manner of seller's tender of delivery |
| 41-02-52 |
(2‑504) Shipment by seller |
| 41-02-53 |
(2‑505) Seller's shipment under reservation |
| 41-02-54 |
(2‑506) Rights of financing agency |
| 41-02-55 |
(2‑507) Effect of seller's tender ‑ Delivery on condition |
| 41-02-56 |
(2‑508) Cure by seller of improper tender or delivery ‑ Replacement |
| 41-02-57 |
(2‑509) Risk of loss in the absence of breach |
| 41-02-58 |
(2‑510) Effect of breach on risk of loss |
| 41-02-59 |
(2‑511) Tender of payment by buyer ‑ Payment by check |
| 41-02-60 |
(2‑512) Payment by buyer before inspection |
| 41-02-61 |
(2‑513) Buyer's right to inspection of goods |
| 41-02-62 |
(2‑514) When documents deliverable on acceptance ‑ When on payment |
| 41-02-63 |
(2‑515) Preserving evidence of goods in dispute |
| 41-02-64 |
(2‑601) Buyer's rights on improper delivery |
| 41-02-65 |
(2‑602) Manner and effect of rightful rejection |
| 41-02-66 |
(2‑603) Merchant buyer's duties as to rightfully rejected goods |
| 41-02-67 |
(2‑604) Buyer's options as to salvage of rightfully rejected goods |
| 41-02-68 |
(2‑605) Waiver of buyer's objections by failure to particularize |
| 41-02-69 |
(2‑606) What constitutes acceptance of goods |
| 41-02-70 |
(2‑607) Effect of acceptance ‑ Notice of breach ‑ Burden of establishing breach after acceptance ‑ Notice of claim or litigation to person answerable over |
| 41-02-71 |
(2‑608) Revocation of acceptance in whole or in part |
| 41-02-72 |
(2‑609) Right to adequate assurance of performance |
| 41-02-73 |
(2‑610) Anticipatory repudiation |
| 41-02-74 |
(2‑611) Retraction of anticipatory repudiation |
| 41-02-75 |
(2‑612) Installment contract ‑ Breach |
| 41-02-76 |
(2‑613) Casualty to identified goods |
| 41-02-77 |
(2‑614) Substituted performance |
| 41-02-78 |
(2‑615) Excuse by failure of presupposed conditions |
| 41-02-79 |
(2‑616) Procedure on notice claiming excuse |
| 41-02-80 |
(2‑701) Remedies for breach of collateral contracts not impaired |
| 41-02-81 |
(2‑702) Seller's remedies on discovery of buyer's insolvency |
| 41-02-82 |
(2‑703) Seller's remedies in general |
| 41-02-83 |
(2‑704) Seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods |
| 41-02-84 |
(2‑705) Seller's stoppage of delivery in transit or otherwise |
| 41-02-85 |
(2‑706) Seller's resale including contract for resale |
| 41-02-86 |
(2‑707) Person in the position of a seller |
| 41-02-87 |
(2‑708) Seller's damages for nonacceptance or repudiation |
| 41-02-88 |
(2‑709) Action for the price |
| 41-02-89 |
(2‑710) Seller's incidental damages |
| 41-02-90 |
(2‑711) Buyer's remedies in general ‑ Buyer's security interest in rejected goods |
| 41-02-91 |
(2‑712) Cover ‑ Buyer's procurement of substitute goods |
| 41-02-92 |
(2‑713) Buyer's damages for nondelivery or repudiation |
| 41-02-93 |
(2‑714) Buyer's damages for breach in regard to accepted goods |
| 41-02-94 |
(2‑715) Buyer's incidental and consequential damages |
| 41-02-95 |
(2‑716) Buyer's right to specific performance or replevin |
| 41-02-96 |
(2‑717) Deduction of damages from the price |
| 41-02-97 |
(2‑718) Liquidation or limitation of damages ‑ Deposits |
| 41-02-98 |
(2‑719) Contractual modification or limitation of remedy |
| 41-02-99 |
(2‑720) Effect of cancellation or rescission on claims for antecedent breach |
| 41-02-100 |
(2‑721) Remedies for fraud |
| 41-02-101 |
(2‑722) Who can sue third parties for injury to goods |
| 41-02-102 |
(2‑723) Proof of market price ‑ Time and place |
| 41-02-103 |
(2‑724) Admissibility of market quotations |
| 41-02-104 |
(2‑725) Statute of limitations in contracts for sale |
Chapter 41-02.1 - Leases
| Section |
Section Name |
| 41-02.1-01 |
(2A‑101) Short title |
| 41-02.1-02 |
(2A‑102) Scope |
| 41-02.1-03 |
(2A‑103) Definitions and index of definitions |
| 41-02.1-04 |
(2A‑104) Leases subject to other laws |
| 41-02.1-05 |
(2A‑105) Territorial application of article to goods covered by certificate of title |
| 41-02.1-06 |
(2A‑106) Limitation on power of parties to consumer lease to choose applicable law and judicial forum |
| 41-02.1-07 |
(2A‑107) Waiver or renunciation of claim or right after default |
| 41-02.1-08 |
(2A‑108) Unconscionability |
| 41-02.1-09 |
(2A‑109) Option to accelerate at will |
| 41-02.1-10 |
(2A‑201) Statute of frauds |
| 41-02.1-11 |
(2A‑202) Final expression ‑ Parol or extrinsic evidence |
| 41-02.1-12 |
(2A‑203) Seals inoperative |
| 41-02.1-13 |
(2A‑204) Formation in general |
| 41-02.1-14 |
(2A‑205) Firm offers |
| 41-02.1-15 |
(2A‑206) Offer and acceptance in formation of lease contract |
| 41-02.1-16 |
(2A‑207) Course of performance or practical construction |
| 41-02.1-17 |
(2A‑208) Modification, rescission, and waiver |
| 41-02.1-18 |
(2A‑209) Lessee under finance lease as beneficiary of supply contract |
| 41-02.1-19 |
(2A‑210) Express warranties |
| 41-02.1-20 |
(2A‑211) Warranties against interferences and against infringement ‑ Lessee's obligation against infringement |
| 41-02.1-21 |
(2A‑212) Implied warranty of merchantability |
| 41-02.1-22 |
(2A‑213) Implied warranty of fitness for particular purpose |
| 41-02.1-23 |
(2A‑214) Exclusion or modification of warranties |
| 41-02.1-24 |
(2A‑215) Cumulation and conflict of warranties express or implied |
| 41-02.1-25 |
(2A‑216) Third‑party beneficiaries of express and implied warranties |
| 41-02.1-26 |
(2A‑217) Identification |
| 41-02.1-27 |
(2A‑218) Insurance and proceeds |
| 41-02.1-28 |
(2A‑219) Risk of loss |
| 41-02.1-29 |
(2A‑220) Effect of default on risk of loss |
| 41-02.1-30 |
(2A‑221) Casualty to identified goods |
| 41-02.1-31 |
(2A‑301) Enforceability of lease contract |
| 41-02.1-32 |
(2A‑302) Title to and possession of goods |
| 41-02.1-33 |
(2A‑303) Alienability of party's interest under lease contract or of lessor's residual interest in goods ‑ Delegation of performance ‑ Transfer of rights |
| 41-02.1-34 |
(2A‑304) Subsequent lease of goods by lessor |
| 41-02.1-35 |
(2A‑305) Sale or sublease of goods by lessee |
| 41-02.1-36 |
(2A‑306) Priority of certain liens arising by operation of law |
| 41-02.1-37 |
(2A‑307) Priority of liens arising by attachment or levy on, security interests in, and other claims to goods |
| 41-02.1-38 |
(2A‑308) Special rights of creditors |
| 41-02.1-39 |
(2A‑309) Lessor's and lessee's rights when goods become fixtures |
| 41-02.1-40 |
(2A‑310) Lessor's and lessee's rights when goods become accessions |
| 41-02.1-41 |
(2A‑311) Priority subject to subordination |
| 41-02.1-42 |
(2A‑401) Insecurity ‑ Adequate assurance of performance |
| 41-02.1-43 |
(2A‑402) Anticipatory repudiation |
| 41-02.1-44 |
(2A‑403) Retraction of anticipatory repudiation |
| 41-02.1-45 |
(2A‑404) Substituted performance |
| 41-02.1-46 |
(2A‑405) Excused performance |
| 41-02.1-47 |
(2A‑406) Procedure on excused performance |
| 41-02.1-48 |
(2A‑407) Irrevocable promises ‑ Finance leases |
| 41-02.1-49 |
(2A‑501) Default ‑ Procedure |
| 41-02.1-50 |
(2A‑502) Notice after default |
| 41-02.1-51 |
(2A‑503) Modification or impairment of rights and remedies |
| 41-02.1-52 |
(2A‑504) Liquidation of damages |
| 41-02.1-53 |
(2A‑505) Cancellation and termination and effect of cancellation, termination, rescission, or fraud on rights and remedies |
| 41-02.1-54 |
(2A‑506) Statute of limitations |
| 41-02.1-55 |
(2A‑507) Proof of market rent ‑ Time and place |
| 41-02.1-56 |
(2A‑508) Lessee's remedies |
| 41-02.1-57 |
(2A‑509) Lessee's rights on improper delivery ‑ Rightful rejection |
| 41-02.1-58 |
(2A‑510) Installment lease contracts ‑ Rejection and default |
| 41-02.1-59 |
(2A‑511) Merchant lessee's duties as to rightfully rejected goods |
| 41-02.1-60 |
(2A‑512) Lessee's duties as to rightfully rejected goods |
| 41-02.1-61 |
(2A‑513) Cure by lessor of improper tender or delivery ‑ Replacement |
| 41-02.1-62 |
(2A‑514) Waiver of lessee's objections |
| 41-02.1-63 |
(2A‑515) Acceptance of goods |
| 41-02.1-64 |
(2A‑516) Effect of acceptance of goods ‑ Notice of default ‑ Burden of establishing default after acceptance ‑ Notice of claim or litigation to person answerable over |
| 41-02.1-65 |
(2A‑517) Revocation of acceptance of goods |
| 41-02.1-66 |
(2A‑518) Cover ‑ Substitute goods |
| 41-02.1-67 |
(2A‑519) Lessee's damages for nondelivery, repudiation, default, and breach of warranty in regard to accepted goods |
| 41-02.1-68 |
(2A‑520) Lessee's incidental and consequential damages |
| 41-02.1-69 |
(2A‑521) Lessee's right to specific performance or replevin |
| 41-02.1-70 |
(2A‑522) Lessee's right to goods on lessor's insolvency |
| 41-02.1-71 |
(2A‑523) Lessor's remedies |
| 41-02.1-72 |
(2A‑524) Lessor's right to identify goods to lease contract |
| 41-02.1-73 |
(2A‑525) Lessor's right to possession of goods |
| 41-02.1-74 |
(2A‑526) Lessor's stoppage of delivery in transit or otherwise |
| 41-02.1-75 |
(2A‑527) Lessor's rights to dispose of goods |
| 41-02.1-76 |
(2A‑528) Lessor's damages for nonacceptance, failure to pay, repudiation, or other default |
| 41-02.1-77 |
(2A‑529) Lessor's action for the rent |
| 41-02.1-78 |
(2A‑530) Lessor's incidental damages |
| 41-02.1-79 |
(2A‑531) Standing to sue third parties for injury to goods |
| 41-02.1-80 |
(2A‑532) Lessor's rights to residual interest |
Chapter 41-03 - Negotiable Instruments
| Section |
Section Name |
| 41-03-01 |
(3‑101) Short title |
| 41-03-02 |
(3‑102) Subject matter |
| 41-03-03 |
(3‑103) Definitions |
| 41-03-04 |
(3‑104) Negotiable instrument |
| 41-03-05 |
(3‑105) Issue of instrument |
| 41-03-06 |
(3‑106) Unconditional promise or order |
| 41-03-07 |
(3‑107) Instrument payable in foreign money |
| 41-03-08 |
(3‑108) Payable on demand or at a definite time |
| 41-03-09 |
(3‑109) Payable to bearer or to order |
| 41-03-10 |
(3‑110) Identification of person to whom instrument is payable |
| 41-03-11 |
(3‑111) Place of payment |
| 41-03-12 |
(3‑112) Interest |
| 41-03-13 |
(3‑113) Date of instrument |
| 41-03-14 |
(3‑114) Contradictory terms of instrument |
| 41-03-15 |
(3‑115) Incomplete instrument |
| 41-03-16 |
(3‑116) Joint and several liability ‑ Contribution |
| 41-03-17 |
(3‑117) Other agreements affecting an instrument |
| 41-03-18 |
(3‑118) Statute of limitations |
| 41-03-19 |
(3‑119) Notice of right to defend action |
| 41-03-20 |
(3‑201) Negotiation |
| 41-03-21 |
(3‑202) Negotiation subject to rescission |
| 41-03-22 |
(3‑203) Rights acquired by transfer |
| 41-03-23 |
(3‑204) Endorsement |
| 41-03-24 |
(3‑205) Special endorsement ‑ Blank endorsement ‑ Anomalous endorsement |
| 41-03-25 |
(3‑206) Restrictive endorsement |
| 41-03-26 |
(3‑207) Reacquisition |
| 41-03-27 |
(3‑301) Person entitled to enforce instrument |
| 41-03-28 |
(3‑302) Holder in due course |
| 41-03-29 |
(3‑303) Value and consideration |
| 41-03-30 |
(3‑304) Overdue instrument |
| 41-03-31 |
(3‑305) Defenses and claims in recoupment |
| 41-03-32 |
(3‑306) Claims to an instrument |
| 41-03-33 |
(3‑307) Notice of breach of fiduciary duty |
| 41-03-34 |
(3‑308) Proof of signatures and status as holder in due course |
| 41-03-35 |
(3‑309) Enforcement of lost, destroyed, or stolen instrument |
| 41-03-36 |
(3‑310) Effect of instrument on obligation for which taken |
| 41-03-37 |
(3‑311) Accord and satisfaction by use of instrument |
| 41-03-37.1 |
(3‑312) Lost, destroyed, or stolen cashier's check, teller's check, or certified check |
| 41-03-38 |
(3‑401) Signature |
| 41-03-39 |
(3‑402) Signature by representative |
| 41-03-40 |
(3‑403) Unauthorized signature |
| 41-03-41 |
(3‑404) Impostors ‑ Fictitious payees |
| 41-03-42 |
(3‑405) Employer responsibility for fraudulent endorsement by employee |
| 41-03-43 |
(3‑406) Negligence contributing to forged signature or alteration of instrument |
| 41-03-44 |
(3‑407) Alteration |
| 41-03-45 |
(3‑408) Drawee not liable on unaccepted draft |
| 41-03-46 |
(3‑409) Acceptance of draft ‑ Certified check |
| 41-03-47 |
(3‑410) Acceptance varying draft |
| 41-03-48 |
(3‑411) Refusal to pay cashier's checks, teller's checks, and certified checks |
| 41-03-49 |
(3‑412) Obligation of issuer of note or cashier's check |
| 41-03-50 |
(3‑413) Obligation of acceptor |
| 41-03-51 |
(3‑414) Obligation of drawer |
| 41-03-52 |
(3‑415) Obligation of endorser |
| 41-03-53 |
(3‑416) Transfer warranties |
| 41-03-54 |
(3‑417) Presentment warranties |
| 41-03-55 |
(3‑418) Payment or acceptance by mistake |
| 41-03-56 |
(3‑419) Instruments signed for accommodation |
| 41-03-57 |
(3‑420) Conversion of instrument |
| 41-03-58 |
(3‑501) Presentment |
| 41-03-59 |
(3‑502) Dishonor |
| 41-03-60 |
(3‑503) Notice of dishonor |
| 41-03-61 |
(3‑504) Excused presentment and notice of dishonor |
| 41-03-62 |
(3‑505) Evidence of dishonor |
| 41-03-63 |
(3‑601) Discharge and effect of discharge |
| 41-03-64 |
(3‑602) Payment |
| 41-03-65 |
(3‑603) Tender of payment |
| 41-03-66 |
(3‑604) Discharge by cancellation or renunciation |
| 41-03-67 |
(3‑605) Discharge of endorsers and accommodation parties |
Chapter 41-04 - Bank Deposits and Collections
| Section |
Section Name |
| 41-04-01 |
(4‑101) Short title |
| 41-04-02 |
(4‑102) Applicability |
| 41-04-03 |
(4‑103) Variation by agreement ‑ Measure of damages ‑ Action constituting ordinary care |
| 41-04-04 |
(4‑104) Definitions and index of definitions |
| 41-04-05 |
(4‑105) Bank ‑ Collecting bank ‑ Depositary bank ‑ Payor bank ‑ Presenting bank |
| 41-04-06 |
(4‑106) Payable through or payable at bank ‑ Collecting bank |
| 41-04-07 |
(4‑107) Separate office of bank |
| 41-04-08 |
(4‑108) Time of receipt of items |
| 41-04-09 |
(4‑109) Delays |
| 41-04-10 |
(4‑110) Electronic presentment |
| 41-04-11 |
(4‑111) Statute of limitations |
| 41-04-12 |
Construction of chapter ‑ Branch banking |
| 41-04-13 |
(4‑201) Agency status of collecting banks and provisional status of credit ‑ Applicability of chapter ‑ Item endorsed pay any bank |
| 41-04-14 |
(4‑202) Responsibility for collection or return ‑ When action timely |
| 41-04-15 |
(4‑203) Effect of instructions |
| 41-04-16 |
(4‑204) Methods of sending and presenting ‑ Sending directly to payor bank |
| 41-04-17 |
(4‑205) Depositary bank holder of unendorsed item |
| 41-04-18 |
(4‑206) Transfer between banks |
| 41-04-19 |
(4‑207) Transfer warranties |
| 41-04-20 |
(4‑208) Presentment warranties |
| 41-04-21 |
(4‑209) Encoding and retention warranties |
| 41-04-22 |
(4‑210) Security interest of collecting bank in items, accompanying documents, and proceeds |
| 41-04-23 |
(4‑211) When bank gives value for purposes of holder in due course |
| 41-04-24 |
(4‑212) Presentment by notice of item not payable by, through, or at bank ‑ Liability of drawer or endorser |
| 41-04-25 |
(4‑213) Medium and time of settlement by bank |
| 41-04-26 |
(4‑214) Right of chargeback or refund ‑ Liability of collecting bank ‑ Return of item |
| 41-04-27 |
(4‑215) Final payment of item by payor bank ‑ When provisional debits and credits become final ‑ When certain credits become available for withdrawal |
| 41-04-28 |
(4‑216) Insolvency and preference |
| 41-04-29 |
(4‑301) Deferred posting ‑ Recovery of payment by return of items ‑ Time of dishonor ‑ Return of items by payor bank |
| 41-04-30 |
(4‑302) Payor bank's responsibility for late return of item |
| 41-04-31 |
(4‑303) When items subject to notice, stop order, legal process, or setoff ‑ Order in which items may be charged or certified |
| 41-04-32 |
(4‑401) When bank may charge customer's account |
| 41-04-33 |
(4‑402) Bank's liability to customer for wrongful dishonor ‑ Time of determining insufficiency of account |
| 41-04-34 |
(4‑403) Customer's right to stop payment ‑ Burden of proof of loss |
| 41-04-35 |
(4‑404) Bank not obliged to pay check more than six months old |
| 41-04-36 |
(4‑405) Death or incompetence of customer |
| 41-04-37 |
(4‑406) Customer's duty to discover and report unauthorized signature or alteration |
| 41-04-38 |
(4‑407) Payor bank's right to subrogation on improper payment |
| 41-04-39 |
(4‑501) Handling of documentary drafts ‑ Duty to send for presentment and to notify customer of dishonor |
| 41-04-40 |
(4‑502) Presentment of on arrival drafts |
| 41-04-41 |
(4‑503) Responsibility of presenting bank for documents and goods ‑ Report of reasons for dishonor ‑ Referee in case of need |
| 41-04-42 |
(4‑504) Privilege of presenting bank to deal with goods ‑ Security interest for expenses |
Chapter 41-04.1 - Funds Transfers
| Section |
Section Name |
| 41-04.1-01 |
(4A‑101) Short title |
| 41-04.1-02 |
(4A‑102) Subject matter |
| 41-04.1-03 |
(4A‑103) Payment order ‑ Definitions |
| 41-04.1-04 |
(4A‑104) Funds transfer ‑ Definitions |
| 41-04.1-05 |
(4A‑105) Other definitions |
| 41-04.1-06 |
(4A‑106) Time payment order is received |
| 41-04.1-07 |
(4A‑107) Federal reserve regulations and operating circulars |
| 41-04.1-08 |
(4A‑108) Relationship to Electronic Fund Transfer Act |
| 41-04.1-09 |
(4A‑201) Security procedure |
| 41-04.1-10 |
(4A‑202) Authorized and verified payment orders |
| 41-04.1-11 |
(4A‑203) Unenforceability of certain verified payment orders |
| 41-04.1-12 |
(4A‑204) Refund of payment and duty of customer to report with respect to unauthorized payment order |
| 41-04.1-13 |
(4A‑205) Erroneous payment orders |
| 41-04.1-14 |
(4A‑206) Transmission of payment order through funds‑transfer or other communication system |
| 41-04.1-15 |
(4A‑207) Misdescription of beneficiary |
| 41-04.1-16 |
(4A‑208) Misdescription of intermediary bank or beneficiary's bank |
| 41-04.1-17 |
(4A‑209) Acceptance of payment order |
| 41-04.1-18 |
(4A‑210) Rejection of payment order |
| 41-04.1-19 |
(4A‑211) Cancellation and amendment of payment order |
| 41-04.1-20 |
(4A‑212) Liability and duty of receiving bank regarding unaccepted payment order |
| 41-04.1-21 |
(4A‑301) Execution and execution date |
| 41-04.1-22 |
(4A‑302) Obligations of receiving bank in execution of payment order |
| 41-04.1-23 |
(4A‑303) Erroneous execution of payment order |
| 41-04.1-24 |
(4A‑304) Duty of sender to report erroneously executed payment order |
| 41-04.1-25 |
(4A‑305) Liability for late or improper execution or failure to execute payment order |
| 41-04.1-26 |
(4A‑401) Payment date |
| 41-04.1-27 |
(4A‑402) Obligation of sender to pay receiving bank |
| 41-04.1-28 |
(4A‑403) Payment by sender to receiving bank |
| 41-04.1-29 |
(4A‑404) Obligation of beneficiary's bank to pay and give notice to beneficiary |
| 41-04.1-30 |
(4A‑405) Payment by beneficiary's bank to beneficiary |
| 41-04.1-31 |
(4A‑406) Payment by originator to beneficiary ‑ Discharge of underlying obligation |
| 41-04.1-32 |
(4A‑501) Variation by agreement and effect of funds‑transfer system rule |
| 41-04.1-33 |
(4A‑502) Creditor process served on receiving bank ‑ Setoff by beneficiary's bank |
| 41-04.1-34 |
(4A‑503) Injunction or restraining order with respect to funds transfer |
| 41-04.1-35 |
(4A‑504) Order in which items and payment orders may be charged to account ‑ Order withdrawal from account |
| 41-04.1-36 |
(4A‑505) Preclusion of objection to debit of customer's account |
| 41-04.1-37 |
(4A‑506) Rate of interest |
| 41-04.1-38 |
(4A‑507) Choice of law |
Chapter 41-05 - Letters of Credit
| Section |
Section Name |
| 41-05-01 |
(5‑101) Short title |
| 41-05-02 |
(5‑102) Definitions |
| 41-05-03 |
(5‑103) Scope |
| 41-05-04 |
(5‑104) Formal requirements |
| 41-05-05 |
(5‑105) Consideration |
| 41-05-06 |
(5‑106) Issuance ‑ Amendment ‑ Cancellation ‑ Duration |
| 41-05-07 |
(5‑107) Confirmer ‑ Nominated person ‑ Adviser |
| 41-05-08 |
(5‑108) Issuer's rights and obligations |
| 41-05-09 |
(5‑109) Fraud ‑ Forgery |
| 41-05-10 |
(5‑110) Warranties |
| 41-05-11 |
(5‑111) Remedies |
| 41-05-12 |
(5‑112) Transfer of letter of credit |
| 41-05-13 |
(5‑113) Transfer by operation of law |
| 41-05-14 |
(5‑114) Assignment of proceeds |
| 41-05-15 |
(5‑115) Statute of limitations |
| 41-05-16 |
(5‑116) Choice of law and forum |
| 41-05-17 |
(5‑117) Subrogation of issuer, applicant, and nominated person |
| 41-05-18 |
(5‑118) Security interest of issuer or nominated person |
Chapter 41-06 - Bulk Transfers [Repealed]
Chapter 41-07 - Documents of Title
| Section |
Section Name |
| 41-07-01 |
(7‑101) Short title |
| 41-07-02 |
(7‑102) Definitions and index of definitions |
| 41-07-03 |
(7‑103) Relation of chapter to treaty or statute |
| 41-07-04 |
(7‑104) Negotiable and non-negotiable document of title |
| 41-07-05 |
(7‑105) Reissuance in alternative medium |
| 41-07-06 |
(7‑106) Control of electronic document of title |
| 41-07-07 |
(7‑201) Person that may issue a warehouse receipt ‑ Storage under bond |
| 41-07-08 |
(7‑202) Form of warehouse receipt ‑ Effect of omission |
| 41-07-09 |
(7‑203) Liability for nonreceipt or misdescription |
| 41-07-10 |
(7‑204) Duty of care ‑ Contractual limitation of warehouse's liability |
| 41-07-11 |
(7‑205) Title under warehouse receipt defeated in certain cases |
| 41-07-12 |
(7‑206) Termination of storage at warehouse's option |
| 41-07-13 |
(7‑207) Goods must be kept separate ‑ Fungible goods |
| 41-07-14 |
(7‑208) Altered warehouse receipts |
| 41-07-15 |
(7‑209) Lien of warehouse |
| 41-07-16 |
(7‑210) Enforcement of warehouse's lien |
| 41-07-17 |
(7‑301) Liability for nonreceipt or misdescription ‑ Said to contain ‑ Shipper's weight, load, and count ‑ Improper handling |
| 41-07-18 |
(7‑302) Through bills of lading and similar documents of title |
| 41-07-19 |
(7‑303) Diversion ‑ Reconsignment ‑ Change of instructions |
| 41-07-20 |
(7‑304) Tangible bills of lading in a set |
| 41-07-21 |
(7‑305) Destination bills |
| 41-07-22 |
(7‑306) Altered bills of lading |
| 41-07-23 |
(7‑307) Lien of carrier |
| 41-07-24 |
(7‑308) Enforcement of carrier's lien |
| 41-07-25 |
(7‑309) Duty of care ‑ Contractual limitation of carrier's liability |
| 41-07-26 |
(7‑401) Irregularities in issue of receipt or bill or conduct of issuer |
| 41-07-27 |
(7‑402) Duplicate document of title ‑ Overissue |
| 41-07-28 |
(7‑403) Obligation of bailee to deliver ‑ Excuse |
| 41-07-29 |
(7‑404) No liability for good‑faith delivery pursuant to document of title |
| 41-07-30 |
(7‑501) Form of negotiation and requirements of due negotiation |
| 41-07-31 |
(7‑502) Rights acquired by due negotiation |
| 41-07-32 |
(7‑503) Document of title to goods defeated in certain cases |
| 41-07-33 |
(7‑504) Rights acquired in absence of due negotiation ‑ Effect of diversion ‑ Stoppage of delivery |
| 41-07-34 |
(7‑505) Indorser not guarantor for other parties |
| 41-07-35 |
(7‑506) Delivery without indorsement ‑ Right to compel indorsement |
| 41-07-36 |
(7‑507) Warranties on negotiation or delivery of document of title |
| 41-07-37 |
(7‑508) Warranties of collecting bank as to documents of title |
| 41-07-38 |
(7‑509) Adequate compliance with commercial contract |
| 41-07-39 |
(7‑601) Lost, stolen, or destroyed documents of title |
| 41-07-40 |
(7‑602) Judicial process against goods covered by negotiable document of title |
| 41-07-41 |
(7‑603) Conflicting claims ‑ Interpleader |
Chapter 41-08 - Investment Securities
| Section |
Section Name |
| 41-08-01 |
(8‑101) Short title |
| 41-08-02 |
(8‑102) Definitions |
| 41-08-03 |
(8‑103) Rules for determining whether certain obligations and interests are securities or financial assets |
| 41-08-04 |
(8‑104) Acquisition of security or financial asset or interest therein |
| 41-08-05 |
(8‑105) Notice of adverse claim |
| 41-08-06 |
(8‑106) Control |
| 41-08-07 |
(8‑107) Whether endorsement, instruction, or entitlement order is effective |
| 41-08-08 |
(8‑108) Warranties in direct holding |
| 41-08-09 |
(8‑109) Warranties in indirect holding |
| 41-08-10 |
(8‑110) Applicability ‑ Choice of law |
| 41-08-11 |
(8‑111) Clearing corporation rules |
| 41-08-12 |
(8‑112) Creditor's legal process |
| 41-08-13 |
(8‑113) Statute of frauds inapplicable |
| 41-08-14 |
(8‑114) Evidentiary rules concerning certificated securities |
| 41-08-15 |
(8‑115) Securities intermediary and others not liable to adverse claimant |
| 41-08-16 |
(8‑116) Securities intermediary as purchaser for value |
| 41-08-17 |
(8‑201) Issuer |
| 41-08-18 |
(8‑202) Issuer's responsibility and defenses ‑ Notice of defect or defense |
| 41-08-19 |
(8‑203) Staleness as notice of defect or defense |
| 41-08-20 |
(8‑204) Effect of issuer's restriction on transfer |
| 41-08-21 |
(8‑205) Effect of unauthorized signature on security certificate |
| 41-08-22 |
(8‑206) Completion or alteration of security certificate |
| 41-08-23 |
(8‑207) Rights and duties of issuer with respect to registered owners |
| 41-08-24 |
(8‑208) Effect of signature of authenticating trustee, registrar, or transfer agent |
| 41-08-25 |
(8‑209) Issuer's lien |
| 41-08-26 |
(8‑210) Overissue |
| 41-08-27 |
(8‑301) Delivery |
| 41-08-28 |
(8‑302) Rights of purchaser |
| 41-08-29 |
(8‑303) Protected purchaser |
| 41-08-30 |
(8‑304) Endorsement |
| 41-08-31 |
(8‑305) Instruction |
| 41-08-32 |
(8‑306) Effect of guaranteeing signature, endorsement, or instruction |
| 41-08-33 |
(8‑307) Purchaser's right to requisites for registration of transfer |
| 41-08-34 |
(8‑401) Duty of issuer to register transfer |
| 41-08-35 |
(8‑402) Assurance that endorsement or instruction is effective |
| 41-08-36 |
(8‑403) Demand that issuer not register transfer |
| 41-08-37 |
(8‑404) Wrongful registration |
| 41-08-38 |
(8‑405) Replacement of lost, destroyed, or wrongfully taken security certificate |
| 41-08-39 |
(8‑406) Obligation to notify issuer of lost, destroyed, or wrongfully taken security certificate |
| 41-08-40 |
(8‑407) Authenticating trustee, transfer agent, and registrar |
| 41-08-41 |
(8‑501) Securities account ‑ Acquisition of security entitlement from securities intermediary |
| 41-08-42 |
(8‑502) Assertion of adverse claim against entitlement holder |
| 41-08-43 |
(8‑503) Property interest of entitlement holder in financial asset held by securities intermediary |
| 41-08-44 |
(8‑504) Duty of securities intermediary to maintain financial asset |
| 41-08-45 |
(8‑505) Duty of securities intermediary with respect to payments and distributions |
| 41-08-46 |
(8‑506) Duty of securities intermediary to exercise rights as directed by entitlement holder |
| 41-08-47 |
(8‑507) Duty of securities intermediary to comply with entitlement order |
| 41-08-48 |
(8‑508) Duty of securities intermediary to change entitlement holder's position to other form of security holding |
| 41-08-49 |
(8‑509) Specification of duties of securities intermediary by other statute or regulation ‑ Manner of performance of duties of securities intermediary and exercise of rights of entitlement holder |
| 41-08-50 |
(8‑510) Rights of purchaser of security entitlement from entitlement holder |
| 41-08-51 |
(8‑511) Priority among security interests and entitlement holders |
| 41-08-52 |
(8‑603) Savings clause |
Chapter 41-09 - Secured Transactions
| Section |
Section Name |
| 41-09-01 |
(9‑101) Short title |
| 41-09-02 |
(9‑102) Definitions and index of definitions |
| 41-09-03 |
(9‑103) Purchase‑money security interest ‑ Application of payments ‑ Burden of establishing |
| 41-09-04 |
(9‑104) Control of deposit account or uncertificated certificate of deposit |
| 41-09-05 |
(9‑105) Control of electronic copy of record evidencing chattel paper |
| 41-09-05.1 |
(9‑105A) Control of electronic money |
| 41-09-06 |
(9‑106) Control of investment property |
| 41-09-07 |
(9‑107) Control of letter‑of‑credit right |
| 41-09-07.1 |
(9‑107A) Control of controllable electronic record, controllable account, or controllable payment intangible |
| 41-09-07.2 |
(9‑107B) No requirement to acknowledge or confirm ‑ No duties |
| 41-09-08 |
(9‑108) Sufficiency of description |
| 41-09-09 |
(9‑109) Scope |
| 41-09-10 |
(9‑110) Security interests arising under chapter 41‑02 or 41‑02.1 |
| 41-09-11 |
(9‑201) General effectiveness of security agreement |
| 41-09-12 |
(9‑202) Title to collateral immaterial |
| 41-09-13 |
(9‑203) Attachment and enforceability of security interest ‑ Proceeds ‑ Supporting obligations ‑ Formal requisites |
| 41-09-14 |
(9‑204) After‑acquired property ‑ Future advances |
| 41-09-15 |
(9‑205) Use or disposition of collateral permissible |
| 41-09-16 |
(9‑206) Security interest arising in purchase or delivery of financial asset |
| 41-09-17 |
(9‑207) Rights and duties of secured party having possession or control of collateral |
| 41-09-18 |
(9‑208) Additional duties of secured party having control of collateral |
| 41-09-19 |
(9‑209) Duties of secured party if account debtor has been notified of assignment |
| 41-09-20 |
(9‑210) Request for accounting ‑ Request regarding list of collateral or statement of account |
| 41-09-21 |
(9‑301) Law governing perfection and priority of security interests |
| 41-09-22 |
(9‑302) Law governing perfection and priority of agricultural liens |
| 41-09-23 |
(9‑303) Law governing perfection and priority of security interests in goods covered by a certificate of title |
| 41-09-24 |
(9‑304) Law governing perfection and priority of security interests in deposit accounts or certificates of deposit |
| 41-09-25 |
(9‑305) Law governing perfection and priority of security interests in investment property |
| 41-09-26 |
(9‑306) Law governing perfection and priority of security interests in letter‑of‑credit rights |
| 41-09-26.1 |
(9‑306A) Law governing perfection and priority of security interests in chattel paper |
| 41-09-26.2 |
(9‑306B) Law governing perfection and priority of security interests in controllable accounts, controllable electronic records, and controllable payment intangibles |
| 41-09-27 |
(9‑307) Location of debtor |
| 41-09-28 |
(9‑308) When security interest or agricultural lien is perfected ‑ Continuity of perfection |
| 41-09-29 |
(9‑309) Security interest perfected upon attachment |
| 41-09-30 |
(9‑310) When filing required to perfect security interest or agricultural lien ‑ Security interests and agricultural liens to which filing provisions do not apply |
| 41-09-31 |
(9‑311) Perfection of security interests in property subject to certain statutes, regulations, and treaties |
| 41-09-32 |
(9‑312) Perfection of security interests in chattel paper, controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, documents, goods covered by documents, instruments, investment property, letter‑of‑credit rights, money, and uncertificated certificates of deposit ‑ Perfection by permissive filing ‑ Temporary perfection without filing or transfer of possession |
| 41-09-33 |
(9‑313) When possession by or delivery to secured party perfects security interest without filing |
| 41-09-34 |
(9‑314) Perfection by control |
| 41-09-34.1 |
(9‑314A) Perfection by possession and control of chattel paper |
| 41-09-35 |
(9‑315) Secured party's rights on disposition of collateral and in proceeds |
| 41-09-36 |
(9‑316) Effect of change in governing law |
| 41-09-37 |
(9‑317) Interests that take priority over or take free of security interest or agricultural lien |
| 41-09-38 |
(9‑318) No interest retained in right to payment that is sold ‑ Rights and title of seller of account or chattel paper with respect to creditors and purchasers |
| 41-09-39 |
(9‑319) Rights and title of consignee with respect to creditors and purchasers |
| 41-09-40 |
(9‑320) Buyer of goods |
| 41-09-41 |
(9‑321) Licensee of general intangible and lessee of goods in ordinary course of business |
| 41-09-42 |
(9‑322) Priorities among conflicting security interests in and agricultural liens on same collateral |
| 41-09-43 |
(9‑323) Future advances |
| 41-09-44 |
(9‑324) Priority of purchase‑money security interests |
| 41-09-45 |
(9‑325) Priority of security interests in transferred collateral |
| 41-09-46 |
(9‑326) Priority of security interests created by new debtor |
| 41-09-46.1 |
(9‑326A) Priority of security interest in controllable account, controllable electronic record, and controllable payment intangible |
| 41-09-47 |
(9‑327) Priority of security interests in deposit account and uncertificated certificate of deposit |
| 41-09-48 |
(9‑328) Priority of security interests in investment property |
| 41-09-49 |
(9‑329) Priority of security interests in letter‑of‑credit right |
| 41-09-50 |
(9‑330) Priority of purchaser of chattel paper or instrument |
| 41-09-51 |
(9‑331) Priority of rights of purchasers of controllable accounts, controllable electronic records, controllable payment intangibles, documents, instruments, and securities under other articles ‑ Priority of interests in financial assets and security entitlements and protection against assertion of claim under chapters 41‑08 and 41‑12 |
| 41-09-52 |
(9‑332) Transfer of money ‑ Transfer of funds from deposit account |
| 41-09-53 |
(9‑333) Priority of certain liens arising by operation of law |
| 41-09-54 |
(9‑334) Priority of security interests in fixtures and crops |
| 41-09-55 |
(9‑335) Accessions |
| 41-09-56 |
(9‑336) Commingled goods |
| 41-09-57 |
(9‑337) Priority of security interests in goods covered by certificate of title |
| 41-09-58 |
(9‑338) Priority of security interest perfected by filed financing statement providing certain incorrect information |
| 41-09-59 |
(9‑339) Priority subject to subordination |
| 41-09-60 |
(9‑340) Effectiveness of right of recoupment or setoff against deposit account or certificate of deposit |
| 41-09-61 |
(9‑341) Bank's rights and duties with respect to deposit account or certificate of deposit |
| 41-09-62 |
(9‑342) Bank's right to refuse to enter into or disclose existence of control agreement |
| 41-09-63 |
(9‑401) Alienability of debtor's rights |
| 41-09-64 |
(9‑402) Secured party not obligated on contract of debtor or in tort |
| 41-09-65 |
(9‑403) Agreement not to assert defenses against assignee |
| 41-09-66 |
(9‑404) Rights acquired by assignee ‑ Claims and defenses against assignee |
| 41-09-67 |
(9‑405) Modification of assigned contract |
| 41-09-68 |
(9‑406) Discharge of account debtor ‑ Notification of assignment ‑ Identification and proof of assignment ‑ Restrictions on assignment of accounts, chattel paper, payment intangibles, and promissory notes ineffective |
| 41-09-69 |
(9‑407) Restrictions on creation or enforcement of security interest in leasehold interest or in lessor's residual interest |
| 41-09-70 |
(9‑408) Restrictions on assignment of promissory notes, health care insurance receivables, and certain general intangibles ineffective |
| 41-09-71 |
(9‑409) Restrictions on assignment of letter‑of‑credit rights ineffective |
| 41-09-72 |
(9‑501) Filing office |
| 41-09-73 |
(9-502) Contents of financing statement ‑ Record of mortgage as financing statement ‑ Time of filing financing statement ‑ Amending financing statement |
| 41-09-74 |
(9‑503) Name of debtor and secured party |
| 41-09-75 |
(9‑504) Indication of collateral |
| 41-09-76 |
(9‑505) Filing and compliance with other statutes and treaties for consignments, leases, other bailments, and other transactions |
| 41-09-77 |
(9‑506) Effect of errors or omissions |
| 41-09-78 |
(9‑507) Effect of certain events on effectiveness of financing statement |
| 41-09-79 |
(9‑508) Effectiveness of financing statement if new debtor becomes bound by security agreement |
| 41-09-80 |
(9‑509) Persons entitled to file a record |
| 41-09-81 |
(9‑510) Effectiveness of filed record |
| 41-09-82 |
(9‑511) Secured party of record |
| 41-09-83 |
(9‑512) Amendment of financing statement |
| 41-09-84 |
(9‑513) Termination statement ‑ Remedies ‑ Fees |
| 41-09-85 |
(9‑514) Assignment of powers of secured party of record |
| 41-09-86 |
(9‑515) Duration and effectiveness of financing statement ‑ Effect of lapsed financing statement |
| 41-09-87 |
(9‑516) What constitutes filing ‑ Effectiveness of filing |
| 41-09-88 |
(9‑517) Effect of indexing errors |
| 41-09-89 |
(9‑518) Claim concerning inaccurate or wrongfully filed record |
| 41-09-90 |
(9‑519) Numbering, maintaining, and indexing records ‑ Communicating information provided in records |
| 41-09-91 |
(9‑520) Acceptance and refusal to accept record |
| 41-09-92 |
(9‑521) Uniform form of written financing statement and amendment |
| 41-09-93 |
(9‑522) Maintenance and destruction of records |
| 41-09-94 |
(9‑523) Information from filing office ‑ Sale or license of records |
| 41-09-95 |
(9‑524) Delay by filing office |
| 41-09-96 |
(9‑525) Fees |
| 41-09-97 |
(9‑526) Rules |
| 41-09-98 |
(9‑601) Rights after default ‑ Judicial enforcement ‑ Consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes |
| 41-09-99 |
(9‑602) Waiver and variance of rights and duties |
| 41-09-100 |
(9‑603) Agreement on standards concerning rights and duties |
| 41-09-101 |
(9‑604) Procedure if security agreement covers real property or fixtures |
| 41-09-102 |
(9‑605) Unknown debtor or secondary obligor |
| 41-09-103 |
(9‑606) Time of default for agricultural lien |
| 41-09-104 |
(9‑607) Collection and enforcement by secured party |
| 41-09-105 |
(9‑608) Application of proceeds of collection or enforcement ‑ Liability for deficiency and right to surplus |
| 41-09-106 |
(9‑609) Secured party's right to take possession after default |
| 41-09-107 |
(9‑610) Disposition of collateral after default |
| 41-09-108 |
(9‑611) Notification before disposition of collateral |
| 41-09-109 |
(9‑612) Timeliness of notification before disposition of collateral |
| 41-09-110 |
(9‑613) Contents and form of notification before disposition of collateral ‑ General |
| 41-09-111 |
(9‑615) Application of proceeds of disposition ‑ Liability for deficiency and right to surplus |
| 41-09-112 |
(9‑617) Rights of transferee of collateral |
| 41-09-113 |
(9‑618) Rights and duties of certain secondary obligors |
| 41-09-114 |
(9‑619) Transfer of record or legal title |
| 41-09-115 |
(9‑620) Acceptance of collateral in full or partial satisfaction of obligation ‑ Compulsory disposition of collateral |
| 41-09-116 |
(9‑621) Notification of proposal to accept collateral |
| 41-09-117 |
(9‑622) Effect of acceptance of collateral |
| 41-09-118 |
(9‑623) Right to redeem collateral |
| 41-09-119 |
(9‑624) Waiver |
| 41-09-120 |
(9‑625) Remedies for secured party's failure to comply with chapter |
| 41-09-121 |
(9‑626) Action in which deficiency or surplus is in issue |
| 41-09-122 |
(9‑627) Determination of whether conduct was commercially reasonable |
| 41-09-123 |
(9‑628) Nonliability and limitation on liability of secured party ‑ Liability of secondary obligor |
| 41-09-124 |
(9‑702) Savings clause |
| 41-09-125 |
(9‑703) Security interest perfected before effective date |
| 41-09-126 |
(9‑704) Security interest unperfected before effective date |
| 41-09-127 |
(9‑705) Effectiveness of action taken before effective date |
| 41-09-128 |
(9‑706) When initial financing statement suffices to continue effectiveness of financing statement |
| 41-09-129 |
(9‑707) Amendment of pre‑effective‑date financing statement |
| 41-09-130 |
(9‑708) Persons entitled to file initial financing statement or continuation statement |
| 41-09-131 |
(9‑709) Priority |
| 41-09-132 |
(9-802) Savings clause |
| 41-09-133 |
(9-803) Security interest perfected before effective date |
| 41-09-134 |
(9-804) Security interest unperfected before effective date |
| 41-09-135 |
(9-805) Effectiveness of action taken before effective date |
| 41-09-136 |
(9-806) When initial financing statement suffices to continue effectiveness of financing statement |
| 41-09-137 |
(9-807) Amendment of pre‑effective‑date financing statement |
| 41-09-138 |
(9-808) Person entitled to file initial financing statement or continuation statement |
| 41-09-139 |
(9-809) Priority |
Chapter 41-10 - Fraudulent and Harassing Financing Statement Records
Chapter 41-11 - Transitional Provisions for Uniform Commercial Code Amendments (2022)
| Section |
Section Name |
| 41-11-01 |
(A‑101) Title |
| 41-11-02 |
(A‑102) Definitions |
| 41-11-03 |
(A‑201) Saving clause |
| 41-11-04 |
(A‑301) Saving clause |
| 41-11-05 |
(A‑302) Security interest perfected before effective date |
| 41-11-06 |
(A‑303) Security interest unperfected before effective date |
| 41-11-07 |
(A‑304) Effectiveness of actions taken before effective date |
| 41-11-08 |
(A‑305) Priority |
| 41-11-09 |
(A‑306) Priority of claims when priority rules of chapter 41‑09 do not apply |
Chapter 41-12 - Uniform Commercial Code - Controllable Electronic Records
| Section |
Section Name |
| 41-12-01 |
(12‑101) Title |
| 41-12-02 |
(12‑102) Definitions |
| 41-12-03 |
(12‑103) Relation to chapter 41‑09 and consumer laws |
| 41-12-04 |
(12‑104) Rights in controllable account, controllable electronic record, and controllable payment intangible |
| 41-12-05 |
(12‑105) Control of controllable electronic record |
| 41-12-06 |
(12‑106) Discharge of account debtor on controllable account or controllable payment intangible |
| 41-12-07 |
(12‑107) Governing law |
Title 42 - Nuisances
Chapter 42-01 - General Provisions
| Section |
Section Name |
| 42-01-01 |
Nuisance ‑ Definition |
| 42-01-01.1 |
Sport shooting range deemed not a nuisance |
| 42-01-01.2 |
Disorderly house ‑ Public nuisance |
| 42-01-02 |
Private nuisance ‑ Definition |
| 42-01-03 |
Private nuisance ‑ Remedies against |
| 42-01-04 |
Abatement by private person |
| 42-01-05 |
Abatement ‑ When notice required |
| 42-01-06 |
Public nuisance ‑ Definition |
| 42-01-07 |
Public nuisance ‑ Remedies against |
| 42-01-08 |
Civil action ‑ When maintainable by a private person |
| 42-01-09 |
Abatement by public officer |
| 42-01-10 |
Abatement by private persons |
| 42-01-11 |
Right to damages not prejudiced by abatement |
| 42-01-12 |
Act done under statutory authority not deemed nuisance |
| 42-01-13 |
Liability of successive owners of property for failure to abate nuisance |
| 42-01-14 |
Lapse of time ‑ Effect on public nuisance |
| 42-01-15 |
Maintaining public nuisance ‑ Penalty |
Chapter 42-02 - Abatement of Common Nuisance
| Section |
Section Name |
| 42-02-01 |
Who may bring abatement |
| 42-02-02 |
Injunction ‑ Proceedings |
| 42-02-03 |
Temporary injunction ‑ When officers take possession of property |
| 42-02-04 |
Nuisance ‑ Abatement |
| 42-02-05 |
When premises released |
| 42-02-06 |
Termination of lease by owner under injunction releases property ‑ Notice to tenant |
| 42-02-07 |
Evidence admissible |
| 42-02-08 |
Claim of privilege denied |
| 42-02-09 |
Reasonable attorney's fees |
| 42-02-10 |
Injunction ‑ Penalty for violation |
| 42-02-11 |
Contempt proceeding |
Chapter 42-03 - Dogs as Public Nuisance
Chapter 42-04 - Agricultural Operations as Nuisances
| Section |
Section Name |
| 42-04-01 |
Agricultural operation defined |
| 42-04-02 |
Agricultural operation deemed not nuisance |
| 42-04-03 |
Recovery for water pollution, condition, or overflow |
| 42-04-04 |
Effect on local ordinances |
| 42-04-05 |
Effect on contracts |
Title 43 - Occupations and Professions
Chapter 43-01 - Abstracters
| Section |
Section Name |
| 43-01-01 |
Board ‑ Definition |
| 43-01-02 |
Abstracters' board of examiners ‑ Appointment ‑ Term of office ‑ Vacancies |
| 43-01-03 |
Officers of board ‑ Power to administer oaths |
| 43-01-04 |
Compensation |
| 43-01-05 |
Duties of board ‑ Power to make rules ‑ Seal |
| 43-01-06 |
Biennial report |
| 43-01-07 |
Moneys of board ‑ How disbursed |
| 43-01-08 |
Records of board |
| 43-01-09 |
Requirements of abstracter of title ‑ Records ‑ Certificate of registration bond or liability policy |
| 43-01-10 |
Certificate of registration ‑ Application ‑ Examination ‑ Fee |
| 43-01-10.1 |
Conviction not bar to certification ‑ Exceptions |
| 43-01-11 |
Bonds or liability policy ‑ Deductible policy permitted |
| 43-01-12 |
Board may require additional security on abstracter's bond |
| 43-01-13 |
Seal of abstracter |
| 43-01-14 |
Certification of authority ‑ Fee ‑ Renewal |
| 43-01-15 |
Authority and duty of abstracter under certificate |
| 43-01-15.1 |
Surface abstracts and mineral abstracts to be furnished upon request ‑ Zoning and subdivision exclusion upon request |
| 43-01-16 |
Cancellation or denial of certificate ‑ Discipline |
| 43-01-17 |
Appeal from cancellation of certificate |
| 43-01-18 |
Fees chargeable by abstracter ‑ Adjustments |
| 43-01-19 |
County officers may certify abstracts |
| 43-01-20 |
Penalty |
| 43-01-21 |
Abstract prima facie evidence of title ‑ When recorded |
| 43-01-22 |
Abstract prepared by regularly bonded abstracter is evidence |
| 43-01-23 |
Temporary authority of an abstracter to act in an additional county |
| 43-01-24 |
Utility easement documentation abstracts upon request |
Chapter 43-02 - Accountants [Repealed]
Chapter 43-02.1 - Public Accountancy Act [Repealed]
Chapter 43-02.2 - Accountants
Chapter 43-03 - Architects and Landscape Architects
| Section |
Section Name |
| 43-03-01 |
Definitions |
| 43-03-02 |
Persons exempt from regulations |
| 43-03-03 |
State board of architecture and landscape architecture ‑ Members ‑ Term of office ‑ How vacancies filled |
| 43-03-04 |
Qualifications of members of board ‑ Removal of members |
| 43-03-05 |
Meetings of board ‑ Officers elected |
| 43-03-06 |
Salary of executive director ‑ Expenses of board |
| 43-03-07 |
Deposit of fees ‑ Separate fund ‑ Vouchers |
| 43-03-08 |
Board to adopt rules |
| 43-03-09 |
Prohibited acts ‑ Injunction |
| 43-03-10 |
Regulation of use of titles |
| 43-03-11 |
Application for examination ‑ Fee |
| 43-03-12 |
Board to issue certificates of registration |
| 43-03-13 |
Qualifications |
| 43-03-14 |
Examination |
| 43-03-15 |
When examination not necessary |
| 43-03-16 |
Result of examinations recorded ‑ List of certificate holders |
| 43-03-17 |
Certificates of registration ‑ Term |
| 43-03-18 |
Fees |
| 43-03-19 |
Renewal ‑ Forfeiture |
| 43-03-20 |
Revocation, denial, or suspension of registration |
| 43-03-21 |
Penalty |
| 43-03-22 |
Stamp |
| 43-03-23 |
Liability for contractor's fault ‑ Liability for own negligence |
| 43-03-24 |
Landscape architect and architect advisory committees |
| 43-03-25 |
Use of additional funds for landscape architect regulation |
Chapter 43-04 - Barbers
| Section |
Section Name |
| 43-04-01 |
Definitions |
| 43-04-02 |
Declaration of policy |
| 43-04-03 |
Exemptions |
| 43-04-04 |
Board of barber examiners ‑ Appointment ‑ Term of office ‑ Qualifications |
| 43-04-05 |
Oath of office ‑ How vacancies filled ‑ Removal |
| 43-04-06 |
Officers of board ‑ Power to administer oath ‑ Bond |
| 43-04-07 |
Compensation ‑ Expenses ‑ How paid |
| 43-04-08 |
Expenses ‑ How paid |
| 43-04-09 |
Headquarters of board ‑ Board to adopt seal ‑ Quorum |
| 43-04-10 |
Board to employ necessary inspectors and assistants |
| 43-04-11 |
Rules and orders |
| 43-04-12 |
General powers of board |
| 43-04-13 |
Investigations |
| 43-04-14 |
Reports to board |
| 43-04-15 |
Information obtained by board confidential |
| 43-04-16 |
Order fixing minimum price schedules of barber services |
| 43-04-17 |
Amending or modifying price schedules after approval |
| 43-04-18 |
Records of board ‑ Register of certificates |
| 43-04-19 |
Biennial report |
| 43-04-20 |
Moneys of board held by treasurer ‑ How disbursed |
| 43-04-21 |
Barbershop under the supervision of registered barber |
| 43-04-22 |
Apprentice barber ‑ Certificate of registration required ‑ Powers |
| 43-04-23 |
Qualifications for certificate of registration as registered apprentice |
| 43-04-24 |
Minimum standard of schools of barbering |
| 43-04-25 |
Application for admission to barber school |
| 43-04-26 |
Application for admission to barber school for postgraduate course |
| 43-04-27 |
Barber school must have permit |
| 43-04-28 |
Apprentice ‑ Permit to practice |
| 43-04-29 |
Apprenticeship in other state applied to apprenticeship required for registration |
| 43-04-30 |
Barber ‑ Certificate of registration required ‑ Rules |
| 43-04-30.1 |
Continuing education requirements |
| 43-04-31 |
Qualifications for certificate of registration as registered barber |
| 43-04-31.1 |
Conviction not bar to certification or permit ‑ Exceptions |
| 43-04-31.2 |
Restricted barber license ‑ Requirements |
| 43-04-31.3 |
Temporary barber license ‑ Requirements |
| 43-04-31.4 |
Retired barber license ‑ Requirements |
| 43-04-32 |
Licensed barber ‑ Application for examination |
| 43-04-33 |
Examinations ‑ Barber |
| 43-04-34 |
Failure to pass examination for apprentice barber ‑ When applicant may be re-examined |
| 43-04-35 |
Failure to pass examination for registered barber ‑ When applicant may be re‑examined |
| 43-04-36 |
Barber ‑ Certificate of registration ‑ When issued |
| 43-04-37 |
Display of certificate of registered barber |
| 43-04-38 |
Persons having practiced barbering in another state ‑ Permit to practice as journeyman barber |
| 43-04-38.1 |
Persons having practiced barbering in another state ‑ Qualifications for certificate of registration as registered barber |
| 43-04-39 |
Renewal and restoration of certificates of barber |
| 43-04-40 |
Refusal and revocation of certificate |
| 43-04-41 |
Revocation of, suspension of, or refusal to issue certificate ‑ Hearing |
| 43-04-42 |
Fees |
| 43-04-43 |
Barbershop ‑ Regulations |
| 43-04-43.1 |
Mobile barbershop ‑ Regulations ‑ Requirements |
| 43-04-44 |
Inspection of barbershops and barber schools |
| 43-04-45 |
Penalty |
| 43-04-46 |
Board may institute actions |
| 43-04-47 |
Perjury ‑ Penalty |
| 43-04-48 |
Appeals |
| 43-04-49 |
Deceptive acts ‑ Barber poles |
Chapter 43-05 - Podiatrists
| Section |
Section Name |
| 43-05-01 |
Definitions |
| 43-05-02 |
Exceptions |
| 43-05-03 |
Board of podiatric medicine ‑ Appointment of members ‑ Term of office ‑ Qualifications ‑ Vacancies ‑ Duties ‑ Quorum ‑ Records |
| 43-05-04 |
Meetings ‑ When held ‑ Officers |
| 43-05-05 |
Secretary‑treasurer ‑ Bond ‑ Allowance |
| 43-05-06 |
Compensation of members of board |
| 43-05-07 |
Secretary‑treasurer of board ‑ Duties ‑ Record ‑ Reports |
| 43-05-08 |
Rules and regulations ‑ Board to make |
| 43-05-09 |
License to practice podiatry required |
| 43-05-10 |
Application ‑ Examination fee |
| 43-05-11 |
Qualifications of licensee |
| 43-05-11.1 |
Conviction not bar to licensure ‑ Exceptions |
| 43-05-12 |
Examination ‑ Temporary permit |
| 43-05-13 |
Re-examination when applicant fails in first examination |
| 43-05-14 |
When license issued without examination |
| 43-05-15 |
Renewal of license ‑ Fee ‑ Established by board ‑ Failure to pay ‑ Reinstatement |
| 43-05-16 |
Grounds for disciplinary action |
| 43-05-16.1 |
Forms of disciplinary action ‑ Dates ‑ Automatic suspensions ‑ Reissuance |
| 43-05-16.2 |
Suspension or revocation of license |
| 43-05-16.3 |
Powers of the board ‑ Podiatrist cooperation |
| 43-05-16.4 |
Mental examination ‑ Access to medical data |
| 43-05-16.5 |
Reporting obligations |
| 43-05-16.6 |
Board immunity and privileged communications |
| 43-05-16.7 |
Costs of prosecution ‑ Disciplinary proceedings |
| 43-05-16.8 |
Loan for litigation expenses |
| 43-05-17 |
Penalty |
Chapter 43-06 - Chiropractors
| Section |
Section Name |
| 43-06-01 |
Definitions |
| 43-06-02 |
Who is exempt from the provisions of this chapter |
| 43-06-03 |
State board of chiropractic examiners ‑ Members ‑ Appointment ‑ Qualifications |
| 43-06-04 |
Board of chiropractic examiners ‑ Members ‑ Term of office |
| 43-06-04.1 |
Powers and duties of board |
| 43-06-05 |
Meetings of board ‑ When held ‑ Place of meeting ‑ Quorum ‑ Officers ‑ Seal ‑ Compensation ‑ Expenses ‑ How paid |
| 43-06-06 |
Fund ‑ How disbursed ‑ Where deposited |
| 43-06-07 |
Records of the board |
| 43-06-08 |
License required ‑ Application ‑ Examination required ‑ Fee |
| 43-06-09 |
Chiropractor ‑ Qualifications |
| 43-06-09.1 |
Conviction not bar to licensure or certification ‑ Exceptions |
| 43-06-10 |
Examination ‑ Subjects covered |
| 43-06-10.1 |
National board examination |
| 43-06-11 |
License ‑ When issued ‑ Who issues ‑ Title used by licensed chiropractor |
| 43-06-11.1 |
Criminal history record checks |
| 43-06-12 |
Re-examination ‑ Fee |
| 43-06-13 |
Term of license ‑ Renewal ‑ Fee ‑ Requirements |
| 43-06-14 |
License ‑ How recorded |
| 43-06-14.1 |
Peer review of services and fees |
| 43-06-15 |
Grounds for denial of licensure, revocation, or suspension of license or other action of the board ‑ Signed written statement ‑ Investigation ‑ Hearing |
| 43-06-16 |
Duties of chiropractor |
| 43-06-16.1 |
Certified chiropractic clinical assistant |
| 43-06-17 |
Right of chiropractor to practice in public and private hospitals and institutions |
| 43-06-17.1 |
Temporary suspension - Appeal |
| 43-06-18 |
State's attorney to enforce law |
| 43-06-19 |
Penalty |
Chapter 43-07 - Contractors
| Section |
Section Name |
| 43-07-01 |
Definitions |
| 43-07-02 |
License required - Construction fraud - Penalty |
| 43-07-03 |
Registrar authority |
| 43-07-04 |
License ‑ How obtained ‑ Failure to grant ‑ Revocation for not in good standing |
| 43-07-04.1 |
Denial, suspension, or revocation of license - Eligibility |
| 43-07-05 |
Classes of licenses |
| 43-07-06 |
Administrative and governing bodies may impose requirements |
| 43-07-07 |
Classes of licenses ‑ License fees ‑ License renewal fees |
| 43-07-08 |
Exceptions |
| 43-07-09 |
Duty of registrar ‑ Expiration of license |
| 43-07-09.1 |
Name changes |
| 43-07-10 |
Renewal of license ‑ Grounds for nonrenewal ‑ Time requirements ‑ Invalidity of license for failure to renew |
| 43-07-11 |
Contractor's bond ‑ Requirements |
| 43-07-11.1 |
Contracts with state |
| 43-07-12 |
Bids to show license issued |
| 43-07-13 |
Records and certified copies of records |
| 43-07-14 |
Complaint for license revocation ‑ Consumer fraud action |
| 43-07-15 |
Procedure for revocation or suspension of license ‑ Restitution ‑ Civil penalties ‑ Appeal |
| 43-07-16 |
Cancellation of license ‑ Appeal |
| 43-07-17 |
Revocation of license ‑ Relicensing |
| 43-07-18 |
Penalty |
| 43-07-19 |
Nonresident contractors ‑ Agent for service of process |
| 43-07-20 |
Employment preference in contract |
| 43-07-21 |
Penalty ‑ Injunction proceedings |
| 43-07-22 |
Enforcement responsibility |
| 43-07-23 |
Allowable retention of estimates ‑ Interest on retainage |
| 43-07-24 |
Duty to supply license number when applying for building permit ‑ Display of number |
| 43-07-25 |
Licensed contractors' list |
| 43-07-26 |
Warranty repairs ‑ Required notice |
Chapter 43-08 - Dentists [Repealed]
Chapter 43-09 - Electricians
| Section |
Section Name |
| 43-09-01 |
Definitions |
| 43-09-02 |
State electrical board ‑ Members ‑ Terms of office ‑ Vacancies |
| 43-09-03 |
Qualifications of members of board |
| 43-09-04 |
Officers of board ‑ Compensation of members |
| 43-09-05 |
Powers and duties of state electrical board ‑ Biennial report |
| 43-09-06 |
Meetings of board |
| 43-09-07 |
Expenses of board ‑ How paid |
| 43-09-08 |
Treasurer to hold moneys of board ‑ Use ‑ Disbursement |
| 43-09-09 |
License required ‑ Examination ‑ Board to issue license |
| 43-09-09.1 |
Conviction not bar to licensure ‑ Exceptions |
| 43-09-09.2 |
Advertising prohibited ‑ Exceptions ‑ Liability ‑ Penalty |
| 43-09-10 |
Types of licenses |
| 43-09-11 |
Qualifications |
| 43-09-12 |
Examination ‑ Requirements |
| 43-09-13 |
License fees |
| 43-09-13.1 |
Apprentice electrician registration |
| 43-09-13.2 |
Inspectors ‑ License required ‑ Exception |
| 43-09-14 |
Master electrician and class B electrician ‑ Undertaking ‑ Fund |
| 43-09-15 |
Renewal of license ‑ Denial, suspension, or revocation of licenses |
| 43-09-15.1 |
Education |
| 43-09-16 |
When license not required |
| 43-09-17 |
Journeyman electrician's permit |
| 43-09-18 |
Apprentice |
| 43-09-19 |
Report of work done by licensee |
| 43-09-20 |
Installations made with master electrician, class B electrician, or power limited electrician ‑ Requirement for liability insurance |
| 43-09-21 |
Standards for wiring, apparatus, and equipment |
| 43-09-22 |
Inspection of installation ‑ Condemnation |
| 43-09-23 |
Criminal penalty ‑ Civil proceedings |
| 43-09-24 |
Special emergency |
| 43-09-25 |
License to nonresidents ‑ Reciprocity |
| 43-09-26 |
Exemption for coal mines |
| 43-09-27 |
Powers and duties of the board ‑ Regulation of conveyances ‑ Exceptions |
| 43-09-28 |
Conveyance permit required |
| 43-09-29 |
Conveyance permit revocation or suspension |
| 43-09-30 |
Conveyance permit expiration |
| 43-09-31 |
Certificate of operation ‑ Penalty |
| 43-09-32 |
Reporting of accidents |
| 43-09-33 |
Inspection and testing of conveyances ‑ Removal from service |
| 43-09-34 |
Elevator inspector and contractor registration |
Chapter 43-10 - Funeral Service Practitioners
| Section |
Section Name |
| 43-10-01 |
Definitions |
| 43-10-02 |
State board of funeral service ‑ Members ‑ Appointment ‑ Qualifications ‑ Term of office ‑ Oath ‑ Vacancies ‑ Removal |
| 43-10-03 |
Officers of board ‑ Compensation of members ‑ Treasurer's bond |
| 43-10-04 |
Meetings of the board ‑ Quorum |
| 43-10-05 |
Power of board to adopt rules for transaction of business ‑ Seal ‑ License fees |
| 43-10-06 |
Duty of board to adopt rules to prevent the spread of contagious diseases |
| 43-10-06.1 |
State board of funeral service to establish means of disposition |
| 43-10-06.2 |
Continuing education requirements |
| 43-10-06.3 |
Information seminars |
| 43-10-07 |
Records of board ‑ Admissible evidence |
| 43-10-08 |
Biennial report |
| 43-10-09 |
Use of fees ‑ Funds kept by treasurer ‑ How disbursed |
| 43-10-10 |
License required |
| 43-10-10.1 |
Funeral practice ‑ Exceptions |
| 43-10-11 |
Examination required ‑ Application ‑ Qualification |
| 43-10-11.1 |
Conviction not bar to licensure ‑ Exceptions |
| 43-10-12 |
Examinations ‑ Subjects covered ‑ Written ‑ Record |
| 43-10-13 |
License ‑ When granted ‑ Fee ‑ Signed by majority of board ‑ Nontransferable ‑ Where displayed |
| 43-10-13.1 |
Limitations or qualifications placed on licensee |
| 43-10-14 |
License by reciprocity |
| 43-10-15 |
License ‑ Term ‑ Renewal ‑ Fee for renewal |
| 43-10-15.1 |
Late renewal |
| 43-10-15.2 |
Issuance of duplicate licenses |
| 43-10-15.3 |
Change of name |
| 43-10-15.4 |
Intern embalmer ‑ Application ‑ Qualifications |
| 43-10-15.5 |
Certificate of registration ‑ Term ‑ Renewal ‑ Fee for renewal |
| 43-10-16 |
Grounds for disciplinary action ‑ Reimbursement of costs |
| 43-10-16.1 |
Expiration of suspended license ‑ Renewal |
| 43-10-16.2 |
Restoration of license after revocation |
| 43-10-17 |
Revocation of license ‑ When proceedings commenced ‑ Hearing ‑ Time |
| 43-10-18 |
Notice of hearing ‑ Contents |
| 43-10-19 |
Hearing ‑ Appeals |
| 43-10-20 |
Penalty |
| 43-10-21 |
Definition |
| 43-10-22 |
Licensure of funeral establishments |
| 43-10-22.1 |
Display of license |
| 43-10-23 |
Inspections ‑ Hearings ‑ Revocations ‑ Appeal |
| 43-10-24 |
Penalty |
| 43-10-25 |
Licensure of crematoriums |
| 43-10-25.1 |
Grounds for disciplinary action |
| 43-10-26 |
Disposition of stored cremated remains |
Chapter 43-10.1 - Pre-Need Funeral Services
Chapter 43-11 - Cosmetologists
| Section |
Section Name |
| 43-11-01 |
Definitions |
| 43-11-02 |
Exemptions from provisions of chapter |
| 43-11-03 |
State board of cosmetology ‑ Appointment ‑ Term ‑ Removal |
| 43-11-04 |
Members of board ‑ Qualifications |
| 43-11-05 |
Officers of board ‑ Powers ‑ Rulemaking |
| 43-11-06 |
Compensation of members of board ‑ How paid |
| 43-11-07 |
Bond of secretary |
| 43-11-08 |
Meetings of the board |
| 43-11-09 |
Fees ‑ Deposited with state treasurer ‑ Expenses ‑ How paid |
| 43-11-10 |
Records of board ‑ Fees ‑ Expenses ‑ How paid |
| 43-11-10.1 |
Material changes to practice act |
| 43-11-11 |
Rules of cleaning and disinfecting ‑ Practice outside salon |
| 43-11-11.1 |
Use of brush rollers authorized |
| 43-11-12 |
Employees of board |
| 43-11-13 |
License required |
| 43-11-13.1 |
License ‑ Master esthetician and master manicurist |
| 43-11-13.2 |
Homebound license |
| 43-11-14 |
Licenses ‑ Board to issue ‑ Form ‑ Displayed |
| 43-11-15 |
Establishment ownership and operation |
| 43-11-15.1 |
Exemption from licensing requirement - Licensed nursing homes, basic care facilities, and assisted living centers |
| 43-11-16 |
Schools of cosmetology ‑ Qualifications for licensure |
| 43-11-16.1 |
Internships and apprenticeship programs |
| 43-11-17 |
Licenses issued for schools of cosmetology and cosmetology salons ‑ Fee for registration |
| 43-11-18 |
School advertising must disclose work done by students ‑ Violation ‑ Cancellation of license |
| 43-11-19 |
Students ‑ Registration |
| 43-11-20 |
Student practice |
| 43-11-20.1 |
Refund of student tuition fees upon cancellation of course |
| 43-11-20.2 |
Negotiation of promissory instruments |
| 43-11-20.3 |
Cancellation of contract for instruction |
| 43-11-20.4 |
Exemption from postsecondary license requirement ‑ Solicitor's permit required |
| 43-11-21 |
Cosmetologist, esthetician, advanced esthetician, manicurist license ‑ Examination required ‑ Application ‑ Examination ‑ Fees |
| 43-11-22 |
Board to determine qualifications of applicants ‑ Delegation of power |
| 43-11-23 |
Examination |
| 43-11-24 |
Cosmetologist, esthetician, advanced esthetician, or manicurist license ‑ When issued ‑ Failure to pass examination ‑ Re‑examination |
| 43-11-25 |
Licensure by endorsement |
| 43-11-25.1 |
International applicants |
| 43-11-25.2 |
Applications to practice cosmetology - Active-duty military members - Veterans - Spouses |
| 43-11-26 |
Master cosmetologist, master esthetician, and master manicurist ‑ License ‑ Qualifications |
| 43-11-26.1 |
Advanced esthetician license ‑ Grandfather provision |
| 43-11-26.2 |
License requirements - Additional certifications for advanced estheticians |
| 43-11-27 |
Instructor's license ‑ Student instructor's license ‑ Registration ‑ Qualifications |
| 43-11-27.1 |
Esthetician and manicurist licenses ‑ Qualifications ‑ Fees |
| 43-11-27.2 |
Scope of practice - Noninvasive care limitation ‑ Advanced esthetic exception |
| 43-11-28 |
Fees and qualifications |
| 43-11-29 |
License renewal ‑ Failure to renew |
| 43-11-29.1 |
Establishment, independent licensee license renewal - Failure to renew |
| 43-11-29.2 |
School license renewal ‑ Failure to renew |
| 43-11-30 |
Revocation or suspension of license |
| 43-11-31 |
License ‑ Refusal to grant ‑ Grounds |
| 43-11-32 |
Hearings |
| 43-11-33 |
Board may subpoena witnesses ‑ Fees ‑ How paid |
| 43-11-34 |
Appeal from actions of the board |
| 43-11-35 |
Penalty |
| 43-11-36 |
Minimum fees may be established ‑ Conditions ‑ How |
| 43-11-37 |
Inspections of establishments, independent licensees, and schools |
| 43-11-38 |
Inspection generated by a complaint |
| 43-11-39 |
Refusal to allow inspection |
Chapter 43-12 - Nurse Scholarships and Loans [Repealed]
Chapter 43-12.1 - Nurse Practices Act
Chapter 43-12.2 - Medical Personnel Loan Repayment Program [Repealed]
Chapter 43-12.3 - Health Care Professional Student Loan Repayment Program
| Section |
Section Name |
| 43-12.3-01 |
Student loan repayment programs ‑ Health care professionals |
| 43-12.3-02 |
Application process |
| 43-12.3-03 |
Public and private entities ‑ Selection criteria ‑ Matching funds |
| 43-12.3-04 |
Public and private entities ‑ Eligibility for participation ‑ Priority |
| 43-12.3-05 |
Health care professionals ‑ Selection criteria |
| 43-12.3-06 |
Student loan repayment program ‑ Contract |
| 43-12.3-07 |
Powers of the department ‑ Continuing appropriation |
Chapter 43-12.4 - Nurse Licensure Compact
| Section |
Section Name |
| 43-12.4-01 |
Nurse licensure compact |
Chapter 43-12.5 - Advanced Practice Registered Nurse Licensure Compact
| Section |
Section Name |
| 43-12.5-01 |
Advanced practice registered nurse licensure compact |
Chapter 43-13 - Optometrists
| Section |
Section Name |
| 43-13-01 |
Definitions |
| 43-13-02 |
Persons exempt from provisions of chapter |
| 43-13-03 |
North Dakota state board of optometry ‑ Members ‑ Appointment ‑ Qualifications ‑ Terms of office ‑ Oath ‑ Vacancies |
| 43-13-04 |
Officers of board ‑ Election ‑ Term of office ‑ Duty of president |
| 43-13-05 |
Executive director of board ‑ Duties ‑ Record ‑ Custodian of fees ‑ Report |
| 43-13-06 |
Secretary of board ‑ Bond |
| 43-13-07 |
Compensation and expenses of board members |
| 43-13-08 |
Executive director of board ‑ Compensation |
| 43-13-09 |
Biennial report |
| 43-13-10 |
Meetings of board ‑ Quorum ‑ What constitutes |
| 43-13-11 |
Records of board |
| 43-13-12 |
Records of board as evidence |
| 43-13-13 |
Duties of board |
| 43-13-13.1 |
Board may authorize use of ocular diagnostic pharmaceutical agents ‑ Training required for certification ‑ Board may adopt rules |
| 43-13-13.2 |
Practice of optometry ‑ Requirements to practice optometry ‑ Informed consent |
| 43-13-13.3 |
Standard of care |
| 43-13-14 |
Members of board to administer oaths ‑ Seal of board |
| 43-13-15 |
Unlawful to practice without license ‑ Regulations |
| 43-13-16 |
Examination required ‑ When given |
| 43-13-17 |
Application for licensure ‑ Contents ‑ Educational requirements ‑ Fee |
| 43-13-18 |
Licensure by endorsement |
| 43-13-19 |
License ‑ When issued ‑ Fee |
| 43-13-20 |
Term of license ‑ Renewal ‑ Annual license fee ‑ Continuing educational requirements |
| 43-13-21 |
License to be displayed |
| 43-13-21.1 |
Disciplinary powers of the board |
| 43-13-22 |
License ‑ When revoked |
| 43-13-23 |
Revocation of license ‑ Notice |
| 43-13-24 |
Revocation of license ‑ Hearing ‑ Procedure ‑ Witnesses ‑ Expenses |
| 43-13-25 |
Determination of board constitutes revocation of license |
| 43-13-26 |
Revocation of license ‑ Appeal |
| 43-13-26.1 |
Impaired optometrists |
| 43-13-27 |
Penalty |
| 43-13-28 |
Prohibitions |
| 43-13-29 |
Prohibiting solicitation of sale of optical appliances and visual services by means of advertisement or otherwise |
| 43-13-30 |
Reports and testimony accepted ‑ Nondiscrimination and freedom of choice of ocular practitioner |
| 43-13-31 |
Discrimination in optometric services prohibited |
| 43-13-32 |
Board immunity and privileged communications |
Chapter 43-14 - Osteopaths [Repealed]
Chapter 43-15 - Pharmacists
| Section |
Section Name |
| 43-15-01 |
Definitions |
| 43-15-02 |
Exemptions |
| 43-15-03 |
Board of pharmacy ‑ Appointment |
| 43-15-04 |
State board of pharmacy ‑ Term of office ‑ Vacancies |
| 43-15-05 |
Compensation of board ‑ Disposition of fees |
| 43-15-06 |
Organization of board |
| 43-15-07 |
Officers of board ‑ Bond ‑ Duties ‑ Compensation |
| 43-15-08 |
Oaths ‑ President may administer |
| 43-15-09 |
Meetings ‑ When held ‑ Notice ‑ Quorum |
| 43-15-10 |
Powers of board |
| 43-15-11 |
Fees deposited with state treasurer ‑ Separate fund ‑ Vouchers |
| 43-15-12 |
State board of pharmacy ‑ Report |
| 43-15-13 |
State board of pharmacy ‑ When members may teach pharmacy |
| 43-15-13.1 |
North Dakota pharmaceutical association ‑ How governed |
| 43-15-13.2 |
Membership of North Dakota pharmaceutical association |
| 43-15-13.3 |
Rights of members of pharmaceutical association |
| 43-15-13.4 |
Moneys payable from board of pharmacy to North Dakota pharmaceutical association |
| 43-15-13.5 |
Method of expenditure of association's funds ‑ Annual report of receipts and disbursements |
| 43-15-13.6 |
No liability upon state created by provisions of chapter |
| 43-15-14 |
Unlawful practice of pharmacy |
| 43-15-15 |
Qualifications of licensed pharmacist |
| 43-15-16 |
Exception to qualificational requirements |
| 43-15-17 |
Qualifications for assistant registered pharmacist |
| 43-15-18 |
License of pharmacy intern |
| 43-15-18.1 |
Conviction not bar to license ‑ Exceptions |
| 43-15-19 |
Examination for license |
| 43-15-20 |
Fees for examination |
| 43-15-21 |
License ‑ Issuance |
| 43-15-22 |
Licensing without examination |
| 43-15-23 |
Temporary certificate ‑ How obtained |
| 43-15-24 |
Register |
| 43-15-25 |
Term of license ‑ Renewal ‑ Fee ‑ Where displayed |
| 43-15-25.1 |
Continuing pharmaceutical education |
| 43-15-25.2 |
Educational requirements ‑ Rules |
| 43-15-25.3 |
Approved laboratory tests |
| 43-15-26 |
Failure to renew license ‑ Renewal fee ‑ Cancellation of license ‑ Reinstatement |
| 43-15-27 |
Change place of business ‑ Record ‑ Fee |
| 43-15-28 |
Certificate of registration canceled ‑ Notice of hearing |
| 43-15-28.1 |
Temporary suspension ‑ Appeal |
| 43-15-29 |
False registration ‑ Penalty |
| 43-15-30 |
Licensed pharmacist member of North Dakota pharmaceutical association |
| 43-15-31 |
Prescriptions to be filed and preserved |
| 43-15-31.1 |
Patient profile record system |
| 43-15-31.2 |
Prescription drug information required |
| 43-15-31.3 |
Oral transmission of prescriptions |
| 43-15-31.4 |
Limited prescriptive practices |
| 43-15-31.5 |
Administration of drugs ‑ Rules |
| 43-15-31.6 |
Prescriptive authority |
| 43-15-31.7 |
Therapeutic substitution |
| 43-15-32 |
Who may engage in drug business |
| 43-15-33 |
License to sell emergency medicines |
| 43-15-34 |
Operation of pharmacy ‑ Permit required ‑ Application ‑ Fee |
| 43-15-34.1 |
Out‑of‑state pharmacies |
| 43-15-35 |
Requirements for permit to operate pharmacy ‑ Exceptions |
| 43-15-36 |
Board shall make rules and regulations governing permits ‑ Prescribe equipment necessary |
| 43-15-37 |
Term of permit ‑ Renewal ‑ Fee ‑ Application |
| 43-15-38 |
Failure to renew permit ‑ When new permit granted |
| 43-15-38.1 |
Closing a pharmacy |
| 43-15-39 |
Permit and renewal permit posted ‑ Not transferable |
| 43-15-40 |
Board may revoke permits and renewal permits |
| 43-15-41 |
Board to give notice of refusal or revocation of permits ‑ Appeal |
| 43-15-42 |
Penalty for violation of rule regulating pharmacies |
| 43-15-42.1 |
Penalties ‑ Reinstatement ‑ Criminal prosecutions ‑ Judicial review |
| 43-15-42.2 |
Impaired pharmacists program |
| 43-15-42.3 |
Reporting requirements ‑ Penalty |
| 43-15-42.4 |
Limitations on disciplinary actions |
| 43-15-43 |
Pharmacist negligently endangering life ‑ Penalty |
| 43-15-44 |
Penalty for violations |
| 43-15-45 |
Costs of prosecution ‑ Disciplinary proceedings |
Chapter 43-15.1 - Wholesale Drug Distributors
| Section |
Section Name |
| 43-15.1-01 |
Definitions |
| 43-15.1-02 |
Prohibited drug purchase or receipt ‑ Penalty |
| 43-15.1-03 |
Wholesale drug distributor advisory committee |
| 43-15.1-04 |
Wholesale drug distributor and pharmacy distributor licensing requirements ‑ Penalty |
| 43-15.1-05 |
Out‑of‑state wholesale drug distributor and pharmacy distributor licensing requirements ‑ Penalty |
| 43-15.1-06 |
License renewal procedures |
| 43-15.1-07 |
Adoption of rules |
| 43-15.1-08 |
Violations of chapter ‑ Effect on licensure |
| 43-15.1-09 |
Inspection powers and access to wholesale drug distributor records ‑ Penalty |
| 43-15.1-10 |
Judicial enforcement |
Chapter 43-15.2 - Legend Drug Donation and Repository Program
Chapter 43-15.3 - Wholesale Drug Pedigree
Chapter 43-15.4 - Veterinary Prescription Drugs
| Section |
Section Name |
| 43-15.4-01 |
Definitions |
| 43-15.4-02 |
Exemptions |
| 43-15.4-03 |
Veterinary retail facility ‑ Permit required |
| 43-15.4-04 |
Minimum standards for veterinary retail facilities |
| 43-15.4-05 |
Veterinary dispensing technicians ‑ Educational requirements |
| 43-15.4-06 |
Veterinary dispensing technicians ‑ Registration requirements |
| 43-15.4-07 |
Veterinary dispensing technician continuing education |
| 43-15.4-08 |
Penalties for violation of rule regulating veterinary dispensing technicians |
Chapter 43-16 - Photographers [Repealed]
Chapter 43-17 - Physicians, Resident Physicians, and Physician Assistants
| Section |
Section Name |
| 43-17-01 |
Definitions |
| 43-17-02 |
Persons exempt from the provisions of chapter |
| 43-17-02.1 |
Physician assistant ‑ Scope of practice |
| 43-17-02.2 |
Use of certain words or initials prohibited |
| 43-17-02.3 |
Practice of medicine or osteopathy by holder of permanent, unrestricted license ‑ Exceptions |
| 43-17-02.4 |
Licensure exemption for certain physicians |
| 43-17-02.5 |
Licensure for resident physicians |
| 43-17-03 |
North Dakota board of medicine ‑ How appointed ‑ Qualifications |
| 43-17-04 |
Term of office |
| 43-17-05 |
Removal of members of North Dakota board of medicine ‑ Re‑election |
| 43-17-06 |
Officers of the board and executive director |
| 43-17-07 |
Meetings of the board |
| 43-17-07.1 |
Powers of the board of medicine |
| 43-17-07.2 |
Conflict of interest |
| 43-17-08 |
Power of board to administer oaths ‑ Summon witnesses ‑ Take testimony |
| 43-17-09 |
Subpoena ‑ How to issue ‑ Fees ‑ Service |
| 43-17-10 |
Failure to appear or testify ‑ Penalty |
| 43-17-11 |
Records of board ‑ License applications ‑ Preservation |
| 43-17-12 |
Biennial report |
| 43-17-13 |
Board to adopt rules and regulations |
| 43-17-14 |
Compensation ‑ Expenses of board and the members thereof |
| 43-17-15 |
Fees deposited with state treasurer ‑ Separate fund ‑ Vouchers |
| 43-17-16 |
License required |
| 43-17-17 |
Application for license |
| 43-17-18 |
Physician license requirements |
| 43-17-19 |
License granted without examination upon qualification of applicant |
| 43-17-20 |
Examinations ‑ How conducted ‑ Subjects |
| 43-17-21 |
License granted without examination to persons licensed in other states |
| 43-17-22 |
License ‑ Fees |
| 43-17-23 |
Licenses to be recorded |
| 43-17-24 |
Physicians licensure with the board |
| 43-17-25 |
Application fee |
| 43-17-26 |
Annual license issued ‑ License posted |
| 43-17-26.1 |
Physician license renewals ‑ Late fees |
| 43-17-27 |
Board to make rules and regulations as to registration statement ‑ Keep record of persons paying fee |
| 43-17-27.1 |
Physician continuing education requirements |
| 43-17-27.2 |
Record retention requirements |
| 43-17-28 |
When fee remitted to licensee |
| 43-17-29 |
Practitioners not registered prohibited from practicing ‑ Revocation of license |
| 43-17-30 |
Payment of delinquent registration fee ‑ Reinstatement |
| 43-17-30.1 |
Disciplinary action |
| 43-17-31 |
Grounds for disciplinary action |
| 43-17-31.1 |
Costs of prosecution ‑ Disciplinary proceedings |
| 43-17-31.2 |
Limitations on disciplinary actions |
| 43-17-32 |
Appeal from decision of board refusing, suspending, or revoking a license |
| 43-17-32.1 |
Temporary suspension ‑ Appeal |
| 43-17-33 |
Use of fraudulent device in obtaining a license ‑ Fraudulent impersonation of physician ‑ Penalty |
| 43-17-34 |
Practicing without a license ‑ Violation of chapter ‑ Penalty |
| 43-17-35 |
Enforcement of chapter ‑ Duty of secretary‑treasurer |
| 43-17-36 |
Physician practicing medicine while intoxicated |
| 43-17-37 |
Emergency treatment by resident licensee |
| 43-17-38 |
Emergency treatment by nonresident licensee |
| 43-17-39 |
Qualified doctors of osteopathy may be licensed |
| 43-17-40 |
Limitation of liability ‑ Legislative intent |
| 43-17-41 |
Duty of physicians and others to report injury ‑ Penalty |
| 43-17-42 |
Employment of physicians by hospitals, nonprofit entities, and charitable trusts |
| 43-17-43 |
Topical fluoride varnish |
| 43-17-44 |
Standard of care and professional ethics |
| 43-17-45 |
Prescribing ‑ Controlled substances |
| 43-17-46 |
Payment of fees under the interstate medical licensure compact and the physician assistant licensure compact |
Chapter 43-17.1 - Board of Medicine Investigative Panels
Chapter 43-17.2 - Physician Loan Repayment Program [Repealed]
Chapter 43-17.3 - Physician Health Program
Chapter 43-17.4 - Interstate Medical Licensure Compact
| Section |
Section Name |
| 43-17.4-01 |
Interstate medical licensure compact |
Chapter 43-17.5 - Physician Assistant Licensure Compact
Chapter 43-18 - Plumbers
| Section |
Section Name |
| 43-18-01 |
Definitions |
| 43-18-02 |
State board of plumbing ‑ Members ‑ Appointment ‑ Qualifications |
| 43-18-03 |
State board of plumbing ‑ Members ‑ Terms of office ‑ Vacancies ‑ How filled |
| 43-18-04 |
Office and officers of board |
| 43-18-05 |
Members of board and employees ‑ Compensation |
| 43-18-06 |
Board may hire and fix compensation of employees ‑ Incur necessary expenses |
| 43-18-07 |
Fees ‑ Where deposited ‑ Use |
| 43-18-08 |
Duties of board |
| 43-18-09 |
Board to adopt plumbing code ‑ Provisions have force of law |
| 43-18-10 |
Firm engaged in installing plumbing to employ master plumber ‑ Exceptions |
| 43-18-11 |
License required ‑ Exception for homeowner and full‑time employee |
| 43-18-11.1 |
When license not required |
| 43-18-11.2 |
Conviction not bar to licensure ‑ Exceptions |
| 43-18-11.3 |
Advertising prohibited ‑ Exceptions ‑ Penalty |
| 43-18-11.4 |
Plumbing inspectors ‑ License required ‑ Exception |
| 43-18-12 |
Examination ‑ When held ‑ Notice |
| 43-18-13 |
License ‑ How obtained ‑ Fee |
| 43-18-13.1 |
Reciprocity with other states |
| 43-18-14 |
Board to keep register of licenses issued |
| 43-18-15 |
Temporary license ‑ When issued |
| 43-18-16 |
Plumber licensed by board may practice at any place in state ‑ Exception |
| 43-18-17 |
Renewal of license ‑ Fee |
| 43-18-17.1 |
Continuing education |
| 43-18-17.2 |
Report of work ‑ Exception |
| 43-18-17.3 |
Inspection of installation ‑ Exception |
| 43-18-18 |
Grounds for revocation of license |
| 43-18-19 |
Revocation ‑ Hearing |
| 43-18-20 |
Revocation of license ‑ When reinstated |
| 43-18-21 |
Apprenticeship |
| 43-18-22 |
Local authorities report violations to board |
| 43-18-23 |
Working as plumber without license |
| 43-18-24 |
Violation of chapter ‑ Penalty |
| 43-18-25 |
Injunction |
Chapter 43-18.1 - Water Conditioning Contractors and Installers
Chapter 43-18.2 - Sewer and Water Installers
Chapter 43-19 - Professional Engineers [Repealed]
Chapter 43-19.1 - Professional Engineers and Land Surveyors
Chapter 43-20 - Dental Hygienists and Assistants
| Section |
Section Name |
| 43-20-01 |
Name of chapter |
| 43-20-01.1 |
Definitions |
| 43-20-01.2 |
Dental hygienist licensing |
| 43-20-01.3 |
Licensure by credential review |
| 43-20-01.4 |
License renewal ‑ Audit |
| 43-20-01.5 |
Volunteer license |
| 43-20-02 |
Dental hygienists ‑ Qualifications ‑ Examinations ‑ Registration and license |
| 43-20-02.1 |
Conviction not bar to licensure ‑ Exceptions |
| 43-20-03 |
Dental hygienists ‑ Practice by |
| 43-20-04 |
License recorded ‑ Fee |
| 43-20-05 |
Licenses and registrations ‑ Denial and discipline |
| 43-20-06 |
Inactive status |
| 43-20-07 |
Licensure by credential review |
| 43-20-08 |
Unlawful to practice without license or registration |
| 43-20-09 |
Violation a misdemeanor |
| 43-20-10 |
State board of dental examiners ‑ Authority ‑ Duty |
| 43-20-11 |
Practice of dental hygiene supplemental to practice of dentistry |
| 43-20-12 |
Dental hygienist ‑ Scope of permitted practice |
| 43-20-12.1 |
Continuing educational requirement for dental hygienists |
| 43-20-12.2 |
Notice to board of change of address |
| 43-20-12.3 |
Supervised administration of local anesthetic ‑ Board rules |
| 43-20-13 |
Dental assistant ‑ Scope of permitted practice |
| 43-20-13.1 |
Registration renewal ‑ Continuing education audit |
| 43-20-13.2 |
Registration of dental assistants |
Chapter 43-21 - Practical Nurses [Repealed]
Chapter 43-22 - Oil and Gas Brokers [Repealed]
Chapter 43-23 - State Real Estate Commission
| Section |
Section Name |
| 43-23-01 |
Real estate commission ‑ Members |
| 43-23-02 |
Commission ‑ Term ‑ Duties ‑ Records |
| 43-23-03 |
Commission office ‑ Executive director |
| 43-23-04 |
Commission ‑ Compensation |
| 43-23-05 |
Real estate license required |
| 43-23-05.1 |
Organization of salesperson, broker, or broker associate permitted to be licensed ‑ Fees |
| 43-23-06 |
Definitions |
| 43-23-06.1 |
Definitions |
| 43-23-07 |
Real estate brokers and salespersons ‑ Exceptions |
| 43-23-08 |
License standards |
| 43-23-08.1 |
Conviction not bar to licensure ‑ Exceptions |
| 43-23-08.2 |
License renewal ‑ Continuing education required |
| 43-23-08.3 |
Disclosure of sexual offenders |
| 43-23-08.4 |
Criminal history record checks |
| 43-23-09 |
License application |
| 43-23-10 |
Nonresident brokers ‑ Reciprocity ‑ Consent to service |
| 43-23-11 |
License refusal, revocation ‑ Hearing ‑ Appeal |
| 43-23-11.1 |
Investigations, grounds for refusal, suspension or revocation of license ‑ Hearing ‑ Appeal |
| 43-23-12 |
Broker's place of business ‑ License of salesperson |
| 43-23-12.1 |
Real estate brokerage firm ‑ Duties required |
| 43-23-12.2 |
Duties supersede common law |
| 43-23-12.3 |
Brokerage firm may appoint agents |
| 43-23-13 |
Fees |
| 43-23-13.1 |
License renewal |
| 43-23-14 |
Fund handling by broker |
| 43-23-14.1 |
Handling of funds by brokers |
| 43-23-15 |
Real estate courses ‑ Studies |
| 43-23-16 |
Licensee list |
| 43-23-17 |
Penalty |
| 43-23-18 |
Injunctions authorized to enforce law |
| 43-23-19 |
Errors and omissions insurance required of salespersons and brokers ‑ Rules |
| 43-23-20 |
Group insurance coverage authorized ‑ Independent errors and omissions coverage |
| 43-23-21 |
Commission to determine conditions of errors and omissions coverage |
| 43-23-22 |
Notice of terms and conditions of errors and omissions ‑ Certificate of coverage |
| 43-23-23 |
Errors and omissions coverage not required if premium limit unobtainable |
| 43-23-24 |
Wholesale buyers and sellers ‑ Disclosure |
Chapter 43-23.1 - Subdivided Lands Disposition Act
Chapter 43-23.2 - Real Estate Education Fund
Chapter 43-23.3 - Real Estate Appraisers
Chapter 43-23.4 - Real Estate Broker Trust Accounts [Repealed]
Chapter 43-23.5 - Appraisal Management Companies
Chapter 43-24 - Land Surveyors [Repealed]
Chapter 43-25 - Massage Therapists
| Section |
Section Name |
| 43-25-01 |
Short title |
| 43-25-02 |
Definitions |
| 43-25-03 |
Massage therapists to be licensed |
| 43-25-04 |
Exemptions |
| 43-25-05 |
Board of massage therapy ‑ Terms |
| 43-25-05.1 |
Powers and duties of the board |
| 43-25-06 |
Removal of members of board of massage therapy ‑ Officers of the board |
| 43-25-07 |
Requisites for licensure and examination ‑ Subjects ‑ Minimum passing grade ‑ Fee for re‑examination |
| 43-25-08 |
Fee for license |
| 43-25-08.1 |
Criminal history record checks |
| 43-25-09 |
License ‑ Display ‑ Renewal ‑ Renewal fee |
| 43-25-10 |
Disciplinary actions ‑ Complaints |
| 43-25-11 |
Provisions for hearing ‑ Notice |
| 43-25-12 |
Power of board to revoke, suspend, or annul licenses |
| 43-25-13 |
Records to be kept by the board |
| 43-25-14 |
Compensation of board members ‑ Clerks |
| 43-25-15 |
Disposition of money received by the board |
| 43-25-16 |
Other laws unaffected by this chapter |
| 43-25-17 |
Practitioners at time chapter becomes effective |
| 43-25-18 |
Reciprocity |
| 43-25-19 |
Penalty for violation |
Chapter 43-26 - Physical Therapists [Repealed]
Chapter 43-26.1 - Physical Therapists
Chapter 43-26.2 - Physical Therapy Licensure Compact
| Section |
Section Name |
| 43-26.2-01 |
Physical therapy licensure compact |
Chapter 43-27 - Watchmakers [Repealed]
Chapter 43-28 - Dentists
| Section |
Section Name |
| 43-28-01 |
Definitions |
| 43-28-02 |
Exceptions |
| 43-28-03 |
State board of dental examiners ‑ Members ‑ Appointment ‑ Terms of office ‑ Oath ‑ Vacancies |
| 43-28-04 |
Qualifications and appointment of members of the board ‑ Limited vote |
| 43-28-05 |
Meeting of board ‑ Officers ‑ Bond ‑ Compensation of members ‑ Quorum |
| 43-28-06 |
Powers of board |
| 43-28-07 |
Expenses of board ‑ How paid ‑ Funds held by secretary‑treasurer |
| 43-28-08 |
Records of board ‑ Use as evidence |
| 43-28-09 |
Biennial report |
| 43-28-10 |
License and certificate required ‑ Scope of practice |
| 43-28-10.1 |
Requirements for licensure |
| 43-28-10.2 |
Volunteer license |
| 43-28-11 |
Application ‑ Fees |
| 43-28-11.1 |
Conviction not bar to licensure ‑ Exceptions |
| 43-28-11.2 |
Fitness ‑ Criminal history record check ‑ Costs |
| 43-28-11.3 |
Standard of care and professional ethics ‑ Telehealth |
| 43-28-12 |
Examination ‑ Subjects covered |
| 43-28-12.1 |
Regional or other states' examination |
| 43-28-12.2 |
Continuing educational requirement for dentists ‑ Audit |
| 43-28-13 |
When re‑examination required |
| 43-28-14 |
Re-examination ‑ Fee ‑ Additional education |
| 43-28-15 |
Licensure by credential review |
| 43-28-16 |
Certificate ‑ Displayed in place of business |
| 43-28-16.1 |
Death certificate issuance by dentist |
| 43-28-16.2 |
License renewals |
| 43-28-17 |
Inactive status |
| 43-28-18 |
Grounds for denial of or disciplinary action against license and certificate |
| 43-28-18.1 |
Duty to report |
| 43-28-18.2 |
Disciplinary procedure |
| 43-28-18.3 |
Temporary suspension ‑ Appeal |
| 43-28-19 |
Revocation of license and certificate ‑ Proceedings, how initiated ‑ Service of notice and hearing |
| 43-28-20 |
Plea ‑ Answer ‑ Trial of issues ‑ Witnesses and cost |
| 43-28-21 |
Determination ‑ Order ‑ Appeal and review |
| 43-28-22 |
Reinstatement of license ‑ Renewal of certificate ‑ When issued ‑ Fees |
| 43-28-23 |
Notice to board of change of address |
| 43-28-24 |
Duplicate license and certificate ‑ When issued ‑ Fee |
| 43-28-25 |
Unlawful acts ‑ Penalty |
| 43-28-25.1 |
Prohibition ‑ Waivers |
| 43-28-26 |
Punishment for misdemeanors |
| 43-28-27 |
Fees |
| 43-28-28 |
Joint negotiations by dental providers with dental insurers |
Chapter 43-28.1 - Dentists' Loan Repayment Program
| Section |
Section Name |
| 43-28.1-01 |
Loan repayment program ‑ Dentists ‑ Defined need ‑ Maximum amount of funds |
| 43-28.1-01.1 |
Loan repayment program for dentists in public health and nonprofit dental clinics |
| 43-28.1-02 |
Loan repayment program ‑ Dentists ‑ Powers of state health council |
| 43-28.1-03 |
Criteria |
| 43-28.1-04 |
Community selection criteria |
| 43-28.1-05 |
Eligible loans |
| 43-28.1-06 |
Breach of loan repayment contract |
| 43-28.1-07 |
Contract obligation |
| 43-28.1-08 |
Payment ‑ Termination |
| 43-28.1-09 |
Gifts, grants, and donations ‑ Continuing appropriation |
| 43-28.1-10 |
New practices ‑ Grants |
Chapter 43-29 - Veterinarians
| Section |
Section Name |
| 43-29-01 |
Purpose of the chapter |
| 43-29-01.1 |
Definitions |
| 43-29-02 |
State board of veterinary medical examiners ‑ Appointments ‑ Qualifications ‑ Terms ‑ Vacancies |
| 43-29-03 |
Officers of board ‑ Seal ‑ Meetings ‑ Limitations on meetings ‑ Duties of board ‑ Rules ‑ Fees |
| 43-29-03.1 |
Authority of the board to rely on certain data |
| 43-29-04 |
Record of proceedings of board ‑ Register of applicants kept by board ‑ Records and register as evidence |
| 43-29-05 |
Compensation and expenses of members of board |
| 43-29-05.1 |
Executive director |
| 43-29-06 |
License required |
| 43-29-07 |
Requirements for veterinarian licensure |
| 43-29-07.1 |
Requirements for veterinary technician licensure |
| 43-29-07.2 |
Temporary license to practice veterinary medicine |
| 43-29-07.3 |
Veterinarian - License renewal ‑ Continuing education requirements |
| 43-29-07.4 |
Indirect practice without a license - Foreign practitioners |
| 43-29-08 |
Certificate of qualification issued to applicants passing examination ‑ Conclusiveness of certificate ‑ Re-examination |
| 43-29-08.1 |
Veterinary technician ‑ Renewal of license - Continuing education requirements |
| 43-29-09 |
Limited specialty license ‑ Graduate veterinary technicians |
| 43-29-10 |
Display of license and certificate |
| 43-29-11 |
Fees deposited with state treasurer ‑ Separate fund ‑ Vouchers |
| 43-29-12 |
Veterinary medicine defined |
| 43-29-12.1 |
Veterinary technician services ‑ Emergency services ‑ Prohibited services |
| 43-29-12.2 |
Veterinarian-client-patient relationship - Requirements |
| 43-29-12.3 |
Practice of veterinary medicine - Location of practice |
| 43-29-13 |
Practice of veterinary medicine - Exceptions |
| 43-29-13.1 |
Practice of veterinary medicine ‑ Exceptions for recognized animal services |
| 43-29-13.2 |
Practice of veterinary technology - Exceptions |
| 43-29-14 |
Refusal, suspension, and revocation of license ‑ Reinstatement and relicense |
| 43-29-15 |
Complaints ‑ Investigations - Rules |
| 43-29-15.1 |
Mental health or substance use disorder - Self-reporting and self-referral to treatment or monitoring program - Confidential records |
| 43-29-16 |
Proceedings on revocation or suspension of license ‑ Appeals ‑ Costs of prosecution ‑ Disciplinary proceedings |
| 43-29-16.1 |
Abandonment of animals by client - Disposal of remains |
| 43-29-17 |
Unlawful practice of veterinary medicine ‑ Penalty ‑ Civil remedy |
| 43-29-17.1 |
Unlawful practice of veterinary technology - Penalty - Civil remedy |
| 43-29-17.2 |
Immunity from liability |
| 43-29-18 |
Effect of invalidity of part of this chapter |
| 43-29-19 |
Veterinary prescription drugs |
| 43-29-20 |
Veterinary telemedicine - Teleadvice and teletriage - Rules |
Chapter 43-29.1 - Veterinarian Loan Repayment Program
| Section |
Section Name |
| 43-29.1-01 |
Loan repayment program ‑ Veterinarians ‑ Maximum amount of funds |
| 43-29.1-02 |
Loan repayment program ‑ Veterinarians ‑ Powers of department |
| 43-29.1-03 |
Veterinarian selection criteria ‑ Eligibility for loan repayment |
| 43-29.1-04 |
Community selection criteria |
| 43-29.1-05 |
Eligible loans |
| 43-29.1-06 |
Release from contract obligation |
| 43-29.1-07 |
Loan repayment |
| 43-29.1-08 |
Gifts, grants, and donations ‑ Continuing appropriation |
Chapter 43-30 - Investigative and Security Services
| Section |
Section Name |
| 43-30-01 |
Definitions |
| 43-30-02 |
Exemptions |
| 43-30-02.1 |
Fair housing law compliance ‑ Exception ‑ Penalty |
| 43-30-02.2 |
Proprietary security |
| 43-30-03 |
Private investigative and security board |
| 43-30-04 |
Powers of the board |
| 43-30-04.1 |
Continuing education requirements |
| 43-30-05 |
License required to provide private investigative or security services ‑ Exclusivity |
| 43-30-05.1 |
Temporary license or registration |
| 43-30-05.2 |
Peace officers |
| 43-30-06 |
License and registration applications |
| 43-30-07 |
Contents of license ‑ Posting |
| 43-30-08 |
Duplicate licenses |
| 43-30-09 |
Detective agency license |
| 43-30-10 |
Penalty ‑ Injunction ‑ Unlicensed activity |
| 43-30-10.1 |
Issuance of citations for unauthorized practice ‑ Administrative fee ‑ Appeal |
| 43-30-11 |
Renewal of licenses |
| 43-30-12 |
Disciplinary action |
| 43-30-13 |
Notice and hearing on license revocation |
| 43-30-14 |
Hearing powers |
| 43-30-15 |
Application of chapter 28‑32 |
| 43-30-16 |
Examination, license, and registration fees |
Chapter 43-31 - Detection of Deception Examiners
Chapter 43-32 - Psychologists
| Section |
Section Name |
| 43-32-01 |
Definitions |
| 43-32-02 |
State board of psychologist examiners ‑ How appointed ‑ Qualifications |
| 43-32-03 |
Tenure of members ‑ Vacancies and oath of office |
| 43-32-04 |
Removal of members |
| 43-32-05 |
Compensation of members ‑ Expenses of board and members |
| 43-32-06 |
Officers of the board |
| 43-32-06.1 |
Authority to appoint or employ |
| 43-32-07 |
Meetings of board |
| 43-32-08 |
Rules |
| 43-32-08.1 |
Continuing education requirements |
| 43-32-08.2 |
Continuing education requirements ‑ Renewal |
| 43-32-09 |
Examination of qualifications of applicants |
| 43-32-10 |
Power of board to administer oaths ‑ Conduct hearings ‑ Summon witnesses ‑ Take testimony |
| 43-32-11 |
Annual reports |
| 43-32-12 |
Application and fee for licensure |
| 43-32-13 |
Annual license fee |
| 43-32-14 |
Payment of delinquent annual fee ‑ Reinstatement |
| 43-32-15 |
Deposit and disbursement of fees |
| 43-32-16 |
Board to keep records |
| 43-32-17 |
License required for practice ‑ Titles |
| 43-32-18 |
Licensing of psychologists without examination ‑ Qualifications of applicants |
| 43-32-19 |
Licensing applicants from other states |
| 43-32-19.1 |
Expedited licensure ‑ Licensing applicants licensed or registered in other jurisdictions |
| 43-32-20 |
Licensing ‑ Written and oral examination ‑ Qualifications of applicants |
| 43-32-20.1 |
Postdoctoral supervised psychological employment |
| 43-32-21 |
Consideration of application and notice to applicant |
| 43-32-22 |
Time and place of examination |
| 43-32-23 |
Scope and grading of examination |
| 43-32-24 |
Notice to applicant of examination results and right to re‑examination |
| 43-32-25 |
Retention of examination records |
| 43-32-26 |
Issuance and display of license |
| 43-32-27 |
Denial ‑ Revocation or suspension of license ‑ Grounds |
| 43-32-27.1 |
Complaints ‑ Investigations |
| 43-32-28 |
Notice ‑ Hearing ‑ Findings of fact and order |
| 43-32-28.1 |
Hearing |
| 43-32-29 |
Appeal from decision of board |
| 43-32-30 |
Persons exempt from this chapter |
| 43-32-31 |
Violation ‑ Penalty ‑ Injunction |
| 43-32-32 |
Drugs ‑ Medicine |
| 43-32-33 |
Applied behavior analysis - Licensure or registration required - Titles |
| 43-32-34 |
Applied behavior analysis - Renewal - Fees |
| 43-32-35 |
Predoctoral supervised psychological internship |
Chapter 43-32.1 - Psychology Interjurisdictional Compact
| Section |
Section Name |
| 43-32.1-01 |
Psychology interjurisdictional compact |
Chapter 43-33 - Hearing Aid Specialists
| Section |
Section Name |
| 43-33-01 |
Definitions |
| 43-33-02 |
License required to sell or fit hearing instruments |
| 43-33-02.1 |
Conviction not bar to licensure ‑ Exceptions |
| 43-33-03 |
Receipt required to be furnished to a person supplied with hearing instruments |
| 43-33-04 |
Persons and practices not affected |
| 43-33-05 |
License by experience |
| 43-33-06 |
Issuance of license |
| 43-33-07 |
License by examination |
| 43-33-08 |
Temporary trainee permit |
| 43-33-09 |
Scope of examination |
| 43-33-10 |
Notice to board of place of business ‑ Notice to licensees ‑ How given by board |
| 43-33-11 |
Annual renewal of license ‑ Fees ‑ Continuing education ‑ Effect of failure to renew |
| 43-33-12 |
Complaint procedure ‑ Grounds for revocation or suspension of license ‑ Appeals |
| 43-33-13 |
Prohibited acts and practices |
| 43-33-14 |
Powers and duties of board |
| 43-33-15 |
Board of hearing aid specialists |
| 43-33-16 |
Duties of the board |
| 43-33-17 |
Meetings of board |
| 43-33-18 |
Violations ‑ Penalty ‑ Injunction |
| 43-33-19 |
Severability clause |
Chapter 43-34 - Nursing Home Administrators
Chapter 43-35 - State Board of Water Well Contractors [Repealed]
Chapter 43-36 - Professional Soil Classifiers
| Section |
Section Name |
| 43-36-01 |
Definitions |
| 43-36-02 |
Board ‑ Appointments ‑ Terms |
| 43-36-03 |
Board ‑ Qualifications |
| 43-36-04 |
Board ‑ Compensation and expenses |
| 43-36-05 |
Board ‑ Removal of members ‑ Vacancies |
| 43-36-06 |
Board ‑ Organization and meetings |
| 43-36-07 |
Board ‑ Powers |
| 43-36-08 |
Receipts and disbursements |
| 43-36-09 |
Records and reports |
| 43-36-10 |
General requirements for registration ‑ Professional soil classifier |
| 43-36-10.1 |
Conviction not bar to registration ‑ Exceptions |
| 43-36-11 |
Registration without examination ‑ Reciprocity |
| 43-36-12 |
Registration with examination ‑ Professional soil classifier |
| 43-36-13 |
Qualifications of soil classifier‑in‑training |
| 43-36-14 |
Application for registration |
| 43-36-15 |
Registration fees |
| 43-36-16 |
Examinations |
| 43-36-17 |
Certificates |
| 43-36-18 |
Expirations and renewals |
| 43-36-19 |
Reissuance of certificates |
| 43-36-20 |
Code of ethics |
| 43-36-21 |
Disciplinary action ‑ Revocations, suspensions, or reprimands |
| 43-36-22 |
Disciplinary action ‑ Procedure |
| 43-36-23 |
Right to practice |
| 43-36-24 |
Exemptions |
| 43-36-25 |
Violation ‑ Penalty |
Chapter 43-37 - Audiologists and Speech-Language Pathologists
Chapter 43-38 - Electrologists and Electronic Hair Removal Technicians
| Section |
Section Name |
| 43-38-01 |
Definitions |
| 43-38-02 |
Electrologist and electronic hair removal technician licensure ‑ Duties of state health council |
| 43-38-03 |
Rulemaking authority of department of health and human services |
| 43-38-04 |
Penalty |
Chapter 43-39 - Athletic Trainers
Chapter 43-40 - Occupational Therapists
| Section |
Section Name |
| 43-40-01 |
Definitions |
| 43-40-02 |
License required ‑ Title ‑ Abbreviation |
| 43-40-03 |
Persons and practices not affected by chapter |
| 43-40-03.1 |
Occupational therapy students ‑ Occupational therapy aides |
| 43-40-04 |
Board of occupational therapy practice ‑ Appointment ‑ Meetings |
| 43-40-05 |
Board powers, duties, and authority |
| 43-40-06 |
Board administrative authority and requirements |
| 43-40-07 |
Fees |
| 43-40-08 |
Requirements for licensure |
| 43-40-09 |
Occupational therapy assistant licensure as occupational therapist |
| 43-40-10 |
Internationally trained applicants |
| 43-40-11 |
Application for examination or licensure ‑ Denial |
| 43-40-12 |
Waiver of requirements for licensure |
| 43-40-13 |
Limited permit ‑ Expiration ‑ Renewal |
| 43-40-14 |
Issuance of license |
| 43-40-15 |
Renewal of license |
| 43-40-16 |
Suspension and revocation of license ‑ Refusal to renew |
| 43-40-16.1 |
Complaints ‑ Investigations |
| 43-40-16.2 |
Costs of prosecution ‑ Disciplinary proceedings |
| 43-40-17 |
Occupational therapist ‑ Consultation and evaluation ‑ Order from physician |
| 43-40-18 |
Penalty ‑ Injunction |
Chapter 43-40.1 - Occupational Therapy Licensure Compact
| Section |
Section Name |
| 43-40.1-01 |
Purpose |
| 43-40.1-02 |
Definitions |
| 43-40.1-03 |
State participation in the compact |
| 43-40.1-04 |
Compact privilege |
| 43-40.1-05 |
Obtaining a new home state license by virtue of compact privilege |
| 43-40.1-06 |
Active duty military personnel or their spouses |
| 43-40.1-07 |
Adverse actions |
| 43-40.1-08 |
Establishment of the occupational therapy compact commission |
| 43-40.1-09 |
Data system |
| 43-40.1-10 |
Rulemaking |
| 43-40.1-11 |
Oversight, dispute resolution, and enforcement |
| 43-40.1-12 |
Date of implementation of the interstate compact for occupational therapy practice and associated rules, withdrawal, and amendment |
| 43-40.1-13 |
Construction and severability |
| 43-40.1-14 |
Binding effect of compact and other laws |
Chapter 43-41 - Social Workers
| Section |
Section Name |
| 43-41-01 |
Definitions |
| 43-41-02 |
Social work practice ‑ Exceptions |
| 43-41-03 |
Representation to the public |
| 43-41-04 |
Licenses ‑ Rules |
| 43-41-04.1 |
Fees |
| 43-41-04.2 |
Criminal history record and child abuse and neglect checks |
| 43-41-05 |
Private practice of social work |
| 43-41-05.1 |
Electronic social work services |
| 43-41-06 |
Waiver of requirements |
| 43-41-07 |
Qualification for licensure by an applicant licensed in another jurisdiction |
| 43-41-08 |
Board of social work examiners ‑ Qualifications ‑ Appointment ‑ Term of office ‑ Compensation |
| 43-41-09 |
Duties and responsibilities of board |
| 43-41-10 |
Grounds for disciplinary proceedings |
| 43-41-11 |
Hearings and disciplinary proceedings ‑ Appeals |
| 43-41-11.1 |
Permission to report ‑ Immunity |
| 43-41-11.2 |
Duty to report ‑ Immunity |
| 43-41-12 |
Renewal of licenses |
| 43-41-12.1 |
Inactive license ‑ Surrender |
| 43-41-13 |
Bribery ‑ False statements |
| 43-41-14 |
Penalty |
Chapter 43-41.1 - Social Work Licensure Compact
| Section |
Section Name |
| 43-41.1-01 |
Social work licensure compact |
Chapter 43-42 - Respiratory Care Practitioners
Chapter 43-43 - Environmental Health Practitioners
| Section |
Section Name |
| 43-43-01 |
Definitions |
| 43-43-02 |
Licensure required |
| 43-43-03 |
Advisory board duties and compensation |
| 43-43-04 |
Powers and duties of department of health and human services |
| 43-43-05 |
Exception from requirements |
| 43-43-06 |
Environmental health practitioner licensure fee administration fund |
| 43-43-07 |
Denial, suspension, revocation of license |
| 43-43-08 |
Penalty |
Chapter 43-44 - Dietitians and Nutritionists
Chapter 43-44.1 - Dietitian Licensure Compact
| Section |
Section Name |
| 43-44.1-01 |
Dietitian licensure compact |
Chapter 43-45 - Addiction Counselors
| Section |
Section Name |
| 43-45-01 |
Definitions |
| 43-45-02 |
Board of addiction counseling examiners ‑ Composition |
| 43-45-03 |
Board member terms |
| 43-45-04 |
Board power, duties, and authority |
| 43-45-05 |
Board meetings |
| 43-45-05.1 |
Initial licenses ‑ Licensure of applicant licensed in another jurisdiction |
| 43-45-05.2 |
Representation to the public |
| 43-45-05.3 |
Private practice of addiction counseling |
| 43-45-05.4 |
Addiction counseling internship ‑ Loan program ‑ Revolving fund ‑ Continuing appropriation |
| 43-45-06 |
Addiction counseling practice ‑ Exemptions |
| 43-45-07 |
Renewal of license |
| 43-45-07.1 |
Grounds for disciplinary proceedings |
| 43-45-07.2 |
Reporting obligations |
| 43-45-07.3 |
Complaints ‑ Investigations |
| 43-45-07.4 |
Licensed clinical addiction counselor |
| 43-45-08 |
Penalty |
Chapter 43-46 - Peer Assistance Entity Agreements
| Section |
Section Name |
| 43-46-01 |
Definitions |
| 43-46-02 |
Agreements with peer assistance entities |
Chapter 43-47 - Counselors
| Section |
Section Name |
| 43-47-01 |
Definitions |
| 43-47-02 |
Board of counselor examiners ‑ Qualifications ‑ Appointment ‑ Term of office ‑ Compensation |
| 43-47-03 |
Duties and responsibilities of board |
| 43-47-03.1 |
Authority to appoint or employ |
| 43-47-04 |
Representation to the public |
| 43-47-05 |
Counseling practice ‑ Exceptions |
| 43-47-06 |
Licenses ‑ Qualifications ‑ Reciprocity |
| 43-47-06.1 |
Board may establish specialty licenses |
| 43-47-06.2 |
Payment of delinquent license fees ‑ Reinstatement |
| 43-47-06.3 |
Criminal history record checks |
| 43-47-07 |
Disciplinary proceedings |
| 43-47-07.1 |
Costs of prosecution ‑ Disciplinary proceedings |
| 43-47-08 |
Complaints ‑ Investigations |
| 43-47-09 |
Confidentiality |
| 43-47-10 |
Penalty |
Chapter 43-47.1 - Counseling Compact
| Section |
Section Name |
| 43-47.1-01 |
Counseling compact |
Chapter 43-48 - Clinical Laboratory Personnel
| Section |
Section Name |
| 43-48-01 |
Definitions |
| 43-48-02 |
License required |
| 43-48-03 |
Exemptions |
| 43-48-04 |
Powers and duties of the board |
| 43-48-05 |
Board of clinical laboratory practice ‑ Administration |
| 43-48-06 |
Fees |
| 43-48-07 |
Duties and qualifications of clinical laboratory personnel ‑ Requirements for licensure |
| 43-48-08 |
Clinical laboratory scientist or medical technologist or clinical laboratory specialist ‑ Licensure qualifications |
| 43-48-09 |
Clinical laboratory technician or medical laboratory technician ‑ Licensure qualifications |
| 43-48-10 |
Student work authorization |
| 43-48-11 |
Provisional permits |
| 43-48-12 |
Grandfather provisions |
| 43-48-13 |
Issuance of license |
| 43-48-14 |
Renewal of license |
| 43-48-15 |
Supervision and revocation of license ‑ Refusal to renew |
| 43-48-16 |
Penalty |
Chapter 43-49 - Reflexologists
Chapter 43-50 - Occupational Licensee Database
| Section |
Section Name |
| 43-50-01 |
Definition |
| 43-50-02 |
Social security number required for professional or occupational license |
| 43-50-03 |
Inclusion of social security number in automated database |
| 43-50-04 |
Social security number ‑ Confidential |
Chapter 43-51 - Professional and Occupational Licensing
| Section |
Section Name |
| 43-51-01 |
Definitions |
| 43-51-02 |
Location of practice of an occupation or profession |
| 43-51-03 |
Indirect practice without a license |
| 43-51-04 |
Emergency practice without a license |
| 43-51-05 |
Limited practice without a license |
| 43-51-06 |
Licensure without examination |
| 43-51-07 |
License compacts |
| 43-51-08 |
Discipline |
| 43-51-09 |
Jurisdiction ‑ Service of process |
| 43-51-10 |
Application with other laws |
| 43-51-10.1 |
Emergency rules ‑ Emergencies or disasters |
| 43-51-11 |
Members of military ‑ License renewal |
| 43-51-11.1 |
Military spouses and military members ‑ Licensure |
| 43-51-11.2 |
Members of the military and military spouses ‑ Licensure applications |
| 43-51-12 |
Foreign practitioners ‑ Emergency practice exemption |
| 43-51-13 |
Definition ‑ Registration ‑ Obtaining a license or permit |
Chapter 43-51.1 - Universal Licensure and Board Operations
Chapter 43-52 - Interpreters
Chapter 43-53 - Marriage and Family Therapy Practice
Chapter 43-54 - Home Inspectors
| Section |
Section Name |
| 43-54-01 |
Definitions |
| 43-54-02 |
Home inspector registration required ‑ Penalty |
| 43-54-03 |
Registering of home inspectors |
| 43-54-04 |
Exceptions to registration requirements |
| 43-54-05 |
Renewal of registration |
Chapter 43-55 - Professional Employer Organizations
Chapter 43-57 - Integrative Health Care
| Section |
Section Name |
| 43-57-01 |
Definitions |
| 43-57-02 |
Board - Qualifications - Appointment - Term of office - Compensation |
| 43-57-02.1 |
Compensation - Expenses of board |
| 43-57-03 |
Powers and duties of board |
| 43-57-04 |
Board duties in regulating professions - Subgroups |
| 43-57-05 |
Petition to the board - Inclusion as a board-regulated profession - Consideration of additional health care professions |
| 43-57-06 |
Issuance of license ‑ Expedited |
| 43-57-07 |
License renewal ‑ Continuing education |
| 43-57-08 |
Discipline |
| 43-57-09 |
Disciplinary proceedings - Appeals |
| 43-57-10 |
Disciplinary proceedings - Cost of prosecution |
| 43-57-11 |
Enforcement ‑ Penalty |
Chapter 43-58 - Naturopaths
| Section |
Section Name |
| 43-58-01 |
Definitions |
| 43-58-02 |
Exemptions |
| 43-58-03 |
License required - Title restrictions |
| 43-58-03.1 |
Powers and duties of the board |
| 43-58-04 |
Qualifications for licensure |
| 43-58-05 |
Application for licensure |
| 43-58-06 |
Initial applications - Education and testing exception |
| 43-58-07 |
Licensure granted without examination to individuals licensed in other states |
| 43-58-08 |
Practice of naturopathic health care |
| 43-58-08.1 |
Endorsement for prescribing authority |
| 43-58-09 |
Public health duties |
| 43-58-10 |
Employment by hospitals |
| 43-58-11 |
Discipline |
| 43-58-12 |
Enforcement ‑ Penalty |
Chapter 43-59 - Music Therapists
| Section |
Section Name |
| 43-59-01 |
Definitions |
| 43-59-02 |
Music therapy - License required - Title restrictions - Exceptions |
| 43-59-03 |
Qualifications for licensure |
Chapter 43-60 - Genetic Counseling
Chapter 43-61 - Acupuncturists
| Section |
Section Name |
| 43-61-01 |
Definitions |
| 43-61-02 |
Exemptions |
| 43-61-03 |
License required ‑ Title restrictions |
| 43-61-04 |
Qualifications for licensure |
| 43-61-05 |
Application for licensure |
| 43-61-06 |
Initial applications - Education testing exception |
| 43-61-07 |
Licensure granted without examination to individuals licensed in other states |
| 43-61-08 |
Practice of acupuncture |
| 43-61-09 |
Public health duties |
| 43-61-10 |
Employment by hospitals |
Chapter 43-62 - Medical Imaging and Radiation Therapy
Chapter 43-64 - Behavior Analysts
| Section |
Section Name |
| 43-64-01 |
Definitions |
| 43-64-02 |
License required ‑ Title restrictions |
| 43-64-03 |
Qualifications for licensure |
| 43-64-04 |
Application for licensure |
| 43-64-05 |
Initial applications ‑ Grandfather provision |
Chapter 43-65 - Health Care Practitioner Professional Transparency
Chapter 43-66 - Community Health Workers
Title 44 - Offices and Officers
Chapter 44-01 - Eligibility and Qualifications of Officers
| Section |
Section Name |
| 44-01-01 |
Eligibility to office |
| 44-01-02 |
Credit for military service |
| 44-01-03 |
When state and district officers shall qualify |
| 44-01-03.1 |
Elected state officers ‑ Date to qualify |
| 44-01-04 |
State, district, and county officers ‑ Failure to qualify ‑ Vacancy |
| 44-01-05 |
Oath of civil officers |
| 44-01-05.1 |
Failure to file oath |
| 44-01-06 |
State and district officers to give bonds |
| 44-01-07 |
Officers to account for moneys collected |
| 44-01-08 |
Approval of bonds |
| 44-01-09 |
Filing of bonds |
| 44-01-10 |
Approval of bond ‑ Signature of officer approving |
| 44-01-11 |
Approval of fidelity bonds |
| 44-01-12 |
Bonds construed to cover all duties |
| 44-01-13 |
Governor may require additional bond of state officers |
| 44-01-14 |
Public officials prohibited from becoming sureties for other officers and employees |
| 44-01-15 |
Political subdivisions authorized to carry liability insurance ‑ Defense of governmental immunity not available to insurers |
Chapter 44-02 - Vacancies in Office
| Section |
Section Name |
| 44-02-01 |
Vacancies ‑ Causes thereof |
| 44-02-02 |
Resignations of officers ‑ To whom made |
| 44-02-03 |
Vacancy in state or district office ‑ How filled |
| 44-02-03.1 |
Vacancy in legislative assembly |
| 44-02-04 |
Vacancy in county office ‑ Appointment |
| 44-02-05 |
Vacancy in board of county commissioners ‑ How filled |
| 44-02-06 |
Vacancy in township office ‑ How filled |
| 44-02-07 |
Brief vacancy not to be filled ‑ Exception |
| 44-02-08 |
Appointment to be made in writing ‑ Term |
| 44-02-09 |
Appointment ‑ How qualified |
| 44-02-10 |
Vacancy due to military service ‑ How office is filled |
Chapter 44-03 - Deputy Officers
| Section |
Section Name |
| 44-03-01 |
Deputies may be appointed by certain officers |
| 44-03-02 |
Persons ineligible as deputy |
| 44-03-03 |
Oath of deputy |
| 44-03-04 |
Officials to be residents and citizens |
Chapter 44-04 - Duties, Records, and Meetings
| Section |
Section Name |
| 44-04-01 |
When official reports to be made |
| 44-04-02 |
Penalty for failure to make report |
| 44-04-03 |
Attorney general and state's attorney to prosecute officer for failure to make report |
| 44-04-04 |
Aliens convicted of felony or adjudged mentally ill |
| 44-04-05 |
Certified copies of papers on alien convicted of felony ‑ Request by United States immigration officer |
| 44-04-06 |
Peace officers to report law violations |
| 44-04-07 |
Inventory required |
| 44-04-08 |
Duty of the heads of state institutions and state boards, departments, or offices to make reports |
| 44-04-09 |
Nepotism |
| 44-04-10 |
Violation of provisions against nepotism ‑ Penalty |
| 44-04-11 |
Offices to be kept where required by law ‑ Penalty for violation |
| 44-04-12 |
Public property must be delivered to successor |
| 44-04-13 |
Property delivered to successor |
| 44-04-14 |
Examination of records of county officers ‑ State's attorney to prosecute |
| 44-04-15 |
Examination of records of local officers ‑ State's attorney to prosecute |
| 44-04-16 |
Officer to provide blanks and records for office |
| 44-04-17 |
Various officers' restrictions ‑ Penalty |
| 44-04-17.1 |
Definitions |
| 44-04-18 |
Access to public records ‑ Electronically stored information |
| 44-04-18.1 |
Public employee personal, medical, and employee assistance records ‑ Confidentiality ‑ Personal information maintained by state entities - Exempt |
| 44-04-18.2 |
Certain economic development records exempt from disclosure |
| 44-04-18.3 |
Records of juvenile court supervisors and probation officers and law enforcement and correctional employees ‑ Law enforcement work schedules ‑ Confidential informants |
| 44-04-18.4 |
Confidentiality of trade secret, proprietary, commercial, financial, and research information |
| 44-04-18.5 |
Computer software programs exempt |
| 44-04-18.6 |
Access to legislative records and information |
| 44-04-18.7 |
Criminal intelligence information and criminal investigative information ‑ Nondisclosure ‑ Record of information maintained |
| 44-04-18.8 |
Examination questions and procedures exemption |
| 44-04-18.9 |
Access to financial account numbers |
| 44-04-18.10 |
Disclosure of public records |
| 44-04-18.11 |
Disclosure pursuant to subpoena or order |
| 44-04-18.12 |
Cooperative investigations and litigation |
| 44-04-18.13 |
Lists of minors |
| 44-04-18.14 |
Information provided to the followup information on North Dakota education and training system |
| 44-04-18.15 |
Fundraising and donor records exempt |
| 44-04-18.16 |
Confidentiality of patient records at student health services and university system clinics |
| 44-04-18.17 |
Personal and financial information in a consumer complaint |
| 44-04-18.18 |
Autopsy images ‑ Confidential ‑ Exceptions |
| 44-04-18.19 |
Exemption of records relating to individual recipients of economic assistance or benefits |
| 44-04-18.20 |
Domestic violence and victim record information exempt |
| 44-04-18.21 |
Electronic mail addresses and telephone numbers exempt |
| 44-04-18.22 |
Medical condition or medical treatment information obtained during emergency medical response - Exempt |
| 44-04-18.23 |
Library, archive, and museum collections ‑ Exempt records |
| 44-04-18.24 |
Legislative bill tracking records ‑ Exempt |
| 44-04-18.25 |
Value of property paid or delivered to the administrator of the state abandoned property office ‑ Exempt record |
| 44-04-18.26 |
Requests for records by members of the legislative assembly and the legislative council |
| 44-04-18.27 |
Applications for public employment ‑ Hiring process ‑ Confidential records and open records |
| 44-04-18.28 |
Title IX records at state universities and colleges exempt |
| 44-04-18.29 |
Information received for audits by the board of university and school lands |
| 44-04-18.30 |
Identity of reporter to social services agency ‑ Exempt records |
| 44-04-18.31 |
Background interviews for law enforcement officer applications ‑ Exempt records |
| 44-04-18.32 |
Medical records or medical information ‑ Exempt |
| 44-04-18.33 |
Secretary of state - Petition records - Exempt |
| 44-04-18.34 |
Admissions applications to institutions of higher education - Exempt |
| 44-04-19 |
Access to public meetings |
| 44-04-19.1 |
Open records and open meetings ‑ Exemptions for attorney work product, attorney consultation, and negotiation preparation |
| 44-04-19.2 |
Confidential or closed meetings |
| 44-04-19.3 |
Open meetings exemption ‑ Legislative caucuses |
| 44-04-19.4 |
Township onsite inspections ‑ Exemption |
| 44-04-20 |
Notice of public meetings required ‑ Exceptions ‑ Schedule set by statute, ordinance, or resolution |
| 44-04-20.1 |
Public comment ‑ Regular meetings of a public entity |
| 44-04-21 |
Open voting at public meetings required ‑ Results recorded in minutes |
| 44-04-21.1 |
Administrative review procedure |
| 44-04-21.2 |
Remedies for violations and enforcement procedure |
| 44-04-21.3 |
Attorney general referral and criminal penalties |
| 44-04-22 |
Conflict of interest law |
| 44-04-23 |
Year 2000 information requests ‑ Use ‑ Exceptions |
| 44-04-24 |
Security system plan ‑ Disaster and cybersecurity information ‑ Exemption |
| 44-04-25 |
Public health and security plans ‑ Exemption |
| 44-04-26 |
Security system plan ‑ Public health and security plans ‑ Exemption from public meeting requirements |
| 44-04-27 |
Computer passwords and security information ‑ Confidential |
| 44-04-28 |
Social security numbers ‑ Confidential |
| 44-04-29 |
Client files at the university of North Dakota school of law ‑ Confidential |
| 44-04-30 |
Records of the state fire marshal, fire departments, and rural fire protection districts confidential |
| 44-04-31 |
Business associate ‑ Duty to protect information |
| 44-04-32 |
Animal feeding operation record requests |
| 44-04-33 |
Reservation of powers not granted to the federal government |
Chapter 44-05 - Administration of Oaths
| Section |
Section Name |
| 44-05-01 |
Officers authorized to administer oaths |
| 44-05-02 |
Person may affirm |
| 44-05-03 |
Fee for taking acknowledgment and administering an oath |
| 44-05-04 |
Place of filing oath of office |
Chapter 44-06 - Revised Uniform Law Notarial Acts [Repealed]
Chapter 44-06.1 - Revised Uniform Law on Notarial Acts
Chapter 44-07 - Commissioners of Deeds [Repealed]
Chapter 44-08 - Miscellaneous Provisions
| Section |
Section Name |
| 44-08-01 |
Competitive purchasing required |
| 44-08-01.1 |
Bids to be sealed ‑ Designation of time and place for opening ‑ Preference for tie bids |
| 44-08-02 |
Resident North Dakota bidder, seller, vendor, offeror, and contractor defined |
| 44-08-03 |
Traveling expenses ‑ What allowed |
| 44-08-04 |
Expense account ‑ Amount allowed ‑ Verification |
| 44-08-04.1 |
Per diem allowance for long‑term travel |
| 44-08-04.2 |
Travel advances |
| 44-08-04.3 |
Moving expense ‑ Allowances ‑ Verification |
| 44-08-04.4 |
Prepayment of travel expenses of state officers and employees |
| 44-08-04.5 |
Prepayment and direct billing of lodging expenses of state officers and employees |
| 44-08-05 |
Civil recovery of public funds |
| 44-08-05.1 |
Payments ‑ Purchasing card authority ‑ Penalty |
| 44-08-06 |
Dimensions of seal of court or officer |
| 44-08-06.1 |
Validation ‑ Certificates of acknowledgment |
| 44-08-07 |
When temporary seal may be authorized |
| 44-08-08 |
Per diem oath ‑ Penalty |
| 44-08-09 |
Fees paid in advance or security given |
| 44-08-10 |
Provision "Buy North Dakota Products" ‑ Public notices and printing |
| 44-08-11 |
State and other political subdivisions to furnish counsel to defend law enforcement officers |
| 44-08-12 |
Definitions |
| 44-08-13 |
Facsimile signature |
| 44-08-14 |
Use of facsimile seal |
| 44-08-15 |
Violation and penalty |
| 44-08-16 |
Definition of law enforcement officer |
| 44-08-17 |
Political subdivisions authorized to purchase insurance on the life of law enforcement officer ‑ Benefits payable to dependent survivor |
| 44-08-18 |
Officials and employees of agencies located in capitol building responsible for keys issued to them ‑ Return upon termination of employment ‑ Agency head responsibility |
| 44-08-19 |
Political activities by public employees prohibited while on duty ‑ Definition |
| 44-08-20 |
Additional powers of peace officers |
| 44-08-20.1 |
Law enforcement officer job application |
| 44-08-21 |
Recall of elected officials of political subdivisions |
| 44-08-21.1 |
Recall of elected members of a governing body of a city, park district, or school board |
| 44-08-22 |
Purchase of flags of the United States |
| 44-08-23 |
Removal of political subdivision officer |
| 44-08-24 |
Interagency cooperation |
| 44-08-25 |
Prohibition ‑ Sanctuary ‑ Immigration ‑ Void ‑ Fund ‑ Continuing appropriation |
Chapter 44-09 - Removal by Impeachment
| Section |
Section Name |
| 44-09-01 |
Impeachments ‑ Reasons ‑ Officers subject |
| 44-09-02 |
Commencement ‑ Trial ‑ Presiding officer |
| 44-09-03 |
Impeachment ‑ Origination ‑ Prosecution ‑ Articles |
| 44-09-04 |
Form of articles of impeachment ‑ Specifications |
| 44-09-05 |
Day for hearing ‑ Notice to accused |
| 44-09-06 |
Service of notice |
| 44-09-07 |
Procedure after notice |
| 44-09-08 |
Impeachment suspends officer |
| 44-09-09 |
Organization of court ‑ Powers |
| 44-09-10 |
Counsel for accused |
| 44-09-11 |
How accused may answer ‑ Articles of impeachment |
| 44-09-12 |
Objections to the articles ‑ Procedure |
| 44-09-13 |
Impeachment ‑ Objections overruled ‑ Further proceedings |
| 44-09-14 |
Duty of secretary of senate |
| 44-09-15 |
Subordinate officers of the court of impeachment |
| 44-09-16 |
Process for witnesses |
| 44-09-17 |
Senate may make rules for trial ‑ Subpoenas |
| 44-09-17.1 |
Depositions may be taken |
| 44-09-17.2 |
Corporations and limited liability companies to produce books and records ‑ Penalty |
| 44-09-18 |
Privileges of court ‑ Imprisonment |
| 44-09-19 |
Vote on charge ‑ Conviction |
| 44-09-20 |
Upon conviction judgment entered by resolution |
| 44-09-21 |
Adoption of resolution ‑ Judgment of senate |
| 44-09-22 |
Extent of judgment of conviction |
| 44-09-23 |
Effect of judgment of conviction |
| 44-09-24 |
Lieutenant governor impeached ‑ Notice to house |
| 44-09-25 |
Impeachment does not bar prosecution |
| 44-09-26 |
Court of impeachment ‑ Compensation ‑ Members ‑ Counsel ‑ Payment |
| 44-09-27 |
Impeachment trial ‑ Compensation of officers and witnesses ‑ Payment |
Chapter 44-10 - Removal by Judicial Proceedings
| Section |
Section Name |
| 44-10-01 |
Additional proceedings ‑ Removal from office |
| 44-10-02 |
Accusation by grand jury ‑ Causes for removal |
| 44-10-03 |
Form of accusation |
| 44-10-04 |
Service of accusation by judge and state's attorney ‑ Filing original |
| 44-10-05 |
Defendant must appear and answer accusation |
| 44-10-06 |
Defendant's answer |
| 44-10-07 |
Objections for insufficiency by defendant |
| 44-10-08 |
Denial of accusation may be oral |
| 44-10-09 |
Objections to sufficiency of accusation overruled ‑ Answer |
| 44-10-10 |
Conviction on plea or trial |
| 44-10-11 |
Trial by jury |
| 44-10-12 |
Judgment on conviction |
| 44-10-13 |
Process for witnesses |
| 44-10-14 |
Appeal from judgment of removal |
| 44-10-15 |
Proceedings to remove state's attorney |
| 44-10-16 |
Other accusations ‑ Delivery by judge to state's attorney |
| 44-10-17 |
Accusation ‑ Notice to appear ‑ Service on defendant |
| 44-10-18 |
Hearing ‑ Evidence ‑ Determination of issues |
| 44-10-19 |
Jury called on request |
| 44-10-20 |
Proceedings on trial of court case ‑ Costs ‑ Appeal |
| 44-10-21 |
Proceedings do not bar criminal prosecution |
Chapter 44-11 - Removal by Governor
| Section |
Section Name |
| 44-11-01 |
What officers removable by governor ‑ Grounds |
| 44-11-02 |
Charges ‑ How made ‑ By whom prosecuted |
| 44-11-03 |
Petition and complaint ‑ Requisites |
| 44-11-04 |
Suspension of officer - Notice to governing body |
| 44-11-04.1 |
Appointment of special commissioner - Filing of complaint |
| 44-11-05 |
Notice of charges ‑ Taking testimony |
| 44-11-06 |
Hearing - Report to governor |
| 44-11-07 |
Removal from office upon hearing ‑ Filling vacancy |
| 44-11-08 |
Appeal ‑ Notice and bond filed with clerk of district court |
| 44-11-09 |
Appeal ‑ Notification of governor ‑ Proceedings |
| 44-11-10 |
Fees of special commissioner ‑ Stenographer ‑ Witnesses |
| 44-11-11 |
Oath of commissioner ‑ Contents ‑ Filing |
| 44-11-12 |
Powers of commissioner ‑ Subpoenas ‑ Service ‑ Fees |
| 44-11-13 |
Costs on dismissal of charges ‑ Bond |
| 44-11-14 |
Collection of costs |
Title 45 - Partnerships
Chapter 45-01 - General Principles [Repealed]
Chapter 45-02 - General Partnership [Repealed]
Chapter 45-03 - Special Partnership [Repealed]
Chapter 45-04 - Actions by and Against Partnerships [Repealed]
Chapter 45-05 - Partnerships Generally [Repealed]
Chapter 45-06 - Relations of Partners to Others [Repealed]
Chapter 45-07 - Relations of Partners to One Another [Repealed]
Chapter 45-08 - Property Rights of a Partner [Repealed]
Chapter 45-09 - Dissolution and Winding Up [Repealed]
Chapter 45-10 - Uniform Limited Partnership Act [Repealed]
Chapter 45-10.1 - Uniform Limited Partnership Act [Repealed]
Chapter 45-10.2 - Uniform Limited Partnership Act
| Section |
Section Name |
| 45-10.2-01 |
(101) Citation |
| 45-10.2-02 |
(102) Definitions |
| 45-10.2-03 |
(1206) Application to existing relationships |
| 45-10.2-04 |
(1207) Savings clause |
| 45-10.2-05 |
Legal recognition of electronic records and electronic signatures |
| 45-10.2-06 |
(103) Knowledge and notice |
| 45-10.2-06.1 |
Reservation of legislative right |
| 45-10.2-07 |
(104) Nature, purpose, and duration of entity |
| 45-10.2-08 |
(105) General powers |
| 45-10.2-09 |
(106 and 107) Governing law |
| 45-10.2-10 |
Limited partnership name |
| 45-10.2-11 |
Reserved name |
| 45-10.2-12 |
(110) Effect of partnership agreement and nonwaivable provisions |
| 45-10.2-13 |
(111) Required information |
| 45-10.2-14 |
(112) Business transactions of partner with partnership |
| 45-10.2-15 |
(113) Dual capacity |
| 45-10.2-16 |
Registration of general partner |
| 45-10.2-17 |
Registered office ‑ Registered agent |
| 45-10.2-18 |
Change of registered office or agent ‑ Resignation of registered agent ‑ Change of name or address of registered agent |
| 45-10.2-19 |
Action without a meeting |
| 45-10.2-20 |
Remote communications for partner meetings |
| 45-10.2-21 |
Consent and proxies of partners |
| 45-10.2-22 |
Acceptance of partner act by the limited partnership |
| 45-10.2-23 |
(201) Formation of limited partnership and certificate of limited partnership |
| 45-10.2-24 |
(202) Amendment or restatement of certificate |
| 45-10.2-25 |
(204) Signing of records |
| 45-10.2-26 |
(205) Signing and filing pursuant to judicial order |
| 45-10.2-27 |
(206) Delivery to and filing of records by secretary of state and effective date |
| 45-10.2-28 |
Correcting a filed record |
| 45-10.2-29 |
(208) Liability for false information in filed record |
| 45-10.2-30 |
(209) Certificate of existence or authorization |
| 45-10.2-31 |
(301) Becoming a limited partner |
| 45-10.2-32 |
(302) No right or power as limited partner to bind limited partnership |
| 45-10.2-33 |
(303) No liability as limited partner for limited partnership obligation |
| 45-10.2-34 |
(304) Right of limited partner and former limited partner to information |
| 45-10.2-35 |
(305) Limited duties of limited partners |
| 45-10.2-36 |
(306) Person erroneously believing self to be limited partner |
| 45-10.2-37 |
(401) Becoming general partner |
| 45-10.2-38 |
(402) General partner agent of limited partnership |
| 45-10.2-39 |
(403) Limited partnership liable for actionable conduct of general partner |
| 45-10.2-40 |
(404) Liability of general partner |
| 45-10.2-41 |
(405) Actions by and against partnership and partners |
| 45-10.2-42 |
(406) Management rights of general partner |
| 45-10.2-43 |
(407) Right of general partner and former general partner to information |
| 45-10.2-44 |
(408) General standards of conduct of general partner |
| 45-10.2-45 |
(409) Transfer of partnership property |
| 45-10.2-46 |
(501) Form of contribution |
| 45-10.2-47 |
(502) Liability for contribution |
| 45-10.2-48 |
(503) Sharing of distributions |
| 45-10.2-49 |
(504) Interim distributions |
| 45-10.2-50 |
(505) No distribution on account of dissociation |
| 45-10.2-51 |
(506) Distribution in kind |
| 45-10.2-52 |
(507) Right to distribution |
| 45-10.2-53 |
(508) Limitation on distribution |
| 45-10.2-54 |
(509) Liability for improper distributions |
| 45-10.2-55 |
(601) Dissociation as limited partner |
| 45-10.2-56 |
(602) Effect of dissociation as limited partner |
| 45-10.2-57 |
(603) Dissociation as general partner |
| 45-10.2-58 |
(604) Power of a person to dissociate as a general partner ‑ Wrongful dissociation |
| 45-10.2-59 |
(605) Effect of dissociation as general partner |
| 45-10.2-60 |
(606) Power to bind and liability to limited partnership before dissolution of partnership of person dissociated as general partner |
| 45-10.2-61 |
(607) Liability to other persons of person dissociated as general partner |
| 45-10.2-62 |
(701) Transferable interest of a partner |
| 45-10.2-63 |
(702) Transfer of the transferable interest of a partner |
| 45-10.2-64 |
(703) Charging order |
| 45-10.2-65 |
(704) Power of estate of deceased partner |
| 45-10.2-66 |
(801) Nonjudicial dissolution |
| 45-10.2-67 |
(802) Judicial dissolution |
| 45-10.2-68 |
(803) Winding up |
| 45-10.2-69 |
(203) Statement of termination |
| 45-10.2-70 |
(804) Power of general partner and person dissociated as general partner to bind partnership after dissolution |
| 45-10.2-71 |
(805) Liability after dissolution of general partner and person dissociated as general partner to limited partnership, other general partners, and persons dissociated as general partner |
| 45-10.2-72 |
(806) Known claims against dissolved limited partnership |
| 45-10.2-73 |
(807) Other claims against dissolved limited partnerships |
| 45-10.2-74 |
(808) Liability of general partner and person dissociated as general partner when claim against limited partnership barred |
| 45-10.2-75 |
(812) Disposition of assets ‑ When contributions required |
| 45-10.2-76 |
(901) Foreign limited partnership ‑ Governing law |
| 45-10.2-77 |
(905) Foreign limited partnership ‑ Name |
| 45-10.2-78 |
Foreign limited partnership ‑ Admission of foreign limited partnership ‑ Transacting business ‑ Obtaining licenses and permits |
| 45-10.2-79 |
(902) Foreign limited partnership ‑ Application for certificate of authority |
| 45-10.2-80 |
(904) Foreign limited partnership ‑ Filing of certificate of authority application |
| 45-10.2-81 |
Foreign limited partnership ‑ Amendments to the certificate of authority |
| 45-10.2-82 |
Foreign limited partnership ‑ Registered agent ‑ Registered office |
| 45-10.2-83 |
Foreign limited partnership ‑ Merger of foreign limited partnership authorized to transact business in this state |
| 45-10.2-84 |
Foreign limited partnership ‑ Conversion of foreign limited partnership authorized to transact business in this state |
| 45-10.2-85 |
Foreign limited partnership ‑ Cancellation of certificate of authority ‑ Effect of failure to have certificate |
| 45-10.2-86 |
(903) Foreign limited partnership ‑ Activities not constituting transacting business |
| 45-10.2-87 |
Foreign limited partnership ‑ Revocation of certificate of authority |
| 45-10.2-88 |
(908) Foreign limited partnership ‑ Action by attorney general |
| 45-10.2-89 |
(1001) Direct action by partner |
| 45-10.2-90 |
(1002) Derivative action |
| 45-10.2-91 |
(1003) Proper plaintiff |
| 45-10.2-92 |
(1004) Pleading |
| 45-10.2-93 |
(1005) Proceeds and expenses |
| 45-10.2-94 |
(1102) Conversion |
| 45-10.2-95 |
Plan of conversion |
| 45-10.2-96 |
Plan of conversion approval and amendment |
| 45-10.2-97 |
Articles of conversion |
| 45-10.2-98 |
Abandonment of conversion |
| 45-10.2-99 |
Effective date of conversion ‑ Effect |
| 45-10.2-100 |
(1106) Merger |
| 45-10.2-101 |
(1107) Plan of merger approval ‑ Amendment and abandonment |
| 45-10.2-102 |
(1108) Articles of merger |
| 45-10.2-103 |
(1109) Effect of merger |
| 45-10.2-104 |
(1110) Restrictions on approval of conversions and mergers and on relinquishing limited liability limited partnership status |
| 45-10.2-105 |
(1111) Liability of general partner after conversion or merger |
| 45-10.2-106 |
(1112) Power of general partners and persons dissociated as general partners to bind organization after conversion or merger |
| 45-10.2-107 |
Service of process on a limited partnership or foreign limited partnership and on nonresident general partners |
| 45-10.2-108 |
Secretary of state ‑ Annual report of limited partnership and foreign limited partnership |
| 45-10.2-108.1 |
Secretary of state ‑ Involuntary dissolution ‑ Revocation of certificate of authority |
| 45-10.2-109 |
Secretary of state ‑ Fees for filing records |
| 45-10.2-110 |
Secretary of state ‑ Duties |
| 45-10.2-111 |
Secretary of state ‑ Powers ‑ Enforcement ‑ Penalty ‑ Appeal |
| 45-10.2-112 |
Secretary of state ‑ Certificates and certified copies to be received in evidence |
| 45-10.2-113 |
Secretary of state ‑ Confidential records |
| 45-10.2-114 |
Secretary of state ‑ Forms to be furnished by the secretary of state |
| 45-10.2-115 |
Audit reports and audit of limited partnerships receiving state subsidies for production of alcohol or methanol for combination with gasoline |
| 45-10.2-116 |
(1201) Uniformity of application and construction |
| 45-10.2-117 |
(1203) Relation to Electronic Signatures in Global and National Commerce Act |
Chapter 45-11 - Fictitious Partnership Name
| Section |
Section Name |
| 45-11-01 |
Partnership ‑ Use of fictitious name |
| 45-11-02 |
How certificate executed ‑ Content |
| 45-11-02.1 |
Electronic filing of fictitious name certificate |
| 45-11-03 |
Foreign partnership permitted to use fictitious name |
| 45-11-03.1 |
Registration of general partner |
| 45-11-04 |
Penalty for unlawful use of fictitious name |
| 45-11-04.1 |
Renewal |
| 45-11-05 |
Amended certificate required when members changed |
| 45-11-05.1 |
Change of name or address of member |
| 45-11-06 |
Duty of secretary of state regarding fictitious name certificate |
| 45-11-07 |
Certified copy used as evidence |
| 45-11-08 |
Unlawful use of fictitious partnership name |
| 45-11-08.1 |
Principal place of business |
| 45-11-08.2 |
Cancellation |
| 45-11-09 |
General penalty |
| 45-11-10 |
Secretary of state ‑ Exempt records |
Chapter 45-12 - Application of Law
| Section |
Section Name |
| 45-12-01 |
Provisions for existing limited partnerships |
| 45-12-02 |
Provisions for other existing partnerships |
| 45-12-03 |
Repeal |
| 45-12-04 |
Citation |
Chapter 45-13 - Partnerships in General
| Section |
Section Name |
| 45-13-01 |
(101) Definitions |
| 45-13-01.1 |
Legal recognition of electronic records and electronic signatures |
| 45-13-02 |
(102) Knowledge and notice |
| 45-13-02.1 |
Reservation of legislative right |
| 45-13-03 |
(103) Effect of partnership agreement ‑ Nonwaivable provisions |
| 45-13-04 |
(104) Supplemental principles of law |
| 45-13-04.1 |
Partnership name |
| 45-13-04.2 |
Reserved name |
| 45-13-05 |
(105) Execution, filing, and recording of statements |
| 45-13-06 |
(106) Law governing internal relations |
| 45-13-07 |
(107) Partnership subject to amendment or repeal |
Chapter 45-14 - Nature of Partnership
| Section |
Section Name |
| 45-14-01 |
(201) Partnership as entity |
| 45-14-02 |
(202) Formation of partnership |
| 45-14-03 |
(203) Partnership property |
| 45-14-04 |
(204) When property is partnership property |
Chapter 45-15 - Relations of Partners to Persons Dealing With Partnership
| Section |
Section Name |
| 45-15-01 |
(301) Partner agent of partnership |
| 45-15-02 |
(302) Transfer of partnership property |
| 45-15-03 |
(303) Statement of partnership authority |
| 45-15-03.1 |
Registered office ‑ Registered agent |
| 45-15-03.2 |
Change of registered office or agent |
| 45-15-04 |
(304) Statement of denial |
| 45-15-05 |
(305) Partnership liable for partner's actionable conduct |
| 45-15-06 |
(306) Partner's liability |
| 45-15-07 |
(307) Actions by and against partnership and partners |
| 45-15-08 |
(308) Liability of purported partner |
Chapter 45-16 - Relations of Partners to Each Other and to Partnership
| Section |
Section Name |
| 45-16-01 |
(401) Partner's rights and duties |
| 45-16-02 |
(402) Distributions in kind |
| 45-16-03 |
(403) Partner's rights and duties with respect to information |
| 45-16-04 |
(404) General standards of partner's conduct |
| 45-16-05 |
(405) Actions by partnership and partners |
| 45-16-06 |
(406) Continuation of partnership beyond definite term or particular undertaking |
| 45-16-07 |
Action without a meeting |
| 45-16-08 |
Remote communications for partner meetings |
Chapter 45-17 - Transferees and Creditors of Partner
| Section |
Section Name |
| 45-17-01 |
(501) Partner not co-owner of partnership property |
| 45-17-02 |
(502) Partner's transferable interest in partnership |
| 45-17-03 |
(503) Transfer of partner's transferable interest |
| 45-17-04 |
(504) Partner's transferable interest subject to charging order |
Chapter 45-18 - Partner's Dissociation
| Section |
Section Name |
| 45-18-01 |
(601) Events causing partner's dissociation |
| 45-18-02 |
(602) Partner's power to dissociate ‑ Wrongful dissociation |
| 45-18-03 |
(603) Effect of partner's dissociation |
Chapter 45-19 - Partner's Dissociation When Business Not Wound Up
| Section |
Section Name |
| 45-19-01 |
(701) Purchase of dissociated partner's interest |
| 45-19-02 |
(702) Dissociated partner's power to bind and liability to partnership |
| 45-19-03 |
(703) Dissociated partner's liability to other persons |
| 45-19-04 |
(704) Statement of dissociation |
| 45-19-05 |
(705) Continued use of partnership name |
Chapter 45-20 - Winding Up Partnership Business
| Section |
Section Name |
| 45-20-01 |
(801) Events causing dissolution and winding up of partnership business |
| 45-20-02 |
(802) Partnership continues after dissolution |
| 45-20-03 |
(803) Right to wind up partnership business |
| 45-20-04 |
(804) Partner's power to bind partnership after dissolution |
| 45-20-05 |
(805) Statement of dissolution |
| 45-20-06 |
(806) Partner's liability to other partners after dissolution |
| 45-20-07 |
(807) Settlement of accounts and contributions among partners |
| 45-20-08 |
Omitted assets |
Chapter 45-21 - Conversions and Mergers
| Section |
Section Name |
| 45-21-01 |
(901) Definitions ‑ Conversions and mergers |
| 45-21-02 |
(902) Conversion |
| 45-21-02.1 |
Plan of conversion |
| 45-21-03 |
(903) Plan of conversion approval and amendment |
| 45-21-04 |
(904) Statement of conversion |
| 45-21-04.1 |
Abandonment of conversion |
| 45-21-04.2 |
Effective date of conversion ‑ Effect |
| 45-21-04.3 |
Foreign partnership - Conversion of foreign partnership authorized to transact business in this state |
| 45-21-05 |
(905) Merger of partnerships |
| 45-21-06 |
(906) Effect of merger |
| 45-21-07 |
(907) Statement of merger |
| 45-21-07.1 |
Liability of general partner after conversion or merger |
| 45-21-08 |
(908) Nonexclusive |
Chapter 45-22 - Limited Liability Partnerships
| Section |
Section Name |
| 45-22-01 |
Definitions |
| 45-22-01.1 |
Legal recognition of electronic records and electronic signatures |
| 45-22-02 |
Applicability of chapters 45‑13 through 45‑21 |
| 45-22-03 |
Registration |
| 45-22-04 |
Limited liability partnership ‑ Name |
| 45-22-05 |
Reserved name |
| 45-22-06 |
Failure to use required name |
| 45-22-07 |
Unauthorized assumption of limited liability partnership powers ‑ Liability |
| 45-22-08 |
Limited liability partnership shield |
| 45-22-08.1 |
Partner liability |
| 45-22-09 |
Piercing the limited liability shield |
| 45-22-10 |
Liability of partners for illegal distributions |
| 45-22-11 |
Registered office and agent |
| 45-22-12 |
Change of registered office or agent |
| 45-22-13 |
Voluntary withdrawal of status |
| 45-22-14 |
Filing after dissolution |
| 45-22-15 |
Limited liability after dissolution |
| 45-22-16 |
Secretary of state ‑ Revocation of registration |
| 45-22-17 |
Service of process on a limited liability partnership or a foreign limited liability partnership and on a nonresident partner |
| 45-22-18 |
Foreign limited liability partnership ‑ Governing law |
| 45-22-19 |
Foreign limited liability partnership ‑ Transacting business and obtaining licenses and permits by a foreign limited liability partnership |
| 45-22-20 |
Transaction of business by a foreign limited liability partnership without registration |
| 45-22-20.1 |
Foreign limited liability partnership ‑ Transactions by a foreign limited liability partnership not constituting the transactions of business |
| 45-22-21 |
Foreign limited liability partnership ‑ Transactions by a foreign limited liability partnership not constituting the transaction of business |
| 45-22-21.1 |
Secretary of state ‑ Annual report of domestic limited liability partnership and foreign limited liability partnership |
| 45-22-22 |
Secretary of state ‑ Fees and charges |
| 45-22-23 |
Secretary of state ‑ Powers ‑ Enforcement ‑ Penalty ‑ Appeal |
| 45-22-23.1 |
Delivery to and filing of records by secretary of state and effective date |
| 45-22-23.2 |
Correcting a filed record |
| 45-22-24 |
Certificates and certified copies to be received in evidence |
| 45-22-25 |
Forms to be furnished by the secretary of state |
| 45-22-26 |
Audit reports and audit of limited liability partnerships receiving state subsidies for production of alcohol or methanol for combination with gasoline |
| 45-22-27 |
Foreign trade zones |
Chapter 45-23 - Limited Liability Limited Partnership
| Section |
Section Name |
| 45-23-01 |
Definitions |
| 45-23-01.1 |
Legal recognition of electronic records and electronic signatures |
| 45-23-02 |
Applicability of chapter 45‑10.2 |
| 45-23-03 |
Limited liability limited partnership name |
| 45-23-04 |
Limited liability limited partnership formation and conversion of a limited partnership to a limited liability limited partnership or conversion of a limited liability limited partnership to a limited partnership |
| 45-23-05 |
Effective date of formation or election under this chapter |
| 45-23-06 |
General partner liability |
| 45-23-07 |
Foreign limited liability limited partnership |
| 45-23-08 |
Secretary of state ‑ Fees for filing records |
| 45-23-09 |
Secretary of state ‑ Confidential records |
Title 46 - Printing Laws
Chapter 46-01 - Supervision of State Printing
| Section |
Section Name |
| 46-01-01 |
Office of management and budget to purchase printing |
| 46-01-02 |
Printing duties of office of management and budget |
| 46-01-03 |
State printer ‑ Duties |
Chapter 46-02 - Printing and Binding, General Provisions
| Section |
Section Name |
| 46-02-01 |
Printing and binding ‑ Duties of the office of management and budget |
| 46-02-02 |
Union label on printed matter ‑ Prerequisite ‑ Penalty |
| 46-02-03 |
Paper ‑ Quality |
| 46-02-04 |
Classes of printing |
| 46-02-05 |
Printing services ‑ Classifications 1, 2, and 4 ‑ Form, style, quantity, timing specifications |
| 46-02-06 |
Opening of bids ‑ Awards |
| 46-02-07 |
Proposals ‑ How made |
| 46-02-08 |
Bids ‑ When received ‑ Not changed |
| 46-02-09 |
Printing classifications 3 and 6 ‑ Procured by the office of management and budget ‑ Exceptions |
| 46-02-10 |
Printing and binding done without unnecessary delay ‑ Time within which laws and public documents must be delivered ‑ How extension granted |
| 46-02-11 |
Contractor ‑ Failure on contract ‑ Cancellation of contract ‑ Penalty |
| 46-02-12 |
The office of management and budget ‑ Inferior printing and work |
| 46-02-13 |
Printing accounts ‑ How certified and paid |
| 46-02-14 |
Copies of documents to accompany bills for printing |
| 46-02-15 |
Public printing resident bidder preference |
| 46-02-16 |
Voucher for printing ‑ Contents |
| 46-02-17 |
Serial numbering of forms ‑ Penalty |
| 46-02-18 |
Maximum cost of public printing |
| 46-02-19 |
Unlawful for public officials to place name on public documents in large‑size type ‑ Penalty |
| 46-02-20 |
In‑plant print shops |
Chapter 46-03 - Printing of Executive and Legislative Matter
| Section |
Section Name |
| 46-03-01 |
Governor's messages ‑ How printed |
| 46-03-02 |
Executive and public documents and reports ‑ How printed |
| 46-03-03 |
Reports of state officers ‑ Number printed |
| 46-03-04 |
Blue books ‑ Printing ‑ Distribution |
| 46-03-05 |
Bills, resolutions, and journals ‑ Printing |
| 46-03-06 |
Calendar of bills and resolutions ‑ Contents ‑ Synopsis ‑ Edited by clerk ‑ Copies furnished on request |
| 46-03-07 |
Legislative journals ‑ How printed ‑ Filed with secretary of state |
| 46-03-08 |
Journals ‑ How printed |
| 46-03-09 |
Journals and laws ‑ Number printed |
| 46-03-10 |
Arranging and correcting laws |
| 46-03-11 |
Publication of session laws and pocket supplements |
| 46-03-11.1 |
Publication of Constitution of North Dakota ‑ Numbering and arrangement |
| 46-03-11.2 |
Publication of the century code |
| 46-03-12 |
Popular edition of session laws ‑ How printed ‑ Classification |
| 46-03-13 |
Authentication of popular edition of session laws ‑ Date of distribution |
| 46-03-14 |
Official and authenticated edition of session laws ‑ How printed ‑ Classification |
| 46-03-15 |
Authentication of session laws |
| 46-03-16 |
Style and binding of executive reports |
| 46-03-17 |
Authority to increase number of session laws, journals, and other material printed vested in state publication and printing commission |
| 46-03-18 |
Copies of journals and legislative documents to be furnished printer |
| 46-03-19 |
When documents officially printed ‑ Faith and credit given |
| 46-03-20 |
Omitted statutes not repealed |
Chapter 46-03.1 - Uniform Electronic Legal Material Act
| Section |
Section Name |
| 46-03.1-01 |
Definitions |
| 46-03.1-02 |
Applicability |
| 46-03.1-03 |
Legal material in official electronic record |
| 46-03.1-04 |
Authentication of official electronic record |
| 46-03.1-05 |
Effect of authentication |
| 46-03.1-06 |
Preservation and security of legal material in official electronic record |
| 46-03.1-07 |
Public access to legal material in official electronic record |
| 46-03.1-08 |
Standards |
| 46-03.1-09 |
Uniformity of application and construction |
| 46-03.1-10 |
Relation to Electronic Signatures in Global and National Commerce Act |
Chapter 46-04 - Distribution of Public Documents
| Section |
Section Name |
| 46-04-01 |
Official distribution of state laws ‑ Legislative council to control |
| 46-04-02 |
State libraries entitled to receive copy of state laws |
| 46-04-03 |
Distribution of session laws, compilations, and codifications by legislative council |
| 46-04-04 |
Session laws, compilations, and codifications remain property of state |
| 46-04-05 |
Distribution of session laws, compilations, and codifications to county officers |
| 46-04-06 |
Distribution of session laws, compilations, and codifications in municipalities |
| 46-04-07 |
Marking session laws, codifications, and compilations ‑ Distinctive color and wording |
| 46-04-08 |
Retention of ownership of session laws, compilations, and codifications distributed by municipalities |
| 46-04-09 |
Unauthenticated edition of session laws ‑ Distribution |
| 46-04-10 |
Duties of legislative council ‑ Exchange of laws with other states |
| 46-04-11 |
Distribution of executive documents |
| 46-04-12 |
Distribution of journals |
| 46-04-13 |
Secretary of state to furnish documents to state and United States officials |
| 46-04-14 |
Legislative council to forward laws to counties |
| 46-04-15 |
Delivery of laws and documents by county auditor |
| 46-04-16 |
Officers to deliver volumes of laws to successors |
| 46-04-17 |
Where laws, journals, and documents preserved |
| 46-04-18 |
Legislative council to sell certain laws |
| 46-04-19 |
Legislative council may dispose of laws |
| 46-04-20 |
Destruction of public records |
Chapter 46-05 - Newspapers
| Section |
Section Name |
| 46-05-01 |
Newspapers qualified to do legal printing ‑ File copies with state historical society ‑ Publishing notices in adjoining county |
| 46-05-02 |
Publisher to file affidavit with county auditor |
| 46-05-03 |
Legal notices ‑ Fees |
| 46-05-04 |
Rates and methods of computation applicable to legal notices and publications generally |
| 46-05-05 |
Rates for political announcements ‑ Labeling political matter ‑ Penalty for violation |
| 46-05-06 |
Legal notices ‑ Penalty for violations in printing |
| 46-05-07 |
Publications of county meetings and notices |
| 46-05-08 |
Contents of real property notices |
| 46-05-09 |
Publication of legal notices on website |
Chapter 46-06 - Official Newspaper
| Section |
Section Name |
| 46-06-01 |
Selection of official newspaper |
| 46-06-02 |
Qualifications required of an official newspaper |
| 46-06-03 |
Application to place name on ballot at primary election |
| 46-06-04 |
Where name of newspaper placed on ballot |
| 46-06-05 |
Names of two papers receiving highest number of votes to be placed on general election ballot |
| 46-06-06 |
Newspaper receiving highest number of votes elected ‑ Canvass |
| 46-06-07 |
Bond of official newspaper |
| 46-06-08 |
Vacancy ‑ How filled |
| 46-06-09 |
Publications required to be made in official newspaper |
| 46-06-10 |
When publication null and void |
Title 47 - Property
Chapter 47-01 - General Provisions
| Section |
Section Name |
| 47-01-01 |
Ownership defined |
| 47-01-02 |
Property ‑ Classification |
| 47-01-03 |
Real property defined |
| 47-01-04 |
Land defined |
| 47-01-05 |
Fixtures defined |
| 47-01-06 |
Appurtenances defined |
| 47-01-07 |
Personal property defined |
| 47-01-08 |
What may be subject to ownership |
| 47-01-09 |
Public or private ownership ‑ All property subject to |
| 47-01-10 |
State ownership ‑ Property appropriated or dedicated ‑ Property having no owner |
| 47-01-11 |
Private ownership ‑ Persons qualified ‑ Citizen ‑ Alien |
| 47-01-12 |
Scope of ownership ‑ Above and below surface |
| 47-01-13 |
Ownership of land includes water |
| 47-01-14 |
Land below high water mark ‑ Regulated by federal or state law |
| 47-01-15 |
Banks and beds of streams ‑ Boundary of ownership |
| 47-01-16 |
Road or street ‑ Boundary of ownership |
| 47-01-17 |
Tree occupying lands of adjacent owner ‑ Ownership determined from trunk |
| 47-01-18 |
Lateral and adjacent support |
| 47-01-19 |
Boundaries ‑ Obligation of coterminous owners |
| 47-01-20 |
Extent of ownership ‑ Products and accessions |
| 47-01-21 |
Methods by which property may be acquired |
| 47-01-22 |
Temporary easements to contain fixed termination date |
| 47-01-23 |
Landowner immunity ‑ Use and condition of roads |
Chapter 47-02 - Classification of Ownership
| Section |
Section Name |
| 47-02-01 |
Ownership ‑ Classification |
| 47-02-02 |
Absolute ownership defined |
| 47-02-03 |
Qualified ownership defined |
| 47-02-04 |
Sole or concurrent ownership designated |
| 47-02-05 |
Concurrent ownership defined |
| 47-02-06 |
Joint tenancy interest defined |
| 47-02-07 |
Partnership interest defined |
| 47-02-08 |
Interest in common defined |
| 47-02-09 |
Commencement and duration of interests |
| 47-02-10 |
Present interest defined |
| 47-02-11 |
Future interest defined |
| 47-02-12 |
Perpetual interest defined |
| 47-02-13 |
Limited interest defined |
| 47-02-14 |
Determination of time of creation of limitation |
| 47-02-15 |
Future estates ‑ Classification |
| 47-02-16 |
Alternative contingencies |
| 47-02-17 |
Improbable contingency ‑ Future interest valid |
| 47-02-18 |
Future estates pass |
| 47-02-19 |
Posthumous heir |
| 47-02-20 |
Mere possibility not an interest |
| 47-02-21 |
Future interests ‑ Limitation |
| 47-02-22 |
Conditions of ownership ‑ Definition |
| 47-02-23 |
Conditions ‑ Classification |
| 47-02-24 |
Illegal conditions void |
| 47-02-25 |
Restraints upon marriage void ‑ Use until marriage |
| 47-02-26 |
Restraints on alienation ‑ When void |
| 47-02-27 |
Suspension of power of alienation ‑ Rule against perpetuities |
| 47-02-27.1 |
Statutory rule against perpetuities ‑ Invalidity of certain contingent property interests, general powers of appointment, special powers of appointment, and general testamentary powers of appointment |
| 47-02-27.2 |
When contingent property interest or power of appointment created |
| 47-02-27.3 |
Reformation |
| 47-02-27.4 |
Exclusions from statutory rule against perpetuities |
| 47-02-27.5 |
Prospective application |
| 47-02-28 |
Termination of future interest ‑ Provision by creator |
| 47-02-29 |
Future interest dependent on death without successors is defeated by birth of posthumous child |
| 47-02-30 |
Future interest ‑ Effect of change of intermediate interest |
| 47-02-31 |
Future interest restraining alienation ‑ When void |
| 47-02-32 |
Future interest ‑ Effect of determination of precedent interest ‑ Contingent remainders not artificially destructible |
| 47-02-33 |
Rights of owner of life estate |
| 47-02-34 |
Life estate ‑ Obligation to maintain property ‑ Waste ‑ Taxes ‑ Other charges and assessments |
Chapter 47-03 - Accumulations of Property
| Section |
Section Name |
| 47-03-01 |
Income defined |
| 47-03-02 |
Income from future interests ‑ Dispositions |
| 47-03-03 |
Undisposed income ‑ Persons entitled to future interest |
| 47-03-04 |
Accumulation of income ‑ How directed |
| 47-03-05 |
Accumulation beyond minority of beneficiaries ‑ Direction void |
| 47-03-06 |
Allowance to minor from accumulations |
| 47-03-07 |
Illegal accumulation |
Chapter 47-04 - Estates in Real Property
| Section |
Section Name |
| 47-04-01 |
Jurisdiction ‑ State laws |
| 47-04-02 |
Classification of estates as to duration |
| 47-04-03 |
Estates ‑ Classification and definition |
| 47-04-04 |
Estate in fee defined |
| 47-04-05 |
Estates tail abolished ‑ Declared fees |
| 47-04-06 |
Fee tail valid as contingent limitation upon a fee |
| 47-04-07 |
Estate for life is freehold |
| 47-04-08 |
Future estate limited |
| 47-04-09 |
Reversion defined |
| 47-04-10 |
Remainder defined |
| 47-04-11 |
Limitation of suspension of absolute ownership |
| 47-04-12 |
Trust ‑ Suspension of power to alienate the same |
| 47-04-13 |
Contingent remainder created on prior remainder ‑ Effect |
| 47-04-14 |
Creation of estate ‑ Limitation |
| 47-04-15 |
Life estates ‑ Successive limitations |
| 47-04-16 |
Remainder upon successive life estates |
| 47-04-17 |
Contingent remainder on term of years ‑ Limitation |
| 47-04-18 |
Life estate ‑ Limitation on term of years |
| 47-04-19 |
Remainder limited on contingency |
| 47-04-20 |
Remainder limited to heirs of body of life tenant ‑ Rule in Shelley's Case abolished |
| 47-04-21 |
Remainder limited on estate for life or years ‑ When effective |
| 47-04-22 |
Estate in fee, remainder, or reversion ‑ Right of action |
| 47-04-23 |
Effect of unexecuted power |
| 47-04-24 |
Covenants running with the land defined |
| 47-04-25 |
Covenants running with the land |
| 47-04-25.1 |
Modification of covenants running with the land |
| 47-04-26 |
Covenants running with the land ‑ Classification |
| 47-04-27 |
Covenants ‑ Limitation to designated assigns |
| 47-04-28 |
Covenants running with the land ‑ Owner of entire estate bound |
| 47-04-29 |
Covenants running with the land ‑ Liability as holder only |
| 47-04-30 |
Covenants running with the land ‑ Apportionment of benefit or burden |
| 47-04-31 |
Highways, railways, or rights of way ‑ Covenants of warranty |
| 47-04-32 |
Covenant may not prohibit display of political signs |
Chapter 47-04.1 - Condominium Ownership of Real Property
| Section |
Section Name |
| 47-04.1-01 |
Definitions |
| 47-04.1-02 |
Recording of declaration to submit property to a project |
| 47-04.1-03 |
Contents of declaration |
| 47-04.1-04 |
Declaration of restrictions |
| 47-04.1-05 |
Reference to declaration for description of unit and common elements |
| 47-04.1-06 |
Incidents of a condominium grant |
| 47-04.1-07 |
Administration ‑ Bylaws ‑ Rules and regulations |
| 47-04.1-08 |
Compliance with covenants, bylaws, and administrative provisions |
| 47-04.1-09 |
Partition not available ‑ Exceptions |
| 47-04.1-10 |
Withdrawal of property from project ‑ Recording ‑ Subsequent project |
| 47-04.1-11 |
Liens against units for common expenses ‑ Removal from lien ‑ Effect of part payment |
| 47-04.1-12 |
Other liens ‑ Removal from ‑ Part payment |
| 47-04.1-13 |
Real property tax and special assessments ‑ Levy on each unit |
| 47-04.1-14 |
Covenant, declaration, bylaw, or other rule may not prohibit display of political signs |
| 47-04.1-15 |
Approval by lender of amendment |
| 47-04.1-16 |
Electric vehicle charging station installation ‑ Penalty |
Chapter 47-05 - Servitudes
| Section |
Section Name |
| 47-05-01 |
Easements attached to other lands |
| 47-05-01.1 |
Solar easement ‑ Creation |
| 47-05-01.2 |
Solar easement ‑ Contents |
| 47-05-02 |
Servitudes not attached to land |
| 47-05-02.1 |
Requirements of easements, servitudes, or nonappurtenant restrictions on the use of real property |
| 47-05-03 |
Dominant tenement defined |
| 47-05-04 |
Servient tenement defined |
| 47-05-05 |
Servitude ‑ Creation |
| 47-05-06 |
Holding of servitude |
| 47-05-07 |
Servitude ‑ Extent |
| 47-05-08 |
Partition of dominant tenement ‑ Burden apportioned ‑ Limitations |
| 47-05-09 |
Right of future owner in easements |
| 47-05-10 |
Enforcement of easement ‑ Right of action |
| 47-05-11 |
Public servitude ‑ Effect on owner of fee ‑ Action for possession |
| 47-05-12 |
Extinguishment of servitude ‑ Methods |
| 47-05-13 |
Restrictions on easements for forest purposes |
| 47-05-14 |
Wind easement ‑ Definition |
| 47-05-15 |
Wind easements ‑ Creation ‑ Term ‑ Development required |
| 47-05-16 |
Severance of wind energy rights limited |
| 47-05-17 |
Severance of the right of access for hunting access prohibited |
Chapter 47-06 - Real Estate Title by Occupancy and Accession
| Section |
Section Name |
| 47-06-01 |
Title by occupancy |
| 47-06-02 |
Title by prescription ‑ Occupancy required |
| 47-06-03 |
Title to real property ‑ Adverse possession |
| 47-06-04 |
Fixtures ‑ When tenant may remove |
| 47-06-04.1 |
Mobile home storm shelters ‑ Placement and transfer of ownership |
| 47-06-05 |
Riparian accretions |
| 47-06-06 |
Avulsion ‑ Title ‑ Reclamation by original owner ‑ Limitations |
| 47-06-07 |
Ancient streambed taken by owners of new course as indemnity |
| 47-06-08 |
Islands and relicted lands in navigable streams belong to state |
| 47-06-09 |
Islands and relicted land in non-navigable streams |
| 47-06-10 |
Island formed by dividing stream ‑ Title |
Chapter 47-07 - Personal or Movable Property - General Provisions
| Section |
Section Name |
| 47-07-01 |
Jurisdiction ‑ Law of domicile applies |
| 47-07-02 |
Thing in action defined |
| 47-07-03 |
Thing in action transferable |
| 47-07-04 |
Products of the mind ‑ Ownership ‑ Application |
| 47-07-05 |
Joint ownership of products of the mind |
| 47-07-06 |
Transfer of products of the mind |
| 47-07-07 |
Publication of products of the mind ‑ Right to reproduce |
| 47-07-08 |
Identical products of the mind ‑ Rights of respective owners |
| 47-07-09 |
Private communications ‑ Ownership ‑ Right of publication |
| 47-07-10 |
Goodwill defined |
| 47-07-11 |
Goodwill ‑ Transferability |
| 47-07-12 |
Sale of goodwill ‑ Warranty |
| 47-07-13 |
Title deeds ‑ Ownership passes with title |
| 47-07-14 |
Museum records ‑ Disposition of loaned or donated objects |
Chapter 47-08 - Accession to Personal Property
| Section |
Section Name |
| 47-08-01 |
Things inseparably united |
| 47-08-02 |
Principal part defined |
| 47-08-03 |
Materials of different owners united by labor of one ‑ Inseparable without inconvenience ‑ Common ownership |
| 47-08-04 |
Material of several owners ‑ Admixture without consent of the same ‑ Ownership ‑ Determination |
| 47-08-05 |
Thing made from another's materials |
| 47-08-06 |
Willful uniting material without consent ‑ Nonconsenting owner entitled to product ‑ Limitation |
| 47-08-07 |
Union of material ‑ Right to restitution or value by nonconsenting owner |
| 47-08-08 |
Damages ‑ Liability of person uniting materials of another |
Chapter 47-09 - Title by Transfer - General Provisions
| Section |
Section Name |
| 47-09-01 |
Transfer defined |
| 47-09-02 |
What may be transferred ‑ Exceptions |
| 47-09-03 |
Voluntary transfer defined ‑ Consideration unnecessary |
| 47-09-04 |
Transfer ‑ How made |
| 47-09-05 |
Names of transfers by writing |
| 47-09-06 |
Delivery of written transfer ‑ Requirement ‑ Presumption from execution |
| 47-09-07 |
Delivery must be absolute ‑ Conditional delivery ineffective, becomes absolute |
| 47-09-08 |
Delivery in escrow |
| 47-09-09 |
Constructive delivery |
| 47-09-10 |
Redelivery does not retransfer |
| 47-09-11 |
Interpretation of grants |
| 47-09-12 |
Interpretation of descriptive words |
| 47-09-13 |
Grant shall be interpreted in favor of grantee ‑ Exceptions |
| 47-09-14 |
Without issue defined |
| 47-09-15 |
Words of inheritance or succession unnecessary to fee |
| 47-09-16 |
Transfer vests actual title ‑ Thing includes incidents |
| 47-09-17 |
Present interest and benefit ‑ When taken |
| 47-09-18 |
Land transfers - Filing requirements |
Chapter 47-10 - Real Property Transfers
| Section |
Section Name |
| 47-10-01 |
Method of transfer |
| 47-10-02 |
Sale of realty ‑ Duty of seller |
| 47-10-02.1 |
Property disclosure ‑ Requirements ‑ Exceptions |
| 47-10-02.2 |
Disclosure of prior radon test ‑ Immunity from liability ‑ Definitions |
| 47-10-02.3 |
Required disclosures ‑ Seller to provide |
| 47-10-03 |
Agreement to give usual covenants on sale ‑ Duty imposed |
| 47-10-04 |
Form of covenants |
| 47-10-05 |
Grants ‑ Execution ‑ Witnesses sufficient ‑ Seal unnecessary |
| 47-10-05.1 |
Presumption of corporate authority of officers ‑ Application |
| 47-10-06 |
Form of grant |
| 47-10-07 |
Deed ‑ Execution ‑ Post‑office and street address of grantee a prerequisite |
| 47-10-08 |
Grant conclusive against whom |
| 47-10-09 |
Grant valid pro tanto |
| 47-10-10 |
Title to highway, street, alley, and public right of way ‑ Vacation |
| 47-10-11 |
Easements ‑ Pass by transfer of property to which attached |
| 47-10-12 |
Warranties ‑ Lineal and collateral abolished ‑ Exceptions |
| 47-10-13 |
Grant presumes fee simple title |
| 47-10-14 |
Grant takes effect on performance of condition |
| 47-10-15 |
After‑acquired title |
| 47-10-16 |
Reconveyance when estate defeated by nonperformance of condition subsequent |
| 47-10-17 |
Encumbrances defined |
| 47-10-18 |
Liability of grantor |
| 47-10-19 |
Covenants implied from use of word grant |
| 47-10-20 |
Attornment ‑ When unnecessary |
| 47-10-21 |
Reservation of coal limited to description |
| 47-10-22 |
Reservation without description ineffectual |
| 47-10-23 |
Transfer by grantor to the grantor and another in joint tenancy |
| 47-10-23.1 |
Nontestamentary transfer between spouses ‑ Presumption |
| 47-10-24 |
Description and definition of minerals in leases and conveyances (Retroactive application ‑ See note) |
| 47-10-25 |
Meaning of minerals in deed, grant, or conveyance of title to real property |
| 47-10-26 |
Authority of trustee |
| 47-10-27 |
Manufactured homes ‑ Affixation to real property ‑ Conveyance or encumbrance as real property |
| 47-10-28 |
Mobile home park ‑ Ownership ‑ Transfer of ownership ‑ Tenant rights ‑ Penalty |
Chapter 47-10.1 - Agricultural Land Ownership by Aliens
Chapter 47-10.2 - Escrow Accounts
| Section |
Section Name |
| 47-10.2-01 |
Definitions |
| 47-10.2-02 |
Notice of surplus escrow payments |
| 47-10.2-03 |
Refunding of surplus escrow payments |
| 47-10.2-04 |
Payments from escrow ‑ Notice ‑ Liability of lender or escrow agent |
| 47-10.2-05 |
Annual escrow account statement |
Chapter 47-11 - Personal Property Transfers
| Section |
Section Name |
| 47-11-01 |
Mode of transfer ‑ General provisions |
| 47-11-02 |
Interest in express trusts ‑ Operation of law or written instrument required |
| 47-11-03 |
When title passes |
| 47-11-04 |
Executory agreement |
| 47-11-05 |
Transfer by agent ‑ Legal effect ‑ Limitations |
| 47-11-06 |
Gift defined |
| 47-11-07 |
Gift ‑ Writing or delivery required |
| 47-11-08 |
Gift irrevocable ‑ Exception |
| 47-11-09 |
Gift in view of death defined |
| 47-11-10 |
Gift in view of death ‑ Presumption |
| 47-11-11 |
Gift in view of death ‑ Revocable ‑ Rights of bona fide purchaser |
| 47-11-12 |
Gift in view of death ‑ Effect of will |
| 47-11-13 |
Gift in view of death ‑ Legacy as to creditors |
| 47-11-14 |
Transfer of personal property by grantor to grantor and others in joint tenancy |
| 47-11-15 |
Validation of transfers of personal property by grantor to grantor and others in joint tenancy |
| 47-11-16 |
Nontestamentary transfer between spouses ‑ Presumption |
Chapter 47-11.1 - Uniform Disclaimer Under Nontestamentary Instruments Act [Repealed]
Chapter 47-12 - Loans of Personal Property for Use
| Section |
Section Name |
| 47-12-01 |
Loan for use defined |
| 47-12-02 |
Degree of care to be exercised by borrower |
| 47-12-03 |
Degree of skill to be exercised by borrower |
| 47-12-04 |
Humane treatment of animals |
| 47-12-05 |
Retention of title and increase by lender |
| 47-12-06 |
Use by borrower limited to anticipated purposes |
| 47-12-07 |
Lender's consent necessary in a third‑party transaction |
| 47-12-08 |
Expenses in connection with borrowed personal property to be borne by borrower ‑ Exception |
| 47-12-09 |
Lender to indemnify borrower for damages caused by concealed defects |
| 47-12-10 |
Reparation of personal property by borrower |
| 47-12-11 |
Return of property on demand of lender |
| 47-12-12 |
Time for return of personal property to lender |
Chapter 47-13 - Loans of Personal Property for Exchange
| Section |
Section Name |
| 47-13-01 |
Loan for exchange defined |
| 47-13-02 |
Loan for use or for exchange subject to provisions of chapter |
| 47-13-03 |
Title transferred to borrower |
| 47-13-04 |
Lender may not require change in obligations |
| 47-13-05 |
Indemnity to borrower for concealed defects |
| 47-13-06 |
Time and place for return of personal property to lender |
Chapter 47-14 - Loans of Money
| Section |
Section Name |
| 47-14-01 |
Loan of money defined |
| 47-14-02 |
Repayment in current funds |
| 47-14-03 |
Loan presumes interest |
| 47-14-04 |
Interest defined |
| 47-14-05 |
Legal rate of interest ‑ Interest after maturity |
| 47-14-06 |
Annual rate when not specified |
| 47-14-07 |
Interest rate ‑ Before and after breach |
| 47-14-08 |
Interest on loans may be deducted in advance ‑ Limitation |
| 47-14-09 |
Usury ‑ Definition ‑ Maximum contract rate ‑ Prohibition ‑ Exclusions |
| 47-14-10 |
Civil liability for usury ‑ Forfeiture of interest |
| 47-14-11 |
Criminal penalty for usury |
Chapter 47-15 - Hiring of Personal Property
Chapter 47-15.1 - Consumer Rental Purchase Agreement
| Section |
Section Name |
| 47-15.1-01 |
Definitions |
| 47-15.1-02 |
Inapplicability of other laws |
| 47-15.1-03 |
Disclosure of information |
| 47-15.1-04 |
Prohibited provisions and agreements |
| 47-15.1-05 |
Reinstatement of agreement ‑ Repossession |
| 47-15.1-06 |
Renegotiation for new agreement ‑ Extensions |
| 47-15.1-07 |
Advertisement of consumer rental purchase agreement |
| 47-15.1-08 |
Penalties ‑ Remedies ‑ Lessor to preserve evidence |
Chapter 47-16 - Leasing of Real Property
| Section |
Section Name |
| 47-16-01 |
Leasing of real property ‑ Definition |
| 47-16-02 |
Limitations on leases |
| 47-16-02.1 |
Rent controls ‑ Prohibited |
| 47-16-03 |
Filing farm lease containing reservation of title to crop ‑ Waiver of rights on failure to file |
| 47-16-04 |
Products during lease belong to lessee ‑ Exception |
| 47-16-05 |
Lease of realty presumed for one year |
| 47-16-06 |
When a lease is presumed renewed |
| 47-16-06.1 |
Automatic renewal of leases of residential real property ‑ When notice required |
| 47-16-07 |
Leases ‑ Notice by landlord to change terms ‑ When effective |
| 47-16-07.1 |
Real property and dwelling security deposits ‑ Limitations and requirements |
| 47-16-07.2 |
Statement detailing condition of premises to accompany rental agreement |
| 47-16-07.3 |
When landlord may enter apartment |
| 47-16-07.4 |
Fraudulent misrepresentations ‑ Receipt of security deposit |
| 47-16-07.5 |
Disability documentation for service or assistance animal in rental dwelling |
| 47-16-07.6 |
Service animals ‑ Housing ‑ Penalties for furnishing fraudulent disability documentation |
| 47-16-08 |
Quiet possession of leased property |
| 47-16-09 |
Ordinary care must be exercised by lessee |
| 47-16-10 |
Injuries to real property ‑ Must be repaired by lessee |
| 47-16-11 |
Use of real property for purpose leased ‑ Violation |
| 47-16-12 |
Obligations of lessor to repair dwelling |
| 47-16-13 |
When lessee may repair or vacate premises |
| 47-16-13.1 |
Landlord obligations ‑ Maintenance of premises |
| 47-16-13.2 |
Tenant obligations ‑ Maintenance of dwelling unit |
| 47-16-13.3 |
Unconscionability |
| 47-16-13.4 |
Remedy after termination |
| 47-16-13.5 |
Mitigation of damages |
| 47-16-13.6 |
Enforcement of sections 47‑16‑13.1 through 47‑16‑13.6 |
| 47-16-13.7 |
Eviction ‑ Lessee liable for rent during term of lease |
| 47-16-14 |
When a lease of real property terminates |
| 47-16-15 |
Notice of termination of lease |
| 47-16-16 |
When lessor may terminate lease |
| 47-16-17 |
When lessee may terminate lease |
| 47-16-17.1 |
Termination due to domestic abuse |
| 47-16-18 |
When lease of real property is terminated by death |
| 47-16-19 |
Term of lease governed by manner of payment of rent |
| 47-16-20 |
Rents ‑ When payable |
| 47-16-20.1 |
Fee for accepting check or other instrument of payment prohibited |
| 47-16-21 |
When proportionate part of lease paid by lessee |
| 47-16-22 |
Rent due upon lease for life ‑ Recovery |
| 47-16-23 |
Rent dependent on life of person ‑ Collection after death |
| 47-16-24 |
Lessee must give written notice before removal of property from premises |
| 47-16-25 |
Notice of adverse proceedings to landlord |
| 47-16-26 |
Double letting of room prohibited |
| 47-16-27 |
Right of tenant |
| 47-16-28 |
Succession to rights in real property or rent transfers |
| 47-16-29 |
Remedies against assignees of lessor |
| 47-16-30 |
Remedies against assignees of lessee |
| 47-16-30.1 |
Abandoned property ‑ Disposal by lessor |
| 47-16-31 |
Gas and oil lease cancellation ‑ When owner makes application |
| 47-16-32 |
Application for cancellation of gas and oil lease ‑ Contents |
| 47-16-33 |
Notice of cancellation issued by recorder upon filing application |
| 47-16-34 |
Appearance in district court ‑ Lessee or assignee |
| 47-16-35 |
No appearance in district court ‑ Lessee or assignee |
| 47-16-36 |
Duty of lessee to have terminated or forfeited lease released ‑ Publication notice ‑ Satisfaction of lease to be recorded ‑ Notice to real property owner ‑ Remedies |
| 47-16-37 |
Action to obtain release ‑ Damages, costs, and attorney's fees ‑ Attachment |
| 47-16-38 |
Surrender of lease by lessee |
| 47-16-39 |
Record of surrender |
| 47-16-39.1 |
Obligation to pay royalties ‑ Breach |
| 47-16-39.2 |
Inspection of production and royalty payment records ‑ Penalty |
| 47-16-39.3 |
Division orders ‑ Definition, function, and operation |
| 47-16-39.4 |
Resolution of spacing unit ownership interest disputes |
| 47-16-40 |
Record of lease as notice for definite term ‑ Extension upon contingency ‑ Affidavit |
| 47-16-41 |
Demand for release before bringing action ‑ Evidence |
| 47-16-42 |
Wind energy leases ‑ Termination |
Chapter 47-17 - Termination of Estates
| Section |
Section Name |
| 47-17-01 |
Month's notice terminates estate at will |
| 47-17-02 |
Notice to terminate estate at will ‑ Form ‑ Service |
| 47-17-03 |
Re-entry or action for possession |
| 47-17-04 |
Three days' notice sufficient for re-entry |
| 47-17-05 |
Action for possession ‑ Re-entry reserved ‑ No notice required |
Chapter 47-18 - Homestead
| Section |
Section Name |
| 47-18-01 |
Homestead exemption ‑ Area and value |
| 47-18-02 |
Head of family defined |
| 47-18-03 |
Selection of homestead exemption |
| 47-18-04 |
When homestead subject to execution |
| 47-18-05 |
Homestead ‑ How conveyed |
| 47-18-05.1 |
Waiver of homestead exemption ‑ Notice required ‑ Exemption for platted property |
| 47-18-06 |
Homestead ‑ When appraised |
| 47-18-07 |
Application for appraisers |
| 47-18-08 |
Petition for appraisal ‑ When filed |
| 47-18-09 |
Appointment of appraisers |
| 47-18-10 |
Duties of appraisers |
| 47-18-11 |
Appraisers' report to judge of district court |
| 47-18-12 |
Division of homestead |
| 47-18-13 |
Sale of homestead |
| 47-18-14 |
Proceeds of sale exempt ‑ Disposition |
| 47-18-15 |
Fees of appraisers |
| 47-18-16 |
Proceeds of sale exempt |
| 47-18-17 |
Who may make declaration of homestead |
| 47-18-18 |
Declaration of homestead ‑ How executed and acknowledged |
| 47-18-19 |
Contents of declaration of homestead |
| 47-18-20 |
Recording of declaration of homestead |
| 47-18-21 |
Effect of sale of homestead |
| 47-18-22 |
Conveyance in case of mental illness |
| 47-18-23 |
Requisites of a petition in case of mental illness |
| 47-18-24 |
Notice of application to convey homestead in case of mental illness ‑ Service |
| 47-18-25 |
Order of sale or mortgage recorded with recorder |
| 47-18-26 |
Sale of homestead ‑ Court may direct disposition of funds |
| 47-18-27 |
Conveyance of homestead when spouse is mentally ill ‑ Validity |
| 47-18-28 |
Appeal from order to district court |
| 47-18-29 |
Homestead may be devised subject to homestead estate |
Chapter 47-19 - Record Title
| Section |
Section Name |
| 47-19-01 |
Instruments entitled to record |
| 47-19-02 |
Instruments entitled to record without acknowledgment |
| 47-19-03 |
Prerequisites to recording instruments |
| 47-19-03.1 |
Deeds and contracts for deeds to include name and address of drafter of legal description |
| 47-19-04 |
Recording of transfers by mortgage |
| 47-19-05 |
Recording of deed ‑ Post‑office and street address of grantee must be shown |
| 47-19-06 |
Death certificates ‑ Joint tenant ‑ Prima facie evidence of termination of estate held |
| 47-19-07 |
Place for recording instruments ‑ Fee endorsed |
| 47-19-08 |
When instrument is deemed recorded |
| 47-19-09 |
Recording instruments in unorganized counties |
| 47-19-10 |
Separate records for grants and mortgages |
| 47-19-11 |
Chain of title ‑ Variations in spelling ‑ Affidavit to cure |
| 47-19-12 |
Affidavit entitled to record |
| 47-19-13 |
Acknowledgment and proof ‑ Persons authorized to make ‑ Statewide jurisdiction |
| 47-19-14 |
Acknowledgment and proof ‑ Limited to district of officer |
| 47-19-14.1 |
Recognition of notarial acts |
| 47-19-14.2 |
Authentication of authority of officer |
| 47-19-14.3 |
Certificate of person taking acknowledgment |
| 47-19-14.4 |
Recognition of certificate of acknowledgment |
| 47-19-14.5 |
Certificate of acknowledgment |
| 47-19-14.6 |
Short forms of acknowledgment |
| 47-19-14.7 |
Prior acknowledgments not affected |
| 47-19-14.8 |
Short title |
| 47-19-15 |
Acknowledgment and proof without state but within United States ‑ Officers qualified |
| 47-19-16 |
Acknowledgment and proof ‑ Without the United States ‑ Officers qualified |
| 47-19-17 |
Acknowledgment and proof before commissioned officer of armed forces ‑ Conditions |
| 47-19-17.1 |
Persons authorized to administer oaths and take acknowledgments |
| 47-19-17.2 |
Validating certain oaths and acknowledgments |
| 47-19-18 |
Deputies may take acknowledgments |
| 47-19-19 |
Effect of recording |
| 47-19-20 |
Identity of person acknowledging ‑ Proof required |
| 47-19-21 |
Proof of an unacknowledged instrument ‑ Method |
| 47-19-22 |
Knowledge required by officer of subscribing witness in taking proof |
| 47-19-23 |
Proof by handwriting ‑ When received ‑ Requirements |
| 47-19-24 |
Proof by handwriting ‑ Facts required |
| 47-19-25 |
Certificate of proof ‑ Contents |
| 47-19-26 |
Certificate of acknowledgment ‑ Forms |
| 47-19-27 |
General certificate of acknowledgment |
| 47-19-28 |
Certificate of acknowledgment executed by a corporation |
| 47-19-28.1 |
Certificate of acknowledgment executed by a limited liability company |
| 47-19-29 |
Certificate of acknowledgment by an attorney in fact |
| 47-19-30 |
Certificate of acknowledgment by deputy sheriff |
| 47-19-31 |
Certificate of acknowledgment before commissioned officer of armed forces |
| 47-19-32 |
Certification of acknowledgments or proof of instruments ‑ Officer's certificate ‑ How authenticated |
| 47-19-33 |
Prohibition on self‑interested individuals from proving documents |
| 47-19-34 |
Proof and acknowledgment of instruments as to corporations and limited liability companies |
| 47-19-35 |
Persons authorized to take acknowledgments and affidavits |
| 47-19-36 |
Authority of officers in taking proof |
| 47-19-37 |
Acknowledgment before county judge ‑ Certificate of clerk of court |
| 47-19-38 |
Action to correct certificate of acknowledgment |
| 47-19-39 |
Action to prove certificate of acknowledgment |
| 47-19-40 |
What entitles judgment to record |
| 47-19-41 |
Effect of not recording ‑ Priority of first record ‑ Constructive notice ‑ Limitation and validation |
| 47-19-42 |
Conveyance defined |
| 47-19-42.1 |
Validity of conveyance by trust or estate |
| 47-19-43 |
Purchaser defined |
| 47-19-44 |
Requisites of instrument to revoke power to convey |
| 47-19-45 |
Record ‑ Constructive notice of execution ‑ Instruments recorded admissible in evidence without further proof |
| 47-19-46 |
Unrecorded instrument valid between parties ‑ Knowledge of instruments out of chain of title |
| 47-19-47 |
Registration of farm names authorized ‑ Certificate |
| 47-19-48 |
Transfer of farm may include registered name |
| 47-19-49 |
Cancellation of registered name |
| 47-19-50 |
Filing bill of sale ‑ Prerequisites |
| 47-19-51 |
Filing of bill of sale or other instrument ‑ Notice |
| 47-19-52 |
Bill of sale ‑ Release ‑ Cancellation by recorder |
| 47-19-53 |
Recording petition, decree of adjudication, or order approving trustee's bond in bankruptcy proceeding |
| 47-19-54 |
Sale of real property by contract for deed ‑ Effect on joint tenants |
| 47-19-55 |
Authority of North Dakota notaries in other states |
| 47-19-56 |
Corporate change noted in assignment, satisfaction, or release |
| 47-19-57 |
Authority of mortgagee designated as nominee or agent ‑ Retroactive application |
Chapter 47-19.1 - Marketable Record Title
Chapter 47-20 - Landmarks [Repealed]
Chapter 47-20.1 - Survey and Corner Recordation Act
Chapter 47-20.2 - Plane Coordinates
| Section |
Section Name |
| 47-20.2-01 |
North Dakota coordinate system zones defined |
| 47-20.2-02 |
North Dakota coordinate system names defined |
| 47-20.2-03 |
North Dakota coordinate system defined |
| 47-20.2-04 |
Federal and state coordinate description same tract ‑ Federal precedence |
| 47-20.2-05 |
North Dakota coordinate system origins defined |
| 47-20.2-06 |
North Dakota coordinate system ‑ Use of term |
| 47-20.2-07 |
Use of the term North Dakota coordinate system ‑ Limitation |
| 47-20.2-08 |
Federal and state coordinates describing same tracts ‑ Federal precedence |
| 47-20.2-09 |
Reliance on description of North Dakota coordinate system |
Chapter 47-21 - Copyrights
| Section |
Section Name |
| 47-21-01 |
Definitions |
| 47-21-02 |
Music or dramatico‑musical compositions ‑ Disposing of performing rights ‑ Prerequisites |
| 47-21-03 |
Copies of performing rights ‑ To be secured from state treasurer |
| 47-21-04 |
Owners combining to issue blanket license for public performance ‑ Legality |
| 47-21-05 |
Blanket license ‑ File copy and affidavit with state treasurer |
| 47-21-06 |
Service of process on state treasurer ‑ Authorization by owner of performing rights |
| 47-21-07 |
Persons entitled to maintain action ‑ Evidence admissible |
| 47-21-08 |
Tax levied on selling and licensing performing rights of music or dramatico‑musical compositions ‑ Payable to state tax commissioner |
| 47-21-08.1 |
Administration |
| 47-21-09 |
Public performance of composition for profit ‑ Consent of owner necessary |
| 47-21-10 |
Obligation of contract or license ‑ Impairment |
| 47-21-11 |
Copyrights ‑ Violation of provisions ‑ Penalty |
Chapter 47-21.1 - Sound Recordings
Chapter 47-21.2 - Royalties Contracts
Chapter 47-22 - Trademarks
Chapter 47-23 - Trademarks - State Laboratories Department [Repealed]
Chapter 47-24 - North Dakota Uniform Gifts to Minors Act [Repealed]
Chapter 47-24.1 - Uniform Transfers to Minors Act
Chapter 47-25 - Trade Names
| Section |
Section Name |
| 47-25-01 |
Trade name defined ‑ Registration |
| 47-25-02 |
Trade name ‑ Registration ‑ Statement ‑ Contents |
| 47-25-02.1 |
Electronic filing of trade name registration |
| 47-25-03 |
Trade name ‑ Nature |
| 47-25-03.1 |
Certain use of trade names by franchisees restricted |
| 47-25-04 |
Trade names ‑ Registration ‑ Fees ‑ Renewal ‑ Notice |
| 47-25-05 |
Certificate of registration |
| 47-25-06 |
Assignment |
| 47-25-06.1 |
Change of name or address of registrant ‑ Other amendments |
| 47-25-07 |
Cancellation |
| 47-25-08 |
Secretary of state ‑ Exempt records |
Chapter 47-25.1 - Trade Secrets
Chapter 47-26 - Partition Fences
| Section |
Section Name |
| 47-26-01 |
Definition of legal fence |
| 47-26-02 |
Fence viewers |
| 47-26-03 |
Fence viewers taken from each township when a fence is on line between two townships |
| 47-26-04 |
Fees of fence viewers |
| 47-26-05 |
Partition fences ‑ Maintained by occupants and owners of land ‑ Partition fence exceeding legal fence |
| 47-26-06 |
Fences to be kept in repair throughout the year |
| 47-26-07 |
Fence viewers may order partition fence maintained |
| 47-26-08 |
Person rebuilding or repairing fence may recover expenses |
| 47-26-09 |
Fence viewers to settle controversy as to rights in fence and duty to maintain |
| 47-26-10 |
Party erecting all or more than just share of partition fence may recover |
| 47-26-11 |
Application to fence viewers to settle controversy when land is bounded by river or pond |
| 47-26-12 |
Determination of fence viewers when land bounded by water ‑ Notice ‑ Liability of delinquent party |
| 47-26-13 |
Partition fence erected in body of water erected in equal shares |
| 47-26-14 |
Fencing of lands owned by different persons in severalty but occupied in common |
| 47-26-15 |
When partition fence removable |
| 47-26-16 |
Owner of unenclosed lands to pay value of fence when land is enclosed |
| 47-26-17 |
If owner determines not to fence land, notice to adjacent landowners ‑ Removal of partition fence |
| 47-26-18 |
Division of fences valid against parties to agreement and their heirs and assigns |
| 47-26-19 |
Fence viewers neglecting to perform duty ‑ Penalty |
| 47-26-20 |
Duty to maintain partition fence when lands enclosed for pasturage or grazing |
Chapter 47-27 - Closing Fence Gates
| Section |
Section Name |
| 47-27-01 |
Fence gates to be closed |
| 47-27-02 |
Private road not changed to public road |
| 47-27-03 |
Violations ‑ Penalty |
Chapter 47-28 - Patents by Institutions of Higher Learning [Repealed]
Chapter 47-29 - Recording Master Mortgage
| Section |
Section Name |
| 47-29-01 |
Recording master form |
| 47-29-02 |
Indexing |
| 47-29-03 |
Incorporating master form |
| 47-29-04 |
Recording instrument incorporating master forms |
Chapter 47-30 - Abandoned and Unclaimed Property [Repealed]
Chapter 47-30.1 - Uniform Unclaimed Property Act [Repealed]
Chapter 47-30.2 - Revised Uniform Unclaimed Property Act
| Section |
Section Name |
| 47-30.2-01 |
(102) Definitions |
| 47-30.2-02 |
(103) Inapplicability to foreign transaction |
| 47-30.2-03 |
(104) Rulemaking |
| 47-30.2-04 |
(201) When property presumed abandoned |
| 47-30.2-05 |
(202) When tax‑deferred or tax‑exempt retirement account presumed abandoned |
| 47-30.2-06 |
(203) When other tax‑deferred or tax‑exempt account presumed abandoned |
| 47-30.2-07 |
(204) When custodial account for minor presumed abandoned |
| 47-30.2-08 |
(205) When contents of safe deposit box presumed abandoned |
| 47-30.2-09 |
(206) When stored‑value card presumed abandoned |
| 47-30.2-10 |
(208) When security presumed abandoned |
| 47-30.2-11 |
(209) When related property presumed abandoned |
| 47-30.2-12 |
(210) Indication of apparent owner interest in property |
| 47-30.2-13 |
(211) Knowledge of death of insured or annuitant |
| 47-30.2-14 |
(212) Deposit account for proceeds of insurance policy or annuity contract |
| 47-30.2-15 |
(301) Address of apparent owner to establish priority |
| 47-30.2-16 |
(302) Address of apparent owner in this state |
| 47-30.2-17 |
(303) If records show multiple addresses of apparent owner |
| 47-30.2-18 |
(304) Holder domiciled in this state |
| 47-30.2-19 |
(305) Custody if transaction took place in this state |
| 47-30.2-20 |
(306) Traveler's check, money order, or similar instrument |
| 47-30.2-21 |
(401) Report required by holder |
| 47-30.2-22 |
(402) Content of report |
| 47-30.2-23 |
(403) When report to be filed |
| 47-30.2-24 |
(404) Retention of records by holder |
| 47-30.2-25 |
(405) Property reportable and payable or deliverable absent owner demand |
| 47-30.2-26 |
(501) Notice to apparent owner by holder |
| 47-30.2-27 |
(502) Contents of notice by holder |
| 47-30.2-28 |
(503) Notice by administrator |
| 47-30.2-29 |
(504) Cooperation among state officers and agencies to locate apparent owner |
| 47-30.2-30 |
(601) Definition of good faith |
| 47-30.2-31 |
(602) Dormancy charge |
| 47-30.2-32 |
(603) Payment or delivery of property to administrator |
| 47-30.2-33 |
(604) Effect of payment or delivery of property to administrator |
| 47-30.2-34 |
(605) Recovery of property by holder from administrator |
| 47-30.2-35 |
(606) Property removed from safe deposit box |
| 47-30.2-36 |
(607) Crediting income or gain to owner's account |
| 47-30.2-37 |
(608) Administrator's option as to custody |
| 47-30.2-38 |
(609) Disposition of property having no substantial value ‑ Immunity from liability |
| 47-30.2-39 |
(610) Periods of limitation and repose |
| 47-30.2-40 |
(701) Public sale of property |
| 47-30.2-41 |
(702) Disposal of securities |
| 47-30.2-42 |
(704) Purchaser owns property after sale |
| 47-30.2-43 |
(705) Military medal or decoration |
| 47-30.2-44 |
(801) Deposit of funds by administrator |
| 47-30.2-45 |
(802) Administrator to retain records of property |
| 47-30.2-46 |
Deposit of funds ‑ Continuing appropriation |
| 47-30.2-47 |
(804) Administrator holds property as custodian for owner |
| 47-30.2-48 |
(901) Claim of another state to recover property |
| 47-30.2-49 |
(902) When property subject to recovery by another state |
| 47-30.2-50 |
(903) Claim for property by person claiming to be owner |
| 47-30.2-51 |
(904) When administrator shall honor claim for property |
| 47-30.2-52 |
(905) Allowance of claim for property |
| 47-30.2-53 |
(906) Action by person whose claim is denied |
| 47-30.2-54 |
(1001) Verified report of property |
| 47-30.2-55 |
(1002) Examination of records to determine compliance |
| 47-30.2-56 |
(1003) Rules for conducting examination |
| 47-30.2-57 |
(1004) Records obtained in examination |
| 47-30.2-58 |
(1005) Evidence of unpaid debt or undischarged obligation |
| 47-30.2-59 |
(1006) Failure of person examined to retain records |
| 47-30.2-60 |
(1007) Report to person whose records were examined |
| 47-30.2-61 |
(1008) Informal conference during examination |
| 47-30.2-62 |
(1012) Determination of liability for unreported reportable property |
| 47-30.2-63 |
(1202) Interstate and international agreement ‑ Cooperation |
| 47-30.2-64 |
(1203) Action involving another state or foreign country |
| 47-30.2-65 |
(1204) Interest and penalty for failure to act in timely manner |
| 47-30.2-66 |
(1205) Other civil penalties |
| 47-30.2-67 |
Waiver of interest and penalty |
| 47-30.2-68 |
(1301) When agreement to locate property enforceable |
| 47-30.2-69 |
(1302) When agreement to locate property void |
| 47-30.2-70 |
(1303) Right of agent of apparent owner to recover property held by administrator |
| 47-30.2-71 |
(1405) No confidential information in notice |
| 47-30.2-72 |
(1406) Security of information |
| 47-30.2-73 |
(1407) Security breach |
| 47-30.2-74 |
(1503) Transitional provision ‑ Effect of new provisions ‑ Clarification of application |
| 47-30.2-75 |
Enforcement ‑ Appeals |
Chapter 47-31 - Subsurface Pore Space Policy
| Section |
Section Name |
| 47-31-01 |
Policy |
| 47-31-02 |
Pore space defined |
| 47-31-03 |
Title to pore space |
| 47-31-04 |
Conveyance of real property conveys pore space |
| 47-31-05 |
Severing pore space prohibited |
| 47-31-06 |
Transactions allowed |
| 47-31-07 |
Application |
| 47-31-08 |
Mineral and pore space estates ‑ Relationship |
| 47-31-09 |
Injection of substances to facilitate production of oil, gas, or other minerals |
Chapter 47-32 - Eviction
| Section |
Section Name |
| 47-32-01 |
When eviction maintainable |
| 47-32-01.1 |
Defense to an eviction from a mobile home park |
| 47-32-02 |
Appearance ‑ Notice of intention to evict ‑ When required ‑ When and how served |
| 47-32-03 |
Legal representatives may bring eviction actions |
| 47-32-04 |
Eviction actions not joinable with other actions ‑ Exception ‑ When counterclaims only interposable |
| 47-32-05 |
Sealing of records ‑ Nonpayment of rent ‑ Damage to property ‑ Victim of domestic violence |
Chapter 47-33 - Private Transfer Fee Obligation Prohibition
| Section |
Section Name |
| 47-33-01 |
Definitions |
| 47-33-02 |
Prohibition on private transfer fee obligation |
| 47-33-03 |
Liability for violation |
| 47-33-04 |
Disclosure |
| 47-33-05 |
Notice requirements for existing transfer fee obligations |
Chapter 47-34 - Real Estate Transaction Good Funds
Chapter 47-35 - Security Interest in Rents
| Section |
Section Name |
| 47-35-01 |
Security interest in rents |
| 47-35-02 |
Cash proceeds - Priority |
| 47-35-03 |
Perfection of security interest in rents |
| 47-35-04 |
Enforcement of security interest in rents |
| 47-35-05 |
Application to existing relationships |
Chapter 47-36 - Uniform Fiduciary Access to Digital Assets Act
| Section |
Section Name |
| 47-36-01 |
Definitions |
| 47-36-02 |
Applicability |
| 47-36-03 |
User direction for disclosure of digital assets |
| 47-36-04 |
Terms‑of‑service agreement |
| 47-36-05 |
Procedure for disclosing digital assets |
| 47-36-06 |
Disclosure of content of electronic communications of deceased user |
| 47-36-07 |
Disclosure of other digital assets of deceased user |
| 47-36-08 |
Disclosure of content of electronic communications of principal |
| 47-36-09 |
Disclosure of other digital assets of principal |
| 47-36-10 |
Disclosure of digital assets held in trust when trustee is original user |
| 47-36-11 |
Disclosure of contents of electronic communications held in trust when trustee not original user |
| 47-36-12 |
Disclosure of other digital assets held in trust when trustee not original user |
| 47-36-13 |
Disclosure of digital assets to conservator or guardian of protected person |
| 47-36-14 |
Fiduciary duty and authority |
| 47-36-15 |
Custodian compliance and immunity |
| 47-36-16 |
Uniformity of application and construction |
| 47-36-17 |
Relation to Electronic Signatures in Global and National Commerce Act |
Chapter 47-37 - Uniform Environmental Covenants Act
| Section |
Section Name |
| 47-37-01 |
Definitions |
| 47-37-02 |
Nature of rights - Subordination of interests |
| 47-37-03 |
Contents of environmental covenant |
| 47-37-04 |
Validity - Effect on other instruments |
| 47-37-05 |
Relationship to other land‑use law |
| 47-37-06 |
Notice |
| 47-37-07 |
Recording |
| 47-37-08 |
Duration - Amendment by court action |
| 47-37-09 |
Amendment or termination by consent |
| 47-37-10 |
Enforcement of environmental covenant |
| 47-37-11 |
Registry - Substitute notice |
| 47-37-12 |
Relation to Electronic Signatures in Global and National Commerce Act |
Chapter 47-38 - Residential Real Estate Service Agreements
| Section |
Section Name |
| 47-38-01 |
Definitions |
| 47-38-02 |
Unfair service agreements ‑ Prohibition |
| 47-38-03 |
Actions to terminate service agreements for unfairness ‑ Unfair agreements void and unenforceable ‑ Recording of court order |
| 47-38-04 |
Actual damages ‑ Costs and attorney's fees |
Title 48 - Public Buildings
Chapter 48-01 - Contractors' Bonds and Insurance [Repealed]
Chapter 48-01.1 - Public Improvement Contract Bids [Repealed]
Chapter 48-01.2 - Public Improvement Bids and Contracts
| Section |
Section Name |
| 48-01.2-01 |
Definitions |
| 48-01.2-02 |
Plans and specifications for a public improvement contract |
| 48-01.2-02.1 |
Public improvement construction threshold |
| 48-01.2-03 |
Specified brands, marks, names, or patented articles may not be specified |
| 48-01.2-04 |
Publication of advertisement for bids ‑ Emergency exception |
| 48-01.2-05 |
Contents of advertisement |
| 48-01.2-06 |
Bid requirements for public improvements |
| 48-01.2-07 |
Opening of bids ‑ Award of contract |
| 48-01.2-08 |
Officers must not be interested in contract |
| 48-01.2-09 |
Contract with successful bidder |
| 48-01.2-10 |
Bonds from contractors for public improvements |
| 48-01.2-11 |
Claim for public improvement ‑ Suit on contractor's bond |
| 48-01.2-12 |
Claims ‑ When barred as liens against contractor and surety |
| 48-01.2-13 |
Payments |
| 48-01.2-14 |
Late payment ‑ Rate of interest |
| 48-01.2-15 |
Appropriations may not be diverted |
| 48-01.2-16 |
Architects, landscape architects, and engineers ‑ Duties |
| 48-01.2-17 |
Coordination of work under multiple prime bids |
| 48-01.2-18 |
Construction management ‑ Governing body determinations |
| 48-01.2-19 |
Agency construction management procurement procedures ‑ Contract |
| 48-01.2-20 |
Selection process for construction management at‑risk planning and design phase services |
| 48-01.2-21 |
Selection process for construction management at‑risk services ‑ Construction services |
| 48-01.2-22 |
Subcontractor bids |
| 48-01.2-23 |
Bond required |
| 48-01.2-24 |
Public buildings and facilities ‑ Statement of compliance with accessibility guidelines |
| 48-01.2-25 |
Authorization of expansion of public improvements by legislative assembly or budget section |
Chapter 48-02 - Construction [Repealed]
Chapter 48-02.1 - Infrastructure Development by Private Operators
Chapter 48-03 - Depreciation and Interest
| Section |
Section Name |
| 48-03-01 |
Public expenditures in public buildings not interest bearing |
| 48-03-02 |
Auditors prohibited from setting up interest charges in audit where no interest charged on public buildings |
| 48-03-03 |
Discrimination as to interest on public buildings prohibited |
| 48-03-04 |
Depreciation on public buildings or other structures ‑ How computed |
Chapter 48-04 - Joint Ownership
| Section |
Section Name |
| 48-04-01 |
Joint ownership and use of public buildings and grounds ‑ Townships ‑ Cities ‑ Special elections |
| 48-04-02 |
Joint custody and control of public buildings and grounds |
| 48-04-03 |
Incurring indebtedness for payment of public buildings and grounds |
| 48-04-04 |
Meetings ‑ Held in public buildings |
Chapter 48-05 - General Regulations
| Section |
Section Name |
| 48-05-01 |
Flags displayed on public institutions |
| 48-05-01.1 |
Display of prisoner of war and missing in action flag ‑ State capitol grounds |
| 48-05-02 |
Public institutions to use native fuel products |
| 48-05-02.1 |
Purchase of coal by the state and political subdivisions |
| 48-05-03 |
Publishing proposals for fuel products in newspaper ‑ Standard contract grade |
| 48-05-04 |
Penalty for failure to use native fuel in public buildings |
| 48-05-05 |
Public buildings and parks ‑ Opening for public meetings ‑ Penalty for violation |
| 48-05-06 |
Alcoholic beverages and drugs in charitable institutions prohibited ‑ Penalty |
| 48-05-07 |
Authority to designate areas for smoking or nonsmoking of tobacco products in publicly owned buildings |
| 48-05-08 |
Penalty |
| 48-05-09 |
Definitions |
| 48-05-10 |
Energy conservation measure recommendations |
| 48-05-11 |
Guaranteed energy savings contracts |
| 48-05-12 |
Competitive bidding and architect and engineering services |
| 48-05-13 |
Appropriations for contract payments |
Chapter 48-06 - Capitol Central Mailing Bureau
| Section |
Section Name |
| 48-06-01 |
Establishment ‑ Rules and regulations |
| 48-06-02 |
Capitol building departments ‑ Compliance with regulations of mailing department |
| 48-06-03 |
Departments exempt from using central mailing bureau |
| 48-06-04 |
Purchasing supplies ‑ Employing mail clerks ‑ Office of management and budget |
| 48-06-05 |
Official stamp on all mail |
| 48-06-06 |
Office of management and budget postage revolving fund |
| 48-06-07 |
Voucher for postage used ‑ Presented to departments by mailing clerk |
Chapter 48-07 - Capitol Telephone Exchange [Repealed]
Chapter 48-08 - Restrictions on Use of Public Buildings
| Section |
Section Name |
| 48-08-01 |
Rental of hall and provision of funds by taxation |
| 48-08-02 |
May pay rental out of other funds until tax available |
| 48-08-02.1 |
Designation of memorial hall |
| 48-08-03 |
Media room in state capitol |
| 48-08-04 |
Use of legislative assembly rooms and halls |
| 48-08-05 |
Federal agencies charged for light, heat, and janitor service |
| 48-08-06 |
Lease of public buildings ‑ Authorized |
| 48-08-07 |
Lease of public buildings ‑ Terms |
| 48-08-08 |
State, county, or local municipal buildings ‑ Space for disaster activities |
Chapter 48-09 - Concessions
| Section |
Section Name |
| 48-09-01 |
Granting of concessions for cafes, restaurants, and confectioneries on public buildings and grounds |
| 48-09-02 |
Concession advertised in legal newspaper |
| 48-09-03 |
Security required of successful bidder |
| 48-09-04 |
Rules and regulations ‑ Cancellation of contract |
| 48-09-05 |
Penalty |
Chapter 48-10 - Capitol Grounds Planning Commission
| Section |
Section Name |
| 48-10-01 |
Capitol grounds planning commission |
| 48-10-02 |
Capitol building fund to be administered by the capitol grounds planning commission ‑ Continuing appropriation ‑ Procedure for expenditure of certain funds |
| 48-10-03 |
Powers and duties of the commission ‑ Authority to accept gifts ‑ Continuing appropriation |
Chapter 48-11 - Capitol Arts and Historic Preservation Advisory Committee [Repealed]
Chapter 48-12 - Competition in Governmental Construction Contracts
| Section |
Section Name |
| 48-12-01 |
Definitions |
| 48-12-02 |
Prohibited labor organization terms in construction contract clauses |
| 48-12-03 |
Prohibited labor organization terms in a grant, tax abatement, and tax credit |
| 48-12-04 |
Exemptions |
| 48-12-05 |
Limitations |
Title 49 - Public Utilities
Chapter 49-01 - Public Service Commission
| Section |
Section Name |
| 49-01-01 |
Definitions |
| 49-01-01.1 |
Public service commission program fund - Transfer to general fund |
| 49-01-02 |
Public service commission ‑ How constituted |
| 49-01-03 |
Oath of public service commissioners |
| 49-01-04 |
Offices of public service commission |
| 49-01-05 |
Salary of commissioners |
| 49-01-06 |
Public service commission ‑ Majority vote |
| 49-01-07 |
Proceedings of public service commission ‑ Pledge of allegiance |
| 49-01-08 |
Appointment of examiners by public service commission |
| 49-01-09 |
Attorneys for public service commission ‑ Attorney general ‑ State's attorney ‑ Duties ‑ Additional counsel ‑ Compensation |
| 49-01-10 |
Assistants ‑ Authority of public service commission to appoint |
| 49-01-11 |
Enforcement of orders of commission ‑ Costs and expenses |
| 49-01-12 |
Disposition of penalties |
| 49-01-12.1 |
Public utility fee |
| 49-01-13 |
Biennial report |
| 49-01-14 |
When copies of official documents are evidence |
| 49-01-15 |
Charges for copies and records determined by the public service commission |
Chapter 49-02 - Powers of Commission Generally
| Section |
Section Name |
| 49-02-01 |
General jurisdiction of the public service commission over public utilities |
| 49-02-01.1 |
Jurisdiction of commission limited as to certain utilities ‑ Exemption |
| 49-02-01.2 |
Pipeline safety ‑ Public service commission jurisdiction ‑ Hazardous facility orders |
| 49-02-02 |
Powers of public service commission with reference to public utilities |
| 49-02-02.1 |
Applicant to pay cost of publishing notice |
| 49-02-03 |
Power of public service commission to establish rates |
| 49-02-03.1 |
Power to fix special rates ‑ Public service commission |
| 49-02-04 |
Power of commission to regulate services |
| 49-02-05 |
Use by one utility of the facilities of another utility |
| 49-02-05.1 |
Power to fix terms by which the facilities of one utility may cross those of another utility |
| 49-02-06 |
Entering premises of public utility by public service commission for examination purposes |
| 49-02-07 |
Appliances tested on request of consumer ‑ Fee for testing |
| 49-02-08 |
Testing meters ‑ Gas ‑ Electric |
| 49-02-09 |
Purpose of testing meters |
| 49-02-10 |
Rules for meters |
| 49-02-11 |
Standards ‑ Classification ‑ Examinations ‑ Provided by public service commission |
| 49-02-12 |
System of accounts, records, and memoranda established |
| 49-02-12.1 |
Public service commission open meetings |
| 49-02-13 |
Jurisdiction of commission limited as to municipal utilities |
| 49-02-14 |
Inspection of public utility accounts ‑ Right as to examinations |
| 49-02-15 |
Excessive or discriminatory charges ‑ Reparation |
| 49-02-16 |
Investigation of interstate rates |
| 49-02-17 |
Unreasonable rates, rules, and practices affecting interstate commerce |
| 49-02-18 |
Failure of utility to adjust rates ‑ Action by public service commission |
| 49-02-19 |
Power to fix special rates ‑ Public service commission |
| 49-02-20 |
Notice to be given before special rate fixed |
| 49-02-21 |
Power of commission to regulate raising and lowering of electric supply and communication lines |
| 49-02-22 |
Charges for raising and lowering lines ‑ Reimbursement for unreasonable delay |
| 49-02-23 |
Consideration of environmental externality values prohibited |
| 49-02-24 |
Renewable electricity and recycled energy credit trading and tracking system |
| 49-02-25 |
Renewable electricity and recycled energy defined |
| 49-02-26 |
Qualifying for renewable electricity and recycled energy credits |
| 49-02-27 |
Decommissioning of renewable energy conversion facilities |
| 49-02-28 |
State renewable and recycled energy objective |
| 49-02-29 |
Qualifying for renewable electricity and recycled energy objective |
| 49-02-30 |
Application of electricity generated from existing hydroelectric facilities in calculating the renewable and recycled energy objective |
| 49-02-31 |
Purchase and retirement of renewable energy and recycled energy certificates to meet the objective |
| 49-02-32 |
Use of renewable and recycled energy ‑ Economic evaluation |
| 49-02-33 |
Verification of generation and of purchase of renewable energy and recycled energy certificates |
| 49-02-34 |
Public reporting on progress toward meeting the renewable energy and recycled energy objective |
Chapter 49-03 - Electric Utility Franchise
| Section |
Section Name |
| 49-03-01 |
Certificate of public convenience and necessity ‑ Secured by electric public utility |
| 49-03-01.1 |
Limitation on electric transmission and distribution lines, extensions, and service by electric public utilities |
| 49-03-01.2 |
Limitation on issuance of orders and certificates of public convenience and necessity to electric public utilities |
| 49-03-01.3 |
Exclusions from limitations on electric distribution lines, extension, and service and on issuance of certificates of public convenience and necessity |
| 49-03-01.4 |
Enforcement of act |
| 49-03-01.5 |
Definitions |
| 49-03-02 |
Prerequisites to issuance of certificate of public convenience and necessity |
| 49-03-03 |
Franchise not to be exercised without certificate |
| 49-03-04 |
Replacement or renewal of franchise ‑ Certificate of public convenience and necessity not necessary |
| 49-03-05 |
Complaint upon violation of chapter |
| 49-03-06 |
Service agreements among electric providers |
Chapter 49-03.1 - Franchise for Certain Public Utilities
| Section |
Section Name |
| 49-03.1-01 |
Certificates of public convenience and necessity ‑ Who to secure |
| 49-03.1-02 |
Definitions |
| 49-03.1-03 |
Certificate application |
| 49-03.1-04 |
Factors to be considered by commission in granting or denying a certificate |
| 49-03.1-05 |
Prerequisites to issuance of certificate of public convenience and necessity ‑ Waiver of hearing |
| 49-03.1-06 |
Franchise not to be exercised without certificate |
| 49-03.1-07 |
Replacement or renewal of franchise ‑ Certificate of public convenience and necessity not necessary |
| 49-03.1-08 |
Complaint upon violation of chapter |
| 49-03.1-09 |
Registration of telecommunications companies that are not incumbent telecommunications companies ‑ Penalty |
Chapter 49-04 - Duties of Public Utilities
| Section |
Section Name |
| 49-04-01 |
Public utility to provide adequate service |
| 49-04-02 |
Reasonable charges for services and commodities of public utility |
| 49-04-02.1 |
Customer deposits ‑ Interest |
| 49-04-03 |
Violation of prescribed system of accounts unlawful |
| 49-04-04 |
Power of public utility to issue evidence of indebtedness |
| 49-04-05 |
Commission approval required to dispose of or encumber franchises, works, or systems ‑ Exceptions |
| 49-04-06 |
Acquiring stock or membership interest or business of another utility ‑ Authorization by commission |
| 49-04-07 |
Unreasonable preferences or advantages prohibited |
| 49-04-08 |
Certain discriminations allowed |
| 49-04-09 |
Long and short hauls |
| 49-04-10 |
Freight pooling |
| 49-04-11 |
Free passes restricted |
| 49-04-12 |
Free transportation authorized in certain cases |
| 49-04-13 |
Definitions |
| 49-04-14 |
Penalty for issuing free passes |
| 49-04-15 |
Public utility tax report ‑ Furnished to commission on request |
| 49-04-16 |
Orders from commission ‑ Observance by public utility |
| 49-04-17 |
Reasonable rules and regulations by public utility |
| 49-04-18 |
Public utility reports furnished to commission |
| 49-04-19 |
Security interests against transmitting utilities ‑ Filing instruments with secretary of state |
| 49-04-20 |
Notification before discontinuance of utility service |
Chapter 49-04.1 - Actions for Bypassing, Tampering or Unauthorized Metering
Chapter 49-05 - Procedure on Regulation of Public Utilities
| Section |
Section Name |
| 49-05-01 |
Who may make a complaint |
| 49-05-02 |
Right to make certain complaints limited |
| 49-05-03 |
Hearing on complaint |
| 49-05-04 |
Application for increase of rates ‑ Information required ‑ Fee |
| 49-05-04.1 |
Test year ‑ Public utility rate filings |
| 49-05-04.2 |
Rate adjustment ‑ Federal environmental mandate costs |
| 49-05-04.3 |
Rate adjustment ‑ Transmission facility costs |
| 49-05-04.4 |
Integrated resource plan |
| 49-05-05 |
Changes in tariff rates ‑ Notice to commission ‑ Filing fee |
| 49-05-06 |
Hearing by commission on proposed change of rates |
| 49-05-07 |
Immunity from prosecution for self‑incrimination |
| 49-05-08 |
Orders and decisions of commission ‑ Conclusive |
| 49-05-09 |
Decisions of commission ‑ Rescission or amendment |
| 49-05-10 |
Improper action taken by utility ‑ Damages ‑ Who may sue ‑ Recovery |
| 49-05-11 |
Orders issued by commission ‑ Period remaining in force |
| 49-05-12 |
Appeal from decision of commission |
| 49-05-13 |
Suspension of order on appeal only by order of court |
| 49-05-14 |
Stay on appeal ‑ Suspending bond ‑ Impounding excess charges |
| 49-05-15 |
Appeals to supreme court |
| 49-05-16 |
Advance determination of prudence |
| 49-05-17 |
Resource planning |
| 49-05-18 |
Planning reserve margin ‑ Penalty |
| 49-05-19 |
Reliable service obligation |
Chapter 49-06 - Valuation of Public Utility Property
| Section |
Section Name |
| 49-06-01 |
Valuation of property as basis for determining reasonableness of rates |
| 49-06-02 |
Value of property for ratemaking purposes ‑ Determination |
| 49-06-03 |
Value of goodwill not to be considered in ratemaking |
| 49-06-04 |
Fair market price to be allowed in fixing valuations |
| 49-06-05 |
When valuation or revaluation required |
| 49-06-06 |
Disagreement on new rate ‑ Bond required |
| 49-06-07 |
Failure of utility to file bond ‑ Temporary rates prescribed by commission |
| 49-06-08 |
Determination of permanent rates |
| 49-06-09 |
Utility to remit to consumer if rate lower than temporary rate |
| 49-06-10 |
Valuation ‑ Notice ‑ Finality ‑ Prima facie evidence |
| 49-06-11 |
Hearings as to valuations ‑ Called by commission |
| 49-06-12 |
Notice of hearing ‑ Preliminary examination |
| 49-06-13 |
Hearing ‑ Right of public utility ‑ Evidence ‑ Findings ‑ Review |
| 49-06-14 |
Findings of commission ‑ Admissible as evidence |
| 49-06-15 |
Corrections and revaluation of public utility property |
| 49-06-16 |
Additional hearings of commission |
| 49-06-17 |
Limitation on number of valuation or revaluation orders |
| 49-06-18 |
Employment of experts ‑ Attorneys ‑ Costs of hearing |
| 49-06-19 |
Additional costs to be paid ‑ Refund |
| 49-06-20 |
Amount not paid to draw interest ‑ Attorney general to collect |
| 49-06-21 |
Writs of attachment and garnishment summons to be issued |
| 49-06-22 |
Public utility valuation fund ‑ Use |
| 49-06-23 |
Expenses of valuation or revaluation paid into public utility valuation revolving fund |
| 49-06-24 |
When electric rates not to be increased |
Chapter 49-07 - Penal Provisions
| Section |
Section Name |
| 49-07-01 |
Violation of commission order or rule ‑ Penalty |
| 49-07-01.1 |
Violation of statute, commission order, or commission rule ‑ Assessment of civil penalty |
| 49-07-02 |
Each violation a separate offense |
| 49-07-03 |
Act of officer or agent that of principal |
| 49-07-04 |
Personal liability of officer, agent, or employee ‑ Penalty |
| 49-07-05 |
Liability of persons other than public utility ‑ Penalty |
| 49-07-05.1 |
Violations of pipeline safety standards ‑ Penalties |
| 49-07-06 |
Cumulative penalties ‑ Not a bar to contempt |
Chapter 49-08 - Railroad Corporations [Repealed]
Chapter 49-09 - Acquiring and Transferring Utility Property
| Section |
Section Name |
| 49-09-01 |
Right of way through state lands ‑ Conditions |
| 49-09-02 |
School lands to be taken at appraised value |
| 49-09-03 |
How right of way obtained from board of university and school lands |
| 49-09-04 |
When right of way reverts to state |
| 49-09-04.1 |
Abandonment of railway lines ‑ Public service commission authority ‑ Trust agreement ‑ Term ‑ Reversion of property |
| 49-09-04.2 |
Abandoned railroad right of way ‑ Sale ‑ Priority of purchasers |
| 49-09-04.3 |
Abandoned railway lines ‑ Removal of abandoned materials ‑ Charge by city, county, or state |
| 49-09-04.4 |
Railroad abandonment ‑ Records to be open to commission |
| 49-09-05 |
Securing right of way over land of decedent or ward |
| 49-09-06 |
Petition for right of way over land of decedent or ward |
| 49-09-07 |
County court to approve petition for right of way over land of decedent or ward ‑ Conveyance |
| 49-09-08 |
Trust deeds and mortgages of railroad property |
| 49-09-09 |
Sale under trust deed or upon mortgage foreclosure |
| 49-09-10 |
Title acquired under sale |
| 49-09-10.1 |
Identification of railroad rights of way ‑ Duties of commission |
| 49-09-10.2 |
Identification of right of way to be acquired, leased, or transferred |
| 49-09-11 |
Compensation for another railroad's property ‑ Determined according to law of eminent domain |
| 49-09-11.1 |
Negotiations for reopening of railway line ‑ Railroad intending to abandon line |
| 49-09-11.2 |
Negotiations for reopening of railway line ‑ Railroad abandoning line |
| 49-09-11.3 |
Negotiations for sale, transfer, or lease of railroad property ‑ Public service commission authority |
| 49-09-11.4 |
Commission's authority in public interest ‑ Cooperation with other states |
| 49-09-11.5 |
Interstate commerce commission certificate |
| 49-09-11.6 |
Public service commission authorized to conduct periodic meetings concerning future operation of railroads |
| 49-09-11.7 |
Rules for enforcement |
| 49-09-12 |
Sale of railroad equipment under security agreement ‑ How property marked |
| 49-09-13 |
Conditional sale contract ‑ Filing ‑ Marking property |
| 49-09-14 |
Utility property transfers filed with secretary of state |
| 49-09-15 |
Conveyance of real property other than right of way ‑ Recording |
| 49-09-16 |
Right of way ‑ Telecommunications ‑ Electric light ‑ Gas and oil pipeline systems |
Chapter 49-09.1 - Railroad Right of Way Crossings
Chapter 49-10 - Fuel Rates [Repealed]
Chapter 49-10.1 - Railroad Regulation by Public Service Commission
| Section |
Section Name |
| 49-10.1-01 |
Authority of public service commission |
| 49-10.1-02 |
Public policy concerning the regulation of railroads |
| 49-10.1-03 |
Regulatory powers |
| 49-10.1-04 |
Equipment distribution |
| 49-10.1-05 |
Railroad police |
| 49-10.1-06 |
Loading platforms |
| 49-10.1-07 |
Spur tracks |
| 49-10.1-08 |
Tampering, altering, or damaging railroad property ‑ Penalty |
| 49-10.1-09 |
Shipment of livestock |
| 49-10.1-10 |
Use of railroad tracks for highway purposes ‑ Penalty |
| 49-10.1-11 |
Minor excluded from railroad property ‑ Exception |
| 49-10.1-12 |
Trespassing and stealing rides on cars, engines, and trains ‑ Penalty |
| 49-10.1-13 |
Clearance required for tracks |
| 49-10.1-14 |
Commission may adopt and enforce safety rules ‑ Investigation and surveillance records ‑ Railroads ‑ Exempt |
| 49-10.1-15 |
Semimonthly pay to railroad employees |
| 49-10.1-16 |
Intoxicated engineer or conductor ‑ Penalty |
| 49-10.1-17 |
Agreements to restore Amtrak service |
| 49-10.1-18 |
Determination of train speeds |
| 49-10.1-19 |
Critical incident stress debriefing policy |
| 49-10.1-20 |
Accident report |
| 49-10.1-21 |
Railroad crossing determination |
| 49-10.1-22 |
Railroad training program |
Chapter 49-11 - Railroad Bridges, Crossings, Intersections, and Fences
| Section |
Section Name |
| 49-11-00.1 |
Definitions |
| 49-11-01 |
Obstruction of crossing by railroad ‑ Provision for temporary way |
| 49-11-02 |
Railroad bridges must be in good repair |
| 49-11-03 |
Railroad bridge must provide clear passage over highway |
| 49-11-04 |
Highways and watercourses to be restored to former state |
| 49-11-05 |
Railroad to maintain sufficient highway crossings |
| 49-11-06 |
Railroad crossings ‑ Construction and maintenance |
| 49-11-07 |
Railroad crossing ‑ Failure to construct or maintain ‑ Penalty |
| 49-11-08 |
Making intersecting railroad crossing ‑ No delay if bond filed |
| 49-11-09 |
Railroads intersecting ‑ Compensation governed by law of eminent domain |
| 49-11-10 |
Crossings of another railroad ‑ Drawbridges ‑ Stopping of trains |
| 49-11-11 |
Crossing other railroad without stopping ‑ Approval of commission |
| 49-11-12 |
District court may review commission's disapproval of plan for crossing railroad without stopping |
| 49-11-13 |
Grade crossings ‑ Determination of their safety by commission |
| 49-11-14 |
Notice to railroad of investigation of grade crossing |
| 49-11-15 |
Penalty for violation of order |
| 49-11-16 |
Caution signs ‑ Specifications ‑ Posting at crossings |
| 49-11-17 |
Railroad crossing over land owned on both sides by one person ‑ Penalty for failure to provide |
| 49-11-18 |
Construction of railroad ‑ Crossing highway or waterway |
| 49-11-19 |
Blocking or obstructing crossing with train ‑ Penalty |
| 49-11-19.1 |
Blocking or obstructing alternative crossings ‑ Penalty |
| 49-11-20 |
Installation of flagman at crossings |
| 49-11-21 |
Warning device sounded at crossing by locomotive ‑ Exceptions |
| 49-11-22 |
Liability for failure of locomotive to sound bell, horn, or whistle at crossing |
| 49-11-23 |
Liability of engineer for failure to sound bell, horn, or whistle of locomotive at crossing |
| 49-11-24 |
Railroad right of way ‑ Fences |
| 49-11-25 |
How fence on railroad right of way to be constructed |
| 49-11-26 |
Landowner may require railroad to build hog‑tight fence |
| 49-11-27 |
Requirements of hog‑tight fence built by railroad on right of way |
| 49-11-28 |
Swinging gates ‑ When railroad required to maintain |
| 49-11-29 |
Failure to construct fence or swinging gate ‑ Penalty |
| 49-11-30 |
Failure of railroad to fence ‑ Damage to owner of stock ‑ How collected |
| 49-11-31 |
Certain sections not applicable within corporate limits |
| 49-11-32 |
Train crew exemption |
Chapter 49-12 - Railway Stations and Station Yard Service [Repealed]
Chapter 49-13 - Railroad Safety Requirements [Repealed]
Chapter 49-14 - Freight and Passenger Service of Railroads [Repealed]
Chapter 49-15 - Regulation of Railroad Rates [Repealed]
Chapter 49-16 - Liability of Railroads for Negligence
| Section |
Section Name |
| 49-16-01 |
Liability of railroad for damages from fire |
| 49-16-01.1 |
Indemnity terms void and unenforceable |
| 49-16-01.2 |
Choice‑of‑laws clause void |
| 49-16-02 |
Railroad's liability for injury or death of employee |
| 49-16-03 |
Contributory negligence not bar to recovery |
| 49-16-04 |
Assumption of risk |
| 49-16-05 |
Contracts exempting railroad from liability void |
| 49-16-06 |
Limitation of actions |
| 49-16-07 |
Survival of right of action |
| 49-16-08 |
Defenses of assumption of risk and contributory negligence barred |
| 49-16-09 |
Personal injuries ‑ When railroad not liable |
| 49-16-10 |
Liability for acts of railway police |
| 49-16-11 |
Liability of owner or operator of railroad limited |
Chapter 49-17 - Offenses Against Railroads [Repealed]
Chapter 49-17.1 - Rail Service Assistance
| Section |
Section Name |
| 49-17.1-01 |
Definitions |
| 49-17.1-02 |
Department of transportation as designated state agency |
| 49-17.1-02.1 |
Review and approval of rail projects |
| 49-17.1-03 |
Application for assistance |
| 49-17.1-04 |
Use of public and private funds ‑ Public service commission participation |
| 49-17.1-05 |
Subsidy of railway lines |
| 49-17.1-06 |
Railroad plan and proposals |
Chapter 49-17.2 - Regional Railroad Authorities [Repealed]
Chapter 49-18 - Motor Carriers [Repealed]
Chapter 49-19 - Common Pipeline Carriers
| Section |
Section Name |
| 49-19-01 |
Definition of common pipeline carriers |
| 49-19-02 |
Pipeline carriers ‑ Special powers of commission |
| 49-19-03 |
Enforcement of orders by commission |
| 49-19-04 |
Reservation in gas franchises |
| 49-19-05 |
Percentage of native natural gas to be used |
| 49-19-06 |
Gas in commercial quantities ‑ What constitutes |
| 49-19-07 |
Pro rata distribution of gas |
| 49-19-08 |
Operation of pipelines |
| 49-19-09 |
Permission to secure right of way ‑ Condition |
| 49-19-10 |
Compensating county for damage to public road in laying pipelines |
| 49-19-11 |
Pipeline carrier must agree to carry without discrimination |
| 49-19-12 |
When pipeline carrier may exercise right of eminent domain |
| 49-19-13 |
Hearings on rates of pipeline carrier ‑ Power of commission |
| 49-19-14 |
Reimbursement of excessive rates to shipper |
| 49-19-15 |
Exchange of tonnage by common carrier ‑ Facilities to be maintained for receipt and delivery |
| 49-19-16 |
Commission to make rules on deductions ‑ Orders prima facie evidence |
| 49-19-17 |
Pipeline carriers to make and publish tariffs |
| 49-19-18 |
Joint action by commissions to regulate interstate commerce |
| 49-19-19 |
Discrimination between shippers in facilities furnished, service rendered, and rates prohibited |
| 49-19-20 |
Duties of pipeline carriers |
| 49-19-21 |
Oil and gas wastes ‑ Dangerous field operations ‑ Commission to regulate |
| 49-19-22 |
Violation of law or rules by pipeline carriers ‑ Penalty ‑ Suit by attorney general |
| 49-19-23 |
Unlawful discrimination ‑ Damages ‑ Suit |
| 49-19-24 |
Individuals guilty of discrimination ‑ Penalty |
| 49-19-25 |
Fraudulent consumption of gas ‑ Punishment |
Chapter 49-20 - Electric Companies
| Section |
Section Name |
| 49-20-01 |
Definitions |
| 49-20-02 |
Commission to regulate operation and maintenance of electrical lines |
| 49-20-03 |
Applications ‑ Specifications ‑ Drawings ‑ Prerequisites to construction |
| 49-20-04 |
Hearing upon application ‑ Time ‑ Witnesses ‑ Evidence |
| 49-20-05 |
Grant of application without hearing |
| 49-20-06 |
Apportionment of costs |
| 49-20-07 |
Rules and regulations adopted by commission |
| 49-20-08 |
Municipalities ‑ Complaints ‑ Hearings |
| 49-20-09 |
Regulatory nature of measures ‑ Penalty for violation |
| 49-20-10 |
Commission may require extension of electric transmission lines |
| 49-20-11 |
Appeals from orders of commission |
| 49-20-12 |
Injury to electric supply lines ‑ Penalty |
| 49-20-12.1 |
Notice of change in topography of lands under or adjacent to electric transmission or telecommunications lines |
| 49-20-13 |
Electric current ‑ Fraudulent use ‑ Misdemeanor |
| 49-20-14 |
Meter deposits to electric power companies |
| 49-20-15 |
Liability of electric companies for inductive interference |
Chapter 49-21 - Telecommunications Companies
| Section |
Section Name |
| 49-21-01 |
Definitions |
| 49-21-01.1 |
Inapplicability of provisions of chapter |
| 49-21-01.2 |
Exemption ‑ Rate regulation |
| 49-21-01.3 |
Certain price changes from surcharges ‑ Essential telecommunications services |
| 49-21-01.4 |
Purchase of essential telecommunications services |
| 49-21-01.5 |
Access code number usage |
| 49-21-01.6 |
Call identification services ‑ Charges prohibited ‑ Notice ‑ Exceptions |
| 49-21-01.7 |
Powers in general |
| 49-21-01.8 |
Eligible telecommunications company requirements |
| 49-21-01.9 |
Voice over internet protocol service and internet protocol-enabled service |
| 49-21-02 |
Telecommunications companies ‑ Common carriers ‑ Public policy |
| 49-21-02.1 |
Authority to exempt from regulation |
| 49-21-02.2 |
Cross‑subsidization prohibited |
| 49-21-02.3 |
Directors, trustees, officers, and managers ‑ Immunity from civil liability |
| 49-21-02.4 |
Unauthorized telecommunications service |
| 49-21-03 |
Articles of incorporation ‑ Telephone ‑ Telegraph |
| 49-21-04 |
Price schedules filed with the commission |
| 49-21-04.1 |
Maximum and minimum rates ‑ Changes |
| 49-21-05 |
Schedule of prices to be available for public inspection |
| 49-21-06 |
Complaint against prices |
| 49-21-07 |
Discrimination unlawful |
| 49-21-08 |
Unnecessary duplication of exchanges prohibited |
| 49-21-08.1 |
Dialing parity ‑ IntraLATA equal access |
| 49-21-09 |
Telecommunications ‑ Connections |
| 49-21-10 |
Transmitting telecommunications from other telecommunications companies |
| 49-21-10.1 |
Excessive charges ‑ Refunds |
| 49-21-10.2 |
Quality of service |
| 49-21-10.3 |
Complaints |
| 49-21-11 |
Mutual telephone company ‑ Company carrier |
| 49-21-12 |
Assessments ‑ Expenses ‑ Sinking fund |
| 49-21-13 |
Extension of line and system |
| 49-21-13.1 |
Telephone cooperatives ‑ Sale of physical plant ‑ Approval |
| 49-21-14 |
Connections with other telephone systems permitted |
| 49-21-15 |
Physical connections |
| 49-21-16 |
Forfeiture for failure to comply with order |
| 49-21-17 |
Additional definitions |
| 49-21-18 |
Party line ‑ Refusal to surrender ‑ Emergency |
| 49-21-19 |
Distributors of telephone directories to print notice therein |
| 49-21-20 |
Penalty |
| 49-21-21 |
Fraudulent telecommunications ‑ Penalty |
| 49-21-22 |
Regulatory reform review commission ‑ Appointments ‑ Compensation ‑ Report to legislative council |
| 49-21-22.1 |
Regulatory reform review commission ‑ Appointments ‑ Compensation ‑ Report to legislative council |
| 49-21-22.2 |
Regulatory reform review commission ‑ Appointments ‑ Compensation ‑ Report to legislative council |
| 49-21-23 |
Construction of facilities ‑ Cost recovery |
| 49-21-24 |
Prohibited acts ‑ Arbitration |
| 49-21-25 |
Competitive local exchange companies |
| 49-21-26 |
Fees |
| 49-21-27 |
In‑kind services |
| 49-21-28 |
Arbitration |
| 49-21-29 |
Franchise ordinance not superseded |
| 49-21-30 |
Cost recovery |
| 49-21-31 |
Performance assurance fund ‑ Continuing appropriation |
Chapter 49-21.1 - Electric Transmission Lines
Chapter 49-22 - Energy Conversion and Transmission Facility Siting Act
| Section |
Section Name |
| 49-22-01 |
Short title |
| 49-22-02 |
Statement of policy |
| 49-22-03 |
Definitions |
| 49-22-04 |
Ten‑year plans ‑ Contents |
| 49-22-05 |
Inventory of potential sites ‑ Criteria ‑ Public hearings |
| 49-22-05.1 |
Exclusion and avoidance areas ‑ Criteria |
| 49-22-06 |
Facility development plans |
| 49-22-07 |
Certificate of site compatibility or route permit required |
| 49-22-07.1 |
Letter of intent prior to construction |
| 49-22-07.2 |
Waiver of procedures and time schedules |
| 49-22-08 |
Application for a certificate ‑ Notice of filing ‑ Amendment ‑ Designation of a site or corridor |
| 49-22-08.1 |
Application for a permit ‑ Notice of filing ‑ Amendment ‑ Designation of a route |
| 49-22-08.2 |
Combining application |
| 49-22-09 |
Factors to be considered in evaluating applications and designation of sites, corridors, and routes |
| 49-22-09.1 |
Approval of hydroelectric transmission facilities by legislative assembly required |
| 49-22-09.2 |
Mitigating environmental impacts - Energy conversion facilities - Transmission facilities |
| 49-22-10 |
Designation of sites and corridors |
| 49-22-11 |
Approval of a specific transmission facility route within a designated corridor |
| 49-22-12 |
Emergency certification |
| 49-22-12.1 |
Emergency certification |
| 49-22-13 |
Public hearings ‑ Notice |
| 49-22-14 |
Advisory committees ‑ Appointment ‑ Compensation |
| 49-22-14.1 |
Cooperation with state and federal agencies |
| 49-22-15 |
Public participation ‑ Meetings ‑ Records |
| 49-22-16 |
Effect of issuance of certificate or permit ‑ Local land use, zoning, or building rules, regulations, or ordinances ‑ State agency rules (Retroactive application - See note) |
| 49-22-16.1 |
Unfair tactics in acquiring land or easements for a facility ‑ Court action ‑ Cancellation of easement ‑ Penalty |
| 49-22-16.2 |
Easements for a facility ‑ Terms |
| 49-22-16.3 |
Route adjustment before or during construction for gas or liquid transmission line |
| 49-22-16.4 |
Light‑mitigating technology system ‑ Rules |
| 49-22-16.5 |
Route adjustment before or during construction for an electric transmission line |
| 49-22-17 |
Improvement of sites or locations |
| 49-22-18 |
Rules and regulations |
| 49-22-19 |
Hearing ‑ Judicial review |
| 49-22-20 |
Revocation or suspension of certificate or permit |
| 49-22-21 |
Penalties |
| 49-22-22 |
Siting process expense recovery ‑ Deposit in special fund ‑ Continuing appropriation |
| 49-22-23 |
Transfer |
| 49-22-24 |
Safety |
| 49-22-25 |
Approval for temporary operation or variance |
| 49-22-26 |
Protection of cultural or historic site data |
Chapter 49-22.1 - Energy Conversion and Transmission Facilities
| Section |
Section Name |
| 49-22.1-01 |
Definitions |
| 49-22.1-02 |
Statement of policy |
| 49-22.1-03 |
Exclusion and avoidance areas ‑ Criteria |
| 49-22.1-04 |
Certificate of site compatibility or route permit required |
| 49-22.1-05 |
Waiver of procedures and time schedules |
| 49-22.1-06 |
Application for a certificate - Notice of filing - Amendment - Designation of a site or corridor |
| 49-22.1-07 |
Application for a permit - Notice of filing - Amendment - Designation of a route |
| 49-22.1-08 |
Combining application |
| 49-22.1-09 |
Factors to be considered in evaluating applications and designation of sites, corridors, and routes |
| 49-22.1-10 |
Public hearings ‑ Notice |
| 49-22.1-11 |
Advisory committees - Appointment - Compensation |
| 49-22.1-12 |
Cooperation with state and federal agencies and political subdivisions |
| 49-22.1-13 |
Effect of issuance of certificate or permit ‑ Local land use, zoning, or building rules, regulations, or ordinances ‑ State agency rules |
| 49-22.1-14 |
Unfair tactics in acquiring land or easements for a facility - Court action - Cancellation of easement - Penalty |
| 49-22.1-15 |
Route adjustment before or during construction for gas or liquid transmission line |
| 49-22.1-16 |
Improvement of sites or locations |
| 49-22.1-17 |
Rules and regulations |
| 49-22.1-18 |
Hearing - Judicial review |
| 49-22.1-19 |
Revocation or suspension of certificate or permit |
| 49-22.1-20 |
Penalties |
| 49-22.1-21 |
Siting process expense recovery ‑ Deposit in special fund ‑ Continuing appropriation |
| 49-22.1-22 |
Safety |
| 49-22.1-23 |
Approval for temporary operation or variance |
| 49-22.1-24 |
Protection of cultural or historic site data |
Chapter 49-23 - One-Call Excavation Notice System
Chapter 49-24 - North Dakota Transmission Authority [Redesignated]
Chapter 49-25 - Wildfire Mitigation Plan
| Section |
Section Name |
| 49-25-01 |
Definitions |
| 49-25-02 |
Limitation on strict liability standard for a qualified utility |
| 49-25-03 |
Wildfire mitigation plan |
| 49-25-04 |
Wildfire mitigation plan submission |
| 49-25-05 |
Annual report |
Title 50 - Public Welfare
Chapter 50-01 - County Poor Relief, Administration
| Section |
Section Name |
| 50-01-01 |
Human service zone obligated to support poor ‑ Eligibility for assistance |
| 50-01-01.1 |
Determination of eligibility ‑ Notice ‑ Appeal |
| 50-01-02 |
General assistance jurisdiction |
| 50-01-03 |
County social service board may accept property or security |
| 50-01-04 |
Records to be kept |
| 50-01-05 |
Reports to county social service board |
| 50-01-06 |
Blanks and reports prepared by counties |
| 50-01-07 |
County social service board ‑ Members ‑ Qualifications |
| 50-01-07.1 |
County social service board to be substituted for county welfare board |
| 50-01-08 |
Members of county social service board ‑ Term of office ‑ Oath ‑ Compensation |
| 50-01-08.1 |
Out‑of‑state travel approval |
| 50-01-09 |
Duties of county social service board |
| 50-01-09.1 |
Reimbursement of county for public assistance to nonresidents occasioned by federal projects |
| 50-01-09.2 |
Allocation to counties by state for poor relief expenditures |
| 50-01-10 |
Removal of members of the board |
| 50-01-11 |
Investigation of application for poor relief |
| 50-01-12 |
Relief provided when residence uncertain |
| 50-01-13 |
Medical attention and hospitalization furnished poor |
| 50-01-14 |
Restrictions on aid furnished nonresidents |
| 50-01-15 |
Transportation not furnished to nonresident |
| 50-01-16 |
Complaint in behalf of the poor |
| 50-01-17 |
Person required to work |
| 50-01-17.1 |
Work requirement conditions |
| 50-01-17.2 |
Community work experience programs ‑ Development |
| 50-01-17.3 |
Community work experience program requirements |
| 50-01-17.4 |
Community work experience program participation |
| 50-01-17.5 |
Refusal to comply with work requirements ‑ Denial of relief |
| 50-01-18 |
Refusal of poor person to work |
| 50-01-19 |
Duty of relative to aid ‑ Right of recovery by county |
| 50-01-20 |
Assistance by relatives |
| 50-01-21 |
County and department have preferred claim against estate of recipient of county general assistance or general assistance |
| 50-01-22 |
Actions and proceedings ‑ Duty of state's attorneys |
| 50-01-23 |
Sending pauper out of county unlawful ‑ Prosecution |
| 50-01-24 |
Penalty for bringing pauper into the county |
| 50-01-25 |
Fraudulent acts ‑ Penalty |
| 50-01-26 |
Human service zone of residence for county general assistance purposes |
| 50-01-27 |
State of residence for county general assistance purposes |
| 50-01-28 |
Change of residence to another human service zone |
| 50-01-29 |
Persons with uncertain residence |
Chapter 50-01.1 - Human Service Zones
| Section |
Section Name |
| 50-01.1-01 |
Definitions |
| 50-01.1-02 |
Creation of human service zones |
| 50-01.1-02.1 |
Financial incentives for creation of multicounty social service districts |
| 50-01.1-03 |
Manner of determination |
| 50-01.1-04 |
Plan ‑ Financing ‑ Human service zone board |
| 50-01.1-05 |
Duties of human service zone |
| 50-01.1-06 |
Human service zone directors |
| 50-01.1-07 |
Human service zone and department may contract |
| 50-01.1-08 |
Standards of administration ‑ Action upon failure to administer |
| 50-01.1-09 |
Human service zone director hiring |
| 50-01.1-10 |
Human service zones accepting gifts and donations |
Chapter 50-01.2 - Human Service Zone Boards
| Section |
Section Name |
| 50-01.2-00.1 |
Definitions |
| 50-01.2-01 |
Human service zone board ‑ Members ‑ Qualifications |
| 50-01.2-02 |
Members of human service zone board ‑ Term of office ‑ Oath ‑ Compensation |
| 50-01.2-03 |
Duties of human service zone board |
| 50-01.2-03.1 |
Board may contract |
| 50-01.2-03.2 |
County duties |
| 50-01.2-04 |
Removal of members of the human service zone board |
| 50-01.2-05 |
Actions and proceedings ‑ Duty of state's attorney |
| 50-01.2-06 |
Standards of administration ‑ Action upon failure to administer ‑ Peer review committee ‑ Appeal |
Chapter 50-02 - Residence for Poor Relief Purposes [Repealed]
Chapter 50-03 - County Human Services Fund [Repealed]
Chapter 50-04 - County Asylum for Poor [Repealed]
Chapter 50-05 - Habitual Drunkards - Treatment at County Expense [Repealed]
Chapter 50-06 - Department of Health and Human Services
| Section |
Section Name |
| 50-06-01 |
Definitions |
| 50-06-01.1 |
Department of health and human services to be substituted for public welfare board of North Dakota and social service board of North Dakota, members of board, commissioner, and department of human services |
| 50-06-01.2 |
Department of human services ‑ Creation |
| 50-06-01.3 |
Appointment of commissioner ‑ Compensation ‑ Deputy |
| 50-06-01.4 |
Structure of the department |
| 50-06-01.5 |
Office and office equipment |
| 50-06-01.6 |
Human services advisory board ‑ Membership ‑ Meetings ‑ Compensation and expenses ‑ Responsibilities |
| 50-06-01.7 |
Behavioral health division ‑ Administration ‑ Fees |
| 50-06-01.8 |
Department to seek waiver to establish training, education, employment, and management program ‑ Waiver may be terminated ‑ Program characteristics ‑ Cooperation with governmental bodies ‑ Interim rulemaking |
| 50-06-01.9 |
Criminal history record checks |
| 50-06-01.10 |
Shelter care criminal history record investigation ‑ Fingerprinting required |
| 50-06-01.11 |
Financing of health and human services |
| 50-06-02 |
Social service board ‑ Members ‑ Appointment |
| 50-06-03 |
Social service board ‑ Term of office ‑ Removal |
| 50-06-03.1 |
Social service board members with unexpired terms |
| 50-06-04 |
Members of board ‑ Compensation |
| 50-06-05 |
Officers and meetings of board |
| 50-06-05.1 |
Powers and duties of the department (Effective through June 30, 2027) |
| 50-06-05.2 |
State-operated behavioral health clinics ‑ Licensure |
| 50-06-05.3 |
State-operated behavioral health clinics ‑ Powers ‑ Duties ‑ Advisory groups |
| 50-06-05.4 |
Duties of behavioral health clinic advisory groups |
| 50-06-05.5 |
Director of state-operated behavioral health clinic ‑ Medical director |
| 50-06-05.6 |
Committee on aging ‑ Appointment ‑ Expenses |
| 50-06-05.7 |
Multicounty agreement to administer social service programs ‑ Selection of regional administration |
| 50-06-05.8 |
Department to assume costs of human services |
| 50-06-05.9 |
Long‑term care services providers ‑ Home and community-based services |
| 50-06-06 |
Powers and duties of the board |
| 50-06-06.1 |
Indians ‑ General assistance contract authorized |
| 50-06-06.2 |
Clinic services ‑ Provider qualification ‑ Utilization of federal funds |
| 50-06-06.3 |
Facility staff training |
| 50-06-06.4 |
Comprehensive community residential program |
| 50-06-06.5 |
Continuum of services for individuals with serious and persistent mental illness |
| 50-06-06.6 |
Department may lease real and personal property |
| 50-06-06.7 |
Sale of surplus steam heat ‑ Terms ‑ Not to be construed as the distribution of heat |
| 50-06-06.8 |
Administration of child care block grant and at‑risk child care programs |
| 50-06-06.9 |
Insurance payments by the department |
| 50-06-06.10 |
Family life education program |
| 50-06-06.11 |
Child care provider payments |
| 50-06-06.12 |
Child care provider reimbursement system |
| 50-06-06.13 |
Treatment services for children with serious emotional disorders |
| 50-06-06.14 |
Placement of children ‑ Least restrictive care |
| 50-06-06.15 |
Mental health program registry |
| 50-06-07 |
Office and office equipment |
| 50-06-08 |
Executive director and employees ‑ Appointment ‑ Compensation |
| 50-06-09 |
Executive director ‑ Qualifications ‑ Term of office |
| 50-06-10 |
Executive director ‑ Oath of office ‑ Bond |
| 50-06-11 |
Reciprocal agreements by department |
| 50-06-12 |
Human service zone bound by reciprocal agreements of department ‑ Duty of state and human service zone when person determined not entitled to support |
| 50-06-13 |
Biennial report to governor and office of management and budget |
| 50-06-14 |
Financing of welfare programs |
| 50-06-14.1 |
Limitation on state reimbursement for rental expenses of long‑term care facilities |
| 50-06-14.2 |
Department to establish reasonable rates |
| 50-06-14.3 |
Department of human services to develop basic care facility ratesetting methodology |
| 50-06-14.4 |
Alzheimer's and related dementia and twenty‑four‑hour care projects |
| 50-06-15 |
Confidentiality of information contained in records ‑ Penalty |
| 50-06-15.1 |
Exchange and transfer of patient records |
| 50-06-16 |
Rulemaking authority |
| 50-06-17 |
Biennial report ‑ Budget estimates |
| 50-06-18 |
Developmental disabilities service providers |
| 50-06-19 |
Exemption from insurance premium tax |
| 50-06-20 |
Programs funded at state expense ‑ Interpretation |
| 50-06-20.1 |
Human services grant program ‑ Eligible counties ‑ Reports |
| 50-06-21 |
Gambling disorder prevention, awareness, crisis intervention, rehabilitation, and treatment services |
| 50-06-22 |
Gambling disorder prevention and treatment fund ‑ Continuing appropriation |
| 50-06-23 |
Placement of children ‑ Least restrictive care |
| 50-06-24 |
Guardianship services |
| 50-06-25 |
Biennial report on programs and services |
| 50-06-26 |
Alternatives‑to‑abortion program |
| 50-06-27 |
Prescription drug monitoring program |
| 50-06-28 |
Substance abuse treatment pilot program |
| 50-06-29 |
Application for aging and disability resource center funding |
| 50-06-30 |
Interagency agreement between the department of health and human services and the department of corrections and rehabilitation |
| 50-06-31 |
Report to legislative council ‑ Individuals committed to state hospital |
| 50-06-32 |
Autism spectrum disorder task force ‑ Appointment ‑ Duties ‑ Annual reports |
| 50-06-32.1 |
Autism spectrum disorder voucher program pilot project ‑ Legislative management report ‑ Appeal |
| 50-06-33 |
Dementia care services |
| 50-06-34 |
Program for services to transition‑aged youth at risk ‑ Definition ‑ Rules ‑ Continuing appropriation |
| 50-06-35 |
Department food assistance contracts |
| 50-06-36 |
Developmental disability provider review |
| 50-06-36.1 |
Regional crisis support services for individuals with an intellectual or developmental disability |
| 50-06-37 |
Developmental disabilities system reimbursement project |
| 50-06-38 |
Review and limitation |
| 50-06-39 |
Expedited ratesetting process - Nursing and basic care facilities |
| 50-06-40 |
Medication therapy management program |
| 50-06-41 |
Behavioral health services quarterly report |
| 50-06-41.1 |
Peer support certification |
| 50-06-41.2 |
Community behavioral health program |
| 50-06-41.3 |
Behavioral health bed management system |
| 50-06-41.4 |
Certified community behavioral health clinics ‑ Rules |
| 50-06-42 |
Substance use disorder treatment voucher system (Effective through June 30, 2026) |
| 50-06-42.1 |
Substance use disorder treatment voucher system grants (Expired effective July 1, 2027) |
| 50-06-43 |
Task force on children's behavioral health - Membership - Duties - Reports to governor and legislative management |
| 50-06-43.1 |
Children's cabinet ‑ Membership ‑ Duties ‑ Report |
| 50-06-43.2 |
Commission on juvenile justice ‑ Reports |
| 50-06-44 |
Alcohol and drug education program ‑ Rules ‑ Fees |
| 50-06-45 |
North Dakota legislative health care task force ‑ Duties ‑ Membership ‑ Legislative management report |
| 50-06-46 |
Cross-disability advisory council ‑ Appointment ‑ Duties (Expired effective August 1, 2027) |
| 50-06-47 |
Pay for success fund ‑ Continuing appropriation ‑ Report to legislative management |
Chapter 50-06.1 - Vocational Rehabilitation
| Section |
Section Name |
| 50-06.1-01 |
Definitions |
| 50-06.1-02 |
Acceptance of benefits of federal acts in vocational rehabilitation ‑ Cooperation with federal government |
| 50-06.1-03 |
Custody and payment of vocational rehabilitation funds |
| 50-06.1-04 |
Division executive director ‑ Duties ‑ Relationship of division to department |
| 50-06.1-05 |
Administration of vocational rehabilitation |
| 50-06.1-06 |
Rehabilitation services provided to any disabled individual ‑ Eligibility |
| 50-06.1-07 |
Rehabilitation services provided to disabled individuals requiring financial assistance |
| 50-06.1-08 |
Gifts ‑ Authorization to accept and use |
| 50-06.1-09 |
Maintenance not assignable |
| 50-06.1-10 |
Hearings allowed to aggrieved persons |
| 50-06.1-11 |
Misuse of vocational rehabilitation lists and records |
| 50-06.1-12 |
Limitation of political activity |
| 50-06.1-13 |
Division to license blind operators and operate vending facilities ‑ Continuing appropriation of income |
| 50-06.1-14 |
Establishment of rehabilitation teaching program ‑ Authorization of positions |
| 50-06.1-15 |
Cooperation between agencies |
| 50-06.1-16 |
State rehabilitation council |
| 50-06.1-17 |
Senior community service employment program - Compensation rate |
Chapter 50-06.2 - Comprehensive Human Services Programs
| Section |
Section Name |
| 50-06.2-01 |
Purpose ‑ Interpretation |
| 50-06.2-02 |
Definitions |
| 50-06.2-03 |
Powers and duties of the state agency |
| 50-06.2-04 |
Powers and duties of human service zones |
| 50-06.2-05 |
County human services program funding - Tax levy authority |
| 50-06.2-05.1 |
County share of service payments to elderly and disabled |
| 50-06.2-06 |
Freedom of choice |
| 50-06.2-07 |
Disqualifying transfers |
| 50-06.2-08 |
Service payments for elderly and disabled - Independent home and community‑based services case manager - Pilot program |
| 50-06.2-09 |
Medical assistance home and community‑based services - Independent home and community-based services case manager - Pilot program |
| 50-06.2-10 |
Service payments for elderly and disabled program eligibility |
| 50-06.2-11 |
Service payments for elderly and disabled sliding fee schedule |
Chapter 50-06.3 - Fees and Expenses
| Section |
Section Name |
| 50-06.3-01 |
Definitions |
| 50-06.3-02 |
Fees for services at regional centers |
| 50-06.3-03 |
Fees and expenses chargeable against patients |
| 50-06.3-04 |
Liability for payment |
| 50-06.3-05 |
Handicapped patients ‑ Limitation |
| 50-06.3-06 |
Application for waiver of fees and expenses ‑ Review procedure |
| 50-06.3-07 |
Claims against the estate of recipients or patients |
| 50-06.3-08 |
Reduction or writeoff of accounts ‑ Reports required |
| 50-06.3-09 |
Expenses chargeable against guardianship estate of patient ‑ Restrictions |
| 50-06.3-10 |
State's attorneys or attorney general to bring action for expenses ‑ Contract for collections |
| 50-06.3-11 |
Statute of limitations not bar to recovery |
| 50-06.3-12 |
Interest not to accrue on uncollected claims |
Chapter 50-06.4 - Traumatic Brain Injuries
| Section |
Section Name |
| 50-06.4-01 |
Definitions |
| 50-06.4-02 |
Department to be lead agency ‑ Cooperation of other agencies ‑ Joint meeting |
| 50-06.4-03 |
Department may submit plans ‑ Seek waivers |
| 50-06.4-04 |
Authority to accept and expend grants, gifts, and services |
| 50-06.4-05 |
Brain injury ‑ Prevention and identification activities |
| 50-06.4-06 |
Brain injury ‑ Services and activities ‑ Acceptance of moneys |
| 50-06.4-07 |
Brain injury ‑ Informal supports ‑ Contracts ‑ Exemption |
| 50-06.4-08 |
Social and recreational services |
| 50-06.4-09 |
Vocational rehabilitation and consultation |
| 50-06.4-10 |
Brain injury advisory council |
Chapter 50-06.5 - Independent Living Centers and Services
Chapter 50-07 - Old-Age Assistance [Repealed]
Chapter 50-08 - Aid to Needy Blind [Repealed]
Chapter 50-08.1 - Aid to Pregnant Women
| Section |
Section Name |
| 50-08.1-01 |
Coordination of services for pregnant women |
| 50-08.1-02 |
Benefits for pregnant women |
Chapter 50-09 - Aid to Dependent Children
| Section |
Section Name |
| 50-09-01 |
Definitions |
| 50-09-02 |
Duties of the state agency |
| 50-09-02.1 |
State agency to submit plans ‑ Administer programs under title IV‑A and title IV‑D ‑ Establish data system ‑ Provide capacity for electronic funds transfer |
| 50-09-02.2 |
Assistance for adopted children with special needs |
| 50-09-02.3 |
Department to apply for waiver |
| 50-09-02.4 |
State case registry |
| 50-09-02.5 |
Required uses of statewide automated data processing system |
| 50-09-02.6 |
State agency to submit plans and administer programs under title IV‑B and title IV‑E ‑ Make application for federal funds |
| 50-09-02.7 |
Child support arrears registry |
| 50-09-03 |
Duties of human service zone |
| 50-09-04 |
Preservation and protection of religious faith |
| 50-09-05 |
Eligibility for assistance |
| 50-09-06 |
Application for assistance |
| 50-09-06.1 |
Assignment of support rights |
| 50-09-06.2 |
State agency may compromise claims |
| 50-09-07 |
Investigation by human service zone or state agency |
| 50-09-08 |
Investigations ‑ Power of human service zone, state agency, and employees |
| 50-09-08.1 |
Stepfather's liability for dependent child |
| 50-09-08.2 |
Power of state agency and employees and agents |
| 50-09-08.3 |
Administrative enforcement in interstate cases |
| 50-09-08.4 |
Reporting arrearages to credit bureaus |
| 50-09-08.5 |
Securing assets to satisfy child support |
| 50-09-08.6 |
Suspension of occupational, professional, recreational, motor vehicle operator, and vehicle licenses and registrations for nonpayment of child support or failure to obey subpoena |
| 50-09-09 |
Award of assistance |
| 50-09-10 |
Amount of assistance ‑ Consideration of stepfather's income |
| 50-09-10.1 |
State agency authorized to make seasonal adjustments to payment levels |
| 50-09-11 |
Redetermination of awards |
| 50-09-12 |
Records ‑ State agency to make rules governing ‑ Use of by other agencies limited |
| 50-09-13 |
Disclosure of information contained in records ‑ Penalty |
| 50-09-14 |
Appeal and hearing ‑ Review of child support actions |
| 50-09-15 |
Assistance for dependent children not assignable |
| 50-09-15.1 |
Child support improvement account ‑ Continuing appropriation |
| 50-09-16 |
Aid to dependent children fund ‑ Receipts for moneys received |
| 50-09-17 |
Disbursements of aid to dependent children fund ‑ How made ‑ Payment of aid and expenses of state agency |
| 50-09-18 |
Persons handling money of fund bonded |
| 50-09-19 |
Care of child in boarding home or child‑placing agency ‑ How paid |
| 50-09-20 |
Appropriation of county funds |
| 50-09-20.1 |
Amounts state liable for ‑ Reimbursement by state |
| 50-09-20.2 |
Amount state liable for ‑ Prepayment by state |
| 50-09-21 |
Amount county liable for ‑ Reimbursement by county |
| 50-09-21.1 |
County share of foster care costs |
| 50-09-22 |
Procedure for reimbursement |
| 50-09-23 |
Fraudulent acts ‑ Penalty |
| 50-09-24 |
Limitations of chapter |
| 50-09-25 |
Authority to adopt rules |
| 50-09-26 |
Transition to training, education, employment, and management program |
| 50-09-27 |
Programs funded at state expense ‑ Interpretation |
| 50-09-28 |
Substitution of terms ‑ Meaning of title IV‑A |
| 50-09-29 |
Requirements for administration of temporary assistance for needy families |
| 50-09-30 |
Child support agencies exempt from certain fees |
| 50-09-31 |
Victims of domestic violence ‑ Duties of state agency |
| 50-09-32 |
Disclosure of identity of child support obligors |
| 50-09-33 |
Continuing appropriation ‑ Cooperative agreements for child support enforcement services |
| 50-09-34 |
Administration of child support enforcement activities |
| 50-09-35 |
Child support deduction order |
| 50-09-36 |
Protest period |
| 50-09-37 |
Health insurance data match |
| 50-09-38 |
Transition assistance for child care |
| 50-09-39 |
Employment of special assistant attorneys general |
| 50-09-40 |
Report of gambling winnings |
Chapter 50-10 - Aid to Crippled Children [Repealed]
Chapter 50-10a - Aid to the Permanently and Totally Disabled [Repealed]
Chapter 50-10.1 - Long-Term Care Ombudsmen
| Section |
Section Name |
| 50-10.1-01 |
Definitions |
| 50-10.1-02 |
Appointment of state and local long‑term care ombudsmen |
| 50-10.1-03 |
Duties of state long‑term care ombudsman |
| 50-10.1-04 |
Access to facilities and records |
| 50-10.1-05 |
Information to be posted ‑ Retaliation prohibited |
| 50-10.1-06 |
Establishment of reporting system ‑ Recognition of reports by ombudsmen |
| 50-10.1-07 |
Confidentiality and disclosure of records and files |
Chapter 50-10.2 - Rights of Health Care Facility Residents
| Section |
Section Name |
| 50-10.2-01 |
Definitions |
| 50-10.2-02 |
Residents' rights ‑ Implementation |
| 50-10.2-02.1 |
Authorized virtual monitoring, virtual visitation, and electronic recording ‑ Penalty |
| 50-10.2-03 |
Rulemaking authority of department |
| 50-10.2-04 |
Enforcement ‑ Injunction |
| 50-10.2-05 |
Furnishing financial information |
Chapter 50-10.3 - Access to Long-Term Care Facilities
Chapter 50-11 - Foster Care Homes for Children and Adults
| Section |
Section Name |
| 50-11-00.1 |
Definitions |
| 50-11-01 |
Foster care for children ‑ License, certification, or approval required |
| 50-11-01.1 |
Family day care home for children defined |
| 50-11-01.2 |
Day care center for children defined |
| 50-11-01.3 |
Use of public funds |
| 50-11-01.4 |
Foster care for adults ‑ License required |
| 50-11-01.5 |
Fire prevention training |
| 50-11-01.6 |
Self‑declaration form |
| 50-11-02 |
License or certification granted ‑ Term ‑ Conditions |
| 50-11-02.1 |
Conviction not bar to licensure ‑ Exceptions |
| 50-11-02.2 |
Provisional license, certification, or approval |
| 50-11-02.3 |
Maximum qualified residential treatment program bed capacity |
| 50-11-02.4 |
Criminal history record investigation for foster care for adults ‑ Fingerprinting not required |
| 50-11-03 |
Department to make rules ‑ Records kept by facility |
| 50-11-03.1 |
Reduction of number of children in foster care ‑ Goals |
| 50-11-03.2 |
Use of public funds |
| 50-11-03.3 |
Department to provide liability coverage to foster homes for children |
| 50-11-03.4 |
Immunity for a person providing foster care |
| 50-11-03.5 |
Automated clearinghouse payments |
| 50-11-03.6 |
Substitute caregivers and respite care providers ‑ Requirements |
| 50-11-03.7 |
Adult foster care providers ‑ Temporary assistants ‑ Permitted use of electronic device for monitoring |
| 50-11-04 |
Inspection by the department ‑ Inspection and report by the department or its authorized agent |
| 50-11-04.1 |
Notice |
| 50-11-04.2 |
Correction order ‑ Contents |
| 50-11-04.3 |
Reinspections |
| 50-11-04.4 |
Fiscal sanctions |
| 50-11-04.5 |
Accumulation of fiscal sanctions |
| 50-11-04.6 |
Recovery of fiscal sanctions ‑ Hearing |
| 50-11-04.7 |
Disposition of fiscal sanctions |
| 50-11-05 |
Contents of records not disclosed ‑ Exception |
| 50-11-06 |
Facility not to hold itself out as having authority to dispose of child by adoption unless licensed |
| 50-11-06.1 |
Foster family care home for adults defined |
| 50-11-06.2 |
Department to establish standards ‑ Licensing ‑ Inspection ‑ Prosecute violations |
| 50-11-06.3 |
License required ‑ Term ‑ Revocation |
| 50-11-06.4 |
Contents of license |
| 50-11-06.5 |
Records kept by home |
| 50-11-06.6 |
Department to furnish information when requested |
| 50-11-06.7 |
License, approval, certification approval or denial ‑ Time requirements |
| 50-11-06.8 |
Criminal history record investigation ‑ Fingerprinting required |
| 50-11-06.9 |
Criminal history record investigation for foster home for adults ‑ When not required |
| 50-11-06.10 |
Identified relative ‑ Criminal history record investigation |
| 50-11-06.11 |
Unaccompanied undocumented children |
| 50-11-07 |
Denial or revocation of license or certification |
| 50-11-08 |
Denial or revocation of license or certification ‑ Hearing ‑ Appeals |
| 50-11-09 |
Appeal from decision of department denying or revoking license or certification |
| 50-11-09.1 |
District court injunctions |
| 50-11-10 |
Penalty |
| 50-11-11 |
Agency foster home for adults ‑ Zoning |
Chapter 50-11.1 - Early Childhood Services
| Section |
Section Name |
| 50-11.1-01 |
Purpose |
| 50-11.1-02 |
Definitions |
| 50-11.1-02.1 |
Number of children in program ‑ How determined |
| 50-11.1-02.2 |
Smoking prohibited on premises where early childhood services are provided |
| 50-11.1-02.3 |
Early childhood services staff ‑ Training on infant safe sleep practices |
| 50-11.1-02.4 |
Early childhood services providers - Mandated reporter of suspected child abuse or neglect - Training |
| 50-11.1-03 |
Operation of early childhood services program ‑ License required ‑ Fees |
| 50-11.1-03.1 |
Family child care home operator ‑ Cardiopulmonary resuscitation certification |
| 50-11.1-04 |
Application for license ‑ Prerequisites for issuance ‑ License granted ‑ Term |
| 50-11.1-04.1 |
Operations of child care home ‑ License |
| 50-11.1-05 |
Operation of family day care home ‑ Registration required ‑ Issuance of registration certificate ‑ Term |
| 50-11.1-06 |
In‑home provider ‑ Registration voluntary ‑ Prerequisites for approval ‑ Issuance of registration document ‑ Term |
| 50-11.1-06.1 |
Conviction not bar to licensure, self‑declaration, or registration ‑ Exceptions |
| 50-11.1-06.2 |
Background investigations ‑ Fees |
| 50-11.1-07 |
Investigation of applicant, licensee, holder of self‑declaration or registration document, and staff members ‑ Inspection of programs and premises ‑ Maintenance of records ‑ Confidentiality of records |
| 50-11.1-07.1 |
Notice |
| 50-11.1-07.2 |
Correction orders |
| 50-11.1-07.3 |
Reinspections |
| 50-11.1-07.4 |
Fiscal sanctions |
| 50-11.1-07.5 |
Accumulation of fiscal sanctions |
| 50-11.1-07.6 |
Recovery of fiscal sanctions ‑ Hearing |
| 50-11.1-07.7 |
Disposition of fiscal sanctions |
| 50-11.1-07.8 |
Suspension of license, self‑declaration, or registration document ‑ Assessment upon a report of child abuse or neglect ‑ Notification |
| 50-11.1-08 |
Minimum standards ‑ Rules ‑ Inspection by a governmental unit |
| 50-11.1-09 |
Revocation of license, self‑declaration, or registration document |
| 50-11.1-10 |
Denial or revocation of license, four‑year old program approval, self‑declaration, or registration document ‑ Administrative hearing |
| 50-11.1-11 |
Public agency purchase of early childhood services |
| 50-11.1-11.1 |
Resource and referral services ‑ Authority of department to make grants ‑ Federal funds ‑ Components |
| 50-11.1-12 |
Violation of chapter or rules ‑ Injunction |
| 50-11.1-13 |
Penalty |
| 50-11.1-13.1 |
Penalty for provision of services ‑ When applicable |
| 50-11.1-14 |
Workforce development |
| 50-11.1-14.1 |
Workforce development ‑ Quality improvement ‑ Technical assistance ‑ Capacity building |
| 50-11.1-15 |
Early childhood services advisory board ‑ Membership ‑ Duties |
| 50-11.1-16 |
Self‑declaration ‑ Approved application required ‑ Fees |
| 50-11.1-17 |
Application for self‑declaration ‑ Prerequisites for approval ‑ Approval ‑ Term |
| 50-11.1-18 |
Early childhood inclusion support services program |
| 50-11.1-19 |
Play area regulation |
| 50-11.1-20 |
Staffing requirements |
| 50-11.1-21 |
Four‑year old program ‑ Approval |
| 50-11.1-22 |
Best in class program |
| 50-11.1-23 |
Eligibility for best in class program |
| 50-11.1-24 |
Program data collection ‑ Requirements |
| 50-11.1-25 |
North Dakota early childhood council ‑ Membership ‑ Terms |
| 50-11.1-26 |
North Dakota early childhood council ‑ Duties ‑ Reports |
| 50-11.1-27 |
North Dakota early childhood council members ‑ Reimbursements for expenses |
Chapter 50-11.2 - Foster Care Parent Grievance [Repealed]
Chapter 50-11.3 - Criminal History Record Investigation
| Section |
Section Name |
| 50-11.3-01 |
Criminal history record investigation required |
| 50-11.3-02 |
Criminal history record investigation ‑ Effect of results |
Chapter 50-12 - Child-Placing Agency
| Section |
Section Name |
| 50-12-01 |
Definitions |
| 50-12-02 |
Child‑placing agency licensed ‑ Rules |
| 50-12-02.1 |
Out‑of‑state child‑placing agency license requirements |
| 50-12-03 |
Requirements for licensure and employment ‑ Term ‑ Moral or religious conviction not bar to licensure or employment |
| 50-12-03.1 |
Conviction not bar to licensure or employment ‑ Exceptions |
| 50-12-03.2 |
Criminal history record investigation required |
| 50-12-04 |
Contents of license |
| 50-12-05 |
Department may prescribe form of records ‑ Make rules ‑ Records open for inspection |
| 50-12-06 |
Placement contract |
| 50-12-07 |
Duties of licensee |
| 50-12-07.1 |
Objection to placement for religious or moral convictions or policies ‑ Effect |
| 50-12-08 |
Child must be placed in suitable home ‑ Human service zone may remove child |
| 50-12-09 |
Compensation for child placing |
| 50-12-10 |
Revocation of license ‑ Grounds |
| 50-12-11 |
Revocation of license ‑ False reports |
| 50-12-12 |
Denial or revocation of license ‑ Hearing |
| 50-12-13 |
Appeal from denial or revocation of license |
| 50-12-14 |
Foreign associations placing children in state ‑ Consent of department required |
| 50-12-14.1 |
Conditions for placement of children in state ‑ Consent of department required |
| 50-12-15 |
Resident may bring child into state for permanent care ‑ Report |
| 50-12-16 |
Taking children from state for placement in family homes ‑ Consent of department ‑ Report |
| 50-12-17 |
Licensure requirement ‑ Registration requirement ‑ Penalty |
Chapter 50-13 - Maternity Hospital [Repealed]
Chapter 50-14 - Abandoned Children [Repealed]
Chapter 50-15 - Solicitors for Benevolent Associations [Repealed]
Chapter 50-16 - Community Youth Council
| Section |
Section Name |
| 50-16-01 |
Community youth council authorized |
| 50-16-02 |
Additional members ‑ How appointed |
| 50-16-03 |
Duties of community youth council |
| 50-16-04 |
Bringing council into existence ‑ Organization |
Chapter 50-17 - Public Works - Contracts With Federal Government
| Section |
Section Name |
| 50-17-01 |
Governor authorized to enter into agreements with president of United States for unemployment relief purposes |
| 50-17-02 |
State accepts provisions of agreement ‑ Conditions |
| 50-17-03 |
State derives profit ‑ Proceeds divided with federal government |
| 50-17-04 |
When work may be done on privately owned land |
| 50-17-05 |
Work done on private land ‑ Contract with landowner |
| 50-17-06 |
Work done on private land ‑ Duty of landowner |
| 50-17-07 |
Contract with private landowner ‑ Notice to mortgagee and lienholder |
| 50-17-08 |
Notice ‑ Mailing ‑ Notation by recorder prima facie evidence |
| 50-17-09 |
Contract for work on private land ‑ Mortgagee must object |
Chapter 50-18 - Boarding Homes for Aged and Infirm [Repealed]
Chapter 50-19 - Maternity Homes [Repealed]
Chapter 50-20 - Report of Births [Repealed]
Chapter 50-21 - Nursing Homes and Basic Care Facilities
| Section |
Section Name |
| 50-21-01 |
Revolving loan fund ‑ Appropriation |
| 50-21-02 |
Administration of revolving fund |
| 50-21-02.1 |
Revolving fund deposited in state treasury ‑ Expenditures |
| 50-21-03 |
Amount of loan ‑ Terms and conditions |
| 50-21-04 |
Standards ‑ Administration procedure |
| 50-21-05 |
Powers of Bank of North Dakota |
Chapter 50-22 - Charitable Organizations Soliciting Contributions
| Section |
Section Name |
| 50-22-01 |
Definitions |
| 50-22-02 |
Registration of charitable organization |
| 50-22-02.1 |
Registration of professional fundraiser ‑ Bond required |
| 50-22-02.2 |
Registrant name registration or certificate of authority required |
| 50-22-03 |
Application for license ‑ Contents |
| 50-22-04 |
Information required to be filed annually |
| 50-22-04.1 |
Limitations on amount of payments for solicitation or funding |
| 50-22-04.2 |
Contract or statement filing |
| 50-22-04.3 |
Fraud ‑ Misrepresentation |
| 50-22-05 |
Enforcement ‑ Penalties ‑ Remedies |
| 50-22-06 |
Costs recoverable in court proceeding |
| 50-22-07 |
Rules |
Chapter 50-23 - Medical Assistance for the Aged [Repealed]
Chapter 50-24 - Aid to Aged, Blind or Disabled Program [Repealed]
Chapter 50-24.1 - Medical Assistance for Needy Persons
| Section |
Section Name |
| 50-24.1-00.1 |
Definitions |
| 50-24.1-01 |
Purpose |
| 50-24.1-01.1 |
Department to submit plans and seek waivers |
| 50-24.1-01.2 |
Department may establish and administer state unified dental insurance coverage plan |
| 50-24.1-01.3 |
Department to comply with federal requirements ‑ Interagency cooperation ‑ Civil money penalty fund |
| 50-24.1-01.4 |
Medicaid and Medicare eligible individuals |
| 50-24.1-02 |
Eligibility |
| 50-24.1-02.1 |
Assignment of claim |
| 50-24.1-02.2 |
Community spouse resource allowance |
| 50-24.1-02.3 |
When designated pre‑need funeral service contracts, prepayments, or deposits not to be considered in eligibility determination |
| 50-24.1-02.4 |
Exempt income and resources |
| 50-24.1-02.5 |
Effect of purchase of insurance on disqualifying transfer |
| 50-24.1-02.6 |
Medical assistance benefits ‑ Eligibility criteria (Effective through June 30, 2026) |
| 50-24.1-02.7 |
Workers with disabilities coverage |
| 50-24.1-02.8 |
Transfers involving annuities |
| 50-24.1-02.9 |
Effect of purchase of long‑term care insurance on eligibility for medical assistance benefits |
| 50-24.1-02.10 |
Real estate taxes on rental property as deduction from rental income |
| 50-24.1-03 |
County share of medical assistance ‑ Reimbursement for clinic services not required |
| 50-24.1-03.1 |
Duties of human service zone and department |
| 50-24.1-03.2 |
Investigations ‑ Power of human service zones, department, and employees |
| 50-24.1-03.3 |
Criminal background investigation ‑ Fingerprinting required |
| 50-24.1-04 |
Authority of department |
| 50-24.1-05 |
Date effective |
| 50-24.1-06 |
Remedial eye care ‑ When provided |
| 50-24.1-07 |
Recovery from estate of medical assistance recipient |
| 50-24.1-08 |
Statute of limitations does not run |
| 50-24.1-09 |
Reimbursement of long‑term care facility ‑ Limitation ‑ Allowable costs |
| 50-24.1-10 |
Joint Medicaid payment account ‑ Educationally related services |
| 50-24.1-11 |
Joint Medicaid payment account ‑ North Dakota vision services ‑ school for the blind |
| 50-24.1-12 |
Medical assistance ‑ Services provided by psychologists |
| 50-24.1-13 |
Provider reimbursement rates |
| 50-24.1-14 |
Responsibility for expenditures |
| 50-24.1-15 |
Prehospital emergency medical services |
| 50-24.1-16 |
Reimbursement of ambulance services |
| 50-24.1-16.1 |
Continuous glucose monitoring devices |
| 50-24.1-17 |
Medical assistance for breast or cervical cancer |
| 50-24.1-18 |
Personal care option ‑ Residential habilitation ‑ Community support services |
| 50-24.1-18.1 |
Consumer‑directed health maintenance services ‑ Residing at home |
| 50-24.1-19 |
Oral maxillofacial services ‑ Medical necessity |
| 50-24.1-20 |
Home and community‑based living ‑ Choice of options |
| 50-24.1-21 |
Department to submit plans and seek waivers |
| 50-24.1-22 |
Long‑term care facility information |
| 50-24.1-23 |
Long‑term care facility resident ‑ Medical assistance eligibility |
| 50-24.1-24 |
Provider appeals ‑ Definitions |
| 50-24.1-25 |
Operating costs for developmental disabilities service providers |
| 50-24.1-26 |
Medicaid waivers ‑ In‑home services |
| 50-24.1-27 |
Medical assistance program management |
| 50-24.1-28 |
Medical assistance and Medicare prescription drug management program |
| 50-24.1-28.1 |
Pharmacy management program |
| 50-24.1-29 |
Insurers to provide certain information to the department |
| 50-24.1-30 |
Third‑party liability recovery |
| 50-24.1-31 |
Optional medical assistance for families of children with disabilities |
| 50-24.1-32 |
Medical assistance ‑ Services provided by physician assistants and advanced practice registered nurses ‑ Primary care provider case management program |
| 50-24.1-33 |
Brain injury ‑ Home and community‑based services ‑ Quality control |
| 50-24.1-34 |
Processing of claims submitted on behalf of inmates |
| 50-24.1-35 |
Department to expand Medicaid coverage |
| 50-24.1-36 |
Civil sanction ‑ Costs recoverable ‑ Interest ‑ Appeals |
| 50-24.1-37 |
Medicaid expansion ‑ Legislative management report (Contingent repeal ‑ See note) |
| 50-24.1-38 |
Health‑related services ‑ Licensed emergency medical services personnel |
| 50-24.1-39 |
Behavioral health services ‑ Licensed marriage and family therapists |
| 50-24.1-40 |
Medical assistance ‑ Tribal health care coordination agreements ‑ Continuing appropriation ‑ Report to legislative management |
| 50-24.1-41 |
Medical assistance benefits ‑ Pregnant women ‑ Postpartum |
| 50-24.1-42 |
Automated clearing house payments to medical assistance providers and provider applicants |
| 50-24.1-43 |
Medical assistance benefits - Metabolic supplements |
| 50-24.1-44 |
Interpreter services |
| 50-24.1-45 |
Medical assistance benefits ‑ Family adaptive behavior treatment and guidance ‑ Dental screening and assessments ‑ Dental case management ‑ Teledentistry |
| 50-24.1-46 |
Dual special needs plan |
| 50-24.1-47 |
Family paid caregiver service pilot project (Contingent expiration date ‑ See note) |
| 50-24.1-48 |
Reimbursement of psychiatric residential treatment facilities |
Chapter 50-24.2 - Family Home Care [Repealed]
Chapter 50-24.3 - Preadmission Assessment of Medical Assistance Recipients
| Section |
Section Name |
| 50-24.3-01 |
Targeted case management |
| 50-24.3-02 |
Assessment process ‑ Professional involvement |
| 50-24.3-03 |
Targeted case management ‑ Powers and duties |
| 50-24.3-03.1 |
Assessment services ‑ Powers and duties |
| 50-24.3-04 |
Preadmission assessment of persons |
| 50-24.3-05 |
Facility's duties ‑ Preadmission assessment ‑ Alternative care |
Chapter 50-24.4 - Nursing Home Rates
Chapter 50-24.5 - Aid to Aged, Blind, and Disabled Persons
| Section |
Section Name |
| 50-24.5-01 |
Definitions |
| 50-24.5-02 |
Powers and duties of the department |
| 50-24.5-02.1 |
Registration of assisted living facilities |
| 50-24.5-02.2 |
Basic care facility private room rates |
| 50-24.5-02.3 |
Basic care payment rates |
| 50-24.5-02.4 |
Adult residential facility payment rates ‑ Report |
| 50-24.5-03 |
Powers and duties of human service zone |
| 50-24.5-04 |
Services provided ‑ Limit on cost |
| 50-24.5-05 |
Applicant's or guardian's duty to establish eligibility |
| 50-24.5-06 |
Appropriation of county funds ‑ Reimbursement by department ‑ Reimbursement by county agency |
| 50-24.5-07 |
Residency |
| 50-24.5-08 |
Department has preferred claim against estate |
| 50-24.5-09 |
Responsibility for expenditures |
| 50-24.5-10 |
Compensation for top management personnel ‑ Department to adopt emergency rules |
Chapter 50-24.6 - Medical Assistance Drug Use Review and Authorization
Chapter 50-24.7 - Expanded Service Payments for Elderly and Disabled
| Section |
Section Name |
| 50-24.7-01 |
Definitions |
| 50-24.7-02 |
Powers and duties of the department |
| 50-24.7-03 |
Powers and duties of human service zone |
| 50-24.7-04 |
Applicant's or guardian's duty to establish eligibility |
| 50-24.7-05 |
Department has preferred claim against estate |
| 50-24.7-06 |
Responsibility for expenditures |
| 50-24.7-07 |
Expanded service payments for elderly and disabled ‑ Independent home and community‑based services case manager ‑ Pilot program |
| 50-24.7-08 |
Intensive care coordination ‑ Pilot project |
Chapter 50-24.8 - Medicaid Fraud Control Unit
| Section |
Section Name |
| 50-24.8-01 |
Definitions |
| 50-24.8-02 |
Liability for certain acts ‑ Civil penalty |
| 50-24.8-03 |
Limitation of actions |
| 50-24.8-04 |
Investigation and action by attorney general |
| 50-24.8-05 |
Burden of proof |
| 50-24.8-06 |
Effect of criminal conviction |
| 50-24.8-07 |
Costs and attorney's fees |
| 50-24.8-08 |
Relief from retaliatory actions |
| 50-24.8-09 |
Medicaid fraud control unit |
| 50-24.8-10 |
Powers and duties of Medicaid fraud control unit |
| 50-24.8-11 |
Medicaid fraud ‑ Criminal penalty |
| 50-24.8-11.1 |
Failure to create, retain, and provide records ‑ Penalty |
| 50-24.8-12 |
Investigative demands and administrative subpoenas ‑ Failure to comply - Confidentiality |
| 50-24.8-13 |
Cooperation of governmental agencies with Medicaid fraud control unit |
| 50-24.8-14 |
Authorization to adopt rules |
Chapter 50-25 - Reporting of Child Abuse or Neglect [Repealed]
Chapter 50-25.1 - Child Abuse and Neglect
| Section |
Section Name |
| 50-25.1-01 |
Purpose |
| 50-25.1-02 |
Definitions |
| 50-25.1-03 |
Persons required and permitted to report ‑ To whom reported |
| 50-25.1-03.1 |
Photographs ‑ X‑rays ‑ Medical tests |
| 50-25.1-04 |
Method of reporting |
| 50-25.1-04.1 |
State child protection team ‑ How created ‑ Duties |
| 50-25.1-04.2 |
Child fatality review panel |
| 50-25.1-04.3 |
Child fatality review panel ‑ Duties |
| 50-25.1-04.4 |
Child fatality review panel ‑ Access to records |
| 50-25.1-04.5 |
Child fatality review panel ‑ Confidentiality of meetings, documentation, and reports |
| 50-25.1-05 |
Child protection assessment ‑ Alternative response assessment ‑ Family services assessment |
| 50-25.1-05.1 |
Child abuse or neglect assessment decision ‑ How determined |
| 50-25.1-05.2 |
Report to the court ‑ Entry of report in the child abuse information index |
| 50-25.1-05.3 |
Disposition of reports implicating a person not responsible for the child's health or welfare |
| 50-25.1-05.4 |
Department to adopt rules for review of child protection assessment findings |
| 50-25.1-05.5 |
Child abuse information index ‑ Establishment |
| 50-25.1-05.6 |
Interviews on school property |
| 50-25.1-06 |
Protective and other services to be provided |
| 50-25.1-06.1 |
Caseload standards ‑ Reimbursement |
| 50-25.1-07 |
Protective custody |
| 50-25.1-08 |
Guardian ad litem |
| 50-25.1-09 |
Immunity from liability |
| 50-25.1-09.1 |
Employer retaliation prohibited ‑ Penalty |
| 50-25.1-10 |
Abrogation of privileged communications |
| 50-25.1-11 |
Confidentiality of records ‑ Authorized disclosures |
| 50-25.1-11.1 |
Children's advocacy centers ‑ Confidentiality of records ‑ Criminal history record checks |
| 50-25.1-12 |
Cooperation required |
| 50-25.1-13 |
Penalty for failure to report ‑ Penalty and civil liability for false reports |
| 50-25.1-14 |
Unauthorized disclosure of reports ‑ Penalty |
| 50-25.1-15 |
Abandoned infant ‑ Approved location procedure ‑ Reporting immunity |
| 50-25.1-16 |
Prenatal exposure to controlled substances or alcohol misuse ‑ Reporting requirements |
| 50-25.1-16.1 |
Postpartum exposure to controlled substances or alcohol misuse - Reporting requirements |
| 50-25.1-17 |
Toxicology testing ‑ Requirements |
| 50-25.1-18 |
Prenatal exposure to alcohol misuse ‑ Reporting requirements |
| 50-25.1-19 |
Child protective services duties ‑ Training requirements |
| 50-25.1-20 |
Alternative response assessment ‑ Compliance |
| 50-25.1-21 |
Alternative response assessment ‑ Services |
| 50-25.1-22 |
Family services assessment ‑ Compliance |
| 50-25.1-23 |
Family services assessment ‑ Services |
| 50-25.1-24 |
Evidence-based screening tool records ‑ Confidentiality ‑ Admissibility ‑ Privileged |
Chapter 50-25.2 - Vulnerable Adult Protection Services
| Section |
Section Name |
| 50-25.2-01 |
Definitions |
| 50-25.2-02 |
Adult protective services program ‑ Rules |
| 50-25.2-03 |
Reporting of abuse or neglect ‑ Method of reporting |
| 50-25.2-04 |
Referral of complaints concerning long‑term care facilities |
| 50-25.2-05 |
Evaluation and assessment ‑ Participation by law enforcement agencies ‑ Entry |
| 50-25.2-06 |
Provision of adult protective services |
| 50-25.2-07 |
Refusal or inability to accept adult protective services ‑ Department alternatives |
| 50-25.2-08 |
Cost of adult protective services |
| 50-25.2-09 |
Immunity from liability |
| 50-25.2-10 |
Penalty for failure to report - Penalty and civil liability for false reports |
| 50-25.2-11 |
Retaliation prohibited ‑ Presumption ‑ Penalty |
| 50-25.2-11.1 |
Civil remedy for financial exploitation - Damages - Commencement of action |
| 50-25.2-12 |
Confidentiality of records ‑ Authorized disclosures |
| 50-25.2-13 |
Information, education, and training programs |
| 50-25.2-14 |
Implementation contingent upon appropriation |
Chapter 50-25.3 - Vulnerable Adult Family Visitation Rights
Chapter 50-26 - Council on Human Resources [Repealed]
Chapter 50-27 - Children's Trust Fund
| Section |
Section Name |
| 50-27-01 |
Creation and administration of children's trust fund |
| 50-27-02 |
Expenditures from fund ‑ Definition of child abuse prevention |
| 50-27-03 |
Authority of the children and family services division of the department of health and human services |
Chapter 50-28 - Adoption Assistance
Chapter 50-29 - Children's Health Insurance Program
| Section |
Section Name |
| 50-29-01 |
Definitions |
| 50-29-02 |
Duties of the department |
| 50-29-03 |
Duties of human service zone |
| 50-29-04 |
Plan requirements |
| 50-29-05 |
Limitations of chapter |
| 50-29-06 |
Grants ‑ Gifts ‑ Donations ‑ Continuing appropriation |
Chapter 50-30 - Nursing Facility Alternative Funding
| Section |
Section Name |
| 50-30-01 |
Definitions |
| 50-30-02 |
North Dakota health care trust fund created ‑ Uses ‑ Continuing appropriation |
| 50-30-03 |
Nursing facility alternative grant fund |
| 50-30-04 |
Long‑term care facility loans |
| 50-30-05 |
Department to adopt rules |
| 50-30-06 |
Chapter does not create entitlement |
| 50-30-07 |
Annual cost reports |
| 50-30-08 |
Annual reports by the department |
Chapter 50-31 - Substance Abuse Treatment Programs
| Section |
Section Name |
| 50-31-01 |
Definitions |
| 50-31-02 |
License required |
| 50-31-03 |
Application ‑ Contents |
| 50-31-03.1 |
Fees ‑ Rules |
| 50-31-04 |
Inspection and evaluation of licensed premises |
| 50-31-05 |
Issuance, suspension, and revocation of license |
| 50-31-06 |
Information confidential |
| 50-31-07 |
State opioid treatment authority |
| 50-31-08 |
Opioid treatment programs ‑ Licensure required ‑ Rules |
| 50-31-09 |
Opioid treatment medication unit ‑ Licensure required ‑ Rules |
Chapter 50-32 - Assisted Living Facilities
| Section |
Section Name |
| 50-32-01 |
Definitions |
| 50-32-02 |
Licensing of assisted living facilities ‑ Penalty |
| 50-32-02.1 |
Continuation of existing licenses |
| 50-32-03 |
Powers and duties of the department |
| 50-32-04 |
Assisted living facility health services - Limitations on hospice services |
| 50-32-05 |
Assisted living facilities ‑ Duties ‑ Educational requirements |
Chapter 50-33 - Child Care Assistance
| Section |
Section Name |
| 50-33-01 |
Definitions |
| 50-33-02 |
Child care assistance ‑ Application for benefits ‑ Applicant's duty to establish eligibility ‑ Decisions ‑ Rules |
| 50-33-03 |
Available benefits |
| 50-33-04 |
Caretaker temporarily out of the home |
| 50-33-05 |
State of residence |
| 50-33-06 |
Approved relative provider |
| 50-33-07 |
Sliding fee schedule |
| 50-33-08 |
Limitations on in‑home child care benefits |
Chapter 50-34 - State-Funded Social Services Pilot Program
Chapter 50-35 - State-Funded Human Services
| Section |
Section Name |
| 50-35-01 |
Definitions |
| 50-35-02 |
State‑paid human services ‑ Application ‑ Study ‑ Report to legislative management |
| 50-35-03 |
Payments ‑ Distributions by the director |
| 50-35-04 |
Calculation of payment ‑ Expenditures |
| 50-35-05 |
Human service zone human services fund ‑ Establishment ‑ Fund balance limitations |
| 50-35-06 |
Human service zone human services fund ‑ Transfer |
| 50-35-07 |
Human service finance fund |
Chapter 50-36 - Opioid Settlement
| Section |
Section Name |
| 50-36-01 |
Definitions |
| 50-36-02 |
Opioid settlement fund |
| 50-36-03 |
Opioid settlement advisory committee |
| 50-36-04 |
Department of health and human services ‑ Report to budget section |
| 50-36-05 |
Opioid remediation and abatement spending decisions ‑ Implementation |
| 50-36-06 |
Political subdivisions ‑ Public health units |
Chapter 50-37 - Health Care Sharing Ministries
Title 51 - Sales and Exchanges
Chapter 51-01 - Uniform Sales Act [Repealed]
Chapter 51-02 - Bulk Sales Law [Repealed]
Chapter 51-03 - Hawkers and Peddlers [Repealed]
Chapter 51-04 - Transient Merchants
| Section |
Section Name |
| 51-04-01 |
Definitions |
| 51-04-02 |
Application for license |
| 51-04-02.1 |
Application to attorney general for license |
| 51-04-03 |
License fee ‑ Bond or cash surety ‑ License issuance |
| 51-04-03.1 |
License to be carried by licensee and exhibited on demand |
| 51-04-04 |
Affidavit required for certain sales |
| 51-04-05 |
Failure of affidavit |
| 51-04-06 |
Evidence |
| 51-04-07 |
Service of process ‑ Appointment of agent |
| 51-04-08 |
Certain excepted sales |
| 51-04-08.1 |
Exceptions to requirement of a transient merchant's license |
| 51-04-09 |
Regulation by city or other municipality |
| 51-04-10 |
Penalty |
Chapter 51-05 - Auctioneers and Auction Sales [Repealed]
Chapter 51-05.1 - Auctioneers' and Clerks' Licenses
Chapter 51-06 - Trading Stamps and Devices
| Section |
Section Name |
| 51-06-01 |
Cash value of trading stamps ‑ Redemption |
| 51-06-02 |
Retention of redemption funds |
| 51-06-03 |
Penalty |
Chapter 51-07 - Miscellaneous Provisions
| Section |
Section Name |
| 51-07-00.1 |
Definitions |
| 51-07-01 |
Retail farm implement; lawn and garden equipment; or vehicle dealer may recover price of merchandise upon discontinuance of contract by wholesaler or retail dealer |
| 51-07-01.1 |
Termination of retail contract to be done in good faith ‑ Definition of good cause |
| 51-07-01.2 |
Prohibited practices under farm equipment dealership contracts |
| 51-07-02 |
Prices of implements, machinery, automobiles, and parts ‑ How determined |
| 51-07-02.1 |
Change in automobile or truck franchise agreement ‑ Notification requirements |
| 51-07-02.2 |
Dealership transfers |
| 51-07-02.3 |
Prohibited acts |
| 51-07-02.4 |
Warranty and incentive claims |
| 51-07-03 |
Failure to pay sum specified on cancellation of contract ‑ Liability |
| 51-07-04 |
Selling goods bearing counterfeit trademark ‑ Penalty |
| 51-07-04.1 |
Defacing, destroying, or altering serial numbers on farm machinery ‑ Penalty |
| 51-07-05 |
Goods defined |
| 51-07-06 |
Money warranted genuine on exchange of money |
| 51-07-07 |
Reasonable time to discover defects in engine or machinery ‑ Rescinding contract ‑ When contract void |
| 51-07-08 |
Manufacturers of tractors, engines, farm machinery, and automobiles, firefighting equipment and fire extinguishers, to maintain supply depot in state ‑ Penalty |
| 51-07-09 |
Waiving, releasing, or barring of claim for relief before it actually has accrued prohibited |
| 51-07-10 |
Conditional sales must be in writing and filed |
| 51-07-11 |
Property sold under conditional sale contract not attached, repossessed, or acquired until taxes paid |
| 51-07-12 |
Automobile sales finance contracts ‑ Information of insurance protection to be given ‑ Warning required ‑ Penalty |
| 51-07-13 |
Labeling imported meats sold ‑ Penalty |
| 51-07-14 |
Maximum amount of service charge which wholesalers and manufacturers may charge on overdue accounts |
| 51-07-15 |
Use of electronic or magnetic scanners in retail foodstores ‑ Item pricing required ‑ Exceptions ‑ Penalty |
| 51-07-16 |
Definitions |
| 51-07-17 |
Duty of manufacturer to repair defective passenger motor vehicles |
| 51-07-18 |
Duty to replace defective passenger motor vehicle or refund price ‑ Prerequisite of using available informal dispute settlement process |
| 51-07-18.1 |
Refunds for leased passenger motor vehicles |
| 51-07-19 |
Presumptions |
| 51-07-20 |
Exclusive remedy |
| 51-07-21 |
Limitation of actions |
| 51-07-22 |
Resale of returned passenger motor vehicles ‑ Penalty |
| 51-07-23 |
Unsolicited telefacsimile advertising |
| 51-07-24 |
Insurance claims for excessive charges ‑ Penalty |
| 51-07-25 |
Motor vehicle fuel franchise agreements |
| 51-07-26 |
Succession to ownership of an automobile, truck, or farm equipment dealership |
| 51-07-26.1 |
Refusal to honor succession |
| 51-07-27 |
Restrictions on electronically printed credit card receipts ‑ Penalty |
| 51-07-28 |
Recording devices on motor vehicles ‑ Disclosure ‑ Removal |
| 51-07-28.1 |
Tracking devices on motor vehicles ‑ Disclosure ‑ Removal ‑ Penalty |
| 51-07-29 |
Warranty work compensation |
| 51-07-30 |
Customer contract clauses ‑ Billing examples ‑ Enforcement ‑ Penalty |
| 51-07-31 |
Parts, equipment, and accessory dealers reimbursed for warranty repair |
| 51-07-32 |
Liability for publishing or distributing sexual material harmful to minors ‑ Age verification requirement ‑ Damages |
Chapter 51-08 - Pools and Trusts [Repealed]
Chapter 51-08.1 - Uniform State Antitrust Act
Chapter 51-09 - Unfair Discrimination
| Section |
Section Name |
| 51-09-01 |
Unfair discrimination in purchase and sale of commodities |
| 51-09-02 |
Penalty for unfair discrimination |
| 51-09-03 |
Contracts made in violation of chapter are void |
| 51-09-04 |
Authority of attorney general to investigate and prosecute unfair discrimination when complaint is made |
| 51-09-05 |
Duty of attorney general to bring action to prevent corporation or limited liability company from doing business if the charter or permit canceled |
| 51-09-06 |
Complaint to secretary of state of violation of chapter ‑ Referring complaint to attorney general |
Chapter 51-10 - Unfair Trade Practices Law
| Section |
Section Name |
| 51-10-01 |
Definitions |
| 51-10-02 |
Items advertised, offered for sale, or sold with other items at a combined price ‑ Regulations governing |
| 51-10-03 |
Unfair advertising, offer to sell, or sale |
| 51-10-04 |
Schemes or devices included within sales below cost |
| 51-10-05 |
Advertising, offering, or selling article at less than cost ‑ Penalty |
| 51-10-05.1 |
Powers of attorney general |
| 51-10-05.2 |
Subpoena ‑ Hearing ‑ Rules |
| 51-10-05.3 |
Failure to display information or obey subpoena |
| 51-10-06 |
Injunctional relief may be had in addition to other penalties ‑ Duty to commence actions |
| 51-10-07 |
Application of provisions of chapter |
| 51-10-08 |
No immunity from self‑incrimination |
| 51-10-09 |
Proof of intent ‑ Cost surveys |
| 51-10-10 |
Procedure for establishing cost survey ‑ Hearing ‑ Notice |
| 51-10-11 |
Hearings and investigations ‑ Contempts |
| 51-10-12 |
North Dakota trade commission |
| 51-10-13 |
Appointment and term of members |
| 51-10-14 |
Retailer's license ‑ Penalty |
| 51-10-15 |
Disbursement of funds |
Chapter 51-11 - Fair Trade Law [Repealed]
Chapter 51-12 - False Advertising
| Section |
Section Name |
| 51-12-01 |
False and misleading advertising prohibited |
| 51-12-02 |
Penalty |
| 51-12-02.1 |
Popcorn toppings ‑ Advertisement ‑ Sale ‑ Penalty |
| 51-12-03 |
Enforcement of provision prohibiting false advertisement |
| 51-12-04 |
Prohibiting use of certain federal and related names in sales of merchandise |
| 51-12-05 |
Representation that article has federal relationship prohibited |
| 51-12-06 |
Penalty |
| 51-12-07 |
Injunction |
| 51-12-08 |
False advertising ‑ Generally |
| 51-12-09 |
Representation as to worth or value |
| 51-12-10 |
Real estate |
| 51-12-11 |
Used merchandise or seconds |
| 51-12-12 |
Newspaper ‑ Misrepresenting circulation |
| 51-12-13 |
Penalty |
| 51-12-14 |
Injunction |
| 51-12-15 |
Product rebates ‑ Acceptable mailing addresses |
Chapter 51-13 - Retail Installment Sales Act
| Section |
Section Name |
| 51-13-01 |
Definitions |
| 51-13-02 |
Requirements as to retail installment contracts |
| 51-13-02.1 |
Retail installment contracts ‑ Prohibited provisions |
| 51-13-03 |
Finance charge limitation |
| 51-13-03.1 |
Payment to last‑known holder |
| 51-13-03.2 |
Statement of unpaid balance |
| 51-13-04 |
Cancellation of contract |
| 51-13-05 |
Prepayment of retail installment contract |
| 51-13-06 |
Refinancing retail installment contracts |
| 51-13-06.1 |
Authority to purchase retail installment contracts |
| 51-13-06.2 |
Applicability |
| 51-13-07 |
Enforcement - Powers - Remedies - Penalties |
| 51-13-08 |
Waiver |
Chapter 51-14 - Revolving Charge Accounts
| Section |
Section Name |
| 51-14-01 |
Definitions |
| 51-14-02 |
Contents of revolving charge agreements ‑ Requirements for delivery of monthly statements ‑ Exception |
| 51-14-03 |
Limitation of credit service charge |
| 51-14-03.1 |
Additional charges on revolving charge accounts |
| 51-14-03.2 |
Application of other provisions |
| 51-14-04 |
Scope of chapter ‑ Effective date |
| 51-14-05 |
Penalty |
Chapter 51-14.1 - Credit Cards
| Section |
Section Name |
| 51-14.1-01 |
Definition of credit cards and other terms and imposition of liability on cardholder |
| 51-14.1-02 |
Liability of cardholder |
| 51-14.1-03 |
Acceptance of check not conditioned on disclosure of credit card number ‑ Use of credit card for identification allowed |
| 51-14.1-04 |
Use of credit card when issuer guarantees cardholder checks allowed |
| 51-14.1-05 |
Penalty |
Chapter 51-15 - Unlawful Sales or Advertising Practices
| Section |
Section Name |
| 51-15-01 |
Definitions |
| 51-15-02 |
Unlawful practices ‑ Fraud ‑ Misrepresentation - Unconscionable |
| 51-15-02.1 |
Use of check endorsements for advertising obligations prohibited |
| 51-15-02.2 |
Solicitation of payment by bill, invoice, or statement of account due |
| 51-15-02.3 |
Facilitating and assisting |
| 51-15-03 |
Advertising media excluded |
| 51-15-04 |
Powers of attorney general |
| 51-15-05 |
Subpoena ‑ Hearing ‑ Rules |
| 51-15-06 |
Failure to supply information or obey subpoena |
| 51-15-06.1 |
Assurance of voluntary compliance |
| 51-15-07 |
Remedies ‑ Injunction ‑ Other relief ‑ Receiver ‑ Cease and desist orders ‑ Civil penalties ‑ Costs recoverable in adjudicative proceedings |
| 51-15-08 |
Powers of receiver |
| 51-15-09 |
Claims not barred |
| 51-15-10 |
Costs recoverable |
| 51-15-11 |
Civil penalties |
| 51-15-12 |
Limitation of actions |
Chapter 51-16 - Multilevel Distributorships and Chain Sales Schemes [Repealed]
Chapter 51-16.1 - Pyramid Promotional and Referral Sales Schemes
Chapter 51-17 - Sale of Checks Act [Repealed]
Chapter 51-17.1 - Currency Exchange Businesses
| Section |
Section Name |
| 51-17.1-01 |
Currency exchange ‑ Penalty |
Chapter 51-18 - Regulation of Home Solicitation Sales
| Section |
Section Name |
| 51-18-01 |
Definitions |
| 51-18-02 |
Cancellation period ‑ Method of cancellation ‑ Intent |
| 51-18-03 |
Referral sales ‑ Rebate or discount violations |
| 51-18-04 |
Agreement requirement |
| 51-18-04.1 |
Notice to consumer ‑ Contract requirement for sales by telepromoter |
| 51-18-04.2 |
Credit card charges |
| 51-18-04.3 |
Agreement by telepromoter or seller in violation of chapter void |
| 51-18-05 |
Evidence of indebtedness |
| 51-18-06 |
Time limitation ‑ Disposition of goods |
| 51-18-07 |
Buyer responsibility ‑ Services |
| 51-18-07.1 |
Place of transaction |
| 51-18-08 |
Exceptions |
| 51-18-08.1 |
Waiver |
| 51-18-09 |
Enforcement ‑ Powers ‑ Remedies ‑ Penalty |
Chapter 51-19 - Franchise Investment Law
Chapter 51-20 - Recreation Vehicle Franchises
| Section |
Section Name |
| 51-20-01 |
Definitions |
| 51-20-02 |
Recreation vehicle dealers may recover value of vehicles or parts from distributor in certain cases |
Chapter 51-20.1 - Heavy Construction Equipment Franchise Termination
| Section |
Section Name |
| 51-20.1-01 |
Definitions |
| 51-20.1-02 |
Retail dealers may recover cost of equipment and parts upon discontinuance of contract with distributor |
| 51-20.1-03 |
Termination of contractual arrangements to be done with good cause ‑ Good cause defined |
| 51-20.1-04 |
Determination of retail dealer's reimbursement |
| 51-20.1-05 |
Failure to make reimbursement on cancellation of contract ‑ Liability |
Chapter 51-20.2 - Franchise Merchandise Return
| Section |
Section Name |
| 51-20.2-01 |
Definitions |
| 51-20.2-02 |
Dealers may recover value of merchandise or parts from distributor in certain cases |
| 51-20.2-03 |
Exception |
Chapter 51-21 - Retail Theft Act
| Section |
Section Name |
| 51-21-01 |
Definitions |
| 51-21-02 |
Presumption |
| 51-21-03 |
Detention of suspect ‑ Procedure |
| 51-21-04 |
Civil and criminal immunity for acts of detention |
| 51-21-05 |
Civil remedy against adult shoplifters or the parent of a minor shoplifter |
Chapter 51-22 - Data Processing Information Confidentiality
| Section |
Section Name |
| 51-22-01 |
Definitions |
| 51-22-02 |
Prohibition against disclosure except upon written consent ‑ Application of section |
| 51-22-03 |
Initiation of civil action ‑ Liability for damages ‑ Limitation |
Chapter 51-23 - Commodities Transactions
Chapter 51-24 - Assistive Technology Device Warranties
| Section |
Section Name |
| 51-24-01 |
Definitions |
| 51-24-02 |
Express written warranties for assistive technology devices |
| 51-24-03 |
Warranty claims |
| 51-24-04 |
Remedies ‑ Sales |
| 51-24-05 |
Remedies ‑ Leases |
| 51-24-06 |
Thirty‑day return |
| 51-24-07 |
Sale or lease of a returned assistive technology device |
| 51-24-08 |
Other remedies ‑ Penalties |
Chapter 51-25 - Tobacco Product Manufacturer Sales
Chapter 51-25.1 - Tobacco Product Manufacturer Requirements
| Section |
Section Name |
| 51-25.1-01 |
Definitions |
| 51-25.1-02 |
Certification ‑ Directory |
| 51-25.1-03 |
Agent for service of process |
| 51-25.1-04 |
Reporting of information ‑ Escrow installments |
| 51-25.1-05 |
Penalties ‑ Remedies |
| 51-25.1-06 |
Miscellaneous provisions ‑ Penalties and remedies cumulative ‑ Joint and several liability |
Chapter 51-26 - Farm Equipment Nonconformity Remedies
| Section |
Section Name |
| 51-26-01 |
Definitions |
| 51-26-02 |
Law applicable to breach of new farm machinery warranties ‑ Report of nonconformity required ‑ Repairs ‑ Duty of manufacturer or agent |
| 51-26-03 |
Replacement of farm machinery or refund of purchase price ‑ Allowance deducted for consumer's use ‑ Refund |
| 51-26-04 |
Affirmative defenses |
| 51-26-05 |
Information on remedies to be furnished consumer ‑ Notice of complaint to manufacturer required ‑ Manufacturer's duties |
| 51-26-06 |
Application ‑ Dealers reimbursed for warranty repair |
Chapter 51-27 - Commercial Electronic Mail Consumer Protection
| Section |
Section Name |
| 51-27-01 |
Definitions (Contingent expiration date ‑ See note) |
| 51-27-02 |
False or misleading messages prohibited (Contingent expiration date ‑ See note) |
| 51-27-03 |
Unpermitted or misleading electronic mail ‑ Violation of consumer protection law (Contingent expiration date ‑ See note) |
| 51-27-04 |
Subject disclosure ‑ Violation of consumer protection law (Contingent expiration date ‑ See note) |
| 51-27-05 |
Toll‑free number (Contingent expiration date ‑ See note) |
| 51-27-06 |
Violations ‑ Damages (Contingent expiration date ‑ See note) |
| 51-27-07 |
Blocking of commercial electronic mail by interactive computer service ‑ Immunity from liability (Contingent expiration date ‑ See note) |
| 51-27-08 |
Nonexclusive causes of action, remedies, and penalties (Contingent expiration date ‑ See note) |
| 51-27-09 |
Relationship to federal law (Contingent expiration date ‑ See note) |
| 51-27-10 |
Fraudulent or misleading communications ‑ Penalty |
Chapter 51-28 - Telephone Solicitations
| Section |
Section Name |
| 51-28-01 |
Definitions |
| 51-28-02 |
Use of prerecorded or synthesized voice messages |
| 51-28-03 |
Message requirements |
| 51-28-04 |
Requirements on automatic dialing‑announcing devices |
| 51-28-05 |
Time of day limit |
| 51-28-06 |
Prohibited telephone solicitations |
| 51-28-07 |
Identification by caller |
| 51-28-08 |
Interference with caller identification |
| 51-28-08.1 |
Telephone caller identification system fraud ‑ Exceptions ‑ Definitions |
| 51-28-09 |
Establishment of do‑not‑call list ‑ Federal trade commission do‑not‑call registry |
| 51-28-10 |
Release of information |
| 51-28-11 |
Private enforcement |
| 51-28-12 |
Limitation of actions |
| 51-28-13 |
Powers of the attorney general ‑ Remedies ‑ Injunction ‑ Other relief |
| 51-28-14 |
Cease and desist orders |
| 51-28-15 |
Civil penalties in an adjudicative proceeding |
| 51-28-16 |
Costs recoverable in adjudicative proceeding ‑ Hearing costs |
| 51-28-17 |
Civil penalties in court proceeding |
| 51-28-18 |
Costs recoverable in court proceeding |
| 51-28-19 |
Separate violations ‑ Nonexclusive remedies and penalties |
| 51-28-20 |
Caller identification service nonliability |
| 51-28-21 |
Disposition of fees, penalties, and recoveries |
| 51-28-22 |
Venue |
Chapter 51-29 - Gift Certificates
| Section |
Section Name |
| 51-29-01 |
Definition |
| 51-29-02 |
Expiration dates ‑ Service fees |
| 51-29-03 |
Enforcement ‑ Powers ‑ Remedies ‑ Penalties |
Chapter 51-30 - Notice of Security Breach for Personal Information
| Section |
Section Name |
| 51-30-01 |
Definitions |
| 51-30-02 |
Notice to attorney general and consumers |
| 51-30-03 |
Notice to owner or licensee of personal information |
| 51-30-04 |
Delayed notice |
| 51-30-05 |
Method of notice |
| 51-30-06 |
Alternate compliance |
| 51-30-07 |
Enforcement ‑ Powers ‑ Remedies ‑ Penalties |
Chapter 51-31 - Identity Fraud
| Section |
Section Name |
| 51-31-01 |
Definitions |
| 51-31-02 |
Initial fraud alerts |
| 51-31-03 |
Extended fraud alerts |
| 51-31-04 |
Police reports ‑ Judicial determination of factual innocence |
| 51-31-05 |
Enforcement ‑ Powers ‑ Remedies ‑ Penalties |
Chapter 51-32 - Remote Sales of Tobacco Products
| Section |
Section Name |
| 51-32-01 |
Prohibited acts regarding sale of tobacco products, electronic smoking devices, or alternative nicotine products to an individual under twenty‑one years of age |
| 51-32-02 |
Rule of construction regarding common carriers |
| 51-32-03 |
Electronic mail addresses |
| 51-32-04 |
Disclosure requirements |
| 51-32-05 |
Registration and reporting requirements |
| 51-32-06 |
Taxes |
| 51-32-07 |
Penalties |
| 51-32-08 |
Enforcement |
Chapter 51-33 - Consumer Credit Report Security Freezes
| Section |
Section Name |
| 51-33-01 |
Definitions |
| 51-33-02 |
Right to obtain security freeze |
| 51-33-03 |
Response of consumer reporting agency |
| 51-33-04 |
Temporary lifting or permanent removal of the freeze |
| 51-33-05 |
Response by third party to denial of access |
| 51-33-06 |
Nonapplicability |
| 51-33-07 |
Information to government agencies not affected |
| 51-33-08 |
Fees |
| 51-33-09 |
Changes to information ‑ Written confirmation required |
| 51-33-10 |
Security freeze not applicable to certain consumer reporting agencies |
| 51-33-11 |
Exempt entities |
| 51-33-12 |
Notice of rights |
| 51-33-13 |
Private enforcement |
| 51-33-14 |
Enforcement by attorney general ‑ Powers ‑ Remedies ‑ Separate violations ‑ Venue |
Chapter 51-34 - Telephone Records Protection
| Section |
Section Name |
| 51-34-01 |
Definitions |
| 51-34-02 |
Unauthorized or fraudulent procurement, sale, or receipt of telephone records prohibited ‑ Criminal penalties ‑ Restitution |
| 51-34-03 |
Jurisdiction ‑ Conduct outside this state ‑ Venue ‑ Multiple offenses |
| 51-34-04 |
Nonapplicability to valid legal process and law enforcement |
| 51-34-05 |
Permitted use by telephone companies |
| 51-34-06 |
Information security ‑ No private claim for relief |
| 51-34-07 |
Deceptive act or practice ‑ Enforcement ‑ Powers ‑ Remedies ‑ Venue |
Chapter 51-35 - Purchases by Scrap Metal Dealers
Chapter 51-36 - Assertion of Patent Infringement
| Section |
Section Name |
| 51-36-01 |
Definitions |
| 51-36-02 |
Bad faith assertion of patent infringement prohibited |
| 51-36-03 |
Factors for bad faith assertion of infringement |
| 51-36-04 |
Factors for claim of patent infringement not made in bad faith |
| 51-36-05 |
Bond |
| 51-36-06 |
Private right of action |
| 51-36-07 |
Enforcement - Powers - Remedies - Penalty |
| 51-36-08 |
Exceptions |
Chapter 51-37 - Customer Contract Clauses and Automatic Renewals
Title 52 - Social Security
Chapter 52-01 - Definitions and General Provisions
| Section |
Section Name |
| 52-01-01 |
Definitions |
| 52-01-02 |
Employing unit to keep records ‑ Reports of employing unit ‑ Public inspection prohibited ‑ Exception ‑ Penalty |
| 52-01-03 |
Disclosure of information |
| 52-01-04 |
Penalty for use of list of names for political purposes |
| 52-01-05 |
Declaration of public policy |
| 52-01-06 |
Saving clause |
| 52-01-07 |
Short title |
Chapter 52-02 - Job Service North Dakota
| Section |
Section Name |
| 52-02-01 |
Job service North Dakota created |
| 52-02-02 |
Powers, duties, organization, and methods of procedure of bureau ‑ Seal |
| 52-02-02.1 |
Adult education and training ‑ Grants to students |
| 52-02-03 |
Biennial report ‑ Recommendations by bureau |
| 52-02-04 |
General and special rules and regulations of the bureau ‑ When effective |
| 52-02-05 |
Text of chapter and other rules and regulations to be published by bureau for distribution |
| 52-02-06 |
Merit system and personnel |
| 52-02-07 |
State unemployment insurance advisory council ‑ Composition ‑ Duties ‑ Compensation |
| 52-02-08 |
Bureau to take steps to stabilize employment |
| 52-02-09 |
Job service administration fund |
| 52-02-10 |
Expenditure of moneys in fund |
| 52-02-11 |
Reimbursement of funds |
| 52-02-12 |
Attorney to represent bureau in actions under the North Dakota unemployment compensation law |
| 52-02-13 |
Cooperation with social security board and other federal agencies ‑ Reports |
| 52-02-14 |
Manner of cooperation between state and other states and federal government |
| 52-02-15 |
Reciprocal arrangements with other states and federal government |
| 52-02-16 |
Title to real property acquired with federal funds |
| 52-02-17 |
Trust fund balance ‑ Report to legislative council |
| 52-02-18 |
Independent performance audit |
Chapter 52-02.1 - New Jobs Training
| Section |
Section Name |
| 52-02.1-01 |
Definitions |
| 52-02.1-02 |
Job service North Dakota ‑ Agreements |
| 52-02.1-03 |
New jobs credit from income tax withholding ‑ Continuing appropriation |
| 52-02.1-04 |
Fund ‑ Administration |
| 52-02.1-05 |
Reports to legislative council budget section |
| 52-02.1-06 |
Cost reimbursement option |
Chapter 52-03 - Unemployment Compensation Fund
| Section |
Section Name |
| 52-03-01 |
Unemployment compensation fund ‑ Maintaining and administering ‑ What constitutes |
| 52-03-02 |
State treasurer to be treasurer of unemployment compensation and federal advance interest repayment funds ‑ Issuance of warrants ‑ Additional bond of treasurer |
| 52-03-03 |
Accounts to be kept within unemployment compensation fund |
| 52-03-04 |
Requisitioning and expenditure of funds from various accounts |
| 52-03-05 |
Reimbursements paid and received |
| 52-03-06 |
Discontinuance of unemployment trust fund ‑ Management of funds |
| 52-03-07 |
Administrative use |
| 52-03-08 |
Advances from the federal unemployment account |
Chapter 52-04 - Contributions
| Section |
Section Name |
| 52-04-00.1 |
Definitions |
| 52-04-01 |
Payment of contributions by employer |
| 52-04-01.1 |
Electronic filing of contribution and wage reports ‑ Electronic payment of contributions ‑ Assessments |
| 52-04-02 |
Rates and base of contributions of wages payable by employer |
| 52-04-03 |
Rates and base of contributions of wages paid by employer |
| 52-04-04 |
Separate account of employer's contributions kept |
| 52-04-05 |
Determination of rates |
| 52-04-06 |
Variations in standard rate of contributions ‑ How determined |
| 52-04-06.1 |
Construction project risk protection |
| 52-04-07 |
Benefits paid chargeable to accounts of base‑period employers |
| 52-04-08 |
Succession to predecessor's experience record ‑ Impact of substantial common ownership, management, or control |
| 52-04-08.1 |
Implementation of federal anti‑SUTA dumping legislation |
| 52-04-08.2 |
Transfers of unemployment insurance experience ‑ Recalculation of rates ‑ Definitions ‑ Civil and criminal penalties |
| 52-04-09 |
Classification of employers to determine contributions ‑ Regulations governing |
| 52-04-10 |
Contributions for ensuing year ‑ Notification ‑ Review |
| 52-04-11 |
Unpaid contributions to bear interest ‑ Penalties for failure to file reports ‑ Penalties and interest collected paid into the federal advance interest repayment fund |
| 52-04-11.1 |
Corporate officer personal liability |
| 52-04-12 |
Civil action to collect contributions, interest, penalties, delinquency fees ‑ Service on nonresident employers ‑ Contribution liens ‑ Certificates |
| 52-04-13 |
Priority rights to contributions upon legal dissolutions or distributions |
| 52-04-14 |
Adjustment and refund of contributions |
| 52-04-15 |
Refund of moneys not authorized by provisions of law |
| 52-04-16 |
Limitations on actions brought by bureau |
| 52-04-17 |
Administrative determinations of coverage |
| 52-04-17.1 |
Retroactive payment not required |
| 52-04-18 |
Financing benefits paid to employees of nonprofit organizations |
| 52-04-19 |
Financing benefits paid to employees of the state hospitals or state institutions of higher education |
| 52-04-19.1 |
Financing benefits paid to employees of the state of North Dakota and governmental entities within the state of North Dakota |
| 52-04-20 |
Group accounts |
| 52-04-21 |
Advances from federal unemployment trust fund |
| 52-04-21.1 |
Advances from certain sources other than federal unemployment trust fund |
| 52-04-22 |
Federal advance interest repayment fund ‑ Continuing appropriation |
| 52-04-23 |
Financing benefits paid to employees of Indian tribes |
| 52-04-24 |
Staffing services ‑ Payment of unemployment insurance taxes |
Chapter 52-05 - Election and Termination of Employer's Coverage
| Section |
Section Name |
| 52-05-01 |
Employing unit deemed to be employer for entire calendar year ‑ Exception |
| 52-05-02 |
Employer subject to provisions of law for term of two years |
| 52-05-03 |
Employment not included within law may be deemed subject to provisions of law |
| 52-05-04 |
Termination as employer ‑ Regulations governing |
Chapter 52-06 - Benefits
| Section |
Section Name |
| 52-06-01 |
Conditions required to be eligible for benefits |
| 52-06-02 |
Disqualification for benefits |
| 52-06-03 |
When benefits payable |
| 52-06-04 |
Weekly benefit amount ‑ Average annual wage ‑ Average weekly wage ‑ Minimum weekly benefit amount ‑ Maximum weekly benefit amount ‑ Qualifying wage ‑ Insured worker and insured work defined |
| 52-06-05 |
Maximum potential benefits |
| 52-06-06 |
Weekly benefit for unemployment |
| 52-06-06.1 |
Weekly benefit reduction for child support |
| 52-06-07 |
Wages payable prior to January 1, 1941, deemed wages paid within calendar quarter |
| 52-06-08 |
Claims for benefits ‑ How made |
| 52-06-09 |
Determinations upon claim filed ‑ Contents |
| 52-06-10 |
Determinations in labor dispute cases |
| 52-06-11 |
Determination of benefits for individual who secures work on a regular attachment basis |
| 52-06-12 |
Notice of determinations ‑ Dispensing with |
| 52-06-12.1 |
Determination of eligibility ‑ Notification of charges |
| 52-06-13 |
Notice of appeal from determination ‑ Filing ‑ Hearing ‑ Special notice required |
| 52-06-14 |
Appeal tribunals ‑ How comprised ‑ Duties ‑ Fees ‑ Alternates ‑ Chairman |
| 52-06-15 |
Appeal tribunal's decision ‑ Copy to be furnished ‑ To be final ‑ Exception |
| 52-06-16 |
When redeterminations made by division ‑ Notice |
| 52-06-17 |
Appeal from redetermination ‑ Regulations governing |
| 52-06-18 |
When appeal from original determination treated as appeal from redetermination |
| 52-06-19 |
Review of decision of appeal tribunal by the bureau |
| 52-06-20 |
Procedure in hearings and appeals ‑ Consolidating claims |
| 52-06-21 |
Conclusiveness of determinations and decisions |
| 52-06-22 |
Rule of decision |
| 52-06-23 |
Administering oaths ‑ Taking depositions ‑ Compelling attendance of witnesses and memoranda ‑ Penalty |
| 52-06-24 |
Record of testimony to be kept ‑ Witness fees |
| 52-06-25 |
Order issued by court upon failure to obey subpoena ‑ Failure to obey order |
| 52-06-26 |
Self‑incrimination not to exempt person from testifying ‑ Regulations governing |
| 52-06-27 |
Judicial review of decision ‑ Petition ‑ Filing |
| 52-06-28 |
Bureau entitled to notice upon claim for benefits ‑ Attorney upon judicial review |
| 52-06-29 |
Payment of benefits |
| 52-06-30 |
Assignment of benefits prohibited ‑ Benefits exempt from remedies for collection of debt ‑ Exception |
| 52-06-31 |
Waiver of rights of individual prohibited |
| 52-06-32 |
Individual claiming benefits not to be charged fees by bureau ‑ Fees of individual's attorney |
| 52-06-33 |
Recovery and recoupment - Penalty |
| 52-06-34 |
Benefits payable only to extent provided ‑ State or bureau not liable for excess sums |
| 52-06-35 |
Statements relating to benefit rights and claims to be posted ‑ Regulations governing |
| 52-06-36 |
Factors considered in determining suitability of work and good cause for voluntary leaving |
| 52-06-37 |
Action for libel or slander not to be predicated upon disqualification for benefits |
| 52-06-37.1 |
Applicability of decision to separate proceedings |
| 52-06-38 |
Penalty for making false statement or failure to disclose material fact to obtain or increase benefits |
| 52-06-39 |
Penalty for false statement or failure to disclose material fact to prevent or reduce benefits |
| 52-06-40 |
Penalty for violation or failure to perform duty when no penalty provided |
Chapter 52-06.1 - Shared Work Unemployment Compensation Program [Repealed]
Chapter 52-07 - Benefit Rights of Persons in Military Service [Repealed]
Chapter 52-07.1 - Extended Benefit Program
| Section |
Section Name |
| 52-07.1-01 |
Extended benefit program ‑ Purpose ‑ Effective date |
| 52-07.1-02 |
Administration |
| 52-07.1-03 |
Definitions |
| 52-07.1-04 |
Effect of North Dakota unemployment compensation law provisions relating to regular benefits on claims for, and the payment of, extended benefits |
| 52-07.1-05 |
Eligibility requirements for extended benefits |
| 52-07.1-06 |
Weekly extended benefit amount |
| 52-07.1-07 |
Total extended benefit amount |
| 52-07.1-08 |
Beginning and termination of extended benefit period |
| 52-07.1-08.1 |
Cessation of extended benefits when paid under an interstate claim in a state where extended benefit period is not in effect |
| 52-07.1-08.2 |
Eligibility for extended benefits |
| 52-07.1-08.3 |
Extended benefit reduction for trade readjustment allowances |
| 52-07.1-09 |
Enforcement and carrying out of program for extended benefits |
Chapter 52-08 - North Dakota State Employment Service
| Section |
Section Name |
| 52-08-01 |
Acceptance of Wagner‑Peyser Act by state of North Dakota |
| 52-08-02 |
Job service North Dakota agent of state for Wagner‑Peyser Act |
| 52-08-03 |
Job service North Dakota ‑ Offices maintained |
| 52-08-04 |
Merit system and personnel ‑ Agreements for free employment service |
| 52-08-05 |
Director of employment service ‑ Duties |
| 52-08-06 |
Financing of employment service ‑ Regulations governing |
| 52-08-07 |
Administration and organization of employment service |
| 52-08-08 |
Institution to serve workforce needs |
| 52-08-09 |
Workforce training board ‑ Formation |
| 52-08-10 |
Preparation of business plan ‑ Revolving loans |
| 52-08-11 |
Performance measurements for workforce training |
| 52-08-12 |
Workforce training funds ‑ Distribution |
| 52-08-13 |
Job task analysis services ‑ Testing services ‑ Job fair services ‑ Personal re-employment account services ‑ Authorization to charge fees ‑ Continuing appropriation |
Chapter 52-08.1 - North Dakota Workforce 20/20 Program
| Section |
Section Name |
| 52-08.1-01 |
North Dakota workforce 20/20 policy and goals |
| 52-08.1-02 |
North Dakota workforce 20/20 program administration |
| 52-08.1-03 |
North Dakota workforce 20/20 priority of industry requirements |
| 52-08.1-04 |
North Dakota workforce 20/20 program implementation and coordination |
| 52-08.1-05 |
North Dakota workforce 20/20 application procedure |
| 52-08.1-06 |
North Dakota workforce 20/20 gifts and grants |
Chapter 52-09 - Old-Age and Survivor Insurance [Repealed]
Chapter 52-10 - Public Employees Under Federal Social Security
| Section |
Section Name |
| 52-10-01 |
Declaration of policy |
| 52-10-02 |
Definitions |
| 52-10-03 |
Federal‑state agreement ‑ Interstate instrumentalities |
| 52-10-03.1 |
Modification of federal‑state agreement to exclude certain students |
| 52-10-03.2 |
Authority of executive director ‑ Social security coverage for national guard employees |
| 52-10-04 |
Contributions by employees of the state and of political subdivisions |
| 52-10-05 |
Plans for coverage of employees of political subdivisions |
| 52-10-06 |
Social security contribution fund |
| 52-10-07 |
Referenda and certification |
| 52-10-08 |
Rules and regulations |
| 52-10-09 |
Studies and reports |
| 52-10-10 |
Identification of enlarged or reorganized public school district ‑ Liability of surviving district |
| 52-10-11 |
Systems divided ‑ Referendum on social security |
Chapter 52-11 - Retirement Program for Certain State Employees
| Section |
Section Name |
| 52-11-01 |
Retirement for certain state employees |
Chapter 52-12 - State Employees' Medical and Life Insurance Plans [Repealed]
Title 53 - Sports and Amusements
Chapter 53-01 - Commissioner of Combative Sports
| Section |
Section Name |
| 53-01-01 |
Definition |
| 53-01-01.1 |
Mixed fighting style competition ‑ Definition |
| 53-01-02 |
Administration by secretary of state ‑ Appointment of commission of combative sports |
| 53-01-03 |
Restrictions |
| 53-01-04 |
Commissioners ‑ Reimbursement for expenses |
| 53-01-05 |
Boxing and wrestling commissioner ‑ Appointment ‑ Duties ‑ Salary ‑ Expenses |
| 53-01-06 |
Official bond of boxing and wrestling commissioner |
| 53-01-07 |
Duties of state commissioner of combative sports |
| 53-01-08 |
Biennial report to governor |
| 53-01-09 |
Fees paid into special fund ‑ Continuing appropriation |
| 53-01-10 |
Application for license ‑ Terms of license |
| 53-01-11 |
Bond required with application for license |
| 53-01-12 |
Annual license fee for exhibitions |
| 53-01-13 |
Restrictions on licensee |
| 53-01-14 |
Books and records of exhibitor open to inspection ‑ Canceling license |
| 53-01-15 |
Licensing of boxers, managers, and referees ‑ Fee |
| 53-01-16 |
Amateur and professional exhibitions |
| 53-01-17 |
Exhibitions also governed by local ordinance |
| 53-01-18 |
Certain exhibitions exempt |
| 53-01-19 |
Penalty |
Chapter 53-02 - Dances, Dancing Places, and Musical Performances
| Section |
Section Name |
| 53-02-01 |
Definitions |
| 53-02-02 |
Permit for public dance, music festival, or public concert required ‑ Exception |
| 53-02-03 |
Who shall issue permits ‑ Permit not transferable |
| 53-02-04 |
Refusal of permit ‑ Reasons in writing ‑ Appeal |
| 53-02-05 |
Application for permit ‑ Special permits |
| 53-02-06 |
Inquiry by governing body as to granting a permit |
| 53-02-07 |
Public dancing place ‑ Restrictions |
| 53-02-08 |
Officer of law to be in attendance at public dance, music festival, or public concert |
| 53-02-09 |
Refusal and revocation of permit for cause |
| 53-02-10 |
Admission of certain minors to public dance prohibited ‑ Exception |
| 53-02-11 |
Notice as to minors ‑ Posting required |
| 53-02-12 |
Dancing prohibited on premises adjacent to premises where liquor sold ‑ Penalty |
| 53-02-13 |
Failure of officers to enforce ‑ Ground for removal |
| 53-02-14 |
Penalty |
| 53-02-15 |
General penalty |
Chapter 53-03 - Carnivals
| Section |
Section Name |
| 53-03-01 |
Definitions |
| 53-03-02 |
Carnivals ‑ When permitted ‑ Prohibitions |
| 53-03-03 |
Permit required ‑ Terms upon which granted |
| 53-03-04 |
Powers and duties of governing body or fair board |
| 53-03-05 |
Authority of governing body and fair board |
| 53-03-06 |
Board to enforce provisions ‑ Free access of officers |
| 53-03-07 |
Permit in possession of board ‑ To be shown |
| 53-03-08 |
Penalty |
Chapter 53-04 - Licensing of Amusement Games
| Section |
Section Name |
| 53-04-01 |
Definitions |
| 53-04-02 |
Annual license required ‑ Fee |
| 53-04-03 |
Annual license required ‑ Fee |
| 53-04-04 |
Annual license fee |
| 53-04-05 |
Administering and enforcing provisions of chapter ‑ Confiscation of machines and devices |
| 53-04-06 |
License to be displayed |
| 53-04-07 |
All money remitted to state treasurer |
| 53-04-08 |
Penalty |
Chapter 53-04.1 - Amusement Concessions
Chapter 53-05 - Restrictions Relating to Amusements
| Section |
Section Name |
| 53-05-01 |
Definitions |
| 53-05-02 |
Carnivals ‑ When prohibited ‑ Exceptions |
| 53-05-03 |
Exhibitions ‑ Filing |
| 53-05-04 |
Service of process upon secretary of state |
| 53-05-05 |
Definition of physical endurance contests ‑ Prohibited |
| 53-05-06 |
Penalty |
| 53-05-07 |
Amusement places ‑ Penalty for screening |
| 53-05-08 |
Minors not allowed in certain public places ‑ Exception ‑ Penalty |
Chapter 53-05.1 - Amusement Rides
Chapter 53-06 - Licensing Games and Amusements [Repealed]
Chapter 53-06.1 - Games of Chance
| Section |
Section Name |
| 53-06.1-01 |
Definitions |
| 53-06.1-01.1 |
Gaming commission |
| 53-06.1-01.2 |
Duty of attorney general to participate in certain hearings ‑ Employment of private counsel by commission |
| 53-06.1-02 |
Organizations eligible ‑ Use of net proceeds |
| 53-06.1-02.1 |
Waiver of two‑year active requirement ‑ Local permit |
| 53-06.1-03 |
Permits, site authorization, and licenses ‑ Organization requirements ‑ Site inspection |
| 53-06.1-03.1 |
Bingo sites ‑ Limit on rent |
| 53-06.1-03.2 |
Twenty‑one sites ‑ Limit on rent |
| 53-06.1-03.3 |
Pull tab sites ‑ Limit on rent |
| 53-06.1-03.4 |
Electronic video gaming devices ‑ Limit on rent |
| 53-06.1-04 |
College fraternities and sororities allowed to conduct raffles, sports pools, and bingo ‑ Use of proceeds |
| 53-06.1-05 |
Local permit for educational organizations, college fraternities, and sororities for raffles, sports pools, and bingo |
| 53-06.1-05.1 |
Regulation by city or county of number of twenty‑one tables per site and number of sites per licensed organization |
| 53-06.1-06 |
Persons permitted to conduct games ‑ Equipment |
| 53-06.1-06.1 |
Local work permits |
| 53-06.1-07 |
Games allowed |
| 53-06.1-07.1 |
Limitations on hours and participation |
| 53-06.1-07.2 |
Poker |
| 53-06.1-07.3 |
Calcuttas |
| 53-06.1-07.4 |
Paddlewheels |
| 53-06.1-08 |
Punchboards and pull tabs |
| 53-06.1-08.1 |
Limitation on pull tab prizes |
| 53-06.1-08.2 |
Electronic pull tab device requirements |
| 53-06.1-09 |
Sports pools |
| 53-06.1-10 |
Twenty‑one |
| 53-06.1-10.1 |
Raffles |
| 53-06.1-10.2 |
Electronic quick shot bingo |
| 53-06.1-11 |
Gross proceeds ‑ Allowable expenses ‑ Rent limits |
| 53-06.1-11.1 |
Restricted use of money in certain political activities ‑ Eligible uses of net proceeds |
| 53-06.1-11.2 |
Charitable gaming operating fund ‑ Attorney general ‑ Allocations ‑ Transfer to the general fund |
| 53-06.1-12 |
Gaming tax ‑ Deposits (Retroactive application - See note) |
| 53-06.1-12.1 |
Deposits |
| 53-06.1-12.2 |
Pull tab excise tax |
| 53-06.1-12.3 |
Interest, penalty, and estimated tax |
| 53-06.1-12.4 |
Charitable gaming technology fund ‑ Continuing appropriation |
| 53-06.1-13 |
Examination of books and records |
| 53-06.1-13.1 |
Financial statements |
| 53-06.1-14 |
Distributors and manufacturers |
| 53-06.1-15 |
Form and display of license and local permit |
| 53-06.1-15.1 |
Authority of the attorney general |
| 53-06.1-15.2 |
Attorney general may bring civil action for collection of fees and tax and to force compliance |
| 53-06.1-15.3 |
Exchange and secrecy of information regarding the internal revenue service |
| 53-06.1-15.4 |
Conditional license ‑ Issuance |
| 53-06.1-16 |
Violation of law or rule ‑ Fraudulent scheme or technique to cheat or skim unlawful ‑ Penalty |
| 53-06.1-16.1 |
Bogus chips, marked cards, cheating devices, or fraudulent schemes unlawful ‑ Penalty |
| 53-06.1-16.2 |
License suspension or revocation ‑ Ineligibility for local permit |
| 53-06.1-17 |
Rules |
| 53-06.1-18 |
Compulsive gambling prevention, awareness, crisis intervention, rehabilitation, and treatment services |
Chapter 53-06.2 - Pari-Mutuel Horse Racing
| Section |
Section Name |
| 53-06.2-01 |
Definitions |
| 53-06.2-02 |
Racing commission ‑ Members ‑ Appointment ‑ Term ‑ Qualifications ‑ Compensation |
| 53-06.2-03 |
Executive director of racing ‑ Appointment ‑ Qualifications ‑ Salary ‑ Duties ‑ Other personnel |
| 53-06.2-04 |
Duties of commission |
| 53-06.2-04.1 |
North Dakota‑bred registry |
| 53-06.2-05 |
Powers of commission |
| 53-06.2-06 |
Organizations eligible to conduct racing and simulcast pari‑mutuel wagering |
| 53-06.2-07 |
Issuance of licenses ‑ Applications |
| 53-06.2-08 |
License authorization and fees |
| 53-06.2-09 |
Allotment of racing days |
| 53-06.2-10 |
Certificate system ‑ Rules |
| 53-06.2-10.1 |
Simulcast wagering |
| 53-06.2-11 |
Bet payoff formulas ‑ Uses by licensee of funds in excess of expenses ‑ Payment to general fund |
| 53-06.2-12 |
Audits and investigations by state auditor |
| 53-06.2-13 |
Duty of attorney general to participate in certain hearings and to conduct investigations ‑ Employment of private counsel by commission |
| 53-06.2-14 |
Denial, suspension, and revocation of licenses ‑ Reasons |
| 53-06.2-15 |
Revocation, suspension, fine ‑ Procedure |
| 53-06.2-16 |
Prohibited acts ‑ Penalties |
Chapter 53-07 - Outdoor Recreation Agency [Repealed]
Chapter 53-08 - Liability Limited for Owner of Recreation Lands
| Section |
Section Name |
| 53-08-01 |
Definitions |
| 53-08-02 |
Duty of care of owner |
| 53-08-03 |
Not invitee or licensee of landowner |
| 53-08-04 |
Leased land to state or political subdivisions |
| 53-08-05 |
Failure to warn against dangerous conditions ‑ Charge to enter |
| 53-08-06 |
Duty of care or liability for injury |
Chapter 53-09 - Skiing Responsibility Act
| Section |
Section Name |
| 53-09-01 |
Legislative purpose |
| 53-09-02 |
Definitions |
| 53-09-03 |
Duties of ski operators with respect to ski areas |
| 53-09-04 |
Duties of ski area operators with respect to aerial passenger tramways |
| 53-09-05 |
Duties of passengers |
| 53-09-06 |
Duties of skiers |
| 53-09-07 |
Liability of ski area operators |
| 53-09-08 |
Liability of passengers |
| 53-09-09 |
Liability of skiers |
| 53-09-10 |
Effect of modified comparative fault |
| 53-09-11 |
Warning to users |
Chapter 53-10 - Equine Activity Sponsor or Professional
| Section |
Section Name |
| 53-10-01 |
Definitions |
| 53-10-02 |
Liability of equine activity sponsor or equine professional limited |
Chapter 53-11 - Contest Prize Notices
Chapter 53-12 - Lottery [Repealed]
Chapter 53-12.1 - Lottery
| Section |
Section Name |
| 53-12.1-01 |
Definitions |
| 53-12.1-02 |
Lottery ‑ Administration ‑ Line of credit |
| 53-12.1-03 |
Director ‑ Responsibilities |
| 53-12.1-04 |
Advisory commission ‑ Penalty |
| 53-12.1-05 |
Competitive bidding ‑ Investigation of a vendor |
| 53-12.1-06 |
Retailer application ‑ Fees ‑ Display of license |
| 53-12.1-07 |
Selection and qualifications of a retailer |
| 53-12.1-08 |
Purchase of ticket or payment of prize to certain individuals prohibited ‑ Price of a ticket ‑ Sale by retailer only ‑ Second chance drawings ‑ Prize paid to owner of a winning ticket ‑ Prize subject to taxation ‑ Discharge of liability ‑ Penalty |
| 53-12.1-09 |
Operating fund ‑ Continuing appropriation ‑ Authorization of disbursements ‑ Report ‑ Net proceeds |
| 53-12.1-10 |
Administrative and other operating costs of the lottery ‑ Lottery operating fund |
| 53-12.1-11 |
Confidentiality of records |
| 53-12.1-12 |
Setoff of prize |
| 53-12.1-13 |
Rules |
Chapter 53-13 - Agritourism Activity Registration and Liability
| Section |
Section Name |
| 53-13-01 |
Definitions |
| 53-13-02 |
Registration ‑ Requirements |
| 53-13-03 |
Registered agritourism operators - Maintenance of list |
| 53-13-04 |
Notice regarding liability - Requirements |
| 53-13-05 |
Participant in agritourism activity - Assumption of risk |
| 53-13-06 |
Liability of registered agritourism operator |
| 53-13-07 |
Division of tourism - Copy of law - Provision to registered agritourism operator |
Title 54 - State Government
Chapter 54-01 - Sovereignty and Jurisdiction of State
| Section |
Section Name |
| 54-01-01 |
Original and ultimate title to all property in state |
| 54-01-02 |
When property escheats |
| 54-01-02.1 |
Unclaimed funds defined |
| 54-01-02.2 |
Notice of unclaimed funds |
| 54-01-02.3 |
Disposal of unclaimed funds |
| 54-01-03 |
State may acquire property by taxation |
| 54-01-04 |
State may acquire property by right of eminent domain |
| 54-01-05 |
State may acquire property by eminent domain for state institution |
| 54-01-05.1 |
State‑owned land ‑ How transferred |
| 54-01-05.2 |
Sale of state‑owned land ‑ Notice |
| 54-01-05.3 |
Attorney general to review bills providing for sale of land ‑ Commissioner of university and school lands to render opinion on land use |
| 54-01-05.4 |
Impact analysis ‑ Governor to require |
| 54-01-05.5 |
Bills authorizing sale or exchange of state‑owned land ‑ Written report ‑ Assessment |
| 54-01-06 |
Jurisdiction over property in state ‑ Limitations |
| 54-01-07 |
Legislative consent to purchase of lands by United States ‑ Jurisdiction |
| 54-01-08 |
Jurisdiction ceded to lands acquired by United States for military post |
| 54-01-09 |
Ceding to the United States exclusive jurisdiction over certain lands which are part of the Fort Lincoln military reservation |
| 54-01-09.1 |
State offenses ‑ Concurrent jurisdiction ceded to the United States (Contingent effective date - See note) |
| 54-01-09.2 |
Concurrent jurisdiction ‑ Vested upon acceptance |
| 54-01-09.3 |
Retrocession of jurisdiction ‑ Acceptance ‑ Filing |
| 54-01-09.4 |
United States military installations ‑ Concurrent jurisdiction |
| 54-01-10 |
State may accept military and Indian reservations |
| 54-01-10.1 |
Acceptance of Fraine Barracks |
| 54-01-11 |
Who has charge of property ceded by United States to state |
| 54-01-12 |
Exchange of lands on Indian reservation between state and federal government |
| 54-01-13 |
Exchange of lands on Fort Berthold reservation |
| 54-01-13.1 |
Exchange of lands within Theodore Roosevelt National Park |
| 54-01-13.2 |
Appraisal |
| 54-01-13.3 |
Conveyance |
| 54-01-14 |
Lease of land to northern great plains dairy station ‑ When to terminate |
| 54-01-15 |
Acquisition of national forest lands by United States ‑ Jurisdiction of state over such lands |
| 54-01-16 |
Power of Congress to make rules governing land acquired for national forests |
| 54-01-17 |
Right of way over state lands |
| 54-01-17.1 |
Granting easements to state‑owned land ‑ Procedure |
| 54-01-17.2 |
North Dakota‑Saskatchewan‑Manitoba boundary advisory committee |
| 54-01-18 |
All persons within the state subject to its jurisdiction and entitled to protection |
| 54-01-19 |
Rights of state over persons enumerated |
| 54-01-20 |
The people defined |
| 54-01-21 |
Citizens defined |
| 54-01-22 |
Persons not citizens |
| 54-01-23 |
Duty of citizens ‑ Allegiance defined ‑ How renounced |
| 54-01-24 |
Rights and duties of citizens not electors |
| 54-01-25 |
Rights and duties of citizens of other states |
| 54-01-26 |
Residence ‑ Rules for determining |
| 54-01-27 |
Lease of state‑owned property |
| 54-01-28 |
Northern plains national heritage area ‑ Use of state funds and property prohibited unless approved by legislative assembly |
| 54-01-29 |
Prohibition on the purchase of certain real property and easements with public funds |
| 54-01-29.1 |
Federal legislation encouraged to return lands and mineral rights to the state of North Dakota |
Chapter 54-01.1 - Relocation Assistance
| Section |
Section Name |
| 54-01.1-01 |
Declaration of policy |
| 54-01.1-02 |
Definitions |
| 54-01.1-03 |
Moving and related expenses |
| 54-01.1-04 |
Replacement housing for homeowners |
| 54-01.1-05 |
Replacement housing for tenants and certain others |
| 54-01.1-06 |
Relocation assistance advisory programs |
| 54-01.1-07 |
Assurance of availability of housing |
| 54-01.1-08 |
Adoption of rules and regulations |
| 54-01.1-09 |
Administration |
| 54-01.1-10 |
Fund availability |
| 54-01.1-11 |
State participation in cost of local relocation payments and services |
| 54-01.1-12 |
Displacement by federally assisted building code enforcement or by voluntary rehabilitation |
| 54-01.1-13 |
Payments not to be considered as income or resources |
| 54-01.1-14 |
Appeal procedure |
| 54-01.1-15 |
Payments not element of condemnation damages |
| 54-01.1-16 |
Real property acquisition policies |
Chapter 54-02 - State Emblems, Symbols, and Awards
Chapter 54-03 - Legislative Assembly
| Section |
Section Name |
| 54-03-01 |
State legislative apportionment |
| 54-03-01.1 |
Numbering legislative districts ‑ Classes of senators to provide staggered terms |
| 54-03-01.2 |
Legislative subdistricting ‑ Methods |
| 54-03-01.3 |
Election on petition ‑ Ballot form ‑ Vote required |
| 54-03-01.4 |
Amendment to the Constitution of the United States ‑ Results |
| 54-03-01.5 |
Legislative redistricting requirements |
| 54-03-01.6 |
State legislative apportionment |
| 54-03-01.7 |
State legislative apportionment |
| 54-03-01.8 |
Staggering of the terms of senators |
| 54-03-01.9 |
Legislative redistricting |
| 54-03-01.10 |
Staggering of terms of representatives |
| 54-03-01.11 |
Legislative redistricting |
| 54-03-01.12 |
Legislative districts |
| 54-03-01.13 |
Staggering of terms of members of the legislative assembly |
| 54-03-01.14 |
Legislative districts |
| 54-03-01.15 |
Staggering of terms of members of the legislative assembly |
| 54-03-02 |
When legislative assembly meets |
| 54-03-02.1 |
Definitions |
| 54-03-02.2 |
Virtual session of the legislative management and legislative assembly during emergency or disaster |
| 54-03-03 |
Secretary of senate and chief clerk of house to receive certifications and to make roll of members ‑ Certificates filed |
| 54-03-04 |
Organizational session ‑ Calling to order ‑ Officers ‑ Term of office ‑ Officers and chairmen to remain in office during special session |
| 54-03-05 |
Who to administer oath of office to members and officers of the legislative assembly |
| 54-03-06 |
Chairman of committee may administer oath |
| 54-03-07 |
Qualifications of members ‑ Each house to judge |
| 54-03-08 |
Selection of officers and employees of legislative assembly |
| 54-03-09 |
Oath of officers |
| 54-03-10 |
Compensation of speaker, majority and minority leaders, assistant majority and minority leaders, committee chairmen, and employees |
| 54-03-11 |
Payment of legislative costs and expenses ‑ President pro tempore of the senate and speaker of the house jointly approve vouchers |
| 54-03-12 |
Duties of secretary of senate and chief clerk of house |
| 54-03-13 |
Duties of secretary of senate and chief clerk of house after legislative session |
| 54-03-14 |
Removal of officers or employees |
| 54-03-15 |
Discharge of officers and employees |
| 54-03-16 |
Legislative expense ‑ Appropriation |
| 54-03-17 |
Punishment by each house for offenses |
| 54-03-18 |
Penalty |
| 54-03-19 |
Seal to be affixed to bills |
| 54-03-19.1 |
Legislative compensation commission ‑ Appointment of members |
| 54-03-19.2 |
Meetings ‑ Powers and duties ‑ Expenses |
| 54-03-20 |
Compensation and expense reimbursement of members of the legislative assembly |
| 54-03-20.1 |
Compensation for attending legislators |
| 54-03-20.2 |
Creation of legislative compensation commission ‑ Appointment of members |
| 54-03-20.3 |
Meetings ‑ Powers and duties ‑ Expenses |
| 54-03-21 |
Conflict of interest ‑ Prohibition ‑ Misdemeanor |
| 54-03-22 |
When party or attorney is member of legislative assembly |
| 54-03-23 |
Century Code distributed to each legislator ‑ Retention |
| 54-03-24 |
Administrative code |
| 54-03-25 |
Bills and amendments affecting workforce safety and insurance fund ‑ Actuarial impact statement |
| 54-03-26 |
Personal computers and associated software used by legislators ‑ Fee ‑ Continuing appropriation |
| 54-03-27 |
Service in the legislative assembly ‑ Leave of absence from employment |
| 54-03-28 |
Health insurance mandated coverage of services ‑ Cost‑benefit analysis requirement |
| 54-03-29 |
Acceptance of gifts ‑ Continuing appropriation |
| 54-03-30 |
Audio recording of floor sessions |
| 54-03-31 |
Federal health care reform law |
| 54-03-32 |
Review of presidential executive orders ‑ Restriction |
| 54-03-33 |
Certification of delegates to United States convention of the states |
| 54-03-34 |
Dynamic fiscal impact bill selection committee |
| 54-03-35 |
Legacy fund ‑ Cost‑benefit analysis ‑ Legacy and budget stabilization fund advisory board ‑ State retirement and investment office ‑ Legislative management procedures |
Chapter 54-03.1 - Organizational Session
Chapter 54-03.2 - Conduct of Legislative Investigations
Chapter 54-03.3 - Compact for a Balanced Budget
| Section |
Section Name |
| 54-03.3-01 |
Adoption of compact |
Chapter 54-04 - Engrossing and Enrolling Legislative Bills [Repealed]
Chapter 54-05 - Legislative Lobbying [Repealed]
Chapter 54-05.1 - Legislative Lobbying
| Section |
Section Name |
| 54-05.1-01 |
Legislative intent |
| 54-05.1-02 |
Applicability ‑ Meaning of lobbyist |
| 54-05.1-03 |
Registration as a lobbyist ‑ Fee ‑ Filing of information ‑ Public inspection ‑ Certificate of registration |
| 54-05.1-04 |
Powers of secretary of state ‑ Granting and revoking of certificates ‑ Referrals and reports to the attorney general |
| 54-05.1-05 |
Invitations and gifts to legislators |
| 54-05.1-06 |
Unlawful means to influence legislative assembly |
| 54-05.1-07 |
Penalty |
Chapter 54-06 - General Provisions
| Section |
Section Name |
| 54-06-01 |
Definitions |
| 54-06-02 |
State officers reside at capital |
| 54-06-03 |
Report of state officers and boards |
| 54-06-04 |
Form and number of reports to be submitted |
| 54-06-04.1 |
State agencies, departments, and institutions charging fees shall make reports |
| 54-06-04.2 |
Information to employees on state employee health and retirement and social security benefit program contributions and premiums paid by the state |
| 54-06-04.3 |
Joint publication and distribution of information by state agencies ‑ Fees |
| 54-06-05 |
Office of management and budget may condense report ‑ Number of copies of report |
| 54-06-06 |
Salaries of state officers and employees ‑ Periodic payment |
| 54-06-07 |
Salaries full compensation ‑ Fees paid over to state treasurer |
| 54-06-08 |
Record of fees kept by state officers ‑ Report to state treasurer |
| 54-06-08.1 |
Clearing accounts and cash balances maintained by state agencies |
| 54-06-08.2 |
Payment by credit or debit card or by electronic fund transfer ‑ State credit card processor ‑ Fees |
| 54-06-09 |
Mileage and travel expense of state officers and employees |
| 54-06-09.1 |
Certification of unlawful expense and traveling account ‑ Penalty ‑ Action for violation |
| 54-06-10 |
Out‑of‑state travel ‑ Authorization necessary |
| 54-06-11 |
Amounts of bonds of state officers |
| 54-06-12 |
Publishing false statements ‑ Penalty |
| 54-06-13 |
Salary limitations suspended |
| 54-06-14 |
Annual leave and sick leave for state employees |
| 54-06-14.1 |
State leave sharing program |
| 54-06-14.2 |
State sick leave sharing program |
| 54-06-14.3 |
Disaster services, emergency medical services, and firefighter volunteers ‑ Leave |
| 54-06-14.4 |
State employee leave for organ or bone marrow donation |
| 54-06-14.5 |
Use of sick leave and annual leave - Birth or adoption - Family leave priority |
| 54-06-14.6 |
Sick leave for consequences of domestic violence, a sex offense, stalking, or terrorizing |
| 54-06-14.7 |
State leave sharing program ‑ Rulemaking (Retroactive application ‑ See note) |
| 54-06-15 |
Failure of officials and employees working in capitol building to return keys upon termination of employment ‑ Duty of person in charge of employing unit ‑ Payment of fee in lieu of return ‑ Retention of final warrant for salary or wage |
| 54-06-16 |
Minimum wage standards for employees of state |
| 54-06-17 |
Certain rental‑purchase‑type agreements authorized |
| 54-06-18 |
Director to authorize postage meters |
| 54-06-19 |
Appointive boards, commissions, committees, and councils ‑ Gender balance |
| 54-06-20 |
Indigent civil legal services fund ‑ Distribution ‑ Continuing appropriation ‑ Records |
| 54-06-21 |
Public employee personnel records ‑ Administration ‑ Access |
| 54-06-22 |
Crime victims' account ‑ Administration |
| 54-06-23 |
Child care services provided by state agency or institution |
| 54-06-24 |
State employee suggestion incentive program |
| 54-06-24.1 |
Telecommuting incentive program for state employees |
| 54-06-25 |
State employees compensation commission ‑ Appointment of members |
| 54-06-26 |
Use of state telephones by state officials and employees |
| 54-06-27 |
Emergency service volunteers ‑ Leave |
| 54-06-28 |
Emergency service volunteers ‑ Temporary leave for firefighters, emergency radio operators, medical service providers, and civil air patrol |
| 54-06-29 |
Expenses incurred to collect funds owed the state ‑ Continuing appropriation |
| 54-06-30 |
State employee performance bonus program ‑ Criteria ‑ Limitations |
| 54-06-31 |
State employee recruitment and retention bonus programs ‑ Criteria ‑ Limitations |
| 54-06-32 |
State employee service awards |
| 54-06-33 |
Employer‑paid tuition |
| 54-06-34 |
Employer‑paid professional organization membership and service club dues |
| 54-06-35 |
Expenditure made pursuant to rule or policy |
| 54-06-36 |
Honor guard leave |
| 54-06-37 |
Authorization to purchase or lease aircraft ‑ Legislative assembly or budget section approval ‑ Exception |
| 54-06-38 |
Harassment policies |
| 54-06-39 |
Pledge of allegiance |
| 54-06-40 |
Proxy voting |
| 54-06-41 |
Investments ‑ Prohibition ‑ Israel boycott |
Chapter 54-07 - Governor
| Section |
Section Name |
| 54-07-01 |
Powers and duties of governor |
| 54-07-01.1 |
Emergency powers of the governor |
| 54-07-01.2 |
Governor to have power to appoint majority of members of certain boards and commissions ‑ Limitations |
| 54-07-01.3 |
Governor to coordinate conversion to metric system by executive branch |
| 54-07-01.4 |
Office of management and budget to be designated or appointed as administering state agency |
| 54-07-01.5 |
Governor to file bills with secretary of state |
| 54-07-01.6 |
Governor to receive bills |
| 54-07-02 |
Records kept by governor |
| 54-07-03 |
Persons acting as governor ‑ Powers and duties |
| 54-07-04 |
Salary of governor |
| 54-07-05 |
Highway safety assent |
| 54-07-06 |
Division of economic opportunity |
| 54-07-07 |
Governor's prevention and advisory council duties ‑ Continuing appropriation |
| 54-07-08 |
North Dakota youth council - Creation |
| 54-07-09 |
Youth council chairman - Meetings |
| 54-07-10 |
Youth council powers |
| 54-07-11 |
Youth council duties |
| 54-07-12 |
Theodore Roosevelt presidential library and museum endowment fund ‑ Continuing appropriation ‑ Budget section report |
| 54-07-13 |
Children's cabinet ‑ Membership ‑ Duties ‑ Working groups ‑ Report |
| 54-07-14 |
Boards review task force ‑ Report to legislative management (Expired effective December 2, 2026) |
Chapter 54-08 - Lieutenant Governor
| Section |
Section Name |
| 54-08-01 |
Duties of lieutenant governor |
| 54-08-02 |
Disability of lieutenant governor ‑ Who shall act |
| 54-08-03 |
Salary of lieutenant governor |
| 54-08-04 |
Salary of lieutenant governor when acting for governor |
Chapter 54-09 - Secretary of State
| Section |
Section Name |
| 54-09-01 |
Records in custody of secretary of state |
| 54-09-02 |
Duties of secretary of state |
| 54-09-02.1 |
Secretary of state ‑ Certificates and certified copies to be received in evidence |
| 54-09-03 |
Secretary of state to mark books distributed |
| 54-09-04 |
Fees |
| 54-09-04.1 |
Exception from fees |
| 54-09-05 |
Salary of secretary of state |
| 54-09-06 |
Official bond |
| 54-09-07 |
Service of process on secretary of state if agent not found or if secretary of state appointed as agent for individual |
| 54-09-08 |
Secretary of state's general services operating fund |
| 54-09-09 |
Computerized central indexing system ‑ Rules |
| 54-09-10 |
Secretary of state to compile lists for crops and livestock ‑ Distribution of lists |
| 54-09-11 |
Fees |
| 54-09-12 |
Confidential information in filed records |
| 54-09-12.1 |
Criminal history record check |
| 54-09-13 |
Role of secretary of state in filing signed documents and records |
| 54-09-14 |
Filing signed documents and records with the secretary of state - Use of agent |
Chapter 54-10 - State Auditor
| Section |
Section Name |
| 54-10-01 |
Powers and duties of state auditor ‑ Report (Retroactive application ‑ See note) |
| 54-10-01.1 |
State auditor to audit emergency commission action |
| 54-10-02 |
Auditor to have access to all state offices |
| 54-10-03 |
Official bond |
| 54-10-04 |
Legislative assembly to provide for audit of state auditor's office |
| 54-10-05 |
Auditor to set up account against person who fails to render account |
| 54-10-06 |
Auditor may procure books and blanks |
| 54-10-07 |
Auditor to have access to all state offices |
| 54-10-08 |
Legislative inspection of books of state auditor |
| 54-10-09 |
Transmit forms and instructions to county auditors |
| 54-10-10 |
Salary of state auditor |
| 54-10-11 |
Official bond |
| 54-10-12 |
Department of transportation property |
| 54-10-13 |
Political subdivisions ‑ Audits ‑ State auditor powers |
| 54-10-14 |
Political subdivisions ‑ Audits ‑ Fees ‑ Alternative audits and reports |
| 54-10-15 |
Audits of political subdivisions by request of governor or order of the legislative audit and fiscal review committee, upon petition, or upon request of the state court administrator |
| 54-10-16 |
Audit in case of irregularity or embezzlement |
| 54-10-17 |
Audit of counties |
| 54-10-18 |
Supervision of records and fiscal affairs of counties |
| 54-10-19 |
Supervision of public institutions and private institutions with which state has dealings |
| 54-10-20 |
Special state auditor |
| 54-10-21 |
Duty of state auditor on failures by officers |
| 54-10-22 |
Public officers to aid state auditor ‑ Auditor's authority on investigation ‑ Referral of open records request |
| 54-10-22.1 |
State auditor's access to information relating to operations of governmental entities subject to audit |
| 54-10-23 |
Obstructing or misleading auditor ‑ Penalty |
| 54-10-24 |
The state auditor shall have access to tax returns and other records filed with the tax commissioner |
| 54-10-25 |
Divulging of certain secret information prohibited |
| 54-10-25.1 |
Reporting noncompliance ‑ Confidentiality |
| 54-10-26 |
State auditor's working papers |
| 54-10-27 |
Occupational and professional boards ‑ Audits and reports |
| 54-10-28 |
Information technology responsibilities |
| 54-10-29 |
Audits of computer systems ‑ Penalty |
| 54-10-30 |
State board of higher education audits - Higher education audit division |
| 54-10-31 |
Department of financial institutions ‑ Audit and reports |
Chapter 54-11 - State Treasurer
| Section |
Section Name |
| 54-11-01 |
Duties and powers of state treasurer |
| 54-11-01.1 |
Bicentennial trust fund ‑ Created ‑ Expenditures |
| 54-11-02 |
Monthly warrants turned over to office of management and budget |
| 54-11-03 |
Warrants ‑ Redemption ‑ Duty of treasurer |
| 54-11-04 |
Records of state treasurer |
| 54-11-05 |
Books and blanks furnished by state to treasurer ‑ Kept as state records |
| 54-11-06 |
Irregularities in books of treasurer ‑ Auditor to report to governor ‑ Temporary suspension of treasurer |
| 54-11-07 |
Suspension of treasurer by governor ‑ Appointment |
| 54-11-08 |
State bonds ‑ Registration |
| 54-11-09 |
Registration of bonds vests ownership |
| 54-11-10 |
Treasurer accountable for delinquencies |
| 54-11-11 |
Purchase of warrants or accounts by state treasurer prohibited |
| 54-11-12 |
Unlawful purchases by state treasurer ‑ Penalty |
| 54-11-13 |
Salary of state treasurer |
| 54-11-14 |
Official bond of state treasurer |
| 54-11-15 |
Appointment of agents |
| 54-11-16 |
Criminal history record checks |
| 54-11-17 |
Moneys in the state treasury - Management (Expired effective July 1, 2028) |
| 54-11-18 |
Cash management board - Report (Expired effective July 1, 2028) |
Chapter 54-12 - Attorney General
| Section |
Section Name |
| 54-12-01 |
Attorney general ‑ Duties (Retroactive application - See note) |
| 54-12-01.1 |
Attorney general to publish eminent domain information |
| 54-12-01.2 |
Regulation of gaming schools |
| 54-12-01.3 |
Judicial officers ‑ Legal defense ‑ Indemnification |
| 54-12-01.4 |
Limitation of effect of certain opinions of attorney general |
| 54-12-02 |
Attorney general may institute action in which state is a party |
| 54-12-03 |
Attorney general may make investigation in county ‑ How expenses paid |
| 54-12-04 |
Attorney general to investigate and prosecute criminal matters in counties on demand of district judge ‑ How expenses paid |
| 54-12-04.1 |
Attorney general to make investigation on Indian reservation ‑ Expenses |
| 54-12-04.2 |
Child sexual abuse investigation and prosecution |
| 54-12-05 |
Biennial report |
| 54-12-06 |
Assistant attorneys general ‑ Attorney general may appoint |
| 54-12-07 |
Salary of assistant attorneys general |
| 54-12-08 |
Assistant and special assistant attorneys general ‑ Appointment ‑ Revocation ‑ Compensation |
| 54-12-08.1 |
Contingent fee arrangements |
| 54-12-09 |
Assistant attorney general for board of university and school lands ‑ Appointment ‑ Revocation ‑ Oath |
| 54-12-09.1 |
Salary of assistant attorney general for board of university and school lands |
| 54-12-10 |
Assistant attorney general for board of university and school lands ‑ Execution of certificates and documents |
| 54-12-11 |
Salary of attorney general |
| 54-12-12 |
Licensing department ‑ Inspectors ‑ Powers and duties |
| 54-12-13 |
Special assistant attorneys general report of salaries and expenses |
| 54-12-14 |
Assets forfeiture fund ‑ Created ‑ Purpose ‑ Continuing appropriation |
| 54-12-14.1 |
Loans for law enforcement activities |
| 54-12-15 |
Drug enforcement unit ‑ Personnel ‑ Duties |
| 54-12-16 |
Powers of drug enforcement unit personnel |
| 54-12-17 |
Consumer protection and antitrust division |
| 54-12-18 |
Special fund established ‑ Continuing appropriation |
| 54-12-19 |
Block house defined |
| 54-12-20 |
Block house program |
| 54-12-21 |
Recovery of funds ‑ Limitations |
| 54-12-22 |
Accessibility of sexual offender and crimes against children registration information |
| 54-12-23 |
Special operations team reimbursement fund ‑ Continuing appropriation |
| 54-12-24 |
State crime laboratory division |
| 54-12-24.1 |
Statewide sexual assault evidence collection kit tracking system ‑ Exception |
| 54-12-25 |
Attorney general may provide counsel to boards of health |
| 54-12-26 |
Attorney general multijurisdictional drug task force grant fund ‑ Continuing appropriation |
| 54-12-27 |
Twenty‑four seven sobriety program |
| 54-12-27.1 |
Twenty‑four seven sobriety program ‑ Partial suspension for treatment court program participants |
| 54-12-28 |
Twenty‑four seven sobriety program guidelines, program fees, and records |
| 54-12-28.1 |
Law enforcement acceptance of department of transportation action |
| 54-12-29 |
Twenty‑four seven sobriety program fund ‑ Continuing appropriation |
| 54-12-30 |
Twenty‑four seven sobriety program fees |
| 54-12-31 |
Bond conditions |
| 54-12-32 |
Blue alert notice system |
| 54-12-33 |
Human trafficking commission |
| 54-12-33.1 |
Human trafficking prevention training ‑ Exemptions ‑ Immunity ‑ Continuing appropriation |
| 54-12-34 |
Criminal justice data information sharing system (Effective through July 31, 2035) |
| 54-12-35 |
Law enforcement officer tuition and fees waiver |
| 54-12-36 |
Missing indigenous people task force ‑ Membership ‑ Duties ‑ Collection of data on missing persons ‑ Continuing appropriation ‑ Legislative management report (Expired effective August 1, 2035) |
| 54-12-37 |
Internet crimes investigation fund ‑ Continuing appropriation |
Chapter 54-13 - Board of Auditors [Repealed]
Chapter 54-14 - Claims Against State - Office of the Budget
| Section |
Section Name |
| 54-14-01 |
State auditing board ‑ Members ‑ Secretary ‑ Duties ‑ Quorum |
| 54-14-01.1 |
Office of the budget to assume functions of auditing board ‑ Substitution of phrases ‑ Legislative statement |
| 54-14-02 |
Meetings of board |
| 54-14-03 |
Powers and duties of the office of the budget |
| 54-14-03.1 |
Reports to legislative management budget section |
| 54-14-03.2 |
Claims against the state ‑ Acts of residents of state institutions |
| 54-14-04 |
Claim against state filed with office of the budget |
| 54-14-04.1 |
Departmental payrolls |
| 54-14-04.2 |
Use of electronic funds transfer systems |
| 54-14-04.3 |
Severance pay ‑ Definition ‑ Settlements |
| 54-14-05 |
Vouchers have penalty printed on them |
| 54-14-06 |
Penalty for certifying to false claim |
| 54-14-07 |
Office of the budget to set policy ‑ Standard vouchers ‑ Disapproval of claims |
| 54-14-08 |
Withholding certain amounts from state employees' compensation |
Chapter 54-15 - State Budget Board [Repealed]
Chapter 54-16 - Emergency Commission
| Section |
Section Name |
| 54-16-00.1 |
Definitions |
| 54-16-01 |
Emergency commission ‑ Members ‑ Organization ‑ Quorum ‑ Meetings ‑ Pledge of allegiance |
| 54-16-02 |
Proceedings not valid unless entered in minutes |
| 54-16-03 |
Unlawful to expend more than appropriated ‑ Deficit void ‑ Submission of petition to emergency commission |
| 54-16-03.1 |
Submission of petition to emergency commission |
| 54-16-04 |
May order transfer of moneys between funds ‑ Line item transfers ‑ Budget section approval |
| 54-16-04.1 |
May authorize acceptance of special funds or federal funds ‑ Budget section approval |
| 54-16-04.2 |
Commission may authorize acceptance and expenditure of state special funds and other sources |
| 54-16-04.3 |
Commission may recommend full‑time equivalent positions ‑ Budget section approval |
| 54-16-05 |
Penalty for expending more than appropriated |
| 54-16-06 |
Report to emergency commission and legislative audit and fiscal review committee by board or officer when expenditure authorized |
| 54-16-07 |
Failure to make report ‑ False report ‑ Penalty |
| 54-16-08 |
State contingencies appropriation |
| 54-16-09 |
Transfer of spending authority from state contingencies appropriation ‑ Budget section approval |
| 54-16-10 |
Departmental emergency funds ‑ Penalty |
| 54-16-11 |
Departmental emergency fund consideration |
| 54-16-11.1 |
Emergency commission may increase revenues and appropriation authority for intergovernmental service fund agencies |
| 54-16-12 |
Board of higher education land acquisition approval |
| 54-16-13 |
Authority to borrow funds for a disaster ‑ Continuing appropriation |
Chapter 54-17 - Industrial Commission
| Section |
Section Name |
| 54-17-01 |
Industrial commission to manage industries of state and to act as a state housing finance agency |
| 54-17-02 |
Industrial commission ‑ Members ‑ Quorum ‑ Meetings ‑ Pledge of allegiance |
| 54-17-03 |
Chairman and attorney ‑ Executive director ‑ Employees ‑ Compensation ‑ Bonds |
| 54-17-04 |
Seal of commission |
| 54-17-05 |
Orders of commission ‑ Approval by majority |
| 54-17-06 |
Biennial report |
| 54-17-07 |
Industries under the industrial commission ‑ Income on deposits and investments |
| 54-17-07.1 |
Advisory board ‑ Rules |
| 54-17-07.2 |
Definitions |
| 54-17-07.3 |
Housing finance programs |
| 54-17-07.4 |
Housing revenue bonds |
| 54-17-07.5 |
State reallocation under the Mortgage Subsidy Bond Tax Act of 1980 |
| 54-17-07.6 |
Acceptance of grants, contributions, loans, or other aid |
| 54-17-07.7 |
Terms of loans |
| 54-17-07.8 |
Confidentiality of housing finance agency records |
| 54-17-07.9 |
Execution of instruments |
| 54-17-07.10 |
Housing acquisition program |
| 54-17-07.11 |
Pledges |
| 54-17-07.12 |
Housing finance agency as wholesale servicing mortgage lender |
| 54-17-07.13 |
Criminal history record checks |
| 54-17-08 |
Commission to make rules for its procedure ‑ General powers of commission |
| 54-17-09 |
Industrial commission to determine place of business of industries ‑ Rules made by commission |
| 54-17-10 |
Powers and duties of commission in operating industries |
| 54-17-11 |
Manager and employees of industries ‑ Commission to appoint ‑ Compensation |
| 54-17-12 |
Manager shall appoint necessary employees |
| 54-17-13 |
Compensation of employees and expenditures remain within appropriation |
| 54-17-14 |
Removal and discharge of appointees |
| 54-17-15 |
Commission to fix prices of things bought and sold by industry |
| 54-17-16 |
Investigation conducted by commission |
| 54-17-17 |
Witnesses not excused from testifying ‑ Not subject to prosecution |
| 54-17-18 |
Testimony transcribed and filed in office of commission ‑ Public record |
| 54-17-19 |
Failure to testify or produce evidence ‑ Contempt |
| 54-17-20 |
Bonds issued by commission |
| 54-17-21 |
Commission authorized to acquire and dispose Riverdale sites, properties, and facilities |
| 54-17-22 |
Commission authorized to act as planning agency of state and to negotiate and contract with federal housing administration |
| 54-17-23 |
Commission authorized to apply for, receive, and disburse federal planning funds, and to establish separate planning account |
| 54-17-24 |
State trusts created |
| 54-17-25 |
Bonds authorized ‑ Establishment of secondary market program |
| 54-17-26 |
Bonds eligible for investment ‑ Sale of bonds |
| 54-17-27 |
Grant program for home weatherization programs |
| 54-17-28 |
Application for grants |
| 54-17-29 |
Commission loan guarantees for seller‑sponsored loans between landowners and beginning farmers |
| 54-17-30 |
Procedure on default on guaranteed beginning farmer security loan |
| 54-17-31 |
Establishment and maintenance of adequate guarantee funds ‑ Use of lands and minerals trust ‑ Appropriation |
| 54-17-32 |
Resources trust fund ‑ Commission responsibilities |
| 54-17-33 |
State trust created ‑ Agricultural mortgage secondary market |
| 54-17-34 |
Definitions |
| 54-17-34.1 |
Farm finance program |
| 54-17-34.2 |
First‑time farmer participation |
| 54-17-34.3 |
Financing |
| 54-17-34.4 |
Policies |
| 54-17-34.5 |
Financing exempt from taxation ‑ Exception |
| 54-17-35 |
Governmental public purpose ‑ Electricity transmission export constraint priority |
| 54-17-36 |
Lease of municipal waterworks and sewage systems |
| 54-17-37 |
Tribal-state guaranty program - Continuing appropriation |
| 54-17-38 |
Biomass incentive and research program |
| 54-17-39 |
Biomass incentive and research fund |
| 54-17-40 |
Housing incentive fund ‑ Continuing appropriation ‑ Report to budget section |
| 54-17-41 |
Report |
| 54-17-42 |
Report to legislative assembly or budget section on the fiscal impact of certain actions of the industrial commission |
| 54-17-43 |
Research technology park grant program - North Dakota state university - Report |
Chapter 54-17.1 - Vietnam Veterans' Bonus Bond Issue [Repealed]
Chapter 54-17.2 - North Dakota Building Authority
| Section |
Section Name |
| 54-17.2-01 |
Definitions |
| 54-17.2-02 |
Commission ‑ Evidence of indebtedness issuance |
| 54-17.2-02.1 |
Evidences of indebtedness conditions ‑ Continued authority |
| 54-17.2-02.2 |
Continuing appropriation |
| 54-17.2-03 |
Powers |
| 54-17.2-04 |
Purpose of commission |
| 54-17.2-05 |
Transfer of state property to commission ‑ Services by state agencies |
| 54-17.2-05.1 |
Lease of state property to commission ‑ Leaseback to state |
| 54-17.2-06 |
Financing agreements with state agencies authorized ‑ Commencement of payments under financing agreements |
| 54-17.2-07 |
Terms, conditions, and payment under financing agreements ‑ Automatic biennial extension provisions |
| 54-17.2-08 |
State's option to purchase ‑ Conveyance on exercise of option |
| 54-17.2-09 |
Insurance and credit enhancements added to payments |
| 54-17.2-10 |
Appropriations and funds from which payments are payable ‑ Commission's power to use or sell facilities for other purposes on nonpayment |
| 54-17.2-11 |
Costs and reserves to be covered by rent and charges or other payments |
| 54-17.2-12 |
Tax exemption of commission's property |
| 54-17.2-13 |
Resolutions for evidences of indebtedness authorized ‑ Maximum amount outstanding ‑ Legislative approval required |
| 54-17.2-14 |
Purposes for which evidences of indebtedness issue ‑ Refunding and refinancing ‑ Pledge of income |
| 54-17.2-15 |
Evidences of indebtedness authorized ‑ Interest rates ‑ Exemption from taxation ‑ Term |
| 54-17.2-16 |
Revenues, appropriations, funds, and income from which evidences of indebtedness payable |
| 54-17.2-17 |
Covenants and contracts with holders of evidences of indebtedness |
| 54-17.2-18 |
Validity of signature by officers |
| 54-17.2-19 |
Restrictions on obligation stated on face of evidences of indebtedness |
| 54-17.2-20 |
Disposition of income ‑ Building authority fund |
| 54-17.2-21 |
Allocation of sales, use, and motor vehicle excise tax revenues to capital construction fund |
| 54-17.2-22 |
Capital construction account |
| 54-17.2-23 |
State building authority lease payments ‑ Limitation |
Chapter 54-17.3 - Paleontological Resource Protection
| Section |
Section Name |
| 54-17.3-01 |
Definitions |
| 54-17.3-02 |
Jurisdiction of the commission |
| 54-17.3-03 |
Permit required |
| 54-17.3-04 |
Permit ‑ Duration ‑ Revocation |
| 54-17.3-05 |
Coordination of quaternary fossil finds |
| 54-17.3-06 |
Protection of paleontological specimens and sites |
| 54-17.3-07 |
Transfer of paleontological resources |
| 54-17.3-08 |
Violation of sections 54‑17.3‑01 through 54‑17.3‑08 ‑ Penalty |
Chapter 54-17.4 - Geological Survey
| Section |
Section Name |
| 54-17.4-01 |
Definitions |
| 54-17.4-02 |
Survey ‑ Responsibilities |
| 54-17.4-03 |
Survey ‑ Direction and supervision |
| 54-17.4-04 |
Survey ‑ Location |
| 54-17.4-05 |
State geologist ‑ Qualifications ‑ Selection ‑ Salary |
| 54-17.4-06 |
State geologist ‑ Authority |
| 54-17.4-07 |
State geologist ‑ Grants, funds, and contracts |
| 54-17.4-08 |
State geologist ‑ Acquisition of geological and geophysical data ‑ Confidentiality |
| 54-17.4-09 |
State geologist ‑ Specimens collected ‑ Exhibited ‑ Exchanged |
| 54-17.4-09.1 |
Fossil excavation and restoration fund ‑ Continuing appropriation |
| 54-17.4-10 |
State geologist ‑ Purchase and sale of maps ‑ Appropriation |
| 54-17.4-11 |
State geologist ‑ Colleges and universities ‑ Cooperation |
| 54-17.4-12 |
State geologist ‑ Collection of global positioning system data ‑ Fee |
| 54-17.4-13 |
Geologic data preservation fund ‑ Continuing appropriation |
Chapter 54-17.5 - Lignite Research, Development and Marketing
| Section |
Section Name |
| 54-17.5-01 |
Declaration of findings and public purpose |
| 54-17.5-02 |
Lignite research council ‑ Compensation ‑ Appointment of members |
| 54-17.5-03 |
Priority projects, processes, and activities |
| 54-17.5-04 |
Industrial commission powers |
| 54-17.5-05 |
Evidences of indebtedness |
| 54-17.5-06 |
Access to commission records |
Chapter 54-17.6 - Oil and Gas Research Council
| Section |
Section Name |
| 54-17.6-01 |
Definitions |
| 54-17.6-02 |
Oil and gas research council purposes |
| 54-17.6-03 |
Commission to operate council |
| 54-17.6-04 |
Powers and duties of commission in managing and operating council |
| 54-17.6-05 |
Oil and gas research council ‑ Members |
| 54-17.6-06 |
Access to council records |
| 54-17.6-06.1 |
Clean natural gas capture and emissions reduction program |
Chapter 54-17.7 - Pipeline Authority
Chapter 54-17.8 - Outdoor Heritage Fund
| Section |
Section Name |
| 54-17.8-01 |
Definitions |
| 54-17.8-02 |
North Dakota outdoor heritage fund - Continuing appropriation |
| 54-17.8-03 |
North Dakota outdoor heritage fund purposes |
| 54-17.8-04 |
Commission to staff advisory board |
| 54-17.8-05 |
Powers and duties of commission |
| 54-17.8-06 |
North Dakota outdoor heritage advisory board ‑ Members |
| 54-17.8-07 |
Report to the budget section of the legislative management |
Chapter 54-18 - North Dakota Mill and Elevator Association
| Section |
Section Name |
| 54-18-01 |
Definition |
| 54-18-02 |
North Dakota mill and elevator association |
| 54-18-03 |
Industrial commission to operate association ‑ Place of business ‑ Rules made by commission |
| 54-18-04 |
Powers and duties of industrial commission in operating association |
| 54-18-04.1 |
Marketing functions exempt from Securities Act |
| 54-18-04.2 |
Confidentiality exemption |
| 54-18-05 |
Manager and employees of association ‑ Industrial commission to appoint ‑ Compensation |
| 54-18-06 |
Manager shall appoint necessary employees |
| 54-18-07 |
Compensation of employees and expenditures remain within appropriation |
| 54-18-08 |
Bonds of manager and employees |
| 54-18-09 |
Removal and discharge of appointees |
| 54-18-10 |
Industrial commission to fix price of things bought and sold by association |
| 54-18-11 |
Name in which business conducted and titles taken ‑ Execution of written instruments |
| 54-18-12 |
Civil actions on association transactions ‑ Names of parties ‑ Service ‑ Venue ‑ Statement filing provisions inapplicable |
| 54-18-13 |
Capital of association |
| 54-18-14 |
Annual audit of association |
| 54-18-15 |
Additional audits |
| 54-18-16 |
Contracts of association recognized ‑ Property to remain vested in state |
| 54-18-17 |
Industrial commission to establish research and processing unit for soybeans and flaxseed |
| 54-18-18 |
Contractor to be paid during progress of work ‑ Retainage ‑ Failure to pay ‑ Rate of interest ‑ Investment of retainage |
| 54-18-19 |
Transfer of North Dakota mill and elevator profits to general fund |
| 54-18-20 |
Gain‑sharing program |
| 54-18-21 |
Annual transfer |
Chapter 54-19 - State Industrial Alcohol Plant [Repealed]
Chapter 54-20 - Electrical Enterprise of State [Repealed]
Chapter 54-21 - State Offices, Capitol, and Capitol Grounds
| Section |
Section Name |
| 54-21-01 |
Definition of board |
| 54-21-02 |
Board of administration ‑ Members ‑ Appointment ‑ Term of office ‑ Removal |
| 54-21-03 |
Appointive members of board to give all their time to duties of office ‑ Oath ‑ Bond |
| 54-21-04 |
Salary, mileage, and travel expense of members of the board of administration |
| 54-21-05 |
Chairman of the board of administration ‑ When elected ‑ Quorum ‑ Offices |
| 54-21-06 |
Director of institutions ‑ Appointment ‑ Term ‑ Additional employees ‑ Compensation ‑ Removal ‑ Expenses |
| 54-21-06.1 |
Director of institutions to be substituted for board, members of board, and secretary of board |
| 54-21-07 |
Bonds required of director and his employees who have control of money |
| 54-21-08 |
Official seal |
| 54-21-09 |
Report of director to governor and office of management and budget |
| 54-21-10 |
Daily record |
| 54-21-11 |
Governor may require additional report |
| 54-21-12 |
Suggestions for legislation included in report |
| 54-21-13 |
Child welfare ‑ Mentally deficient persons ‑ Powers and duties of director |
| 54-21-14 |
Executive officer for child welfare ‑ Authority to employ |
| 54-21-15 |
Regulations by board of administration for private institutions receiving state appropriations |
| 54-21-16 |
Financial report to board of administration of private institutions receiving state appropriations |
| 54-21-17 |
Construction superintendent ‑ Appointment ‑ Duties |
| 54-21-17.1 |
Superintendent to secure capitol building, capitol grounds, and executive mansion ‑ Issuance and return of keys and electronic card access |
| 54-21-18 |
Office building part of capitol building ‑ Director control of capitol grounds ‑ Parking for pregnant employees and employees with infants ‑ Rules ‑ Penalty |
| 54-21-19 |
Director to furnish supplies and maintain capitol, state offices, and executive mansion ‑ Authority to charge for services (Retroactive application ‑ See note) |
| 54-21-20 |
Director authorized to acquire property for capitol park |
| 54-21-21 |
School for the deaf land sale |
| 54-21-22 |
Disposition of executive mansion |
| 54-21-23 |
Executive mansion ‑ Construction ‑ Equipment ‑ Appropriation |
| 54-21-24 |
Additional office space may be obtained outside state capitol |
| 54-21-24.1 |
Lease of additional space by state agencies, departments, offices, officers, boards, and institutions |
| 54-21-25 |
Authority to contract with other governmental agencies for prisoners and juvenile delinquents |
| 54-21-26 |
Director may lease land to others |
| 54-21-26.1 |
Director may sell penitentiary lands |
| 54-21-27 |
Removal or sale of unsafe public building ‑ Procedure |
| 54-21-28 |
Space utilization studies ‑ Office space allocation |
| 54-21-29 |
Contract for services ‑ Property management |
Chapter 54-21.1 - Uniform Standards Code for Mobile Homes [Repealed]
Chapter 54-21.2 - Energy Conservation Standards in New Building Construction
Chapter 54-21.3 - State Building Code
| Section |
Section Name |
| 54-21.3-01 |
Purposes of chapter |
| 54-21.3-02 |
Definitions |
| 54-21.3-03 |
State building code |
| 54-21.3-04 |
Exemptions |
| 54-21.3-04.1 |
Accessibility standards ‑ Automatic doors |
| 54-21.3-04.2 |
Notice of federal accessibility guidelines required |
| 54-21.3-04.3 |
Used temporary work camp housing ‑ Exemption |
| 54-21.3-05 |
Enforcement of code by city, township, or county ‑ Relinquishment |
| 54-21.3-06 |
Continuing education ‑ Responsibility |
| 54-21.3-07 |
Modular residential and commercial structures ‑ Third‑party inspections ‑ Rules |
| 54-21.3-08 |
Adoption of an installation program ‑ Penalty |
Chapter 54-21.4 - Interstate Compact on Industrialized or Modular Buildings
| Section |
Section Name |
| 54-21.4-01 |
Compact on industrialized or modular buildings |
Chapter 54-22 - Purchasing Agent [Repealed]
Chapter 54-23 - Institutions Under Control of Director of Institutions [Repealed]
Chapter 54-23.1 - State Communications System [Repealed]
Chapter 54-23.2 - State Radio Broadcasting System [Repealed]
Chapter 54-23.3 - Department of Corrections and Rehabilitation
| Section |
Section Name |
| 54-23.3-01 |
Department of corrections and rehabilitation ‑ Creation ‑ Duties ‑ Programs |
| 54-23.3-01.1 |
Definitions |
| 54-23.3-02 |
Purpose |
| 54-23.3-03 |
Director ‑ Appointment ‑ Qualifications ‑ Compensation |
| 54-23.3-04 |
Director ‑ Powers and duties |
| 54-23.3-05 |
Appointment and removal of officers |
| 54-23.3-06 |
Salaries of division directors and other officers |
| 54-23.3-07 |
Confidentiality of selected information pertaining to department of corrections and rehabilitation employees |
| 54-23.3-07.1 |
Exemption of certain internal investigation records |
| 54-23.3-08 |
Authority to lease land under the jurisdiction of the department |
| 54-23.3-09 |
Reports regarding new programs |
| 54-23.3-10 |
Community behavioral health program ‑ Reports to legislative management and governor |
| 54-23.3-10.1 |
Supervision for presentence programs |
| 54-23.3-10.2 |
Prosecution‑led diversion supervision pilot program ‑ Report |
| 54-23.3-11 |
Prioritization of admission of inmates - Report to legislative management |
| 54-23.3-12 |
Faith‑based programming |
| 54-23.3-13 |
Job shadowing |
| 54-23.3-14 |
Denial of admission |
| 54-23.3-15 |
Housing task force - Report to legislative management |
| 54-23.3-16 |
Criminal justice data - Report to legislative management |
Chapter 54-23.4 - Crime Victims Compensation
Chapter 54-24 - State Library Commission
| Section |
Section Name |
| 54-24-01 |
State library ‑ State librarian appointed by the superintendent of public instruction |
| 54-24-02 |
Library offices |
| 54-24-03 |
Powers and duties of state librarian |
| 54-24-03.1 |
Acceptance of federal aid |
| 54-24-03.2 |
State library operating fund |
| 54-24-04 |
Who may borrow books from state library |
| 54-24-05 |
Commission to give advice and aid |
| 54-24-06 |
Records kept by commission ‑ Report to the governor and secretary of state |
| 54-24-07 |
Printing of state library ‑ How paid |
| 54-24-08 |
Library contracts for library services |
| 54-24-09 |
Distribution of certain state publications for certain libraries required |
Chapter 54-24.1 - Interstate Library Compact
Chapter 54-24.2 - State Aid to Public Libraries
Chapter 54-24.3 - Regional Library Cooperatives
| Section |
Section Name |
| 54-24.3-01 |
Definitions |
| 54-24.3-02 |
Committee ‑ Membership ‑ Compensation |
| 54-24.3-03 |
North Dakota library coordinating council powers and duties |
| 54-24.3-04 |
Regional library cooperatives ‑ Establishment |
| 54-24.3-05 |
Regional library cooperative interim planning committee ‑ Establishment |
| 54-24.3-06 |
Regional library cooperative interim planning committee ‑ Duties |
| 54-24.3-07 |
Regional library cooperative ‑ Membership |
| 54-24.3-08 |
Regional library cooperative ‑ Board |
| 54-24.3-09 |
Regional library cooperative ‑ Powers and duties |
| 54-24.3-10 |
Regional library cooperative members ‑ Rights and responsibilities |
| 54-24.3-11 |
Voting rights of members |
| 54-24.3-12 |
Withdrawal of membership |
| 54-24.3-13 |
Regional library cooperatives ‑ Operating grants |
| 54-24.3-14 |
Fiscal controls and reports |
| 54-24.3-15 |
Cooperative services and activities |
| 54-24.3-16 |
Dissolution of the regional library cooperative |
Chapter 54-24.4 - Library Coordinating Council
| Section |
Section Name |
| 54-24.4-01 |
North Dakota library coordinating council ‑ Members ‑ Term |
| 54-24.4-02 |
North Dakota library coordinating council ‑ Compensation and expense reimbursement |
| 54-24.4-03 |
North Dakota library coordinating council ‑ Meetings |
| 54-24.4-04 |
North Dakota library coordinating council ‑ Powers |
| 54-24.4-05 |
North Dakota library coordinating council ‑ Duties |
Chapter 54-25 - State Institutions - Regulation as to Sale and Use of Dairy Products [Repealed]
Chapter 54-26 - State Census [Repealed]
Chapter 54-27 - Fiscal Administration
| Section |
Section Name |
| 54-27-01 |
Fiscal year ‑ Reports ‑ When made |
| 54-27-02 |
County treasurers must remit state funds collected or in their hands |
| 54-27-03 |
County auditors to furnish office of management and budget with abstract of tax list |
| 54-27-04 |
County treasurers to transmit state taxes |
| 54-27-05 |
Office of management and budget to deliver to state treasurer order on county treasurer for taxes collected |
| 54-27-06 |
State treasurer to notify county treasurer of amount due state for taxes collected |
| 54-27-07 |
Apportionment of moneys belonging to counties ‑ How made |
| 54-27-08 |
How moneys paid from state treasury ‑ Warrants ‑ When not necessary |
| 54-27-09 |
Office of management and budget to cancel unexpended appropriations ‑ When they may continue |
| 54-27-09.1 |
Standing and continuing appropriations |
| 54-27-09.2 |
Appropriations for certain buildings and improvements not to revert if unused |
| 54-27-10 |
Appropriations ‑ When available |
| 54-27-11 |
Appropriation ‑ Record kept by office of management and budget ‑ Duties and limitations |
| 54-27-12 |
Expenditure of amount in excess of appropriation for state institutions ‑ Unlawful |
| 54-27-13 |
Penalty for expenditure in excess of appropriation for state institutions |
| 54-27-14 |
Cancellation of outstanding warrants |
| 54-27-15 |
Procedure when canceled warrant presented for payment |
| 54-27-15.1 |
State treasurer's checks, warrants, and warrant‑checks ‑ Cancellation ‑ Deposit to common schools trust fund ‑ Subsequent payment ‑ Continuing appropriation |
| 54-27-15.2 |
Subsequent payment |
| 54-27-15.3 |
Checks of the state department of health and consolidated laboratories ‑ Cancellation ‑ Deposit to general fund |
| 54-27-15.4 |
Subsequent payment |
| 54-27-16 |
Permission of industrial commission necessary for investment of public funds |
| 54-27-17 |
Penalty for investment of public funds without consent of industrial commission |
| 54-27-18 |
State a preferred creditor |
| 54-27-19 |
Highway tax distribution fund ‑ State treasurer to make allocation to state, counties, and cities |
| 54-27-19.1 |
Township highway aid fund ‑ Distribution |
| 54-27-19.2 |
Reporting of number of motor vehicles registered on Indian reservations ‑ Use for determining each county's share of highway tax distribution fund |
| 54-27-19.3 |
Legacy earnings highway distribution fund |
| 54-27-19.4 |
Legacy earnings township highway aid fund |
| 54-27-20 |
Revenue sharing trust fund |
| 54-27-20.1 |
State revenue sharing |
| 54-27-20.2 |
State revenue sharing distribution formula |
| 54-27-20.3 |
Disbursement of local funds ‑ Reports |
| 54-27-21 |
Fixed asset minimum reporting value |
| 54-27-21.1 |
Documentation of asset acquisitions |
| 54-27-22 |
Revolving fund for prepayment of consulting and planning fees for capital improvements |
| 54-27-23 |
Cash flow financing |
| 54-27-24 |
Paying refunds from the general fund |
| 54-27-25 |
Tobacco settlement trust fund ‑ Interest on fund ‑ Uses |
| 54-27-25.1 |
Water development trust fund expenditures |
| 54-27-26 |
Report on transportation funding and expenditures |
| 54-27-27 |
Report on federal grant applications by state agency |
| 54-27-27.1 |
Report on federal funds by state agency - Legislative management report |
| 54-27-27.2 |
Federal funding requirements - State agency analysis |
| 54-27-28 |
Interest earnings of closed funds |
| 54-27-29 |
Effective date of census data ‑ Tax distributions |
| 54-27-30 |
Definitions for the foundation aid stabilization fund - Uses of the foundation aid stabilization fund |
| 54-27-31 |
Deposit of JUUL Labs, Inc., judgment funds |
| 54-27-32 |
Legacy earnings fund - State treasurer - Legacy fund distribution - Allocations |
| 54-27-33 |
Legacy property tax relief fund |
Chapter 54-27.1 - Federal Aid Coordinator [Repealed]
Chapter 54-27.2 - Budget Stabilization Fund
| Section |
Section Name |
| 54-27.2-01 |
Budget stabilization fund |
| 54-27.2-02 |
Certain general fund revenues to be deposited in the budget stabilization fund |
| 54-27.2-03 |
Transfers and expenditures from budget stabilization fund |
Chapter 54-28 - Capitol Building Certificates [Omitted]
Chapter 54-29 - State Bonds, General Provisions
| Section |
Section Name |
| 54-29-01 |
State bonds ‑ Where payable |
| 54-29-02 |
When state bonds may be canceled and destroyed |
| 54-29-03 |
Filing of certificate showing destruction |
| 54-29-04 |
Reissuance of bonds when canceled and destroyed |
| 54-29-05 |
Issuance of coupon bond ‑ Authorizing exchange |
Chapter 54-30 - Bonds of North Dakota, Real Estate Series
| Section |
Section Name |
| 54-30-01 |
Authority for issuing bonds of North Dakota, real estate series ‑ Purpose of issue |
| 54-30-02 |
Assignment of first mortgages by Bank of North Dakota to state as security for bonds |
| 54-30-03 |
State treasurer to inspect assignment and prepare bonds ‑ Governor and treasurer to issue bonds |
| 54-30-04 |
Bonds ‑ Series designation ‑ Terms ‑ Execution |
| 54-30-05 |
Denominations ‑ Maturity ‑ Interest rate |
| 54-30-06 |
Interest rate of bonds |
| 54-30-07 |
Bonds ‑ Where payable ‑ Presentment for payment |
| 54-30-08 |
Bonds delivered to industrial commission |
| 54-30-09 |
Sale and delivery of bonds by industrial commission |
| 54-30-10 |
Credit of state of North Dakota pledged for payment of bonds |
| 54-30-11 |
Payment of assigned mortgage |
| 54-30-12 |
Bank of North Dakota to furnish state treasurer with record of payments and balance due on all mortgages |
| 54-30-13 |
Bank of North Dakota to turn over to treasurer all payments made to it ‑ Payments may be made to treasurer ‑ Report to bank |
| 54-30-14 |
Money paid on assigned mortgage held in separate fund by Bank of North Dakota |
| 54-30-15 |
Investment of bond sinking fund |
| 54-30-16 |
Payment of interest or principal on bonds at maturity ‑ Where made ‑ Report ‑ Made from real estate bond payment fund ‑ Appropriation |
| 54-30-17 |
Bank of North Dakota to collect obligations secured by mortgage |
| 54-30-17.1 |
Land acquired by state treasurer ‑ Sale or lease by the Bank of North Dakota or board of university and school lands ‑ Deposit of net proceeds in bond sinking fund |
| 54-30-18 |
Foreclosure of mortgage by Bank of North Dakota ‑ Sale by bank |
| 54-30-19 |
Foreclosure ‑ Power of attorney not required ‑ Costs ‑ Property bid in for state when bid is not sufficient |
| 54-30-20 |
Transfer of land covered by mortgage to state by mortgagor |
| 54-30-21 |
Bonds bought with proceeds of foreclosure sale |
| 54-30-22 |
When sheriff's deed issued to state on foreclosure sale ‑ Taxes suspended |
| 54-30-23 |
Land acquired by state through foreclosure sold by state ‑ Proceeds of sale ‑ Where deposited ‑ Sale approved |
| 54-30-24 |
Cash balance in hands of state treasurer ‑ Information ‑ Mortgages substituted for those paid |
| 54-30-24.1 |
Bonds as legal investments and security |
| 54-30-25 |
Bonds and certificates of indebtedness exempt from taxation |
| 54-30-26 |
Industrial commission to make annual statement of condition of funds ‑ Tax for deficiency in funds or indicated deficiency |
| 54-30-27 |
Certificate of indebtedness issued to meet interest due on bonds |
| 54-30-28 |
Amount of bonds which may be issued |
| 54-30-29 |
Real estate bond funds |
| 54-30-30 |
Transfer of real estate bond trust |
| 54-30-30.1 |
Transfer to board of university and school lands |
| 54-30-31 |
Consideration |
| 54-30-32 |
Management of the trust |
| 54-30-33 |
Remittances to the state general fund |
Chapter 54-31 - Bonds of North Dakota, Mill and Elevator Series [Repealed]
Chapter 54-32 - North Dakota Mill and Elevator Refunding Bonds [Repealed]
Chapter 54-33 - Postwar Planning Board [Repealed]
Chapter 54-34 - Economic Development
| Section |
Section Name |
| 54-34-01 |
Purpose of chapter |
| 54-34-02 |
Appointment of director of the economic development commission |
| 54-34-03 |
Economic development commission ‑ Membership ‑ Appointment and removal ‑ Expenses |
| 54-34-03.1 |
Initial commission membership |
| 54-34-04 |
Meeting and duties of commission |
| 54-34-05 |
Appointment of special committees |
| 54-34-05.1 |
Appointment of special committees |
| 54-34-06 |
Duties of the director |
| 54-34-06.1 |
Certain architects and engineers to be provided product listing of in‑state manufacturers |
| 54-34-07 |
Director to receive all property of research foundation |
| 54-34-08 |
Patents and profits |
| 54-34-09 |
Office of economic opportunity |
| 54-34-10 |
International marketing efforts of state agencies ‑ Legislative intent |
| 54-34-11 |
Statement of purpose |
| 54-34-12 |
Division of economic development and finance to establish venture capital network ‑ Duties and functions |
| 54-34-13 |
Duties and functions of venture capital network |
| 54-34-14 |
Limitations |
| 54-34-15 |
Private sponsor |
Chapter 54-34.1 - State Planning Division [Repealed]
Chapter 54-34.2 - Indian Development Fund [Repealed]
Chapter 54-34.3 - Division of Economic Development and Finance
| Section |
Section Name |
| 54-34.3-01 |
Department of commerce division of economic development and finance established ‑ Mission |
| 54-34.3-02 |
Definitions |
| 54-34.3-03 |
Division structure |
| 54-34.3-04 |
Director ‑ Compensation ‑ Duties |
| 54-34.3-05 |
Finance office |
| 54-34.3-06 |
Division offices |
| 54-34.3-07 |
Division of science and technology ‑ Deputy director ‑ Duties |
| 54-34.3-08 |
Patents |
| 54-34.3-09 |
Cooperation with other agencies or private entities to jointly publish or mail publications |
| 54-34.3-10 |
Commission on the status of women ‑ Appointment ‑ Expenses ‑ Duties |
| 54-34.3-11 |
Mutual fund capital pool ‑ Authorization |
| 54-34.3-12 |
Value‑added agriculture promotion board |
| 54-34.3-13 |
Rural growth incentive program |
| 54-34.3-14 |
International business and trade office ‑ Advisory board |
| 54-34.3-15 |
Local economic developer certification and education programs |
| 54-34.3-16 |
Life science industries ‑ Promotion ‑ Exemption |
Chapter 54-34.4 - Division of Tourism
Chapter 54-35 - Legislative Management
| Section |
Section Name |
| 54-35-01 |
Legislative management ‑ Created ‑ Members ‑ Vacancy ‑ Terms |
| 54-35-02 |
Powers and duties |
| 54-35-02.1 |
Legislative audit and fiscal review committee |
| 54-35-02.2 |
Powers and duties of the legislative audit and fiscal review committee |
| 54-35-02.3 |
Employee benefits programs committee ‑ Appointment ‑ Selection of chairman |
| 54-35-02.4 |
Employee benefits programs committee ‑ Powers and duties |
| 54-35-02.5 |
Administrative rules committee |
| 54-35-02.6 |
Rules reviewed by administrative rules committee ‑ Committee responsibility |
| 54-35-02.7 |
Water topics overview committee ‑ Powers and duties |
| 54-35-02.8 |
Legislative ethics committee |
| 54-35-02.9 |
Budget section ‑ Appointment ‑ Powers and duties |
| 54-35-02.10 |
Legislative audit and fiscal review committee ‑ Auditing guidelines |
| 54-35-02.11 |
Legislative task force on government efficiency ‑ Members ‑ Duties ‑ Report to the legislative management (Expired effective August 1, 2031) |
| 54-35-03 |
State departments, officers, and employees to cooperate |
| 54-35-04 |
Meetings ‑ When held ‑ How called ‑ Quorum |
| 54-35-05 |
Governor sending messages to meetings |
| 54-35-06 |
Officers ‑ Accept funds ‑ Expenditures |
| 54-35-07 |
Records ‑ Reports |
| 54-35-08 |
Recommended legislation may be required in advance |
| 54-35-09 |
Recommendations ‑ When made public ‑ Distribution |
| 54-35-10 |
Compensation of members and leadership |
| 54-35-11 |
Preparation for and assistance to legislative assembly ‑ Custody of equipment ‑ Approval of delayed vouchers |
| 54-35-12 |
Legislative budget analyst and auditor |
| 54-35-13 |
Personnel ‑ Compensation ‑ Expenses |
| 54-35-14 |
Powers and duties of legislative budget analyst and auditor |
| 54-35-15 |
Information technology program ‑ Staff ‑ Powers and duties |
| 54-35-15.1 |
Information technology committee ‑ Appointment |
| 54-35-15.2 |
Information technology committee ‑ Powers and duties |
| 54-35-15.3 |
Information technology project quality assurance ‑ Information technology committee review ‑ Suspension of funds |
| 54-35-15.4 |
Information technology committee ‑ Information technology reviews |
| 54-35-16 |
Authority to determine if legislative assembly meets |
| 54-35-17 |
Retention of legal counsel |
| 54-35-18 |
Energy development and transmission committee |
| 54-35-18.1 |
Electric industry competition committee ‑ Composition |
| 54-35-18.2 |
Electric industry competition committee ‑ Study areas |
| 54-35-18.3 |
Electric industry competition committee ‑ Recommendations |
| 54-35-19 |
Use of fees ‑ Appropriation |
| 54-35-20 |
National conference of insurance legislators ‑ Appointment of representatives |
| 54-35-21 |
No Child Left Behind Act of 2001 ‑ Interim committee ‑ Appointment ‑ Duties |
| 54-35-22 |
Workers' compensation review committee |
| 54-35-23 |
Committee on tribal and state relations ‑ Membership ‑ Duties |
| 54-35-24 |
Commission on alternatives to incarceration |
| 54-35-25 |
Legislative promotional expenses |
| 54-35-26 |
Legislative interim committee review of economic development tax incentives |
| 54-35-27 |
Legislative interim committee review of state agency fees |
Chapter 54-35.1 - Legislative Audit and Fiscal Review Committee [Repealed]
Chapter 54-35.2 - State Advisory Commission on Intergovernmental Relations
Chapter 54-36 - Indian Affairs Commission
| Section |
Section Name |
| 54-36-01 |
Commission ‑ Members ‑ Officers ‑ Expenses of members |
| 54-36-02 |
Employees ‑ Duties ‑ Compensation |
| 54-36-03 |
Powers and duties ‑ Continuing appropriation |
| 54-36-04 |
Public officers to cooperate |
| 54-36-05 |
Meetings ‑ Quorum |
| 54-36-06 |
Report and recommendations |
| 54-36-07 |
Appropriation |
| 54-36-08 |
Indian affairs commission printing fund for publications ‑ Appropriation |
| 54-36-09 |
Publications ‑ Fees |
| 54-36-10 |
North Dakota American Indian business development office |
Chapter 54-37 - Veterans Adjusted Compensation Bonds [Omitted]
Chapter 54-38 - Alcoholism and Drug Abuse
| Section |
Section Name |
| 54-38-01 |
Definitions |
| 54-38-02 |
Alcoholism and drug abuse division |
| 54-38-03 |
Meetings ‑ When held ‑ Compensation and expenses of members |
| 54-38-04 |
Executive director ‑ Appointment ‑ Duties ‑ Salary and expenses |
| 54-38-05 |
Duties of department |
| 54-38-06 |
Department may contract for services of other agencies ‑ Training of personnel |
| 54-38-07 |
Facilities for treatment of alcoholism ‑ Contracts |
| 54-38-08 |
Voluntary admission for treatment ‑ Rules and regulations ‑ Records confidential |
| 54-38-09 |
Reimbursement for treatment ‑ Rates ‑ Disposition of revenue and aid ‑ Expenditures ‑ Appropriation |
Chapter 54-39 - Korean Conflict Bonus Bond Issue [Omitted]
Chapter 54-40 - Joint Exercise of Governmental Powers
| Section |
Section Name |
| 54-40-01 |
Agreement ‑ Exercise of joint powers ‑ Bonds |
| 54-40-02 |
Agreement to state purpose |
| 54-40-02.1 |
Building management commission for county and city building ‑ Lease authority |
| 54-40-03 |
Disbursement of funds ‑ Issuance of bonds |
| 54-40-04 |
Termination of agreement |
| 54-40-05 |
Agreement shall provide for disposition of property |
| 54-40-06 |
Residence requirement |
| 54-40-07 |
Clarification of constitutional authority and effect of other statutes |
| 54-40-08 |
Agreements for the use by political subdivisions of buildings and facilities of the state |
| 54-40-09 |
Human service centers ‑ Powers ‑ Duties |
| 54-40-10 |
Human services ‑ Certification ‑ Standards |
| 54-40-11 |
County social service board collocation with human service centers ‑ Fiscal incentives |
| 54-40-12 |
Joint agreements for heat from a central heating source |
Chapter 54-40.1 - Regional Planning Councils
| Section |
Section Name |
| 54-40.1-01 |
Legislative findings and purpose |
| 54-40.1-02 |
Definitions |
| 54-40.1-03 |
Regional council ‑ Membership |
| 54-40.1-04 |
Regional council ‑ Powers and duties |
| 54-40.1-05 |
Reports |
| 54-40.1-06 |
Dissolution of regional council |
| 54-40.1-07 |
Rural catalyst committee ‑ Membership ‑ Meetings |
| 54-40.1-08 |
Rural catalyst grant program ‑ Eligibility ‑ Use of funds ‑ Postaward monitoring ‑ Report to legislative management and legislative assembly |
| 54-40.1-09 |
Rural catalyst fund |
Chapter 54-40.2 - Agreements Between Public Agencies and Indian Tribes
Chapter 54-40.3 - Joint Powers Agreements
| Section |
Section Name |
| 54-40.3-01 |
Joint powers agreements ‑ General authority |
| 54-40.3-02 |
Clarification of constitutional authority and effect of other statutes ‑ Construction |
| 54-40.3-03 |
Political subdivisions encouraged to file agreements with advisory commission on intergovernmental relations |
| 54-40.3-04 |
Joint exercise of police power |
| 54-40.3-05 |
Application of open records law |
Chapter 54-40.4 - County-City Home Rule
| Section |
Section Name |
| 54-40.4-01 |
County‑city home rule ‑ City participation |
| 54-40.4-02 |
Method of proposing home rule charter |
| 54-40.4-03 |
Charter commission alternatives ‑ Powers and limitations ‑ Charter contents |
| 54-40.4-04 |
Submission of charter to electors |
| 54-40.4-05 |
Ratification by majority vote ‑ Effect of unification ‑ Former powers preserved ‑ Supersession of existing charters and conflicting state laws ‑ Filing of copies of new charter |
| 54-40.4-06 |
Amendment or repeal ‑ Discontinuance of participation |
| 54-40.4-07 |
Manner of calling and holding elections |
| 54-40.4-08 |
Vested property ‑ Rights of action ‑ Actions saved |
| 54-40.4-09 |
Effect of amendment or repeal on salary or term of office |
Chapter 54-40.5 - Local Government Powers Transfer
Chapter 54-41 - North Dakota Coat of Arms
| Section |
Section Name |
| 54-41-01 |
Designation of coat of arms |
| 54-41-02 |
Significant elements of coat of arms |
| 54-41-03 |
Authorized use |
| 54-41-04 |
Employment as motif for color or standard ‑ Use by governor |
| 54-41-05 |
Unauthorized use ‑ Penalty |
Chapter 54-42 - North Dakota Merit System Council [Repealed]
Chapter 54-43 - Theodore Roosevelt Centennial Commission [Omitted]
Chapter 54-44 - Office of Management and Budget
| Section |
Section Name |
| 54-44-01 |
Responsibility of the office of management and budget |
| 54-44-02 |
State office of management and budget |
| 54-44-03 |
Director of the office of management and budget |
| 54-44-04 |
Powers and duties of the director of the office of management and budget |
| 54-44-04.1 |
The director of the office of management and budget shall have authority to withhold or deduct certain amounts from employees' compensation |
| 54-44-04.2 |
Unemployment compensation assessments to departments and institutions |
| 54-44-04.3 |
Appropriation of unemployment compensation assessments |
| 54-44-04.4 |
Payment of unemployment compensation claims |
| 54-44-04.5 |
Federal surplus property ‑ Office of management and budget responsible for distribution ‑ Powers and duties of director |
| 54-44-04.6 |
State surplus property ‑ Department heads to inform director ‑ Disposition of property ‑ Proceeds ‑ Exchange of property |
| 54-44-04.7 |
Responsibility to administer unassigned statutory functions of state government |
| 54-44-04.8 |
Purchase of state motor vehicles |
| 54-44-04.9 |
Financial reporting |
| 54-44-05 |
Warrants ‑ Numbered ‑ Show funds on which drawn ‑ Not drawn unless authorized |
| 54-44-06 |
Duties as to school fund |
| 54-44-07 |
Office to set up account against person who fails to render account |
| 54-44-08 |
Director to institute suits in name of state |
| 54-44-09 |
Supplies for institutions under control of the office of management and budget |
| 54-44-10 |
Legislative inspection of books of office of management and budget |
| 54-44-11 |
Office's operating funds creation ‑ Continuing appropriation (Retroactive application ‑ See note) |
| 54-44-12 |
Deposit and disbursement of funds of occupational and professional boards ‑ Appropriation |
| 54-44-13 |
Failure of political subdivisions to repay natural disaster overpayments ‑ Office of management and budget authorized to withhold funds |
| 54-44-14 |
Director may sell, lease, exchange, or transfer title or use to all or part of the san haven properties |
| 54-44-15 |
Reimbursement from institutions of higher education for state's share of default costs |
| 54-44-16 |
Oil and gas tax revenue put options |
| 54-44-17 |
State property and institution alternative use grant program |
| 54-44-18 |
State facility maintenance fund |
Chapter 54-44.1 - Office of the Budget
| Section |
Section Name |
| 54-44.1-01 |
Definition |
| 54-44.1-02 |
Office of the budget ‑ Director ‑ Employees ‑ Powers |
| 54-44.1-03 |
Powers and duties of the director of the budget |
| 54-44.1-04 |
Budget estimates of budget units filed with the office of the budget ‑ Deadline |
| 54-44.1-05 |
Federal aid budget requests ‑ Filed with the office of the budget |
| 54-44.1-06 |
Preparation of the budget data ‑ Contents |
| 54-44.1-06.1 |
Contents of capital construction bill |
| 54-44.1-07 |
Presentation of budget data ‑ How presented to the legislative assembly |
| 54-44.1-08 |
Budget report ‑ Contents ‑ When submitted to legislative assembly |
| 54-44.1-09 |
All expenditures must be appropriated |
| 54-44.1-09.1 |
Insurance recoveries appropriated |
| 54-44.1-10 |
Payments made pursuant to law only |
| 54-44.1-11 |
Office of management and budget to cancel unexpended appropriations ‑ When they may continue (Effective through July 31, 2027) |
| 54-44.1-12 |
Control over rate of expenditures |
| 54-44.1-12.1 |
Implementation of legislative intent ‑ Legislative objection to execution of budget ‑ Effect of objection |
| 54-44.1-13 |
Budget requests for legislative and judicial branches |
| 54-44.1-13.1 |
Apportionment of reductions in spending authority caused by an initiative or referendum action |
| 54-44.1-14 |
Biennial report to legislative assembly |
| 54-44.1-15 |
Indirect cost recoveries from federal programs and special funds |
| 54-44.1-16 |
Office of the budget and information technology department ‑ New building construction cost‑benefit analyses |
| 54-44.1-17 |
Bank of North Dakota transfers to the general fund ‑ Restoration |
| 54-44.1-18 |
Searchable database of expenditures |
Chapter 54-44.2 - Information Services Division [Repealed]
Chapter 54-44.3 - Central Personnel System
| Section |
Section Name |
| 54-44.3-01 |
Purpose of chapter |
| 54-44.3-01.1 |
Compensation relationships ‑ Policy |
| 54-44.3-01.2 |
Compensation philosophy statement |
| 54-44.3-02 |
Definitions |
| 54-44.3-03 |
State personnel board ‑ Composition ‑ Terms ‑ Vacancies ‑ Qualifications |
| 54-44.3-04 |
Compensation and expenses of members of board |
| 54-44.3-05 |
Secret ballot election - Guidelines |
| 54-44.3-06 |
Meetings |
| 54-44.3-07 |
Duties of board |
| 54-44.3-08 |
Testimony ‑ Call witnesses ‑ Request production of papers |
| 54-44.3-09 |
Board secretariat |
| 54-44.3-10 |
Action to secure compliance with chapter |
| 54-44.3-11 |
North Dakota human resource management services ‑ Director ‑ Appointment ‑ Removal |
| 54-44.3-12 |
Duties of director |
| 54-44.3-12.1 |
Revisions to compensation plan |
| 54-44.3-12.2 |
Employee complaints ‑ Cooperation in development and implementation of basic agency grievance procedures and a statewide appeal mechanism ‑ Appeals |
| 54-44.3-13 |
Records and information to be furnished |
| 54-44.3-14 |
Records public |
| 54-44.3-14.1 |
Mediation ‑ Open records exemption ‑ Retaliation prohibition |
| 54-44.3-15 |
Payment disapproved by director |
| 54-44.3-16 |
Agency personnel officers |
| 54-44.3-17 |
Grant‑in‑aid programs |
| 54-44.3-18 |
Authority to provide services to cities and political subdivisions |
| 54-44.3-19 |
Board authority to provide service to cities, political subdivisions, and other entities |
| 54-44.3-20 |
Categories of positions in the state service |
| 54-44.3-21 |
Employment only under approved class title |
| 54-44.3-22 |
Limitations on inquiries in application or test ‑ Discrimination prohibited |
| 54-44.3-23 |
Veterans' preferences |
| 54-44.3-24 |
Application of chapter to existing employees |
| 54-44.3-25 |
Prohibited conduct |
| 54-44.3-26 |
Penalty |
| 54-44.3-27 |
Transfer of records of merit system council |
| 54-44.3-28 |
College student cooperative education or intern program ‑ Eligibility |
| 54-44.3-29 |
Acceptance of federal funds |
| 54-44.3-30 |
Agencies subject to merit system |
| 54-44.3-31 |
Political subdivision may request to be exempted from state merit system |
| 54-44.3-32 |
Political subdivision merit system compliance |
Chapter 54-44.4 - State Purchasing Practices
| Section |
Section Name |
| 54-44.4-01 |
Declaration of policy ‑ Definitions |
| 54-44.4-01.1 |
Elected officials ‑ Bidder ‑ Communication |
| 54-44.4-02 |
Office of management and budget purchasing services |
| 54-44.4-02.1 |
Procurement of services |
| 54-44.4-02.2 |
Specified exempt commodities and services ‑ Report to the budget section |
| 54-44.4-02.3 |
Purchases from state contracts by state officials and employees |
| 54-44.4-03 |
Director of the office of management and budget may delegate purchasing authority |
| 54-44.4-04 |
Office of management and budget ‑ Rules |
| 54-44.4-05 |
Competitive, limited competitive, noncompetitive, and negotiated purchases ‑ Exempt records |
| 54-44.4-05.1 |
Resolution of tie bids or proposals |
| 54-44.4-06 |
All purchases to be made in accordance with specifications ‑ Multistep sealed bids |
| 54-44.4-07 |
Procurement of environmentally preferable products |
| 54-44.4-08 |
Purchase of recycled paper products |
| 54-44.4-09 |
Bidders list |
| 54-44.4-09.1 |
Secretary of state registration |
| 54-44.4-10 |
Competitive sealed proposals ‑ Exempt records |
| 54-44.4-11 |
Small purchases |
| 54-44.4-12 |
Resolution of protested solicitations and awards |
| 54-44.4-13 |
Cooperative purchasing |
| 54-44.4-13.1 |
Purchases ‑ Payment |
| 54-44.4-13.2 |
Multiple award vendor pool contracts - Indefinite-delivery, indefinite-quantity - Multistep competition |
| 54-44.4-14 |
Procurement information ‑ Website |
| 54-44.4-15 |
Purchasing contracts ‑ Prohibition ‑ Israel boycott |
Chapter 54-44.5 - Division of Community Services
| Section |
Section Name |
| 54-44.5-01 |
Definitions |
| 54-44.5-02 |
Division of community services ‑ Creation |
| 54-44.5-03 |
Powers and duties of the director |
| 54-44.5-04 |
Division of community services ‑ Powers and duties |
| 54-44.5-05 |
Continuing appropriation |
| 54-44.5-05.1 |
Energy conservation grant fund - Continuing appropriation |
| 54-44.5-06 |
Community action agency board of directors ‑ Qualifications ‑ Powers ‑ Duties |
| 54-44.5-07 |
Funding ‑ Community action agency's share of funds ‑ How determined |
| 54-44.5-08 |
State facility energy improvement program |
| 54-44.5-09 |
Office of renewable energy and energy efficiency |
Chapter 54-44.6 - Forms Management
Chapter 54-44.7 - Architect, Engineer, and Land Surveying Services
Chapter 54-44.8 - Communications-Impaired Telecommunications Services
| Section |
Section Name |
| 54-44.8-01 |
Definitions |
| 54-44.8-02 |
Responsibilities of the administrator |
| 54-44.8-03 |
Program established ‑ Purpose |
| 54-44.8-04 |
Responsibilities of the department |
| 54-44.8-05 |
Telecommunications relay service ‑ Requirements |
| 54-44.8-06 |
Gifts and grants |
| 54-44.8-07 |
Telecommunications services account for the communications impaired |
| 54-44.8-08 |
Telephone access line and radio communications access surcharge |
| 54-44.8-09 |
Records ‑ Audit |
Chapter 54-45 - Civil Air Patrol
| Section |
Section Name |
| 54-45-00.1 |
Civil air patrol defined ‑ Declaration of policy |
| 54-45-01 |
Department of civil air patrol ‑ Commanding officer |
| 54-45-02 |
Cooperation with state and federal governments |
| 54-45-03 |
Expenditure of funds ‑ Limitation |
| 54-45-04 |
Workmen's compensation coverage authorized |
Chapter 54-46 - Records Management
| Section |
Section Name |
| 54-46-01 |
Short title |
| 54-46-02 |
Definitions |
| 54-46-03 |
State records administrator |
| 54-46-03.1 |
Transfer of records management functions authorized |
| 54-46-04 |
Duties of administrator |
| 54-46-05 |
Duties of agency heads |
| 54-46-06 |
Assistance to legislative and judicial branches |
| 54-46-07 |
Records not to be destroyed or removed |
| 54-46-08 |
Determination necessary for final disposition of records ‑ Review of state data |
| 54-46-08.1 |
Preservation of records found to be archival resources |
| 54-46-09 |
Destruction of nonrecord materials and nonarchival resources |
| 54-46-10 |
Rules and regulations |
| 54-46-11 |
Annual report |
| 54-46-12 |
County, city, and park district records ‑ Uniform program established by administrator |
| 54-46-13 |
Rules for state and human service zone records ‑ Administrator to adopt |
| 54-46-14 |
Continued confidentiality of records |
Chapter 54-46.1 - Central Microfilm Unit
| Section |
Section Name |
| 54-46.1-01 |
Central microfilm unit ‑ Contracting for services |
| 54-46.1-02 |
Transfer of equipment ‑ Exception ‑ Alternative services |
| 54-46.1-02.1 |
Optical data storage authorized |
| 54-46.1-03 |
Reproductions admissible in evidence ‑ Preparation of copies |
| 54-46.1-04 |
Duplicate storage of microfilm records |
| 54-46.1-05 |
Restriction on purchases and contracts for microfilm equipment and services ‑ Alternative services |
| 54-46.1-06 |
Adoption of rules |
| 54-46.1-07 |
Secrecy provision |
Chapter 54-47 - Continuity of Government, Executive, Judiciary, and Political Subdivisions [Repealed]
Chapter 54-48 - Continuity of Government, Legislative Assembly [Repealed]
Chapter 54-49 - Natural Resources and Environmental Management Council [Repealed]
Chapter 54-49.1 - Natural Resources Council [Repealed]
Chapter 54-50 - Peace Officers' Commission [Repealed]
Chapter 54-51 - Interchange of Government Employees
| Section |
Section Name |
| 54-51-01 |
Declaration of policy |
| 54-51-02 |
Definitions |
| 54-51-03 |
Authority to interchange employees |
| 54-51-04 |
Duration of exchange |
| 54-51-05 |
Status of employees of this state |
| 54-51-06 |
Salary and benefits |
| 54-51-07 |
Death or injury of employee |
| 54-51-08 |
Travel expenses of employees of this state |
| 54-51-09 |
Status of employees of other governments |
| 54-51-10 |
Travel expenses of employees of other governments |
| 54-51-11 |
Reports of participating agencies |
Chapter 54-52 - Public Employees Retirement System
| Section |
Section Name |
| 54-52-01 |
Definition of terms |
| 54-52-02 |
Formulation of plan ‑ Exclusion of employees covered by plans in existence |
| 54-52-02.1 |
Political subdivisions authorized to join public employees retirement system |
| 54-52-02.2 |
Employee referendum ‑ Authorization and supervision |
| 54-52-02.3 |
Newly elected supreme and district court judges |
| 54-52-02.4 |
Participation by certain employees ‑ Requirements |
| 54-52-02.5 |
Newly elected and appointed state officials |
| 54-52-02.6 |
Repurchase of past service upon re-employment |
| 54-52-02.7 |
Purchase of service by former employees of mental health and retardation centers |
| 54-52-02.8 |
Purchase of service |
| 54-52-02.9 |
Participation by temporary employees |
| 54-52-02.10 |
Members of the legislative assembly |
| 54-52-02.11 |
Participation requirements for nonstate elected officials |
| 54-52-02.12 |
Participation requirements for nonstate appointed officials |
| 54-52-02.13 |
Participation by nonteaching employees of the office of the superintendent of public instruction |
| 54-52-02.14 |
Participation by employees of the state board for career and technical education |
| 54-52-02.15 |
Public employees retirement system main plan ‑ Closure to new hires ‑ Multiple plan membership |
| 54-52-03 |
Governing authority |
| 54-52-04 |
Board authority |
| 54-52-05 |
Membership and assessments ‑ Employer payment of employee contributions (Retroactive application - See note) |
| 54-52-06 |
Employer's contribution to retirement plan ‑ Report to the employee benefits programs committee |
| 54-52-06.1 |
Contribution by supreme and district court judges ‑ Employer contribution |
| 54-52-06.2 |
Contribution by national guard security officers or firefighters ‑ Employer contribution |
| 54-52-06.3 |
Contribution by peace officers, firefighters, dispatchers, emergency medical services personnel, and correctional officers employed by political subdivisions ‑ Employer contribution |
| 54-52-06.4 |
Contribution by peace officers, dispatchers, firefighters, and correctional officers employed by the state or security officers employed by the national guard ‑ Employer contribution (Retroactive application ‑ See note) |
| 54-52-06.5 |
Reduction in member and employer contributions |
| 54-52-07 |
Governmental unit contribution is retirement contribution |
| 54-52-08 |
State income tax deductions |
| 54-52-09 |
Exemption from state premium tax |
| 54-52-10 |
Allocation of funds |
| 54-52-10.1 |
Payment of benefits and other costs |
| 54-52-11 |
Vesting ‑ Vesting schedule of agency, county, city, or school district contribution |
| 54-52-11.1 |
Vesting of employer contributions |
| 54-52-12 |
Exemption from taxation and judicial process ‑ Prohibition of assignment |
| 54-52-13 |
Deposit of moneys ‑ Appropriation |
| 54-52-13.1 |
Retirement benefits ‑ Continuing appropriation |
| 54-52-14 |
Acceptance of money and property by the board |
| 54-52-14.1 |
Investment of moneys in fund |
| 54-52-14.2 |
Interest and earnings attributable to administered funds |
| 54-52-14.3 |
Public employee retirement funds ‑ Use and investment |
| 54-52-15 |
Accounting requirements |
| 54-52-16 |
Insurance contracts ‑ Trust agreements |
| 54-52-17 |
Formulation of plan (Retroactive application ‑ See note) |
| 54-52-17.1 |
Actuarial studies required |
| 54-52-17.2 |
Multiple plan membership ‑ Eligibility for benefits ‑ Amount of benefits |
| 54-52-17.3 |
Purchase of legislative service credit |
| 54-52-17.4 |
Purchase of additional credit |
| 54-52-17.5 |
Postretirement adjustments |
| 54-52-17.6 |
Benefit payments to alternate payee under qualified domestic relations order |
| 54-52-17.7 |
Employment records |
| 54-52-17.8 |
Benefit limitations |
| 54-52-17.9 |
Prior service retiree adjustment |
| 54-52-17.10 |
Prior service retiree adjustment |
| 54-52-17.11 |
Judges postretirement adjustments |
| 54-52-17.12 |
Judges postretirement adjustments |
| 54-52-17.13 |
Supplemental retiree benefit payment |
| 54-52-17.14 |
Military service under the Uniformed Services Employment and Reemployment Rights Act ‑ Member retirement credit |
| 54-52-18 |
Apportionment of benefits |
| 54-52-19 |
Prior service |
| 54-52-19.1 |
Continuance of prior service benefits earned under former plan |
| 54-52-19.2 |
Grant of prior service credit after refund |
| 54-52-20 |
Prior service ‑ Register ‑ Benefits |
| 54-52-21 |
Plan not employment contract |
| 54-52-22 |
Interpretation clause |
| 54-52-23 |
Savings clause ‑ Plan modifications |
| 54-52-24 |
Planning and organizing funds |
| 54-52-25 |
Limitation of powers |
| 54-52-26 |
Confidentiality of records |
| 54-52-27 |
Purchase of sick leave credit |
| 54-52-28 |
Internal Revenue Code compliance |
| 54-52-29 |
Employer service purchases |
Chapter 54-52.1 - Uniform Group Insurance Program
| Section |
Section Name |
| 54-52.1-01 |
Definitions |
| 54-52.1-02 |
Uniform group insurance program created ‑ Formation into subgroups |
| 54-52.1-03 |
Employee participation in plan ‑ Employee to furnish information ‑ Benefits to continue upon retirement or termination |
| 54-52.1-03.1 |
Certain political subdivisions authorized to join uniform group insurance program ‑ Employer contribution |
| 54-52.1-03.2 |
Retiree health benefits fund ‑ Appropriation |
| 54-52.1-03.3 |
Eligibility for retiree health benefits ‑ Fixed contribution and reduction factors |
| 54-52.1-03.4 |
Temporary employees and employees on unpaid leave of absence |
| 54-52.1-03.5 |
Emergency responders who die in the line of duty ‑ Health benefits (Retroactive application - See note) |
| 54-52.1-04 |
Board to contract for insurance |
| 54-52.1-04.1 |
Health maintenance organization contract ‑ Membership option |
| 54-52.1-04.2 |
Self‑insurance health plan |
| 54-52.1-04.3 |
Self‑insurance health plan ‑ Reserve fund ‑ Continuing appropriation ‑ Benefits ‑ Insurance commissioner |
| 54-52.1-04.4 |
Insurance to cover mammogram examinations |
| 54-52.1-04.5 |
Insurance to cover involuntary complications of pregnancy |
| 54-52.1-04.6 |
Coverage for treatment of certain disorders |
| 54-52.1-04.7 |
Uniform group insurance program ‑ Vision and dental plans |
| 54-52.1-04.8 |
Uniform group insurance program ‑ Long‑term care plan |
| 54-52.1-04.9 |
Uniform group insurance program ‑ Employee assistance program |
| 54-52.1-04.10 |
Insurance to cover dental anesthesia and hospitalization |
| 54-52.1-04.11 |
Insurance to cover foods and food products for inherited metabolic diseases |
| 54-52.1-04.12 |
Insurance to cover medical services related to intoxication |
| 54-52.1-04.13 |
Coverage of telehealth services |
| 54-52.1-04.14 |
Coverage of cancer treatment medications |
| 54-52.1-04.15 |
Health insurance benefits coverage ‑ Prescription drug coverage ‑ Transparency ‑ Audits ‑ Confidentiality |
| 54-52.1-04.16 |
Prescription drug coverage ‑ Performance audits |
| 54-52.1-04.17 |
Self-insurance health plan - Bank of North Dakota line of credit - Continuing appropriation |
| 54-52.1-04.18 |
Health insurance benefits coverage ‑ Insulin drug and supply out‑of-pocket limitations |
| 54-52.1-04.19 |
Uniform group insurance program ‑ Prosthetic devices |
| 54-52.1-05 |
Provisions of contract ‑ Term of contract |
| 54-52.1-05.1 |
Health insurance benefits coverage - Insured and provider data disclosure |
| 54-52.1-06 |
State contribution - Penalty |
| 54-52.1-06.1 |
Uniform group insurance program benefits ‑ Continuing appropriation |
| 54-52.1-07 |
Optional coverage for employee's family |
| 54-52.1-08 |
Administration ‑ Board to promulgate rules and regulations |
| 54-52.1-08.1 |
Administrative ‑ Nondiscrimination testing for health and life insurance programs |
| 54-52.1-08.2 |
Uniform group insurance program ‑ Compliance with federal requirements ‑ Group purchasing arrangements |
| 54-52.1-09 |
Reports |
| 54-52.1-09.1 |
Health insurance utilization reports |
| 54-52.1-10 |
Exemption from state premium tax |
| 54-52.1-11 |
Confidentiality of employee records |
| 54-52.1-12 |
Ownership and confidentiality of the uniform group health insurance medical records of employees, retirees, and dependents |
| 54-52.1-13 |
Uniform prescription drug cards |
| 54-52.1-14 |
Wellness program |
| 54-52.1-15 |
Acceptance and expenditure of third‑party payments ‑ Continuing appropriation |
| 54-52.1-16 |
Uniform group insurance program ‑ Collaborative drug therapy program ‑ Continuing appropriation |
| 54-52.1-17 |
Uniform group insurance program ‑ Collaborative drug therapy program ‑ Funding |
| 54-52.1-18 |
High‑deductible health plan alternative with health savings account option |
Chapter 54-52.2 - Deferred Compensation Plan for Public Employees
| Section |
Section Name |
| 54-52.2-01 |
Deferred compensation program for public employees ‑ Contract |
| 54-52.2-02 |
Deferred employee's compensation ‑ Agreements |
| 54-52.2-03 |
Deferred compensation program ‑ Administration ‑ Contract for services |
| 54-52.2-03.1 |
Deferred compensation program ‑ Executive director ‑ Staff ‑ Funding |
| 54-52.2-03.2 |
Deferred compensation program ‑ Board authority ‑ Provider information |
| 54-52.2-03.3 |
Benefit payments to alternate payee under qualified domestic relations order |
| 54-52.2-03.4 |
Administrative expenses - Continuing appropriation |
| 54-52.2-04 |
Definition ‑ Employee |
| 54-52.2-05 |
Administrators authorized to make payments or investments |
| 54-52.2-06 |
Deferred compensation program ‑ Benefits ‑ Taxation ‑ Exemption from judicial process ‑ Assignment |
| 54-52.2-07 |
Liability under deferred compensation program |
| 54-52.2-08 |
Employer contribution |
| 54-52.2-09 |
Employer match for members of defined contribution retirement plan |
Chapter 54-52.3 - Pretax Benefits Program
| Section |
Section Name |
| 54-52.3-01 |
Pretax benefits program for public employees |
| 54-52.3-02 |
Authority of board |
| 54-52.3-03 |
Employer savings used to defray expenses of administering program ‑ Continuing appropriation |
| 54-52.3-04 |
Effect of participation on other state‑administered employee benefits programs |
| 54-52.3-05 |
Confidentiality of program records |
| 54-52.3-06 |
Deposit of program moneys ‑ Appropriation |
Chapter 54-52.4 - State Employee Leave Policies
Chapter 54-52.5 - State Retirement and Investment Office
| Section |
Section Name |
| 54-52.5-01 |
North Dakota state retirement and investment office |
| 54-52.5-02 |
Governing authority |
| 54-52.5-03 |
State retirement and investment fund ‑ Cost of operation of agency |
| 54-52.5-04 |
Incentive compensation program ‑ Report to legislative management |
Chapter 54-52.6 - Defined Contribution Retirement Plan
Chapter 54-53 - Upper Great Plains Transportation Institute
| Section |
Section Name |
| 54-53-01 |
Upper great plains transportation institute ‑ Establishment |
| 54-53-02 |
Advisory transportation council ‑ Composition |
| 54-53-03 |
Purpose ‑ Powers and duties |
| 54-53-04 |
Gifts and grants |
Chapter 54-54 - Council on the Arts
| Section |
Section Name |
| 54-54-01 |
Legislative purpose and policy |
| 54-54-02 |
Council ‑ Members ‑ Appointment |
| 54-54-03 |
Term of office ‑ Filling vacancies ‑ Chairman ‑ Vice chairman ‑ Expenses |
| 54-54-04 |
Other employees ‑ Appointment ‑ Compensation |
| 54-54-05 |
Duties of council |
| 54-54-06 |
Hearings ‑ Contracts ‑ Gifts |
| 54-54-07 |
Funds from national foundation on the arts |
| 54-54-08 |
Legislative intent relating to state funds |
| 54-54-08.1 |
Cultural endowment fund ‑ Purposes |
| 54-54-08.2 |
Cultural endowments ‑ Limitations |
| 54-54-09 |
Report |
| 54-54-10 |
Poet laureate ‑ Nominating board ‑ Appointment ‑ Term |
| 54-54-11 |
State troubadour |
Chapter 54-55 - Commission on Uniform State Laws
| Section |
Section Name |
| 54-55-01 |
Commission on uniform state laws ‑ Membership |
| 54-55-02 |
Vacancies |
| 54-55-03 |
Meeting and organization |
| 54-55-04 |
Duties of commissioners and commission |
| 54-55-05 |
No compensation for commissioners ‑ Commissioners entitled to reimbursement |
Chapter 54-56 - Children's Services Coordinating Committee [Repealed]
Chapter 54-57 - Office of Administrative Hearings
| Section |
Section Name |
| 54-57-01 |
Office of administrative hearings ‑ Agency defined ‑ Administrative agency defined |
| 54-57-02 |
Temporary administrative law judges |
| 54-57-03 |
Hearings before administrative law judges |
| 54-57-03.1 |
Hearings after judgment |
| 54-57-04 |
Duties of administrative law judges |
| 54-57-05 |
Uniform rules of administrative practice or procedure ‑ Effective date ‑ Administrative law judge rules |
| 54-57-06 |
Transfer and transition provisions |
| 54-57-07 |
Compensation for provision of administrative law judges ‑ Special fund established ‑ Continuing appropriation |
| 54-57-08 |
Advisory council |
| 54-57-09 |
Case processing tracking and reporting |
Chapter 54-58 - Tribal-State Gaming Compact
| Section |
Section Name |
| 54-58-01 |
Tribal‑state gaming compact ‑ Definition |
| 54-58-02 |
Tribal gaming records not subject to disclosure ‑ Exceptions |
| 54-58-03 |
Tribal‑state gaming compact ‑ Creation, renewals, and amendments |
Chapter 54-59 - Information Technology Department
| Section |
Section Name |
| 54-59-01 |
Definitions |
| 54-59-02 |
Information technology department ‑ Responsibility ‑ Public policy |
| 54-59-02.1 |
Prioritization of proposed major information technology projects |
| 54-59-02.2 |
Distributed ledger technologies ‑ Authorization ‑ Pilot program ‑ Report |
| 54-59-03 |
Chief information officer of the state |
| 54-59-04 |
Duties of chief information officer |
| 54-59-05 |
Powers and duties of department |
| 54-59-06 |
Business plan |
| 54-59-07 |
State information technology advisory committee |
| 54-59-08 |
Required use of wide area network services |
| 54-59-09 |
Information technology standards |
| 54-59-10 |
Information technology coordinators |
| 54-59-11 |
Information technology plans |
| 54-59-11.1 |
Information technology project planning |
| 54-59-12 |
Coordination of activities ‑ Reports |
| 54-59-13 |
Compliance reviews |
| 54-59-14 |
Information technology operating fund ‑ Continuing appropriation ‑ Report |
| 54-59-15 |
Acceptance of funds |
| 54-59-16 |
Confidentiality |
| 54-59-17 |
Educational technology council ‑ Meetings ‑ Compensation |
| 54-59-18 |
North Dakota educational technology council ‑ Powers and duties |
| 54-59-19 |
Information technology department annual report |
| 54-59-20 |
Security background information |
| 54-59-21 |
Criminal justice information sharing board ‑ Membership ‑ Duties and powers ‑ Director ‑ Exempt records |
| 54-59-22 |
Required use of electronic mail, file and print server administration, database administration, application server, and hosting services |
| 54-59-22.1 |
Required use of centralized desktop support services |
| 54-59-23 |
Information technology projects ‑ Reports |
| 54-59-24 |
Borrowing authority ‑ E‑rate funding ‑ Emergency commission approval |
| 54-59-25 |
Health information technology advisory committee ‑ Duties |
| 54-59-26 |
Health information technology office ‑ Duties ‑ Loan and grant programs |
| 54-59-27 |
Health information technology office ‑ Electronic health information exchange fund |
| 54-59-28 |
Participation in the health information exchange by executive branch state agencies and institutions of higher education |
| 54-59-29 |
Health information exchange - Confidential and exempt records |
| 54-59-30 |
Immunity for reliance on data from the health information exchange |
| 54-59-31 |
Certified electronic health records systems |
| 54-59-32 |
Major information technology projects ‑ Oversight |
| 54-59-33 |
Statewide longitudinal data system committee ‑ Membership |
| 54-59-34 |
Statewide longitudinal data system ‑ Information technology department ‑ Duties |
| 54-59-35 |
Statewide longitudinal data system committee - Powers |
| 54-59-36 |
Statewide longitudinal data system ‑ Report to legislative management |
| 54-59-37 |
Statewide longitudinal data system ‑ Continuing appropriation |
| 54-59-38 |
Statewide longitudinal data system committee - Information technology department |
| 54-59-39 |
State agencies ‑ Mandatory provision of information ‑ Confidentiality |
Chapter 54-59.1 - Cybersecurity Incident Reporting Requirements
| Section |
Section Name |
| 54-59.1-01 |
Definitions |
| 54-59.1-02 |
Immediate disclosure to the department |
| 54-59.1-03 |
Ongoing disclosure to the department during a cybersecurity incident |
| 54-59.1-04 |
Disclosure to the department ‑ Legislative and judicial branches |
| 54-59.1-05 |
Method of disclosure of cybersecurity incidents |
| 54-59.1-06 |
Statewide cybersecurity incident response |
| 54-59.1-07 |
Disclosure to the legislative management |
Chapter 54-60 - Department of Commerce
| Section |
Section Name |
| 54-60-01 |
Definitions |
| 54-60-02 |
Department of commerce ‑ Divisions |
| 54-60-03 |
Commissioner of commerce ‑ Duties |
| 54-60-04 |
North Dakota economic development foundation ‑ Executive committee ‑ Duties |
| 54-60-05 |
Compensation and reimbursement of foundation members |
| 54-60-06 |
Commerce cabinet |
| 54-60-07 |
Cooperation with other agencies or private entities to jointly publish or mail publications |
| 54-60-08 |
Workforce safety and insurance commerce data |
| 54-60-09 |
Division of workforce development ‑ Duties ‑ Report |
| 54-60-10 |
Career guidance and job opportunities ‑ Internet website ‑ Fees ‑ Continuing appropriation |
| 54-60-11 |
Target industries ‑ Report to legislative council |
| 54-60-12 |
North Dakota image information program |
| 54-60-13 |
Business hotline |
| 54-60-14 |
North Dakota American Indian business development office |
| 54-60-15 |
North Dakota women's business development office |
| 54-60-16 |
International business and trade office ‑ Advisory board |
| 54-60-17 |
Division of workforce development ‑ Internships, apprenticeships, and work experience opportunities |
| 54-60-17.1 |
Internship fund - Continuing appropriation |
| 54-60-18 |
Division of workforce development ‑ Career specialist |
| 54-60-19 |
Division of workforce development ‑ Talent strategy ‑ Performance and accountability ‑ Report |
| 54-60-20 |
Beginning again North Dakota pilot program ‑ Continuing appropriation ‑ Report to legislative council |
| 54-60-21 |
Workforce enhancement council |
| 54-60-22 |
Workforce enhancement council ‑ Grants |
| 54-60-23 |
Workforce enhancement fund ‑ Continuing appropriation |
| 54-60-24 |
Rural development office |
| 54-60-25 |
North Dakota rural development council ‑ Composition |
| 54-60-26 |
Division of workforce development ‑ Annual reports ‑ North Dakota workforce development council ‑ Budget acceptance |
| 54-60-27 |
Division of workforce development - Pilot program - Higher education electronic portfolio system |
| 54-60-28 |
Uncrewed aircraft systems program ‑ Report to legislative management |
| 54-60-29 |
Uncrewed aircraft systems program fund ‑ Continuing appropriation |
| 54-60-29.1 |
Beyond visual line of sight uncrewed aircraft system program ‑ Requirements ‑ Report to legislative management |
| 54-60-30 |
Boundary and annexation survey reporting |
| 54-60-31 |
Global talent office ‑ Duties |
| 54-60-32 |
Regional planning council grants - Purpose |
| 54-60-33 |
Reporting requirements ‑ Budget section ‑ Grant programs |
Chapter 54-60.1 - Business Incentives, Agreements, and Reports [Repealed]
Chapter 54-60.2 - Workforce Development Grant for Tribally Controlled Community Colleges
| Section |
Section Name |
| 54-60.2-01 |
Establishment of workforce development grant for tribally controlled community colleges |
| 54-60.2-02 |
Purpose of grants |
| 54-60.2-03 |
Cooperation and collaboration with other agencies |
| 54-60.2-04 |
Use of grants |
| 54-60.2-05 |
Reports to the department of commerce |
Chapter 54-60.3 - Agricultural Products Utilization Commission [Repealed]
Chapter 54-61 - Commission on Legal Counsel for Indigents
| Section |
Section Name |
| 54-61-01 |
Commission on legal counsel for indigents ‑ Membership |
| 54-61-02 |
Commission responsibilities |
| 54-61-02.1 |
Contract services |
| 54-61-03 |
Commission director ‑ Responsibilities |
| 54-61-04 |
Records, files, and information ‑ Accessibility ‑ Confidentiality |
| 54-61-05 |
Criminal history record checks |
Chapter 54-62 - Faith-Based and Community Initiatives
| Section |
Section Name |
| 54-62-01 |
Office of faith‑based and community initiatives established |
| 54-62-02 |
Functions |
| 54-62-03 |
Advisory commission |
Chapter 54-63 - Renewable Energy Council
| Section |
Section Name |
| 54-63-00.1 |
Definitions |
| 54-63-01 |
Renewable energy council ‑ Composition |
| 54-63-02 |
Access to council records |
| 54-63-03 |
Industrial commission powers |
| 54-63-04 |
Renewable energy development fund ‑ Continuing appropriation |
Chapter 54-63.1 - Clean Sustainable Energy Authority
| Section |
Section Name |
| 54-63.1-01 |
Definitions |
| 54-63.1-02 |
Clean sustainable energy authority - Purpose |
| 54-63.1-03 |
Clean sustainable energy authority ‑ Membership ‑ Meetings |
| 54-63.1-04 |
Clean sustainable energy authority ‑ Duties ‑ Report (Retroactive application ‑ See note) |
| 54-63.1-05 |
Clean sustainable energy program ‑ Powers and duties of the commission |
| 54-63.1-06 |
Clean sustainable energy program ‑ Access to records |
| 54-63.1-07 |
Clean sustainable energy fund ‑ Continuing appropriation ‑ Line of credit ‑ Loans ‑ Repayments |
Chapter 54-64 - Individual Development Accounts
| Section |
Section Name |
| 54-64-01 |
Definitions |
| 54-64-02 |
Funds awarded |
| 54-64-03 |
Community action agency duties |
| 54-64-04 |
Household eligibility ‑ Participation |
| 54-64-05 |
Withdrawal ‑ Matching ‑ Permissible uses |
| 54-64-06 |
Consideration for assistance programs |
| 54-64-07 |
Program reporting |
Chapter 54-65 - Centers of Research Excellence [Repealed]
Chapter 54-66 - State Government Ethics
| Section |
Section Name |
| 54-66-01 |
Definitions |
| 54-66-02 |
Disclosure of ultimate and true source of funds |
| 54-66-03 |
Lobbyist gifts ‑ Penalty |
| 54-66-04 |
Ethics commission member terms ‑ Meetings ‑ Code of ethics ‑ Compensation ‑ Office |
| 54-66-04.1 |
Commission delegation of duties |
| 54-66-04.2 |
Advisory opinions ‑ Authority ‑ Effect |
| 54-66-05 |
Making a complaint ‑ Summary dismissal of complaint |
| 54-66-06 |
Informing the respondent ‑ Written response permitted ‑ Petition to dismiss complaint |
| 54-66-07 |
Informal resolution |
| 54-66-08 |
Investigations ‑ Referrals |
| 54-66-09 |
Investigation findings ‑ Ethics commission determinations |
| 54-66-10 |
Appeals |
| 54-66-10.1 |
Complaint management time standards |
| 54-66-11 |
Rulemaking |
| 54-66-12 |
Confidential information |
| 54-66-13 |
Restriction on lobbying by public officials ‑ Penalty |
| 54-66-14 |
Attorney general to provide legal services |
| 54-66-15 |
Prohibition on delivering campaign contributions ‑ Penalty |
| 54-66-16 |
Removal of ethics commission members |
| 54-66-17 |
Participation in quasi-judicial proceedings |
| 54-66-18 |
Conflicts of interest ‑ Legislative assembly |
| 54-66-19 |
Ethics commission annual report |
Chapter 54-67 - State Alert Notice System
| Section |
Section Name |
| 54-67-01 |
Definitions |
| 54-67-02 |
Alert notice system activation ‑ Report |
| 54-67-03 |
Annual public meetings ‑ Report |
| 54-67-04 |
Minimum requirements for activating a wireless emergency alert notice |
Chapter 54-68 - Office of Guardianship and Conservatorship
| Section |
Section Name |
| 54-68-01 |
Definitions |
| 54-68-02 |
Office of guardianship and conservatorship - Purpose - Powers and duties - Report ‑ Audit |
| 54-68-02.1 |
Transition ‑ Requirements |
| 54-68-03 |
Operations committee |
| 54-68-04 |
Director ‑ Investigation counsel ‑ Powers and duties |
| 54-68-05 |
Review board |
| 54-68-06 |
Guardianship and conservatorship support fund - Continuing appropriation |
| 54-68-07 |
Records - Confidentiality - Disclosure - Penalty |
| 54-68-08 |
Guardianship and conservatorship limitations - Representation to the public - Exemption |
| 54-68-09 |
Immunity |
| 54-68-10 |
Authority - Appeals ‑ Applicability |
| 54-68-11 |
Attorney general - Counsel - Bureau of criminal investigation - Primary authority for investigations |
| 54-68-12 |
Duty to disclose and cooperate |
| 54-68-13 |
Duties of witnesses - Penalty |
| 54-68-14 |
Preferred claim |
| 54-68-15 |
Supreme court power |
Chapter 54-69 - Advanced Technology Review Committee
| Section |
Section Name |
| 54-69-01 |
Definitions |
| 54-69-02 |
Advanced technology review committee ‑ Membership ‑ Meetings |
| 54-69-03 |
Advanced technology grant program ‑ Eligibility ‑ Use of funds |
| 54-69-04 |
Advanced technology grant fund |
| 54-69-05 |
Advanced technology grant program ‑ Postaward monitoring |
Title 55 - State Historical Society and State Parks
Chapter 55-01 - State Historical Society
| Section |
Section Name |
| 55-01-00.1 |
Definitions |
| 55-01-01 |
State historical board |
| 55-01-01.1 |
State historical society |
| 55-01-02 |
State historical board ‑ Powers ‑ Limitations |
| 55-01-02.1 |
Society to have jurisdiction over heritage center |
| 55-01-03 |
Meetings ‑ When held ‑ Quorum ‑ Compensation and expenses of members |
| 55-01-04 |
Acceptance of gifts, grants, devises, bequests, donations, and assignments ‑ Deposited with the state treasurer ‑ How expended |
| 55-01-05 |
Land acquired for historical purposes ‑ Title ‑ Placed in custody of county historical societies |
| 55-01-06 |
Historical collections ‑ Loan to county historical societies ‑ Preservation |
| 55-01-07 |
Claims incurred by society ‑ How paid |
| 55-01-08 |
Appropriation for maintenance of Roosevelt cabin ‑ Authorization to transfer cabin to national park service |
| 55-01-09 |
North Dakota heritage study committee ‑ Display area |
| 55-01-10 |
Exchange of lands with other divisions of state government |
| 55-01-11 |
State historical society responsible for the Camp Hancock museum |
| 55-01-12 |
Criminal history record checks |
| 55-01-13 |
America 250 commission (Repealed effective December 31, 2026) |
| 55-01-14 |
Powers and duties of the commission ‑ Continuing appropriation (Repealed effective December 31, 2026) |
| 55-01-15 |
State historical society responsible for the Lewis and Clark interpretive center |
Chapter 55-02 - State Historical Board Director
| Section |
Section Name |
| 55-02-01 |
State historical board ‑ Appointment of director ‑ Duties |
| 55-02-01.1 |
Term of office ‑ Vacancy ‑ Salary and expenses |
| 55-02-01.2 |
Duties of the director |
| 55-02-01.3 |
Director to advise director of parks and recreation department |
| 55-02-02 |
Transfer of property from state historical society board to North Dakota park service |
| 55-02-03 |
Rules to protect property administered by the state historical society ‑ Penalty |
| 55-02-04 |
Fees for use of facilities ‑ Concession agreements ‑ Duration ‑ Appropriation |
| 55-02-05 |
Contracting supervision and maintenance with other divisions of federal and state government ‑ Compensation for expenses incurred |
| 55-02-06 |
State historical museum at Pembina ‑ Chateau de Mores |
| 55-02-07 |
Protection of historical or archaeological artifacts or sites |
| 55-02-07.1 |
Protection of prehistoric or historic site locational data |
| 55-02-07.2 |
Protection of public health and safety on sites having a public function |
| 55-02-08 |
Custody and control of former executive mansion ‑ Maintenance responsibility |
| 55-02-09 |
Historical impact emergency fund ‑ Administration by director of state historical society ‑ Emergency commission authorization |
Chapter 55-02.1 - Archival Resources and State Archivist
Chapter 55-03 - Protection of Prehistoric Sites and Deposits
| Section |
Section Name |
| 55-03-00.1 |
Definitions |
| 55-03-01 |
Permit required to investigate, evaluate, or mitigate adverse effect on cultural resources, historic buildings, structures, or objects ‑ Application ‑ Fee |
| 55-03-01.1 |
Permit required to investigate, excavate, or otherwise record cultural resources on land owned by an instrumentality of the state and to excavate cultural resources on private land |
| 55-03-02 |
Contents of permit |
| 55-03-03 |
Period for which permit granted ‑ Revocation |
| 55-03-04 |
Fees deposited in revolving fund ‑ Use |
| 55-03-05 |
Landowner may explore on his own land |
| 55-03-06 |
Archaeological or paleontological materials retained upon sale of land by state or municipality |
| 55-03-07 |
Violation of chapter ‑ Penalty |
Chapter 55-04 - Acquiring Lands for Public Parks
| Section |
Section Name |
| 55-04-01 |
Authority of state or county to acquire title to lands for park purposes |
| 55-04-02 |
Appraisal of lands ‑ Price may not exceed appraised value |
| 55-04-03 |
Mineral rights to be reserved |
Chapter 55-05 - International Peace Garden
| Section |
Section Name |
| 55-05-01 |
Description of lands comprising the International Peace Garden |
| 55-05-02 |
Title to lands comprising International Peace Garden accepted in trust ‑ Terms |
| 55-05-03 |
Land conveyed to International Peace Garden exempt from taxation |
Chapter 55-06 - Historical Study of Yellowstone and Missouri River Confluence [Repealed]
Chapter 55-07 - Recreational Development Bonds [Repealed]
Chapter 55-08 - Parks and Recreation Department
| Section |
Section Name |
| 55-08-01 |
North Dakota parks and recreation department |
| 55-08-01.1 |
State parks and recreation policy |
| 55-08-01.2 |
Parks and recreation department ‑ Director |
| 55-08-01.3 |
Director of parks and recreation department ‑ Powers ‑ Penalty |
| 55-08-01.4 |
Tourism division |
| 55-08-01.5 |
Duties of director |
| 55-08-01.6 |
State tourism policy |
| 55-08-01.7 |
North Dakota motion picture development office ‑ Advisory board |
| 55-08-02 |
State park advisory council |
| 55-08-02.1 |
Outdoor recreation interagency council ‑ Composition ‑ Functions |
| 55-08-03 |
Duties ‑ Powers ‑ Limitations ‑ Penalty |
| 55-08-03.1 |
Recreation grants programs ‑ Function |
| 55-08-03.2 |
Expenditures through existing departments or agencies |
| 55-08-04 |
Employees as peace officers |
| 55-08-04.1 |
Writs served and executed by department peace officers ‑ Others to aid department peace officers ‑ When |
| 55-08-05 |
Charges for services |
| 55-08-06 |
Permits for motor vehicles |
| 55-08-06.1 |
Exceptions to motor vehicle permits and fees authorized |
| 55-08-06.2 |
North Dakota senior citizens passport |
| 55-08-07 |
State park fund ‑ Appropriation |
| 55-08-07.1 |
State parks and recreation concession revolving fund |
| 55-08-07.2 |
State parks gift fund ‑ Fund use ‑ Continuing appropriation ‑ Emergency commission and budget section approval |
| 55-08-08 |
State park revenue bonds |
| 55-08-09 |
Revenue bond fund |
| 55-08-10 |
Covenants of board |
| 55-08-11 |
Limitation on use of bond proceeds |
| 55-08-12 |
Contracts with federal agencies |
| 55-08-13 |
Construction of chapter ‑ Statement to be included in bonds |
| 55-08-14 |
Projects and revenue bonds authorized ‑ Appropriation |
| 55-08-14.1 |
Leadership and facilities grants |
| 55-08-15 |
Attorney general, state's attorneys, sheriffs, and peace officers to enforce chapter |
| 55-08-16 |
Uniform complaint and summons ‑ Promise to appear ‑ Penalty |
| 55-08-17 |
General penalty |
| 55-08-18 |
Violations noncriminal ‑ Procedures |
| 55-08-19 |
Amount of statutory fees |
Chapter 55-09 - Heritage Commission [Repealed]
Chapter 55-10 - Preservation of Historic Sites and Antiquities
| Section |
Section Name |
| 55-10-01 |
Policy |
| 55-10-02 |
Definitions |
| 55-10-03 |
State historic sites ‑ Registry |
| 55-10-04 |
State historic sites ‑ Registry ‑ State‑owned lands administered by the parks and recreation department or state historical society |
| 55-10-05 |
State historic sites ‑ Registry ‑ Federally owned lands |
| 55-10-06 |
State historic sites ‑ Registry ‑ Privately owned lands |
| 55-10-07 |
Notice to state historical society of land acquisition |
| 55-10-08 |
Duties of the state and political subdivisions in regard to state historic sites ‑ Historic easements ‑ Prohibitions |
| 55-10-09 |
Cooperation |
| 55-10-10 |
North Dakota historic sites ‑ Changes |
| 55-10-11 |
Recognition of federal historical preservation law |
| 55-10-12 |
State historical marker program |
| 55-10-13 |
Defacing historical marker ‑ Penalty |
| 55-10-14 |
Ronald Reagan historic site |
Chapter 55-11 - Nature Preserves
| Section |
Section Name |
| 55-11-01 |
Declaration of policy |
| 55-11-02 |
Definitions |
| 55-11-03 |
System of nature preserves ‑ Uses and purposes |
| 55-11-04 |
State parks and recreation department ‑ Advisers ‑ Meetings |
| 55-11-05 |
Acquisition of nature preserves and natural areas |
| 55-11-06 |
Dedication of natural areas ‑ Recording of articles of dedication |
| 55-11-07 |
Articles of dedication ‑ Contents |
| 55-11-08 |
Amendments to articles of dedication ‑ Approval of governor ‑ Restriction |
| 55-11-09 |
Department ‑ Powers and duties ‑ Penalty |
| 55-11-10 |
Advisers to the state parks and recreation department |
| 55-11-11 |
Nature preserves ‑ Taking for another use ‑ Limitations |
| 55-11-12 |
Hearings ‑ Notice |
| 55-11-13 |
Limitations |
Chapter 55-12 - Museum or Historical Society Unclaimed Property
| Section |
Section Name |
| 55-12-01 |
When property held by museum or historical society deemed abandoned |
| 55-12-02 |
Publication of notice of abandoned property |
| 55-12-03 |
Notice requirements for abandoned property |
| 55-12-04 |
Title to abandoned property vested in museum or historical society |
Title 56 - Succession and Wills
Title 56 - Succession and Wills
Title 57 - Taxation
Chapter 57-01 - Tax Commissioner
| Section |
Section Name |
| 57-01-01 |
Bond of tax commissioner |
| 57-01-02 |
Powers and duties (Retroactive application - See note) |
| 57-01-02.1 |
Tax collection agreements with home rule cities or counties ‑ Limitations on city or county authority |
| 57-01-03 |
Office of commissioner |
| 57-01-04 |
Salary |
| 57-01-05 |
State supervisor of assessments |
| 57-01-06 |
Sales, market, and productivity study ‑ Contents not to be included |
| 57-01-06.1 |
Statement of legislative intent concerning use of sales, market, and productivity studies |
| 57-01-07 |
Review of sales, market, and productivity study by state tax commissioner ‑ Appeal |
| 57-01-08 |
County equalization fund payments ‑ Sales assessment ratio ‑ When effective |
| 57-01-09 |
Tax commissioner's cash change fund authorized |
| 57-01-10 |
Tax manuals ‑ Distribution |
| 57-01-11 |
Assessment of or determination of additional tax liability by tax commissioner ‑ Hearing ‑ Appeal |
| 57-01-11.1 |
Reports on auditing enhancement program and settlement of tax assessments |
| 57-01-12 |
Approval of refunds by tax commissioner |
| 57-01-12.1 |
Application of refunds and credits |
| 57-01-12.2 |
Minimum refunds and collections |
| 57-01-13 |
Collection of delinquent sales, use, motor vehicle fuels, special fuels, importer for use, aviation fuel, motor vehicle excise, telecommunications carriers, income, and alcoholic beverage gross receipts taxes (Contingent expiration date ‑ See note) |
| 57-01-14 |
Tax information furnished by United States secretary of the treasury ‑ Penalty for disclosure |
| 57-01-15 |
Use of tax information to administer tax laws |
| 57-01-15.1 |
Tax incentives - State and local tax clearance |
| 57-01-16 |
Extension of period of time to make assessments |
| 57-01-17 |
Failure to complete return or supply information |
| 57-01-18 |
Disclosure of name and address by state tax commissioner |
| 57-01-19 |
Claim of unconstitutionality ‑ Refund or credit of taxes paid |
| 57-01-20 |
Multistate tax audit fund ‑ Continuing appropriation ‑ Transfers to the general fund |
Chapter 57-02 - General Property Assessment
| Section |
Section Name |
| 57-02-01 |
Definitions |
| 57-02-01.1 |
Certification of assessors |
| 57-02-01.2 |
Primary residence certification - Eligibility for primary residential property classification - Application |
| 57-02-02 |
Abbreviations used in land descriptions |
| 57-02-03 |
Property subject to taxation |
| 57-02-04 |
Real property defined |
| 57-02-05 |
Personal property defined |
| 57-02-05.1 |
Personal property defined |
| 57-02-06 |
Who are deemed merchants |
| 57-02-07 |
Who are deemed manufacturers |
| 57-02-08 |
Property exempt from taxation |
| 57-02-08.1 |
Homestead credit |
| 57-02-08.2 |
Homestead credit ‑ Certification |
| 57-02-08.3 |
Homestead credit for special assessments ‑ Certification ‑ Lien |
| 57-02-08.4 |
Conditional property tax exemption for owners of wetlands |
| 57-02-08.5 |
Wetlands tax exemption payment ‑ Certification |
| 57-02-08.6 |
Authorization for receipt of funds |
| 57-02-08.7 |
License fee in lieu of property taxes on leases for tourism or concession purposes |
| 57-02-08.8 |
Property tax credit for disabled veterans ‑ Certification ‑ Distribution |
| 57-02-08.9 |
Primary residence credit ‑ Qualification |
| 57-02-08.10 |
Primary residence credit ‑ Certification ‑ Distribution |
| 57-02-09 |
Basis of exemptions |
| 57-02-10 |
Inundated and highway easement lands exempt from taxation |
| 57-02-11 |
Listing of property ‑ Assessment thereof |
| 57-02-11.1 |
Townhouses ‑ Common areas ‑ Assessment and taxation |
| 57-02-11.2 |
Confidentiality of information provided by commercial property owners for assessment purposes |
| 57-02-12 |
Manner of listing personal property |
| 57-02-13 |
False list under oath ‑ Perjury |
| 57-02-14 |
Valuation of real property exempt from taxation |
| 57-02-14.1 |
Tax exemption certificate for real property to be filed ‑ Exceptions |
| 57-02-15 |
Place of listing personal property |
| 57-02-16 |
Nonresident's farm property |
| 57-02-17 |
Listing of personal property moved between April first and June first |
| 57-02-18 |
Listing of range stock |
| 57-02-18.1 |
Taxation of livestock after thirty days |
| 57-02-18.2 |
Livestock tax proration after April first |
| 57-02-18.3 |
Livestock list submitted to auditor |
| 57-02-18.4 |
Livestock assessment by auditor |
| 57-02-18.5 |
Notice to auditor of livestock movement |
| 57-02-18.6 |
Livestock tax collectible where danger of movement |
| 57-02-18.7 |
Effect of prior livestock assessment |
| 57-02-19 |
Assessment of oil and gas drilling equipment |
| 57-02-20 |
Exemption of farm machinery for one year |
| 57-02-21 |
Tax exemption of personal property of certain persons with minimum income ‑ Penalty for false statement |
| 57-02-22 |
Place of listing in case of doubt |
| 57-02-23 |
Number or name of school district to be listed |
| 57-02-24 |
Assessors to list coal and minerals |
| 57-02-25 |
Procedure in assessment of coal and mineral reserves |
| 57-02-26 |
Certain property taxable to lessee or equitable owner ‑ Exception |
| 57-02-26.1 |
Assessment to lessee of personal property owned by a bank |
| 57-02-27 |
Property to be valued at a percentage of assessed value ‑ Classification of property ‑ Limitation on valuation of annexed agricultural lands |
| 57-02-27.1 |
Property to be valued at true and full value |
| 57-02-27.2 |
Valuation and assessment of agricultural lands |
| 57-02-27.3 |
Taxable valuation of centrally assessed wind turbine electric generators |
| 57-02-28 |
Basis for computation of tax |
| 57-02-29 |
Bond and oath of district assessor |
| 57-02-30 |
Assessor may administer oaths |
| 57-02-31 |
Auditor to furnish books to assessors at meeting |
| 57-02-32 |
Auditor to furnish tax list |
| 57-02-33 |
Assessor services for unorganized territory |
| 57-02-34 |
When and how assessment made |
| 57-02-35 |
Sickness or absence of owner |
| 57-02-36 |
List given to auditor for persons sick or absent |
| 57-02-37 |
Duty of assessor upon failure to obtain assessment ‑ Copy of assessment list to nonresident |
| 57-02-38 |
Units of real property for assessment |
| 57-02-39 |
Irregularities of land to be platted into lots if required |
| 57-02-40 |
Taxes paramount lien on real estate ‑ Statute of limitations not applicable to personal property taxes |
| 57-02-41 |
Attachment of tax lien and prorating taxes as between vendor and purchaser |
| 57-02-42 |
Personal property in transit ‑ Definition ‑ Exemption |
| 57-02-43 |
Records |
| 57-02-44 |
Reconsignment ‑ Report ‑ Tax |
| 57-02-45 |
Criminal penalty |
| 57-02-46 |
Civil penalty |
| 57-02-47 |
Name of billboard owner |
| 57-02-48 |
Failure to designate billboard owner ‑ Penalty |
| 57-02-49 |
Billboard reports ‑ Contents ‑ Filing ‑ Penalty |
| 57-02-50 |
Agricultural land valuation fund - Deposits - Continuing appropriation |
| 57-02-51 |
Notice of township and city equalization meetings to be published ‑ Date of equalization meeting |
| 57-02-52 |
Notice of county equalization meetings to be published - Date of equalization meeting |
| 57-02-53 |
Assessment notice to property owner |
Chapter 57-02.1 - Payments in Lieu of Real Estate Taxes
Chapter 57-02.2 - Exemption of Improvements to Buildings
| Section |
Section Name |
| 57-02.2-01 |
Declaration and finding of public purpose |
| 57-02.2-02 |
Improvement defined |
| 57-02.2-03 |
Tax exemption for improvements to commercial and residential buildings and structures ‑ Property owner's certificate |
Chapter 57-02.3 - Payments in Lieu of Property Taxes
Chapter 57-02.4 - Crew Housing Permit Fees
Chapter 57-03 - Assessment and Valuation of Grain [Repealed]
Chapter 57-04 - Assessment of Petroleum Property [Repealed]
Chapter 57-05 - Assessment of Railroad Property
| Section |
Section Name |
| 57-05-01 |
Railroad property to be assessed by state board of equalization |
| 57-05-01.1 |
Tentative assessment ‑ Notice of hearing |
| 57-05-02 |
Right of way not used for railroad purposes to be surveyed |
| 57-05-03 |
Valuation apportioned according to mileage |
| 57-05-04 |
Certification of mileage and valuation |
| 57-05-05 |
Maps of railroad right of way ‑ Filing ‑ Penalty |
| 57-05-06 |
County auditor to send maps to railroad corporation |
| 57-05-07 |
Railroad shall file information with county auditor |
| 57-05-08 |
Report by railroad corporation to tax commissioner |
| 57-05-09 |
Failure of railroad corporation to make reports to county auditor and state tax commissioner ‑ Penalty |
| 57-05-10 |
Enforcement of railroad corporation's liability |
| 57-05-11 |
Information deemed confidential |
Chapter 57-06 - Assessment and Taxation of Public Utilities
| Section |
Section Name |
| 57-06-01 |
Public utilities subject to chapter |
| 57-06-01.1 |
Telecommunications service ‑ Exceptions |
| 57-06-02 |
Definitions |
| 57-06-03 |
Operative property defined |
| 57-06-04 |
Property jointly owned |
| 57-06-05 |
Annual assessment |
| 57-06-06 |
Reports of companies |
| 57-06-07 |
Additional information from power companies |
| 57-06-08 |
Additional information from gas companies |
| 57-06-09 |
Penalty for failure to furnish report |
| 57-06-09.1 |
Penalty for continued failure to furnish report |
| 57-06-10 |
Plants under construction |
| 57-06-11 |
Tentative valuation by tax commissioner |
| 57-06-12 |
Tentative assessment to be made and notice of hearing |
| 57-06-13 |
General powers of investigation |
| 57-06-14 |
Method of valuation |
| 57-06-14.1 |
Taxation of centrally assessed wind turbine electric generators |
| 57-06-15 |
Assessment by state board of equalization ‑ Notice of increase |
| 57-06-16 |
Equalization |
| 57-06-17 |
Allocation of assessment of operative property constituting a single and continuous property |
| 57-06-17.1 |
Carbon dioxide pipeline exemption |
| 57-06-17.2 |
Payments in lieu of taxes |
| 57-06-17.3 |
New transmission line property tax exemption |
| 57-06-17.4 |
Pipeline authority exemption |
| 57-06-17.5 |
Natural gas pipeline infrastructure to underserved communities ‑ Exemption |
| 57-06-18 |
Allocation of assessment of other operative property |
| 57-06-19 |
Certification of assessment |
| 57-06-20 |
Duties of county auditor |
| 57-06-21 |
Maps ‑ Reports to county auditors |
| 57-06-21.1 |
Verification by county auditor of reports |
| 57-06-22 |
Enforcement of collection |
| 57-06-23 |
Deposit of revenue - Report to treasurer |
| 57-06-24 |
Allocation - Continuing appropriation |
| 57-06-25 |
Delinquent taxes - Penalty |
Chapter 57-07 - Correction of Assessments of Public Utility Property
| Section |
Section Name |
| 57-07-01 |
Duty of tax commissioner upon omission or false statement in assessment |
| 57-07-02 |
Notice to be given |
| 57-07-03 |
Tax commissioner to act as assessor |
| 57-07-04 |
Appeal to state board of equalization |
| 57-07-05 |
Hearing on appeal |
| 57-07-06 |
Taxation of omitted property |
Chapter 57-08 - Review of Public Utility Assessments
| Section |
Section Name |
| 57-08-01 |
Action to review assessment of public utility |
| 57-08-02 |
Procedure ‑ Action for relief by utility from assessment |
| 57-08-03 |
Action against state for refund of excessive taxes paid by utility ‑ Limitation |
| 57-08-04 |
Refund of excess paid by utility |
| 57-08-05 |
Tax actions by utility ‑ Manner of trial ‑ Tender |
| 57-08-06 |
When reassessment to be made |
| 57-08-07 |
Notice to be given |
| 57-08-08 |
Hearing |
| 57-08-09 |
Taxation of reassessed property |
| 57-08-10 |
How often reassessment may be made |
Chapter 57-09 - Township Board of Equalization
| Section |
Section Name |
| 57-09-01 |
Membership of board ‑ Meeting |
| 57-09-02 |
Duties of clerk |
| 57-09-03 |
Notice of meeting to be posted |
| 57-09-04 |
Duties of board |
| 57-09-05 |
Quorum ‑ Time for completing equalization |
| 57-09-06 |
Assessor's statement and return to auditor |
Chapter 57-10 - Village Board of Equalization [Repealed]
Chapter 57-11 - City Board of Equalization
| Section |
Section Name |
| 57-11-01 |
Membership of board ‑ Quorum ‑ Meeting |
| 57-11-02 |
Duties of auditor |
| 57-11-03 |
Duties of board |
| 57-11-04 |
Application for correction of assessment |
| 57-11-05 |
Adding property to assessment list |
| 57-11-06 |
No reduction after session of board ‑ Exception |
| 57-11-07 |
Effect of failure of board to meet |
Chapter 57-11.1 - Personal Property Assessment Formula [Repealed]
Chapter 57-12 - County Board of Equalization
| Section |
Section Name |
| 57-12-01 |
Membership of board ‑ Meeting ‑ Required attendance of certain officials |
| 57-12-01.1 |
Spot checks of real property |
| 57-12-02 |
Duties of board as to assessments in unorganized territory |
| 57-12-03 |
Duties of county auditor |
| 57-12-04 |
Duties of board |
| 57-12-05 |
Requirements to be followed in equalization of individual assessments |
| 57-12-06 |
County board of equalization - Equalizing between assessment districts and between properties |
| 57-12-07 |
Township and municipal officers to advise with board |
| 57-12-08 |
Auditor to correct list and send abstract to state tax commissioner |
| 57-12-09 |
Notice of increased assessment to real estate owner |
Chapter 57-13 - State Board of Equalization
| Section |
Section Name |
| 57-13-01 |
Membership of board |
| 57-13-02 |
Annual meeting to assess taxable property |
| 57-13-03 |
Annual meeting to equalize taxable property |
| 57-13-04 |
General duties and powers of board |
| 57-13-04.1 |
Residential and commercial property true and full value |
| 57-13-05 |
Hearing before state board of equalization |
| 57-13-06 |
Presumption of regularity |
| 57-13-07 |
Proceedings to be published ‑ Abstract sent to county auditors |
| 57-13-08 |
Duty of county auditor after equalization by state board |
Chapter 57-14 - Correction of Assessments of Property
| Section |
Section Name |
| 57-14-01 |
Duty of county auditor upon discovery of clerical error, omission, or false statement in assessment |
| 57-14-02 |
Notice to be given |
| 57-14-03 |
County auditor to act as assessor |
| 57-14-04 |
Board of county commissioners to hear complaints and equalize |
| 57-14-05 |
Auditor to enter property on tax lists ‑ Correcting errors |
| 57-14-06 |
Auditor to keep roll of omitted property |
| 57-14-07 |
Entry on delinquent lists |
| 57-14-08 |
New assessment of property ‑ Allowance |
Chapter 57-15 - Tax Levies and Limitations
| Section |
Section Name |
| 57-15-01 |
Levy in specific amounts ‑ Exceptions |
| 57-15-01.1 |
Protection of taxpayers and taxing districts |
| 57-15-01.2 |
Limitation on levies by taxing districts without voter approval |
| 57-15-02 |
Determination of rate |
| 57-15-02.1 |
Property tax levy increase notice and public hearing |
| 57-15-02.2 |
Budget hearing notice |
| 57-15-03 |
State tax levy |
| 57-15-04 |
State taxes ‑ When levied ‑ Certification |
| 57-15-05 |
County tax levy |
| 57-15-06 |
County general fund levy |
| 57-15-06.1 |
County tax levy for farm‑to‑market road ‑ Election |
| 57-15-06.2 |
Farm‑to‑market roads' fund ‑ Use |
| 57-15-06.3 |
County road program of farm‑to‑market and federal‑aid roads ‑ Tax levy ‑ Use of excess funds |
| 57-15-06.4 |
Levy authorized for county veterans' service officer's salary, traveling, and office expenses |
| 57-15-06.5 |
Tax levy for planning purposes |
| 57-15-06.6 |
County capital projects levy |
| 57-15-06.7 |
Additional levies ‑ Exceptions to tax levy limitations in counties |
| 57-15-06.8 |
County tax levies and limitations not in addition to the general fund levy |
| 57-15-06.9 |
Tax levy for county parks and recreational facilities |
| 57-15-06.10 |
Optional consolidation of county mill levies |
| 57-15-07 |
City tax levies |
| 57-15-08 |
General fund levy limitations in cities |
| 57-15-09 |
Tax levy limitations in villages |
| 57-15-10 |
Exceptions to tax levy limitations in cities |
| 57-15-10.1 |
Counties and cities may levy for certain advertising purposes |
| 57-15-10.2 |
Tax levy for port purposes |
| 57-15-11 |
Park district tax levies |
| 57-15-12 |
General fund levy limitations in park districts |
| 57-15-12.1 |
City or park district tax funding for forestry activities |
| 57-15-12.2 |
Exceptions to tax levy limitations for park districts |
| 57-15-12.3 |
Park district levy for land acquisition and development of recreational facilities |
| 57-15-13 |
School district tax levies |
| 57-15-14 |
Voter approval of excess levies in school districts |
| 57-15-14.1 |
Levies for support of county agricultural and training schools |
| 57-15-14.2 |
School district levies |
| 57-15-14.3 |
Mill levies requiring voter approval ‑ Proceeds to general fund account |
| 57-15-14.4 |
School district mill levies for bonded indebtedness excepted |
| 57-15-14.5 |
Long‑distance learning and educational technology levy |
| 57-15-15 |
Exceptions to tax levy limitations in school districts |
| 57-15-15.1 |
Tax levy for school safety plan fund |
| 57-15-16 |
Tax levy for building fund in school districts |
| 57-15-17 |
Disposition of building fund tax |
| 57-15-17.1 |
Discontinuation of special funds - Required transfers |
| 57-15-18 |
Penalty for unlawful withdrawal of building funds |
| 57-15-18.1 |
Tax levy for rental of property |
| 57-15-18.2 |
School district levy for unemployment compensation benefits |
| 57-15-19 |
Township tax levies |
| 57-15-19.1 |
Levies for surfacing highways in unorganized townships |
| 57-15-19.2 |
Township supervisors authority to transfer funds into special road fund ‑ Limitations ‑ Use |
| 57-15-19.3 |
Funds not considered in determining budget |
| 57-15-19.4 |
Township levy for roads |
| 57-15-19.5 |
Township funding for law enforcement ‑ Authorization ‑ Cooperation with other political subdivisions |
| 57-15-19.6 |
Township funding for mowing or snow removal |
| 57-15-19.7 |
Township levy for emergency purposes |
| 57-15-20 |
Township general fund levy - Approval of increased general fund levy authority |
| 57-15-20.1 |
Excess levies in townships ‑ Authorization for more than one year |
| 57-15-20.2 |
Exceptions to tax levy limitations in townships |
| 57-15-20.3 |
Township levy for port purposes |
| 57-15-20.4 |
Township levy for commerce authority purposes |
| 57-15-21 |
Tax levies in unorganized townships |
| 57-15-22 |
Tax levy limitations in unorganized townships |
| 57-15-22.1 |
Board of county commissioners may transfer unexpended balance in road and bridge fund in unorganized townships |
| 57-15-22.2 |
Township legal contingency funding |
| 57-15-23 |
Per capita school tax ‑ Levy ‑ Apportionment |
| 57-15-24 |
County mill levy for schools |
| 57-15-25 |
County equalization fund ‑ How constituted |
| 57-15-25.1 |
County high school equalization fund ‑ Tax levy |
| 57-15-26 |
Apportionment of funds withheld for failure to maintain school |
| 57-15-26.1 |
General tax levy of recreation service districts |
| 57-15-26.2 |
Limitations in vector control districts |
| 57-15-26.3 |
General tax levy of fire protection districts |
| 57-15-26.4 |
General tax levy of hospital districts |
| 57-15-26.5 |
General tax levy of rural ambulance service districts |
| 57-15-26.6 |
Water resource district's general tax levy |
| 57-15-26.7 |
West river water supply district general tax levy |
| 57-15-26.8 |
Garrison Diversion Conservancy District general tax levy |
| 57-15-27 |
Interim fund |
| 57-15-27.1 |
Cemetery tax levies |
| 57-15-27.2 |
Abandoned cemetery tax levies |
| 57-15-28 |
Emergency fund ‑ County |
| 57-15-28.1 |
Judgment or claim payment levy limitations in political subdivisions |
| 57-15-29 |
War emergency fund ‑ Cities |
| 57-15-29.1 |
War emergency fund may be transferred into general fund |
| 57-15-30 |
When tax in townships and cities to be levied by county commissioners |
| 57-15-30.1 |
Tax levy for township debt or debt existing upon dissolution ‑ Duty of county auditor ‑ Duty of county treasurer |
| 57-15-30.2 |
Financial reporting requirements for taxing entities ‑ County auditor ‑ State auditor |
| 57-15-31 |
Determination of levy |
| 57-15-31.1 |
Deadline date for amending budgets and certifying taxes |
| 57-15-32 |
Certification of levy |
| 57-15-33 |
Penalty for failure to certify levy |
| 57-15-34 |
Duty of county auditor upon certification of levy |
| 57-15-35 |
Penalty for extending tax beyond levy limit |
| 57-15-36 |
Tax levy for airport purposes |
| 57-15-37 |
Tax levy for airport purposes in park districts |
| 57-15-37.1 |
Township levy for airport purposes |
| 57-15-38 |
City capital improvements fund levy |
| 57-15-39 |
Disposition of construction fund tax |
| 57-15-40 |
Penalty for unlawful withdrawal of construction fund |
| 57-15-41 |
Political subdivision tax levies for payment of special assessments exempt from levy limitations |
| 57-15-42 |
City fire department capital improvements and equipment acquisition funding |
| 57-15-43 |
Tax levy for city having an organized firefighters relief association ‑ Limitations ‑ Disbursement |
| 57-15-44 |
City tax levy for acquiring real estate for public building |
| 57-15-45 |
Resolution and notice of election |
| 57-15-46 |
Form of ballot |
| 57-15-47 |
Conduct of election |
| 57-15-48 |
City levy for emergency purposes |
| 57-15-49 |
School district levy for school library fund |
| 57-15-50 |
County emergency medical service levy |
| 57-15-51 |
City emergency medical service funding |
| 57-15-51.1 |
Funding for township emergency medical service |
| 57-15-52 |
School district levy to equip and maintain two‑way radios for schoolbuses |
| 57-15-52.1 |
School district levy for schoolbus costs |
| 57-15-53 |
Police department stations and correctional facilities capital improvements funding |
| 57-15-54 |
Destruction of weeds along highways ‑ Election to be held on question ‑ Tax levy |
| 57-15-55 |
Tax levy for public transportation |
| 57-15-55.1 |
City tax levy for transportation of public school students |
| 57-15-56 |
Authorization of tax levy for services and programs for senior citizens ‑ Elections to authorize or remove the levy ‑ State bonding fund coverage ‑ State matching program for senior citizen services and programs |
| 57-15-57 |
Levy for county welfare |
| 57-15-58 |
Penalty for unlawful withdrawal from fund |
| 57-15-59 |
Counties' and cities' authority to enter leases for court, corrections, and law enforcement facilities and dedicate mill levies |
| 57-15-60 |
Authorization of tax levy for programs and activities for handicapped persons ‑ Elections to authorize or remove the levy ‑ Handicapped person programs and activities |
| 57-15-61 |
Economic growth districts |
| 57-15-62 |
Levy authorized for county automation and telecommunications |
| 57-15-63 |
Mistake in levy ‑ Levy increase in later year ‑ Levy reverts |
| 57-15-63.1 |
Mistake in levy ‑ Levy increase in later year ‑ Levy reverts |
| 57-15-63.2 |
Mistake in township levy ‑ Levy increase in later year ‑ Levy reverts |
Chapter 57-16 - Excess Levies in School Districts [Repealed]
Chapter 57-17 - Excess Levies in Counties, Municipalities, and Townships [Repealed]
Chapter 57-18 - Tax Levy for County Improvements [Repealed]
Chapter 57-19 - School District Special Reserve Fund
| Section |
Section Name |
| 57-19-01 |
School district - Establishment of special reserve fund |
| 57-19-02 |
Special reserve fund ‑ Transfer |
| 57-19-03 |
Transfer of other funds to special reserve fund |
| 57-19-04 |
May levy tax beyond levy limitations |
| 57-19-05 |
Fund not considered in fixing budget |
| 57-19-06 |
Special reserve fund ‑ How and when used |
| 57-19-07 |
Limitation on amount drawn from fund ‑ Tax collections used to restore fund |
| 57-19-08 |
When officers personally liable |
| 57-19-09 |
Special reserve fund -Correction of error |
| 57-19-10 |
Special reserve funds ‑ Transfer of control |
| 57-19-11 |
Special reserve fund ‑ Use |
Chapter 57-20 - Payment and Collection of Taxes
| Section |
Section Name |
| 57-20-01 |
Real and personal property taxes ‑ When due and delinquent ‑ Penalties |
| 57-20-01.1 |
Extension of due date for property taxes when county treasurer's office is closed |
| 57-20-01.2 |
Penalty and interest waiver |
| 57-20-02 |
Tax list made out by county auditor |
| 57-20-03 |
Form of tax list |
| 57-20-04 |
Abstract of tax list to be sent to tax commissioner ‑ Reports |
| 57-20-05 |
Certificate of county auditor to tax list |
| 57-20-06 |
Tax lists delivered to treasurer |
| 57-20-07 |
County treasurer to be collector of taxes |
| 57-20-07.1 |
County treasurer to mail real estate tax statement ‑ Contents of statement |
| 57-20-07.2 |
State-paid property tax relief credit |
| 57-20-07.3 |
Centrally assessed company credit against payments in lieu of taxes |
| 57-20-08 |
Tax receipts filed with county auditor ‑ Copies retained and filed numerically by county treasurer |
| 57-20-09 |
Discount for early payment of tax |
| 57-20-10 |
Installment payments of real estate tax |
| 57-20-11 |
County warrants receivable for taxes |
| 57-20-12 |
Endorsement of road warrants |
| 57-20-13 |
Negotiable paper may be accepted for taxes and fees |
| 57-20-14 |
Acceptance subject to payment |
| 57-20-15 |
Deposit and refund |
| 57-20-16 |
Cancellation on nonpayment of paper |
| 57-20-17 |
Notice of cancellation |
| 57-20-18 |
Refund to balance books |
| 57-20-19 |
Right to pay up contracts for taxes |
| 57-20-20 |
Payment of tax under protest ‑ Determination of uncontested amount |
| 57-20-21 |
Segregation of contested amount of taxes paid under protest |
| 57-20-21.1 |
Priority for delinquent taxes |
| 57-20-22 |
Disposition of penalty and interest |
| 57-20-23 |
County responsible for collecting and transmitting state taxes |
| 57-20-24 |
Warrants to be drawn for money due owners |
| 57-20-25 |
County treasurer to transmit delinquent list to auditor |
| 57-20-26 |
Treasurer to give notice of tax lien by mail |
| 57-20-27 |
Mistake in name of owner does not invalidate tax lien |
| 57-20-28 |
Collection of real estate taxes on leasehold or other possessory interest |
Chapter 57-21 - Collection of Rents for Payment of Taxes
| Section |
Section Name |
| 57-21-01 |
Application to district court |
| 57-21-02 |
Notice to be given |
| 57-21-03 |
Order of court |
| 57-21-04 |
Duty of tenant and owner |
| 57-21-05 |
Receipts a defense in action for rent |
| 57-21-06 |
Appeal |
| 57-21-07 |
Priority of liens and assignments |
| 57-21-08 |
Vacation of order requiring payment of rents for taxes and special assessment |
| 57-21-09 |
Tax and special assessment receipts |
| 57-21-10 |
Payments under protest |
| 57-21-11 |
State's attorney to represent county |
| 57-21-12 |
Remedy cumulative |
Chapter 57-22 - Collection of Delinquent Personal Property Taxes
| Section |
Section Name |
| 57-22-01 |
Treasurer to give notice |
| 57-22-02 |
Treasurer to make list of delinquent taxes ‑ Notice by mail |
| 57-22-02.1 |
County auditor to maintain record of delinquent personal property taxes |
| 57-22-03 |
List to be delivered to sheriff ‑ Duties of sheriff |
| 57-22-04 |
Distraint ‑ Notice of sale ‑ Sale ‑ Surplus |
| 57-22-05 |
Property exempt from distraint |
| 57-22-06 |
Sheriff may use other process |
| 57-22-07 |
Sheriff to give receipts for taxes collected |
| 57-22-08 |
Sheriff to file statement with and pay collections to county treasurer |
| 57-22-09 |
Sheriff to file annual report with county auditor |
| 57-22-10 |
County auditor to maintain record of delinquent personal taxes |
| 57-22-11 |
Cancellation of uncollectible taxes |
| 57-22-12 |
Sheriff to retain tax lists |
| 57-22-13 |
When tax becomes lien |
| 57-22-13.1 |
Notice of sale given to county treasurer |
| 57-22-13.2 |
Property distrained by sheriff when taxes not paid |
| 57-22-14 |
Unlawful to dispose of personal property without paying tax ‑ Penalty |
| 57-22-15 |
Tax receipt required for shipment of emigrant movables |
| 57-22-16 |
Procedure when personal property is about to be sold or removed without payment of tax |
| 57-22-17 |
Personal property individually assessed ‑ Paramount lien |
| 57-22-18 |
Conditional sales ‑ Taxes payable before change of possession |
| 57-22-19 |
Lien of tax follows sale in bulk |
| 57-22-20 |
Precedence of lien for taxes |
| 57-22-21 |
Personal property taxes made lien on real estate |
| 57-22-21.1 |
Immediate assessment of personal property taxes |
| 57-22-21.2 |
Immediate collection of personal property taxes |
| 57-22-22 |
Extended personal property taxes to be collected with real estate taxes |
| 57-22-23 |
Priority of lien of extended personal property tax |
| 57-22-24 |
Collection of personal property taxes by action |
| 57-22-25 |
Fees of sheriff for distraint |
| 57-22-26 |
Deduction of personal property taxes from salaries, wages, and claims against public funds |
| 57-22-27 |
Who are subject to deductions |
| 57-22-28 |
Contract for payment of taxes shall not affect deductions |
| 57-22-29 |
Contract for tax collection ‑ Contracts validated |
| 57-22-30 |
Bond and reports of collectors |
| 57-22-31 |
Payment of taxes after judgment |
| 57-22-32 |
Collection from tax debtor who moves to another county ‑ Duty of county auditor |
| 57-22-33 |
Penalties |
Chapter 57-23 - Proceedings to Abate or Refund Taxes
| Section |
Section Name |
| 57-23-01 |
Correcting excessive assessment |
| 57-23-02 |
Notice of equalization meetings to be published |
| 57-23-03 |
Abatement of invalid, inequitable, or unjust assessments |
| 57-23-04 |
County commissioners may abate or refund taxes |
| 57-23-05 |
Application for abatement or refund ‑ Who may make |
| 57-23-05.1 |
Appraisal of property ‑ Premises open to inspection |
| 57-23-06 |
Hearing on application |
| 57-23-07 |
County commissioners may compromise tax |
| 57-23-08 |
Duties of county auditor and county commissioners after abatement action |
| 57-23-09 |
Procedure when refund is made |
| 57-23-10 |
Appeal |
| 57-23-11 |
Provisions of chapter retroactive |
| 57-23-12 |
Limitations of chapter |
Chapter 57-23.1 - Tax Appeals Board [Unconstitutional and Repealed]
Chapter 57-24 - Sale of Land for Delinquent Taxes [Repealed]
Chapter 57-25 - Payment of Tax or Redemption on Division of Real Estate
| Section |
Section Name |
| 57-25-01 |
Application for division of property for satisfaction of tax lien |
| 57-25-02 |
Appeal to board of county commissioners |
| 57-25-03 |
Appeal to district court |
| 57-25-04 |
Tax deed proceedings to be stayed |
| 57-25-05 |
Procedure on payment of tax or satisfaction of tax lien of portion of tract |
Chapter 57-26 - Redemption From Real Estate Tax Sales [Repealed]
Chapter 57-27 - Rights of Private Purchaser When Land Not Redeemed [Repealed]
Chapter 57-28 - Rights of County When Lands Not Redeemed
| Section |
Section Name |
| 57-28-01 |
Notice of foreclosure of tax lien to be given |
| 57-28-02 |
When tax lien is foreclosed |
| 57-28-03 |
Contents of notice of tax lien |
| 57-28-04 |
Service of notice of foreclosure of lien |
| 57-28-05 |
Form of notice of foreclosure of tax lien service by certified mail |
| 57-28-06 |
Service of notice by publication |
| 57-28-07 |
Form of notice for publication |
| 57-28-08 |
Effect of failure to satisfy tax lien |
| 57-28-09 |
Tax deed to be issued |
| 57-28-09.1 |
Form of tax deed |
| 57-28-10 |
Appraisal for annual sale ‑ Minimum sale price |
| 57-28-11 |
Hearing on appraisal or reappraisal |
| 57-28-12 |
Appeal |
| 57-28-13 |
Time and place of annual sale |
| 57-28-14 |
Notice of annual sale ‑ Contents |
| 57-28-15 |
Annual sale at auction ‑ Sale price ‑ Terms of payment |
| 57-28-16 |
Form of deed to purchaser |
| 57-28-17 |
Sale between annual sales ‑ Reappraisal |
| 57-28-17.1 |
Private sale between annual sales by nonexclusive listing agreements |
| 57-28-18 |
Terms of private sale and distribution of proceeds |
| 57-28-19 |
Rights of repurchase |
| 57-28-19.1 |
Real estate sold to city or acquired by the county by tax deed to be marketable |
| 57-28-20 |
Disposition of proceeds of sales |
| 57-28-21 |
Cancellations from record |
| 57-28-22 |
Sale of property owned by county more than ten years |
| 57-28-23 |
County lands may be leased |
| 57-28-24 |
Terms of leases |
| 57-28-25 |
Board of county commissioners may act as leasing agents or may employ a county land agent |
| 57-28-26 |
Disposition of rental revenue |
| 57-28-27 |
Discretion of county commissioners in lease or sale of tax deed lands |
| 57-28-28 |
County lien for costs of improvement to distressed property forfeited in tax foreclosure |
| 57-28-29 |
Notice of tax delinquency ‑ Central indexing system |
Chapter 57-29 - Tax Liens on Land Acquired by State
| Section |
Section Name |
| 57-29-01 |
Suspension of tax liens on state‑acquired lands |
| 57-29-02 |
Reinstatement of tax liens upon sale |
| 57-29-03 |
Payment of tax liens |
| 57-29-04 |
Abatement to purchaser of tax sale certificates on state‑acquired land |
| 57-29-05 |
Auditor to give tax information on lands in which state is interested |
Chapter 57-30 - Action by County to Quiet Title
| Section |
Section Name |
| 57-30-01 |
Counties may maintain actions to determine adverse claims |
| 57-30-02 |
Joinder of claims for relief |
| 57-30-03 |
Joinder of parties defendant |
| 57-30-04 |
Actions ‑ How tried ‑ Judgments ‑ When taken |
| 57-30-05 |
Procedure applicable |
Chapter 57-31 - Taxation of Transient Stocks of Merchandise [Repealed]
Chapter 57-32 - Taxation of Express and Air Transportation Companies
| Section |
Section Name |
| 57-32-01 |
Applicability of public utility laws |
| 57-32-01.1 |
Property assessed in lieu of registration fees and sales and use taxes |
| 57-32-01.2 |
Method of valuation |
| 57-32-01.3 |
Allocation of value |
| 57-32-02 |
Assessment and computation of tax |
| 57-32-03 |
Tax statements prepared by state tax commissioner ‑ When due and delinquent |
| 57-32-04 |
Allocation of tax |
| 57-32-05 |
Collection of tax |
| 57-32-06 |
Legal proceedings to enforce payment of tax |
Chapter 57-33 - Taxation of Rural Electric Cooperatives [Repealed]
Chapter 57-33.1 - Taxation of Cooperative Electrical Generating Plants [Repealed]
Chapter 57-33.2 - Electric Generation, Distribution, and Transmission Taxes
| Section |
Section Name |
| 57-33.2-01 |
Definitions |
| 57-33.2-02 |
Transmission line mile tax ‑ Exemption |
| 57-33.2-03 |
Distribution taxes |
| 57-33.2-04 |
Wind generation taxation ‑ Taxation of generation from sources other than coal ‑ Taxation of coal generation not subject to coal conversion taxes |
| 57-33.2-05 |
Taxes in lieu of property taxes |
| 57-33.2-06 |
Maps ‑ Transmission and distribution line and electric generation property location reports to county auditors |
| 57-33.2-06.1 |
Verification by county auditor of reports |
| 57-33.2-07 |
Filing of reports with tax commissioner |
| 57-33.2-08 |
Delinquent taxes ‑ Penalty |
| 57-33.2-09 |
Taxes paid on worthless accounts |
| 57-33.2-10 |
Powers of commissioner |
| 57-33.2-11 |
Commissioner to audit reports and state board of equalization to assess tax |
| 57-33.2-12 |
Deficiency, protest, and appeal |
| 57-33.2-13 |
Claims for credit or refund |
| 57-33.2-14 |
Preservation of records |
| 57-33.2-15 |
Lien for tax |
| 57-33.2-16 |
Corporate officer and limited liability company governor or manager liability |
| 57-33.2-16.1 |
General partner in a limited liability limited partnership liability |
| 57-33.2-17 |
Bond |
| 57-33.2-18 |
Deposit of revenue ‑ Report to treasurer |
| 57-33.2-19 |
Allocation ‑ Continuing appropriation |
| 57-33.2-20 |
Penalty |
Chapter 57-34 - Telecommunications Carriers Taxation
| Section |
Section Name |
| 57-34-01 |
Definitions |
| 57-34-02 |
Reports of telecommunications carriers |
| 57-34-03 |
Computation of taxes by tax commissioner ‑ Exemption for high‑volume customers ‑ Continuing appropriation |
| 57-34-04 |
Assessment by state board of equalization |
| 57-34-04.1 |
Tax commissioner to audit returns and state board of equalization to assess tax |
| 57-34-04.2 |
Deficiency, protest, and appeal |
| 57-34-04.3 |
Claims for credit or refund ‑ Continuing appropriation |
| 57-34-04.4 |
Preservation of records |
| 57-34-04.5 |
Resale certificates |
| 57-34-05 |
Deposit of tax revenues ‑ Allocation to counties ‑ Telecommunications carriers tax fund ‑ Continuing appropriation |
| 57-34-06 |
Duties of county treasurer |
| 57-34-07 |
Reports to county auditor |
| 57-34-08 |
Administrative laws applicable |
| 57-34-09 |
Disposition of revenue |
| 57-34-10 |
Penalties ‑ Interest ‑ Lien for tax |
| 57-34-11 |
Taxes in lieu of property taxes |
| 57-34-12 |
Rules |
Chapter 57-34.1 - Mobile Telecommunications Tax Sourcing
Chapter 57-35 - Taxation of Banks and Trust Companies [Repealed]
Chapter 57-35.1 - Taxation of Building and Loan Associations [Repealed]
Chapter 57-35.2 - Privilege Tax on Financial Institutions [Repealed]
Chapter 57-35.3 - Financial Institutions Taxation [Repealed]
Chapter 57-36 - Tobacco Products Tax Law
| Section |
Section Name |
| 57-36-01 |
Definitions |
| 57-36-02 |
Distributors and dealers to be licensed |
| 57-36-03 |
License |
| 57-36-04 |
Revocation of license ‑ Penalty |
| 57-36-05 |
Unlawful to sell without license |
| 57-36-05.1 |
Sale of imported cigarettes ‑ When prohibited |
| 57-36-05.2 |
Sale of noncompliant tobacco products |
| 57-36-05.3 |
Use of cigarette-making machines - When allowed |
| 57-36-05.4 |
Certain cigarette-making machines - Registration requirements |
| 57-36-06 |
Cigarettes ‑ Amount of tax |
| 57-36-06.1 |
Cigarette-making machines - Requirements |
| 57-36-07 |
Packaging ‑ Presumption from possession |
| 57-36-08 |
Stamps prepared by commissioner |
| 57-36-09 |
Records to be kept by distributors and reports made ‑ Penalty |
| 57-36-09.1 |
Outlet ‑ Record of deliveries and shipments |
| 57-36-09.2 |
Examination and correction of returns ‑ Collection of taxes |
| 57-36-09.3 |
Corporate officer liability |
| 57-36-09.4 |
Governor and manager liability |
| 57-36-09.5 |
Lien of tax ‑ Collection ‑ Action authorized |
| 57-36-09.6 |
General partner in a limited liability limited partnership liability |
| 57-36-10 |
Stamps may be purchased at discount |
| 57-36-11 |
Tax meter machines |
| 57-36-11.1 |
Sales of untaxed cigarettes |
| 57-36-12 |
Distributors may not sell stamps |
| 57-36-13 |
Unlawful to transport unstamped cigarettes |
| 57-36-14 |
Procedure in case of seizure ‑ Determination ‑ Judgment |
| 57-36-15 |
Hearings by tax commissioner |
| 57-36-16 |
Petition to tax commissioner for hearing or rehearing |
| 57-36-17 |
Hearing ‑ Appeals from decision of the tax commissioner |
| 57-36-18 |
Tax commissioner to administer chapter |
| 57-36-19 |
State's attorney and other officers may be called |
| 57-36-20 |
Penalties for violation of chapter |
| 57-36-21 |
Unlawful to counterfeit stamps or insignia |
| 57-36-22 |
Separate additional tax on cigarettes ‑ Collection ‑ Penalty |
| 57-36-23 |
Separate and additional tax on the sale of cigarettes ‑ Collection ‑ Allocation of revenue ‑ Tax avoidance prohibited ‑ Penalty |
| 57-36-24 |
Exemptions |
| 57-36-25 |
Cigars and pipe tobacco ‑ Excise tax on wholesale purchase price ‑ Other tobacco products ‑ Excise tax on weight ‑ Penalty ‑ Reports ‑ Collection ‑ Allocation of revenue |
| 57-36-25.1 |
Deduction to reimburse licensed distributor for administrative expenses |
| 57-36-26 |
Cigars, pipe tobacco, and other tobacco products ‑ Excise tax payable by dealers ‑ Reports ‑ Penalties ‑ Collection ‑ Allocation of revenue |
| 57-36-27 |
Consumer's use tax ‑ Cigarettes ‑ Reports ‑ Remittances |
| 57-36-28 |
Consumer's use tax ‑ Cigars, pipe tobacco, and other tobacco products ‑ Reports ‑ Remittances |
| 57-36-29 |
Correction of errors |
| 57-36-30 |
Issuance of credit or refund |
| 57-36-31 |
Transfer and allocation of revenues ‑ Appropriation |
| 57-36-32 |
Separate and additional tax on the sale of cigarettes ‑ Collection ‑ Allocation of revenue ‑ Tax avoidance prohibited |
| 57-36-33 |
Penalties for violation of chapter |
Chapter 57-36.1 - Controlled Substances Tax [Repealed]
Chapter 57-37 - Estate Tax [Repealed]
Chapter 57-37.1 - Estate Tax
| Section |
Section Name |
| 57-37.1-01 |
Definitions |
| 57-37.1-02 |
Tax on transfer of estates |
| 57-37.1-03 |
Determination of North Dakota taxable estate |
| 57-37.1-04 |
Computation of tax |
| 57-37.1-05 |
Property previously taxed |
| 57-37.1-06 |
Estate tax return required ‑ Tax commissioner to assess tax ‑ District court to apportion federal and state estate taxes |
| 57-37.1-07 |
Taxes payable as of date of death ‑ Interest rate |
| 57-37.1-08 |
Collection and distribution of tax ‑ Refunds |
| 57-37.1-09 |
Beneficiaries to share burden of tax |
| 57-37.1-09.1 |
Lien for tax |
| 57-37.1-10 |
Personal representative to furnish necessary documents to the tax commissioner |
| 57-37.1-11 |
Valuations, reports, inventories, estate tax applications, and supplements |
| 57-37.1-12 |
Duties of depositories ‑ Inventory of contents of safe deposit box required |
| 57-37.1-13 |
Depositories ‑ Notice of transfer of decedent's assets |
| 57-37.1-14 |
Penalties |
| 57-37.1-15 |
Liability of representatives |
| 57-37.1-16 |
Penalty for false statements or reports |
| 57-37.1-17 |
Supervision by tax commissioner |
| 57-37.1-18 |
Preliminary appraisal if no estate tax return is filed |
| 57-37.1-19 |
Assessment or determination of additional tax liability by tax commissioner ‑ Hearing |
| 57-37.1-20 |
Actions to quiet title to property |
| 57-37.1-21 |
When return required |
| 57-37.1-22 |
Secrecy as to returns |
Chapter 57-38 - Income Tax
| Section |
Section Name |
| 57-38-01 |
Definitions |
| 57-38-01.1 |
Declaration of legislative intent |
| 57-38-01.2 |
Adjustments to taxable income for individuals and fiduciaries |
| 57-38-01.3 |
Adjustments to taxable income for corporations |
| 57-38-01.4 |
Recognition of subchapter S election |
| 57-38-01.5 |
Crop insurance proceeds ‑ Option to postpone for income tax purposes |
| 57-38-01.6 |
Deduction for contributions to retirement plans |
| 57-38-01.7 |
Income tax credit for charitable contributions ‑ Limitation |
| 57-38-01.8 |
Income tax credit for installation of geothermal, solar, wind, or biomass energy devices |
| 57-38-01.9 |
Deduction of contributions to individual retirement account |
| 57-38-01.10 |
Deferral of crop disaster payments and proceeds of livestock sold on account of drought |
| 57-38-01.11 |
Reporting net operating loss |
| 57-38-01.12 |
Reporting of investment credit carryback for prior taxable years |
| 57-38-01.13 |
Taxation of the gain or loss resulting from the sale of a principal residence |
| 57-38-01.14 |
No gain recognized on property subject to eminent domain sale or transfer |
| 57-38-01.15 |
Proration and itemization of deductions and exemptions |
| 57-38-01.16 |
Income tax credit for employment of individuals with developmental disabilities or severe mental illness |
| 57-38-01.17 |
Credit for investments in development corporations |
| 57-38-01.18 |
Gain on stock sale or transfer when corporation has relocated to this state |
| 57-38-01.19 |
Income tax credit for alternative fuel motor vehicle conversion equipment |
| 57-38-01.20 |
Credit for expenses of caring for certain family members |
| 57-38-01.21 |
Charitable gifts, planned gifts, and qualified endowments credit ‑ Definitions |
| 57-38-01.22 |
Income tax credit for blending of biodiesel fuel or green diesel fuel |
| 57-38-01.23 |
Income tax credit for biodiesel or green diesel sales equipment costs |
| 57-38-01.24 |
Internship employment tax credit |
| 57-38-01.25 |
Workforce recruitment credit for hard‑to‑fill employment positions |
| 57-38-01.26 |
Angel investor tax credit |
| 57-38-01.27 |
Microbusiness income tax credit |
| 57-38-01.28 |
Marriage penalty credit |
| 57-38-01.29 |
Homestead income tax credit ‑ Rules |
| 57-38-01.30 |
Commercial property income tax credit ‑ Rules |
| 57-38-01.31 |
Employer tax credit for salary and related retirement plan contributions for mobilized employees |
| 57-38-01.32 |
Housing incentive fund tax credit |
| 57-38-01.33 |
Income tax credit for purchases of manufacturing machinery and equipment for the purpose of automating manufacturing processes |
| 57-38-01.34 |
Corporate credit for contributions to rural leadership North Dakota |
| 57-38-01.35 |
Financial institutions ‑ Net operating losses ‑ Credit carryovers |
| 57-38-01.36 |
Twenty‑first century manufacturing workforce incentive |
| 57-38-01.37 |
Individual income tax credit |
| 57-38-01.38 |
Adoption tax credit |
| 57-38-01.39 |
Tax credit for contributions to a maternity home, child-placing agency, or pregnancy help center |
| 57-38-01.40 |
Apprenticeship tax credit |
| 57-38-01.41 |
Twenty‑first century manufacturing and animal agricultural workforce incentive |
| 57-38-01.42 |
Child care contribution credit |
| 57-38-02 |
Annual tax on individuals |
| 57-38-03 |
Imposition of tax against nonresidents |
| 57-38-04 |
Allocation and apportionment of gross income of individuals |
| 57-38-05 |
Certain income of nonresidents not taxed |
| 57-38-06 |
General provisions applicable to nonresidents |
| 57-38-06.1 |
Exemptions for nonresident individual |
| 57-38-07 |
Tax imposed on fiduciaries ‑ Charge against estate or trust |
| 57-38-07.1 |
Taxation of two or more member limited liability companies |
| 57-38-07.2 |
Taxation of single‑member limited liability companies |
| 57-38-08 |
Partnerships not subject to tax |
| 57-38-08.1 |
Allocation and apportionment of partnership income ‑ Taxation of partners |
| 57-38-09 |
Exempt organizations |
| 57-38-09.1 |
Organizations exempt from income tax ‑ File return |
| 57-38-10 |
Allocation and apportionment of partnership income |
| 57-38-11 |
Annual tax on corporations |
| 57-38-12 |
Allocation of corporation income |
| 57-38-13 |
General provisions related to allocation of corporation income |
| 57-38-14 |
General provisions relating to corporate income |
| 57-38-15 |
Basis for determining gain or loss |
| 57-38-15.1 |
Capital gains and losses |
| 57-38-15.2 |
No capital gain recognized on property involuntarily converted |
| 57-38-15.3 |
Gain or loss not recognized on certain exchanges |
| 57-38-16 |
Inventory ‑ Use under direction of tax commissioner |
| 57-38-17 |
Gross income defined |
| 57-38-17.1 |
Income from back pay ‑ Limitation of tax ‑ Definition |
| 57-38-18 |
Items not included in gross income |
| 57-38-19 |
Gross income of life insurance companies |
| 57-38-20 |
Basis of return of net income |
| 57-38-21 |
Net income defined ‑ Computation |
| 57-38-22 |
Deductions allowed |
| 57-38-22.1 |
Deductions ‑ Individuals |
| 57-38-23 |
Items not deductible |
| 57-38-24 |
Net losses ‑ Meaning ‑ Exceptions |
| 57-38-25 |
Net loss as a deduction |
| 57-38-26 |
Exemption for individuals |
| 57-38-27 |
Exemption for fiduciaries |
| 57-38-28 |
Time for fixing exemption status |
| 57-38-29 |
Optional method of computing tax |
| 57-38-29.1 |
Energy cost relief credit |
| 57-38-29.2 |
Credit for premiums for long‑term care insurance coverage |
| 57-38-29.3 |
Credit for premiums for long‑term care partnership plan insurance coverage |
| 57-38-30 |
Imposition and rate of tax on corporations |
| 57-38-30.1 |
Corporate tax credit for new industry |
| 57-38-30.2 |
Surtax on income |
| 57-38-30.3 |
Individual, estate, and trust income tax |
| 57-38-30.4 |
Income tax credit for comprehensive health association assessments |
| 57-38-30.5 |
Income tax credit for research and experimental expenditures |
| 57-38-30.6 |
Corporate income tax credit for biodiesel or green diesel production or soybean and canola crushing facility equipment costs |
| 57-38-31 |
Duty of individuals and fiduciaries to make return |
| 57-38-31.1 |
Composite returns |
| 57-38-32 |
Duty of corporations to make returns |
| 57-38-33 |
Failure to complete return or supply information |
| 57-38-34 |
Time and place of filing returns ‑ Interest on tax when time for filing is extended |
| 57-38-34.1 |
Optional card income tax return |
| 57-38-34.2 |
Filing of separate income tax returns by a husband and wife after joint income tax returns have been filed |
| 57-38-34.3 |
Optional contributions to nongame wildlife fund |
| 57-38-34.4 |
Requirement to report federal changes |
| 57-38-34.5 |
Optional contributions to centennial tree program trust fund |
| 57-38-34.6 |
Optional contributions to trees for North Dakota program trust fund |
| 57-38-34.7 |
Optional contributions to veterans' postwar trust fund |
| 57-38-35 |
Payment of tax |
| 57-38-35.1 |
Minimum refunds and collections ‑ Application of refunds |
| 57-38-35.2 |
Interest payments |
| 57-38-36 |
When payment of tax may be made in quarterly installments |
| 57-38-37 |
Receipt |
| 57-38-38 |
Tax commissioner to audit returns and assess tax |
| 57-38-39 |
Deficiency, protest, and appeal |
| 57-38-40 |
Claim for credit or refund |
| 57-38-40.1 |
Income tax refund reserve |
| 57-38-41 |
Appeal |
| 57-38-42 |
Information at the source (Effective for taxable years beginning before January 1, 2022) |
| 57-38-43 |
Interest on delinquent tax |
| 57-38-44 |
Tax a personal debt |
| 57-38-45 |
Interest and penalties |
| 57-38-46 |
Certificate of tax commissioner prima facie evidence |
| 57-38-47 |
Mandamus to compel filing return |
| 57-38-48 |
Lien of tax |
| 57-38-49 |
Preservation of lien |
| 57-38-50 |
Satisfaction of lien |
| 57-38-51 |
Enforcement of lien |
| 57-38-52 |
Field auditors |
| 57-38-53 |
Oath and acknowledgment |
| 57-38-54 |
Publication of statistics |
| 57-38-55 |
Disposition of revenues |
| 57-38-56 |
Powers of tax commissioner |
| 57-38-57 |
Secrecy as to returns ‑ Penalty |
| 57-38-58 |
Definitions |
| 57-38-59 |
Withholding from wages of employees ‑ Penalty |
| 57-38-59.1 |
Reciprocal arrangement with other states for withholding income taxes |
| 57-38-59.2 |
Withholding of lottery winnings |
| 57-38-59.3 |
Nonresident mobile workforce - Computation of taxable income ‑ Exclusion ‑ Exception for employer withholding - Returns required |
| 57-38-59.4 |
Withholding requirement for oil and gas royalty payments to nonresidents |
| 57-38-60 |
Employer's returns and remittances |
| 57-38-60.1 |
Corporate officer liability |
| 57-38-60.2 |
Governor and manager liability |
| 57-38-60.3 |
Liability of a general partner in a limited liability limited partnership |
| 57-38-61 |
Provisions of chapter applicable |
| 57-38-62 |
Payment of estimated income tax |
| 57-38-63 |
Due date for payment of estimated income tax |
| 57-38-64 |
Application for quick refund of overpaid estimated tax by a corporation |
| 57-38-65 |
Exemption |
| 57-38-66 |
Business and corporation privilege tax |
| 57-38-67 |
Definitions applicable to sections 57‑38‑67 through 57‑38‑70 |
| 57-38-68 |
Income tax deduction for land sale to beginning farmers |
| 57-38-69 |
Rent from beginning farmers exempt from income tax |
| 57-38-70 |
Claim for income tax deduction for land sale or rental to a beginning farmer |
| 57-38-71 |
Definitions applicable to sections 57‑38‑71 through 57‑38‑74 |
| 57-38-72 |
Income tax deduction for revenue‑producing enterprise sale to beginning entrepreneur |
| 57-38-73 |
Rent from beginning entrepreneur exempt from income tax |
| 57-38-74 |
Claim for income tax deduction for revenue‑producing enterprise sale or rental to a beginning entrepreneur |
| 57-38-75 |
Rounding |
Chapter 57-38.1 - Uniform Division of Income Tax Act
Chapter 57-38.2 - Income Averaging [Repealed]
Chapter 57-38.3 - Setoff of Income Tax Refund
Chapter 57-38.4 - Water's Edge Method Election
Chapter 57-38.5 - Seed Capital Investment Tax Credit
| Section |
Section Name |
| 57-38.5-01 |
Definitions |
| 57-38.5-02 |
Certification ‑ Investment reporting by qualified businesses ‑ Maximum investments in qualified businesses |
| 57-38.5-03 |
Seed capital investment tax credit |
| 57-38.5-04 |
Taxable year for seed capital investment tax credit |
| 57-38.5-04.1 |
Credit for investments made before 2005 |
| 57-38.5-05 |
Seed capital investment tax credit limits |
| 57-38.5-06 |
Seed capital investment tax credit ‑ Procedure ‑ Rules |
| 57-38.5-07 |
Investment reporting forms |
| 57-38.5-08 |
Rules and administration |
Chapter 57-38.6 - Agricultural Business Investment Tax Credit
| Section |
Section Name |
| 57-38.6-01 |
Definitions |
| 57-38.6-02 |
Certification ‑ Investment reporting by qualified businesses |
| 57-38.6-03 |
Agricultural business investment tax credit |
| 57-38.6-04 |
Taxable year for agricultural business investment tax credit |
| 57-38.6-05 |
Agricultural business investment tax credit ‑ Procedure ‑ Rules |
| 57-38.6-06 |
Investment reporting forms |
| 57-38.6-07 |
Rules and administration |
Chapter 57-39 - Sales Tax [Repealed]
Chapter 57-39.1 - Motor Vehicle Excise Tax [Repealed]
Chapter 57-39.2 - Sales Tax
| Section |
Section Name |
| 57-39.2-01 |
Definitions |
| 57-39.2-02 |
Sales tax imposed |
| 57-39.2-02.1 |
Sales tax imposed |
| 57-39.2-02.2 |
Certain sellers located outside this state required to collect and remit sales taxes ‑ Criteria |
| 57-39.2-02.3 |
Marketplace facilitator tax collection requirement |
| 57-39.2-03 |
Separate and additional tax on retail sales |
| 57-39.2-03.1 |
Separate and additional tax on retail sales |
| 57-39.2-03.2 |
Sales tax on alcoholic beverages and tobacco products |
| 57-39.2-03.3 |
Sales tax on sales through vending machines |
| 57-39.2-03.4 |
Sales tax on carpet and drapes |
| 57-39.2-03.5 |
Reduced rate for manufacturing machinery and equipment |
| 57-39.2-03.6 |
Sales tax rate on natural gas sales |
| 57-39.2-03.7 |
Surcharge on rental motor vehicles |
| 57-39.2-03.8 |
Separate and additional sales tax on lodging |
| 57-39.2-03.9 |
Sales tax on tobacco products |
| 57-39.2-03.10 |
Bundled telecommunications services including exempt services |
| 57-39.2-04 |
Exemptions |
| 57-39.2-04.1 |
Sales tax exemption for food and food ingredients |
| 57-39.2-04.2 |
Sales tax exemption for power plant construction, production, environmental upgrade, and repowering equipment and oil refinery or gas processing plant environmental upgrade equipment |
| 57-39.2-04.3 |
Sales tax exemption for manufacturing or recycling machinery and equipment and primary sector business computer and telecommunications equipment |
| 57-39.2-04.4 |
Sales tax exemption for materials used to construct agricultural commodity processing facility |
| 57-39.2-04.5 |
Sales and use tax exemption for materials used in compressing, processing, gathering, collecting, or refining of gas |
| 57-39.2-04.6 |
Sales and use tax exemption for materials used in construction or expansion of an oil refinery |
| 57-39.2-04.7 |
Sales tax exemption for equipment used in telecommunications infrastructure development |
| 57-39.2-04.8 |
Sales tax exemption for machinery or equipment used to produce coal from a new mine |
| 57-39.2-04.9 |
Sales tax exemption for equipment used in telecommunications infrastructure development |
| 57-39.2-04.10 |
Sales tax exemption for materials used to construct a processing facility to produce liquefied natural gas |
| 57-39.2-04.11 |
Sales tax exemption for materials used to construct a facility for coal gasification byproducts |
| 57-39.2-04.12 |
Sales tax rebate for certain purchases of replacement property for property damaged or destroyed by 2011 flooding |
| 57-39.2-04.13 |
Sales and use tax exemption for enterprise information technology equipment and computer software used in a qualified data center |
| 57-39.2-04.14 |
Sales and use tax exemption for materials used in compressing, gathering, collecting, storing, transporting, or injecting carbon dioxide for secure geologic storage or use in enhanced recovery of oil or natural gas |
| 57-39.2-04.15 |
Sales and use tax exemption for materials used to construct a fertilizer or chemical processing facility |
| 57-39.2-04.16 |
Sales tax exemption for materials used to construct a qualified straddle plant, a qualified fractionator, or qualified associated infrastructure |
| 57-39.2-04.17 |
Sales and use tax exemption for enterprise information technology equipment and computer software used in a qualified data center (Retroactive application - See note) |
| 57-39.2-04.18 |
Sales and use tax exemption for materials used to construct, expand, or upgrade a facility that refines renewable feedstock into sustainable aviation fuel |
| 57-39.2-04.19 |
Sales tax exemption for raw materials, single‑use product contact systems, and reagents used for biologic manufacturing ‑ Report (Expired effective June 30, 2029) |
| 57-39.2-04.20 |
Sales and use tax exemption for materials used in construction, expansion, or environmental upgrade of a renewable feedstock refinery |
| 57-39.2-04.21 |
Sales and use tax exemption for materials used to construct or expand a coal processing facility that utilizes coal as a feedstock |
| 57-39.2-05 |
Credit or refund for taxes paid on worthless accounts and repossessions |
| 57-39.2-06 |
Credit to relief agency and local governmental units |
| 57-39.2-07 |
Sales tax to be added to purchase price and be a debt |
| 57-39.2-08 |
Separate and additional tax on retail sales to be added to purchase price and be a debt |
| 57-39.2-08.1 |
Separate and additional tax on retail sales to be added to purchase price and be a debt |
| 57-39.2-08.2 |
Sales tax to be added to purchase price and be a debt |
| 57-39.2-08.3 |
Sales tax on alcoholic beverages may be included in purchase price |
| 57-39.2-09 |
Unlawful act |
| 57-39.2-10 |
Records required ‑ Sales for resale exempt |
| 57-39.2-10.1 |
Responsibilities of special events promoters ‑ Penalty |
| 57-39.2-11 |
Return of gross receipts |
| 57-39.2-12 |
Payment of tax ‑ Bond ‑ Creation of lien |
| 57-39.2-12.1 |
Deduction to reimburse retailer for administrative expenses |
| 57-39.2-13 |
Lien of tax ‑ Collection ‑ Action authorized |
| 57-39.2-14 |
Permits ‑ Application fee for reissuance |
| 57-39.2-14.1 |
Commissioner may authorize direct payment of sales and use tax |
| 57-39.2-15 |
Failure to file return ‑ Incorrect return |
| 57-39.2-15.1 |
Extensions of time to perform sales tax audits |
| 57-39.2-15.2 |
Governor and manager liability |
| 57-39.2-15.3 |
Liability of a general partner in a limited liability limited partnership |
| 57-39.2-16 |
Appeals |
| 57-39.2-17 |
Service of notice |
| 57-39.2-18 |
Penalties ‑ Offenses |
| 57-39.2-18.1 |
Corporate officer liability |
| 57-39.2-19 |
Commissioner to administer chapter |
| 57-39.2-20 |
Tax, penalties, and other charges paid to commissioner ‑ Disposition |
| 57-39.2-21 |
General powers |
| 57-39.2-22 |
Commissioner may appoint agents and employees ‑ Compensation ‑ Bond |
| 57-39.2-23 |
Information deemed confidential ‑ Certain releases of information authorized |
| 57-39.2-24 |
Correction of errors |
| 57-39.2-24.1 |
Claim for refund |
| 57-39.2-25 |
Payment of refund |
| 57-39.2-26 |
Allocation of revenue (Effective through June 30, 2027) |
| 57-39.2-26.1 |
State aid distribution fund ‑ State treasurer ‑ Continuing appropriation |
| 57-39.2-26.2 |
Allocation of revenues to senior citizen services and programs matching fund ‑ Continuing appropriation |
| 57-39.2-26.3 |
County aid distribution fund ‑ State treasurer ‑ Continuing appropriation (Effective through June 30, 2027) |
| 57-39.2-26.4 |
Large facility development fund ‑ State treasurer ‑ Continuing appropriation ‑ Report (Effective through June 30, 2027) |
| 57-39.2-26.5 |
Animal agriculture facility infrastructure fund ‑ State treasurer ‑ Continuing appropriation (Expired effective July 1, 2029) |
| 57-39.2-27 |
Disposition of excess tax collections |
| 57-39.2-28 |
Refunds for Canadian residents |
| 57-39.2-29 |
Sourcing ‑ Multiple points of use exemption |
| 57-39.2-30 |
Conditional sales contract |
| 57-39.2-31 |
Seller and certified service provider limited immunity |
| 57-39.2-32 |
Confidentiality of information obtained by certified service providers |
Chapter 57-39.3 - In Lieu of Sales Tax Fees [Repealed]
Chapter 57-39.4 - Streamlined Sales and Use Tax Agreement
Chapter 57-39.4a - Simplified Sales and Use Tax Administration Act [Repealed]
Chapter 57-39.5 - Farm Machinery Gross Receipts Tax
Chapter 57-39.6 - Alcoholic Beverage Gross Receipts Tax
Chapter 57-39.7 - Lodging Gross Receipts Tax [Expired]
Chapter 57-39.8 - State-Tribal Sales, Use, and Gross Receipts Tax Agreements [Repealed]
Chapter 57-39.9 - State-Tribal Sales, Use, and Gross Receipts Tax Agreements
| Section |
Section Name |
| 57-39.9-01 |
Authority to enter state‑tribal sales, use, and gross receipts tax agreements |
| 57-39.9-02 |
Agreement requirements |
| 57-39.9-03 |
Inapplicability of chapter 54‑40.2 |
| 57-39.9-04 |
Revenue allocation and distribution ‑ Refunds ‑ Continuing appropriation |
| 57-39.9-05 |
Refunds ‑ Continuing appropriation |
Chapter 57-39.10 - State-Tribal Alcohol, Tobacco, and Alcoholic Beverages Gross Receipts Tax Agreements
| Section |
Section Name |
| 57-39.10-01 |
Authority to enter state‑tribal alcoholic beverages wholesale tax, tobacco products wholesale tax, and alcoholic beverages gross receipts tax agreements |
| 57-39.10-02 |
Requirements for all state‑tribal tax agreements |
| 57-39.10-03 |
Alcoholic beverages wholesale tax agreement requirements |
| 57-39.10-04 |
Tobacco products wholesale tax agreement requirements |
| 57-39.10-05 |
Alcoholic beverages gross receipts tax agreement requirements |
| 57-39.10-06 |
Inapplicability of chapter 54‑40.2 |
| 57-39.10-07 |
Alcoholic beverages wholesale tax revenue allocation and distribution ‑ Refunds ‑ Continuing appropriation |
| 57-39.10-08 |
Tobacco products wholesale tax revenue allocation and distribution ‑ Refunds ‑ Continuing appropriation |
| 57-39.10-09 |
Alcoholic beverages gross receipts tax revenue allocation and distribution ‑ Refunds ‑ Continuing appropriation |
Chapter 57-40 - Use Tax [Repealed]
Chapter 57-40.1 - Motor Vehicle Use Tax [Repealed]
Chapter 57-40.2 - Use Tax
| Section |
Section Name |
| 57-40.2-01 |
Definitions |
| 57-40.2-02 |
Tax imposed |
| 57-40.2-02.1 |
Use tax imposed |
| 57-40.2-02.3 |
Certain sellers located outside this state required to collect and remit sales taxes ‑ Criteria |
| 57-40.2-02.4 |
Marketplace facilitator tax collection requirement |
| 57-40.2-03 |
Separate and additional use tax |
| 57-40.2-03.1 |
Separate and additional use tax |
| 57-40.2-03.2 |
Use tax on tobacco products |
| 57-40.2-03.3 |
Use tax on contractors (Effective through June 30, 2029) |
| 57-40.2-03.4 |
Reduced rate for manufacturing machinery and equipment |
| 57-40.2-04 |
Exemptions |
| 57-40.2-04.1 |
Use tax exemption for food and food ingredients |
| 57-40.2-04.2 |
Use tax exemption for power plant construction, production, environmental upgrade, and repowering equipment and oil refinery or gas processing plant environmental upgrade equipment |
| 57-40.2-05 |
Evidence of use |
| 57-40.2-06 |
Payment of tax |
| 57-40.2-07 |
Collection of use tax |
| 57-40.2-07.1 |
Deduction to reimburse retailer for administrative expenses |
| 57-40.2-08 |
Unlawful advertising |
| 57-40.2-09 |
Records required |
| 57-40.2-10 |
Revocation of permit and authority to do business |
| 57-40.2-11 |
Tax paid on articles in other states or political subdivisions of other states |
| 57-40.2-12 |
Unlawful sale or soliciting |
| 57-40.2-13 |
Provisions of sales tax law applicable |
| 57-40.2-14 |
Contractor's performance bonds for payment of use tax |
| 57-40.2-15 |
Penalties ‑ Offenses |
| 57-40.2-15.1 |
Corporate officer liability |
| 57-40.2-15.2 |
Governor and manager liability |
| 57-40.2-15.3 |
Liability of a general partner in a limited liability limited partnership |
| 57-40.2-16 |
Lien of tax ‑ Collection ‑ Action authorized |
| 57-40.2-17 |
Disposition of excess tax collections |
Chapter 57-40.3 - Motor Vehicle Excise Tax
| Section |
Section Name |
| 57-40.3-01 |
Definitions |
| 57-40.3-02 |
Tax imposed |
| 57-40.3-02.1 |
Tax imposed on motor vehicle lease |
| 57-40.3-03 |
Separate and additional tax imposed |
| 57-40.3-03.1 |
Separate and additional tax imposed |
| 57-40.3-04 |
Exemptions |
| 57-40.3-05 |
Purchaser to furnish motor vehicle purchaser's certificate to director of the department of transportation |
| 57-40.3-05.1 |
Seller to furnish motor vehicle seller's certificate to purchaser |
| 57-40.3-06 |
Presentation of motor vehicle purchaser's certificate to director |
| 57-40.3-07 |
Title or license registration not to be issued unless tax paid |
| 57-40.3-07.1 |
Lien for failure to pay tax |
| 57-40.3-08 |
Presumption |
| 57-40.3-09 |
Credit for excise tax paid in other states ‑ Reciprocity |
| 57-40.3-10 |
Transfer of revenue |
| 57-40.3-11 |
Penalties |
| 57-40.3-12 |
Director to act as agent of tax commissioner in administration of motor vehicle use tax |
Chapter 57-40.4 - Motor Vehicle Excise Tax Refunds
Chapter 57-40.5 - Aircraft Excise Tax
| Section |
Section Name |
| 57-40.5-01 |
Definitions |
| 57-40.5-02 |
Tax imposed |
| 57-40.5-03 |
Exemptions |
| 57-40.5-04 |
Purchaser to furnish aircraft purchaser's certificate to director of aeronautics |
| 57-40.5-05 |
Presentation of aircraft purchaser's certificate to director |
| 57-40.5-06 |
Aircraft registration not to be issued unless tax paid |
| 57-40.5-07 |
Presumption |
| 57-40.5-08 |
Credit for excise tax paid in other states ‑ Reciprocity |
| 57-40.5-08.1 |
Aircraft excise tax refunds ‑ Three‑year limitation |
| 57-40.5-08.2 |
Procedure for refunding |
| 57-40.5-09 |
Allocation of revenue |
| 57-40.5-10 |
Penalties |
| 57-40.5-11 |
Director to act as agent of tax commissioner in administration of aircraft excise tax - Provisions of motor vehicle excise tax applicable |
Chapter 57-40.6 - Emergency Services Communication Systems
| Section |
Section Name |
| 57-40.6-01 |
Definitions |
| 57-40.6-02 |
Authority of counties or cities to impose fee on assessed communications service ‑ Procedure |
| 57-40.6-03 |
Payment of fee by assessed communications service subscriber or customer |
| 57-40.6-03.1 |
911 database management charges |
| 57-40.6-04 |
Fee collection procedure |
| 57-40.6-05 |
Restriction on use of fee proceeds |
| 57-40.6-06 |
Database |
| 57-40.6-07 |
Use of the furnished information |
| 57-40.6-08 |
Emergency services communication system, automated notification system, or emergency instructions ‑ Liability |
| 57-40.6-09 |
Governor to appoint an emergency services communication system advisory committee ‑ Standards and guidelines ‑ Report |
| 57-40.6-10 |
Standards and guidelines |
| 57-40.6-11 |
Annual report to legislative council |
| 57-40.6-12 |
Emergency services communications coordinating committee ‑ Membership ‑ Duties |
| 57-40.6-13 |
Provision of call location information by wireless service provider or prepaid wireless service provider or seller to law enforcement |
| 57-40.6-14 |
Prepaid wireless emergency 911 fee |
| 57-40.6-15 |
Prepaid wireless emergency 911 fee fund |
Chapter 57-41 - Motor Fuel Tax [Repealed]
Chapter 57-42 - Motor Fuel Use Tax [Repealed]
Chapter 57-43 - Additional Motor Fuel Tax [Repealed]
Chapter 57-43a - Two-Cent Special Motor Fuel Tax [Disapproved]
Chapter 57-43.1 - Motor Vehicle Fuels and Importer for Use Taxes
| Section |
Section Name |
| 57-43.1-01 |
Definitions |
| 57-43.1-02 |
Tax imposed on motor vehicle fuels |
| 57-43.1-02.1 |
Additional motor vehicle fuels taxes |
| 57-43.1-03 |
Refund of tax for fuel used for an industrial purpose ‑ Reduction for agricultural products utilization fund |
| 57-43.1-03.1 |
Refund of tax for fuel used for agricultural purposes |
| 57-43.1-03.2 |
Refund of tax for fuel purchased by native Americans ‑ Fuels tax refund reserve fund ‑ Continuing appropriation |
| 57-43.1-03.3 |
Refund - Emergency medical services operation - Fire department |
| 57-43.1-04 |
Form of claim for refund |
| 57-43.1-05 |
Claim for refund ‑ Limitation on filing |
| 57-43.1-06 |
Refund to prevent taxation by multiple jurisdictions |
| 57-43.1-06.1 |
Refund of tax on tax‑exempt sales |
| 57-43.1-07 |
Commissioner to examine and pay claims |
| 57-43.1-08 |
Refund to state or political subdivision |
| 57-43.1-09 |
Refunds to private individuals or corporations prohibited ‑ Exception |
| 57-43.1-10 |
Invoice issued to purchaser |
| 57-43.1-11 |
Assignment of refund claims |
| 57-43.1-12 |
Permit required during certain period ‑ Revocation |
| 57-43.1-12.1 |
Credit for taxes paid on worthless accounts and refunds |
| 57-43.1-13 |
Refiner, supplier, distributor, importer, exporter, and terminal operator required to secure license ‑ License fees |
| 57-43.1-14 |
Bond or letter of credit required |
| 57-43.1-14.1 |
Qualification for exporter license |
| 57-43.1-14.2 |
Qualification for importer license |
| 57-43.1-15 |
Application for license ‑ Issuance of license ‑ Denial of license |
| 57-43.1-15.1 |
Revocation of license ‑ Hearing to show cause ‑ Reinstatement |
| 57-43.1-16 |
Monthly report by refiner, supplier, distributor, importer, or exporter required |
| 57-43.1-16.1 |
Report by terminal operator required |
| 57-43.1-16.2 |
Common or contract carrier ‑ License required ‑ Records required ‑ Diverted loads ‑ Commissioner to audit records |
| 57-43.1-17 |
Commissioner to audit report and assess tax |
| 57-43.1-17.1 |
Determination if no report is filed |
| 57-43.1-17.2 |
Corporate officer liability |
| 57-43.1-17.3 |
Governor and manager liability |
| 57-43.1-17.4 |
Lien of tax ‑ Collection ‑ Action authorized |
| 57-43.1-17.5 |
Liability of a general partner in a limited liability limited partnership |
| 57-43.1-18 |
Sale in original package ‑ Invoice ‑ Delivery of copies |
| 57-43.1-19 |
Sale to consumer in original package ‑ Invoice required |
| 57-43.1-20 |
Tax chargeable to consumer |
| 57-43.1-21 |
Penalty and interest ‑ Violations |
| 57-43.1-22 |
Conditions precedent to reinstatement of license |
| 57-43.1-23 |
Payment of tax |
| 57-43.1-24 |
Tax collection allowance |
| 57-43.1-25 |
Retention of records ‑ Subject to inspection |
| 57-43.1-26 |
Inventory gains ‑ Losses |
| 57-43.1-27 |
Sales of motor vehicle fuels to retail outlets ‑ Tax imposed ‑ Credit for losses |
| 57-43.1-28 |
Transfer, deposit, and distribution of funds |
| 57-43.1-29 |
Motor fuel and other motor vehicle taxes to be used for highway purposes |
| 57-43.1-30 |
Administration ‑ Assistance authorized ‑ Rules |
| 57-43.1-31 |
Penalty |
| 57-43.1-32 |
Erroneously or illegally collected taxes |
| 57-43.1-33 |
Levy of importer for use tax |
| 57-43.1-34 |
Computation |
| 57-43.1-35 |
Exemptions |
| 57-43.1-36 |
Importer for use license required |
| 57-43.1-37 |
Issuance and display |
| 57-43.1-38 |
Assignment forbidden |
| 57-43.1-39 |
Revocation, cancellation, and surrender of importer for use license |
| 57-43.1-40 |
Occasional trip permits |
| 57-43.1-41 |
Authorization of the commissioner |
| 57-43.1-42 |
Credit for North Dakota purchases ‑ Refunds |
| 57-43.1-42.1 |
Credit for taxes paid on worthless accounts and refunds |
| 57-43.1-42.2 |
Nonrefundability of taxes |
| 57-43.1-43 |
Importer for use tax, reports, payments, records, penalties, disposition of funds, audits, and assessments |
| 57-43.1-44 |
Cooperative motor vehicle fuels agreements |
| 57-43.1-45 |
Motor vehicle fuel tax for interstate motor carriers ‑ Computation ‑ Credits ‑ Refunds |
| 57-43.1-46 |
Interstate motor carrier required to obtain license ‑ Display ‑ Revocation or cancellation of license ‑ Occasional trip permits in lieu of license |
| 57-43.1-47 |
Interstate motor carrier tax reports ‑ Payments ‑ Audits ‑ Assessments |
Chapter 57-43.2 - Special Fuels and Importer for Use Taxes
| Section |
Section Name |
| 57-43.2-01 |
Definitions |
| 57-43.2-02 |
Tax imposed |
| 57-43.2-02.1 |
Additional special fuel tax |
| 57-43.2-02.2 |
Refund of tax for fuel used for heating and for an agricultural, industrial, or railroad purpose |
| 57-43.2-02.3 |
Exemptions (Contingent expiration date - See note) |
| 57-43.2-02.4 |
Special fuels tax exemption for hydrogen |
| 57-43.2-03 |
Special excise tax levied |
| 57-43.2-03.1 |
Dyed special fuel use by a city |
| 57-43.2-04 |
Tax chargeable to consumer |
| 57-43.2-04.1 |
Tax collection allowance |
| 57-43.2-04.2 |
Refund to prevent taxation by multiple jurisdictions |
| 57-43.2-04.3 |
Refund of tax on tax‑exempt sales |
| 57-43.2-04.4 |
Credit for taxes paid on worthless accounts and refunds |
| 57-43.2-04.5 |
Refund - Emergency medical services operation - Fire department |
| 57-43.2-04.6 |
Refund of tax for fuel used for a refrigeration unit on a truck |
| 57-43.2-05 |
Refiner, supplier, distributor, importer, exporter, retailer, and terminal operator required to secure license ‑ License fees |
| 57-43.2-06 |
License, fee, and bond |
| 57-43.2-07 |
Bond or letter of credit required |
| 57-43.2-07.1 |
Qualification for exporter license |
| 57-43.2-07.2 |
Qualification for importer license |
| 57-43.2-08 |
Application for license ‑ Issuance of license ‑ Denial of license |
| 57-43.2-09 |
Revocation of license ‑ Hearing to show cause ‑ Reinstatement |
| 57-43.2-10 |
Retention of records ‑ Subject to inspection |
| 57-43.2-11 |
Report by refiner, supplier, distributor, retailer, importer, or exporter required |
| 57-43.2-11.1 |
Report by terminal operator required |
| 57-43.2-11.2 |
Common or contract carrier ‑ License required ‑ Records required ‑ Diverted loads ‑ Commissioner to audit records |
| 57-43.2-12 |
Monthly returns and payments |
| 57-43.2-13 |
Presumption |
| 57-43.2-14 |
Commissioner to audit report and assess tax |
| 57-43.2-14.1 |
Determination if no report is filed |
| 57-43.2-15 |
Penalty and interest ‑ Violations |
| 57-43.2-16 |
Determination if no return made |
| 57-43.2-16.1 |
Corporate officer liability |
| 57-43.2-16.2 |
Governor and manager liability |
| 57-43.2-16.3 |
Lien of tax ‑ Collection ‑ Action authorized |
| 57-43.2-16.4 |
Liability of a general partner in a limited liability limited partnership |
| 57-43.2-17 |
Fraudulent return |
| 57-43.2-18 |
Distribution of tax |
| 57-43.2-19 |
Transfer, deposit, and distribution of funds |
| 57-43.2-20 |
Erroneously or illegally collected taxes |
| 57-43.2-21 |
Inventory gains ‑ Losses |
| 57-43.2-22 |
Administration ‑ Assistance authorized ‑ Rules |
| 57-43.2-23 |
Violations |
| 57-43.2-24 |
Penalties |
| 57-43.2-25 |
Liquefied petroleum gas dealers ‑ License ‑ Fee ‑ Permits ‑ Bond |
| 57-43.2-26 |
Levy of importer for use tax |
| 57-43.2-27 |
Computation |
| 57-43.2-28 |
Exemptions |
| 57-43.2-29 |
Importer for use license required |
| 57-43.2-30 |
Issuance and display |
| 57-43.2-31 |
Assignment forbidden |
| 57-43.2-32 |
Revocation, cancellation, and surrender of importer for use license |
| 57-43.2-33 |
Occasional trip permits |
| 57-43.2-34 |
Authorization of the commissioner |
| 57-43.2-35 |
Credit for North Dakota purchases ‑ Refunds |
| 57-43.2-35.1 |
Credit for taxes paid on worthless accounts and refunds |
| 57-43.2-36 |
Importer for use tax reports, payments, records, penalties, disposition of funds, audits, and assessments |
| 57-43.2-37 |
Cooperative special fuels agreements |
| 57-43.2-38 |
Special fuel tax for interstate motor carriers ‑ Computation ‑ Credits ‑ Refunds |
| 57-43.2-39 |
Interstate motor carrier required to obtain license ‑ Display ‑ Revocation or cancellation of license ‑ Occasional trip permits in lieu of license |
| 57-43.2-40 |
Interstate motor carrier tax reports ‑ Payments ‑ Audits ‑ Assessments |
| 57-43.2-41 |
Dyed special fuel ‑ Administrative fees ‑ Inspections ‑ Penalty - Consumer advisory |
Chapter 57-43.3 - Aviation Fuel Tax
| Section |
Section Name |
| 57-43.3-01 |
Definitions |
| 57-43.3-02 |
Tax imposed on aviation fuel |
| 57-43.3-03 |
Refund of tax |
| 57-43.3-03.1 |
Refund - Emergency medical services operation - Fire department |
| 57-43.3-04 |
Special excise tax levied |
| 57-43.3-05 |
Administration of tax |
| 57-43.3-06 |
Distribution of revenue |
| 57-43.3-07 |
Allocation of unclaimed refund revenue ‑ Appropriation |
| 57-43.3-08 |
Refiner, supplier, distributor, importer, exporter, and terminal operator required to secure license ‑ License fees |
| 57-43.3-09 |
Bond or letter of credit required |
| 57-43.3-10 |
Qualification for exporter license |
| 57-43.3-11 |
Qualification for importer license |
| 57-43.3-12 |
Application for license ‑ Issuance of license ‑ Denial of license |
| 57-43.3-13 |
Revocation of license ‑ Hearing to show cause ‑ Reinstatement |
| 57-43.3-14 |
Monthly report by refiner, supplier, distributor, importer, or exporter required |
| 57-43.3-15 |
Report by terminal operator required |
| 57-43.3-16 |
Common or contract carrier ‑ License required ‑ Records required ‑ Diverted loads ‑ Commissioner to audit records |
| 57-43.3-17 |
Credit for taxes paid on worthless accounts and refunds |
| 57-43.3-18 |
Commissioner to audit reports and assess tax |
| 57-43.3-19 |
Determination if no report filed |
| 57-43.3-20 |
Corporate officer liability |
| 57-43.3-21 |
Governor and manager liability |
| 57-43.3-21.1 |
Liability of a general partner in a limited liability limited partnership |
| 57-43.3-22 |
Lien of tax ‑ Collection ‑ Action authorized |
| 57-43.3-23 |
Penalty and interest ‑ Violations |
| 57-43.3-24 |
Tax collection allowance |
| 57-43.3-25 |
Retention of records ‑ Subject to inspection |
| 57-43.3-26 |
Inventory gains ‑ Losses |
| 57-43.3-27 |
Administration ‑ Assistants and investigations authorized ‑ Rules |
| 57-43.3-28 |
Erroneously or illegally collected taxes |
Chapter 57-44 - Relevy of Invalid Tax
Chapter 57-45 - Miscellaneous Provisions
| Section |
Section Name |
| 57-45-01 |
Taxes paid by occupant or tenant |
| 57-45-02 |
Taxes paid by mortgagees or others having liens |
| 57-45-03 |
Tax commissioner to furnish list of lands added to or taken from tax rolls |
| 57-45-04 |
Tax commissioner to collect taxes when other officer neglects |
| 57-45-05 |
Officer's refusal to perform duty ‑ Penalty |
| 57-45-06 |
Suits against officers defended at expense of county |
| 57-45-07 |
Debts of municipalities void if entailing taxation beyond the rate fixed by law |
| 57-45-08 |
Consolidated tax account |
| 57-45-09 |
Submission to county commissioners prerequisite to actions |
| 57-45-10 |
Tender of taxes |
| 57-45-11 |
Limitation of action against tax deed |
| 57-45-12 |
Procedure when taxes or tax lien foreclosures are declared invalid |
| 57-45-13 |
Supplemental proceedings to enforce collection of state taxes |
| 57-45-14 |
When tax may be held invalid |
| 57-45-15 |
Fraudulent tax receipts ‑ Penalty |
Chapter 57-46 - Tax Concessions Applicable to Persons in Armed Forces [Repealed and Omitted]
Chapter 57-47 - County Deficiency Levy
| Section |
Section Name |
| 57-47-01 |
Bank of North Dakota and banking associations may lend money to counties ‑ Levy of general tax in county |
| 57-47-02 |
County authorized to borrow ‑ Term ‑ Interest rate |
| 57-47-03 |
Application for loan ‑ Contents |
| 57-47-04 |
Funding for loan repayment ‑ Limitation |
| 57-47-05 |
County loan fund established |
Chapter 57-48 - State Highway Anticipation Certificates [Repealed]
Chapter 57-49 - Mineral Rights Privilege Tax [Repealed]
Chapter 57-50 - Refund Motor Fuel Tax [Repealed]
Chapter 57-51 - Oil and Gas Gross Production Tax
| Section |
Section Name |
| 57-51-01 |
Definitions |
| 57-51-02 |
Gross production tax ‑ Oil |
| 57-51-02.1 |
Type of tax |
| 57-51-02.2 |
Gross production tax ‑ Gas |
| 57-51-02.3 |
Valuation of oil ‑ Alternatives ‑ Exceptions |
| 57-51-02.4 |
Shallow gas ‑ Gross production tax exemption |
| 57-51-02.5 |
Exemption of gas for electrical generation at well site |
| 57-51-02.6 |
Temporary exemption for oil and gas wells employing a system to avoid flaring |
| 57-51-03 |
Gross production tax to be in lieu of other taxes |
| 57-51-04 |
Equipment used in production exempt from ad valorem tax |
| 57-51-05 |
Payment of tax on monthly basis ‑ When tax due ‑ When delinquent ‑ Payment by purchaser ‑ By producer ‑ How casinghead gas taxed ‑ Exemptions |
| 57-51-05.1 |
Reclamation of oil ‑ Refiner to pay tax ‑ Reports required |
| 57-51-06 |
Tax paid to commissioner ‑ Statements by person paying tax ‑ Statements by producer |
| 57-51-07 |
Powers of commissioner |
| 57-51-08 |
State board of equalization may adjust rate of gross production tax to equal the general ad valorem tax |
| 57-51-09 |
Commissioner shall compute tax on incorrect returns |
| 57-51-10 |
Proceedings and penalty on delinquency |
| 57-51-11 |
Lien for tax ‑ Preservation of lien ‑ Satisfaction of lien |
| 57-51-12 |
Delinquent taxes ‑ Sale of property |
| 57-51-13 |
False report deemed perjury |
| 57-51-14 |
Duties of commissioner and state treasurer |
| 57-51-15 |
Gross production tax allocation ‑ Report |
| 57-51-15.1 |
Energy impact fund |
| 57-51-16 |
Distribution of proceeds in certain cases |
| 57-51-17 |
Reports by carriers of oil and gas transported ‑ Reports of refiners ‑ Reports by persons purchasing or storing oil |
| 57-51-18 |
Payment where ownership is in dispute ‑ Assignment as security |
| 57-51-19 |
Claim for credit or refund |
| 57-51-19.1 |
Minimum refunds and collections |
| 57-51-20 |
Statements as to tax on settlements ‑ Acceptance of deductions |
| 57-51-21 |
Rules and regulations ‑ Bond ‑ Reports ‑ Actions |
| 57-51-22 |
Penalty |
| 57-51-23 |
Application of chapter |
Chapter 57-51.1 - Oil Extraction Tax
| Section |
Section Name |
| 57-51.1-01 |
Definitions for oil extraction tax (Effective through June 30, 2031) |
| 57-51.1-02 |
Imposition of oil extraction tax |
| 57-51.1-02.1 |
Temporary exemption for oil and gas wells employing a system to avoid flaring |
| 57-51.1-02.2 |
Temporary exemption ‑ Oil extraction tax credit for gas flaring mitigation |
| 57-51.1-03 |
Exemptions from oil extraction tax (Effective through June 30, 2031) |
| 57-51.1-03.1 |
Stripper well, new well, secondary or tertiary project, and restimulation well certification for tax exemption or rate reduction ‑ Filing requirement |
| 57-51.1-04 |
Authority of tax commissioner to accept production reports computed on a property basis |
| 57-51.1-05 |
Administration of oil extraction tax |
| 57-51.1-06 |
Oil extraction tax development fund established |
| 57-51.1-07 |
Allocation of moneys in oil extraction tax development fund |
| 57-51.1-07.1 |
Resources trust fund ‑ Procedure for review of applications for financial assistance for water‑related projects |
| 57-51.1-07.2 |
Permanent oil tax trust fund ‑ Deposits ‑ Interest ‑ Adjustment of distribution formula |
| 57-51.1-07.3 |
Oil and gas research fund ‑ Deposits ‑ Continuing appropriation |
| 57-51.1-07.4 |
Separate allocation of state share of collections from reservation development |
| 57-51.1-07.5 |
State share of oil and gas taxes ‑ Deposits |
| 57-51.1-07.6 |
Political subdivision allocation fund |
| 57-51.1-07.7 |
Municipal infrastructure fund ‑ Continuing appropriation ‑ State treasurer - Department of transportation ‑ Reports |
| 57-51.1-07.8 |
County and township infrastructure fund ‑ Continuing appropriation ‑ State treasurer - Department of transportation ‑ Reports |
| 57-51.1-07.9 |
State energy research center fund ‑ Continuing appropriation (Effective through June 30, 2033) |
| 57-51.1-07.10 |
Straddle well distribution |
| 57-51.1-08 |
Intent |
Chapter 57-51.2 - Tribal Oil and Gas Agreements
Chapter 57-52 - Special Fuels Tax Act [Repealed]
Chapter 57-53 - Special Fuels Tax Levy [Repealed]
Chapter 57-54 - Motor Vehicle Fuel Tax [Repealed]
Chapter 57-54.1 - Importers for Use Tax Act [Repealed]
Chapter 57-54.2 - Highway Contract Tax [Repealed]
Chapter 57-55 - Mobile Homes Taxes
| Section |
Section Name |
| 57-55-01 |
Definition |
| 57-55-01.1 |
Taxation and tax permits for mobile homes |
| 57-55-01.2 |
Statements of full consideration to be filed with application for title to mobile homes ‑ Sales ratio study ‑ Penalty |
| 57-55-02 |
Application for taxing ‑ Form ‑ Contents |
| 57-55-03 |
When taxes become due and delinquent ‑ Penalty |
| 57-55-04 |
Taxes ‑ How determined ‑ Disbursement |
| 57-55-04.1 |
Procedure for abatement, refund, or compromise of tax |
| 57-55-05 |
Taxes in lieu of other property taxes |
| 57-55-06 |
Tax permits ‑ Form |
| 57-55-07 |
Failure to apply for permit ‑ Illegal use of permit ‑ Penalty |
| 57-55-08 |
Duty of mobile home park operators and licensed mobile home dealers ‑ Penalty |
| 57-55-09 |
Rules and regulations |
| 57-55-10 |
Exemptions ‑ Exceptions |
| 57-55-11 |
Collection ‑ Enforcement ‑ Penalty |
| 57-55-12 |
Refunds |
Chapter 57-56 - Aviation Fuel Tax [Repealed]
Chapter 57-57 - Forest Stewardship
| Section |
Section Name |
| 57-57-01 |
Definitions |
| 57-57-02 |
Eligibility for forest stewardship tax ‑ Application |
| 57-57-03 |
Duties of the state forester |
| 57-57-04 |
Application and acceptance to constitute a contract |
| 57-57-05 |
Duty of local assessor |
| 57-57-06 |
Liability, rate, and collection of the tax ‑ Lieu tax |
| 57-57-07 |
Destructive practices prohibited ‑ Declassification ‑ Management and assistance of the state forester |
| 57-57-08 |
Report of the state forester ‑ Declassification orders |
| 57-57-09 |
Public hearing by petition ‑ Hearing board ‑ Presiding officer |
| 57-57-10 |
Procedural rules for hearing ‑ Decision ‑ Appeal |
| 57-57-11 |
Forest stewardship recognition |
Chapter 57-58 - Allocations to Counties and Political Subdivisions [Repealed]
Chapter 57-59 - Multistate Tax Compact
| Section |
Section Name |
| 57-59-01 |
Multistate tax compact |
| 57-59-02 |
Optional computation |
| 57-59-03 |
Membership of multistate tax commission |
| 57-59-04 |
Designation of an alternate |
| 57-59-05 |
Legal counsel |
| 57-59-06 |
Selection of representatives to meet with commission member |
| 57-59-07 |
Multistate tax compact advisory committee |
| 57-59-08 |
Interaudits |
Chapter 57-60 - Coal Conversion Facilities Privilege Tax
| Section |
Section Name |
| 57-60-01 |
Definitions As used in this chapter: |
| 57-60-02 |
Imposition of taxes (Effective through June 30, 2026) |
| 57-60-02.1 |
Carbon dioxide capture credit ‑ Reporting requirement (Effective through June 30, 2026) |
| 57-60-02.2 |
Coal conversion facility tax ‑ Exemption ‑ Lignite research tax ‑ Imposition (Effective through June 30, 2026) |
| 57-60-03 |
Measurement and recording of synthetic natural gas, byproducts, beneficiated coal, or electricity produced and carbon dioxide capture |
| 57-60-04 |
Payment of taxes for plants other than electrical generating plants ‑ When taxes due ‑ When delinquent |
| 57-60-05 |
Payment of taxes ‑ When taxes due ‑ When delinquent |
| 57-60-06 |
Property classified and exempted from ad valorem taxes ‑ In lieu of certain other taxes ‑ Credit for certain other taxes |
| 57-60-07 |
Powers of commissioner |
| 57-60-08 |
Commissioner to compute tax on incorrect or omitted reports |
| 57-60-09 |
Proceedings and penalty on delinquency |
| 57-60-10 |
Lien for tax |
| 57-60-10.1 |
Refund of overpayments |
| 57-60-11 |
Appeal from decision of commissioner |
| 57-60-12 |
Rules and regulations ‑ Bond |
| 57-60-13 |
Moneys to be deposited with state treasurer |
| 57-60-14 |
Allocation of revenue ‑ Continuing appropriation (Effective through June 30, 2026) |
| 57-60-15 |
Duty of state treasurer ‑ Allocation to political subdivisions |
| 57-60-16 |
Penalty |
Chapter 57-61 - Coal Severance Tax
| Section |
Section Name |
| 57-61-01 |
Severance tax upon coal ‑ Imposition ‑ In lieu of sales and use taxes ‑ Payment to the tax commissioner (Effective through June 30, 2031) |
| 57-61-01.1 |
Severance tax exemption for coal used for space heating purposes and by the state and political subdivisions |
| 57-61-01.2 |
When coal or commercial leonardite considered severed |
| 57-61-01.3 |
Severance tax reduction for coal mined for certain users |
| 57-61-01.4 |
Severance and sales and use tax exemptions for coal used in certain plants |
| 57-61-01.5 |
Separate and additional coal severance tax ‑ Lignite research, development, and marketing program ‑ Continuing appropriation ‑ Administration |
| 57-61-01.6 |
Lignite research fund ‑ Continuing appropriation |
| 57-61-01.7 |
Severance tax reduction for coal or commercial leonardite mined for out‑of‑state shipment |
| 57-61-01.8 |
Tax reduction for coal burned in small boilers |
| 57-61-01.9 |
Severance and sales and use tax exemptions for coal used in a coal processing facility that utilizes coal as a feedstock |
| 57-61-02 |
When tax due ‑ When delinquent |
| 57-61-03 |
Powers of state tax commissioner |
| 57-61-04 |
Tax commissioner to compute tax on incorrect or omitted returns |
| 57-61-05 |
Penalty on delinquency ‑ Failure to file returns |
| 57-61-06 |
Lien for tax |
| 57-61-06.1 |
Refund of overpayments |
| 57-61-07 |
Appeal from decision of tax commissioner |
| 57-61-08 |
Rules ‑ Bond |
| 57-61-09 |
Penalty |
| 57-61-10 |
Coal development fund established |
Chapter 57-62 - Impact Aid Program
| Section |
Section Name |
| 57-62-01 |
Definitions |
| 57-62-02 |
Allocation of moneys in coal development fund |
| 57-62-03 |
Loans ‑ Terms and conditions ‑ Repayment |
| 57-62-03.1 |
Oil and gas impact grant fund |
| 57-62-04 |
Energy infrastructure and impact office - Appointment of director |
| 57-62-05 |
Powers and duties of energy infrastructure and impact office director |
| 57-62-06 |
Legislative intent and guidelines on impact grants |
Chapter 57-63 - Provider Assessment for Intermediate Care
Chapter 57-64 - Mill Levy Reduction Allocations and Grants [Repealed]
Chapter 57-65 - Potash Taxes
| Section |
Section Name |
| 57-65-01 |
Definitions |
| 57-65-02 |
Imposition of tax on potash |
| 57-65-03 |
Imposition of tax on byproducts of potash production |
| 57-65-04 |
Type of tax |
| 57-65-05 |
Potash and byproducts tax to be in lieu of other taxes |
| 57-65-06 |
Duties of tax commissioner and state treasurer |
| 57-65-07 |
Allocation of revenue |
| 57-65-08 |
Returns and payment of tax on monthly basis ‑ Due date ‑ When delinquent ‑ Extensions |
| 57-65-09 |
Tax commissioner to audit returns and correct tax |
| 57-65-10 |
Interest and penalties |
| 57-65-11 |
Refund claims |
| 57-65-12 |
Minimum refunds and collections |
| 57-65-13 |
Protest and appeal |
| 57-65-14 |
Lien for tax - Preservation of lien ‑ Satisfaction of lien |
| 57-65-15 |
Delinquent taxes - Sale of property |
| 57-65-16 |
Bond - Reports - Actions |
| 57-65-17 |
Penalty |
| 57-65-18 |
Powers of tax commissioner |
| 57-65-19 |
Rules - Legislative intent |
Title 58 - Townships
Chapter 58-01 - General Provisions
| Section |
Section Name |
| 58-01-01 |
Township defined |
| 58-01-01.1 |
Freeholder defined |
| 58-01-02 |
Territory in city not subject to provisions of title |
| 58-01-03 |
Conveyance to township ‑ If for benefit of inhabitant need not be in township name |
| 58-01-04 |
Presumption of regular enactment, adoption, or amendment of bylaws, resolutions, or regulations |
Chapter 58-02 - Creation, Consolidation, Division, and Dissolution
| Section |
Section Name |
| 58-02-01 |
Organization of township ‑ Petition ‑ Election |
| 58-02-02 |
Commissioners report to county auditor |
| 58-02-03 |
Name of township |
| 58-02-04 |
County auditor transmits name and report to state auditor |
| 58-02-05 |
Duty of state auditor when similar names are adopted by different townships |
| 58-02-06 |
First township meeting |
| 58-02-07 |
Changing boundary lines of township |
| 58-02-08 |
Fractional township ‑ Annexing to another township |
| 58-02-09 |
Annexing parts of township divided by river from rest of township |
| 58-02-10 |
Division of township in which there are two or more cities |
| 58-02-11 |
Uniting congressional townships into civil townships |
| 58-02-12 |
Notice to board of supervisors when change is made in township boundaries |
| 58-02-13 |
Obligation to pay taxes assessed or indebtedness incurred prior to township alteration continues |
| 58-02-14 |
Consolidating townships ‑ Majority of supervisors and clerks of townships affected determine amount due |
| 58-02-15 |
Determination of assets and liabilities of territory detached from one civil township and attached to another |
| 58-02-16 |
Determination of net assets of township to which territory is annexed and of annexed territory |
| 58-02-17 |
Determination of pro rata amount due from annexed territory |
| 58-02-18 |
Tax levies against territory annexed |
| 58-02-19 |
Division of organized township ‑ Requirements |
| 58-02-20 |
Division made on congressional township lines |
| 58-02-21 |
Petition for and notice of application for division ‑ Publication |
| 58-02-22 |
Board of county commissioners may establish new township |
| 58-02-23 |
Division of assets and liabilities of the original township |
| 58-02-24 |
Obligations of original township enforced |
| 58-02-25 |
Dissolution of township ‑ Petition ‑ When considered by supervisors or board of county commissioners ‑ Hearing |
| 58-02-26 |
Question of dissolution submitted at annual meeting ‑ Notice |
| 58-02-27 |
Vote on question of dissolution ‑ Form of ballot ‑ Result |
| 58-02-28 |
When township dissolved ‑ Disposition of property and records |
| 58-02-29 |
Personal rights not affected by township dissolution |
| 58-02-30 |
Township attached to other assessment district - Levy for payment of township debts |
| 58-02-31 |
Duty of county auditor on dissolution |
| 58-02-32 |
Proof of signatures on petition |
Chapter 58-03 - Powers of Township and of Electors of the Township
| Section |
Section Name |
| 58-03-01 |
Powers of township |
| 58-03-02 |
Powers of township limited |
| 58-03-03 |
Acts of township to be in corporate name |
| 58-03-04 |
Townships provide for confinement of prisoners |
| 58-03-05 |
Notice to be given that township is providing jail |
| 58-03-06 |
Township charges and levies |
| 58-03-07 |
Powers of electors |
| 58-03-08 |
Establishment of public library and reading room |
| 58-03-09 |
Township electors shall designate public places for posting notices |
| 58-03-10 |
Township bylaws ‑ Clerk must publish and record ‑ On whom binding |
| 58-03-11 |
Establishment of zoning districts ‑ Uniformity |
| 58-03-11.1 |
Farming and ranching regulations ‑ Requirements ‑ Limitations ‑ Definitions (Effective through July 31, 2026) |
| 58-03-12 |
Basis for township zoning regulations and restrictions |
| 58-03-13 |
Township zoning commissions ‑ Membership ‑ Reports and recommendations ‑ District boundaries ‑ Hearings ‑ Notice |
| 58-03-14 |
Violation of zoning regulations and restrictions ‑ Remedies ‑ Penalties |
| 58-03-14.1 |
Zoning ‑ Nonconforming structure |
| 58-03-15 |
Appeals |
| 58-03-15.1 |
Highways ‑ Roads |
| 58-03-16 |
Real property transfers |
| 58-03-17 |
Regulation of animal feeding operations ‑ Central repository |
| 58-03-18 |
Limitation on authority ‑ Seed |
| 58-03-19 |
Building permit ‑ Decision within sixty days of application |
| 58-03-20 |
Onsite inspections ‑ Exempt meeting |
| 58-03-21 |
When a township may maintain or vacate streets in a dissolved city |
Chapter 58-04 - Township Meetings and Elections
| Section |
Section Name |
| 58-04-01 |
Annual township meeting ‑ When held ‑ Change in meeting place ‑ Notice |
| 58-04-02 |
Special meetings ‑ When held |
| 58-04-02.1 |
Expansion of membership of the board of township supervisors |
| 58-04-02.2 |
Removal of township officers - Special meeting |
| 58-04-03 |
Clerk to give notice of special meeting |
| 58-04-04 |
What notice of special meeting must specify ‑ Business transacted at meeting limited |
| 58-04-05 |
Organization of annual or special meetings |
| 58-04-06 |
Duty of moderator ‑ Reconsideration of vote ‑ Majority vote required |
| 58-04-07 |
Proclamation of opening and closing polls |
| 58-04-08 |
Who are voters at township meetings |
| 58-04-09 |
Challenge to voter ‑ Duty of judges |
| 58-04-10 |
Officers to be elected by ballot |
| 58-04-11 |
Names of all candidates to be on one ballot |
| 58-04-12 |
Judges to deposit ballots |
| 58-04-13 |
Poll list kept by clerk |
| 58-04-14 |
Judges to canvass the votes ‑ Manner of canvassing ‑ Declaration of election |
| 58-04-15 |
Tie vote ‑ How determined |
| 58-04-16 |
Result of canvass to be announced ‑ Notice to voters |
| 58-04-17 |
Minutes to be filed |
| 58-04-18 |
Township clerk to notify officers elected |
| 58-04-19 |
Special meeting when officers not elected at annual meeting |
| 58-04-20 |
When board of county commissioners may designate township officers ‑ Powers and duties of appointed officers |
Chapter 58-05 - Township Officers Generally
| Section |
Section Name |
| 58-05-01 |
Voter is eligible to office |
| 58-05-02 |
Officers of a township ‑ Terms of office |
| 58-05-03 |
When term of office begins |
| 58-05-03.1 |
Elected assessor ‑ Commencement of term of office |
| 58-05-04 |
Election of supervisors and other officers in newly organized townships |
| 58-05-05 |
Bonds of officers |
| 58-05-06 |
Bonds of township officers ‑ Premiums |
| 58-05-07 |
Officers to take oath |
| 58-05-08 |
Certificate of oath to be filed |
| 58-05-09 |
Penalty for neglect to take oath |
| 58-05-10 |
Neglect to qualify deemed refusal to serve |
| 58-05-11 |
Poundmaster to file acceptance ‑ Neglect deemed refusal to serve |
| 58-05-12 |
Officers interested in contracts of township |
| 58-05-13 |
Records to be delivered |
| 58-05-14 |
Successor to demand records in case of death |
| 58-05-15 |
Board may accept resignations |
| 58-05-16 |
Vacancies ‑ How filled ‑ Term of office ‑ Powers of person appointed |
| 58-05-17 |
Vacancies in appointing board |
| 58-05-18 |
When county auditor to appoint township assessor |
Chapter 58-05.1 - Multitownship Officers
Chapter 58-06 - Board of Township Supervisors
| Section |
Section Name |
| 58-06-01 |
General powers and duties of board of township supervisors |
| 58-06-02 |
Compensation of supervisors |
| 58-06-03 |
Regular meetings of board of township supervisors ‑ When held |
| 58-06-04 |
May hold adjourned and special meetings |
| 58-06-05 |
Where meetings of board of supervisors held |
| 58-06-06 |
Quorum of the board |
| 58-06-07 |
Board of township supervisors to elect chairman |
| 58-06-08 |
Approve bonds of township officers |
| 58-06-09 |
Audit accounts |
| 58-06-10 |
Business with board ‑ When to appear |
| 58-06-11 |
Floodplain management ordinances ‑ Requirements ‑ Limitations ‑ Definitions ‑ Enforcement |
Chapter 58-07 - Township Clerk
| Section |
Section Name |
| 58-07-01 |
Compensation of clerk |
| 58-07-02 |
Clerk may appoint deputy ‑ Deputy to take oath |
| 58-07-03 |
Duties of township clerk |
| 58-07-04 |
Penalty for neglect |
| 58-07-05 |
Destruction of township records |
Chapter 58-08 - Township Treasurer
| Section |
Section Name |
| 58-08-01 |
Compensation of treasurer |
| 58-08-02 |
Duties of treasurer ‑ Form of warrant ‑ Disbursement of funds |
| 58-08-03 |
Treasurer to draw moneys from the county |
| 58-08-04 |
Treasurer to keep account of receipts and disbursements ‑ Deliver books, property, and moneys to successor |
| 58-08-05 |
Treasurer to make annual statement ‑ Contents ‑ Where filed |
| 58-08-06 |
Penalty for neglect of duty ‑ Action to recover forfeiture |
| 58-08-07 |
Warrant record ‑ Endorsement of warrants not paid |
| 58-08-08 |
Township moneys to be deposited in township name ‑ Penalty |
Chapter 58-09 - Assessors
| Section |
Section Name |
| 58-09-01 |
Assessor must be voter and owner of real estate |
| 58-09-02 |
Compensation of assessor |
| 58-09-03 |
Assessors ‑ How governed |
Chapter 58-10 - Constables [Repealed and by Omission]
Chapter 58-11 - Township Board of Auditors
| Section |
Section Name |
| 58-11-01 |
Township board of auditors ‑ Members ‑ Duties |
| 58-11-02 |
Meetings of board of auditors ‑ When held ‑ Duties |
| 58-11-03 |
Auditing accounts of treasurer and other township officers |
| 58-11-04 |
Board to report accounts audited and allowed and budget for ensuing year |
| 58-11-05 |
Report to be read at township meeting ‑ Reference to committee |
| 58-11-06 |
Treasurer shall pay all orders |
Chapter 58-12 - Township Overseer of Highways
| Section |
Section Name |
| 58-12-01 |
Township overseer of highways ‑ Appointment |
| 58-12-02 |
Compensation of overseer |
| 58-12-03 |
Duties of the overseer |
| 58-12-04 |
Assistant overseers of highways |
| 58-12-05 |
Township overseer of highways ex officio deputy county superintendent of highways |
| 58-12-06 |
Overseer prohibited from taking contract work ‑ Penalty |
| 58-12-07 |
Penalty for neglect to perform duties |
Chapter 58-13 - Pounds and Poundmasters
| Section |
Section Name |
| 58-13-01 |
Poundmaster to have direction of pound |
| 58-13-02 |
Fees of poundmaster |
| 58-13-03 |
Poundmaster ‑ Lien for charges and expenses |
| 58-13-04 |
Notice of impoundment ‑ Foreclosure of lien |
| 58-13-05 |
Humane treatment of animals ‑ Poundmaster may destroy worthless animals |
| 58-13-06 |
Disposition of proceeds of sale |
| 58-13-07 |
Pounds may be established in unorganized or dissolved townships |
| 58-13-08 |
Immunity from liability |
| 58-13-09 |
Estray ‑ Notification of North Dakota stockmen's association |
Chapter 58-14 - Suits by and Against Townships
| Section |
Section Name |
| 58-14-01 |
Action by or against township ‑ Procedure ‑ Effect and judgment |
| 58-14-02 |
Township to sue and be sued in its name |
| 58-14-03 |
Supervisors of township to provide for defense |
| 58-14-04 |
Action on behalf of township cannot be brought before township justice |
| 58-14-05 |
Recovery in cases of trespass |
| 58-14-06 |
Payment of judgment against township |
| 58-14-07 |
When judgment against township is not satisfied supervisors to make levy |
| 58-14-08 |
When execution may issue on judgment against township |
Chapter 58-15 - Police in Unincorporated Townsite [Repealed]
Chapter 58-16 - Sidewalks and Streetlights in Unincorporated Townsite
| Section |
Section Name |
| 58-16-01 |
Petition for construction of sidewalks or installation of streetlights in unincorporated townsites ‑ Contents ‑ Ordering construction or installation |
| 58-16-02 |
Notice to owner to construct sidewalk ‑ Failure to construct |
| 58-16-03 |
Assessment and levy upon property ‑ Form |
| 58-16-04 |
Petition for repair or reconstruction of a sidewalk or streetlights ‑ Procedure followed |
| 58-16-05 |
Township supervisors to prescribe material for construction or repair of sidewalks or streetlights and the type of light fixture to be used |
Chapter 58-17 - Township Parks
| Section |
Section Name |
| 58-17-01 |
Townships ‑ Authority to acquire, operate, and regulate parks |
| 58-17-02 |
Townships ‑ Parks ‑ Funding for park purposes |
| 58-17-03 |
Townships ‑ Parks ‑ Tax levy may be certified by board of supervisors |
Chapter 58-18 - Special Assessments by Township
| Section |
Section Name |
| 58-18-01 |
Power of townships to defray expenses of improvements by special assessment |
| 58-18-02 |
Improvement districts to be created |
| 58-18-03 |
Size and form of improvement districts |
| 58-18-04 |
Approval of plans, specifications, and cost estimates ‑ Special meeting |
| 58-18-05 |
Election for proceeding |
| 58-18-06 |
Election approval of project ‑ Assessment levy |
| 58-18-07 |
Appeal notice ‑ Special meeting ‑ Assessment determination ‑ Limitations |
| 58-18-08 |
Financing of special improvements - Procedure |
Title 59 - Trusts, Uses, and Powers
Chapter 59-01 - General Provisions [Repealed]
Chapter 59-02 - Trusts for the Benefit of Third Persons [Repealed]
Chapter 59-03 - Trusts Relating to Realty [Repealed]
Chapter 59-04 - Administration of Trusts [Repealed]
Chapter 59-04.1 - Uniform Principal and Income Act [Repealed]
Chapter 59-04.2 - Uniform Principal and Income Act (1997)
| Section |
Section Name |
| 59-04.2-01 |
(102) Definitions |
| 59-04.2-02 |
(103) Fiduciary duties ‑ General principles |
| 59-04.2-03 |
(104) Trustee's power to adjust |
| 59-04.2-03.1 |
Judicial control of discretionary power |
| 59-04.2-04 |
(201) Determination and distribution of net income |
| 59-04.2-05 |
(202) Distribution to residuary and remainder beneficiaries |
| 59-04.2-06 |
(301) When right to income begins and ends |
| 59-04.2-07 |
(302) Apportionment of receipts and disbursements when decedent dies or income interest begins |
| 59-04.2-08 |
(303) Apportionment when income interest ends |
| 59-04.2-09 |
(401) Character of receipts |
| 59-04.2-10 |
(402) Distribution from trust or estate |
| 59-04.2-11 |
(403) Business and other activities conducted by trustee |
| 59-04.2-12 |
(404) Principal receipts |
| 59-04.2-13 |
(405) Rental property |
| 59-04.2-14 |
(406) Obligation to pay money |
| 59-04.2-15 |
(407) Insurance policies and similar contracts |
| 59-04.2-16 |
(408) Insubstantial allocations not required |
| 59-04.2-17 |
(409) Deferred compensation, annuities, and similar payments |
| 59-04.2-18 |
(410) Liquidating asset |
| 59-04.2-19 |
(411) Minerals, water, and other natural resources |
| 59-04.2-20 |
(412) Timber |
| 59-04.2-21 |
(413) Property not productive of income |
| 59-04.2-22 |
(414) Derivatives and options |
| 59-04.2-23 |
(415) Asset‑backed securities |
| 59-04.2-24 |
(501) Disbursements from income |
| 59-04.2-25 |
(502) Disbursements from principal |
| 59-04.2-26 |
(503) Transfers from income to principal for depreciation |
| 59-04.2-27 |
(504) Transfers from income to reimburse principal |
| 59-04.2-28 |
(505) Income taxes |
| 59-04.2-29 |
(506) Adjustments between principal and income because of taxes |
| 59-04.2-30 |
Certain charitable remainder unitrusts |
Chapter 59-05 - Powers in Relation to Real Property [Repealed]
Chapter 59-06 - Uniform Trust Receipts Act [Repealed]
Chapter 59-07 - Powers of Attorney [Repealed]
Chapter 59-08 - Trusts for Individuals With Disabilities
| Section |
Section Name |
| 59-08-01 |
Definitions |
| 59-08-02 |
Third‑party special needs trusts under state law |
| 59-08-03 |
Self‑settled special needs trusts |
| 59-08-04 |
Interpretation or enforcement ‑ Reformation ‑ Unenforceable trust provisions |
| 59-08-05 |
Conflicts with other chapters |
Chapter 59-09 - General Provisions and Definitions
Chapter 59-10 - Judicial Proceedings
| Section |
Section Name |
| 59-10-01 |
(201) Role of court in administration of trust |
| 59-10-02 |
(202) Jurisdiction over trustee and beneficiary |
| 59-10-03 |
Reserved |
| 59-10-04 |
(204) Venue |
Chapter 59-10.1 - Action to Determine Validity of Trust
Chapter 59-11 - Representation
| Section |
Section Name |
| 59-11-01 |
(301) Representation ‑ Basic effect |
| 59-11-02 |
(302) Representation by holder of general power of appointment |
| 59-11-03 |
(303) Representation by fiduciaries and parents |
| 59-11-04 |
(304) Representation by person having substantially identical interest |
| 59-11-05 |
(305) Appointment of representative |
Chapter 59-12 - Creation, Validity, Modification, and Termination of Trust
| Section |
Section Name |
| 59-12-01 |
(401) Methods of creating trust |
| 59-12-02 |
(402) Requirements for creation |
| 59-12-03 |
(403) Trusts created in other jurisdictions |
| 59-12-04 |
(404) Trust purposes |
| 59-12-05 |
(405) Charitable purposes ‑ Enforcement |
| 59-12-06 |
(406) Creation of trust induced by fraud, duress, or undue influence |
| 59-12-07 |
(407) Evidence of oral trust |
| 59-12-08 |
(408) Trust for care of animal |
| 59-12-09 |
(409) Noncharitable trust without ascertainable beneficiary |
| 59-12-10 |
(410) Modification or termination of trust ‑ Proceedings for approval or disapproval |
| 59-12-11 |
(411) Modification or termination of noncharitable irrevocable trust by consent |
| 59-12-12 |
(412) Modification or termination because of unanticipated circumstances or inability to administer trust effectively |
| 59-12-13 |
(413) Cy pres |
| 59-12-14 |
(414) Modification or termination of uneconomic trust |
| 59-12-15 |
(415) Reformation to correct mistakes |
| 59-12-16 |
(416) Modification to achieve settlor's tax objectives |
| 59-12-17 |
(417) Combination and division of trusts |
| 59-12-18 |
Requisites of trust relating to real property |
Chapter 59-13 - Creditor's Claims - Spendthrift and Discretionary Trusts
| Section |
Section Name |
| 59-13-01 |
(501) Rights of beneficiary's creditor or assignee |
| 59-13-02 |
(502) Spendthrift provision |
| 59-13-03 |
(503) Exceptions to spendthrift provision |
| 59-13-04 |
(504) Discretionary trusts ‑ Effect of standard |
| 59-13-05 |
(505) Creditor's claim against settlor |
| 59-13-06 |
(506) Overdue distribution |
| 59-13-07 |
(507) Personal obligations of trustee |
Chapter 59-14 - Revocable Trusts
| Section |
Section Name |
| 59-14-01 |
(601) Capacity of settlor of revocable trust |
| 59-14-02 |
(602) Revocation or amendment of revocable trust |
| 59-14-03 |
(603) Settlor's powers ‑ Powers of withdrawal |
| 59-14-04 |
(604) Limitation on action contesting validity of revocable trust ‑ Distribution of trust property |
| 59-14-05 |
Settlor's powers to direct |
Chapter 59-15 - Office of Trustee
| Section |
Section Name |
| 59-15-01 |
(701) Accepting or declining trusteeship |
| 59-15-02 |
(702) Trustee's bond |
| 59-15-03 |
(703) Cotrustees |
| 59-15-04 |
(704) Vacancy in trusteeship ‑ Appointment of successor |
| 59-15-05 |
(705) Resignation of trustee |
| 59-15-06 |
(706) Removal of trustee |
| 59-15-07 |
(707) Delivery of property by former trustee |
| 59-15-08 |
(708) Compensation of trustee |
| 59-15-09 |
(709) Reimbursement of expenses |
Chapter 59-16 - Duties and Powers of Trustee
| Section |
Section Name |
| 59-16-01 |
(801) Duty to administer trust |
| 59-16-02 |
(802) Duty of loyalty |
| 59-16-03 |
(803) Impartiality |
| 59-16-04 |
(804) Prudent administration |
| 59-16-05 |
(805) Costs of administration |
| 59-16-06 |
(806) Trustee's skills |
| 59-16-07 |
(807) Delegation by trustee |
| 59-16-08 |
(808) Powers to direct |
| 59-16-09 |
(809) Control and protection of trust property |
| 59-16-10 |
(810) Recordkeeping and identification of trust property |
| 59-16-11 |
(811) Enforcement and defense of claims |
| 59-16-12 |
(812) Collecting trust property |
| 59-16-13 |
(813) Duty to inform and report |
| 59-16-14 |
(814) Discretionary powers ‑ Tax savings |
| 59-16-15 |
(815) General powers of trustee |
| 59-16-16 |
(816) Specific powers of trustee |
| 59-16-17 |
(817) Distribution upon termination |
Chapter 59-16.1 - Trust Decanting
Chapter 59-16.2 - Directed Trustees
| Section |
Section Name |
| 59-16.2-01 |
Consistency with power of attorney provisions |
| 59-16.2-02 |
Definitions |
| 59-16.2-03 |
Designation and powers of investment trust advisor |
| 59-16.2-04 |
Designation and powers of distribution trust advisor |
| 59-16.2-05 |
Designation and powers of trust protector |
| 59-16.2-06 |
Duty and liability of directing party |
| 59-16.2-07 |
Duty and liability of excluded fiduciary |
| 59-16.2-08 |
Application |
Chapter 59-16.3 - Total Return Unitrusts
| Section |
Section Name |
| 59-16.3-01 |
Definitions |
| 59-16.3-02 |
Trustee's authority to convert income trust ‑ Conditions |
| 59-16.3-03 |
Interested trustee's authority over actions enumerated in chapter 59‑16.3 |
| 59-16.3-04 |
Trustee may petition court ‑ Appointment of disinterested person |
| 59-16.3-05 |
Annual valuation of trust required |
| 59-16.3-06 |
Calculation of unitrust amount |
| 59-16.3-07 |
Unitrust amount as net income |
| 59-16.3-08 |
Administration of total return unitrust authority ‑ Authority of trustee |
| 59-16.3-09 |
Distributions of principal not affected by conversion |
| 59-16.3-10 |
Spouse may compel reconversion to income trust for certain trusts ‑ Written instrument required |
| 59-16.3-11 |
Applicability of chapter |
| 59-16.3-12 |
Trustee acting in good faith not liable ‑ Remedy |
| 59-16.3-13 |
No duty to act created |
| 59-16.3-14 |
Chapter not applicable to charitable remainder unitrust |
Chapter 59-17 - Prudent Investor Standards
| Section |
Section Name |
| 59-17-01 |
Prudent investor rule |
| 59-17-02 |
Standard of care ‑ Portfolio strategy ‑ Risk and return objectives |
| 59-17-03 |
Diversification |
| 59-17-04 |
Duties at inception of trusteeship |
| 59-17-05 |
Reviewing compliance |
| 59-17-06 |
Language invoking standard |
Chapter 59-18 - Trustee Liability and Dealings
| Section |
Section Name |
| 59-18-01 |
(1001) Remedies for breach of trust |
| 59-18-01.1 |
Presumption against trustee |
| 59-18-02 |
(1002) Damages for breach of trust |
| 59-18-03 |
(1003) Damages in absence of breach |
| 59-18-04 |
Reserved |
| 59-18-05 |
(1005) Limitation of action against trustee |
| 59-18-06 |
(1006) Reliance on trust instrument |
| 59-18-07 |
(1007) Event affecting administration or distribution |
| 59-18-08 |
(1008) Exculpation of trustee |
| 59-18-09 |
(1009) Beneficiary's consent, release, or ratification |
| 59-18-10 |
(1010) Limitation on personal liability of trustee |
| 59-18-11 |
(1011) Interest as general partner |
| 59-18-12 |
(1012) Protection of person dealing with trustee |
| 59-18-13 |
(1013) Certification of trust |
Chapter 59-19 - Application and Electronic Records and Signatures
| Section |
Section Name |
| 59-19-01 |
(1102) Electronic records and signatures |
| 59-19-02 |
(1106) Application to existing relationships |
Chapter 59-20 - Foundations and Charitable and Split-Interest Trusts
| Section |
Section Name |
| 59-20-01 |
Private foundations ‑ Charitable trusts ‑ Split‑interest trusts |
Chapter 59-21 - Uniform Prudent Management of Institutional Funds Act
| Section |
Section Name |
| 59-21-01 |
Definitions |
| 59-21-02 |
Standard of conduct in managing and investing institutional fund |
| 59-21-03 |
Appropriation for expenditure or accumulation of endowment fund ‑ Rules of construction |
| 59-21-04 |
Management and investment functions ‑ Delegation |
| 59-21-05 |
Release or modification of restrictions on management, investment, or purpose |
| 59-21-06 |
Compliance ‑ Determination |
| 59-21-07 |
Application to existing institutional funds |
| 59-21-08 |
Relation to Electronic Signatures in Global and National Commerce Act |
Chapter 59-22 - Uniform Electronic Estate Planning Documents Act
| Section |
Section Name |
| 59-22-01 |
(102) Definitions |
| 59-22-02 |
(103) Construction |
| 59-22-03 |
(201) Scope |
| 59-22-04 |
(202) Principles of law and equity |
| 59-22-05 |
(203) Use of electronic record or signature not required |
| 59-22-06 |
(204) Recognition of electronic nontestamentary estate planning document and electronic signature |
| 59-22-07 |
(205) Attribution and effect of electronic record and electronic signature |
| 59-22-08 |
(206) Notarization and acknowledgment |
| 59-22-09 |
(207) Witnessing and attestation |
| 59-22-10 |
(208) Retention of electronic record ‑ Original |
| 59-22-11 |
(209) Certification of paper copy |
| 59-22-12 |
(210) Admissibility in evidence |
| 59-22-13 |
(401) Uniformity of application and construction |
| 59-22-14 |
(402) Relation to Electronic Signatures in Global and National Commerce Act |
Title 60 - Warehousing and Deposits
Chapter 60-01 - Deposits - General Provisions
| Section |
Section Name |
| 60-01-01 |
Deposit ‑ Classification |
| 60-01-01.1 |
Definition |
| 60-01-02 |
Voluntary deposit ‑ Depositor ‑ Depositary ‑ Definitions |
| 60-01-03 |
Involuntary deposits ‑ Definition ‑ Obligation of depositary |
| 60-01-04 |
Deposit for safekeeping ‑ Definition |
| 60-01-05 |
Deposit for exchange ‑ Definition |
| 60-01-06 |
Gratuitous deposit ‑ Definition |
| 60-01-07 |
Involuntary deposit ‑ Gratuitous |
| 60-01-08 |
Care required by gratuitous depositary |
| 60-01-09 |
Duties of gratuitous depositary ‑ Termination of duties |
| 60-01-10 |
Storage ‑ Definition ‑ Depositary for hire ‑ Definition |
| 60-01-11 |
Depositary for hire must use ordinary care |
| 60-01-12 |
Depositary for hire ‑ Right to compensation |
| 60-01-13 |
Delivery on demand ‑ Exceptions |
| 60-01-14 |
Demand ‑ Prerequisite to delivery |
| 60-01-15 |
Place of delivery |
| 60-01-16 |
Prompt notice of adverse claims ‑ Given by depositary |
| 60-01-17 |
Notice of wrongful detention |
| 60-01-18 |
Delivery to disagreeing owners by depositary |
| 60-01-19 |
Indemnity to depositary for damages |
| 60-01-20 |
Care of animals by depositary |
| 60-01-21 |
Deposit ‑ Permission to use |
| 60-01-22 |
Damages for wrongful use of deposit |
| 60-01-23 |
Sale of deposit by depositary ‑ When permissible |
| 60-01-24 |
Presumption of willfulness or gross negligence |
| 60-01-25 |
Measure of liability of depositary for negligence |
| 60-01-26 |
When deposit may be terminated |
| 60-01-27 |
Termination of deposit by payment for full time |
| 60-01-28 |
Sale of unclaimed and perishable property |
| 60-01-29 |
Hotelkeeper's liability for loss or injury to guest's property |
| 60-01-30 |
Special arrangement between hotelkeeper and guest |
| 60-01-31 |
Duties of guest and hotelkeeper |
| 60-01-32 |
Character of liability ‑ Limitations |
| 60-01-33 |
Baggage left at hotel or forwarded to hotel ‑ Liability of hotelkeeper |
| 60-01-34 |
Finder ‑ Depositary for hire ‑ Assumption of ownership by finder |
| 60-01-35 |
Finder must notify owner |
| 60-01-36 |
Finder may require proof of ownership |
| 60-01-37 |
Compensation and reward to finder |
| 60-01-38 |
Storing releases finder from liability |
| 60-01-39 |
When finder may sell |
| 60-01-40 |
Manner of sale |
| 60-01-41 |
Claim against owner exonerated by surrender to finder |
| 60-01-42 |
Things abandoned by owner |
| 60-01-43 |
Deposit for exchange ‑ Transfer of title |
Chapter 60-02 - Grain and Seed Warehouses [Repealed]
Chapter 60-02.1 - Grain Buyers [Repealed]
Chapter 60-03 - Hay Buyers [Repealed]
Chapter 60-04 - Insolvent Grain Warehousemen [Repealed]
Chapter 60-05 - Uniform Accounting for Public Elevators and Warehouses [Repealed]
Chapter 60-06 - Public Warehouses on Railroad Right of Way
| Section |
Section Name |
| 60-06-01 |
Who may make application for warehouse or elevator on railroad right of way |
| 60-06-02 |
Public warehouse on railroad right of way ‑ Application ‑ Contents |
| 60-06-03 |
When applicant is entitled to erect public warehouse |
| 60-06-04 |
Compensation for right, privilege, and easement ‑ Notice to applicant |
| 60-06-05 |
Sidetracks to be provided |
| 60-06-06 |
Penalty for violation of applicant's rights |
| 60-06-06.1 |
Determination ‑ Expenses |
| 60-06-07 |
Procedure in district court by applicant |
| 60-06-08 |
Procedure on trial |
| 60-06-09 |
Election of gross sum or annual rental |
| 60-06-10 |
Judgment ‑ What it shall contain |
| 60-06-11 |
Forfeiture of right, privilege, and easement by applicant |
| 60-06-12 |
Appeal from judgment |
| 60-06-13 |
Costs and disbursements of actions |
| 60-06-14 |
Erection of warehouses after judgment |
| 60-06-15 |
Application to existing leaseholds |
Chapter 60-07 - Storage Companies [Repealed]
Chapter 60-08 - Warehouse Receipts [Repealed]
Chapter 60-09 - Grain Elevator Grain Weighing [Repealed]
Chapter 60-10 - Credit-Sale Contract Indemnity [Repealed]
Title 61 - Waters
Chapter 61-01 - General Provisions
| Section |
Section Name |
| 61-01-01 |
Waters of the state ‑ Public waters |
| 61-01-01.1 |
Reciprocal rights of riparian owners |
| 61-01-01.2 |
Findings and declaration of policy ‑ Use of ground water for irrigation |
| 61-01-02 |
Right to use water ‑ Basis ‑ Waters appropriated for irrigation purposes ‑ Priority in time |
| 61-01-03 |
Claims to the use of water initiated prior to and after March 1, 1905 |
| 61-01-04 |
Eminent domain ‑ Who may exercise |
| 61-01-05 |
Reclaiming waters turned into natural or artificial watercourse |
| 61-01-06 |
Watercourse and waterway ‑ Definitions |
| 61-01-07 |
Obstruction of watercourses ‑ Penalty |
| 61-01-08 |
Obstructing navigation ‑ Penalty |
| 61-01-09 |
Destruction of dams ‑ Penalty |
| 61-01-10 |
Interference with piers or booms ‑ Penalty |
| 61-01-11 |
Removing or injuring piles ‑ Penalty |
| 61-01-12 |
Fouling waters with gas tar or other refuse ‑ Penalty |
| 61-01-13 |
Fouling public waters with dead animals or other refuse ‑ Penalty |
| 61-01-14 |
Fouling public water ‑ What included |
| 61-01-15 |
Riparian owners of land lying adjacent to non-navigable streams |
| 61-01-16 |
Erection of guards when cutting ice ‑ Penalty for failure to do so |
| 61-01-17 |
Lawful to boom logs in navigable rivers |
| 61-01-18 |
State or municipalities may join water users' associations ‑ Fee for recording articles by recorder |
| 61-01-19 |
Right of way granted |
| 61-01-20 |
When special assessments shall become a lien |
| 61-01-21 |
Foreclosure of property when only special assessment is delinquent |
| 61-01-22 |
Permit to drain waters required ‑ Penalty |
| 61-01-23 |
Investigation or removal of obstructions in channel |
| 61-01-24 |
Mouse official name of river |
| 61-01-25 |
Penalty |
| 61-01-26 |
Declaration of state water resources policy |
| 61-01-26.1 |
Findings and declaration of policy ‑ Water to eastern North Dakota a critical priority ‑ Water supplementation study ‑ Employment of staff |
| 61-01-26.2 |
Statewide water development goals |
| 61-01-26.3 |
Water projects stabilization fund |
| 61-01-27 |
Procedure for converting mineral wells to water wells |
Chapter 61-02 - Water Commission
| Section |
Section Name |
| 61-02-01 |
Water conservation, flood control, management, and development declared a public purpose |
| 61-02-01.1 |
Statewide water development program |
| 61-02-01.2 |
State water commission ‑ Policies for water retention projects |
| 61-02-01.3 |
Comprehensive water development plan |
| 61-02-01.4 |
State water commission cost‑share policy |
| 61-02-01.5 |
North Dakota outdoor heritage fund grants - Effect on local cost-share |
| 61-02-01.6 |
Economic analysis for assessment drain projects ‑ Moratorium (Expired effective August 1, 2027) |
| 61-02-02 |
Definitions |
| 61-02-03 |
Apportioning or allocating water rights by commission |
| 61-02-04 |
State water commission ‑ Members ‑ Terms ‑ Qualifications |
| 61-02-04.1 |
Conflict of interest |
| 61-02-05 |
Chairman of commission |
| 61-02-06 |
Principal and branch offices of commission |
| 61-02-07 |
Quorum ‑ What constitutes |
| 61-02-08 |
Meetings of commission |
| 61-02-09 |
Commission a state agency ‑ Function as state |
| 61-02-10 |
Commission to have seal ‑ Judicial notice |
| 61-02-11 |
Commission may adopt rules and regulations ‑ Record kept by commission ‑ Inspection |
| 61-02-12 |
Compensation and expenses of appointive members of commission |
| 61-02-13 |
Employment of assistants |
| 61-02-14 |
Powers and duties of the commission |
| 61-02-14.1 |
Release or assignment of easements ‑ Procedure |
| 61-02-14.2 |
Commission contracts may be executed by director |
| 61-02-14.3 |
Commission agreements ‑ Terms, conditions, and reapplication |
| 61-02-14.4 |
Carryover projects ‑ Reporting requirements to the legislative management |
| 61-02-15 |
Provisions of chapter not to limit or deprive state department of health of authority |
| 61-02-16 |
Preference is given to individual farmer or irrigation district when planning or constructing irrigation projects |
| 61-02-17 |
Records, accounts, and statements of works and projects undertaken ‑ Filed with office of management and budget |
| 61-02-18 |
Application for irrigation project ‑ Fees to accompany ‑ Surveys made |
| 61-02-19 |
Works of commission may include preparation of land for irrigation when project undertaken by commission |
| 61-02-20 |
Approval of commission necessary before constructing certain size dams ‑ Inspection during construction |
| 61-02-21 |
Sewage and waste disposal or discharge ‑ Water supply plant ‑ Approval of commission required |
| 61-02-22 |
Acquisition of necessary property and power of condemnation |
| 61-02-23 |
Actions to acquire property rights |
| 61-02-23.1 |
Condemnation by the water commission |
| 61-02-23.2 |
Devils Lake outlet ‑ Eminent domain ‑ Design and build construction |
| 61-02-23.3 |
Construction and operation of the Devils Lake outlet ‑ Authorization ‑ Agreement |
| 61-02-24 |
Cooperation and coordination with entities |
| 61-02-24.1 |
Cooperation and participation of political subdivisions and federally recognized Indian tribes |
| 61-02-24.2 |
Payments in lieu of real estate taxes |
| 61-02-25 |
Duties of state agencies acting through interstate compacts or agreements |
| 61-02-26 |
Duties of state agencies concerned with intrastate use or disposition of waters |
| 61-02-27 |
Proposals with respect to use or disposition of waters to be presented to department of water resources |
| 61-02-28 |
Plans, investigations, and surveys concerning use of waters ‑ Special powers of commission |
| 61-02-29 |
Commission to have full control over unappropriated public waters of state |
| 61-02-30 |
Commission acquiring water rights and administering provisions of chapter ‑ Declaration of intention |
| 61-02-31 |
Priority of a water right dates from when |
| 61-02-32 |
Modification of plans by commission regarding project to appropriate waters ‑ Filing declaration of intention |
| 61-02-33 |
Commission to file declaration of completion of appropriation with department of water resources |
| 61-02-34 |
Declaration of intention to appropriate or release waters or completion of appropriation as evidence |
| 61-02-35 |
When right of commission to waters attaches ‑ Continuation of authority and jurisdiction |
| 61-02-36 |
Natural streams employed as a means of diversion of water ‑ Adopting methods to determine natural flow |
| 61-02-37 |
Headgates and measuring devices maintained by appropriators of natural streams ‑ Commission adopting rules preventing diversion of water |
| 61-02-38 |
Holder of water right on natural stream may turn control over to commission |
| 61-02-39 |
Commission may adjust plans and operation of project to obtain financial aid from United States |
| 61-02-40 |
Authority of commission to extend and be applied to natural waters of state |
| 61-02-41 |
Surveys for the diversion of waters |
| 61-02-42 |
Commission to take into consideration decrees of court adjudicating waters of natural stream |
| 61-02-43 |
Commission may hold hearings relating to rights of claimants ‑ Notice ‑ Findings made |
| 61-02-44 |
Controlling natural flow of stream deemed police power ‑ Water commissioners not to deprive commission |
| 61-02-45 |
Commission may divert at any place on stream after impounding or acquiring the right of appropriation |
| 61-02-46 |
Commission may issue bonds ‑ Legislative authorization ‑ Payment restricted |
| 61-02-47 |
When bonds to mature ‑ Callable before maturity |
| 61-02-48 |
Commission to determine interest rate, form, denomination, and execution of bonds |
| 61-02-49 |
Officers whose names are on bonds ceasing to be officers before delivery of bonds ‑ Validity of bonds |
| 61-02-50 |
Bonds issued are negotiable |
| 61-02-51 |
How bonds may be secured |
| 61-02-52 |
Commission may provide for registration of bonds |
| 61-02-53 |
Issuance and sale of bonds ‑ Proceeds from sale ‑ Use |
| 61-02-54 |
Resolution providing for issuance of bonds |
| 61-02-55 |
Issuance of temporary bonds |
| 61-02-56 |
Bond guaranty or insurance ‑ Method |
| 61-02-57 |
Moneys appropriated to pay interest and principal of bonds available as a revolving fund |
| 61-02-58 |
Lien upon bond proceeds |
| 61-02-59 |
Series of bonds may be secured by trust indenture |
| 61-02-60 |
Trust indentures ‑ Where filed ‑ Filing constitutes constructive notice |
| 61-02-61 |
Resolution or indenture may contain provisions protecting bondholders ‑ Expenses incurred in carrying out indenture |
| 61-02-62 |
Powers of commission in issuance of bonds |
| 61-02-63 |
Mortgage of commission ‑ Contents ‑ Purchaser at foreclosure sale ‑ Rights |
| 61-02-64 |
Fund created by commission ‑ Depository |
| 61-02-64.1 |
Contract fund ‑ Purpose ‑ Reimbursements to be deposited with the state treasurer |
| 61-02-64.2 |
Repayment of loan proceeds and reimbursements deposited in resources trust fund |
| 61-02-65 |
Commission to have complete system of accounting ‑ Contents |
| 61-02-66 |
Construction fund ‑ Contents ‑ Disbursements ‑ Surplus remaining |
| 61-02-67 |
Revenue bond payment fund ‑ Contents |
| 61-02-67.1 |
Revenues and funds available to pay bonds |
| 61-02-68 |
State treasurer to pay interest on bonds ‑ Redemption of bonds ‑ Appropriation |
| 61-02-68.1 |
Borrowing on interim notes ‑ Expenses paid and loans made from proceeds ‑ Issuance of notes |
| 61-02-68.2 |
Interim financing notes guaranteed by United States agency or instrumentality ‑ Limitations |
| 61-02-68.3 |
Interim financing ‑ Proper authority required |
| 61-02-68.4 |
Interim financing ‑ Independent review of feasibility of project |
| 61-02-68.5 |
Interim financing ‑ Proceeds pledged as security ‑ Assignment to commission of rights to proceeds |
| 61-02-68.6 |
Terms of interim financing notes ‑ Extension of maturity dates |
| 61-02-68.7 |
Pledge of revenues to secure interim financing notes |
| 61-02-68.8 |
Additional covenants and conditions to secure interim financing notes |
| 61-02-68.9 |
Registration of interim financing notes ‑ Interest payment ‑ Redemption prior to maturity |
| 61-02-68.10 |
Execution and attestation of interim financing notes ‑ Sale |
| 61-02-68.11 |
Bond provisions applicable to interim financing notes |
| 61-02-68.12 |
Interim financing notes or guarantees not a state obligation ‑ Payment restricted to revenues ‑ Notes or guarantees not a lien |
| 61-02-68.13 |
Interim financing notes as legal investments and security |
| 61-02-68.14 |
Guarantee issued by commission |
| 61-02-68.15 |
Pledges |
| 61-02-68.16 |
Reserve fund |
| 61-02-68.17 |
Additional reserves and funds |
| 61-02-68.18 |
Protection of service during term of guarantee or loan |
| 61-02-68.19 |
Interim financing notes, guarantees, or bonds for municipal, rural, and industrial water supply projects ‑ Public interest |
| 61-02-69 |
Property of commission exempt from taxation |
| 61-02-70 |
Expenses paid from administrative fund |
| 61-02-71 |
Commission may accept and receive appropriations and contributions |
| 61-02-72 |
Revenue bonds of commission are legal and valid investments of financial institutions ‑ Exemption from taxation |
| 61-02-73 |
Construction of chapter |
| 61-02-74 |
Certain moneys to be deposited in general fund |
| 61-02-75 |
Hearing witnesses ‑ Subpoena ‑ Oath ‑ Fees |
| 61-02-76 |
Hearing ‑ Appeals from decision of commission |
| 61-02-77 |
Emergency municipal, tribal, and rural water system drinking water grant program |
| 61-02-78 |
Infrastructure revolving loan fund ‑ Continuing appropriation ‑ Rules |
| 61-02-79 |
Bank of North Dakota ‑ Line of credit |
| 61-02-80 |
Flood control projects ‑ Financial assistance limited |
| 61-02-81 |
Development in breach inundation zones ‑ No financial assistance for dam improvements |
Chapter 61-02.1 - Flood Control or Reduction Projects
| Section |
Section Name |
| 61-02.1-01 |
Legislative findings and intent ‑ Authority to issue bonds |
| 61-02.1-02 |
Bond issuance amount limited |
| 61-02.1-02.1 |
Funding ‑ Statewide water development projects ‑ Bond issuance amount |
| 61-02.1-03 |
Limitation of action |
| 61-02.1-04 |
Bonds payable from appropriations and other revenues |
| 61-02.1-05 |
Water development trust fund |
| 61-02.1-06 |
Grand Forks flood control project |
Chapter 61-03 - State Engineer
| Section |
Section Name |
| 61-03-01 |
State engineer ‑ Appointment ‑ Qualifications ‑ Term ‑ Salary ‑ Engaging in private practice |
| 61-03-01.1 |
Department of water resources established ‑ Appointment and salary of director |
| 61-03-01.2 |
Definitions |
| 61-03-01.3 |
Director ‑ State engineer ‑ Powers and duties |
| 61-03-02 |
Oath of state engineer |
| 61-03-03 |
Approval of claims |
| 61-03-04 |
Biennial report |
| 61-03-05 |
Fees of state engineer |
| 61-03-05.1 |
Deposit of certain fees in special fund ‑ Purposes of fund |
| 61-03-06 |
Records of the department |
| 61-03-07 |
Investigations and reports for board of university and school lands |
| 61-03-08 |
Duty to cooperate with boards of county commissioners when requested |
| 61-03-09 |
State engineer's duties in construction of bridges and culverts |
| 61-03-10 |
Custodian of government plats |
| 61-03-11 |
Furnishing copies |
| 61-03-12 |
Attorney general and state's attorney to provide legal counsel |
| 61-03-13 |
Rulemaking authority |
| 61-03-14 |
State water commission votes on modifications of rules |
| 61-03-15 |
Hydrographic surveys and investigations made by the department ‑ Cooperating with federal agencies |
| 61-03-16 |
Suit for adjudication of water rights |
| 61-03-17 |
Parties to and costs of suit for adjudication of water rights |
| 61-03-18 |
Hydrographic survey fund ‑ Use ‑ Payments |
| 61-03-19 |
Decree adjudicating water rights ‑ Filing ‑ Contents |
| 61-03-20 |
Cooperation with United States geological survey in making topographic maps |
| 61-03-21 |
Plans of operation for reservoirs ‑ Adequate structure |
| 61-03-21.1 |
Inspection by department |
| 61-03-21.2 |
Removal or modification of unsafe or unauthorized works |
| 61-03-21.3 |
Removal, modification, or destruction of dangers in, on the bed of, or adjacent to navigable waters |
| 61-03-21.4 |
Economic analysis process required for certain projects |
| 61-03-22 |
Hearing ‑ Appeals from decision of department |
| 61-03-23 |
Penalties ‑ Civil |
| 61-03-24 |
Pending administrative actions and permits |
| 61-03-25 |
Emergency action plan ‑ High‑hazard or medium‑hazard dam |
| 61-03-26 |
Water well contractors advisory board (Expired effective December 2, 2026) |
| 61-03-27 |
Requirements for firms engaged in water well work, installation of water well pumps and pitless units, monitoring well work, and drilling of geothermal systems ‑ Exceptions |
Chapter 61-04 - Appropriation of Water
| Section |
Section Name |
| 61-04-01 |
Petitions, reports, surveys, and other documents filed with the commission |
| 61-04-01.1 |
Definitions |
| 61-04-01.2 |
Beneficial use requirement |
| 61-04-02 |
Permit for beneficial use of water required |
| 61-04-02.1 |
Emergency or temporary authorization |
| 61-04-02.2 |
Property interest required to hold a water permit |
| 61-04-03 |
Water permit application ‑ Contents ‑ Information to accompany |
| 61-04-03.1 |
Limitation on amount of water |
| 61-04-04 |
Filing and correction of application |
| 61-04-04.1 |
Application fees |
| 61-04-04.2 |
Refund of water permit application fees |
| 61-04-04.3 |
Rejection of applications |
| 61-04-05 |
Notice of application ‑ Contents ‑ Proof ‑ Failure to file satisfactory proof |
| 61-04-05.1 |
Comments ‑ Hearing |
| 61-04-06 |
Criteria for issuance of permit |
| 61-04-06.1 |
Preference in granting permits |
| 61-04-06.2 |
Terms of permit - Disposition of fees |
| 61-04-06.3 |
Priority |
| 61-04-07 |
Rejection of applications ‑ Appeal to district court |
| 61-04-07.1 |
Approval of applications with conditions |
| 61-04-07.2 |
Conditional water permit application denial |
| 61-04-07.3 |
Conditional water permit application deferral |
| 61-04-08 |
Prosecution of work ‑ State engineer may approve another application upon failure of original applicant to complete ‑ Exception |
| 61-04-09 |
Application to beneficial use ‑ Inspection ‑ Perfected water permit |
| 61-04-10 |
Certificate of construction issued when works found in satisfactory condition ‑ Contents |
| 61-04-11 |
Inspection of works |
| 61-04-12 |
Use of unsafe works ‑ Penalty |
| 61-04-13 |
Application of water to beneficial use ‑ Inspection |
| 61-04-14 |
Extending time for application to beneficial use |
| 61-04-15 |
Assignment of conditional or perfected water permit |
| 61-04-15.1 |
Change in point of diversion or use |
| 61-04-15.2 |
Add a point of diversion |
| 61-04-15.3 |
Transfer of approved irrigated acreage |
| 61-04-15.4 |
Change in purpose of use |
| 61-04-16 |
Referee or referees appointed in water suits ‑ Duties |
| 61-04-17 |
Surplus water to be delivered to persons entitled to beneficial use ‑ Charges ‑ Compelling delivery |
| 61-04-18 |
Appropriation of water from minor stream for agricultural use |
| 61-04-19 |
Filing of location certificate ‑ Contents |
| 61-04-20 |
Approval of state engineer ‑ Rights of claimant ‑ Procedure |
| 61-04-21 |
Amount of water allowed |
| 61-04-22 |
Prescriptive water right |
| 61-04-23 |
Cancellation of water rights ‑ Inspection of works |
| 61-04-24 |
Cancellation of water rights ‑ Notice ‑ Contents |
| 61-04-24.1 |
Cancellation of water rights ‑ Comments |
| 61-04-25 |
Cancellation of water rights ‑ Appeal |
| 61-04-26 |
Recorder to record water permit or order affecting water right |
| 61-04-27 |
Information filed with department of water resources ‑ Installation of measuring devices |
| 61-04-28 |
Correction of application or water right by department of water resources |
| 61-04-29 |
Enforcement |
| 61-04-30 |
Penalty |
| 61-04-31 |
Reservation of waters ‑ Public hearing ‑ Notice |
| 61-04-32 |
Damages for illegal diminishment of water supply |
| 61-04-33 |
Water storage contracts |
Chapter 61-04.1 - Weather Modification
| Section |
Section Name |
| 61-04.1-01 |
Extended state ownership of water sovereignty over moisture |
| 61-04.1-02 |
Declaration of policy and purpose |
| 61-04.1-03 |
Definitions |
| 61-04.1-03.1 |
Atmospheric resource board |
| 61-04.1-04 |
North Dakota atmospheric resource board created ‑ Membership |
| 61-04.1-05 |
Board districts created |
| 61-04.1-06 |
Direction and supervision by department of water resources ‑ Independent functions retained by board |
| 61-04.1-07 |
Board officers ‑ Compensation |
| 61-04.1-08 |
Powers and duties of the department |
| 61-04.1-09 |
Department of water resources to establish research and development program ‑ Hail suppression pilot program |
| 61-04.1-10 |
Biennial report |
| 61-04.1-11 |
License and permit required |
| 61-04.1-12 |
Exemptions |
| 61-04.1-13 |
Operator deemed to be doing business within state ‑ Resident agent |
| 61-04.1-14 |
Issuance of license ‑ Fee |
| 61-04.1-15 |
Revocation or suspension of license |
| 61-04.1-16 |
Permit required ‑ Issuance of permit ‑ Fee |
| 61-04.1-17 |
Hearings |
| 61-04.1-18 |
Revocation, suspension, or modification of permit |
| 61-04.1-19 |
Proof of financial responsibility |
| 61-04.1-20 |
Department of water resources may create operating districts ‑ Representation of noncontracting counties |
| 61-04.1-21 |
District operations advisory committees created ‑ Duties |
| 61-04.1-22 |
Weather modification authority may suspend operations |
| 61-04.1-22.1 |
Temporary weather modification authority |
| 61-04.1-23 |
Weather modification authority created by petition |
| 61-04.1-24 |
Petition contents |
| 61-04.1-25 |
Commissioners ‑ Compensation ‑ Meetings ‑ Officers |
| 61-04.1-26 |
Funding for support of weather modification authority |
| 61-04.1-27 |
Creation of weather modification authority and its powers by resolution |
| 61-04.1-28 |
Procedure for abolishment of weather modification authority and all its powers by recall initiated petition |
| 61-04.1-29 |
Creation of weather modification authority by election |
| 61-04.1-30 |
Abolishment of weather modification authority by election |
| 61-04.1-31 |
Creation of weather modification authority by vote after resolution of county commissioners |
| 61-04.1-32 |
County budget may be waived for first appropriation ‑ Conditions |
| 61-04.1-33 |
Bids required ‑ When |
| 61-04.1-34 |
Performance bond, cash, or negotiable securities required |
| 61-04.1-35 |
Bid bond, cash, or negotiable securities required |
| 61-04.1-36 |
State immunity |
| 61-04.1-37 |
Liability of controller |
| 61-04.1-38 |
Department of water resources may receive and expend funds |
| 61-04.1-39 |
Payment for weather modification ‑ State to provide funds |
| 61-04.1-40 |
State water commission ‑ Compensation ‑ Expenses |
| 61-04.1-41 |
Penalty |
Chapter 61-05 - Organization of Irrigation Districts
| Section |
Section Name |
| 61-05-01 |
Definitions |
| 61-05-02 |
Proposals for irrigation district ‑ Electors required |
| 61-05-02.1 |
Creation and jurisdiction of irrigation district ‑ Limitations |
| 61-05-03 |
Votes of electors ‑ Number permissible |
| 61-05-04 |
Fiduciary must file proof of authority ‑ Appointment of agent |
| 61-05-05 |
Co-owners of land in irrigation district ‑ Who may vote |
| 61-05-06 |
Private or public corporation or limited liability company may designate agent to vote |
| 61-05-07 |
Petition for a proposed irrigation district ‑ Where filed ‑ Signed by whom ‑ Contents |
| 61-05-08 |
Petition accompanied by map ‑ Contents ‑ Scale |
| 61-05-09 |
Petition accompanied by bond ‑ Approval of bond ‑ Certified copy of petition filed |
| 61-05-10 |
Hearing on petition ‑ Notice ‑ Determination on feasibility ‑ Copy of determination filed ‑ Submitted to electors |
| 61-05-11 |
Amendment of plan of irrigation ‑ Adjournment of hearing by department of water resources |
| 61-05-12 |
Department of water resources may make order denying petition ‑ Filing |
| 61-05-13 |
Order establishing irrigation district ‑ Calling election ‑ Dividing district ‑ Contents of order |
| 61-05-14 |
Notice of election ‑ Contents ‑ Publication |
| 61-05-15 |
Form of notice of election |
| 61-05-16 |
Department of water resources to appoint clerk and two judges of election ‑ Filling vacancies on board |
| 61-05-17 |
Conduct of election ‑ Votes canvassed by board and department of water resources ‑ Retaining ballots |
| 61-05-18 |
Election governing organization of district ‑ Filing record of election ‑ Certificates of election to directors |
| 61-05-19 |
Department of water resources to file order with secretary of state ‑ Secretary of state to make certificate ‑ Evidence |
| 61-05-20 |
Appeal to district court from orders and decisions of the department of water resources ‑ Time ‑ Undertaking |
| 61-05-21 |
Validating organization and acts of irrigation districts |
Chapter 61-06 - Government of Irrigation Districts
| Section |
Section Name |
| 61-06-01 |
Board of directors of irrigation district ‑ Terms ‑ Vacancies |
| 61-06-02 |
Directors elected subsequent to organization assume office ‑ Time ‑ Term |
| 61-06-03 |
Oath and bond of boards of directors ‑ Filing |
| 61-06-04 |
Meeting of directors ‑ Organization ‑ Officers ‑ Quorum ‑ Term of officers |
| 61-06-05 |
Official bonds of assessor, district treasurer, and other employees ‑ Approval and filing of bonds |
| 61-06-06 |
District organized under provisions of chapter appointed fiscal agent of the United States |
| 61-06-07 |
Form of official bonds provided for in chapter ‑ Obligee in bond |
| 61-06-08 |
Officers or employees bonded in state bonding fund ‑ Assessment payment |
| 61-06-09 |
Regular election of irrigation districts ‑ Mail ballot elections |
| 61-06-10 |
Notice of election after district is organized ‑ Contents ‑ Form |
| 61-06-11 |
Board of election of irrigation district ‑ Failure of member of election board to be present |
| 61-06-12 |
Candidates at election ‑ Filing names |
| 61-06-13 |
Ballot at irrigation district elections ‑ Contents ‑ Mail ballots |
| 61-06-14 |
Oath required of members of election board ‑ Chairman of election board to administer |
| 61-06-15 |
Opening and closing hours of polls at irrigation district elections |
| 61-06-16 |
Canvass of ballots ‑ Delivery of materials to directors |
| 61-06-17 |
Compensation of members of election board |
| 61-06-18 |
Return and canvass of votes by board of directors |
| 61-06-19 |
Secretary of board of directors to declare result of election ‑ Contents |
| 61-06-20 |
Board of directors to declare results of election ‑ Secretary to issue certificates of election |
| 61-06-21 |
Meetings of board ‑ Regular and special ‑ Quorum ‑ Records of board |
| 61-06-21.1 |
Transactions of irrigation districts made public records ‑ Grounds for removal of director or officer |
| 61-06-22 |
Directors and officers ‑ Salary, mileage, and expenses |
| 61-06-23 |
Officers not to be interested in contract ‑ Penalty |
Chapter 61-07 - Powers of Irrigation Districts
| Section |
Section Name |
| 61-07-01 |
Powers and duties of irrigation district |
| 61-07-02 |
Legal title to property acquired in corporate name |
| 61-07-03 |
Powers and duties of board of directors |
| 61-07-04 |
Construction across streams, highways, railroads, and ditches ‑ Right of way |
| 61-07-05 |
Purchase of land after foreclosure of tax lien |
| 61-07-06 |
Contracts entered into by district ‑ Contracts for materials ‑ Reservations in contracts |
| 61-07-07 |
Board to formulate general plan of operation ‑ Contents |
| 61-07-08 |
Surveys, examinations, and plans made to determine cost of construction in district ‑ Department of water resources to prepare report |
| 61-07-09 |
Advertising for bids |
| 61-07-10 |
Expense of purchasing and acquiring property and constructing irrigation works ‑ Insufficiency of bonds |
| 61-07-11 |
District entering into agreements with others for payment of cost of establishing or constructing works |
| 61-07-12 |
Expenses ‑ How paid |
| 61-07-13 |
Agreement by board to conform to laws of various departments or agencies to secure financial aid |
| 61-07-14 |
Irrigation districts may accept acts of Congress ‑ Contracting with United States ‑ Provisions of section not a limitation |
| 61-07-15 |
District may obtain financial aid from United States |
| 61-07-16 |
Irrigation district shall provide for proper drainage of lands ‑ Payment |
| 61-07-17 |
Apportionment of water when supply insufficient |
| 61-07-18 |
Duty of board to provide water supply |
| 61-07-19 |
Petition for specific orders or changes in canals or other conveyance systems ‑ Methods |
| 61-07-20 |
Provisions of title not to take away vested rights |
| 61-07-21 |
Incurring liability in excess of provisions of chapter prohibited ‑ Exception |
| 61-07-22 |
Commencement of special proceedings to confirm contracts, special assessment, or other action |
| 61-07-23 |
Petition by board for court to examine and approve contracts or assessments ‑ Contents of petition |
| 61-07-24 |
Hearing of petition ‑ Notice of filing and hearing |
| 61-07-25 |
Answer to petition ‑ Defense by person interested |
| 61-07-26 |
Powers of court upon trial ‑ Amendment of petition |
| 61-07-27 |
Conclusion of hearing ‑ Findings ‑ Decree ‑ Costs of hearing ‑ Filing copies of findings |
| 61-07-28 |
Procuring water supply from district outside of state ‑ Validity and legality |
| 61-07-29 |
Board may enter into a contract for supply of water ‑ Payment ‑ Source |
| 61-07-30 |
Contract for payment for supply of water ‑ Assessments may be made against lands |
| 61-07-31 |
Contract for supply of water extending over one year approved at election ‑ Regulations governing election |
| 61-07-32 |
Liability for failure to deliver water |
| 61-07-33 |
Appeal to district court ‑ Time ‑ Undertaking required ‑ Docketing |
Chapter 61-08 - Fiscal Affairs of Irrigation Districts
| Section |
Section Name |
| 61-08-01 |
Resolution to institute initial proceedings for bonds ‑ Contents ‑ Adoption |
| 61-08-02 |
Adopting initial resolutions by board ‑ Date of election ‑ Contents of resolution ‑ Conduct of election |
| 61-08-03 |
Notice of election ‑ Contents |
| 61-08-04 |
Ballot for election ‑ Contents ‑ Spoiled or blank ballots not counted |
| 61-08-05 |
Majority of votes favoring issuance of bonds ‑ Duty of board |
| 61-08-06 |
Bonds ‑ Terms |
| 61-08-07 |
Bonds ‑ Rate of interest |
| 61-08-08 |
Denominations of bonds ‑ Payable in lawful money of United States |
| 61-08-09 |
Execution of bonds ‑ Validity of bonds not impaired by change in officers |
| 61-08-10 |
Registration of bond by secretary ‑ Contents ‑ Copy filed with county auditor ‑ Secretary to endorse |
| 61-08-11 |
Cancellation of bonds authorized but not paid ‑ Destruction of bonds ‑ Affidavit of destruction ‑ Filing |
| 61-08-12 |
Sale of bonds ‑ Contents of notice |
| 61-08-13 |
Opening bids for bond issues ‑ Record of bids kept ‑ Bids accompanied by check |
| 61-08-14 |
Awarding sale of bond issue ‑ Rejecting bids |
| 61-08-15 |
Officer of irrigation district accepting commission or compensation in regard to bonds ‑ Misdemeanor |
| 61-08-16 |
Registration of bearer bonds ‑ Transfer must be recorded in register ‑ Registration not to affect negotiability of coupons |
| 61-08-17 |
When issuance of district improvement warrants permissible |
| 61-08-18 |
Use of district improvement warrants ‑ Assessments levied to raise funds to pay improvement warrants |
| 61-08-19 |
Improvement warrants ‑ Amount ‑ When payable ‑ Maturity |
| 61-08-20 |
Interest on warrants ‑ Signatures ‑ Contents |
| 61-08-21 |
Registration of warrants by secretary ‑ Filing copy of record in county auditor's office |
| 61-08-22 |
Bonds may be secured by trust indenture ‑ Powers vested in trustee |
| 61-08-23 |
Where money received from bond issue placed ‑ Lien on money |
| 61-08-24 |
Board may appoint fiscal agent ‑ Who may be |
| 61-08-25 |
Bonds and contracts payable from assessments of real property and from water charges |
| 61-08-26 |
County treasurer to be custodian of funds |
| 61-08-27 |
District treasurer to remit moneys to county treasurer ‑ Crediting proper fund |
| 61-08-28 |
Payment of bonds and interest |
| 61-08-29 |
Claims paid by district treasurer ‑ Insufficient funds ‑ Verification of claims |
| 61-08-30 |
Board may withdraw funds from district and deposit with county treasurer ‑ Duty of treasurer |
| 61-08-31 |
County treasurer to make report to board monthly |
| 61-08-32 |
District treasurer to make report to board ‑ Verifying and filing |
| 61-08-33 |
District treasurer to keep warrant register ‑ Contents ‑ How warrants payable |
| 61-08-34 |
Refunding irrigation district bonds ‑ Negotiating new bonds |
| 61-08-35 |
Procedure used in issuing refunding bonds |
| 61-08-36 |
Refunding bonds ‑ When payable ‑ Interest ‑ Denominations ‑ Interest coupons |
| 61-08-37 |
Refunding bonds may be exchanged or sold |
| 61-08-38 |
Amount of refunding bonds issued |
| 61-08-39 |
Assessments ‑ Proceeds ‑ Levy |
| 61-08-40 |
Provisions relating to payment of bonds applicable to refunding bonds |
| 61-08-41 |
Issuance of revenue bonds |
| 61-08-42 |
Payment and security for revenue bonds |
Chapter 61-09 - Assessments in Irrigation Districts
| Section |
Section Name |
| 61-09-01 |
District assessor to examine tracts of land to fix annual assessments levied thereon |
| 61-09-02 |
District assessor to make list or prepare map to show apportionment of assessments ‑ Filing |
| 61-09-03 |
Assessments spread in proportion to benefits received ‑ Property subject to assessment for deficiency |
| 61-09-04 |
Assessment of property not in name of owner not to invalidate assessment |
| 61-09-05 |
Assessor to determine amounts payable to United States' agencies and other persons or districts |
| 61-09-06 |
When assessment roll completed ‑ When board to equalize assessments |
| 61-09-07 |
Meeting of board for equalization ‑ Duties ‑ Secretary to be present to note changes |
| 61-09-08 |
Board to levy assessment against lands of district ‑ Amount ‑ How determined |
| 61-09-09 |
Board may levy assessment for general fund ‑ Contents |
| 61-09-10 |
Secretary to enter sum assessed against each tract for each fund ‑ Certifying to county auditor ‑ Duty of auditor |
| 61-09-11 |
Assessments and taxes collected by county treasurer ‑ Manner |
| 61-09-12 |
Refusal or failure of board to cause assessment to be made |
| 61-09-13 |
Board may borrow additional funds if levy of annual assessment is insufficient for district ‑ Limitations |
| 61-09-14 |
Borrowing in excess of ninety percent of levy prohibited ‑ Additional levy permissible ‑ Transfer of balance in fund |
| 61-09-15 |
Assessment made to be general tax ‑ When due and delinquent ‑ Tax lien to be preferred lien |
| 61-09-16 |
Payment of assessments under protest ‑ When refunding taxes or assessments |
| 61-09-17 |
Abatement of assessments ‑ Exception |
| 61-09-18 |
Board may call special election to determine if special assessment shall be levied |
| 61-09-19 |
Special election ‑ Notice ‑ Ballots |
| 61-09-20 |
How rate of special assessment determined |
Chapter 61-10 - Changing Boundaries of Irrigation Districts
| Section |
Section Name |
| 61-10-01 |
Change of district boundaries ‑ Effect |
| 61-10-02 |
Petition for inclusion of land in district ‑ Contents of petition |
| 61-10-03 |
Notice of petition to include land in district ‑ Contents ‑ Time required by notice ‑ Cost |
| 61-10-04 |
Hearing of petition on proposed change in boundaries ‑ Assent of parties |
| 61-10-05 |
Payment of share of original cost by petitioners required |
| 61-10-06 |
Power of board to reject or grant petition for inclusion of land ‑ Survey required |
| 61-10-07 |
Objections to change ‑ Resolution adopting change ‑ Contents of resolution |
| 61-10-08 |
Ordering of election ‑ Notice, contents ‑ Ballots, contents |
| 61-10-09 |
Result of election ‑ Duty of board |
| 61-10-10 |
Copy of order changing boundaries filed with recorder ‑ Effect |
| 61-10-11 |
Petition to be recorded by secretary ‑ Evidence |
| 61-10-12 |
Authority of guardians, personal representatives, and conservators on proposal to change boundaries of district |
| 61-10-13 |
When redivision of district into divisions ‑ Directors elected from |
| 61-10-14 |
Exclusion of land from district ‑ Petition for ‑ Contents ‑ Description of lands in ‑ Acknowledging |
| 61-10-15 |
Notice of petition for exclusion of lands ‑ Contents ‑ Publishing or posting ‑ Time specified in notice |
| 61-10-16 |
Hearing petition and objections thereto ‑ Assent of parties |
| 61-10-17 |
Power of board to deny or grant petition for exclusion of lands |
| 61-10-18 |
Bonds or improvement warrants outstanding ‑ Resolution excluding from district ‑ Assent to ‑ Acknowledgment |
| 61-10-19 |
Election ordered to determine exclusion of lands ‑ Publishing and posting ‑ Form of ballots ‑ Conducting |
| 61-10-20 |
Result of election ‑ Survey ordered by board |
| 61-10-21 |
Filing copy of orders ‑ Effect |
| 61-10-22 |
Effect of change on office of director upon exclusion of lands ‑ Vacancy ‑ How filled |
| 61-10-23 |
Redivision of district |
| 61-10-24 |
Refunding assessments to owners of lands excluded |
| 61-10-25 |
Notice of filing of petition and hearing thereof ‑ Cost of proceedings |
| 61-10-26 |
Hearing of petition ‑ Assent of parties |
| 61-10-27 |
Board may include lands in district |
| 61-10-28 |
Electors may object to inclusion of lands ‑ Board may call an election |
| 61-10-29 |
Ordering of election ‑ Notice ‑ Conduct |
| 61-10-30 |
Result of election ‑ Duty of the board and secretary |
| 61-10-31 |
Redivision of district into divisions |
| 61-10-32 |
Petition for exclusion of land from irrigation district ‑ Bond ‑ Contents |
| 61-10-33 |
Notice of hearing of petition |
| 61-10-34 |
Board may grant or deny petition for exclusion of lands |
| 61-10-35 |
Outstanding bonds or improvement warrants or contractual obligations ‑ Order excluding lands ‑ Assent |
| 61-10-36 |
Election to determine exclusion of land ‑ Notice of election ‑ Form of ballot ‑ Conduct of election |
| 61-10-37 |
Result of election ‑ Order excluding lands |
| 61-10-38 |
Elimination of divisions of district |
Chapter 61-11 - Dissolution of Irrigation Districts
| Section |
Section Name |
| 61-11-01 |
Petition to board of directors for dissolution of district ‑ Requirements ‑ Adoption of resolution calling special election |
| 61-11-02 |
Notice of election for dissolution of district ‑ Publication |
| 61-11-03 |
Ballots to be provided ‑ Form |
| 61-11-04 |
Conduct of election ‑ Canvassing and reporting result of election |
| 61-11-05 |
Procedure when election favors dissolution ‑ Notice to file claims against district ‑ What claims barred |
| 61-11-06 |
Vote against dissolution of district ‑ Subsequent election for dissolution not to be held for one year |
| 61-11-07 |
Resolution of dissolution when election favors dissolution ‑ Officers and board to act until obligations settled |
| 61-11-08 |
Sale of district property authorized ‑ Appraisers appointed ‑ Oath ‑ Compensation |
| 61-11-09 |
Appraisal of property by appraisers ‑ Report to board ‑ Advertising property for sale ‑ Opening of bids |
| 61-11-10 |
Private sale of property of district ‑ When permitted ‑ Terms ‑ Proceeds of sale |
| 61-11-11 |
Sale or transfer of property authorized |
| 61-11-12 |
Liquidation of district indebtedness |
| 61-11-13 |
Sale does not affect vested water rights |
| 61-11-14 |
Sale does not affect or release assessment liens ‑ Duty of county treasurer |
| 61-11-15 |
Report of dissolution when ‑ Where filed ‑ Contents ‑ Recording of in office of recorder |
| 61-11-16 |
Surplus moneys of district ‑ Disposal |
Chapter 61-12 - Flood Irrigation Projects
| Section |
Section Name |
| 61-12-01 |
When improvements may be constructed |
| 61-12-02 |
Board of flood irrigation ‑ How appointed ‑ Filling vacancies ‑ Office |
| 61-12-03 |
Oath ‑ Bond ‑ Members of flood irrigation board |
| 61-12-04 |
Organization of board of flood irrigation |
| 61-12-05 |
Legal adviser of board of flood irrigation |
| 61-12-06 |
Dam construction ‑ Petition accompanied by map |
| 61-12-07 |
Examination of damsite by board of flood irrigation ‑ Appointment of engineer |
| 61-12-08 |
Bond of petitioners ‑ When required |
| 61-12-09 |
Examinations and surveys ‑ Authority to enter lands |
| 61-12-10 |
Reports and plans of engineer ‑ Copies filed with county auditor |
| 61-12-11 |
Location of improvement ‑ Variance from petition |
| 61-12-12 |
Time for hearing fixed ‑ Notice |
| 61-12-13 |
Contents of notice |
| 61-12-14 |
Evidence ‑ Petition to discontinue proceedings |
| 61-12-15 |
Showing required to establish project |
| 61-12-16 |
Assessment of damages ‑ How made |
| 61-12-17 |
Review of assessment ‑ Ten‑day notice ‑ Place of hearing |
| 61-12-18 |
Petition for review of assessments |
| 61-12-19 |
Issue placed on court calendar ‑ Judgment ‑ Costs |
| 61-12-20 |
Rights of way |
| 61-12-21 |
Damages ‑ How paid |
| 61-12-22 |
Assessment of accruing benefits |
| 61-12-23 |
Assessment of benefits subject to review |
| 61-12-24 |
Return of assessment of benefits |
| 61-12-25 |
Notice of construction ‑ Letting of contracts |
| 61-12-26 |
Computation of costs ‑ Contents |
| 61-12-27 |
Apportionment and enforcement of taxes |
| 61-12-28 |
Collection of flood irrigation taxes ‑ Payment of expenses |
| 61-12-29 |
Additional assessments ‑ When necessary |
| 61-12-30 |
Board of flood irrigation may contract for purchase of water ‑ Assessment for maintenance |
| 61-12-31 |
Joint powers of flood irrigation boards in two or more counties ‑ Apportionment of cost |
| 61-12-32 |
Tax or assessment not void |
| 61-12-33 |
New proceedings ‑ When |
| 61-12-34 |
Liability of members of flood irrigation board |
| 61-12-35 |
Compensation of members of the board |
| 61-12-36 |
Power of board of flood irrigation to administer oath |
| 61-12-37 |
Bonds ‑ Issuance ‑ Payment |
| 61-12-38 |
Interest rate of bonds |
| 61-12-39 |
Payment of entire assessment by landowner |
| 61-12-40 |
Notice of issue of bonds ‑ Given by county auditor |
| 61-12-41 |
Sinking fund |
| 61-12-42 |
Bonds issued on amortization plan |
| 61-12-43 |
Regulations concerning issuance of bonds under this chapter |
| 61-12-44 |
Levy of tax for interest ‑ Separate sinking funds ‑ County not liable for bonds |
| 61-12-45 |
Assessment of omitted property ‑ Additional assessments |
| 61-12-46 |
Department of water resources to assist county board of flood irrigation |
| 61-12-47 |
Assessment for drainage |
| 61-12-48 |
Transfer of sinking fund to maintenance fund ‑ Duty of county treasurer |
Chapter 61-13 - Organization of Corporations for Irrigation Purposes
| Section |
Section Name |
| 61-13-01 |
Corporations or limited liability companies may be organized for irrigation purposes |
| 61-13-02 |
Powers of corporations and limited liability companies organized under chapter |
| 61-13-03 |
Articles of incorporation or bylaws may restrict sales to stockholders ‑ When stock to become appurtenant to land ‑ Sale of water to others |
| 61-13-03.1 |
Articles of organization or bylaws may restrict sales to members ‑ When membership interest to become appurtenant to land ‑ Sale of water to others |
| 61-13-04 |
Assessments may be levied upon capital stock |
Chapter 61-14 - General Rules Governing Irrigation
| Section |
Section Name |
| 61-14-01 |
Units of measurement |
| 61-14-02 |
Unused water reverts to public |
| 61-14-03 |
Amount of water for irrigation |
| 61-14-04 |
Water appurtenant to land for irrigation purposes |
| 61-14-05 |
Change of use or place of diversion |
| 61-14-06 |
Measuring devices ‑ Unlawful to take water without using |
| 61-14-07 |
Unlawful interference with rights to use of water ‑ Penalty |
| 61-14-08 |
Unlawful use of water and waste ‑ Penalty |
| 61-14-09 |
Bridges over ditches or canals ‑ Penalty |
| 61-14-10 |
Obstructing works unlawful |
| 61-14-11 |
Penalty |
| 61-14-12 |
Liens on land |
| 61-14-13 |
Seepage water |
| 61-14-14 |
Disposition of state lands |
| 61-14-15 |
Unauthorized diversion of water from irrigation ditches |
| 61-14-16 |
Willfully allowing water to flow or fall upon roadway prohibited ‑ Penalty |
Chapter 61-15 - Water Conservation
| Section |
Section Name |
| 61-15-01 |
Definitions |
| 61-15-02 |
Control of water and wildlife conservation projects vested in state |
| 61-15-03 |
Water and wildlife conservation projects ‑ Supervision |
| 61-15-04 |
Easements to United States of America for water and wildlife conservation |
| 61-15-05 |
Recording or filing fees for documents required by United States or state for water or wildlife conservation project |
| 61-15-06 |
Board of university and school lands empowered to grant easements for water and wildlife conservation |
| 61-15-07 |
Water and wildlife conservation projects not to diminish value of land |
| 61-15-08 |
Drainage of meandered lake ‑ Penalty |
| 61-15-09 |
Conservation of lakes and streams of Turtle Mountain region |
| 61-15-10 |
Permitting municipal corporations to dam Red River of the North |
| 61-15-11 |
Wild and scenic rivers |
Chapter 61-16 - Creation of Water Resource Districts - Boards
| Section |
Section Name |
| 61-16-01 |
Definitions |
| 61-16-02 |
Petition for establishment of water conservation and flood control district ‑ Hearing thereon and investigation ‑ District when created |
| 61-16-03 |
Bond to accompany petition for district ‑ When ‑ Exception |
| 61-16-04 |
Resolution of governing body of public corporation filed with commission |
| 61-16-05 |
Water resource districts ‑ Area to be included |
| 61-16-06 |
Order creating water resource district |
| 61-16-06.1 |
Consolidation of water resource districts |
| 61-16-07 |
Water resource board ‑ Appointment and number |
| 61-16-08 |
Eligibility for appointment to board ‑ Term of office ‑ Removal ‑ Filling vacancies ‑ Compensation of managers |
| 61-16-08.1 |
Appointment of alternate board member due to conflict of interest or illness |
| 61-16-09 |
Oath of office ‑ Organization of water resource board ‑ Appointment of employees ‑ Meetings |
| 61-16-10 |
Bonds of treasurer and appointive officers |
| 61-16-11 |
Powers and duties of board of commissioners |
| 61-16-11.1 |
Joint exercise of powers |
| 61-16-12 |
District budget ‑ Tax levy ‑ Financing by special assessment |
| 61-16-13 |
District may issue warrants in anticipation of taxes levied to pay current expenses |
| 61-16-14 |
County treasurer to collect and remit taxes to district treasurer ‑ Deposit of district funds |
| 61-16-15 |
Construction and repair of dam ‑ Proposals for ‑ Presented to whom ‑ Hearing proposals |
| 61-16-16 |
Commission and board of commissioners shall encourage construction of dams and other water control devices |
| 61-16-17 |
Dams constructed within a district shall come under control of board of commissioners |
| 61-16-18 |
When dams constructed by federal agency under control of water management district |
| 61-16-19 |
May contract with federal and state governments ‑ Local districts, persons and corporations ‑ Canadian government, provinces and municipalities ‑ Acquire property in adjoining states and provinces |
| 61-16-19.1 |
Contracts for construction or maintenance of project |
| 61-16-20 |
Exemption of federal agencies from provisions of chapter ‑ Purpose of chapter |
| 61-16-21 |
Financing project through special assessments or partly through general taxes and partly through special assessments ‑ Apportionment of benefits |
| 61-16-22 |
Financing of special improvements ‑ Procedure |
| 61-16-23 |
Resolution of board to include provision for protesting and refusing authority to make general tax levy in certain cases ‑ Election to be held |
| 61-16-24 |
When assessments may be made |
| 61-16-25 |
Assessment lists |
| 61-16-26 |
Assessment list to be prepared ‑ Contents ‑ Certificate attached to assessment list ‑ Preparation of assessment list and notice of hearing of objection to list ‑ Alteration of assessments at hearing ‑ Limitations ‑ Confirmation of assessment list of board certifying list ‑ Filing |
| 61-16-26.1 |
Reassessment of benefits |
| 61-16-27 |
Correction of errors, and mistakes in special assessments ‑ Regulations governing |
| 61-16-28 |
Certification of assessments to county auditor |
| 61-16-28.1 |
Removal of an obstruction to a drain ‑ Notice and hearing ‑ Appeal ‑ Injunction ‑ Definition |
| 61-16-29 |
Extension of special assessments on tax lists ‑ Collection ‑ Payment to water management district |
| 61-16-30 |
Lien of special assessment |
| 61-16-31 |
Sale of property when general and special assessment taxes are delinquent |
| 61-16-32 |
Warrants ‑ Issuance ‑ When payable ‑ Amounts ‑ Interest ‑ Interest coupons |
| 61-16-33 |
Warrants may be used in making payments on contract ‑ Warrants payable out of fund on which drawn ‑ May be used to pay special assessments |
| 61-16-34 |
Refunding special assessment warrants ‑ Purposes for which such warrants may be issued ‑ Payment of warrants |
| 61-16-34.1 |
Refunding outstanding refunding warrants ‑ Terms and conditions |
| 61-16-35 |
Financial reports ‑ Liability for deficiencies |
| 61-16-36 |
Appeal from decision of commission or board of commissioners ‑ Undertaking ‑ Jurisdiction |
| 61-16-37 |
Appeal from decision of commission or board of commissioners ‑ How to be taken |
| 61-16-38 |
Time for taking appeal from commission or board of commissioners |
| 61-16-39 |
Filing appeal ‑ Docketing and hearing appeals ‑ Final judgment and sending back |
| 61-16-40 |
State's attorney and attorney general to assist boards ‑ Employment of counsel |
| 61-16-41 |
Construction of bridges and culverts ‑ Cost |
| 61-16-42 |
How district may be dissolved or land excluded therefrom |
| 61-16-43 |
Proceedings to judicially confirm contracts, special assessments and other acts |
| 61-16-44 |
Penalty for violation of chapter |
| 61-16-45 |
Validating organization and acts of water conservation and flood control districts |
| 61-16-46 |
Drains along and across public roads and railroads |
| 61-16-47 |
Construction of bridges and culverts ‑ Costs |
| 61-16-47.1 |
Culvert and pipe arch bids and acceptance |
| 61-16-48 |
Consolidation of water management districts |
| 61-16-49 |
Division of a water management district |
| 61-16-50 |
Closing a noncomplying drain ‑ Notice and hearing ‑ Appeal ‑ Injunction |
| 61-16-51 |
Closing a noncomplying dike or dam ‑ Notice and hearing ‑ Appeal ‑ Injunction |
Chapter 61-16.1 - Operation of Water Resource Districts
| Section |
Section Name |
| 61-16.1-01 |
Legislative intent and purpose |
| 61-16.1-02 |
Definitions |
| 61-16.1-03 |
Water resource districts ‑ Boundaries |
| 61-16.1-04 |
Minutes, books, and records |
| 61-16.1-05 |
Bonds of treasurer and appointive officers |
| 61-16.1-06 |
District budget ‑ Financial report ‑ Tax levy ‑ Financing by special assessment |
| 61-16.1-07 |
District may issue warrants in anticipation of taxes levied to pay current expenses |
| 61-16.1-08 |
County treasurer to collect and remit taxes to district treasurer ‑ Investment of district funds ‑ Expenditure of district funds |
| 61-16.1-09 |
Powers of water resource board |
| 61-16.1-09.1 |
Watercourses, bridges, and low‑water crossings |
| 61-16.1-09.2 |
Release of easements ‑ Procedure |
| 61-16.1-10 |
Responsibilities and duties of water resource board |
| 61-16.1-11 |
Joint exercise of powers (Retroactive application ‑ See note) |
| 61-16.1-12 |
Scope of water resource board's extraterritorial contractual authority ‑ Board may acquire property in adjoining states and provinces |
| 61-16.1-12.1 |
Water resource boards ‑ Agreements with state or federal agencies for certain improvements |
| 61-16.1-13 |
Master plans |
| 61-16.1-14 |
Contracts for construction or maintenance of project |
| 61-16.1-15 |
Initiating project financed through revenue bonds, general taxes, or special assessments ‑ Bond required |
| 61-16.1-15.1 |
Projects or benefits in more than one county |
| 61-16.1-16 |
Revenue bonds |
| 61-16.1-16.1 |
Right of way ‑ How acquired ‑ Assessment of damages ‑ Issuance of warrants |
| 61-16.1-17 |
Assessment projects ‑ Procedure ‑ Engineer report |
| 61-16.1-18 |
Hearing on assessment project ‑ Notice |
| 61-16.1-19 |
Voting on proposed projects ‑ Notice of result |
| 61-16.1-20 |
Voting right or powers of landowners |
| 61-16.1-21 |
Calculating benefits and assessments ‑ Certification |
| 61-16.1-22 |
Assessment list to be published ‑ Notice of hearing ‑ Alteration of assessments ‑ Confirmation of assessment list ‑ Filing |
| 61-16.1-23 |
Appeal to department of water resources |
| 61-16.1-23.1 |
Notice of letting of contracts |
| 61-16.1-23.2 |
Extension of time to contractors ‑ Reletting unfinished part of contract |
| 61-16.1-24 |
When assessments may be made ‑ Prohibition on certain contracts |
| 61-16.1-25 |
Financial reports ‑ Liability for deficiencies |
| 61-16.1-26 |
Reassessment of benefits |
| 61-16.1-26.1 |
Reconveyance of land no longer required for drainage |
| 61-16.1-27 |
Correction of errors and mistakes in special assessments |
| 61-16.1-28 |
Certification of assessments to county auditor |
| 61-16.1-29 |
Extension of special assessments on tax lists ‑ Collection ‑ Payment to district |
| 61-16.1-30 |
Lien of special assessment |
| 61-16.1-31 |
Foreclosure of tax lien on property when general and special assessment taxes are delinquent |
| 61-16.1-32 |
Collection of tax or assessment levied not to be enjoined or declared void ‑ Exceptions |
| 61-16.1-33 |
Water resource board may apportion assessments for benefits of a project against a county or city or any tract of land benefited |
| 61-16.1-34 |
Warrants ‑ When payable ‑ Amounts ‑ Interest ‑ Interest coupons |
| 61-16.1-34.1 |
Drain warrants ‑ Terms and amounts |
| 61-16.1-34.2 |
Settlement of unpaid warrants |
| 61-16.1-35 |
Warrants may be used in making payments on contract ‑ Warrants payable out of fund on which drawn ‑ May be used to pay special assessments |
| 61-16.1-36 |
Refunding special assessment warrants ‑ Purposes for which such warrants may be issued ‑ Payment of warrants |
| 61-16.1-37 |
Commission, department of water resources, and water resource board shall encourage both structural and nonstructural alternatives |
| 61-16.1-38 |
Permit to construct or modify dam, dike, or other device required ‑ Penalty ‑ Emergency |
| 61-16.1-39 |
Dams or other devices constructed within a district shall come under control of a water resource board |
| 61-16.1-39.1 |
Petition for maintenance ‑ Bond required |
| 61-16.1-39.2 |
Maintenance of project ‑ Exception |
| 61-16.1-40 |
When dams constructed by federal agency under control of district |
| 61-16.1-40.1 |
Maintenance of federally constructed projects ‑ Assessment district established |
| 61-16.1-41 |
Permit to drain waters required ‑ Penalty |
| 61-16.1-41.1 |
Removal or placement of fill |
| 61-16.1-42 |
Drains along and across public roads and railroads |
| 61-16.1-43 |
Construction of bridges and culverts ‑ Costs |
| 61-16.1-43.1 |
Assessment drain culverts |
| 61-16.1-44 |
Culvert and pipe arch bids and acceptance |
| 61-16.1-45 |
Maintenance of drainage projects |
| 61-16.1-46 |
Establishing new drains in location of invalid or abandoned drain |
| 61-16.1-47 |
Drain kept open and in repair by water resource board |
| 61-16.1-48 |
Assessment of costs of cleaning and repairing drains |
| 61-16.1-49 |
Petition for a lateral drain ‑ Bond of petitioners |
| 61-16.1-49.1 |
Designation of lateral drain |
| 61-16.1-50 |
Drains having a common outlet may be consolidated |
| 61-16.1-50.1 |
Procedure to construct or extend an assessment drain through or into two or more counties |
| 61-16.1-51 |
Removal of obstructions to drain ‑ Notice and hearing ‑ Appeal ‑ Injunction ‑ Definition |
| 61-16.1-52 |
Closing a noncomplying drain ‑ Notice and hearing ‑ Appeal ‑ Injunction |
| 61-16.1-52.1 |
Closing of noncomplying drain ‑ Notice and hearing ‑ Appeal ‑ Injunction |
| 61-16.1-53 |
Removal of a noncomplying dike, dam, or other device ‑ Notice and hearing ‑ Appeal ‑ Injunction |
| 61-16.1-53.1 |
Appeal of board decisions ‑ Department of water resources review ‑ Closing of noncomplying dams, dikes, or other devices for water conservation, flood control, regulation, and watershed improvement |
| 61-16.1-54 |
Appeal from decision of water resource board ‑ Undertaking ‑ Jurisdiction |
| 61-16.1-55 |
Appeal from decision of water resource board ‑ How to be taken |
| 61-16.1-56 |
Time for taking appeal from water resource board decision |
| 61-16.1-57 |
Filing appeal ‑ Docketing and hearing appeals ‑ Final judgment and sending back |
| 61-16.1-58 |
Attorney general to assist boards ‑ Employment of counsel |
| 61-16.1-59 |
Proceedings to confirm contracts, special assessments, and other acts |
| 61-16.1-59.1 |
Sinking funds and bonds |
| 61-16.1-59.2 |
Existing obligations and regulations |
| 61-16.1-60 |
Authorization to organize association of water resource districts |
| 61-16.1-61 |
Water resource districts ‑ Assumption of assets and liabilities of drain boards |
| 61-16.1-62 |
Validating organization and acts of water resource districts and county drain boards |
| 61-16.1-63 |
Penalty for violation of chapter |
Chapter 61-16.2 - Floodplain Management
Chapter 61-17 - Tri-State Water Compact [Repealed]
Chapter 61-18 - Erection and Maintenance of Dams [Repealed]
Chapter 61-19 - Revetment Works [Repealed]
Chapter 61-20 - Artesian Wells
| Section |
Section Name |
| 61-20-01 |
Valve or valves required on artesian well ‑ Flow permitted from artesian wells ‑ Preventing flow |
| 61-20-02 |
Drilling artesian or flowing well ‑ Requirements |
| 61-20-03 |
Wild wells |
| 61-20-04 |
Artesian or flowing wells ‑ Penalty for certain actions |
| 61-20-05 |
Township and county assessors shall list all artesian and flowing wells annually ‑ Forwarding data to state water commission |
| 61-20-06 |
Duties of the department of water resources |
| 61-20-07 |
Enforcement of chapter ‑ Appeal |
| 61-20-08 |
Deputy ‑ Appointment by state geologist ‑ Removal ‑ Salary |
Chapter 61-21 - Drainage Assessment Projects [Repealed]
Chapter 61-21.1 - Water Project Development [Repealed]
Chapter 61-22 - Township Projects [Repealed]
Chapter 61-23 - Yellowstone River Compact
| Section |
Section Name |
| 61-23-01 |
Ratification of Yellowstone River Compact between the states of Montana, North Dakota, and Wyoming |
| 61-23-02 |
Compact not binding until approved by other states and the Congress of the United States ‑ Governor to give notice of ratification |
Chapter 61-24 - Garrison Diversion Conservancy District
| Section |
Section Name |
| 61-24-01 |
Development and utilization of land and water resources declared a public purpose ‑ Declaration of intention ‑ Interpretation |
| 61-24-02 |
Garrison Diversion Conservancy District created |
| 61-24-03 |
Election of directors of the Garrison Diversion Conservancy District |
| 61-24-03.1 |
Filling vacancy of director on general election ballot |
| 61-24-04 |
Compensation of directors |
| 61-24-05 |
Term of office of directors ‑ Oath of office ‑ Bonds |
| 61-24-06 |
Meetings of the board ‑ Quorum ‑ Board to adopt rules, regulations, and bylaws |
| 61-24-07 |
Attorney general shall act as legal adviser ‑ Department of water resources to assist board ‑ Employment of counsel and engineers |
| 61-24-08 |
Powers and duties of the district board of directors |
| 61-24-09 |
District budget ‑ Determination of amount to be levied ‑ Adoption of levy ‑ Limitation |
| 61-24-10 |
Certified copies of levy and budget sent to county auditors |
| 61-24-11 |
County auditors to extend tax levy |
| 61-24-12 |
County treasurers to collect and remit district taxes |
| 61-24-13 |
District may enter into contract for the construction, operation, and maintenance of works |
| 61-24-14 |
When contract is approved |
| 61-24-15 |
Proceedings to confirm contract |
| 61-24-16 |
County may be excluded from conservancy district if not benefited |
| 61-24-17 |
Appeal from orders of district board |
| 61-24-18 |
State and political subdivisions contracting with the bureau of reclamation ‑ Roads |
| 61-24-19 |
Easement granted for ditches, pipelines, canals, tramways, and transmission lines on any public lands |
| 61-24-19.1 |
Permanent easements ‑ Limitations |
| 61-24-20 |
Director of agricultural experiment station to determine best management practices ‑ Reports to the Garrison Diversion Conservancy District ‑ Monitoring of ground water quality |
| 61-24-21 |
District to allocate water in accordance with best management practices |
| 61-24-22 |
Resolution authorizing the issuance of revenue bonds |
| 61-24-23 |
Provisions governing bonds |
| 61-24-24 |
Sale of bonds ‑ When private sale authorized ‑ Public sale and notice |
| 61-24-25 |
Notes issued pending preparation of bonds ‑ Negotiability |
| 61-24-26 |
Validity of notes and bonds |
| 61-24-27 |
Notes and bonds exempt from taxation |
| 61-24-28 |
Covenants and provisions that may be inserted in resolution authorizing bonds |
| 61-24-29 |
Liability of district for notes and bonds ‑ Taxing power prohibited |
| 61-24-30 |
Duties of district and officers relative to the issuance of bonds |
| 61-24-31 |
Remedies of bondholders in general |
| 61-24-32 |
Bonds as legal investments and security |
Chapter 61-24.1 - Garrison Diversion Mitigation and Enhancement Lands Commission [Repealed]
Chapter 61-24.2 - West River Water Supply District [Repealed]
Chapter 61-24.3 - Southwest Pipeline Project
| Section |
Section Name |
| 61-24.3-01 |
Legislative findings and intent |
| 61-24.3-02 |
Definitions |
| 61-24.3-03 |
Authorization of southwest pipeline project |
| 61-24.3-03.1 |
Preference for resident pipeline manufacturers and bidders for labor and services |
| 61-24.3-04 |
Water treatment |
| 61-24.3-05 |
Intake structure |
| 61-24.3-06 |
Secondary transmission mains |
| 61-24.3-06.1 |
Water distribution lines |
| 61-24.3-07 |
Capacity for industrial use |
| 61-24.3-08 |
Capacity for South Dakota users |
| 61-24.3-09 |
Pipeline construction standards |
| 61-24.3-10 |
Commission to construct, operate, and maintain southwest pipeline project ‑ Rules made by commission |
| 61-24.3-10.1 |
Deposits of income |
| 61-24.3-11 |
Commission to fix water rates for the southwest pipeline project |
| 61-24.3-12 |
Operation and maintenance ‑ Commission to employ manager and employees |
| 61-24.3-13 |
Removal and discharge of appointees |
| 61-24.3-14 |
Operation and maintenance fund |
| 61-24.3-15 |
Revenues for operation and maintenance ‑ Deposit ‑ Use |
| 61-24.3-16 |
Reserve fund for replacement |
| 61-24.3-17 |
Revenues for replacement ‑ Deposit ‑ Use |
| 61-24.3-18 |
Water rates for capital costs ‑ Deposit |
| 61-24.3-19 |
Validation of water service contracts |
| 61-24.3-20 |
Other pipelines ‑ Commission approval required |
| 61-24.3-21 |
Authorization of facilities ‑ Water service areas |
Chapter 61-24.4 - Southwest Pipeline Series Bonds [Repealed]
Chapter 61-24.5 - Southwest Water Authority
| Section |
Section Name |
| 61-24.5-01 |
Findings and declaration of policy |
| 61-24.5-02 |
Definitions |
| 61-24.5-03 |
Southwest water authority created |
| 61-24.5-04 |
Board of directors ‑ Officers ‑ Meetings ‑ Compensation |
| 61-24.5-05 |
Initial board of directors |
| 61-24.5-06 |
Election of county directors of the southwest water authority |
| 61-24.5-07 |
Election of city directors of the southwest water authority |
| 61-24.5-08 |
Term of office of directors ‑ Oath of office ‑ Bonds |
| 61-24.5-09 |
Powers and duties of the district board of directors |
| 61-24.5-10 |
District budget ‑ Tax levy |
| 61-24.5-11 |
District budget ‑ Determination of amount to be levied ‑ Adoption of levy ‑ Limitation |
| 61-24.5-12 |
Board to certify mill levy to city auditors, county auditors, and state tax commissioner |
| 61-24.5-13 |
County auditors to extend tax levy |
| 61-24.5-14 |
County treasurer or city auditor to collect and remit district taxes ‑ District fund established ‑ Nonreverter ‑ Disbursements |
| 61-24.5-15 |
Proceedings to confirm contract |
| 61-24.5-16 |
Procedure for exclusion from authority of county not benefited |
| 61-24.5-17 |
Appeal from orders of authority board |
| 61-24.5-18 |
Easement granted for ditches, canals, tramways, and transmission lines on any public lands |
| 61-24.5-19 |
Operation and maintenance fund |
| 61-24.5-20 |
Revenues for operation and maintenance ‑ Deposit ‑ Use |
| 61-24.5-21 |
Reserve fund for replacement |
| 61-24.5-22 |
Revenues for replacement ‑ Deposit ‑ Use |
Chapter 61-24.6 - Northwest Area Water Supply Project
| Section |
Section Name |
| 61-24.6-01 |
Findings and declaration of policy |
| 61-24.6-02 |
Northwest area water supply authority ‑ Created |
| 61-24.6-03 |
Northwest area water supply authority ‑ Duty ‑ Officers ‑ Meetings ‑ Compensation ‑ Staffing |
| 61-24.6-04 |
Powers of the state water commission in consultation with the northwest area water supply authority |
| 61-24.6-05 |
Department of water resources ‑ Employment of staff |
| 61-24.6-06 |
Commission to fix water rates for the northwest area water supply project |
| 61-24.6-07 |
Operation and maintenance fund ‑ Deposit ‑ Use |
| 61-24.6-08 |
Reserve fund for replacement ‑ Deposit ‑ Use |
| 61-24.6-08.1 |
Biota water treatment plant operating fund - Continuing appropriation |
| 61-24.6-09 |
Capital costs ‑ Deposit ‑ Use |
| 61-24.6-10 |
Areas served by the northwest area water supply project |
| 61-24.6-11 |
Commission has authority to sell property |
Chapter 61-24.7 - Red River Valley Water Supply Project
| Section |
Section Name |
| 61-24.7-01 |
Legislative findings and intent ‑ Authority to issue bonds |
| 61-24.7-02 |
Funding ‑ Red River valley water supply project ‑ Bond issuance amount |
| 61-24.7-03 |
Limitation of action |
| 61-24.7-04 |
Bonds payable from water development trust fund |
| 61-24.7-05 |
State funding plan |
Chapter 61-24.8 - Garrison Diversion Conservancy District Irrigation Special Assessments
| Section |
Section Name |
| 61-24.8-01 |
Definitions |
| 61-24.8-02 |
Financing project through improvement bonds or special assessments ‑ Apportionment of benefits |
| 61-24.8-03 |
Resolution authorizing project and the issuance of revenue bonds |
| 61-24.8-04 |
Construction |
| 61-24.8-05 |
Power of district to defray expense of improvements by special assessments |
| 61-24.8-06 |
Condemnation of land and rights of way for special improvements ‑ Taking of possession - Trial - Appeal - Vacation of judgment |
| 61-24.8-07 |
Improvement districts to be created |
| 61-24.8-08 |
Size and form of improvement districts - Regulations governing |
| 61-24.8-09 |
Engineer's report required - Contents |
| 61-24.8-10 |
Approval of plans, specifications, and estimates |
| 61-24.8-11 |
District engineer to retain copy of plans, specifications, and estimates - Sale of copies |
| 61-24.8-12 |
Plans, specifications, and estimates filed in office of district |
| 61-24.8-13 |
Hearing - Notice - Contents |
| 61-24.8-14 |
Voting on proposed projects |
| 61-24.8-15 |
Voting right or powers of landowners |
| 61-24.8-16 |
Assessment of cost of project |
| 61-24.8-17 |
Assessment list to be published - Notice of hearing - Alteration of assessments - Confirmation of assessment list - Filing |
| 61-24.8-18 |
Appeal to department of water resources |
| 61-24.8-19 |
When assessments may be made |
| 61-24.8-20 |
Correction of errors and mistakes in special assessments - Requirements governing |
| 61-24.8-21 |
Lien of special assessment |
| 61-24.8-22 |
Irrigation improvements in districts - Paid by service charges |
| 61-24.8-23 |
Abbreviations, letters, or figures |
| 61-24.8-24 |
Record of improvements - Record as evidence |
| 61-24.8-25 |
Defects and irregularities in improvement proceedings |
| 61-24.8-26 |
Payment of special assessments - Interest |
| 61-24.8-27 |
Lien between vendor and vendee of special assessments |
| 61-24.8-28 |
Irrigation special assessments extended over a period of not more than thirty years |
| 61-24.8-29 |
Payments in full of assessments - Payments to county treasurer or district treasurer - Receipts |
| 61-24.8-30 |
Certification of assessments to county auditor |
| 61-24.8-31 |
District treasurer to insert amount of improvements in county real estate book or other forms - Regulations governing |
| 61-24.8-32 |
Extension of special assessments on tax lists - Collection - Payment over to district |
| 61-24.8-33 |
Special assessment record book kept by county auditor - Assessments certified for more than one year |
| 61-24.8-34 |
County treasurer to certify and receipt for amount of special assessments collected - Contents of certificate - Procedure for abatement |
| 61-24.8-35 |
Interest and penalties added to special assessments - County treasurer to collect and pay over |
| 61-24.8-36 |
Special improvement moneys to be kept separate - Designation and numbering of funds - Diversion of moneys prohibited |
| 61-24.8-37 |
Bonds - When payable - Amounts - Interest |
| 61-24.8-38 |
Bonds may be used in making payments on contract - Bonds payable out of fund on which drawn - May be used to pay special assessments |
| 61-24.8-39 |
Refunding special assessment bonds - Purposes for which such bonds may be issued - Payment of bonds |
| 61-24.8-40 |
Foreclosure of tax lien on property when general and special assessment taxes are delinquent |
| 61-24.8-41 |
Contracts for construction or maintenance of project |
Chapter 61-25 - Reclamation Districts [Repealed]
Chapter 61-26 - City Joint Use of Drains
| Section |
Section Name |
| 61-26-01 |
Application for joint drain |
| 61-26-02 |
Hearing on joint drain |
| 61-26-03 |
Payments for city joint drain |
Chapter 61-27 - Boating Regulations [Repealed]
Chapter 61-28 - Control, Prevention, and Abatement of Pollution of Surface Waters
Chapter 61-28.1 - Safe Drinking Water Act
Chapter 61-28.2 - Water Pollution Control Revolving Loan Fund
| Section |
Section Name |
| 61-28.2-01 |
Water pollution control revolving loan fund program ‑ Purposes ‑ Establishment ‑ Capitalization of fund ‑ Disposition of moneys ‑ Administration |
Chapter 61-29 - Little Missouri State Scenic River Act
Chapter 61-30 - Lake Protection and Rehabilitation [Repealed]
Chapter 61-31 - Waterbank Program
Chapter 61-32 - Drainage
| Section |
Section Name |
| 61-32-01 |
Legislative policy and intent |
| 61-32-02 |
Definitions |
| 61-32-03 |
Permit to drain waters required ‑ Penalty |
| 61-32-03.1 |
Permit to drain subsurface waters required ‑ Permit form ‑ Penalty |
| 61-32-03.2 |
Smaller subsurface water management systems ‑ Notification and conditions ‑ Penalty |
| 61-32-03.3 |
Smaller subsurface water management systems ‑ Notification and conditions ‑ Penalty |
| 61-32-04 |
Administration ‑ Rulemaking authority ‑ Guidelines |
| 61-32-05 |
Wetlands bank |
| 61-32-06 |
Uniform wetlands classification |
| 61-32-07 |
Closing a noncomplying drain ‑ Notice and hearing ‑ Appeal ‑ Injunction ‑ Frivolous complaints |
| 61-32-08 |
Appeal of board decisions ‑ Department of water resources review ‑ Closing of noncomplying drains |
| 61-32-09 |
Wetlands replacement fund ‑ Continuing appropriation |
| 61-32-10 |
Exemption |
| 61-32-11 |
Application of prior law |
Chapter 61-33 - Sovereign Land Management
| Section |
Section Name |
| 61-33-01 |
Definitions |
| 61-33-01.1 |
Ordinary high water mark determination ‑ Factors to be considered |
| 61-33-02 |
Administration of sovereign lands |
| 61-33-03 |
Transfer of possessory interests in real property |
| 61-33-04 |
Existing contracts and encumbrances recognized |
| 61-33-05 |
Duties and powers of the department of water resources |
| 61-33-05.1 |
Navigability determinations |
| 61-33-06 |
Duties and powers of the board of university and school lands |
| 61-33-07 |
Deposit of income |
| 61-33-08 |
Advisory board ‑ Responsibilities |
| 61-33-09 |
Members of the board ‑ Organization ‑ Meetings |
| 61-33-10 |
Penalty |
Chapter 61-33.1 - State Ownership of Missouri Riverbed
| Section |
Section Name |
| 61-33.1-01 |
Definitions (Retroactive application ‑ See note) |
| 61-33.1-02 |
Mineral ownership of land subject to inundation by Pick‑Sloan Missouri basin project dams (Retroactive application ‑ See note) |
| 61-33.1-03 |
Determination of the ordinary high water mark of the historical Missouri riverbed channel (Retroactive application ‑ See note) |
| 61-33.1-04 |
Implementation (Retroactive application ‑ See note) |
| 61-33.1-05 |
Actions challenging review findings or final acreage determinations (Retroactive application ‑ See note) |
| 61-33.1-06 |
Public domain lands (Retroactive application ‑ See note) |
| 61-33.1-07 |
Department of water resources regulatory jurisdiction (Retroactive application ‑ See note) |
Chapter 61-34 - Drought Disaster Livestock Water Assistance Program
| Section |
Section Name |
| 61-34-01 |
Definitions |
| 61-34-02 |
Drought disaster livestock water assistance program ‑ Administration |
| 61-34-03 |
Advisory committee |
| 61-34-04 |
Eligibility ‑ Application for assistance |
Chapter 61-35 - Water Districts
| Section |
Section Name |
| 61-35-01 |
Definitions |
| 61-35-02 |
Petition |
| 61-35-02.1 |
Conversion of water resource district water supply system to water district |
| 61-35-03 |
Petition contents |
| 61-35-04 |
Hearing after filing |
| 61-35-05 |
Contents of notice |
| 61-35-06 |
Appearances |
| 61-35-07 |
Findings ‑ Order |
| 61-35-08 |
Meeting of members ‑ Election of board |
| 61-35-09 |
Bylaws submitted at special meeting |
| 61-35-10 |
Directors divided into classes ‑ Terms ‑ Vacancies |
| 61-35-11 |
Board meetings |
| 61-35-12 |
Powers of district board |
| 61-35-13 |
Contracts for construction or maintenance of a project |
| 61-35-14 |
Financing project through improvement bonds or special assessments ‑ Apportionment of benefits |
| 61-35-15 |
Revenue bonds |
| 61-35-16 |
Plans and specifications |
| 61-35-17 |
Selling water |
| 61-35-18 |
Inclusion of property in district ‑ Inclusion of municipality ‑ Merger |
| 61-35-19 |
Taxing prohibited |
| 61-35-20 |
Exclusion of real property from district |
| 61-35-21 |
Inactive district dissolved |
| 61-35-22 |
Hearing |
| 61-35-23 |
Disposition of assets |
| 61-35-24 |
Not exempt from other requirements |
| 61-35-25 |
Alternate operation by nonprofit corporation or cooperative |
| 61-35-26 |
Annexation of land by a municipality |
| 61-35-26.1 |
Statement of intent |
| 61-35-26.2 |
Plans for water service by providers ‑ Filing plans ‑ Existing agreements |
| 61-35-26.3 |
State water commission funding |
| 61-35-26.4 |
Water service agreement ‑ Mediation ‑ Administrative law judge |
| 61-35-27 |
Personal liability |
| 61-35-28 |
Proceedings to confirm contracts, special assessments, and other acts |
| 61-35-29 |
Authorization to organize association of rural water systems |
| 61-35-30 |
Resolution authorizing project and the issuance of revenue bonds |
| 61-35-31 |
Refunding bonds authorized by resolution ‑ Adoption ‑ Taking effect |
| 61-35-32 |
Cost of project ‑ How determined |
| 61-35-33 |
Provisions governing bonds |
| 61-35-34 |
Sale of bonds ‑ When private sale authorized ‑ Public sale and notice |
| 61-35-35 |
Bonds and receipts or certificates issued pending preparation of bonds ‑ Negotiability |
| 61-35-36 |
Validity of bonds |
| 61-35-37 |
Bonds exempt from taxation |
| 61-35-38 |
Covenants that may be inserted in resolution authorizing bonds |
| 61-35-39 |
Liability of district for bonds ‑ Taxing power prohibited ‑ Bond not a lien |
| 61-35-40 |
Duties of district and officers |
| 61-35-41 |
Remedies of bondholders in general |
| 61-35-42 |
Receiver of project ‑ When appointed |
| 61-35-43 |
Powers and duties of receiver of project |
| 61-35-44 |
Court may direct receiver to surrender possession of project |
| 61-35-45 |
Receiver subject to jurisdiction of court ‑ Jurisdiction of court |
| 61-35-46 |
Construction |
| 61-35-47 |
Limitations on authorizations contained in chapter ‑ Effect of chapter on bonds issued before August 1, 1995 |
| 61-35-48 |
Power of district to defray expense of improvements by special assessments |
| 61-35-49 |
Waterworks and water mains ‑ Acquisition of waterworks, sewage treatment and disposal plants, and sewer systems |
| 61-35-50 |
Acquiring property for sewers, water mains, and water supply beyond district limits |
| 61-35-51 |
Condemnation of land and rights of way for special improvements ‑ Taking of possession ‑ Trial ‑ Appeal ‑ Vacation of judgment |
| 61-35-52 |
Improvement districts to be created |
| 61-35-53 |
Size and form of improvement districts ‑ Regulations governing |
| 61-35-54 |
Engineer's report required ‑ Contents |
| 61-35-55 |
Approval of plans, specifications, and estimates |
| 61-35-56 |
District engineer to retain copy of plans, specifications, and estimates ‑ Sale of copies |
| 61-35-57 |
Plans, specifications, and estimates filed in office of district |
| 61-35-58 |
Hearing ‑ Notice ‑ Contents |
| 61-35-59 |
Voting on proposed projects |
| 61-35-60 |
Voting right or powers of landowners |
| 61-35-61 |
Assessment of cost of project |
| 61-35-62 |
Assessment list to be published ‑ Notice of hearing ‑ Alteration of assessments ‑ Confirmation of assessment list ‑ Filing |
| 61-35-63 |
Appeal to department of water resources |
| 61-35-64 |
When assessments may be made |
| 61-35-65 |
Reassessment of benefits |
| 61-35-66 |
Correction of errors and mistakes in special assessments ‑ Requirements governing |
| 61-35-67 |
Lien of special assessment |
| 61-35-68 |
Sewer or water improvements in districts may be paid for by service charges |
| 61-35-69 |
Abbreviations, letters, or figures may be used in proceedings for levy and collection of special assessments |
| 61-35-70 |
District office to keep complete record of improvements ‑ Record as evidence |
| 61-35-71 |
Defects and irregularities in improvement proceedings are not fatal |
| 61-35-72 |
Payment of special assessments ‑ Interest |
| 61-35-73 |
Lien between vendor and vendee of special assessments |
| 61-35-74 |
Sewer special assessments extended over a period of not more than thirty years |
| 61-35-75 |
Water main and waterworks special assessments extended over a period of not more than thirty years |
| 61-35-76 |
Payments in full of assessments ‑ Payments to county treasurer or district treasurer ‑ Receipts |
| 61-35-77 |
Certification of assessments to county auditor |
| 61-35-78 |
District treasurer to insert amount of improvements in county real estate book or other forms ‑ Regulations governing |
| 61-35-79 |
Extension of special assessments on tax lists ‑ Collection ‑ Payment over to district |
| 61-35-80 |
Special assessment record book kept by county auditor ‑ Assessments certified for more than one year |
| 61-35-81 |
County treasurer to certify and receipt for amount of special assessments collected ‑ Contents of certificate ‑ Procedure for abatement |
| 61-35-82 |
Interest and penalties added to special assessments ‑ County treasurer to collect and pay over |
| 61-35-83 |
Special improvement moneys to be kept separate ‑ Designation and numbering of funds ‑ Diversion of moneys prohibited |
| 61-35-84 |
Bonds ‑ When payable ‑ Amounts ‑ Interest |
| 61-35-85 |
Bonds may be used in making payments on contract ‑ Bonds payable out of fund on which drawn ‑ May be used to pay special assessments |
| 61-35-86 |
Refunding special assessment bonds ‑ Purposes for which such bonds may be issued ‑ Payment of bonds |
| 61-35-87 |
Foreclosure of tax lien on property when general and special assessment taxes are delinquent |
| 61-35-88 |
Call for bids ‑ Contents ‑ Advertising |
| 61-35-89 |
Bid to be accompanied by a bond ‑ Bond retained upon failure of bidder to contract ‑ Amount of bond |
| 61-35-90 |
Execution of bidder's bond |
| 61-35-91 |
Conditions of bidder's bond |
| 61-35-92 |
Bids ‑ Filing ‑ Sealing ‑ Endorsing ‑ Opening ‑ Considering |
| 61-35-93 |
Opening of bids ‑ Bids to be entered on minutes |
| 61-35-94 |
Rejection of bids ‑ Readvertising for bids or construction by district without contract ‑ Re-evaluation of project |
| 61-35-95 |
Engineer's statement of estimated cost required ‑ Board to enter into contracts |
| 61-35-96 |
Contractor's bond ‑ Execution |
| 61-35-97 |
Conditions for contractor's bond |
| 61-35-98 |
Approval of bonds ‑ Return of bidder's bond |
| 61-35-99 |
Failure to execute contractor's bond |
| 61-35-100 |
Insufficiency of bonds ‑ New bonds required ‑ Failure to furnish |
| 61-35-101 |
Execution and filing of contract |
| 61-35-102 |
Conditions and terms |
| 61-35-103 |
Contractor to be paid during progress of work ‑ Retainage ‑ Failure to pay ‑ Rate of interest ‑ Investment of retainage |
Chapter 61-36 - Devils Lake Outlet Committee [Repealed]
Chapter 61-37 - Irrigation District Finance Program
| Section |
Section Name |
| 61-37-01 |
Definitions |
| 61-37-02 |
Creation of program |
| 61-37-03 |
Participation voluntary ‑ Agreement to participate |
| 61-37-04 |
Guarantee, lending, and borrowing powers |
| 61-37-05 |
How bonds or guarantees may be secured |
| 61-37-06 |
Powers |
| 61-37-07 |
Guarantee of the program |
| 61-37-08 |
Bonds of the program |
| 61-37-09 |
Pledges |
| 61-37-10 |
Reserve fund |
| 61-37-11 |
Additional reserves and funds |
| 61-37-12 |
Personal liability ‑ Purchase of bonds ‑ Bonds as legal investments ‑ Security |
| 61-37-13 |
Tax exemptions ‑ Exemption of property from execution sale |
| 61-37-14 |
Insurance or guaranty |
| 61-37-15 |
Remedies on default of municipal securities |
| 61-37-16 |
Form of municipal securities and investments |
| 61-37-17 |
Presumption of validity |
| 61-37-18 |
Protection of service during term of guarantee or loan |
Chapter 61-38 - Dredged and Fill Material Disposal
| Section |
Section Name |
| 61-38-01 |
Definitions (Contingent effective date ‑ See note) |
| 61-38-02 |
Powers (Contingent effective date ‑ See note) |
| 61-38-03 |
Permits ‑ Certification from department of health and human services required (Contingent effective date ‑ See note) |
| 61-38-04 |
Specification of disposal sites (Contingent effective date ‑ See note) |
| 61-38-05 |
Discharge of dredged or fill material ‑ Permit required ‑ Exceptions (Contingent effective date ‑ See note) |
| 61-38-06 |
General permits (Contingent effective date ‑ See note) |
| 61-38-07 |
Emergency permits (Contingent effective date ‑ See note) |
| 61-38-08 |
Permit application ‑ Notice ‑ Hearing (Contingent effective date ‑ See note) |
| 61-38-09 |
Proceedings (Contingent effective date ‑ See note) |
| 61-38-10 |
Penalties (Contingent effective date ‑ See note) |
| 61-38-11 |
Restoration (Contingent effective date ‑ See note) |
Chapter 61-39 - Lake Agassiz Water Authority
| Section |
Section Name |
| 61-39-01 |
Findings and declaration of policy |
| 61-39-02 |
Lake Agassiz water authority created |
| 61-39-03 |
Lake Agassiz water authority ‑ Board of directors |
| 61-39-04 |
Board of directors ‑ Officers ‑ Meetings |
| 61-39-04.1 |
State project authorized |
| 61-39-05 |
Authority of the Lake Agassiz water authority |
| 61-39-06 |
Resolution authorizing the issuance of revenue bonds |
| 61-39-07 |
Provisions governing bonds |
| 61-39-08 |
Sale of bonds ‑ When private sale authorized ‑ Public sale and notice |
| 61-39-09 |
Notes issued pending preparation of bonds ‑ Negotiability |
| 61-39-10 |
Validity of notes and bonds |
| 61-39-11 |
Notes and bonds exempt from taxation |
| 61-39-12 |
Covenants and provisions that may be inserted in resolution authorizing bonds |
| 61-39-13 |
Liability of authority for notes and bonds ‑ Taxing power prohibited |
| 61-39-14 |
Duties of authority and officers relative to the issuance of bonds |
| 61-39-15 |
Remedies of bondholders in general |
| 61-39-16 |
Project ‑ Definition |
Chapter 61-40 - Western Area Water Supply Authority
| Section |
Section Name |
| 61-40-01 |
Legislative declarations - Authority of western area water supply authority |
| 61-40-02 |
Western area water supply authority |
| 61-40-03 |
Western area water supply authority - Board of directors |
| 61-40-04 |
Board of directors ‑ Officers ‑ Meetings |
| 61-40-05 |
Authority of the western area water supply authority |
| 61-40-05.1 |
Revenue bonds and bonds exempt from taxation |
| 61-40-06 |
Oversight of authority projects |
| 61-40-07 |
Easement granted for pipelines and appurtenant facilities on any public lands |
| 61-40-08 |
Proceedings to judicially confirm contracts and other acts |
| 61-40-09 |
Default |
| 61-40-10 |
Industrial water depot and lateral sales |
| 61-40-11 |
Water rates |
| 61-40-12 |
Construction funding |
| 61-40-13 |
Franchise protection |
| 61-40-14 |
Western area water supply authority ‑ Bank of North Dakota loan ‑ Transfer |
| 61-40-15 |
Western area water supply authority accrued and unpaid interest |
Chapter 61-41 - Water Policy and Projects
| Section |
Section Name |
| 61-41-01 |
Declaration of policy |
| 61-41-02 |
Legislative intent - Reports to legislative assembly |
| 61-41-03 |
Mouse River enhanced flood control project |
| 61-41-04 |
Lower Heart River, Morton County, enhanced flood control project |
| 61-41-05 |
Southwest pipeline project - Report to legislative assembly |
| 61-41-06 |
Garrison diversion unit |
| 61-41-07 |
Fargo-Moorhead flood control project |
Title 62 - Weapons
Title 62 - Weapons
Title 62.1 - Weapons
Chapter 62.1-01 - Definitions - General Provisions
| Section |
Section Name |
| 62.1-01-01 |
General definitions |
| 62.1-01-02 |
Forfeiture of dangerous weapon or firearm by person arrested and convicted of crime |
| 62.1-01-03 |
Limitation on authority of political subdivision regarding firearms ‑ Civil action |
| 62.1-01-03.1 |
Federal firearms laws ‑ Limitations on enforcement |
| 62.1-01-04 |
Firearm buyback program ‑ Prohibited |
| 62.1-01-05 |
Law enforcement agency and concealed weapons test administrator certification - Records |
Chapter 62.1-02 - Possession of Weapons
| Section |
Section Name |
| 62.1-02-01 |
Persons who are not to possess firearms ‑ Penalty |
| 62.1-02-01.1 |
Restoration of right to possess firearm |
| 62.1-02-01.2 |
Mental disability and the possession of firearms |
| 62.1-02-02 |
Sale of handgun regulated ‑ Penalty |
| 62.1-02-03 |
Possession or sale of short‑barreled rifle or shotgun ‑ Penalty ‑ Application |
| 62.1-02-04 |
Possession of firearm or dangerous weapon in liquor establishment prohibited ‑ Penalty ‑ Exceptions |
| 62.1-02-05 |
Possession of a firearm or dangerous weapon at a public gathering ‑ Penalty ‑ Application |
| 62.1-02-05.1 |
Brandishing a dangerous weapon |
| 62.1-02-06 |
Discharge of firearm within city ‑ Penalty ‑ Application |
| 62.1-02-07 |
Use of firearm by certain minors prohibited ‑ Penalty |
| 62.1-02-08 |
Illegal firearms, ammunition, or explosive materials business |
| 62.1-02-09 |
Possession of explosive and destructive device in government building ‑ Penalty |
| 62.1-02-10 |
Carrying loaded firearm in certain vehicles prohibited ‑ Penalty ‑ Exceptions |
| 62.1-02-10.1 |
Carrying a loaded firearm in vehicle while hunting - Penalty |
| 62.1-02-11 |
Possessing explosive prohibited ‑ Exception ‑ Penalty |
| 62.1-02-12 |
Resident may purchase rifle or shotgun in contiguous state ‑ Application ‑ Definitions |
| 62.1-02-13 |
Possession of secured firearm ‑ Prohibition by employer prohibited |
| 62.1-02-14 |
Armed first responder in schools ‑ Possession of a concealed weapon ‑ Liability |
Chapter 62.1-03 - Handguns
| Section |
Section Name |
| 62.1-03-01 |
Carrying handgun ‑ Limitations ‑ Exceptions |
| 62.1-03-02 |
Selling handgun to minors prohibited ‑ Penalty |
| 62.1-03-03 |
Copy of federal license submitted to law enforcement officials |
| 62.1-03-04 |
False information prohibited |
| 62.1-03-05 |
Prohibited alterations to firearms |
| 62.1-03-06 |
General penalty |
Chapter 62.1-04 - Concealed Weapons
| Section |
Section Name |
| 62.1-04-01 |
Definition of concealed |
| 62.1-04-02 |
Carrying concealed firearms or dangerous weapons ‑ License distinctions |
| 62.1-04-03 |
License to carry a firearm or dangerous weapon concealed ‑ Class 1 firearm license and class 2 firearm and dangerous weapon license |
| 62.1-04-03.1 |
Reciprocity |
| 62.1-04-04 |
Producing license upon request ‑ Penalty |
| 62.1-04-05 |
Penalty |
Chapter 62.1-05 - Machine Guns, Automatic Rifles, Silencers, Bombs
| Section |
Section Name |
| 62.1-05-01 |
Possession and sale of machine guns, automatic rifles, silencers, and bombs ‑ Penalty ‑ Forfeiture |
| 62.1-05-02 |
Persons exempt from chapter |
| 62.1-05-03 |
Chief law enforcement officer certification - Certain firearms |
Title 63 - Weeds
Chapter 63-01 - Destruction of Noxious Weeds Generally [Repealed]
Chapter 63-01.1 - Noxious Weed Control [Repealed]
Chapter 63-02 - Noxious Weed Commission [Repealed]
Chapter 63-03 - Weeds on Highways [Repealed]
Chapter 63-04 - Barberry Bushes and Hedges [Repealed]
Chapter 63-05 - Cutting Weeds and Grasses on Highways
| Section |
Section Name |
| 63-05-01 |
Landowners or operators along county and township highways to cut weeds and grasses |
| 63-05-02 |
Designation of time for cutting ‑ Notice |
| 63-05-03 |
Failure to cut weeds and grasses ‑ Expenses levied as taxes against land |
| 63-05-04 |
Definition of operator |
Title 64 - Weights, Measures, and Grades
Chapter 64-01 - General Units of Weights and Measures
Chapter 64-02 - Weighing and Measuring Devices
| Section |
Section Name |
| 64-02-01 |
Definitions |
| 64-02-02 |
Weights and measures ‑ Supervision by public service commission ‑ Installation of weighing or measuring devices under special variance permit |
| 64-02-03 |
Commission rules |
| 64-02-04 |
Tolerance ‑ Uniformity established by commission |
| 64-02-05 |
Employees ‑ Compensation |
| 64-02-05.1 |
Director of weights and measures |
| 64-02-06 |
Employees of department shall give bond |
| 64-02-07 |
Duties of commission |
| 64-02-08 |
Purchase, lease, or disposal of equipment |
| 64-02-08.1 |
Fees for registered service companies and to permit and test a registered service person |
| 64-02-09 |
Standards of weights and measures |
| 64-02-10 |
Fees to test or calibrate weighing and measuring devices |
| 64-02-11 |
Payment of test fee before using weighing or measuring device |
| 64-02-12 |
Fees collected ‑ Paid into public service commission program fund |
| 64-02-13 |
Commission to test weighing or measuring devices |
| 64-02-13.1 |
Exception from regularly scheduled test of weighing or measuring device |
| 64-02-14 |
Incorrect weighing or measuring devices |
| 64-02-15 |
Vendor's weighing or measuring device |
| 64-02-15.1 |
Duty of commission to test accuracy of oil and gas production meters |
| 64-02-16 |
Licensing coin‑weighing machine or scale and public gasoline pump required ‑ Fee |
| 64-02-17 |
Form of application for licensing coin‑weighing machines, scales, and public gasoline pumps |
| 64-02-18 |
Form of license for coin‑weighing machines, scales, and public gasoline pumps ‑ License displayed ‑ Unlicensed machine confiscated and penalty assessed in lieu thereof |
| 64-02-19 |
Salaries of employees of the department |
| 64-02-20 |
Expenses |
Chapter 64-03 - General Provisions
| Section |
Section Name |
| 64-03-01 |
False weights and measures |
| 64-03-02 |
False weights ‑ Unlawful for public use |
| 64-03-03 |
Fraudulently increasing weight |
| 64-03-04 |
Baled hay ‑ Correct weight ‑ Violation |
| 64-03-05 |
Fuel required to be weighed ‑ Correct scale weight ‑ Slip delivered |
| 64-03-06 |
Stamping incorrect weight or tare |
| 64-03-07 |
Violation of provisions relating to standard measurements and weights unlawful |
| 64-03-08 |
Penalty for hindering an inspector in official duties |
| 64-03-09 |
General penalty |
| 64-03-10 |
Duty of officer to seize false weighing and measuring devices |
| 64-03-11 |
Duty of state's attorney |
| 64-03-12 |
Duty of magistrate |
Chapter 64-04 - Standards and Weights of Liquefied Petroleum Gas
| Section |
Section Name |
| 64-04-01 |
Restrictions upon sale of liquefied petroleum gas |
| 64-04-02 |
Authority of commission to test and condemn weighing and measuring devices |
| 64-04-03 |
Specification of liquid gas meters |
| 64-04-04 |
Commission rules ‑ Tolerances |
| 64-04-05 |
Penalty |
Title 65 - Workforce Safety and Insurance
Chapter 65-01 - General Provisions
| Section |
Section Name |
| 65-01-01 |
Purposes of workforce safety and insurance law ‑ Police power |
| 65-01-01.1 |
Civil liability for intentional injuries |
| 65-01-02 |
Definitions (Effective through August 31, 2028) |
| 65-01-03 |
Individual performing service for remuneration presumed an employee |
| 65-01-04 |
Computation of weekly wages in compensation matters |
| 65-01-05 |
Employment of those unprotected by insurance unlawful ‑ Effect of failure to secure compensation ‑ Penalty ‑ Injunction |
| 65-01-06 |
Exempting certain flying employees |
| 65-01-07 |
Employer must keep record of injuries to employees ‑ Reports required ‑ Contents ‑ Penalty |
| 65-01-08 |
Contributing employer and staffing service relieved from liability for injury to employee |
| 65-01-09 |
Injury through negligence of third person ‑ Option of employee ‑ Organization subrogated when claim filed ‑ Lien created |
| 65-01-10 |
Waiver of rights to compensation void ‑ Deduction of premium from employee prohibited ‑ Penalty |
| 65-01-11 |
Burden of proof in compensation matters ‑ Death certificate |
| 65-01-12 |
Attorney general to represent organization |
| 65-01-13 |
Information fund ‑ Continuing appropriation |
| 65-01-14 |
Informal decision by organization |
| 65-01-15 |
Yearly documentation required for firefighter and law enforcement officer |
| 65-01-15.1 |
Presumption of compensability for certain conditions of full‑time paid firefighters and law enforcement officers |
| 65-01-15.2 |
Presumption of compensability for cardiac events of full‑time paid firefighters and law enforcement officers |
| 65-01-16 |
Decisions by organization ‑ Disputed decisions |
| 65-01-17 |
Agricultural employment exemption ‑ Custom agricultural operations |
| 65-01-18 |
Alternative dispute resolution ‑ Pilot program ‑ Continuing appropriation |
| 65-01-19 |
Pilot programs ‑ Report to legislative management |
Chapter 65-02 - Workforce Safety and Insurance Organization
| Section |
Section Name |
| 65-02-01 |
Workforce safety and insurance ‑ Director ‑ Division directors |
| 65-02-01.1 |
Workforce safety and insurance |
| 65-02-01.2 |
Organization to establish personnel system |
| 65-02-01.3 |
Workforce safety and insurance ‑ Executive director ‑ Governor to appoint ‑ Personnel |
| 65-02-02 |
Oath of office |
| 65-02-03 |
Organization ‑ Quorum ‑ Effect of vacancy ‑ Vacancies which must be filled within thirty days |
| 65-02-03.1 |
Workforce safety and insurance board of directors ‑ Appointment |
| 65-02-03.2 |
Compensation of board members |
| 65-02-03.3 |
Board ‑ Powers and duties |
| 65-02-04 |
Chairman |
| 65-02-05 |
Office space for organization ‑ Expenditures from fund for employees and supplies ‑ Travel |
| 65-02-05.1 |
Building maintenance account ‑ Continuing appropriation |
| 65-02-06 |
Expenditures by organization from fund ‑ Employment of full‑time special assistant attorneys general authorized |
| 65-02-06.1 |
Allocated loss adjustment expenses ‑ Continuing appropriation ‑ Annual review |
| 65-02-06.2 |
Litigation expenses ‑ Continuing appropriation |
| 65-02-07 |
Organization to have seal |
| 65-02-08 |
Rulemaking power of the organization ‑ Timeliness for issuance of decision - Fees prescribed by organization - Attorney's fees and costs |
| 65-02-08.1 |
State advisory council ‑ Composition ‑ Compensation ‑ Duties |
| 65-02-09 |
General information to public |
| 65-02-10 |
Organization to submit budget |
| 65-02-11 |
Process and procedure ‑ Investigations ‑ Examination of witnesses ‑ Costs |
| 65-02-12 |
Hearings by director |
| 65-02-13 |
Organization may reinsure risks |
| 65-02-13.1 |
Expenditures by organization for reinsurance and extraterritorial coverage and other states' insurance ‑ Report in annual financial audit |
| 65-02-14 |
Organization to aid in rehabilitating persons injured in employment |
| 65-02-15 |
Workforce safety and insurance binding arbitration |
| 65-02-16 |
Removal of a panel member |
| 65-02-17 |
Binding arbitration |
| 65-02-18 |
Administrative orders ‑ Binding arbitration decisions ‑ Appeals |
| 65-02-19 |
Organization to contract for administrative services |
| 65-02-20 |
Organization to establish managed care program |
| 65-02-21 |
Contract for administration of managed care program |
| 65-02-21.1 |
Licensure required for psychologists and physicians performing utilization review |
| 65-02-21.2 |
Ambulance services classifications |
| 65-02-22 |
Hearing officer ‑ Qualifications ‑ Location |
| 65-02-22.1 |
Appointment of administrative law judges ‑ Hearings |
| 65-02-23 |
Workforce safety and insurance fraud unit ‑ Continuing appropriation |
| 65-02-24 |
Immunity from civil liability |
| 65-02-25 |
Amnesty for certain claims and accounts |
| 65-02-26 |
Nondisclosure of investigative information |
| 65-02-27 |
Decision review office |
| 65-02-28 |
Organization claim files ‑ Destruction |
| 65-02-29 |
Independent audit |
| 65-02-30 |
Independent performance evaluation ‑ Organization development of performance measurements ‑ Continuing appropriation |
| 65-02-31 |
Payments in lieu of taxes by organization |
| 65-02-32 |
Assessment of property ‑ Notice to organization |
| 65-02-33 |
Occupational health and preventive medicine programs ‑ Continuing appropriation |
| 65-02-34 |
Spending authority ‑ Limited |
| 65-02-35 |
Attorney's fees for legal review in preparation for rehearing of an administrative order |
| 65-02-36 |
Attorney's fees for legal review of proposed settlement |
| 65-02-37 |
Attorney's fees reimbursement |
| 65-02-38 |
Electronic transaction payment fees - Continuing appropriation |
| 65-02-39 |
Fees for outgoing file copies |
Chapter 65-03 - Prevention of Injuries
| Section |
Section Name |
| 65-03-01 |
Jurisdiction of organization ‑ Safety regulations ‑ Enforcement |
| 65-03-02 |
Penalty for violation of safety rule or regulation ‑ Fine ‑ Penalty premium rating ‑ Extension of time to comply |
| 65-03-03 |
Mine foremen ‑ Rules regarding |
| 65-03-04 |
Safety programs ‑ Continuing appropriation |
| 65-03-05 |
Safety grant programs ‑ Reporting requirements |
Chapter 65-04 - The Fund and Premium Payments Thereto
| Section |
Section Name |
| 65-04-01 |
Classification of employments ‑ Premium rates ‑ Requirements |
| 65-04-02 |
Reserves ‑ Surplus |
| 65-04-03 |
Accounts to be kept for classifications and employers |
| 65-04-03.1 |
State entities account ‑ Continuing appropriation |
| 65-04-04 |
Employers obligated to pay premiums and assessments ‑ Certificate provided |
| 65-04-04.1 |
Determination of weekly wage for premium purposes to veteran‑on‑the‑job trainee |
| 65-04-04.2 |
Basis of calculating premiums |
| 65-04-04.3 |
Employer relief for third‑party recovery |
| 65-04-04.4 |
Medical expense assessments |
| 65-04-04.5 |
Settlement in discretion of organization |
| 65-04-05 |
Employer to furnish payroll information to organization ‑ Determination of status ‑ Report of actual and estimated payrolls |
| 65-04-05.1 |
Sections 65‑04‑04 and 65‑04‑05 retroactive |
| 65-04-06 |
Employer obligated to file payroll reports ‑ Organization to specify method of providing information ‑ Verification may be required |
| 65-04-07 |
County superintendents of schools to report school district clerks to organization |
| 65-04-08 |
County auditors to report auditors and clerks to organization |
| 65-04-09 |
All public contracts involving labor to be reported to organization |
| 65-04-10 |
Provision relating to workforce safety and insurance required in contractor's bonds |
| 65-04-11 |
Organization may make examinations under oath to secure payroll information |
| 65-04-12 |
Penalties for failure to obtain coverage or to make payroll reports ‑ How collected ‑ Disposition |
| 65-04-13 |
Books, records, and payrolls of employers subject to audit and inspection ‑ Penalty for refusal to permit inspection |
| 65-04-14 |
False payroll report ‑ Liability of employer ‑ Collection and disposition of penalty |
| 65-04-15 |
Information in employer's files confidential ‑ Exceptions ‑ Penalty if employee of organization divulges information |
| 65-04-16 |
Adjustment of premium paid on estimated payroll |
| 65-04-17 |
Experience rating of employers |
| 65-04-17.1 |
Retrospective rating program |
| 65-04-18 |
Subsequent injury or aggravation of previous injury or condition of employee ‑ Charge to employer's risk ‑ Charge of part of claim to subsequent injury fund |
| 65-04-19 |
Organization to assign rate classifications, calculate premium, and determine premium due from employer ‑ Audit ‑ Notification of billing statement as notice of amount due |
| 65-04-19.1 |
Premium discount for implementation of risk management programs |
| 65-04-19.2 |
State agency participation in risk management program |
| 65-04-19.3 |
Premium calculation programs ‑ Authority |
| 65-04-19.4 |
Premium credit - National guard - Armed forces - Veterans - Surviving spouse |
| 65-04-20 |
Installment payment of premiums ‑ Interest required |
| 65-04-21 |
Utilization of public funds for payment of premiums due the fund |
| 65-04-22 |
Organization may make premium due immediately ‑ When premium is in default ‑ Penalty |
| 65-04-22.1 |
Retroactive payment not required |
| 65-04-23 |
Penalties for default in payment of premiums, penalties, and interest |
| 65-04-24 |
Notice of premium or assessment owing ‑ Organization to bring suit for premiums in default |
| 65-04-25 |
Service of nonresident employer in suit for premium or in suit against an uninsured employer |
| 65-04-26 |
Lien priority and filing ‑ Remedies available in action for delinquent premiums ‑ Exemptions restricted |
| 65-04-26.1 |
Corporate officer personal liability |
| 65-04-26.2 |
General contractor liability for subcontractors and independent contractors |
| 65-04-27 |
Payment of claims ‑ Employers in default |
| 65-04-27.1 |
Injunctive relief ‑ Procedure |
| 65-04-27.2 |
Cease and desist order ‑ Civil penalty |
| 65-04-28 |
Complying employers not liable for injuries to or deaths of employees ‑ Common‑law actions barred |
| 65-04-29 |
Employers carrying on nonhazardous employment may come under law ‑ Employee's option |
| 65-04-30 |
State treasurer is custodian of fund ‑ Deposit ‑ Disbursement on vouchers |
| 65-04-31 |
Investment of fund |
| 65-04-32 |
Decisions by organization ‑ Disputed decisions |
| 65-04-33 |
Intentional acts ‑ Failure to secure coverage ‑ Uninsured ‑ Noncompliance ‑ Failure to submit necessary reports ‑ Penalty |
Chapter 65-05 - Claims and Compensation
| Section |
Section Name |
| 65-05-01 |
Claims for benefits ‑ When and where filed |
| 65-05-01.1 |
Pneumoconiosis claims ‑ Rules ‑ Agreements |
| 65-05-01.2 |
Notice to employer |
| 65-05-01.3 |
Failure to comply with notice and filing provisions |
| 65-05-01.4 |
Employer to file first report of notice of injury |
| 65-05-01.5 |
Organization to notify employee of receipt of employer's first report of notice of injury |
| 65-05-02 |
Form in which claim must be filed |
| 65-05-03 |
Jurisdiction of organization to hear questions within its jurisdiction ‑ Finality of determination |
| 65-05-04 |
Organization has continuing jurisdiction over claims properly filed |
| 65-05-05 |
Payments made to insured employees injured in course of employment and to their dependents |
| 65-05-06 |
Payment of compensation in lieu of claim for relief against employer |
| 65-05-07 |
Injured employee given medical and hospital service required ‑ Furnished artificial limbs and appliances for rehabilitation ‑ Fee approval |
| 65-05-07.1 |
Organization to adopt fee schedule |
| 65-05-07.2 |
Payment to organization for certain claims |
| 65-05-07.3 |
Medical bills ‑ Electronic acceptance |
| 65-05-08 |
Disability benefits ‑ Not paid unless period of disability is of five days' duration or more ‑ Application required ‑ Suspended during confinement ‑ Duty to report wages |
| 65-05-08.1 |
Verification of disability |
| 65-05-08.2 |
Preacceptance disability benefits |
| 65-05-08.3 |
Treating health care provider's opinion |
| 65-05-09 |
Temporary total or permanent total disability ‑ Weekly and aggregate benefit |
| 65-05-09.1 |
Social security offset |
| 65-05-09.2 |
Retirement offset |
| 65-05-09.3 |
Retirement presumption ‑ Termination of benefits upon retirement |
| 65-05-09.4 |
Additional benefit payable |
| 65-05-09.5 |
Additional benefit payable ‑ Alternative calculation |
| 65-05-10 |
Partial disability ‑ Weekly benefit |
| 65-05-10.1 |
Long‑term temporary partial disability inflation adjustment |
| 65-05-11 |
Maximum and minimum compensation allowances ‑ Total and partial disability |
| 65-05-12 |
Permanent impairment ‑ Compensation ‑ Time paid |
| 65-05-12.1 |
Permanent impairment |
| 65-05-12.2 |
Permanent impairment ‑ Compensation ‑ Time paid |
| 65-05-13 |
Scheduled injuries ‑ Permanent loss of member ‑ Compensation ‑ Time compensation payable |
| 65-05-14 |
Scheduled injuries ‑ Partial loss of use of member ‑ Weekly compensation time ‑ Compensation payable |
| 65-05-15 |
Aggravation awards |
| 65-05-16 |
Death benefits payable |
| 65-05-17 |
Weekly compensation allowances for death claims |
| 65-05-18 |
Provisions of section 65‑05‑17 retroactive |
| 65-05-19 |
Providing nondependency payments in certain cases |
| 65-05-20 |
Dependents have option of accepting amount of nondependency payments in lieu of dependency compensation |
| 65-05-20.1 |
Scholarship fund ‑ Rules |
| 65-05-21 |
Marriage settlement to spouse |
| 65-05-22 |
Adjustment on cessation of compensation for death to one beneficiary |
| 65-05-23 |
Organization may modify apportionment of benefits in certain cases |
| 65-05-24 |
Accepting compensation after marriage ‑ Penalty |
| 65-05-25 |
Lump sum settlements ‑ Granted in discretion of organization ‑ How computed |
| 65-05-26 |
Burial expenses |
| 65-05-27 |
Organization without probate proceedings may pay spouse of deceased claimant sum due deceased ‑ Maximum payment |
| 65-05-28 |
Examination of injured employee ‑ Paid expenses ‑ No compensation paid if injured employee refuses to reasonably participate |
| 65-05-28.1 |
Employer to select preferred provider |
| 65-05-28.2 |
Preferred provider ‑ Use required ‑ Exceptions ‑ Notice |
| 65-05-29 |
Assignment of claims void ‑ Claims exempt |
| 65-05-30 |
Filing of claim constitutes consent to use of information received by health care provider |
| 65-05-31 |
False statement ‑ Penalty |
| 65-05-32 |
Privacy of records and hearings ‑ Penalty |
| 65-05-33 |
Filing false claim or false statement ‑ Penalty |
| 65-05-34 |
False statement on employment application |
| 65-05-35 |
Closed claim ‑ Presumption |
| 65-05-36 |
Preferred worker program ‑ Continuing appropriation |
| 65-05-37 |
Retaliation by employer prohibited ‑ Action for damages ‑ Penalty |
| 65-05-38 |
Death of permanently and totally disabled employee ‑ Surviving spouse |
| 65-05-39 |
Chronic opioid therapy coverage and monitoring |
| 65-05-40 |
Opioid therapy and benzodiazepine duration limits ‑ Termination of coverage |
Chapter 65-05.1 - Rehabilitation Services
| Section |
Section Name |
| 65-05.1-01 |
Rehabilitation services |
| 65-05.1-02 |
Organization responsibility |
| 65-05.1-02.1 |
Vocational report |
| 65-05.1-03 |
Director of rehabilitation services ‑ Duties |
| 65-05.1-04 |
Injured employee responsibility |
| 65-05.1-05 |
Rehabilitation contract |
| 65-05.1-06 |
Rehabilitation allowance |
| 65-05.1-06.1 |
Rehabilitation award |
| 65-05.1-06.2 |
Contract for vocational rehabilitation services |
| 65-05.1-06.3 |
Rehabilitation services pilot programs |
| 65-05.1-07 |
Person furnishing training exempt from civil liability ‑ Injured employee's remedy |
| 65-05.1-08 |
Workforce safety and insurance vocational rehabilitation grants ‑ Continuing appropriation |
Chapter 65-05.2 - Supplementary Benefits
| Section |
Section Name |
| 65-05.2-01 |
Eligibility for supplementary benefits |
| 65-05.2-02 |
Supplementary benefits ‑ Amount |
| 65-05.2-03 |
Payment of supplementary benefits from the supplementary benefit fund |
| 65-05.2-04 |
Supplementary benefit fund |
Chapter 65-06 - Volunteer Emergency Responders
| Section |
Section Name |
| 65-06-01 |
Volunteer firefighter, emergency or disaster volunteer, community emergency response team member, in training defined |
| 65-06-02 |
Volunteer firefighter, emergency or disaster volunteer, and community emergency response team member declared employees ‑ Covered by workforce safety and insurance ‑ Termination |
| 65-06-02.1 |
Uniform Emergency Volunteer Health Practitioners Act ‑ Health practitioners |
| 65-06-03 |
Compensation benefits ‑ How determined |
| 65-06-04 |
Assessment of premiums |
| 65-06-05 |
Reimbursement by state for liability in excess of premiums collected |
Chapter 65-06.1 - Civil Air Patrol Members
| Section |
Section Name |
| 65-06.1-01 |
Civil air patrol member defined |
| 65-06.1-02 |
Civil air patrol members declared employees ‑ Covered by workforce safety and insurance |
| 65-06.1-03 |
Compensation benefits ‑ How determined |
| 65-06.1-04 |
Reimbursement for liability in excess of collected premiums |
Chapter 65-06.2 - Inmates of Penal Institutions
| Section |
Section Name |
| 65-06.2-01 |
Inmate defined |
| 65-06.2-02 |
Coverage of inmates ‑ Conditions |
| 65-06.2-03 |
Workers' compensation coverage of inmates |
| 65-06.2-04 |
Workers' compensation coverage for inmates engaged in work programs through roughrider industries |
| 65-06.2-05 |
Modified coverage of inmates engaged in work programs through roughrider industries ‑ Conditions |
| 65-06.2-06 |
Rulemaking ‑ Participation in state entities account |
| 65-06.2-07 |
State reimbursement for liability in excess of collected premiums |
| 65-06.2-08 |
No liability for damages ‑ Inmates are not employees |
| 65-06.2-09 |
Safety and performance review |
Chapter 65-07 - Employer's Coverage
| Section |
Section Name |
| 65-07-01 |
Employer, spouse and children of employer, self‑employed, and volunteers may secure coverage |
| 65-07-02 |
Organization may refuse to contract for coverage |
| 65-07-03 |
Determination of weekly wage for premium purposes |
| 65-07-04 |
Benefits |
Chapter 65-07.1 - Vocational Training and Work Evaluation Programs
| Section |
Section Name |
| 65-07.1-01 |
Definitions |
| 65-07.1-02 |
Vocational training or work evaluation programs ‑ Organization may contract |
| 65-07.1-03 |
Employer and workstation not liable for civil damages ‑ Employee may elect |
| 65-07.1-04 |
Benefits ‑ Filing procedures |
Chapter 65-08 - Extraterritorial Application
| Section |
Section Name |
| 65-08-01 |
Extraterritorial coverage ‑ When and how furnished |
| 65-08-02 |
Reciprocity in extraterritorial application of compensation acts of various states provided |
| 65-08-03 |
Evidence that nonresident employer carries extraterritorial workforce safety and insurance coverage |
| 65-08-04 |
Agreements between states relating to conflicts of jurisdiction |
Chapter 65-08.1 - Workforce Safety and Insurance Company
| Section |
Section Name |
| 65-08.1-01 |
Definitions |
| 65-08.1-02 |
Workforce safety and insurance additional coverages |
| 65-08.1-03 |
Workforce safety and insurance company created ‑ Stock requirements |
| 65-08.1-04 |
Board of directors ‑ Members |
| 65-08.1-05 |
Workforce safety and insurance to be provided |
| 65-08.1-06 |
Rates ‑ Billing |
Chapter 65-09 - Proceedings by Injured Employee Against Uninsured Employer
| Section |
Section Name |
| 65-09-01 |
Liability of uninsured employer for injury to employees |
| 65-09-02 |
Application for compensation ‑ Common‑law defenses not available ‑ Fund subrogated to recovery ‑ Hearing ‑ Time for filing |
| 65-09-03 |
Award ‑ Payroll reports ‑ Notice ‑ Premium ‑ Judgment |
| 65-09-04 |
Premiums and penalties to be paid by employer |
Chapter 65-10 - Appeals
| Section |
Section Name |
| 65-10-01 |
Appeal from decision of organization |
| 65-10-02 |
Determination by court ‑ Judgment paid by organization |
| 65-10-03 |
Cost of appeal and attorney's fees fixed by the organization |
Chapter 65-11 - Safety Engineer [Repealed]
Chapter 65-12 - Boiler Inspector [Repealed]
Chapter 65-13 - Uniform Crime Victims Reparations Act [Repealed]
Chapter 65-14 - Employee Information Program on Hazardous Substances [Repealed]