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
Section
Section Name
1-03-01
Holidays
1-03-01.1
Closing of state offices ‑ Christmas Eve
1-03-02
When day following holiday shall be a holiday
1-03-02.1
When holiday falls on a Saturday
1-03-03
Sports on Memorial Day ‑ Penalty
1-03-04
Business days
1-03-05
Act due on Saturday or holiday performed on next day
1-03-06
Mothers' Day
1-03-07
Arbor Day
1-03-08
Bird Day
1-03-09
Martin Luther King Day
1-03-10
Workers' Memorial Day
1-03-11
Gold Star Mothers' Day
1-03-12
Four Chaplains Sunday
1-03-13
Indigenous Peoples Day
1-03-14
Vietnam Veterans' Day
1-03-15
Women Veterans' Month
1-03-16
Firefighters memorial weekend
1-03-17
Patriots' Day
1-03-18
Juneteenth
1-03-19
Right‑To‑Life Day
1-03-20
Fetal Alcohol Spectrum Disorder Awareness Day
1-03-21
Military Appreciation Month
1-03-22
Prisoner of War and Missing in Action Day
1-03-23
North Dakota Constitution Day
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
Chapter 2-01 - Regulation [Repealed]
Title 2 - Aeronautics
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 2-08 - 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 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 - Agriculture
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
Section
Section Name
4.1-02-01
Definitions
4.1-02-02
Barley council ‑ Districts
4.1-02-03
Council ‑ Membership ‑ Election ‑ Term ‑ Appointment to fill vacancies
4.1-02-04
Election of county representative
4.1-02-05
Election of district representative ‑ Council member
4.1-02-06
Election costs ‑ Responsibility
4.1-02-07
Quorum
4.1-02-08
Election of chairman ‑ Meetings
4.1-02-09
Council members ‑ Compensation
4.1-02-10
Council ‑ Powers
4.1-02-11
Council ‑ Duties
4.1-02-12
Assessment
4.1-02-13
Collection of assessment ‑ Records
4.1-02-14
Submission of assessments ‑ Civil penalty
4.1-02-15
Out‑of‑state sale ‑ Submission of assessment by producer ‑ Civil penalty
4.1-02-16
Refund of assessment
4.1-02-17
Reimbursement for double payments
4.1-02-18
Expenditure of funds
4.1-02-19
Continuing appropriation
4.1-02-20
Advisory referendum
4.1-02-21
Penalty
Chapter 4.1-03 - Beef Commission
Section
Section Name
4.1-03-01
Definitions
4.1-03-02
North Dakota beef commission ‑ Membership ‑ Qualifications
4.1-03-03
Term of office
4.1-03-04
Vacancy
4.1-03-05
Nonvoting members ‑ Appointment
4.1-03-06
Quorum
4.1-03-07
Chairman ‑ Meetings
4.1-03-08
Commission members ‑ Compensation
4.1-03-09
Commission ‑ Powers
4.1-03-10
Commission ‑ Duties
4.1-03-11
Assessment ‑ Penalty (Contingent expiration date - See note)
4.1-03-12
Collection of assessment
4.1-03-13
Submission of assessments ‑ Penalty
4.1-03-14
Transaction records ‑ Inspection by commission
4.1-03-15
Authorization to request records ‑ Penalty
4.1-03-16
Continuing appropriation
4.1-03-17
Permitted refunds of assessment ‑ Refunds requiring certification by attorney general
4.1-03-18
Open records exceptions
Chapter 4.1-04 - Corn Utilization Council
Section
Section Name
4.1-04-01
Definitions
4.1-04-02
Corn districts ‑ Establishment
4.1-04-03
Corn council ‑ Membership ‑ Term
4.1-04-04
Election of county representative
4.1-04-04.1
Election of district representative ‑ Council members
4.1-04-05
Election costs ‑ Responsibility
4.1-04-06
Meetings
4.1-04-07
Council members ‑ Compensation
4.1-04-08
Council ‑ Powers
4.1-04-09
Council ‑ Duties
4.1-04-10
Assessment
4.1-04-11
Collection of assessment ‑ Records
4.1-04-12
Submission of assessment by producer ‑ Civil penalty
4.1-04-13
Refund of assessment ‑ Form
4.1-04-14
Reimbursement for double payments
4.1-04-15
Submission of assessments ‑ Civil penalty
4.1-04-16
Expenditures ‑ Approval ‑ Records
4.1-04-17
Continuing appropriation
4.1-04-18
Advisory referendum
4.1-04-19
Penalty
Chapter 4.1-05 - Dairy Promotion Commission
Section
Section Name
4.1-05-01
Definitions
4.1-05-02
North Dakota dairy promotion commission ‑ Membership ‑ Terms
4.1-05-03
Nonvoting members ‑ Appointment
4.1-05-04
Election of chairman and officers ‑ Meetings
4.1-05-05
Commission members ‑ Compensation
4.1-05-06
Commission ‑ Powers
4.1-05-07
Commission ‑ Duties
4.1-05-08
Assessment ‑ Collection
4.1-05-09
Submission of assessments ‑ Civil penalty
4.1-05-10
Record retention
4.1-05-11
Reports
4.1-05-12
Refund of assessment ‑ Required certification by attorney general
4.1-05-13
Expenditure of funds
4.1-05-14
Continuing appropriation
4.1-05-15
Penalty
Chapter 4.1-06 - Dry Bean Council
Section
Section Name
4.1-06-01
Definitions
4.1-06-02
Dry bean districts ‑ Establishment
4.1-06-03
North Dakota dry bean council ‑ Membership ‑ Term
4.1-06-04
Election of council member
4.1-06-05
Election costs ‑ Responsibility
4.1-06-06
Quorum
4.1-06-07
Election of chairman ‑ Meetings
4.1-06-08
Council members ‑ Compensation
4.1-06-09
Council ‑ Powers
4.1-06-10
Council ‑ Duties
4.1-06-11
Designated handler ‑ Certificate
4.1-06-12
Assessment
4.1-06-13
Collection of assessment ‑ Records
4.1-06-14
Submission of assessments ‑ Civil penalty
4.1-06-15
Refund of assessment
4.1-06-16
Reimbursement for double payment
4.1-06-17
Expenditure of funds
4.1-06-18
Continuing appropriation
4.1-06-19
Advisory referendum
4.1-06-20
Penalty
Chapter 4.1-07 - Dry Pea and Lentil Council
Section
Section Name
4.1-07-01
Definitions
4.1-07-02
Dry pea and lentil districts ‑ Establishment
4.1-07-03
Dry pea and lentil council ‑ Membership ‑ Term
4.1-07-04
Election of county representative
4.1-07-05
Election of district representative ‑ Council member
4.1-07-06
Election costs ‑ Responsibility
4.1-07-07
Election of chairman ‑ Meetings
4.1-07-08
Council members ‑ Compensation
4.1-07-09
Council ‑ Powers
4.1-07-10
Council ‑ Duties
4.1-07-11
First purchaser ‑ Certificate
4.1-07-12
Assessment
4.1-07-13
Collection of assessment ‑ Records
4.1-07-14
Submission of assessment ‑ Civil penalty
4.1-07-15
Refund of assessment
4.1-07-16
Reimbursement for double payment
4.1-07-17
Expenditure of funds
4.1-07-18
Continuing appropriation
4.1-07-19
Advisory referendum
4.1-07-20
Penalty
Chapter 4.1-08 - Honey Assessments
Section
Section Name
4.1-08-01
Definitions
4.1-08-02
Assessment
4.1-08-03
Submission of assessments ‑ Civil penalty
4.1-08-04
Refunds
4.1-08-05
Continuing appropriation
4.1-08-06
Assessment ‑ Authorized expenditures
4.1-08-07
Commissioner ‑ Powers
4.1-08-08
Biennial report ‑ Information regarding honey assessments
4.1-08-09
Penalty
Chapter 4.1-09 - Oilseed Council
Section
Section Name
4.1-09-01
Definitions
4.1-09-02
Sunflower districts ‑ Establishment
4.1-09-03
Canola districts ‑ Establishment
4.1-09-04
North Dakota oilseed council ‑ Membership ‑ Term
4.1-09-05
Election of county representative ‑ Sunflower producers ‑ Waiver
4.1-09-06
Election of county representative ‑ Canola producers ‑ Waiver
4.1-09-07
Election of council member ‑ Sunflower district representative
4.1-09-08
Election of council member ‑ Canola district representative
4.1-09-09
Election costs ‑ Responsibility
4.1-09-10
Quorum
4.1-09-11
Election of chairman ‑ Meetings
4.1-09-12
Council members ‑ Compensation
4.1-09-13
Council ‑ Powers
4.1-09-14
Council ‑ Duties
4.1-09-15
First purchaser ‑ Certificate
4.1-09-16
Assessment
4.1-09-17
Collection of assessment ‑ Records
4.1-09-18
Submission of assessments ‑ Civil penalty
4.1-09-19
Refund of assessment
4.1-09-20
Reimbursement for double payments
4.1-09-21
Expenditure of funds
4.1-09-22
Continuing appropriation
4.1-09-23
Advisory referendum
4.1-09-24
Penalty
Chapter 4.1-10 - Potato Council
Section
Section Name
4.1-10-01
Definitions
4.1-10-02
Potato districts ‑ Establishment
4.1-10-03
North Dakota potato council ‑ Membership ‑ Term
4.1-10-04
Election of council members
4.1-10-05
Chairman ‑ Meetings
4.1-10-06
Council members ‑ Compensation
4.1-10-07
Council ‑ Powers
4.1-10-08
Council ‑ Duties
4.1-10-09
Designated handler ‑ Certification
4.1-10-10
Assessment
4.1-10-11
Collection of assessment ‑ Records
4.1-10-12
Submission of assessments ‑ Civil penalty
4.1-10-13
Refund of assessment ‑ Letters of request
4.1-10-14
Expenditures
4.1-10-15
Continuing appropriation
4.1-10-16
Advisory referendum
4.1-10-17
Penalty ‑ Criminal
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
Section
Section Name
4.1-12-01
Definitions
4.1-12-02
Assessment ‑ Determination
4.1-12-03
Assessment ‑ Collection ‑ Remittance by processor
4.1-12-04
Invoice ‑ Contents ‑ Preparation by processor
4.1-12-05
Submission of assessments ‑ Civil penalty
4.1-12-06
Out‑of‑state processors
4.1-12-07
Refund of assessment ‑ Form
4.1-12-08
Continuing appropriation
4.1-12-09
Authorized expenditures
4.1-12-10
Powers of the commissioner
4.1-12-11
Biennial report ‑ Information regarding turkey assessments
4.1-12-12
Penalty
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 4.1-18.1 - Hemp
Section
Section Name
4.1-18.1-01
Definitions
4.1-18.1-01.1
Administrative rules
4.1-18.1-02
Hemp ‑ Licensure
4.1-18.1-03
License fee
4.1-18.1-04
License ‑ Grounds for denial
4.1-18.1-04.1
Commissioner ‑ Authority ‑ Tetrahydrocannabinol concentration
4.1-18.1-04.2
Hemp testing ‑ Fee ‑ Exemption
4.1-18.1-04.3
Prohibited acts ‑ Licensee
4.1-18.1-04.4
Hemp commodities or products ‑ Allowable products ‑ Retailers
4.1-18.1-05
Violations
4.1-18.1-06
Confiscation and disposal
4.1-18.1-07
Commissioner powers
4.1-18.1-07.1
Powers of commissioner
4.1-18.1-08
Hemp ‑ Research
4.1-18.1-09
Subpoena ‑ Hearing
4.1-18.1-10
Failure to supply information or obey subpoena
4.1-18.1-11
Assurance of voluntary compliance
4.1-18.1-12
Remedies ‑ Injunction ‑ Other relief ‑ Receiver ‑ Cease and desist orders ‑ Civil penalties ‑ Costs recoverable in adjudicative proceedings
4.1-18.1-13
Powers of receiver
4.1-18.1-14
Costs recoverable
4.1-18.1-15
Civil penalties
Chapter 4.1-19 - Eggs and Poultry
Section
Section Name
4.1-19-01
Definitions
4.1-19-02
Administration ‑ Enforcement
4.1-19-03
Purposes ‑ Duties
4.1-19-04
Licensing ‑ Fees ‑ Bonding
4.1-19-05
Penalty
4.1-19-06
Egg dealers to be registered ‑ Exemption
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
Section
Section Name
4.1-22-01
Definitions
4.1-22-02
Administration ‑ Rulemaking authority
4.1-22-03
Authority for inspection
4.1-22-04
Authority for abatement ‑ Removal from sale
4.1-22-05
Certification of nursery stock
4.1-22-06
Nursery license ‑ Fee
4.1-22-07
Labeling and standards for nursery stock
4.1-22-08
Misrepresentation
4.1-22-09
Reciprocal agreements
4.1-22-10
Exemptions
4.1-22-11
Penalties ‑ Criminal ‑ Civil ‑ License revocation or nonrenewal
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
Section
Section Name
4.1-26-01
Definitions
4.1-26-02
Milk marketing board - Membership
4.1-26-03
Terms of office
4.1-26-04
Compensation
4.1-26-05
Chairman - Meetings
4.1-26-06
Board powers
4.1-26-07
Director
4.1-26-08
Authority of governmental entities
4.1-26-09
Milk marketing areas - Boundaries
4.1-26-10
Milk stabilization plans - Required provisions
4.1-26-11
Milk stabilization plans - Optional provisions
4.1-26-12
Milk stabilization plans - Optional provisions - Maximum prices
4.1-26-13
Milk stabilization plans - Optional provisions - Quantity discounts to retailers
4.1-26-14
Milk stabilization plans - Optional provisions - Frozen dairy products - Wholesale price - Filing
4.1-26-15
Cost variances - Recognition
4.1-26-16
Minimum prices payable to dairy farmers - Effect of change
4.1-26-17
Licenses
4.1-26-18
Vending machine suppliers - Authorization to license
4.1-26-19
License - Application
4.1-26-20
Licenses ‑ Additional requirements
4.1-26-21
License application - Hearing
4.1-26-22
Refusal to license
4.1-26-23
Processor's license - Distributor's license - Grounds for denial
4.1-26-24
License application - Required declaration
4.1-26-25
License - Expiration
4.1-26-26
License - Fees prohibited
4.1-26-27
Assessments - Continuing appropriation
4.1-26-28
Records - Retention
4.1-26-29
Records - Confidential - Penalty
4.1-26-30
Prohibitions
4.1-26-31
Disruptive trade practices
4.1-26-32
Inspections and investigations
4.1-26-33
License - Suspension and revocation
4.1-26-34
Violation of chapter - Civil penalty
4.1-26-35
Administrative and regulatory functions
4.1-26-36
Legal actions
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
Section
Section Name
4.1-31-01
Definitions
4.1-31-01.1
Federal meat inspection regulations
4.1-31-02
Inspectors ‑ Appointments ‑ Duties
4.1-31-03
Access by inspectors ‑ Penalty
4.1-31-04
Marks and labels
4.1-31-05
False or misleading marks, labels, and containers
4.1-31-05.1
Misrepresentation of cell-cultured protein as meat food product prohibited
4.1-31-06
Prohibitions
4.1-31-07
Official marks and certificates ‑ Required authorization
4.1-31-08
Horse meat ‑ Requirements
4.1-31-09
Bribery
4.1-31-10
Individual and custom processing ‑ Exemption from inspection requirements
4.1-31-11
Storing and handling conditions
4.1-31-12
Articles not intended as human food
4.1-31-13
Records
4.1-31-14
Records ‑ Examination
4.1-31-15
Records ‑ Retention
4.1-31-16
Registration and licensure of business
4.1-31-17
Dead, dying, disabled, or diseased animals ‑ Rules
4.1-31-18
Cooperation with federal government
4.1-31-19
Refusal or withdrawal of inspection
4.1-31-20
Detention of animals or products
4.1-31-21
Seizure and condemnation
4.1-31-22
Destruction or sale of condemned items
4.1-31-23
Types of proceedings ‑ Award of costs
4.1-31-24
Powers of commissioner
4.1-31-25
Interstate shipment
4.1-31-26
Penalties
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
Section
Section Name
4.1-34-01
Definitions
4.1-34-02
Prohibited acts
4.1-34-03
Registration ‑ Fees ‑ Deposit of collections
4.1-34-04
Reporting requirements
4.1-34-05
Protection of trade secrets
4.1-34-06
Determinations ‑ Rules ‑ Uniformity
4.1-34-07
Enforcement
4.1-34-08
Stop‑sale orders
4.1-34-09
Exemptions
4.1-34-10
Minimum‑risk pesticide exemption
4.1-34-11
Penalties
4.1-34-12
Seizures
4.1-34-13
Cooperation
4.1-34-14
Experimental use permits
4.1-34-15
Minimum‑risk pesticide ‑ Certificate of exemption
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
Section
Section Name
4.1-40-01
Definitions
4.1-40-02
Product registration ‑ Fees
4.1-40-03
Distributor's license ‑ Fees
4.1-40-04
Proof of effectiveness
4.1-40-05
Guaranteed analysis
4.1-40-06
Label requirement
4.1-40-07
Inspection fees ‑ Tonnage reports ‑ Penalty
4.1-40-08
Inspection, sampling, analysis
4.1-40-09
Misbranding
4.1-40-10
Publications
4.1-40-11
Rules
4.1-40-12
Deficiencies
4.1-40-13
Cancellation of registrations
4.1-40-14
Stop‑sale orders
4.1-40-15
Seizure, condemnation, and sale
4.1-40-16
Violations ‑ Criminal penalty
4.1-40-17
Violations ‑ Civil penalty
4.1-40-18
Exchanges between manufacturers
Chapter 4.1-40.1 - Biostimulant and Beneficial Substance Regulation
Section
Section Name
4.1-40.1-01
Definitions
4.1-40.1-02
Required labeling
4.1-40.1-03
Distributor's license ‑ Fees
4.1-40.1-04
Product registration - Fees
4.1-40.1-05
Inspection fee
4.1-40.1-06
Exemptions
4.1-40.1-07
Cancellation of registration
4.1-40.1-08
Inspection, sampling, and analysis
4.1-40.1-09
Unlawful acts
4.1-40.1-10
Misbranding of beneficial substance prohibited
4.1-40.1-11
Adulteration of a beneficial substance prohibited
4.1-40.1-12
Stop sale order
4.1-40.1-13
Penalties
4.1-40.1-14
Rules
Chapter 4.1-41 - Commercial Feed
Section
Section Name
4.1-41-01
Definitions
4.1-41-02
Manufacturer's license ‑ Retailer's license
4.1-41-03
Product registration
4.1-41-04
License ‑ Registration ‑ Hearing
4.1-41-05
Pet food ‑ Specialty pet food ‑ Registration ‑ Exemption ‑ Penalty
4.1-41-06
Commercial feed ‑ Label ‑ Content
4.1-41-07
Customer‑formula feed ‑ Label ‑ Content
4.1-41-08
Inspection fee
4.1-41-09
Inspection fee ‑ Responsibility for payment ‑ Report ‑ Penalty
4.1-41-10
Inspection fee ‑ Records
4.1-41-11
Adulteration
4.1-41-12
Misbranding
4.1-41-13
Inspection, sampling, analysis
4.1-41-14
Detained commercial feeds
4.1-41-14.1
Prohibited acts
4.1-41-15
Penalties
4.1-41-16
Publications
4.1-41-17
Cooperation with other entities
4.1-41-18
Certificates ‑ Fees
4.1-41-19
Deposit of fees
4.1-41-20
Administration ‑ Rulemaking authority
Chapter 4.1-43 - Livestock Medicine
Section
Section Name
4.1-43-01
Definitions
4.1-43-02
Registration of livestock medicine
4.1-43-03
Regulations for sale
4.1-43-04
Registration fee
4.1-43-05
Commissioner may cancel registration
4.1-43-06
Commissioner may adopt rules, take testimony, grant public hearings
4.1-43-07
Enforcement
4.1-43-08
Penalty ‑ Criminal ‑ Civil
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
Section
Section Name
4.1-52-01
Seed department - Location
4.1-52-02
Seed department - Official seal
4.1-52-03
Seed commission membership
4.1-52-04
Seed commission - Chairman - Meetings
4.1-52-05
Seed commission - Appointment of proxy
4.1-52-06
Seed commission - Members - Compensation
4.1-52-07
Seed commission - Powers
4.1-52-08
Seed commission - Duties
4.1-52-09
Seed commissioner - Powers
4.1-52-10
Seed commissioner - Duties
4.1-52-11
Seed department fund - Continuing appropriation
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
Section
Section Name
4.1-55-01
Definitions
4.1-55-02
Seed commissioner - Duties
4.1-55-03
Seed potato grades
4.1-55-04
Label requirements
4.1-55-05
Seed potatoes - Certification - Exception
4.1-55-06
Records
4.1-55-07
Imported seed potatoes - Certification requirement
4.1-55-08
Exported seed potatoes - Certification requirement
4.1-55-09
Official inspection locations - Designation
4.1-55-10
Potatoes shipped into state - Labeling requirement - Exception
4.1-55-11
Grade inspection certificate - Prima facie evidence
4.1-55-12
Liability - Potato crop quantity and quality
4.1-55-13
Plant and seed records - Exempt
4.1-55-14
Prohibitions
4.1-55-15
Seizure of seed potatoes - Liability
4.1-55-16
Enforcement - Hearing
4.1-55-17
Penalties
4.1-55-22.1
Facility operations and maintenance costs
Chapter 4.1-56 - Seed Potato Control Areas
Section
Section Name
4.1-56-01
Definition
4.1-56-02
Seed potato control area ‑ Proposal ‑ Notice of meeting
4.1-56-03
Seed potato control area ‑ Petition for formation
4.1-56-04
Seed potato control area ‑ Creation
4.1-56-05
Seed potato control area ‑ Governance committee
4.1-56-06
Governance committee ‑ Powers
4.1-56-07
Governance committee ‑ Duties
4.1-56-08
Prohibition
4.1-56-09
Assessment
4.1-56-10
Shipment of potatoes - Payment of assessment
4.1-56-11
Seed commissioner - Orders
4.1-56-12
Seed potato control area ‑ Dissolution
4.1-56-13
Penalty
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 4.1-83 - 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
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 6-05 - 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
Section
Section Name
6-05.2-01
Policies and procedures on brokerage placement practices
6-05.2-02
Administration of fiduciary powers
6-05.2-03
Books and accounts
6-05.2-04
Audit of trust activities
6-05.2-05
Uninvested or undistributed funds
6-05.2-06
Self‑dealing
6-05.2-07
Custody of investments
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 6-06.2 - 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 6-07.1 - Dissolution and Liquidation of Trust Companies
Section
Section Name
6-07.1-01
Action to close state trust company
6-07.1-02
Involuntary closing
6-07.1-03
Nature and duration of receivership
6-07.1-04
Contest of liquidation
6-07.1-05
Notice of state trust company closing
6-07.1-06
Inventory
6-07.1-07
Title and receiver
6-07.1-08
Rights fixed
6-07.1-09
Depositories
6-07.1-10
Pending lawsuits
6-07.1-11
New lawsuits
6-07.1-12
Records with third parties
6-07.1-13
Injunction in aid of liquidation
6-07.1-14
Subpoena
6-07.1-15
Preferences
6-07.1-16
Administrative expenses
6-07.1-17
Disposal of property and settling claims
6-07.1-18
Filing reports and expenses
6-07.1-19
Fiduciary activities
6-07.1-20
Disposition and maintenance of records
6-07.1-21
Filing claims
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
Section
Section Name
6-08.1-01
Definitions
6-08.1-02
Exemptions
6-08.1-03
Duty of confidentiality
6-08.1-03.1
Agricultural and commercial accounts
6-08.1-04
Consent
6-08.1-05
Government access
6-08.1-06
Suspicion of unlawful conduct
6-08.1-07
Cost reimbursement
6-08.1-08
Liability
6-08.1-09
Joint marketing agreements ‑ Consent
6-08.1-10
Rules
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
Section
Section Name
6-08.3-01
Definitions
6-08.3-02
Application to acquire a bank or bank holding company
6-08.3-02.1
Application to acquire a state‑chartered or national bank
6-08.3-03
Disapproval ‑ Grounds
6-08.3-03.1
Deposit limitation
6-08.3-04
New bank application
6-08.3-05
Applicant capital requirement
6-08.3-06
Notice of disapproval ‑ Hearing
6-08.3-07
Divestiture ‑ Cease and desist
6-08.3-08
Supervision ‑ Examinations
6-08.3-09
Reports
6-08.3-09.1
Reporting requirements
6-08.3-10
Public information and participation ‑ Notice
6-08.3-11
Exception
6-08.3-12
Reporting of loans
6-08.3-13
Interstate banking authorization
6-08.3-14
Provisions not severable
Chapter 6-08.4 - Interstate Branching
Section
Section Name
6-08.4-01
Definitions
6-08.4-02
Interstate branches
6-08.4-03
Authority of state banks to establish interstate branches
6-08.4-04
Interstate merger transactions and branching permitted
6-08.4-05
Notice and filing requirements
6-08.4-06
Powers
6-08.4-06.1
Reciprocity required
6-08.4-07
Enforcement
6-08.4-08
Powers of industrial bank
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 ‑ Continuing appropriation ‑ Audit and costs of administration
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 6-09.4 - 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 6-09.7 - 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
Section
Section Name
6-09.8-01
Definitions
6-09.8-02
Beginning farmer loan guarantee program ‑ Administration by the Bank of North Dakota
6-09.8-03
Loan guarantee fund ‑ Administrative charges
6-09.8-04
Application for guarantee
6-09.8-05
Term ‑ Annual fee
6-09.8-06
Termination
6-09.8-07
Rules
Chapter 6-09.9 - Family Farm Survival Act
Section
Section Name
6-09.9-01
Short title
6-09.9-02
Definitions
6-09.9-03
Operating loans ‑ Participation by the Bank of North Dakota
6-09.9-04
Participation loans by private financial institutions
6-09.9-05
Interest buydown
6-09.9-06
Agribusinesses
6-09.9-07
Rules
Chapter 6-09.10 - Credit Review Board and Agricultural Mediation
Section
Section Name
6-09.10-01
Definitions
6-09.10-02
Credit review board
6-09.10-02.1
Additional duties of board
6-09.10-03
North Dakota mediation service ‑ Establishment - Administration ‑ Fees
6-09.10-03.1
Board compensation
6-09.10-04
Request for assistance ‑ Negotiation ‑ Mediation
6-09.10-04.1
Liability
6-09.10-05
Interest rate buydowns by the board
6-09.10-06
Fund ‑ Appropriation
6-09.10-07
Interest rates ‑ Repayment ‑ Loan qualification
6-09.10-08
Home‑quarter ‑ Appraised value
6-09.10-08.1
Contract for legal and tax assistance ‑ Administration
6-09.10-08.2
Legal and tax service contract requirements
6-09.10-08.3
Eligible farmers and small business persons
6-09.10-08.4
Payment for assistance
6-09.10-08.5
Alternatives to litigation ‑ Cooperation with other service providers
6-09.10-08.6
Assumption of powers and duties of credit review board
6-09.10-09
Rulemaking authority
6-09.10-10
Mediation ‑ Open records and meetings exception
6-09.10-11
Agriculture commissioner ‑ Authorization to receive and expend moneys
Chapter 6-09.11 - Financial Assistance for Family Farmers
Section
Section Name
6-09.11-01
Definitions
6-09.11-02
Industrial commission ‑ Powers and duties ‑ Bonds
6-09.11-03
Loans ‑ Participation by the Bank of North Dakota
6-09.11-04
Loans to farmers ‑ Purposes
6-09.11-05
Loan applications
6-09.11-06
Loan restrictions
6-09.11-07
Insurance requirements
6-09.11-08
Records
6-09.11-09
Postponement of repayment of principal
6-09.11-10
Credit review board
6-09.11-11
Rules
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
Section
Section Name
6-09.15-01
Definitions
6-09.15-02
Loan guarantee fund ‑ Administration
6-09.15-03
Application for guarantee ‑ Term ‑ Annual fee
6-09.15-03.1
Loan guarantee for child care facility
6-09.15-04
Termination
6-09.15-05
Rules
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 6-09.18 - 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
Section
Section Name
6-10-01
License required to act as agent for deposits
6-10-02
License fee ‑ Bond
6-10-03
Limit on license
6-10-04
Agent must deposit funds as directed
6-10-05
Rules and regulations
6-10-06
Duty of commissioner
6-10-07
Revocation of license
6-10-08
Penalty
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
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 8-05 - 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
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
Section
Section Name
9-03-01
Requisites of consent
9-03-02
Absence of free consent ‑ Effect
9-03-03
What renders apparent consent not free
9-03-04
When consent deemed voidable
9-03-05
Duress defined
9-03-06
Menace defined
9-03-07
Fraud classified
9-03-08
Actual fraud defined
9-03-09
Constructive fraud defined
9-03-10
Actual fraud is question of fact
9-03-11
Undue influence defined
9-03-12
Mistake classified
9-03-13
Mistake of fact defined
9-03-14
Mistake of law defined
9-03-15
Mistake of foreign laws
9-03-16
Mutual consent defined
9-03-17
Communication of consent
9-03-18
Mode of communication of acceptance
9-03-19
When consent communicated
9-03-20
Acts constituting acceptance
9-03-21
Acceptance must be absolute
9-03-22
When proposal revocable
9-03-23
How proposal may be revoked
9-03-24
Ratification as consent
9-03-25
Acceptance of benefit equivalent to 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
Section
Section Name
9-14-01
Definitions
9-14-02
Notice to customers
9-14-03
Right of cancellation
9-14-04
Mandatory contract form
9-14-05
Disclosures made prior to contract
9-14-06
Financial requirements
9-14-07
Restriction on use of negotiable instruments
9-14-08
Records
9-14-09
Remedies and enforcement
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
Chapter 10-01 - General Provisions [Repealed]
Title 10 - Corporations
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 10-04 - 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 10-06.1 - 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 10-12 - 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 10-15 - 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 (Contingent effective date - See note)
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 10-19.1 - North Dakota Business Corporation Act
Section
Section Name
10-19.1-00.1
Citation
10-19.1-01
Definitions
10-19.1-01.1
Legal recognition of electronic records and electronic signatures
10-19.1-01.2
Knowledge and notice
10-19.1-02
Application to corporations incorporated after June 30, 1985
10-19.1-02.1
Reservation of legislative right
10-19.1-03
Election prior to mandatory application
10-19.1-04
Mandatory application
10-19.1-05
Retention of two‑thirds majority
10-19.1-06
Transition
10-19.1-07
Reservation of legislative power
10-19.1-08
Purposes
10-19.1-09
Incorporators
10-19.1-10
Articles
10-19.1-11
Filing of articles of incorporation
10-19.1-12
Effective date of incorporation
10-19.1-13
Corporate name (Contingent effective date - See note)
10-19.1-14
Reserved name
10-19.1-15
Registered office ‑ Registered agent
10-19.1-16
Change of registered office or registered agent ‑ Change of name of registered agent
10-19.1-17
Amendment of articles
10-19.1-18
Procedure for amendment when no shares are outstanding
10-19.1-19
Procedure for amendment after issuance of shares
10-19.1-20
Class or series voting on amendments
10-19.1-21
Articles of amendment
10-19.1-22
Effect of amendment
10-19.1-23
Filing articles of amendment
10-19.1-24
Effective date of articles of amendment
10-19.1-25
Amendment of articles in court‑supervised reorganization
10-19.1-26
General powers
10-19.1-27
Corporate seal
10-19.1-28
Defense of ultra vires
10-19.1-29
Unauthorized assumption of corporate powers ‑ Liability
10-19.1-30
Organization
10-19.1-31
Bylaws
10-19.1-32
Board
10-19.1-33
Number of directors
10-19.1-34
Qualifications and election of directors
10-19.1-35
Terms of directors
10-19.1-36
Acts not void or voidable
10-19.1-37
Compensation of directors
10-19.1-38
Classification of directors
10-19.1-39
Voting for directors ‑ Cumulative voting
10-19.1-40
Resignation of directors
10-19.1-41
Nonjudicial removal of directors
10-19.1-41.1
Removal of directors by judicial proceeding
10-19.1-42
Board vacancies
10-19.1-43
Board meetings
10-19.1-44
Absent directors
10-19.1-45
Quorum of directors
10-19.1-46
Act of the board
10-19.1-47
Action without meeting by directors
10-19.1-48
Board committees
10-19.1-49
Committee of disinterested persons
10-19.1-50
Standard of conduct for directors
10-19.1-51
Director conflicts of interest
10-19.1-52
Officers
10-19.1-53
Duties of officers and agents
10-19.1-54
Other officers
10-19.1-55
Multiple offices
10-19.1-56
Officers deemed elected
10-19.1-57
Contract rights
10-19.1-58
Resignation, removal, and vacancies for officers
10-19.1-59
Delegation by officers
10-19.1-60
Standard of conduct for officers
10-19.1-61
Authorized shares
10-19.1-61.1
Share dividends, divisions, and combinations
10-19.1-62
Subscriptions for shares
10-19.1-63
Consideration for shares ‑ Value and payment ‑ Liability
10-19.1-64
Rights to purchase
10-19.1-65
Pre-emptive rights
10-19.1-66
Share certificates ‑ Issuance and contents ‑ Uncertificated shares
10-19.1-67
Lost share certificates ‑ Replacement
10-19.1-68
Fractional shares
10-19.1-69
Liability of subscribers and shareholders with respect to shares
10-19.1-70
Restriction on transfer or registration of securities
10-19.1-71
Regular meetings of shareholders
10-19.1-72
Special meetings of shareholders
10-19.1-72.1
Court‑ordered meeting of shareholders
10-19.1-73
Notice of shareholder meetings
10-19.1-73.1
Electronic communications
10-19.1-73.2
Voting rights
10-19.1-73.3
Voting list
10-19.1-74
Act of the shareholders
10-19.1-74.1
Contractual requirement to submit matter to shareholders
10-19.1-75
Shareholder action without a meeting
10-19.1-75.1
Shareholder action by ballot
10-19.1-75.2
Remote communications for shareholder meetings
10-19.1-75.3
Number of shareholders
10-19.1-76
Quorum of shareholders
10-19.1-76.1
Voting of shares by organizations and legal representatives
10-19.1-76.2
Proxies
10-19.1-76.3
Acceptance of shareholder act by the corporation
10-19.1-77
Voting rights
10-19.1-78
Voting list
10-19.1-79
Voting of shares by organizations and legal representatives
10-19.1-80
Proxies
10-19.1-81
Voting trusts
10-19.1-82
Shareholder voting agreements
10-19.1-83
Shareholder control agreements
10-19.1-84
Books and records ‑ Inspection
10-19.1-85
Financial statements
10-19.1-85.1
Equitable remedies for shareholders
10-19.1-86
Actions by shareholders
10-19.1-87
Rights of dissenting shareholders
10-19.1-88
Procedures for asserting dissenters' rights
10-19.1-89
Loans ‑ Guarantees ‑ Suretyship
10-19.1-90
Advances
10-19.1-91
Indemnification
10-19.1-92
Distributions
10-19.1-93
Power to acquire shares
10-19.1-94
Liability of shareholders for illegal distributions
10-19.1-95
Liability of directors for illegal distributions
10-19.1-96
Merger ‑ Exchange ‑ Transfer
10-19.1-97
Plan of merger or exchange
10-19.1-98
Plan approval
10-19.1-99
Articles of merger ‑ Certificate
10-19.1-100
Merger of subsidiary into parent
10-19.1-100.1
Merger to effect a holding company reorganization
10-19.1-101
Abandonment of plan of merger or exchange
10-19.1-102
Effective date of merger or exchange ‑ Effect
10-19.1-102.1
Continuance of corporate authority
10-19.1-103
Merger or exchange with foreign organization
10-19.1-104
Transfer of assets ‑ When permitted
10-19.1-104.1
Conversion
10-19.1-104.2
Plan of conversion
10-19.1-104.3
Plan approval and amendment
10-19.1-104.4
Articles of conversion
10-19.1-104.5
Abandonment of conversion
10-19.1-104.6
Effective date of conversion ‑ Effect
10-19.1-105
Methods of dissolution
10-19.1-106
Voluntary dissolution prior to the issuance of shares
10-19.1-107
Voluntary dissolution after the issuance of shares
10-19.1-108
Filing notice of intent to dissolve ‑ Effect
10-19.1-109
Procedure in dissolution
10-19.1-110
Dissolution procedure for corporations that give notice to creditors and claimants
10-19.1-110.1
Dissolution procedure for corporations that do not give notice to creditors and claimants
10-19.1-111
Claims in dissolution
10-19.1-112
Revocation of dissolution proceedings
10-19.1-113
Articles of dissolution ‑ Certificate of dissolution ‑ Effect
10-19.1-113.1
Filing of articles of dissolution ‑ Effective date of dissolution ‑ Certificate
10-19.1-114
Supervised voluntary dissolution
10-19.1-115
Involuntary dissolution
10-19.1-116
Procedure in involuntary or supervised voluntary dissolution
10-19.1-117
Qualifications of receivers ‑ Powers
10-19.1-118
Action by attorney general
10-19.1-119
Filing claims in proceedings to dissolve
10-19.1-120
Discontinuance of dissolution proceedings
10-19.1-121
Decree of dissolution
10-19.1-122
Filing decree
10-19.1-123
Deposit with administrator of abandoned property of amount due certain shareholders ‑ Appropriation
10-19.1-124
Claims barred ‑ Exceptions
10-19.1-125
Right to sue or defend after dissolution
10-19.1-126
Omitted assets
10-19.1-127
Extension after duration expired
10-19.1-128
Effect of extension
10-19.1-129
Service of process on corporation, foreign corporation, and nonresident directors
10-19.1-130
State interested ‑ Proceedings
10-19.1-131
Foreign trade zones
10-19.1-132
Foreign corporation ‑ Governing law
10-19.1-133
Foreign corporation ‑ Name
10-19.1-134
Foreign corporation ‑ Admission of foreign corporation ‑ Transacting business ‑ Obtaining licenses and permits
10-19.1-135
Foreign corporation application for certificate of authority
10-19.1-136
Foreign corporation ‑ Issuance of certificate of authority
10-19.1-137
Foreign corporation ‑ Amendments to the certificate of authority
10-19.1-138
Foreign corporation ‑ Registered agent ‑ Registered office
10-19.1-139
Foreign corporation ‑ Merger of foreign corporation authorized to transact business in this state
10-19.1-139.1
Foreign corporation ‑ Conversion of foreign corporation authorized to transact business in this state
10-19.1-140
Foreign corporation ‑ Certificate of withdrawal
10-19.1-141
Foreign corporation ‑ Revocation of certificate of authority
10-19.1-142
Foreign corporation ‑ Transaction of business without certificate of authority
10-19.1-143
Foreign corporation ‑ Transactions not constituting transacting business
10-19.1-144
Foreign corporation ‑ Action by attorney general
10-19.1-145
Foreign corporation ‑ Service of process
10-19.1-146
Secretary of state ‑ Annual report of corporations and foreign corporations ‑ Involuntary dissolution ‑ Revocation of certificate of authority
10-19.1-146.1
Secretary of state ‑ Involuntary dissolution ‑ Revocation of certificate of authority
10-19.1-147
Fees for filing records ‑ Issuing certificates ‑ License fees
10-19.1-148
Secretary of state ‑ Powers ‑ Enforcement ‑ Penalty ‑ Appeal
10-19.1-148.1
Delivery to and filing of records by secretary of state and effective date
10-19.1-148.2
Correcting a filed record
10-19.1-149
Secretary of state ‑ Certificates and certified copies to be received in evidence
10-19.1-149.1
Secretary of state ‑ Confidential records
10-19.1-150
Secretary of state ‑ Forms to be furnished by the secretary of state
10-19.1-151
Miscellaneous ‑ Foreign trade zones
10-19.1-152
Audit reports and audit of corporations receiving state subsidies for production of alcohol or methanol for combination with gasoline
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
Section
Section Name
10-30-01
Organization
10-30-02
Purposes ‑ Loans from Bank of North Dakota
10-30-03
Incorporation
10-30-04
Powers of investment corporations
10-30-05
Business Corporation Act to apply
10-30-06
Capitalization
10-30-07
Board of directors
10-30-08
Nonstockholder members ‑ Loan limitation
10-30-09
Earned surplus
10-30-10
Obligation limitation
10-30-11
Deposit of funds ‑ Loans
10-30-12
Loans ‑ Investment by applicant
10-30-13
Pre-emptive right not authorized
10-30-14
Notes or obligations ‑ Legal investments
Chapter 10-30.5 - North Dakota Development Fund, Incorporated
Section
Section Name
10-30.5-01
Definitions
10-30.5-02
Purpose and fund uses
10-30.5-03
Organization
10-30.5-04
Powers
10-30.5-05
Management
10-30.5-06
Divestiture
10-30.5-07
Confidentiality of corporation records
10-30.5-08
Annual audit
10-30.5-09
Annual report
10-30.5-10
North Dakota development fund ‑ Continuing appropriation
10-30.5-11
Economic development funds ‑ Wage requirements
10-30.5-12
Entrepreneurship awards
10-30.5-13
Small business technology investment program
10-30.5-14
Research North Dakota venture investment program
Chapter 10-30.6 - Community Development Corporations
Section
Section Name
10-30.6-01
Organization
10-30.6-02
Purposes
10-30.6-03
Incorporation
10-30.6-04
Powers of investment corporations
10-30.6-05
Board of directors
10-30.6-06
Earned surplus
10-30.6-07
Obligation limitation
10-30.6-08
Deposit of funds ‑ Loans
10-30.6-09
Pre-emptive right not authorized
10-30.6-10
Notes or obligations ‑ Legal investments
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 10-32.1 - 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 (Contingent effective date - See note)
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 (Contingent effective date - See note)
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 (Contingent effective date - See note)
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 (Contingent effective date - See note)
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 (Contingent effective date - See note)
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 (Contingent effective date - See note)
10-36-09
Secretary of state ‑ Enforcement ‑ Appeal ‑ Penalty
Title 11 - Counties
Chapter 11-01 - Names and Boundaries of Counties
Section
Section Name
11-01-01
Names and boundaries
11-01-02
Adams County
11-01-03
Barnes County
11-01-04
Benson County
11-01-05
Billings County
11-01-06
Bottineau County
11-01-07
Bowman County
11-01-08
Burke County
11-01-09
Burleigh County
11-01-10
Cass County
11-01-11
Cavalier County
11-01-12
Dickey County
11-01-13
Divide County
11-01-14
Dunn County
11-01-15
Eddy County
11-01-16
Emmons County
11-01-17
Foster County
11-01-18
Golden Valley County
11-01-19
Grand Forks County
11-01-20
Grant County
11-01-21
Griggs County
11-01-22
Hettinger County
11-01-23
Kidder County
11-01-24
LaMoure County
11-01-25
Logan County
11-01-26
McHenry County
11-01-27
McIntosh County
11-01-28
McKenzie County
11-01-29
McLean County
11-01-30
Mercer County
11-01-31
Morton County
11-01-32
Mountrail County
11-01-33
Nelson County
11-01-34
Oliver County
11-01-35
Pembina County
11-01-36
Pierce County
11-01-37
Ramsey County
11-01-38
Ransom County
11-01-39
Renville County
11-01-40
Richland County
11-01-41
Rolette County
11-01-42
Sargent County
11-01-43
Sheridan County
11-01-44
Sioux County
11-01-45
Slope County
11-01-46
Stark County
11-01-47
Steele County
11-01-48
Stutsman County
11-01-49
Towner County
11-01-50
Traill County
11-01-51
Walsh County
11-01-52
Ward County
11-01-53
Wells County
11-01-54
Williams County
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
Section
Section Name
11-05.1-01
County consolidation committee
11-05.1-02
Chairman ‑ Secretary ‑ Quorum
11-05.1-03
Powers and duties ‑ Contents of plan
11-05.1-04
Approval of consolidation plan
11-05.1-05
Approval of new county government plan
11-05.1-06
Expenses
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 protection and restraining orders ‑ Duty of sheriff (Effective through December 31, 2025)
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 11-18 - 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 11-19.1 - 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 11-27 - 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 11-30 - 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 11-33.2 - Subdivision Regulation
Section
Section Name
11-33.2-01
Subdivision defined
11-33.2-02
County power to regulate subdivision
11-33.2-03
Scope of county authority
11-33.2-04
Preparation of subdivision resolution ‑ Contents
11-33.2-05
Public hearing ‑ Notice
11-33.2-06
Publication of resolution ‑ Effective date
11-33.2-07
Separate hearings
11-33.2-08
Board may adjust enforcement of resolution
11-33.2-09
Appeals to district court
11-33.2-10
Board to enforce chapter
11-33.2-11
Board may approve plats ‑ Appropriate money
11-33.2-12
Effect of approval of plats
11-33.2-12.1
Contents of plat ‑ Location and elevation of lakes, rivers, or streams ‑ Notification of floodplain
11-33.2-13
Remedies to effect completion of improvements
11-33.2-14
Recording plat
11-33.2-15
Penalty and remedies
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 11-38 - 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
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]
Title 12 - Corrections, Parole, and Probation
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 12-52 - 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 12-54.1 - 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 12-55.1 - 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 12-59 - 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 (Effective through December 31, 2025)
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
Section
Section Name
12-60.1-01
Definitions
12-60.1-02
Grounds to file petition to seal criminal record
12-60.1-03
Petition to seal criminal record
12-60.1-04
Hearing on petition
12-60.1-05
Closing nonconviction records
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 12-65 - 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
Section
Section Name
12-67-01
Definitions
12-67-02
Application
12-67-03
Program description ‑ Fees
12-67-04
Consent of the participant
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
Section
Section Name
12.1-05-01
Justification
12.1-05-02
Execution of public duty
12.1-05-03
Self‑defense
12.1-05-04
Defense of others
12.1-05-05
Use of force by persons with parental, custodial, or similar responsibilities
12.1-05-06
Use of force in defense of premises and property
12.1-05-07
Limits on the use of force ‑ Excessive force ‑ Deadly force
12.1-05-07.1
Use of deadly force ‑ Presumption of fear of death or serious bodily injury
12.1-05-07.2
Immunity from civil liability for justifiable use of force
12.1-05-08
Excuse
12.1-05-09
Mistake of law
12.1-05-10
Duress
12.1-05-11
Entrapment
12.1-05-12
Definitions
Chapter 12.1-06 - Criminal Attempt - Facilitation - Solicitation - Conspiracy
Section
Section Name
12.1-06-01
Criminal attempt
12.1-06-02
Criminal facilitation
12.1-06-03
Criminal solicitation
12.1-06-04
Criminal conspiracy
12.1-06-05
General provisions
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
Section
Section Name
12.1-06.2-01
Definitions
12.1-06.2-02
Criminal street gang crime ‑ Penalty
12.1-06.2-03
Encouraging minors to participate in criminal street gang ‑ Penalty
12.1-06.2-04
Local ordinances not preempted
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
Section
Section Name
12.1-08-01
Physical obstruction of government function
12.1-08-02
Preventing arrest or discharge of other duties
12.1-08-03
Hindering law enforcement
12.1-08-04
Aiding consummation of crime
12.1-08-05
Failure to appear after release ‑ Bail jumping
12.1-08-06
Escape
12.1-08-07
Public servants permitting escape
12.1-08-08
Inciting or leading riot in detention facilities
12.1-08-09
Introducing or possessing contraband useful for escape
12.1-08-10
Harboring a runaway minor ‑ Penalty
12.1-08-11
Refusing to halt
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
Section
Section Name
12.1-11-01
Perjury
12.1-11-02
False statements
12.1-11-03
False information or report to law enforcement officers or security officials
12.1-11-04
General provisions
12.1-11-05
Tampering with public records
12.1-11-06
Public servant refusing to perform duty
12.1-11-07
Fraudulent practice in urine testing
Chapter 12.1-12 - Bribery - Unlawful Influence of Public Servants
Section
Section Name
12.1-12-01
Bribery
12.1-12-02
Illegal influence between legislators or between legislators and governor
12.1-12-03
Unlawful compensation for assistance in government matters
12.1-12-04
Trading in public office and political endorsement
12.1-12-05
Trading in special influence
12.1-12-06
Threatening public servants
12.1-12-07
Sports bribery
12.1-12-08
Commercial bribery
12.1-12-09
Definitions for chapter
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
Section
Section Name
12.1-15-01
Criminal defamation
12.1-15-02
Interception of wire or oral communications ‑ Eavesdropping
12.1-15-03
Traffic in intercepting devices
12.1-15-04
Definitions
12.1-15-05
Interception of correspondence
12.1-15-06
Implanting microchips prohibited
Chapter 12.1-16 - Homicide
Section
Section Name
12.1-16-01
Murder
12.1-16-02
Manslaughter
12.1-16-03
Negligent homicide
12.1-16-04
Assisting the commission of suicide ‑ Causing death by suicide ‑ Penalties
12.1-16-05
Injunctive relief
12.1-16-06
Construction
12.1-16-07
Civil damages
12.1-16-08
Suspension or revocation of license of health care provider
Chapter 12.1-17 - Assaults - Threats - Coercion - Harassment
Section
Section Name
12.1-17-01
Simple assault
12.1-17-01.1
Assault
12.1-17-01.2
Domestic violence
12.1-17-02
Aggravated assault
12.1-17-03
Reckless endangerment
12.1-17-04
Terrorizing
12.1-17-04.1
Domestic terrorism ‑ Definitions ‑ Penalty
12.1-17-05
Menacing
12.1-17-06
Criminal coercion
12.1-17-07
Harassment
12.1-17-07.1
Stalking
12.1-17-07.2
Distribution of intimate images without or against consent ‑ Penalty
12.1-17-08
Consent as a defense
12.1-17-09
Killing or injury of law enforcement support animal ‑ Definition ‑ Penalty
12.1-17-10
Hazing ‑ Penalty
12.1-17-11
Contact by bodily fluids or excrement
12.1-17-12
Assault or homicide while fleeing peace officer
12.1-17-13
Mandated intervention program for domestic violence offenders (Effective through December 31, 2025)
12.1-17-14
Forced or coerced abortion ‑ Penalty
Chapter 12.1-17.1 - Offenses Against Unborn Children
Section
Section Name
12.1-17.1-01
Definitions
12.1-17.1-02
Murder of an unborn child
12.1-17.1-03
Manslaughter of an unborn child
12.1-17.1-04
Negligent homicide of an unborn child
12.1-17.1-05
Aggravated assault of an unborn child
12.1-17.1-06
Assault of an unborn child
12.1-17.1-07
Exception
12.1-17.1-08
Other convictions not prohibited
Chapter 12.1-18 - Kidnapping
Section
Section Name
12.1-18-01
Kidnapping
12.1-18-02
Felonious restraint
12.1-18-03
Unlawful imprisonment
12.1-18-04
Definitions
12.1-18-05
Removal of child from state in violation of custody decree ‑ Penalty
Chapter 12.1-19.1 - Abortion
Section
Section Name
12.1-19.1-01
Definitions
12.1-19.1-02
Abortion prohibited ‑ Penalty
12.1-19.1-03
Exceptions
Chapter 12.1-20 - Sex Offenses
Section
Section Name
12.1-20-01
General provisions
12.1-20-02
Definitions
12.1-20-03
Gross sexual imposition ‑ Penalty
12.1-20-03.1
Continuous sexual abuse of a child
12.1-20-04
Sexual imposition
12.1-20-05
Corruption or solicitation of minors
12.1-20-05.1
Luring minors by computer or other electronic means
12.1-20-06
Sexual abuse of wards
12.1-20-06.1
Sexual exploitation by therapist ‑ Definitions ‑ Penalty
12.1-20-07
Sexual assault
12.1-20-08
Fornication
12.1-20-09
Adultery
12.1-20-10
Unlawful cohabitation
12.1-20-11
Incest
12.1-20-12
Deviate sexual act
12.1-20-12.1
Indecent exposure
12.1-20-12.2
Surreptitious intrusion
12.1-20-12.3
Sexual extortion
12.1-20-13
Bigamy
12.1-20-14
Admissibility of evidence concerning reputation of complaining witness ‑ Gross sexual imposition and sexual imposition
12.1-20-15
Credibility of complaining witness attacked ‑ Procedure
12.1-20-15.1
Admissibility of evidence of victim's manner of dress in sex offense cases
12.1-20-16
Appointment of a guardian ad litem in prosecution for sex offenses
12.1-20-17
Transfer of body fluid that may contain the human immunodeficiency virus ‑ Definitions ‑ Defenses ‑ Penalty
12.1-20-18
Definitions
12.1-20-19
Release of sexual offender from place of confinement ‑ Duties of official in charge
12.1-20-20
Duty to register
12.1-20-21
Change of address ‑ Duty to inform
12.1-20-22
Duration of registration
12.1-20-23
Penalty
12.1-20-24
Facilitation of sexual acts in public
12.1-20-25
Sexual offender presence near schools prohibited
12.1-20-26
Sexual reproductive imposition
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
Section
Section Name
12.1-21.1-01
Definitions
12.1-21.1-02
Animal facility ‑ Damage or destruction
12.1-21.1-03
Entry forbidden ‑ Notice
12.1-21.1-04
Penalty
12.1-21.1-05
Civil action
Chapter 12.1-22 - Robbery - Breaking and Entering Offenses
Section
Section Name
12.1-22-01
Robbery
12.1-22-02
Burglary
12.1-22-03
Criminal trespass ‑ Noncriminal offense on posted property
12.1-22-03.1
Surreptitious intrusion
12.1-22-04
Unlawful entry into or concealment within a vehicle
12.1-22-05
Stowing away
12.1-22-06
Definitions
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
Section
Section Name
12.1-24-01
Forgery or counterfeiting
12.1-24-02
Facilitation of counterfeiting
12.1-24-03
Deceptive writings
12.1-24-04
Definitions
12.1-24-05
Making or uttering slugs
Chapter 12.1-25 - Riot
Section
Section Name
12.1-25-01
Inciting riot
12.1-25-02
Arming rioters
12.1-25-03
Engaging in a riot
12.1-25-04
Disobedience of public safety orders under riot conditions
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
Section
Section Name
12.1-27.2-01
Definitions
12.1-27.2-02
Use of a minor in a sexual performance
12.1-27.2-03
Promoting or directing an obscene sexual performance by a minor
12.1-27.2-04
Promoting a sexual performance by a minor
12.1-27.2-04.1
Possession of certain materials prohibited
12.1-27.2-04.2
Sexual performance by a minor ‑ Enhanced penalties
12.1-27.2-05
Sexual performance by a minor ‑ Affirmative defenses
12.1-27.2-06
Proof of age of minor
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
Section
Section Name
12.1-29-01
Promoting prostitution
12.1-29-02
Facilitating prostitution
12.1-29-03
Prostitution
12.1-29-04
Testimony of spouse in prostitution offenses
12.1-29-05
Definitions
12.1-29-06
Hiring an individual to engage in sexual activity
12.1-29-07
Offender education program
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 (Repealed effective January 1, 2026)
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 12.1-31.2 - Disorderly Conduct Restraining Order
Section
Section Name
12.1-31.2-01
Disorderly conduct restraining order ‑ Penalty (Repealed effective January 1, 2026)
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
Section
Section Name
12.1-33-01
Rights lost
12.1-33-02
Rights retained by convicted person
12.1-33-02.1
Prior conviction of a crime not bar to state licensures ‑ Exceptions
12.1-33-02.2
Public employment ‑ Consideration of criminal record
12.1-33-03
Certificate of discharge
12.1-33-04
Savings provisions
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
Section
Section Name
12.1-35-01
Definitions
12.1-35-02
Additional services
12.1-35-03
Information about child victims or witnesses of crimes generally may not appear in public record
12.1-35-04
Limits on interviews and testimony
12.1-35-05
Prompt disposition
12.1-35-05.1
Assistance during proceedings
12.1-35-05.2
Confidentiality of testimony
12.1-35-05.3
Application to discovery proceedings
12.1-35-06
Cause of action for damages and injunctive relief
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
Section
Section Name
12.1-36.1-01
Definitions
12.1-36.1-02
Perception of a minor's sex ‑ Prohibited practices ‑ Penalty
12.1-36.1-03
Exceptions
12.1-36.1-04
Statutory limitation
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
Section
Section Name
12.1-38-01
Definitions
12.1-38-02
Perpetrator's assumption of the risk
12.1-38-03
Evidence
12.1-38-04
Attorney's fees to victim
12.1-38-05
Stay of claim for relief
Chapter 12.1-39 - Human Cloning
Section
Section Name
12.1-39-01
Definitions
12.1-39-02
Human cloning ‑ Prohibition ‑ Penalty
Chapter 12.1-41 - Uniform Act on Prevention of and Remedies for Human Trafficking
Section
Section Name
12.1-41-01
Definitions
12.1-41-02
Trafficking an individual
12.1-41-03
Forced labor
12.1-41-04
Sexual servitude
12.1-41-05
Patronizing a victim of sexual servitude
12.1-41-06
Patronizing a minor for commercial sexual activity
12.1-41-07
Business entity liability
12.1-41-08
Aggravating circumstance
12.1-41-08.1
Prohibited acts ‑ Mandatory terms of imprisonment
12.1-41-09
Restitution
12.1-41-10
Victim confidentiality
12.1-41-11
Past sexual behavior of victim
12.1-41-12
Immunity of minor
12.1-41-13
Affirmative defense of victim
12.1-41-14
Motion to vacate and seal conviction
12.1-41-15
Civil action
12.1-41-16
Display of public-awareness sign
12.1-41-17
Eligibility for benefit or service
12.1-41-18
Law enforcement protocol
12.1-41-19
Grant to or contract with service provider
12.1-41-20
Use of public funds for abortions prohibited
12.1-41-21
Forced or coerced abortion
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
Section
Section Name
13-01.1-01
Prompt payment required
13-01.1-02
When interest payment required
13-01.1-03
Interest must compound
13-01.1-04
Additional appropriation prohibited
13-01.1-05
When this chapter is inapplicable
13-01.1-06
Subcontractor prompt payment required
Chapter 13-01.2 - Financial Institution Data Security Program
Section
Section Name
13-01.2-01
Definitions
13-01.2-02
Standards for safeguarding customer information
13-01.2-03
Elements of a security program
13-01.2-04
Exemptions
Chapter 13-02.1 - Uniform Voidable Transactions Act
Section
Section Name
13-02.1-01
Definitions
13-02.1-02
Insolvency
13-02.1-03
Value
13-02.1-04
Transfer or obligation voidable as to present or future creditor
13-02.1-05
Transfer or obligation voidable as to present creditor
13-02.1-06
When transfer is made or obligation is incurred
13-02.1-07
Remedies of creditor
13-02.1-08
Defenses ‑ Liability ‑ Protection of transferee or obligee
13-02.1-09
Extinguishment of claim for relief
13-02.1-10
Supplementary provisions
13-02.1-11
Governing law
13-02.1-12
Application to series organization
13-02.1-13
Relation to Electronic Signatures in Global and National Commerce Act
Chapter 13-04.1 - Money Brokers
Section
Section Name
13-04.1-01
Administration
13-04.1-01.1
Definitions
13-04.1-02
Money broker license required
13-04.1-02.1
Entities exempted from licensing requirements
13-04.1-03
Application for money broker license
13-04.1-04
Fee to accompany application for money broker license
13-04.1-04.1
Surety bond required
13-04.1-04.2
Minimum net worth required
13-04.1-05
Expiration and renewal of license
13-04.1-05.1
Automatic six‑month extension of license during 2009 calendar year
13-04.1-06
Powers of the department of financial institutions
13-04.1-07
Manner in which records to be kept
13-04.1-08
Revocation of license ‑ Suspension of license ‑ Surrender of license
13-04.1-08.1
Suspension and removal of money broker officers and employees
13-04.1-09
Prohibited acts and practices
13-04.1-09.1
Advance fees prohibited ‑ Exception
13-04.1-09.2
Maximum charges permitted for loans not in excess of one thousand dollars ‑ Refund ‑ Installment payments ‑ Permitted charges
13-04.1-09.3
Maximum charges permitted for loans ‑ Installment payments ‑ Permitted charges
13-04.1-10
Orders and injunctions
13-04.1-11
Investigations, subpoenas, and examination authority
13-04.1-11.1
Response to department requests
13-04.1-12
Remedies not exclusive
13-04.1-13
Penalty
13-04.1-14
Confidentiality
13-04.1-15
Change of name or address
13-04.1-16
Call reports
13-04.1-17
Report to nationwide multistate licensing system and registry
13-04.1-18
Disclosure of customer information
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 13-07 - 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 13-09.1 - Money Transmitters
Section
Section Name
13-09.1-01
Definitions
13-09.1-02
Exemptions
13-09.1-03
Authority to require demonstration of exemption
13-09.1-04
Implementation
13-09.1-05
Confidentiality
13-09.1-06
Supervision
13-09.1-07
Networked supervision
13-09.1-08
Relationship to federal law
13-09.1-09
License required
13-09.1-10
Consistent state licensing
13-09.1-11
Application for license
13-09.1-12
Information requirements for certain individuals
13-09.1-13
Issuance of license
13-09.1-14
Renewal of license
13-09.1-15
Maintenance of license
13-09.1-16
Acquisition of control
13-09.1-17
Notice and information requirements for a change of key individuals
13-09.1-18
Report of condition
13-09.1-19
Audited financials
13-09.1-20
Authorized delegate reporting
13-09.1-21
Reports of certain events
13-09.1-22
Anti-money laundering ‑ Countering the financing of terrorism reports
13-09.1-23
Records
13-09.1-24
Relationship between licensee and authorized delegate
13-09.1-25
Unauthorized activities
13-09.1-26
Prohibited authorized new delegates ‑ Penalty
13-09.1-27
Timely transmission
13-09.1-28
Refunds
13-09.1-29
Receipts
13-09.1-30
Notice
13-09.1-31
Disclosures for payroll processing services
13-09.1-32
Net worth
13-09.1-33
Surety bond
13-09.1-34
Maintenance of permissible investments
13-09.1-35
Types of permissible investments
13-09.1-36
Suspension and revocation
13-09.1-37
Suspension and revocation of authorized delegates
13-09.1-38
Orders to cease and desist
13-09.1-39
Consent orders
13-09.1-40
Criminal penalties
13-09.1-41
Civil penalties
13-09.1-42
Unlicensed persons
13-09.1-43
Transition period
13-09.1-44
Definitions
13-09.1-45
Scope
13-09.1-46
Conditions precedent to engaging in virtual-currency business activity
13-09.1-47
Required disclosures
13-09.1-48
Property interests and entitlement to virtual currency
13-09.1-49
Additional requirement and clarifications for virtual-currency business activities
13-09.1-50
Virtual‑currency kiosks
13-09.1-51
Disclosures
13-09.1-52
Prevention of fraudulent activity
13-09.1-53
Daily transaction limit
13-09.1-54
Customer service
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 Services
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 (Effective through December 31, 2025)
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
Section
Section Name
14-02.5-01
Definitions
14-02.5-02
Sale or rental
14-02.5-03
Publication
14-02.5-04
Inspection
14-02.5-05
Entry into neighborhood
14-02.5-06
Disability
14-02.5-07
Residential real estate‑related transaction
14-02.5-08
Brokerage services
14-02.5-09
Sales and rentals exempted
14-02.5-10
Religious organization, private club, and appraisal exemption
14-02.5-11
Housing for elderly exempted
14-02.5-12
Effect on other law
14-02.5-13
Duties and powers of department
14-02.5-14
Complaints
14-02.5-15
Reports and studies
14-02.5-16
Cooperation with other entities
14-02.5-17
Gifts and grants ‑ Fair housing fund ‑ Continuing appropriation
14-02.5-18
Complaint
14-02.5-19
Answer
14-02.5-20
Investigation
14-02.5-21
Additional or substitute respondent
14-02.5-22
Conciliation
14-02.5-23
Temporary or preliminary relief
14-02.5-24
Investigative report
14-02.5-25
Reasonable cause determination
14-02.5-26
Charge
14-02.5-27
Land use law
14-02.5-28
Dismissal
14-02.5-29
Pending civil trial
14-02.5-30
Election of judicial determination
14-02.5-31
Administrative hearing
14-02.5-32
Administrative penalties
14-02.5-33
Effect of departmental order
14-02.5-34
Licensed or regulated business
14-02.5-35
Order in preceding five years
14-02.5-36
Attorney general action for enforcement
14-02.5-37
Pattern or practice case ‑ Penalties
14-02.5-38
Subpoena enforcement
14-02.5-39
Civil action
14-02.5-40
Court‑appointed attorney
14-02.5-41
Relief granted
14-02.5-42
Effect of relief granted
14-02.5-43
Intervention by attorney general
14-02.5-44
Prevailing party
14-02.5-45
Intimidation or interference ‑ Penalty
14-02.5-46
Records exempt
Chapter 14-02.6 - Partial-Birth Abortion
Section
Section Name
14-02.6-01
Definitions
14-02.6-02
Prohibition ‑ Penalty ‑ Exception
14-02.6-03
Exception for life of mother
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 14-03.2 - Uniform Premarital and Marital Agreements Act
Section
Section Name
14-03.2-01
Definitions
14-03.2-02
Scope
14-03.2-03
Governing law
14-03.2-04
Principles of law and equity
14-03.2-05
Formation requirements
14-03.2-06
When agreement effective
14-03.2-07
Void marriage
14-03.2-08
Enforcement
14-03.2-09
Unenforceable terms
14-03.2-10
Limitation of action
14-03.2-11
Relation to Electronic Signatures in Global and National Commerce Act
Chapter 14-04 - Annulment of Marriage
Section
Section Name
14-04-01
Grounds for annulling marriage
14-04-02
Action to annul ‑ Limitations of time
14-04-03
Legitimacy of children
14-04-04
Custody of children
14-04-05
Effect of judgment
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 (Effective through December 31, 2025)
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 14-06.1 - 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 (Effective through December 31, 2025)
14-07.1-02
Domestic violence protection order (Repealed effective January 1, 2026)
14-07.1-02.1
Allegation of domestic violence ‑ Effect (Effective through December 31, 2025)
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 (Repealed effective January 1, 2026)
14-07.1-03.1
Notification of stalking law (Repealed effective January 1, 2026)
14-07.1-04
Assistance of law enforcement officer in service or execution (Repealed effective January 1, 2026)
14-07.1-05
Right to apply for relief (Repealed effective January 1, 2026)
14-07.1-05.1
Appointment of guardian ad litem for minor (Repealed effective January 1, 2026)
14-07.1-06
Penalty for violation of a protection order (Repealed effective January 1, 2026)
14-07.1-07
Nonexclusive remedy (Repealed effective January 1, 2026)
14-07.1-08
Emergency relief (Repealed effective January 1, 2026)
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 (Effective through December 31, 2025)
14-07.1-12
Reports
14-07.1-13
Order prohibiting contact ‑ Penalty
14-07.1-14
Law enforcement guidelines and training (Effective through December 31, 2025)
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 (Effective through December 31, 2025)
14-07.1-20
Domestic violence fatality review commission
Chapter 14-07.3 - Minors' Counseling Information Privacy
Section
Section Name
14-07.3-01
Definitions
14-07.3-02
Confidentiality of information concerning a minor
14-07.3-03
Access procedures for parents
Chapter 14-07.4 - Uniform Interstate Enforcement of Protection Orders Act
Section
Section Name
14-07.4-01
Definitions
14-07.4-02
Judicial enforcement of order
14-07.4-03
Nonjudicial enforcement of order
14-07.4-04
Registration of order
14-07.4-05
Immunity
14-07.4-06
Other remedies
14-07.4-07
Penalty
Chapter 14-07.5 - Uniform Recognition and Enforcement of Canadian Protection Orders Act
Section
Section Name
14-07.5-01
Definitions
14-07.5-02
Nonjudicial enforcement of order
14-07.5-03
Judicial enforcement of order
14-07.5-04
Registration of order
14-07.5-05
Immunity
14-07.5-06
Other remedies
14-07.5-07
Penalty
Chapter 14-07.6 - Abusive Litigation
Section
Section Name
14-07.6-01
Definitions (Effective through December 31, 2025)
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
Section
Section Name
14-07.7-01
Definitions (Effective after December 31, 2025)
14-07.7-02
Petition for civil protection order (Effective after December 31, 2025)
14-07.7-03
Civil protection order ‑ General provisions ‑ Confidentiality (Effective after December 31, 2025)
14-07.7-04
Temporary disorderly conduct restraining order (Effective after December 31, 2025)
14-07.7-05
Disorderly conduct restraining order (Effective after December 31, 2025)
14-07.7-06
Temporary domestic violence protection order (Effective after December 31, 2025)
14-07.7-07
Domestic violence protection order (Effective after December 31, 2025)
14-07.7-08
(Effective after December 31, 2025)
14-07.7-09
Sexual assault restraining order (Effective after December 31, 2025)
14-07.7-10
Assistance of state's attorney or domestic violence sexual assault advocate (Effective after December 31, 2025)
14-07.7-11
Notification of stalking law (Effective after December 31, 2025)
14-07.7-12
Service (Effective after December 31, 2025)
14-07.7-13
Right to apply for relief (Effective after December 31, 2025)
14-07.7-14
Appointment of guardian ad litem of minor (Effective after December 31, 2025)
14-07.7-15
Nonexclusive remedy (Effective after December 31, 2025)
14-07.7-16
Transmittal to bureau of criminal investigation (Effective after December 31, 2025)
14-07.7-17
Penalty for violation of a civil protection order (Effective after December 31, 2025)
14-07.7-18
Arrest without warrant (Effective after December 31, 2025)
14-07.7-19
Assistance of law enforcement (Effective after December 31, 2025)
14-07.7-20
Orders issued before January 1, 2026 (Effective after December 31, 2025)
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
Section
Section Name
14-09.1-01
Purpose
14-09.1-02
Mediation authorized ‑ Exception
14-09.1-03
Appointment of mediator
14-09.1-04
Qualifications of mediators
14-09.1-05
Privacy
14-09.1-06
Confidentiality
14-09.1-07
Mediation summary
14-09.1-08
Failure to agree
Chapter 14-09.2 - Parental Rights and Responsibilities
Section
Section Name
14-09.2-01
Parenting coordinator ‑ Definition
14-09.2-02
Appointment of parenting coordinator
14-09.2-03
Qualifications
14-09.2-04
Agreement or decision binding
14-09.2-05
Fees
14-09.2-06
Confidentiality
14-09.2-07
Immunity
14-09.2-08
Modification or termination of appointment
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
Section
Section Name
14-09.4-01
Definitions
14-09.4-02
Scope
14-09.4-03
Requirements for order of custody or visitation
14-09.4-04
Presumption for parental decision
14-09.4-05
Commencement of proceeding ‑ Jurisdiction
14-09.4-06
Verified petition
14-09.4-07
Sufficiency of petition
14-09.4-08
Notice
14-09.4-09
Appointment ‑ Interview of child ‑ Court services ‑ Limitation
14-09.4-10
Emergency order
14-09.4-11
Best interest of child
14-09.4-12
Presumption arising from child abuse, child neglect, domestic violence, sexual assault, or stalking
14-09.4-13
Order of custody or visitation
14-09.4-14
Modification of custody or visitation
14-09.4-15
Findings of fact and conclusions of law
14-09.4-16
Effect of adoption of child by stepparent or other relative
14-09.4-17
Expense of facilitating visitation
14-09.4-18
Law governing child support
14-09.4-19
Equitable right or remedy
14-09.4-20
Relation to Electronic Signatures in Global and National Commerce 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
Section
Section Name
14-10.2-01
Definitions
14-10.2-02
Limited removal of disability of minors
14-10.2-03
Application and construction
14-10.2-04
Short title
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 14-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act
Section
Section Name
14-14.1-01
(102) Definitions
14-14.1-02
(103) Proceedings governed by other law
14-14.1-03
(104) Application to Indian tribes
14-14.1-04
(105) International application
14-14.1-05
(106) Effect of child custody determination
14-14.1-06
(107) Priority
14-14.1-07
(108) Notice to persons outside state
14-14.1-08
(109) Appearance and limited immunity
14-14.1-09
(110) Communication between courts
14-14.1-10
(111) Taking testimony in another state
14-14.1-11
(112) Cooperation between courts ‑ Preservation of records
14-14.1-12
(201) Initial child custody jurisdiction
14-14.1-13
(202) Exclusive, continuing jurisdiction
14-14.1-14
(203) Jurisdiction to modify determination
14-14.1-15
(204) Temporary emergency jurisdiction
14-14.1-16
(205) Notice ‑ Opportunity to be heard ‑ Joinder
14-14.1-17
(206) Simultaneous proceedings
14-14.1-18
(207) Inconvenient forum
14-14.1-19
(208) Jurisdiction declined by reason of conduct
14-14.1-20
(209) Information to be submitted to court
14-14.1-21
(210) Appearance of parties and child
14-14.1-22
(302) Enforcement under the Hague convention
14-14.1-23
(303) Duty to enforce
14-14.1-24
(304) Temporary visitation
14-14.1-25
(305) Registration of child custody determination
14-14.1-26
(306) Enforcement of registered determination
14-14.1-27
(307) Simultaneous proceedings
14-14.1-28
(308) Expedited enforcement of child custody determination
14-14.1-29
(309) Service of petition and order
14-14.1-30
(310) Hearing and order
14-14.1-31
(311) Warrant to take physical custody of child
14-14.1-32
(312) Costs, fees, and expenses
14-14.1-33
(313) Recognition and enforcement
14-14.1-34
(314) Appeals
14-14.1-35
(315) Role of state's attorney
14-14.1-36
(316) Role of law enforcement
14-14.1-37
(317) Costs and expenses
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 14-18 - Uniform Status of Children of Assisted Conception Act
Section
Section Name
14-18-01
Definitions
14-18-02
Maternity
14-18-02.1
Paternity
14-18-03
Assisted conception by married woman
14-18-04
Parental status of donors and deceased persons
14-18-05
Surrogate agreements
14-18-06
Relation of parent and child
14-18-07
Succession and gift rights
14-18-08
Gestational carrier agreements
14-18-09
Responsibility of intended parents for pregnancy‑related costs
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 15-09 - 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
Section
Section Name
15-10.1-01
Declaration of legislative intent
15-10.1-01.1
Legislative intent on reciprocity
15-10.1-02
Agreements ‑ Reciprocal basis
15-10.1-03
Remission of nonresident tuition ‑ Agreements
15-10.1-04
Procedures ‑ Limitations
15-10.1-05
Supplementary authority
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
Section
Section Name
15-10.4-01
Definitions
15-10.4-02
Adoption of 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
Section
Section Name
15-10.6-01
Definitions
15-10.6-02
Designation of athletic teams
15-10.6-03
Adverse action against institution prohibition
15-10.6-04
Cause of action
Chapter 15-10.7 - Specified Concepts
Section
Section Name
15-10.7-01
Definitions
15-10.7-02
Specified concept ‑ Prohibition on discrimination
15-10.7-03
Prohibition on specified concept training
15-10.7-04
Construction and purpose
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 15-15 - 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 15-20.1 - 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 15-20.4 - Postsecondary Educational Institutions
Section
Section Name
15-20.4-01
Definitions
15-20.4-02
Exemptions
15-20.4-02.1
Voluntary application for authorization to operate
15-20.4-03
Board powers and duties
15-20.4-03.1
Career school fee fund
15-20.4-04
Minimum standards ‑ Exceptions
15-20.4-05
Prohibition
15-20.4-06
Refund of tuition fees
15-20.4-07
Negotiation of promissory instruments
15-20.4-08
Cancellation of contract for instrument
15-20.4-09
Remedy of defrauded student ‑ Treble damages
15-20.4-10
Board review
15-20.4-11
Violations ‑ Civil penalty
15-20.4-12
Violations ‑ Criminal penalty
15-20.4-13
Jurisdiction of courts ‑ Service of process
15-20.4-14
Enforcement ‑ Injunction
15-20.4-15
Unlawful to issue, manufacture, or use false academic degrees ‑ Penalty
15-20.4-16
Unlawful to use degree or certificate when coursework not completed ‑ Penalty
15-20.4-17
Consumer protection ‑ False academic degrees
15-20.4-18
Unlawful to operate accreditation mill ‑ Penalty
15-20.4-19
Compliance with professional board registration and certification requirements
Chapter 15-39.1 - Teachers' Fund for Retirement
Section
Section Name
15-39.1-01
Teachers' fund for retirement created
15-39.1-02
Prior fund terminated
15-39.1-03
Rights under prior chapter preserved
15-39.1-04
Definitions
15-39.1-05
Management of fund
15-39.1-05.1
Board composition ‑ Terms ‑ Voting
15-39.1-05.2
Board authority ‑ Continuing appropriation
15-39.1-06
Organization of board
15-39.1-07
Vacancies ‑ Rulemaking power
15-39.1-08
Compensation of members
15-39.1-09
Membership in fund and assessments ‑ Employer payment of employee contribution (Contingent expiration date - See note)
15-39.1-09.1
Participation of nonpublic schoolteachers
15-39.1-10
Eligibility for normal retirement benefits
15-39.1-10.1
Postretirement adjustments
15-39.1-10.2
Postretirement adjustments
15-39.1-10.3
Multiple plan membership ‑ Eligibility for benefits ‑ Amount of benefits
15-39.1-10.4
Postretirement adjustments
15-39.1-10.5
Postretirement adjustments
15-39.1-10.6
Benefit limitations
15-39.1-10.7
Postretirement adjustments
15-39.1-10.8
Postretirement adjustments
15-39.1-10.9
Postretirement adjustment
15-39.1-10.10
Postretirement adjustment
15-39.1-10.11
Postretirement adjustments
15-39.1-10.12
Supplemental retiree benefit payment
15-39.1-11
Vesting of rights
15-39.1-12
Early reduced retirement benefits
15-39.1-12.1
Partial service retirement
15-39.1-12.2
Benefit payments to alternate payee under domestic relations order
15-39.1-13
Exemptions from legal process
15-39.1-14
Retirement not mandatory
15-39.1-15
Withdrawal from fund ‑ Return to teaching
15-39.1-16
Option of teachers eligible to receive annuities
15-39.1-17
Death of member
15-39.1-18
Disability retirements
15-39.1-19
Annuities discontinued on resumption of teaching
15-39.1-19.1
Retired teachers return to active service ‑ Annuities discontinued on resumption of teaching over annual hour limit
15-39.1-19.2
Retired teachers return to active service ‑ Critical shortage areas and disciplines
15-39.1-19.3
Membership in fund and assessment ‑ Retired military personnel ‑ Exception
15-39.1-20
Withdrawal from fund
15-39.1-21
Effect on existing obligations
15-39.1-22
Annual audit
15-39.1-23
Penalties for failure to make required reports and payments
15-39.1-24
Purchase of additional credit
15-39.1-25
Certain rights and obligations fixed
15-39.1-26
Investment of moneys in fund ‑ Interest and earnings attributable to fund
15-39.1-27
Computation of years of service
15-39.1-28
Tax levy for teachers' retirement
15-39.1-29
Fraud against fund ‑ Penalty
15-39.1-30
Confidentiality of records
15-39.1-31
Correction of errors ‑ Adjustment to actuarial equivalent
15-39.1-32
Correction of errors ‑ Lump sum payment
15-39.1-33
Employer service purchases
15-39.1-34
Internal Revenue Code compliance
15-39.1-35
Savings clause - Plan modifications
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 15-52 - 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 15-54.1 - 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 15-62.1 - 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 15-62.4 - 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 15-68 - Indian Cultural Education Trust
Section
Section Name
15-68-01
Trust establishment
15-68-02
Powers and duties of board
15-68-03
Donation
15-68-04
Trust management
15-68-05
Payments in lieu of taxation
15-68-06
Continuing appropriation
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 15-70 - 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
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 15.1-06 - 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 (Effective through December 31, 2025)
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
Section
Section Name
15.1-20-01
Compulsory attendance
15.1-20-02
Compulsory attendance ‑ Exceptions
15.1-20-02.1
Attendance - Determination - Policies
15.1-20-03
Compulsory attendance law ‑ Enforcement ‑ Penalty
15.1-20-03.1
Submission of data
15.1-20-03.2
Truancy prevention and intervention programs - Resources
15.1-20-04
Home education ‑ Definition
Chapter 15.1-21 - Curriculum and Testing
Section
Section Name
15.1-21-01
Elementary and middle schools ‑ Required instruction
15.1-21-02
High schools ‑ Required units
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
Section
Section Name
15.1-39-01
Definitions
15.1-39-02
Designation of athletic teams
15.1-39-03
Adverse action against school prohibition
15.1-39-04
Cause of action
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
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 - Elections
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 (Effective through December 31, 2025)
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 16.1-08.1 - 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
Section
Section Name
16.1-11.1-01
Counties may conduct mail ballot elections ‑ Polling places ‑ Records
16.1-11.1-02
Application for mail ballots
16.1-11.1-03
Mail ballot distribution
16.1-11.1-04
Voting by electors
16.1-11.1-05
Replacement ballots
16.1-11.1-06
Canvass of votes ‑ Mail ballot precinct
16.1-11.1-07
Counting of mail ballots
16.1-11.1-08
Election laws applicable
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
Section
Section Name
16.1-14.1-01
Definitions
16.1-14.1-02
Designation of state's electors
16.1-14.1-03
Pledge
16.1-14.1-04
Certification of electors
16.1-14.1-05
Presiding officer ‑ Elector vacancy
16.1-14.1-06
Elector voting
16.1-14.1-07
Elector replacement ‑ Associated certificates
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 17-03 - 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
Section
Section Name
17-05-01
Declaration of findings and public purpose
17-05-02
North Dakota transmission authority
17-05-03
Definitions
17-05-04
Purposes
17-05-05
Powers
17-05-06
Authority may act
17-05-07
Authority may participate upon request
17-05-08
Evidences of indebtedness
17-05-09
Public service commission jurisdiction and consultation
17-05-10
Bonds as legal investments
17-05-11
Disposal of transmission facilities
17-05-12
Exemption from property taxes
17-05-13
Reporting requirements
17-05-14
Access to authority records ‑ Confidentiality
Chapter 17-06 - Ethanol Council
Section
Section Name
17-06-01
Definitions
17-06-02
Council ‑ Membership ‑ Election ‑ Term
17-06-03
Election of chairman ‑ Meetings
17-06-04
Council members ‑ Compensation
17-06-05
Council ‑ Powers
17-06-06
Council ‑ Duties
17-06-07
Assessment
17-06-08
Calculation of assessment ‑ Records
17-06-09
Submission of assessments ‑ Civil penalty
17-06-10
Refund of assessment
17-06-11
Expenditure of funds
17-06-12
Continuing appropriation
17-06-13
Penalty
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
Section
Section Name
18-12-01
Application
18-12-02
Definitions
18-12-03
Plans and specifications
18-12-04
Employment of registered architects and engineers
18-12-05
State fire marshal
18-12-06
Construction requirements
18-12-07
Shops and industrial arts
18-12-08
Auditorium stage area protection
18-12-09
Corridors
18-12-10
Exits
18-12-11
Stairways
18-12-12
Interior finish
18-12-13
Fire extinguishers
18-12-14
Storage rooms ‑ Ordinary combustibles
18-12-15
Storage rooms ‑ Flammable liquids and dangerous chemicals
18-12-16
Fire alarm systems
18-12-17
Sprinklers
18-12-18
Heating plant rooms
18-12-19
Incinerators
18-12-20
Ventilation
18-12-21
Hot water
18-12-22
Gas
18-12-23
Electrical
18-12-24
Change of occupancy
18-12-25
Reference data
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 19-02.1 - 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 19-03.1 - Uniform Controlled Substances Act
Section
Section Name
19-03.1-01
Definitions
19-03.1-01.1
Board ‑ Agreements ‑ Gifts
19-03.1-02
Authority to control
19-03.1-03
Nomenclature
19-03.1-04
Schedule I tests
19-03.1-05
Schedule I
19-03.1-06
Schedule II tests
19-03.1-07
Schedule II
19-03.1-08
Schedule III tests
19-03.1-09
Schedule III
19-03.1-10
Schedule IV tests
19-03.1-11
Schedule IV
19-03.1-12
Schedule V tests
19-03.1-13
Schedule V
19-03.1-14
Republishing of schedules
19-03.1-15
Rules
19-03.1-16
Registration requirements
19-03.1-17
Registration
19-03.1-17.1
Criminal history record checks
19-03.1-18
Revocation and suspension of registration
19-03.1-19
Order to show cause
19-03.1-20
Records of registrants
19-03.1-20.1
Report of any theft or loss
19-03.1-21
Order forms
19-03.1-22
Prescriptions
19-03.1-22.1
Volatile chemicals ‑ Inhalation of vapors prohibited ‑ Definitions ‑ Penalty
19-03.1-22.2
Endangerment of child or vulnerable adult
19-03.1-22.3
Ingesting a controlled substance ‑ Venue for violation ‑ Penalty
19-03.1-22.4
Controlled substances dispensed by means of the internet
19-03.1-22.5
Controlled substance analog use ‑ Venue for violation ‑ Penalty
19-03.1-22.6
Distribution of illegal drugs ‑ Special penalty for death or injury
19-03.1-23
Prohibited acts ‑ Penalties
19-03.1-23.1
Increased penalties for aggravating factors in drug offenses ‑ Penalty
19-03.1-23.2
Mandatory terms of imprisonment ‑ Deferred or suspended sentence limited
19-03.1-23.3
Drug currency forfeiture
19-03.1-23.4
Overdose prevention and immunity
19-03.1-23.5
Fentanyl reporting ‑ Report to legislative management ‑ Fentanyl awareness campaign
19-03.1-24
Prohibited acts B ‑ Penalties
19-03.1-25
Prohibited acts C ‑ Penalties
19-03.1-26
Disposing of needles and paraphernalia ‑ Penalty
19-03.1-27
Penalties under other laws
19-03.1-28
Bar to prosecution
19-03.1-29
Distribution to persons under age eighteen
19-03.1-30
Conditional discharge for possession as first offense
19-03.1-31
Second or subsequent offenses
19-03.1-32
Powers of enforcement personnel ‑ Search warrants
19-03.1-33
Administrative inspections and warrants
19-03.1-34
Injunctions
19-03.1-35
Cooperative arrangements and confidentiality
19-03.1-36
Forfeitures
19-03.1-36.1
Manner of forfeiture
19-03.1-36.2
Forfeiture proceeding as civil action ‑ Standard of proof
19-03.1-36.3
Summons and complaint for forfeiture of property ‑ Contents of complaint ‑ Notice
19-03.1-36.4
Answer by claimant of property ‑ Time for filing
19-03.1-36.5
Disposition of property if no answer filed
19-03.1-36.6
Hearing on contested forfeiture ‑ Order releasing or forfeiting property
19-03.1-36.7
Legal interest in property
19-03.1-36.8
Reporting
19-03.1-37
Burden of proof ‑ Liabilities
19-03.1-38
Judicial review
19-03.1-39
Education and research
19-03.1-40
Pending proceedings
19-03.1-41
Continuation of rules
19-03.1-42
Uniformity of interpretation
19-03.1-43
Short title
19-03.1-44
Comprehensive status and trends report
19-03.1-45
Drug abuse assessment and treatment ‑ Presentence investigation ‑ Certified drug abuse treatment programs
19-03.1-46
Bail ‑ Additional conditions of release
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
Section
Section Name
19-03.5-01
Definitions
19-03.5-02
Requirements for prescription drug monitoring program
19-03.5-03
Access to prescription information
19-03.5-04
Authority to contract
19-03.5-05
Immunity
19-03.5-06
Data review and referral ‑ Corrections
19-03.5-07
Advisory council
19-03.5-08
Extraterritorial application
19-03.5-09
Authority to adopt rules - Rules adopted by professional licensing boards
19-03.5-10
Reporting unlawful acts and penalties
Chapter 19-03.6 - Pharmacy Records Audits
Section
Section Name
19-03.6-01
Definitions
19-03.6-02
Pharmacy benefits manager audit ‑ Rules
19-03.6-03
Audit reports ‑ Disclosure ‑ Distribution of recouped funds ‑ Review of auditor
19-03.6-04
Applicability
19-03.6-05
Penalty
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 19-05.1 - 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 19-06.1 - Honey
Section
Section Name
19-06.1-01
Definitions
19-06.1-02
Prohibited acts
19-06.1-03
Use of word honey in products not resembling honey
19-06.1-04
Use of word imitation prohibited
19-06.1-05
Enforcement authority
19-06.1-06
Penalty
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 19-17 - Flour and Bread Standards
Section
Section Name
19-17-01
Definitions
19-17-02
Flour standards
19-17-03
White bread standards
19-17-04
Enforcement
19-17-05
Penalty
19-17-06
Weights of containers for flour, cornmeal, and grits ‑ Penalty
Chapter 19-21 - Labeling of Hazardous Substances
Section
Section Name
19-21-01
Definitions
19-21-02
Prohibited acts
19-21-03
Stop‑sale orders ‑ Seizures
19-21-04
Hearing before report of criminal violation
19-21-04.1
Injunction proceedings
19-21-05
Regulations
19-21-06
Examinations and investigations
19-21-07
Records of shipment
19-21-08
Publicity
19-21-09
Penalties
19-21-10
Short title
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
Section
Section Name
19-22.1-01
Sale of artificially colored potatoes prohibited
19-22.1-02
Artificial coloring
19-22.1-03
Penalty
Chapter 19-23 - Food Provider Limited Liability for Obesity
Section
Section Name
19-23-01
Limited liability
19-23-02
Pleading requirements
19-23-03
Stay pending motion to dismiss
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
Section
Section Name
20.1-06-01
General penalty
20.1-06-02
Fish protected ‑ Penalty
20.1-06-03
Legal size of fish
20.1-06-04
Possession of seines, setlines, fishtraps
20.1-06-05
Removing undesirable fish
20.1-06-06
Illegal methods for taking fish
20.1-06-07
Fishhouses ‑ Removal ‑ Penalty
20.1-06-08
Governor's proclamation concerning spearfishing from dark houses
20.1-06-09
Deposit of refuse in fishing waters
20.1-06-10
Commercial sales of fish
20.1-06-11
Fish legally taken out of state
20.1-06-12
Regulations governing private fish hatcheries
20.1-06-13
Property rights ‑ Fish wild by nature
20.1-06-14
Live bait wholesalers and retailers ‑ License
20.1-06-15
Fishways at dams
20.1-06-16
Turtles not to be taken without permit or contract from director
20.1-06-17
Frogs ‑ Season for taking ‑ Rules
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
Section
Section Name
20.1-14-01
General penalty
20.1-14-02
Definitions
20.1-14-03
Departmental authority
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
Section
Section Name
20.1-17-01
Prevention and control of aquatic nuisance species
20.1-17-02
Compensation and expenses of appointive members of the aquatic nuisance committee
20.1-17-03
Management plan
20.1-17-04
Inspection of watercraft
20.1-17-05
Infested waters ‑ Restricted activities
20.1-17-06
Prohibited activities
20.1-17-07
Standard
20.1-17-08
Seizure
20.1-17-09
Penalty
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
Section
Section Name
21-03.1-01
Definitions
21-03.1-02
System of registration
21-03.1-03
Execution ‑ Authentication
21-03.1-04
Signatures
21-03.1-05
Seal
21-03.1-06
Agents ‑ Depositories
21-03.1-07
Costs ‑ Collection
21-03.1-08
Security for deposits
21-03.1-09
Public records ‑ Locations
21-03.1-10
Applicability ‑ Determination
21-03.1-11
Construction
21-03.1-12
Amendment or repeal ‑ Effect
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 21-09 - Bond Validating Act
Section
Section Name
21-09-01
Citation
21-09-02
Definitions
21-09-03
Validation of bonds and incidental proceedings
21-09-04
Matters validated
21-09-05
Application of chapter
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
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
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
Section
Section Name
23-01.2-01
Trauma system established
23-01.2-02
Physician immunity for voluntary medical direction
23-01.2-03
Trauma center designation
23-01.2-04
Medical director
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 23-02.1 - Health Statistics Act
Section
Section Name
23-02.1-01
Definitions
23-02.1-02
Office of statistical services
23-02.1-02.1
Birth, marriage, fetal death, and death records ‑ Transition to electronic birth registration system and electronic death registration system
23-02.1-03
Director of the office of statistical services and associative duties, state and deputy state registrars
23-02.1-04
Duties of the department
23-02.1-05
Duties of the state registrar
23-02.1-06
Registration districts
23-02.1-07
Duties of local registrars
23-02.1-08
Duties of subregistrars
23-02.1-09
Compensation of local registrars
23-02.1-10
Payment of fees to the local registrar
23-02.1-11
Form of records
23-02.1-12
Date of registration
23-02.1-13
Birth registration
23-02.1-14
Infants of unknown parentage ‑ Foundling registration
23-02.1-15
Delayed registration of birth
23-02.1-16
Delayed registration of death
23-02.1-17
Court reports of adoption
23-02.1-18
New birth records following adoption, legitimation, and paternity determination
23-02.1-19
Death registration
23-02.1-20
Fetal death registration
23-02.1-20.1
Fetal loss
23-02.1-21
Permits
23-02.1-22
Extension of time
23-02.1-23
Marriage registration
23-02.1-24
Court reports of divorce and annulment of marriage
23-02.1-25
Correction and amendment of vital records
23-02.1-25.1
Birth records ‑ Amendments and corrections ‑ Sex change
23-02.1-26
Reproduction of records
23-02.1-27
Disclosure of records
23-02.1-28
Copies of data from vital records
23-02.1-29
Fees
23-02.1-30
Persons required to keep records
23-02.1-31
Duties to furnish information relative to vital events
23-02.1-32
Penalties
23-02.1-33
Short title
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 23-06.3 - 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 23-06.5 - Health Care Directives
Section
Section Name
23-06.5-01
Statement of purpose
23-06.5-02
Definitions
23-06.5-03
Health care directive
23-06.5-04
Restrictions on who can act as agent
23-06.5-05
Health care directive requirements ‑ Execution and witnesses
23-06.5-05.1
Suggested health care directive form
23-06.5-06
Withdrawal as agent
23-06.5-07
Revocation
23-06.5-08
Inspection and disclosure of medical information
23-06.5-09
Duties of provider
23-06.5-10
Freedom from influence
23-06.5-11
Reciprocity
23-06.5-12
Immunity
23-06.5-13
Presumptions and application
23-06.5-14
Liability for health care costs
23-06.5-15
Validity of previously executed durable powers of attorney or other directives
23-06.5-16
Use of statutory form
23-06.5-17
Optional health care directive form
23-06.5-18
Penalties
23-06.5-19
Health care record registry ‑ Fees
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
Section
Section Name
23-07.2-01
Definitions
23-07.2-02
Blood disorder assistance program
23-07.2-03
Recovery from other sources
23-07.2-04
Rulemaking authority
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
Section
Section Name
23-07.5-01
Definitions
23-07.5-02
Informed consent for testing ‑ Exception
23-07.5-03
Written consent to disclosure
23-07.5-04
Record maintenance
23-07.5-05
Confidentiality of test results
23-07.5-06
Expanded disclosure of test results prohibited
23-07.5-07
Civil liability
23-07.5-08
Penalty
Chapter 23-07.6 - Communicable Disease Confinement Procedure
Section
Section Name
23-07.6-01
Definitions
23-07.6-02
Confinement order ‑ Penalty
23-07.6-03
Procedures for isolation and quarantine
23-07.6-04
Place of confinement
23-07.6-05
Court hearing
23-07.6-06
Notice of hearing
23-07.6-07
Access to records
23-07.6-08
Burden of proof
23-07.6-09
Court findings and orders
23-07.6-10
Request to terminate or modify an order ‑ Review of confinement orders
23-07.6-11
Closed hearing ‑ Confidentiality of information
23-07.6-12
Right of appeal
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 23-09 - 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
Section
Section Name
23-09.1-01
Definitions
23-09.1-02
Bed and breakfast facilities ‑ Powers of department
23-09.1-02.1
Inspection
23-09.1-02.2
License required ‑ Application ‑ Issuance
23-09.1-03
License fee
23-09.1-04
Injunction proceedings
23-09.1-05
Penalty
Chapter 23-09.2 - Food Preparer Education
Section
Section Name
23-09.2-01
Definitions
23-09.2-02
Rules
23-09.2-03
Minor violations
23-09.2-04
Exclusions
Chapter 23-09.3 - Basic Care Facilities
Section
Section Name
23-09.3-01
Definitions
23-09.3-01.1
Moratorium on expansion of basic care bed capacity
23-09.3-02
Residential areas ‑ Nongeriatric persons
23-09.3-03
Access to pharmacist
23-09.3-04
Department to establish standards ‑ Licensing ‑ Inspection ‑ Survey ‑ Prosecute violations
23-09.3-05
License required ‑ Term ‑ Revocation
23-09.3-05.1
Application for license ‑ License fee
23-09.3-06
Injunction
23-09.3-07
Contents of license
23-09.3-08
Records kept by basic care facility
23-09.3-08.1
Admission of residents to basic care facility ‑ Restrictions ‑ Exception
23-09.3-09
Authority to adopt rules
23-09.3-10
Rules on services to nongeriatric persons
23-09.3-11
Department to furnish information when requested
23-09.3-12
Penalty
Chapter 23-09.4 - Residential Care for Autistic Children
Section
Section Name
23-09.4-01
Definitions
23-09.4-02
Department to establish standards ‑ Licensing ‑ Inspection
23-09.4-03
License required ‑ Term ‑ Revocation
23-09.4-04
Method of providing service
23-09.4-05
Records
23-09.4-06
Violations ‑ Injunction
23-09.4-07
Authority to adopt rules
23-09.4-08
Penalty
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
Section
Section Name
23-10.1-01
Definitions
23-10.1-02
Conditions for appointment of receiver
23-10.1-03
Appointment of receiver
23-10.1-04
Termination of receivership
23-10.1-05
Accounting
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 23-15 - 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
Section
Section Name
23-15.1-01
Purpose
23-15.1-02
Definitions
23-15.1-03
Model rocket standards
23-15.1-04
Launch site standards
23-15.1-05
Storage and sale
23-15.1-06
Accident reporting
23-15.1-07
Penalty
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
Section
Section Name
23-16.1-01
Definitions
23-16.1-02
Conditions for appointment of receiver
23-16.1-02.1
Imminent threat to health or safety ‑ Conditions for appointment of receiver ‑ Appointment of receiver
23-16.1-02.2
Closure of facility or removal of residents
23-16.1-03
Appointment of receiver
23-16.1-04
Termination of receivership
23-16.1-05
Accounting
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 23-17.3 - Home Health Agency Licensure
Section
Section Name
23-17.3-01
Definitions
23-17.3-02
License required ‑ Rules
23-17.3-03
Certificate of need required
23-17.3-04
Issuance and renewal of licenses ‑ Evaluation
23-17.3-05
Standards of licensure
23-17.3-06
Advice and consultation
23-17.3-07
Denial, suspension, or revocation of license
23-17.3-08
Rules
23-17.3-09
Inspections ‑ Required information
23-17.3-10
Information confidential
Chapter 23-17.4 - Hospice Programs
Section
Section Name
23-17.4-01
Definitions
23-17.4-02
Hospice program license required
23-17.4-03
Scope of license
23-17.4-04
Application for license
23-17.4-05
Inspection of hospice program
23-17.4-06
Issuance of license ‑ Renewal
23-17.4-07
Basic requirements for hospice program
23-17.4-08
Rules and standards
23-17.4-09
Inspection and investigation authority
23-17.4-10
Denial, suspension, or revocation of license
Chapter 23-17.6 - Extended Stay Center Registration
Section
Section Name
23-17.6-01
Definitions
23-17.6-02
Registration required ‑ Rules
23-17.6-03
Issuance and renewal of certificate of registration ‑ Evaluation
23-17.6-04
Standards of registration
23-17.6-05
Denial, suspension, or revocation of certificate of registration
23-17.6-06
Rulemaking
23-17.6-07
Application and renewal fees
23-17.6-08
Reviews of extended stay center
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 23-21 - 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
Section
Section Name
23-21.1-01
Applicability of statute
23-21.1-02
Definitions
23-21.1-02.1
License to operate a perpetual care cemetery ‑ Fee
23-21.1-02.2
Revocation or nonrenewal of license to operate a perpetual care cemetery
23-21.1-03
Creation of perpetual care fund
23-21.1-03.1
Bond
23-21.1-04
Previously existing organizations
23-21.1-05
Nonperpetual care cemeteries
23-21.1-06
Nonperpetual care cemetery's qualification as perpetual care cemetery
23-21.1-06.1
Cemetery lot ‑ Neglect ‑ Resale
23-21.1-07
Unlawful acts
23-21.1-08
Unlawful acts ‑ Denial of privilege of interment because of race or color
23-21.1-09
Penalties
23-21.1-10
Continuing penalties
23-21.1-11
Representations as to speculative investment prohibited
23-21.1-12
Severability
23-21.1-13
Effect on existing cemetery organizations ‑ Enforcement
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 23-27 - 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 23-30 - 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 23-34 - 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 23-38.1 - 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
Section
Section Name
23-39-01
Definitions
23-39-02
Permit ‑ Fee
23-39-02.1
License fees
23-39-03
Advertising ‑ Notice ‑ Warning sign ‑ Tubes ‑ Prohibited claims
23-39-04
Liability
23-39-05
Duties
23-39-06
Injury reports
23-39-07
Enforcement ‑ Rules ‑ Penalty
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 23-43 - 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
Section
Section Name
23-44-01
Definitions
23-44-02
Nurse aide registry ‑ Rules
23-44-03
Exemption
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
Section
Section Name
23-50-01
Drug fatalities review panel
23-50-02
Powers and duties
23-50-03
Confidentiality
23-50-04
Access to records
23-50-05
State report
Chapter 23-51 - Maternal Mortality Review Committee
Section
Section Name
23-51-01
Definitions
23-51-02
Maternal mortality review committee
23-51-03
Powers and duties of committee
23-51-04
Powers and duties of school ‑ Continuing appropriation
23-51-05
Confidentiality
23-51-06
Access to records
23-51-07
Immunity
23-51-08
Annual state report
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
Section
Section Name
23.1-02-01
Definitions
23.1-02-02
Registration agency
23.1-02-03
Registration required
23.1-02-04
Certificate of registration
23.1-02-05
Penalty
Chapter 23.1-03 - Ionizing Radiation Development
Section
Section Name
23.1-03-01
Definitions
23.1-03-02
State radiation control agency
23.1-03-03
Powers and duties of the department
23.1-03-04
Licensing and registration of sources of ionizing radiation
23.1-03-05
Custody of disposal sites
23.1-03-06
Surety requirements
23.1-03-07
Procedural requirements
23.1-03-08
Additional authorities
23.1-03-09
Fees deposited in operating fund
23.1-03-10
Federal‑state agreements
23.1-03-11
Administrative procedures and judicial review
23.1-03-12
Injunction proceedings
23.1-03-13
Prohibited uses
23.1-03-14
Impounding of materials
23.1-03-15
Penalties
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
Section
Section Name
23.1-04.1-01
Definitions
23.1-04.1-02
Powers and duties of the department
23.1-04.1-03
Aboveground storage tank regulations
23.1-04.1-04
Fees - Deposit in operating fund
23.1-04.1-05
Inspections - Right of entry
23.1-04.1-06
Imminent hazard
23.1-04.1-07
Enforcement penalties
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
Section
Section Name
23.1-07-01
Statement of policy
23.1-07-02
Definitions
23.1-07-03
Classification of plants and systems
23.1-07-04
Certification
23.1-07-05
Fees
23.1-07-06
Duties of the department
23.1-07-06.1
Administrative procedure and judicial review
23.1-07-07
Unlawful operation
23.1-07-08
Violations ‑ Penalty
23.1-07-09
Wastewater infrastructure grant program
Chapter 23.1-07.1 - Onsite Wastewater Treatment Systems
Section
Section Name
23.1-07.1-01
Definitions
23.1-07.1-02
Septic systems - Authority
23.1-07.1-03
Licensing
23.1-07.1-04
Standards for onsite wastewater treatment systems ‑ Installation ‑ Inspection
23.1-07.1-05
Appeal to the department
23.1-07.1-06
Fees
23.1-07.1-07
Enforcement
23.1-07.1-08
Administrative procedure and judicial review
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 23.1-10 - 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
Section
Section Name
23.1-11-01
Degradation prevention program ‑ Maintenance of waters
23.1-11-02
Administration of chapter
23.1-11-03
Education program
23.1-11-04
Chemical use data and confidentiality requirement
23.1-11-05
Ground water standards
23.1-11-06
Ground water quality monitoring
23.1-11-07
Notification requirement
23.1-11-08
Access for ground water monitoring
23.1-11-09
Pollution prevention criteria
23.1-11-10
Wellhead protection program
23.1-11-11
Rules
23.1-11-12
Producer liability
Chapter 23.1-12 - Petroleum Release Remediation
Section
Section Name
23.1-12-01
Petroleum tank release compensation fund ‑ Established
23.1-12-02
Definitions
23.1-12-03
Petroleum release compensation board
23.1-12-04
Administration of fund ‑ Staff
23.1-12-05
Adoption of rules
23.1-12-06
Release discovery
23.1-12-07
Owner or operator not identified
23.1-12-08
Imminent hazard
23.1-12-09
Duty to notify
23.1-12-10
Providing of information
23.1-12-11
Examination of records
23.1-12-12
Responsibility for cost
23.1-12-13
Liability avoided
23.1-12-14
Other remedies
23.1-12-15
Revenue to the fund
23.1-12-16
Penalty
23.1-12-17
Registration fee
23.1-12-17.1
Registration fees before adoption of rules
23.1-12-18
Reimbursement for corrective action
23.1-12-19
Application for reimbursement
23.1-12-20
Department to determine costs
23.1-12-21
Liability of responsible person
23.1-12-22
Reimbursement not subject to attachment
23.1-12-23
Recovery of expenses
23.1-12-24
Costs exceeding reimbursement
23.1-12-25
Coordination of benefits
23.1-12-26
Third‑party damages ‑ Participation in actions and review of settlements
23.1-12-27
Third‑party damages ‑ Documentation
23.1-12-28
Matching federal funds
23.1-12-29
Fund appropriations
23.1-12-30
Investment of fund
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
Section
Section Name
23.1-14-01
Administration
23.1-14-02
Definitions
23.1-14-03
Registration ‑ Penalty
23.1-14-04
Adulteration
23.1-14-05
Misbranding
23.1-14-06
Rules and regulations
23.1-14-07
Inspection, sampling, and analysis
23.1-14-08
Prohibited acts
23.1-14-09
Enforcement
23.1-14-10
Submission of formula
23.1-14-11
Penalty
23.1-14-12
Prosecutions ‑ State's attorney
23.1-14-13
Injunction proceedings
23.1-14-14
Reports by department
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 24-02 - 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 24-12 - 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 24-15 - Temporary Roadblocks
Section
Section Name
24-15-01
Definition
24-15-02
Authority to establish roadblocks
24-15-03
Minimum requirements
24-15-04
Existing law preserved
24-15-05
Penalty
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
Section
Section Name
24-17-01
Declaration of policy
24-17-02
Definitions
24-17-03
Outdoor advertising distance limitations
24-17-03.1
Outdoor advertising beyond distance limitations
24-17-04
Removal of signs
24-17-05
Compensation for removal of signs
24-17-06
Highway corridor board ‑ Members
24-17-07
Organization of the board
24-17-08
Compensation of board members
24-17-08.1
Agreement between board and secretary of transportation ratified
24-17-09
Duties and powers of the director
24-17-10
Rules
24-17-11
Unlawful advertising
24-17-12
Enforcement
24-17-13
Hearings
24-17-14
Publication of resolutions, rules or regulations
24-17-15
Appeals to district court ‑ Application of chapter 28‑32
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 25-03.1 - 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
Section
Section Name
25-03.2-01
Definitions
25-03.2-02
License required
25-03.2-03
Requirements for license
25-03.2-03.1
Moratorium on expansion of psychiatric residential treatment facility for children bed capacity ‑ Exchange of bed capacity
25-03.2-04
Conviction not bar to licensure ‑ Exceptions
25-03.2-04.1
Criminal history record investigation ‑ Fingerprinting required
25-03.2-05
Content of license
25-03.2-06
Admission criteria
25-03.2-07
Method of providing service
25-03.2-08
Revocation or denial of license
25-03.2-09
Hearing on denial or revocation of license
25-03.2-10
Department may adopt rules
Chapter 25-03.3 - Commitment of Sexually Dangerous Individuals
Section
Section Name
25-03.3-01
Definitions
25-03.3-02
Jurisdiction and venue
25-03.3-03
Sexually dangerous individual ‑ Petition
25-03.3-03.1
Referral of inmates to state's attorneys ‑ Immunity
25-03.3-04
Retention of records
25-03.3-05
Abrogation of confidentiality statutes and privileges
25-03.3-06
Use of confidential records
25-03.3-07
Appointment of guardian ad litem
25-03.3-08
Sexually dangerous individual ‑ Procedure on petition ‑ Detention
25-03.3-09
Right to counsel ‑ Waiver
25-03.3-10
Notice
25-03.3-11
Preliminary hearing ‑ Probable cause
25-03.3-12
Sexually dangerous individual ‑ Evaluation
25-03.3-13
Sexually dangerous individual ‑ Commitment proceeding ‑ Report of findings
25-03.3-14
Interagency placement
25-03.3-15
Evidence of prior acts
25-03.3-16
Limitation on findings as evidence in criminal proceedings
25-03.3-17
Postcommitment proceeding, discharge, and further disposition
25-03.3-18
Petition for discharge ‑ Notice
25-03.3-18.1
Annual review ‑ Petition for discharge ‑ Inapplicability during periods of imprisonment
25-03.3-19
Appeal
25-03.3-20
Limitation of liability
25-03.3-21
Recovery of expense
25-03.3-22
Rules
25-03.3-23
Individual rights
25-03.3-24
Postcommitment community placement ‑ Penalty
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 25-06 - 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 25-11 - 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 25-13 - 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 25-16 - 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
Section
Section Name
25-16.1-01
Definitions
25-16.1-02
Conditions for appointment of receiver
25-16.1-03
Appointment of receiver
25-16.1-04
Termination of receivership
25-16.1-05
Accounting
Chapter 25-16.2 - Work Activity Center Contract Awards
Section
Section Name
25-16.2-01
Work activity center ‑ Definition
25-16.2-01.1
Purpose
25-16.2-02
Direct bidding with work activity centers for highway grade stakes
25-16.2-03
Contract requirement
25-16.2-04
Direct purchase from work activity centers
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
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
Section
Section Name
26.1-02.1-01
Definitions
26.1-02.1-02
Insurance fraud
26.1-02.1-02.1
Fraudulent insurance acts, interference, participation, and licensure of convicted felons prohibited
26.1-02.1-02.2
Venue for filing criminal charges
26.1-02.1-03
Disclosure of information
26.1-02.1-04
Immunity
26.1-02.1-05
Penalties ‑ Restitution
26.1-02.1-05.1
Administrative penalty and enforcement
26.1-02.1-05.2
Consent orders
26.1-02.1-05.3
Criminal prosecution
26.1-02.1-06
Mandatory reporting of fraudulent insurance acts
26.1-02.1-07
Confidentiality
26.1-02.1-08
Creation and purpose of the insurance fraud unit
26.1-02.1-09
Peace officer status
26.1-02.1-10
Other law enforcement or regulatory authority
26.1-02.1-11
Rules
Chapter 26.1-02.2 - Insurance Data Security
Section
Section Name
26.1-02.2-01
Definitions
26.1-02.2-02
Exclusive regulation
26.1-02.2-03
Information security program
26.1-02.2-04
Investigation of a cybersecurity event
26.1-02.2-05
Notification of a cybersecurity event
26.1-02.2-06
Power of commissioner
26.1-02.2-07
Confidentiality
26.1-02.2-08
Exceptions
26.1-02.2-09
Penalties
26.1-02.2-10
Rules and regulations
26.1-02.2-11
Implementation dates
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
Section
Section Name
26.1-03.1-01
Definitions
26.1-03.1-02
Risk‑based capital reports
26.1-03.1-03
Company action level event
26.1-03.1-04
Regulatory action level event
26.1-03.1-05
Authorized control level event
26.1-03.1-06
Mandatory control level event
26.1-03.1-07
Hearings
26.1-03.1-08
Confidentiality ‑ Prohibition on announcements ‑ Prohibition on use in ratemaking
26.1-03.1-09
Supplemental provisions ‑ Rules ‑ Exemption
26.1-03.1-10
Foreign insurers
26.1-03.1-11
Immunity
26.1-03.1-12
Notices
26.1-03.1-13
Phasein provision
Chapter 26.1-03.2 - Risk-Based Capital for Health Organizations
Section
Section Name
26.1-03.2-01
Definitions
26.1-03.2-02
Risk‑based capital reports
26.1-03.2-03
Company action level event
26.1-03.2-04
Regulatory action level event
26.1-03.2-05
Authorized control level event
26.1-03.2-06
Mandatory control level event
26.1-03.2-07
Hearings
26.1-03.2-08
Confidentiality ‑ Prohibition on announcements ‑ Prohibition on use in ratemaking
26.1-03.2-09
Supplemental provisions ‑ Rules ‑ Exemption
26.1-03.2-10
Foreign health organizations
26.1-03.2-11
Immunity
26.1-03.2-12
Notices
26.1-03.2-13
Phasein provision
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
Section
Section Name
26.1-06-01
Definitions
26.1-06-02
Takeover bid ‑ Restrictions
26.1-06-03
Takeover ‑ Offer ‑ Terms
26.1-06-04
Deceptive practices
26.1-06-05
Hearing
26.1-06-06
Offenses punishable by the commissioner ‑ Penalty
26.1-06-07
Separate offenses
26.1-06-08
Civil liabilities
26.1-06-09
Consent to service of process
26.1-06-10
Enforcement ‑ Enjoining violations
26.1-06-11
Rulemaking
26.1-06-12
Securities laws
26.1-06-13
Offenses ‑ Penalties ‑ Statute of limitation
Chapter 26.1-06.1 - Insurance Company Rehabilitation and Liquidation
Section
Section Name
26.1-06.1-01
Construction and purpose
26.1-06.1-02
Persons covered
26.1-06.1-03
Definitions
26.1-06.1-04
Jurisdiction and venue
26.1-06.1-05
Injunctions and orders
26.1-06.1-06
Cooperation of officers, owners, and employees ‑ Penalty
26.1-06.1-07
Continuation of delinquency proceedings
26.1-06.1-08
Condition on release from delinquency proceedings
26.1-06.1-09
Court's seizure order
26.1-06.1-10
Confidentiality of hearings
26.1-06.1-11
Grounds for rehabilitation
26.1-06.1-12
Rehabilitation orders
26.1-06.1-13
Powers and duties of the rehabilitator
26.1-06.1-14
Actions by and against rehabilitator
26.1-06.1-15
Termination of rehabilitation
26.1-06.1-16
Grounds for liquidation
26.1-06.1-17
Liquidation orders
26.1-06.1-18
Continuance of coverage
26.1-06.1-19
Dissolution of insurer
26.1-06.1-20
Powers of liquidator
26.1-06.1-21
Notice to creditors and others
26.1-06.1-22
Duties of agents
26.1-06.1-23
Actions by and against liquidator
26.1-06.1-24
Collection and list of assets
26.1-06.1-25
Fraudulent transfers prior to petition
26.1-06.1-26
Fraudulent transfer after petition
26.1-06.1-27
Voidable preferences and liens
26.1-06.1-28
Claims of holders of void or voidable rights
26.1-06.1-29
Setoffs
26.1-06.1-30
Assessments
26.1-06.1-31
Reinsurer's liability
26.1-06.1-32
Recovery of premiums owed
26.1-06.1-33
Domiciliary liquidator's proposal to distribute assets
26.1-06.1-34
Filing of claims
26.1-06.1-35
Proof of claim
26.1-06.1-36
Special claims
26.1-06.1-37
Special provisions for third‑party claims
26.1-06.1-38
Disputed claims
26.1-06.1-39
Claims of surety
26.1-06.1-40
Secured creditor's claims
26.1-06.1-41
Priority of distribution
26.1-06.1-42
Liquidator's recommendations to the court
26.1-06.1-43
Distribution of assets
26.1-06.1-44
Unclaimed and withheld funds
26.1-06.1-45
Termination of proceedings
26.1-06.1-46
Reopening liquidation
26.1-06.1-47
Disposition of records during and after termination of liquidation
26.1-06.1-48
External audit of the receiver's books
26.1-06.1-49
Conservation of property of foreign or alien insurers found in this state
26.1-06.1-50
Liquidation of property of foreign or alien insurers found in this state
26.1-06.1-51
Domiciliary liquidators in other states
26.1-06.1-52
Ancillary formal proceedings
26.1-06.1-53
Ancillary summary proceedings
26.1-06.1-54
Claims of nonresidents against insurers domiciled in this state
26.1-06.1-55
Claims of residents against insurers domiciled in reciprocal states
26.1-06.1-56
Attachment, garnishment, and levy of execution
26.1-06.1-57
Interstate priorities
26.1-06.1-58
Subordination of claims for noncooperation
26.1-06.1-59
Separability
Chapter 26.1-06.2 - Administrative Supervision
Section
Section Name
26.1-06.2-01
Definitions
26.1-06.2-02
Scope
26.1-06.2-03
Notice to comply with written requirements of commissioner ‑ Noncompliance ‑ Administrative supervision
26.1-06.2-04
Confidentiality of certain proceedings and records
26.1-06.2-05
Prohibited acts during supervision
26.1-06.2-06
Review and stay of action
26.1-06.2-07
Administrative election of proceedings
26.1-06.2-08
Rules
26.1-06.2-09
Other laws ‑ Conflicts ‑ Meetings between the commissioner and the supervisor
26.1-06.2-10
Immunity
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
Section
Section Name
26.1-07.1-01
Jurisdiction over providers of health care benefits
26.1-07.1-02
How to show jurisdiction
26.1-07.1-03
Examination
26.1-07.1-04
Subject to state laws
26.1-07.1-05
Disclosure
Chapter 26.1-08 - Comprehensive Health Association [Repealed]
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
Section
Section Name
26.1-10-01
Definitions
26.1-10-02
Subsidiaries of insurers
26.1-10-03
Acquisition of control of or merger with domestic insurer - Penalties
26.1-10-03.1
Acquisitions involving insurers not otherwise covered
26.1-10-04
Registration of insurers
26.1-10-05
Standards and management of an insurer with an insurance holding company system
26.1-10-05.1
Dividends and other distribution
26.1-10-06
Examination
26.1-10-06.1
Supervisory colleges
26.1-10-06.2
Groupwide supervision of internationally active insurance groups
26.1-10-07
Confidential treatment
26.1-10-08
Injunctions ‑ Prohibitions against voting securities ‑ Sequestration of voting securities
26.1-10-09
Revocation, suspension, and nonrenewal of license
26.1-10-10
Receivership
26.1-10-10.1
Recovery
26.1-10-11
Penalty
26.1-10-12
Rulemaking
26.1-10-13
Judicial review ‑ Mandamus
Chapter 26.1-10.1 - Asset and Agreement Reports
Section
Section Name
26.1-10.1-01
Report
26.1-10.1-02
Acquisitions and dispositions of assets
26.1-10.1-03
Nonrenewals, cancellations, or revisions of ceded reinsurance agreements
Chapter 26.1-10.2 - Own Risk and Solvency Assessments
Section
Section Name
26.1-10.2-01
Definitions
26.1-10.2-02
Risk management framework
26.1-10.2-03
Own risk and solvency assessment requirement
26.1-10.2-04
Own risk and solvency assessment summary report
26.1-10.2-05
Exemption
26.1-10.2-06
Contents of an own risk and solvency assessment summary report
26.1-10.2-07
Confidentiality
26.1-10.2-08
Sanctions ‑ Penalty
Chapter 26.1-10.3 - Corporate Governance Annual Disclosure
Section
Section Name
26.1-10.3-01
Definitions
26.1-10.3-02
Disclosure requirement
26.1-10.3-03
Rules and regulations
26.1-10.3-04
Contents of corporate governance annual disclosure
26.1-10.3-05
Confidentiality
26.1-10.3-06
National association of insurance commissioners and third‑party consultants
26.1-10.3-07
Sanctions
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
Section
Section Name
26.1-12.1-01
Definitions
26.1-12.1-02
Mutual insurance holding company ‑ Formation
26.1-12.1-03
Mutual insurance holding company ‑ Merger
26.1-12.1-04
Plan of reorganization ‑ Contents
26.1-12.1-05
Retention of experts
26.1-12.1-06
Hearing by commissioner ‑ General duties
26.1-12.1-07
Action by commissioner
26.1-12.1-08
Notice to eligible members
26.1-12.1-09
Approval by eligible members
26.1-12.1-10
Applicability of certain provisions
26.1-12.1-11
Membership interest
26.1-12.1-12
Sale of stock and payment of dividends
26.1-12.1-13
Incorporation
26.1-12.1-14
Applicability
26.1-12.1-15
Foreign mutual insurance holding company ‑ Reorganization
26.1-12.1-16
Existing domestic mutual insurance holding company ‑ Reorganization
26.1-12.1-17
Concurrent reorganization ‑ Domestic or foreign
Chapter 26.1-12.2 - Mutual Property and Casualty Insurance Company Conversion
Section
Section Name
26.1-12.2-01
Definitions
26.1-12.2-02
Adoption of plan of conversion
26.1-12.2-03
Required provisions of plan of conversion
26.1-12.2-04
Optional provisions of plan of conversion
26.1-12.2-05
Alternative plan of conversion
26.1-12.2-06
Minority stock offering by a mutual holding company
26.1-12.2-07
Conversion of a mutual holding company
26.1-12.2-08
Effective date of plan of conversion
26.1-12.2-09
Rights of members whose policies are issued after adoption of the plan of conversion and before effective date
26.1-12.2-10
Corporate existence
26.1-12.2-11
Conflict of interest
26.1-12.2-12
Failure to give notice
26.1-12.2-13
Limitation on actions
26.1-12.2-14
Converting mutual company insolvent or in hazardous financial condition
26.1-12.2-15
Rules
26.1-12.2-16
Laws applicable to converted stock company
26.1-12.2-17
Commencement of business as a stock insurance company
26.1-12.2-18
Amendment of policies
26.1-12.2-19
Prohibition on acquisitions of control
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
Section
Section Name
26.1-14-01
Purpose
26.1-14-02
Definitions
26.1-14-03
Authority
26.1-14-04
Board of directors ‑ Articles of incorporation ‑ Bylaws ‑ Insuring powers
26.1-14-05
Initial policyholders surplus ‑ Tax ‑ Membership fee
26.1-14-06
Minimum surplus
26.1-14-07
Management and administration of the company
26.1-14-08
Rates and rate filing
26.1-14-09
Reserves for malpractice claims
26.1-14-10
Dividends to policyholders
26.1-14-11
Limited liability of insureds
26.1-14-12
Terms of coverage ‑ Classifications
26.1-14-13
Exemption from taxation
26.1-14-14
Services to the company
26.1-14-15
Optional membership in insurance guaranty association
Chapter 26.1-15.1 - Fraternal Benefit Societies
Section
Section Name
26.1-15.1-01
Definitions
26.1-15.1-02
Fraternal benefit societies
26.1-15.1-03
Lodge system defined
26.1-15.1-04
Representative form of government defined
26.1-15.1-05
Purposes and owners
26.1-15.1-06
Qualifications for membership
26.1-15.1-07
Location of office ‑ Meetings ‑ Communications to members ‑ Grievance procedures
26.1-15.1-08
Officers and members not personally liable for benefit contracts
26.1-15.1-09
Waiver
26.1-15.1-10
Organization
26.1-15.1-11
Amendments to laws
26.1-15.1-12
Institutions
26.1-15.1-13
Reinsurance
26.1-15.1-14
Consolidations and mergers
26.1-15.1-15
Conversion of fraternal benefit society into mutual life insurance company
26.1-15.1-16
Benefits
26.1-15.1-17
Beneficiaries
26.1-15.1-18
Benefits not attachable
26.1-15.1-19
The benefit contract
26.1-15.1-20
Nonforfeiture benefits, cash surrender values, certificate loans, and other options
26.1-15.1-21
Investments
26.1-15.1-22
Funds
26.1-15.1-23
Exemption from insurance laws
26.1-15.1-24
Taxation
26.1-15.1-25
Valuation
26.1-15.1-26
Reports
26.1-15.1-27
Annual license
26.1-15.1-28
Examination of societies
26.1-15.1-29
Foreign or alien society ‑ Admission
26.1-15.1-30
Injunction ‑ Liquidation ‑ Receivership of domestic society
26.1-15.1-31
Suspension, revocation, or refusal of license of foreign society
26.1-15.1-32
Injunction
26.1-15.1-33
Licensing of agents
26.1-15.1-34
Unfair methods of competition and unfair and deceptive acts and practices
26.1-15.1-35
Service of process
26.1-15.1-36
Penalties
26.1-15.1-37
Exemption of certain 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
Section
Section Name
26.1-17.1-01
Definitions
26.1-17.1-02
Certificate of authority required
26.1-17.1-03
Application for certificate of authority
26.1-17.1-04
Issuance of certificate of authority ‑ Denial
26.1-17.1-05
Effect on organizations operating on effective date of this chapter
26.1-17.1-06
Filing requirements for authorized entities
26.1-17.1-07
Changes in rates and benefits and material modifications ‑ Addition of limited health services
26.1-17.1-08
Evidence of coverage
26.1-17.1-09
Rates and charges
26.1-17.1-10
Construction with other laws
26.1-17.1-11
Nonduplication of coverage
26.1-17.1-12
Complaint system
26.1-17.1-13
Examination of organization
26.1-17.1-14
Investments
26.1-17.1-15
Insurance producers
26.1-17.1-16
Contracts with providers
26.1-17.1-17
Protection against insolvency ‑ Deposit
26.1-17.1-18
Officers and employees fidelity bond
26.1-17.1-19
Reports
26.1-17.1-20
Suspension or revocation of certificate of authority
26.1-17.1-21
Penalties
26.1-17.1-22
Rehabilitation, conservation, or liquidation
26.1-17.1-23
Fees
26.1-17.1-24
Confidentiality
26.1-17.1-25
Taxes
26.1-17.1-26
Rulemaking
Chapter 26.1-18.1 - Health Maintenance Organizations
Section
Section Name
26.1-18.1-01
Definitions
26.1-18.1-02
Establishment of health maintenance organizations
26.1-18.1-03
Issuance of certificate of authority
26.1-18.1-03.1
Bond or insurance requirement
26.1-18.1-04
Powers of health maintenance organizations
26.1-18.1-05
Fiduciary responsibilities
26.1-18.1-06
Quality assurance program
26.1-18.1-07
Requirements for group contract, individual contract, and evidence of coverage
26.1-18.1-08
Annual report
26.1-18.1-09
Information to enrollees or subscribers
26.1-18.1-10
Grievance procedures
26.1-18.1-11
Investments
26.1-18.1-12
Protection against insolvency
26.1-18.1-13
Uncovered expenditures insolvency deposit
26.1-18.1-14
Enrollment period and replacement coverage in the event of insolvency
26.1-18.1-15
Filing requirements for rating information
26.1-18.1-16
Regulation of health maintenance organization producers
26.1-18.1-17
Powers of insurers
26.1-18.1-18
Examinations
26.1-18.1-19
Suspension or revocation of certificate of authority
26.1-18.1-20
Rehabilitation, liquidation, or conservation of health maintenance organizations
26.1-18.1-21
Summary orders and supervision
26.1-18.1-22
Rulemaking authority
26.1-18.1-23
Confidentiality of medical information and limitation of liability
26.1-18.1-24
Acquisition of control of or merger of a health maintenance organization
26.1-18.1-25
Coordination of benefits
Chapter 26.1-19 - Prepaid Legal Services
Section
Section Name
26.1-19-01
Interpretation
26.1-19-02
Definitions
26.1-19-03
Exceptions
26.1-19-04
Establishment of a prepaid legal services organization
26.1-19-05
State bar association ‑ Advisory committee
26.1-19-06
Issuance of a certificate of authority
26.1-19-07
Powers of organization
26.1-19-08
Contract forms
26.1-19-09
Control prohibited
26.1-19-10
Licensing of sales representatives
26.1-19-11
Prohibited practices
26.1-19-12
Complaint system
26.1-19-13
Reports to the commissioner
26.1-19-14
Examinations
26.1-19-15
Fees
26.1-19-16
Administrative findings and sanctions
26.1-19-17
Statutory construction and relationship to other laws
26.1-19-18
Rulemaking authority of commissioner
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
Section
Section Name
26.1-20.1-01
Definitions
26.1-20.1-02
License required ‑ Renewal ‑ Application
26.1-20.1-03
License suspension, revocation, or refusal ‑ Grounds
26.1-20.1-04
Interrogatories
26.1-20.1-05
Books and records
26.1-20.1-06
Contents of insurance premium finance agreement
26.1-20.1-07
Maximum finance charge
26.1-20.1-08
Delinquency and cancellation charges
26.1-20.1-09
Cancellation of insurance contract upon default
26.1-20.1-10
Application of unearned premiums
26.1-20.1-11
Exemption from filing
26.1-20.1-12
Application to premium finance agreements
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 26.1-23.1 - 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
Section
Section Name
26.1-25-01
Purpose of chapter ‑ Construction
26.1-25-02
Scope of chapter
26.1-25-02.1
Definitions
26.1-25-03
Making of rates
26.1-25-04
Rate filings
26.1-25-04.1
Motor vehicle insurance rate filings ‑ Premium reduction for accident prevention course completion
26.1-25-04.2
Motor vehicle accident surcharge
26.1-25-04.3
Disclosure of accident surcharge and loss of discount
26.1-25-04.4
Notice of withdrawal
26.1-25-05
Disapproval of filings
26.1-25-06
Rating organizations
26.1-25-07
Deviations
26.1-25-08
Appeal by minority
26.1-25-09
Information to be furnished insureds ‑ Hearings and appeals of insureds
26.1-25-10
Advisory organizations
26.1-25-10.1
Licensing advisory organizations
26.1-25-10.2
Insurers and advisory organizations ‑ Prohibited activity
26.1-25-10.3
Advisory organizations ‑ Permitted activity
26.1-25-10.4
Advisory organizations ‑ Filing requirements
26.1-25-10.5
Joint underwriting, joint reinsurance pool, and residual market activities
26.1-25-11
Joint underwriting or joint reinsurance
26.1-25-12
Examinations
26.1-25-13
Rate administration
26.1-25-14
False or misleading information
26.1-25-15
Assigned risks
26.1-25-16
Rebates prohibited ‑ Exception
26.1-25-17
Hearing procedure and judicial review
26.1-25-18
Penalties
26.1-25-19
Exemptions
Chapter 26.1-25.1 - Personal Insurance Credit Information
Section
Section Name
26.1-25.1-01
Scope
26.1-25.1-02
Definitions
26.1-25.1-03
Use of credit information
26.1-25.1-04
Dispute resolution and error correction
26.1-25.1-05
Initial notification
26.1-25.1-06
Adverse action notification
26.1-25.1-07
Filing
26.1-25.1-08
Indemnification
26.1-25.1-09
Sale of policy term information by consumer reporting agency
26.1-25.1-10
Severability
26.1-25.1-11
Application
Chapter 26.1-25.2 - Personal Insurance Claims History
Section
Section Name
26.1-25.2-01
Scope
26.1-25.2-02
Definitions
26.1-25.2-03
Prohibited claims usage
26.1-25.2-04
Prohibited use of prior owner's history
26.1-25.2-05
Disclosure requirements
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
Section
Section Name
26.1-26.1-01
Definitions
26.1-26.1-02
Producer and company rehabilitation
26.1-26.1-03
Notice of termination
26.1-26.1-04
Termination of insurance producers for cause ‑ Exceptions
Chapter 26.1-26.3 - Managing General Agents
Section
Section Name
26.1-26.3-01
Definitions
26.1-26.3-02
Licensure
26.1-26.3-03
Required contract provisions
26.1-26.3-04
Duties of insurers
26.1-26.3-05
Examination authority
26.1-26.3-06
Penalties and liabilities
26.1-26.3-07
Rules
Chapter 26.1-26.4 - Health Care Service Utilization Review
Section
Section Name
26.1-26.4-01
Purpose and scope
26.1-26.4-02
Definitions
26.1-26.4-03
Certification
26.1-26.4-04
Minimum standards of utilization review agents
26.1-26.4-04.1
Utilization review in this state ‑ Conditions of employment
26.1-26.4-04.2
Utilization review ‑ Duty of health care insurers
26.1-26.4-05
Utilization review agent violations ‑ Penalty
Chapter 26.1-26.5 - Insurance Broker Controlled Insurer
Section
Section Name
26.1-26.5-01
Definitions
26.1-26.5-02
Applicability
26.1-26.5-03
Minimum standards
26.1-26.5-04
Disclosure
26.1-26.5-05
Liability of controlling insurance broker in the event of insolvency of controlled insurer
26.1-26.5-06
Administrative penalties and actions by the commissioner
26.1-26.5-07
Effective date
Chapter 26.1-26.6 - Bail Bond Agents
Section
Section Name
26.1-26.6-01
Definition
26.1-26.6-02
Licensing and continuing education requirements
26.1-26.6-03
Persons disqualified as bail bond agents ‑ Penalty
26.1-26.6-04
Appointment and license as bail bond agent ‑ Pledge of property as security ‑ Penalty
26.1-26.6-05
Violations ‑ Penalties
26.1-26.6-06
Access to jails
26.1-26.6-07
Surrender of defendant prior to breach
26.1-26.6-08
Maximum commission or fee - Mileage
26.1-26.6-09
Failure to appear
26.1-26.6-10
Rules
Chapter 26.1-26.7 - Portable Electronics Insurance
Section
Section Name
26.1-26.7-01
Definitions
26.1-26.7-02
Licensure of vendors
26.1-26.7-03
Requirements for sale of portable electronics insurance
26.1-26.7-04
Authority of vendors of portable electronic devices
26.1-26.7-05
Termination of portable electronics insurance
26.1-26.7-06
Application for license and fees
Chapter 26.1-26.8 - Public Adjusters
Section
Section Name
26.1-26.8-01
Scope
26.1-26.8-02
Definitions
26.1-26.8-03
License required ‑ Penalty
26.1-26.8-04
Application for resident license
26.1-26.8-05
Nonresident license reciprocity
26.1-26.8-06
License required for business entity
26.1-26.8-07
Examination
26.1-26.8-08
Exemptions from examination
26.1-26.8-09
License ‑ Renewal ‑ Reinstatement
26.1-26.8-10
License denial, nonrenewal, or revocation ‑ Penalty
26.1-26.8-11
Proof of bond
26.1-26.8-12
Continuing education
26.1-26.8-13
Contract between public adjuster and insured
26.1-26.8-14
Record retention
26.1-26.8-15
Standards of conduct of public adjuster
26.1-26.8-16
Public adjuster fees
26.1-26.8-17
Rulemaking authority
26.1-26.8-18
Investigation by commissioner
26.1-26.8-19
Approval of examination by commissioner ‑ Contents
26.1-26.8-20
Vendor authority
26.1-26.8-21
Commissioner may make examinations and investigations
26.1-26.8-22
Statute of limitations
Chapter 26.1-26.9 - Self-Service Storage Insurance
Section
Section Name
26.1-26.9-01
Definitions
26.1-26.9-02
Licensure of owners
26.1-26.9-03
Sale of self‑service storage insurance ‑ Requirements
26.1-26.9-04
Authority of owners
26.1-26.9-05
Application for license and fees
26.1-26.9-06
Authority of commissioner to investigate
26.1-26.9-07
Examination and investigation by commissioner
26.1-26.9-08
License suspension, revocation, or refusal ‑ Grounds
26.1-26.9-09
Rulemaking authority
Chapter 26.1-27 - Administrators of Life or Health Insurance or Annuities
Section
Section Name
26.1-27-01
Administrator defined
26.1-27-01.1
Pharmacy benefits manager
26.1-27-02
Insurer defined
26.1-27-03
License required ‑ Penalty
26.1-27-03.1
Bond or insurance requirement
26.1-27-04
Waiving of registration requirements
26.1-27-05
Written agreement required ‑ Trust agreement ‑ Retention
26.1-27-06
Contents of agreement ‑ Requirements
26.1-27-07
Notification required
26.1-27-08
Premium collection ‑ Fiduciary account required
26.1-27-09
Payment to administrator
26.1-27-10
Payment of claims
26.1-27-11
Claim adjustment or settlement
26.1-27-12
Maintenance of information
Chapter 26.1-27.1 - Pharmacy Benefits Management
Section
Section Name
26.1-27.1-01
Definitions
26.1-27.1-02
Licensing (Effective through December 31, 2025)
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
Section
Section Name
26.1-30.1-01
Application
26.1-30.1-01.1
Unlawful grounds for declination
26.1-30.1-01.2
Policy transfer
26.1-30.1-02
Midterm cancellation of commercial insurance
26.1-30.1-03
Notice
26.1-30.1-03.1
Five‑day notice exception for cancellation
26.1-30.1-04
New policies
26.1-30.1-05
Longer term policies
26.1-30.1-06
Nonrenewal of commercial insurance policies ‑ Notice required ‑ Exceptions
26.1-30.1-07
Renewal of insurance with altered rates
26.1-30.1-08
Penalties
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
Section
Section Name
26.1-31.1-01
Definitions
26.1-31.1-02
Licensure
26.1-31.1-03
Required contract provisions ‑ Reinsurance intermediary‑brokers
26.1-31.1-04
Books and records ‑ Reinsurance intermediary‑brokers
26.1-31.1-05
Duties of insurers utilizing the services of reinsurance intermediary‑broker
26.1-31.1-06
Required contract provisions ‑ Reinsurance intermediary‑managers
26.1-31.1-07
Prohibited acts
26.1-31.1-08
Duties of reinsurers utilizing the services of a reinsurance intermediary‑manager
26.1-31.1-09
Examination authority
26.1-31.1-10
Penalties and liabilities
26.1-31.1-11
Rules
26.1-31.1-12
Effective date
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 26.1-33.4 - Life Settlements
Section
Section Name
26.1-33.4-01
Definitions
26.1-33.4-02
Licensing and bonding requirements
26.1-33.4-03
License suspension, revocation, or refusal to renew
26.1-33.4-04
Contract requirements
26.1-33.4-05
Reporting requirements and privacy
26.1-33.4-06
Examination
26.1-33.4-07
Advertising
26.1-33.4-08
Disclosures to owners
26.1-33.4-09
Disclosure to insurer
26.1-33.4-10
General rules
26.1-33.4-11
Authority to adopt regulations ‑ Conflict of laws
26.1-33.4-12
Prohibited practices
26.1-33.4-13
Fraud prevention and control
26.1-33.4-14
Injunctions ‑ Civil remedies ‑ Cease and desist
26.1-33.4-15
Penalties
26.1-33.4-16
Unfair trade practices
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
Section
Section Name
26.1-34.2-01
Exemptions
26.1-34.2-01.1
Scope
26.1-34.2-02
Definitions
26.1-34.2-03
Duties of insurers and insurance producers
26.1-34.2-03.1
Producer training
26.1-34.2-04
Compliance mitigation ‑ Enforceability ‑ Penalty
26.1-34.2-05
Recordkeeping
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 (Effective after December 31, 2025)
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
Section
Section Name
26.1-36.1-01
Medicare supplement policies ‑ Definitions
26.1-36.1-02
Standards for Medicare supplement policies
26.1-36.1-03
Rulemaking authority
26.1-36.1-04
Medicare supplement policy loss ratio standards
26.1-36.1-05
Medicare supplement policy disclosure standards
26.1-36.1-06
Medicare supplement policies ‑ Notice of free examination
26.1-36.1-07
Filing requirements for advertising
26.1-36.1-08
Effect of policy not conforming to chapter
26.1-36.1-09
General penalty ‑ License suspension or revocation
Chapter 26.1-36.3 - Small Employer Employee Health Insurance
Section
Section Name
26.1-36.3-01
Definitions
26.1-36.3-02
Applicability and scope
26.1-36.3-03
Establishment of classes of business
26.1-36.3-04
Restrictions relating to premium rates
26.1-36.3-05
Renewability of coverage
26.1-36.3-06
Availability of coverage
26.1-36.3-07
Small employer carrier reinsurance program
26.1-36.3-08
Health benefit plan committee
26.1-36.3-09
Periodic market evaluation
26.1-36.3-10
Waiver of certain state laws
26.1-36.3-11
Standards to assure fair marketing
26.1-36.3-12
Restoration of terminated coverage
Chapter 26.1-36.4 - Hospital and Medical Insurance
Section
Section Name
26.1-36.4-01
Application and scope
26.1-36.4-02
Definitions
26.1-36.4-03
Limits on pre-existing condition exclusions
26.1-36.4-03.1
Additional limits on pre-existing condition exclusions
26.1-36.4-04
Portability of insurance policies
26.1-36.4-05
Renewability of health insurance coverage ‑ Discrimination prohibited
26.1-36.4-06
Modified community rating
26.1-36.4-07
Health benefits package required
26.1-36.4-08
Employer payment of employee premium
26.1-36.4-09
Health insurance utilization reports
Chapter 26.1-36.5 - Health Coverage for Children
Section
Section Name
26.1-36.5-01
Definition
26.1-36.5-02
Prohibited practices
26.1-36.5-03
Enrollment of children
26.1-36.5-04
Providing information and paying claims
26.1-36.5-05
Authority and jurisdiction
Chapter 26.1-36.6 - Self-Insurance Health Plans
Section
Section Name
26.1-36.6-01
Definitions
26.1-36.6-02
Self-insurance health plans - Regulation
26.1-36.6-03
Self-insurance health plans ‑ Requirements (Effective through December 31, 2025)
26.1-36.6-04
Rules
Chapter 26.1-36.7 - Reinsurance Association
Section
Section Name
26.1-36.7-01
Definitions
26.1-36.7-02
Waiver proposal and application
26.1-36.7-03
Reinsurance association of North Dakota
26.1-36.7-04
Board of directors
26.1-36.7-05
Powers and duties of commissioner and board
26.1-36.7-06
Assessments against insurers
26.1-36.7-07
Bank of North Dakota line of credit
26.1-36.7-08
Reinsurance
26.1-36.7-09
Reimbursement of member insurer
26.1-36.7-10
Rulemaking
26.1-36.7-11
Third-party reinsurance
26.1-36.7-12
Federal funding ‑ Administration of the association ‑ Continuing appropriation
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 26.1-36.11 - Comprehensive Medication Management
Section
Section Name
26.1-36.11-01
Definitions
26.1-36.11-02
Required coverage for comprehensive medication management services
26.1-36.11-03
Comprehensive medication management advisory committee
26.1-36.11-04
Rulemaking authority
Chapter 26.1-36.12 - Prior Authorization for Health Insurance
Section
Section Name
26.1-36.12-01
Definitions (Effective after December 31, 2025)
26.1-36.12-02
Disclosure and review of prior authorization requirements (Effective after December 31, 2025)
26.1-36.12-03
Personnel qualified to make adverse determinations (Effective after December 31, 2025)
26.1-36.12-04
Personnel qualified to review appeals (Effective after December 31, 2025)
26.1-36.12-05
Prior authorization ‑ Nonurgent circumstances (Effective after December 31, 2025)
26.1-36.12-06
Prior authorization - Urgent health care services (Effective after December 31, 2025)
26.1-36.12-07
Prior authorization - Emergency medical condition (Effective after December 31, 2025)
26.1-36.12-08
No prior authorization for medication-assisted treatment (Effective after December 31, 2025)
26.1-36.12-09
Retrospective denial (Effective after December 31, 2025)
26.1-36.12-10
Length of prior authorization (Effective after December 31, 2025)
26.1-36.12-11
Chronic or long-term care conditions (Effective after December 31, 2025)
26.1-36.12-12
Continuity of care for enrollees (Effective after December 31, 2025)
26.1-36.12-13
Failure to comply - Services deemed authorized (Effective after December 31, 2025)
26.1-36.12-14
Procedures for appeals of adverse determinations (Effective after December 31, 2025)
26.1-36.12-15
Effect of change in prior authorization clinical criteria (Effective after December 31, 2025)
26.1-36.12-16
Notification to claims administrator (Effective after December 31, 2025)
26.1-36.12-17
Annual report to insurance commissioner (Effective after December 31, 2025)
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 26.1-38.1 - Life and Health Insurance Guaranty Association
Section
Section Name
26.1-38.1-01
Coverage and limitations
26.1-38.1-02
Definitions
26.1-38.1-03
Creation of the association
26.1-38.1-04
Board of directors
26.1-38.1-05
Powers and duties of the association
26.1-38.1-06
Assessments
26.1-38.1-07
Plan of operation
26.1-38.1-08
Duties and powers of the commissioner
26.1-38.1-09
Prevention of insolvencies
26.1-38.1-10
Credits for assessments paid ‑ Tax offsets
26.1-38.1-11
Miscellaneous provisions
26.1-38.1-12
Examination of the association ‑ Annual report
26.1-38.1-13
Tax exemptions
26.1-38.1-14
Immunity
26.1-38.1-15
Stay of proceedings ‑ Reopening default judgments
26.1-38.1-16
Prohibited advertisement of Insurance Guaranty Association Act in insurance sales ‑ Notice to policy owners
26.1-38.1-17
Prospective application
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
Section
Section Name
26.1-39.1-01
Definitions
26.1-39.1-02
Limitations on issuance of certificates of insurance
26.1-39.1-03
Certificate of insurance limitations
26.1-39.1-04
Notice requirements
Chapter 26.1-39.2 - Residential Contractor Contracts
Section
Section Name
26.1-39.2-01
Definitions
26.1-39.2-02
Contract to be paid from proceeds of property and casualty insurance policy ‑ Right to cancel ‑ Duties
26.1-39.2-03
Prohibited acts
26.1-39.2-04
Post-loss assignment of rights or benefits
26.1-39.2-05
Itemized description of work
26.1-39.2-06
Notice required
26.1-39.2-07
Violation of the chapter
26.1-39.2-08
Rulemaking authority
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
Section
Section Name
26.1-40.1-01
Definitions
26.1-40.1-02
Required disclosures
26.1-40.1-03
Insurance coverage required during the passenger on‑board stage
26.1-40.1-04
Insurance coverage during the application on stage with no passengers in vehicle
26.1-40.1-05
Automobile insurers
26.1-40.1-06
Liability of transportation network company beyond required limits
26.1-40.1-07
Discretionary personal insurance where offered by personal automobile insurer
26.1-40.1-08
Duty to cooperate
26.1-40.1-09
Financial responsibility
26.1-40.1-10
Proof of insurance
26.1-40.1-11
Authorized or eligible carrier
Chapter 26.1-40.2 - Delivery Networks
Section
Section Name
26.1-40.2-01
Definitions
26.1-40.2-02
Required disclosures
26.1-40.2-03
Insurance requirements ‑ Delivery network companies and delivery network company drivers
26.1-40.2-04
Exclusions in motor vehicle liability insurance policies
26.1-40.2-05
Proof of insurance
26.1-40.2-06
Authorized or eligible carrier
26.1-40.2-07
Interaction with other law
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 26.1-42.1 - Insurance Guaranty Association
Section
Section Name
26.1-42.1-01
Scope
26.1-42.1-02
Definitions
26.1-42.1-03
Creation of the association
26.1-42.1-04
Board of directors
26.1-42.1-05
Powers and duties of the association
26.1-42.1-06
Plan of operation
26.1-42.1-07
Duties and powers of the commissioner
26.1-42.1-08
Effect of paid claims
26.1-42.1-09
Exhaustion of other coverage
26.1-42.1-10
Prevention of insolvencies
26.1-42.1-11
Examination of the association
26.1-42.1-12
Tax exemption
26.1-42.1-13
Recognition of assessments in rates
26.1-42.1-14
Immunity
26.1-42.1-15
Stay of proceedings
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 26.1-46 - 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
Section
Section Name
26.1-47-01
Definitions
26.1-47-02
Preferred provider arrangements
26.1-47-02.1
Fees for dental services ‑ Prohibition
26.1-47-02.2
Dental networks
26.1-47-02.3
Postpayment of dental claims - Payment recovery limitations
26.1-47-02.4
Method of dental payment option
26.1-47-03
Health benefits plans
26.1-47-04
Preferred provider participation requirements
26.1-47-04.1
Maintenance of certification
26.1-47-05
General requirements
26.1-47-06
Rules
26.1-47-07
Penalty
26.1-47-08
Air ambulance subscription agreements ‑ Prohibition
26.1-47-09
Air ambulances
26.1-47-10
Preferred provider arrangements ‑ Requirements for accessing air ambulance providers
26.1-47-11
Rules - Air ambulance
26.1-47-12
Ambulance insurance coverage ‑ Direct payment required ‑ Determination of reimbursement rate for out‑of‑network ambulance service providers
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
Section
Section Name
26.1-49-01
Definitions
26.1-49-02
Organization ‑ Licensure
26.1-49-03
Powers
26.1-49-04
Provider contracts
26.1-49-05
Contract filing ‑ Approval
26.1-49-06
Election of directors ‑ Vote by mail
26.1-49-07
State and federal governmental participation
26.1-49-08
Prohibited practices ‑ Penalty
Chapter 26.1-50 - North Dakota Low-Risk Incentive Fund
Section
Section Name
26.1-50-01
Definitions
26.1-50-02
Establishment ‑ Organization
26.1-50-03
North Dakota low‑risk incentive fund use
26.1-50-04
Loan administration
26.1-50-05
Audited financial statement ‑ Report of fund operations
26.1-50-06
Tax credit
26.1-50-07
Assets of insurers
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
Section
Section Name
26.1-52-01
Sunrise ‑ Trigger
26.1-52-02
Definitions
26.1-52-03
Board
26.1-52-04
Facility membership
26.1-52-05
Coverage and forms
26.1-52-06
Rates
26.1-52-07
Underwriting
26.1-52-08
Agents
26.1-52-09
Immunity
26.1-52-10
Examinations and audits
Chapter 26.1-53.1 - Discount Plans
Section
Section Name
26.1-53.1-01
Definitions
26.1-53.1-02
Application
26.1-53.1-03
Registration requirements for a discount plan organization ‑ Fees
26.1-53.1-04
Exception to registration for providers giving discounts to own patients
26.1-53.1-05
Surety bond
26.1-53.1-06
Surety bonds not subject to levy by claimants
26.1-53.1-07
Internet website to be established
26.1-53.1-08
Investigation by commissioner
26.1-53.1-09
Reporting of actions
26.1-53.1-10
Nonrenewal, suspension, or revocation
26.1-53.1-11
Winding up of affairs
26.1-53.1-12
Duration of suspension ‑ Conditions for reinstatement
26.1-53.1-13
Examination or investigation of discount plan organization ‑ Expenses
26.1-53.1-14
Charges and fees ‑ Refund requirements
26.1-53.1-15
Bundled products
26.1-53.1-16
Provider agreements
26.1-53.1-17
Marketing requirements
26.1-53.1-18
Advertisements to be truthful and not misleading
26.1-53.1-19
Prohibited conduct
26.1-53.1-20
Required disclosures
26.1-53.1-21
Written agreement with member
26.1-53.1-22
Notice of change in name or address
26.1-53.1-23
Annual reports
26.1-53.1-24
Civil penalties for violation of chapter
26.1-53.1-25
Designation of compliance officer
26.1-53.1-26
Record filing and retention requirements
26.1-53.1-27
Rulemaking
26.1-53.1-28
Application to existing discount plan organizations
Chapter 26.1-54 - American Health Benefit Exchange
Section
Section Name
26.1-54-01
American health benefit exchange
26.1-54-02
Rules
26.1-54-03
Cooperation of state agencies
26.1-54-04
Records
Chapter 26.1-55 - Unclaimed Life Insurance Benefits
Section
Section Name
26.1-55-01
Definitions
26.1-55-02
Insurer conduct
26.1-55-03
Rulemaking
26.1-55-04
Application
26.1-55-05
Unfair trade practices ‑ Liability limitation
Chapter 26.1-57 - Guaranteed Asset Protection Waivers
Section
Section Name
26.1-57-01
Definitions
26.1-57-02
Scope
26.1-57-03
Requirements for offering guaranteed asset protection waivers
26.1-57-04
Contractual liability or other insurance policies
26.1-57-05
Disclosures
26.1-57-06
Cancellation
26.1-57-07
Commercial transactions exempted
26.1-57-08
Enforcement ‑ Penalty
Chapter 26.1-58 - Travel Insurance
Section
Section Name
26.1-58-01
Definitions
26.1-58-02
Scope
26.1-58-03
Travel protection plans
26.1-58-04
Sales practices
26.1-58-05
Travel administrators
26.1-58-06
Policy
26.1-58-07
Rules
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 27-05.2 - 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 27-08.1 - 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 27-09.1 - Uniform Jury Selection and Service Act
Section
Section Name
27-09.1-01
Legislative intent
27-09.1-02
Discrimination prohibited
27-09.1-03
Definitions
27-09.1-04
Jury commission
27-09.1-05
Master list
27-09.1-05.1
Selection of jurors from judicial district ‑ Impact of natural disaster ‑ Grounds and method for selection
27-09.1-06
Master jury wheel
27-09.1-07
Juror qualification form
27-09.1-08
Disqualification from jury service
27-09.1-09
Summoning of jury panels
27-09.1-10
No exemptions
27-09.1-11
Excuses from jury service
27-09.1-12
Challenging compliance with selection procedures
27-09.1-13
Preservation of records
27-09.1-14
Mileage and compensation of jurors
27-09.1-15
Length of service by jurors
27-09.1-16
Penalties for failure to perform jury service
27-09.1-17
Protection of jurors' and witnesses' employment
27-09.1-18
Court rules
27-09.1-19
Savings clause
27-09.1-20
Short title
27-09.1-21
District courts and county courts may use each other's jury panels
27-09.1-22
When jury panel to attend subsequent term
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 27-17 - 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 27-19 - Indian Civil Jurisdiction
Section
Section Name
27-19-01
Assumption of jurisdiction
27-19-02
Method of acceptance
27-19-03
Acceptance proclamation
27-19-04
Effective date
27-19-05
Individual acceptance
27-19-06
Acceptance by guardian
27-19-07
Contempt powers
27-19-08
Limitations upon jurisdiction
27-19-09
Tribal ordinances and customs preserved
27-19-10
Other benefits not affected
27-19-11
Petition for withdrawal
27-19-12
Withdrawal proclamation
27-19-13
Individual withdrawal
Chapter 27-19.1 - Indian Child Welfare
Section
Section Name
27-19.1-01
Active efforts and procedures ‑ Definitions
27-19.1-02
Jurisdiction over custody proceedings
27-19.1-03
Court proceedings
27-19.1-04
Voluntary proceedings ‑ Consent ‑ Withdrawal
27-19.1-05
Placement preferences
27-19.1-06
Adoptee information
Chapter 27-20.1 - Guardianship of a Child
Section
Section Name
27-20.1-01
Definitions
27-20.1-02
Jurisdiction
27-20.1-03
Transfer from district court
27-20.1-04
Venue
27-20.1-05
Petition ‑ Who may file
27-20.1-06
Contents of petition to appoint guardian of a child
27-20.1-07
Procedure upon filing of petition
27-20.1-08
Procedure upon approval of petition
27-20.1-09
Right to counsel
27-20.1-10
Conduct of hearings
27-20.1-11
Appointment of guardian of a child
27-20.1-12
Findings on petition to appoint guardian of a child ‑ Order of appointment
27-20.1-13
Effect of order appointing a guardian
27-20.1-14
Acceptance of appointment ‑ Consent to jurisdiction ‑ Letters of guardianship
27-20.1-15
Powers and duties of guardian of a child
27-20.1-16
Procedure for modification, resignation, or termination of a guardianship
27-20.1-17
Expiration and termination of guardianship of a child
27-20.1-18
Appointment of emergency guardian of a child
27-20.1-19
Attorney's fees
27-20.1-20
Protective order
27-20.1-21
Orders for evaluation
27-20.1-22
Confidentiality
Chapter 27-20.2 - Juvenile Court Act
Section
Section Name
27-20.2-01
Definitions
27-20.2-02
Presumption of age
27-20.2-03
Jurisdiction
27-20.2-04
Juvenile court personnel
27-20.2-05
Powers and duties of the director of juvenile court
27-20.2-06
Commencement of proceedings
27-20.2-07
Transfer from other courts
27-20.2-08
Nonjudicial adjustment ‑ Diversion
27-20.2-09
Nonjudicial adjustment ‑ Informal adjustment
27-20.2-10
Venue
27-20.2-11
Transfer to another juvenile court within the state
27-20.2-12
Right to counsel
27-20.2-13
Other basic rights
27-20.2-14
Orders directed to parents or guardians
27-20.2-15
Indian child welfare ‑ Active efforts and procedures
27-20.2-16
Order of adjudication ‑ Noncriminal
27-20.2-17
Rights and duties of legal custodian
27-20.2-18
Guardian ad litem ‑ Immunity
27-20.2-19
Costs and expenses for care of child
27-20.2-20
Protective order
27-20.2-21
Inspection of court files and records ‑ Penalty
27-20.2-22
Disclosure of information needed to apprehend child
27-20.2-23
Law enforcement and correctional facility records
27-20.2-24
Children's fingerprints, photographs
27-20.2-25
Destruction of juvenile court records
27-20.2-26
Appeals
27-20.2-27
Rules of court
27-20.2-28
In‑state placement of juveniles ‑ Exception
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
Section
Section Name
27-20.4-01
Definitions
27-20.4-02
Jurisdiction
27-20.4-03
Venue
27-20.4-04
Powers and duties of director of juvenile court
27-20.4-05
Taking into custody
27-20.4-05.1
Method of making a delinquency referral to juvenile court
27-20.4-06
Detention ‑ Nonsecure care of child
27-20.4-07
Release or delivery to court
27-20.4-08
Place of detention
27-20.4-09
Release from detention or nonsecure care ‑ Hearing ‑ Conditions of release
27-20.4-10
Diversion
27-20.4-11
Informal adjustment
27-20.4-12
Petition ‑ Preliminary determination
27-20.4-13
Petition ‑ Who may prepare and file ‑ Review
27-20.4-13.1
Petition
27-20.4-13.2
Fitness to proceed ‑ Lack of criminal responsibility
27-20.4-14
Conduct of hearings
27-20.4-15
Predispositional assessment (Effective through January 1, 2027)
27-20.4-16
Adjudication
27-20.4-17
Disposition of a delinquent child
27-20.4-18
Probation of a delinquent child
27-20.4-19
Delinquent children ‑ Suspension of driving privileges
27-20.4-19.1
Collateral consequences ‑ Registration ‑ Firearms ‑ Driving privileges
27-20.4-20
Restitution
27-20.4-21
Transfer to other courts
27-20.4-22
Court order required for removal of child
27-20.4-23
Limitations of orders of disposition
27-20.4-24
Reasonable efforts to prevent removal or to reunify ‑ When required
27-20.4-25
Law enforcement and correctional facility records
27-20.4-26
Substance use programming
27-20.4-27
Tribal juvenile services cooperative agreement
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
Section
Section Name
27-20.6-01
Definitions
27-20.6-02
Jurisdiction
27-20.6-03
Venue ‑ Inconvenient forum
27-20.6-04
Petition ‑ Who may prepare and file
27-20.6-05
Contents of petition
27-20.6-06
Petition may not be brought in certain circumstances
27-20.6-07
Right to appointed counsel
27-20.6-08
Appointment of guardian ad litem for child ‑ Immunity
27-20.6-09
Prima facie review of petition
27-20.6-10
Trial home placement
27-20.6-11
Hearing
27-20.6-12
Order re‑establishing parental rights ‑ Effect
27-20.6-13
Denial ‑ Subsequent petitions
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 27-23 - 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
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 28-01.2 - Uniform Conflict of Laws - Limitations Act
Section
Section Name
28-01.2-01
Definition of terms
28-01.2-02
Conflict of laws ‑ Limitation period
28-01.2-03
Rules applicable to computation of limitation period
28-01.2-04
Unfairness
28-01.2-05
Existing and future claims
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 28-03 - 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
Section
Section Name
28-04.1-01
Definition
28-04.1-02
Action in this state by agreement
28-04.1-03
Action in another place by agreement
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 28-06.2 - 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 28-14 - Trial by Jury
Section
Section Name
28-14-01
Jury ballots
28-14-02
Challenge to array
28-14-03
Clerk to draw jury
28-14-03.1
Size of juries in civil cases
28-14-04
Examination of jurors
28-14-05
Challenges ‑ Classification ‑ By whom ‑ Number allowed
28-14-06
Challenges for cause ‑ Grounds
28-14-07
Trial of challenge
28-14-08
Oath to jurors
28-14-09
Alternate jurors
28-14-10
Order of trial
28-14-11
Instructions to jury ‑ Written or oral
28-14-12
Requested instructions
28-14-13
Written instructions may be submitted to counsel
28-14-14
Exceptions to instructions
28-14-15
View by jurors
28-14-16
Admonitions to jurors ‑ Keeping in charge
28-14-17
What papers jurors may take
28-14-18
Conduct of jurors in retirement
28-14-19
Additional information as to law
28-14-20
Sick juror discharged
28-14-21
Verdict prevented ‑ New trial
28-14-22
Sealed verdict ‑ Adjournment
28-14-23
How verdict received ‑ Polling jurors
28-14-24
Correcting verdict
28-14-25
Verdict and entries
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
Section
Section Name
28-20.1-01
Definition
28-20.1-02
Filing and status of foreign judgments
28-20.1-03
Notice of filing
28-20.1-04
Stay
28-20.1-05
Fees
28-20.1-06
Optional procedure
28-20.1-07
Uniformity of interpretation
28-20.1-08
Short title
Chapter 28-20.3 - Uniform Foreign Money Judgments Recognition Act
Section
Section Name
28-20.3-01
Definitions
28-20.3-02
Applicability
28-20.3-03
Standards for recognition of foreign‑country judgment
28-20.3-04
Personal jurisdiction
28-20.3-05
Procedure for recognition of foreign‑country judgment
28-20.3-06
Effect of recognition of foreign‑country judgment
28-20.3-07
Stay of proceedings pending appeal of foreign‑country judgment
28-20.3-08
Statute of limitations
28-20.3-09
Uniformity of interpretation
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 28-29 - 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 28-31 - Practice Before Supreme Court
Section
Section Name
28-31-01
Fees
28-31-02
Submission of cases
28-31-03
Calendar
28-31-04
Continuance
28-31-05
Oral argument
28-31-06
Application for original writs or orders
28-31-07
Original writs or orders
28-31-08
Writs
28-31-09
Proceedings in exercise of original jurisdiction
28-31-10
Taxation of costs
28-31-11
Execution for costs
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
Section
Section Name
28-33-01
Definitions
28-33-02
Interpreter required
28-33-03
Proof of disability
28-33-04
Oath of interpreter
28-33-05
Compensation
28-33-06
Privileged communications
28-33-07
Visual recording
28-33-08
Coordination of interpreter requests
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
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 (Effective through December 31, 2025)
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 (Effective through December 31, 2025)
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
Section
Section Name
29-06.1-01
Definitions
29-06.1-02
Arrest with or without warrant
29-06.1-03
Court appearance
29-06.1-04
Order to transfer custody
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 29-10.1 - 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 29-12 - 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 29-15 - 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 29-19 - 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 29-21 - 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 29-25 - 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
Section
Section Name
29-29.1-01
Warrants to conduct inspections authorized by law
29-29.1-01.1
Warrant for electronic communication information
29-29.1-02
Conditions to be met before issuance
29-29.1-03
Requirements for valid issuance
29-29.1-04
Warrant valid for ten days
29-29.1-05
Competency of evidence discovered
29-29.1-06
Not criminal search warrants
Chapter 29-29.2 - Wiretapping in Drug Offense Investigations
Section
Section Name
29-29.2-01
Definitions
29-29.2-02
Ex parte order for wiretapping and eavesdropping
29-29.2-03
Order may direct others to furnish assistance
29-29.2-04
Reports to attorney general
29-29.2-05
Inapplicability
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
Section
Section Name
29-29.4-01
Definitions
29-29.4-02
Limitations on use of unmanned aerial vehicle systems and robots
29-29.4-03
Warrant requirements
29-29.4-04
Exceptions
29-29.4-05
Prohibited use ‑ Exceptions
29-29.4-06
Documentation of unmanned aerial vehicle or robot use
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 29-30.3 - Uniform Extradition and Rendition Act
Section
Section Name
29-30.3-01
(1‑101) Definitions
29-30.3-02
(1‑102) Conditions of release
29-30.3-03
(1‑103) Nonwaiver by this state
29-30.3-04
(2‑101) Arrest without warrant
29-30.3-05
(2‑102) Issuance of process or arrest warrant prior to receipt of demand or request
29-30.3-06
(2‑103) Appearance prior to receipt of demand or request
29-30.3-07
(2‑104) Extension of time
29-30.3-08
(3‑101) Demand for extradition
29-30.3-09
(3‑102) Supporting documentation
29-30.3-10
(3‑103) Governor's investigation
29-30.3-10.1
Guilt or innocence of accused ‑ When inquiry made
29-30.3-11
(3‑104) Extradition of persons imprisoned or awaiting trial
29-30.3-12
(3‑105) Governor's warrant
29-30.3-13
(3‑106) Rights of demanded person
29-30.3-14
(3‑107) Judicial extradition hearing
29-30.3-15
(4‑101) Request for rendition
29-30.3-16
(4‑102) Supporting documentation
29-30.3-17
(4‑103) Filing of request
29-30.3-18
(4‑104) Issuance of arrest warrant or process
29-30.3-19
(4‑105) Rights of requested person
29-30.3-20
(4‑106) Judicial rendition hearing
29-30.3-21
(5‑101) Order to transfer custody
29-30.3-22
(5‑102) Confinement
29-30.3-23
(5‑103) Cost of return
29-30.3-24
(5‑104) Applicability of other law
29-30.3-25
(5‑105) Payment of transportation and subsistence costs
29-30.3-26
Payment of expenses
Chapter 29-31.1 - Property Forfeiture and Disposition
Section
Section Name
29-31.1-01
Definitions
29-31.1-02
Disposition of nonforfeitable property
29-31.1-03
Seizure of forfeitable property
29-31.1-04
Forfeiture proceedings
29-31.1-05
Transfer of forfeitable property
29-31.1-06
Disposition of forfeited property
29-31.1-07
Nonforfeitable interest ‑ Purchase of forfeitable interest
29-31.1-08
Retention of forfeited property
29-31.1-09
Disposition of forfeitable property held as evidence in criminal proceeding
29-31.1-10
Inapplicability of chapter
Chapter 29-32.1 - Uniform Postconviction Procedure Act
Section
Section Name
29-32.1-01
Remedy ‑ To whom available ‑ Conditions
29-32.1-02
Exercise of original jurisdiction in habeas corpus
29-32.1-03
Commencement of proceedings ‑ Filing ‑ Service
29-32.1-04
Application ‑ Contents
29-32.1-05
Counsel at public expense ‑ Applicant's inability to pay costs and litigation expenses
29-32.1-06
Response by answer or motion
29-32.1-07
Amended and supplemental pleadings
29-32.1-08
Discovery
29-32.1-09
Summary dismissal
29-32.1-09.1
Summary disposition
29-32.1-10
Hearing ‑ Evidence
29-32.1-11
Findings of fact ‑ Conclusions of law ‑ Order
29-32.1-12
Affirmative defenses ‑ Res judicata ‑ Misuse of process
29-32.1-13
Reimbursement of costs and litigation expenses
29-32.1-14
Review
29-32.1-15
Motion for DNA testing not available at trial
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
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]
Title 30 - Judicial Procedure, Probate
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
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
Section
Section Name
30.1-02-01
(1‑301) Territorial application
30.1-02-02
(1‑302) Subject matter jurisdiction
30.1-02-03
(1‑303) Venue ‑ Multiple proceedings ‑ Transfer
30.1-02-04
(1‑304) Practice in court
30.1-02-05
(1‑305) Records and certified copies
30.1-02-06
(1‑307) Powers
30.1-02-06.1
(1‑308) Appeals
30.1-02-07
(1‑310) Oath or affirmation on filed documents
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
Section
Section Name
30.1-07-00.1
(2‑401) Applicable law
30.1-07-01
(2‑403) Exempt property
30.1-07-02
(2‑404) Family allowance
30.1-07-03
(2‑405) Source, determination, and documentation
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
Section
Section Name
30.1-08.1-01
Declaratory judgment
30.1-08.1-02
Parties ‑ Process
30.1-08.1-03
Finding of validity ‑ Revocation
30.1-08.1-04
Admissibility of facts ‑ Effect on other actions
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 30.1-32.1 - Uniform Real Property Transfer on Death Act
Section
Section Name
30.1-32.1-01
Definitions
30.1-32.1-02
Transfer on death deed authorized
30.1-32.1-03
Transfer on death deed revocable
30.1-32.1-04
Transfer on death deed nontestamentary
30.1-32.1-05
Capacity of transferor
30.1-32.1-06
Requirements
30.1-32.1-07
Notice, delivery, acceptance, and consideration not required
30.1-32.1-08
Revocation by instrument authorized - Revocation by act not permitted
30.1-32.1-09
Effect of transfer on death deed during transferor's life
30.1-32.1-10
Effect of transfer on death deed at transferor's death
30.1-32.1-11
Disclaimer
30.1-32.1-12
Liability for creditor claims and statutory allowances
30.1-32.1-13
Relation to Electronic Signatures in Global and National Commerce Act
30.1-32.1-14
Application
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
Section
Section Name
30.1-36-01
Definitions
30.1-36-02
Confidential information
30.1-36-03
Supporter ‑ Liability
30.1-36-04
Formalities ‑ Effects
30.1-36-05
Termination
30.1-36-06
Confidential documents, records, and information
30.1-36-07
Witnesses
30.1-36-08
Reliance on agreement ‑ Limitation of liability
Chapter 30.1-37 - Uniform Electronic Wills Act
Section
Section Name
30.1-37-01
Definitions
30.1-37-02
Law applicable to electronic will ‑ Principles of equity
30.1-37-03
Choice of law regarding execution
30.1-37-04
Execution of electronic will
30.1-37-05
Revocation
30.1-37-06
Electronic will attested and made self‑proving at time of execution
30.1-37-07
Certification of paper copy
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 31-03 - 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 31-08 - 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
Section
Section Name
31-08.1-01
Definitions
31-08.1-02
Period of preservation
31-08.1-03
Preservation of reproductions
31-08.1-04
Destruction of records by state officers
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 31-13 - 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
Section
Section Name
32-02-01
Qualifications of sureties ‑ Personal
32-02-02
Exception to sureties
32-02-03
Notice of justification
32-02-04
Attendance of witnesses
32-02-05
Examination of sureties
32-02-06
Finding by judge
32-02-07
New bond may be furnished
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
Section
Section Name
32-03.1-01
Definitions
32-03.1-02
Actions barred
32-03.1-02.1
Emergency obstetrical services
32-03.1-02.2
Immunity for a licensed health care provider who provides volunteer medical care at free clinics ‑ Immunity for persons offering wholesome food or grocery product
32-03.1-02.3
Automated external defibrillators ‑ Liability limited
32-03.1-03
Criminal immunity
32-03.1-04
Fees or reimbursement for aid
32-03.1-05
Exceptions
32-03.1-06
Limited repealer
32-03.1-07
Costs and fees
32-03.1-08
Actions not barred
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 32-08.1 - 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 32-09.1 - Garnishment
Section
Section Name
32-09.1-01
Definitions
32-09.1-02
Creditors may proceed by garnishment
32-09.1-03
Restriction on garnishment of earnings
32-09.1-04
Notice before garnishment of earnings ‑ Notice of renewal of garnishment of earnings
32-09.1-05
Service on office of management and budget ‑ Fees
32-09.1-06
Garnishee summons
32-09.1-07
Form of summons and notice
32-09.1-08
Service
32-09.1-09
Disclosure
32-09.1-10
Disclosure fees
32-09.1-11
Effect of disclosure
32-09.1-12
Oral disclosure ‑ Supplemental complaint
32-09.1-13
Third party may intervene
32-09.1-14
Default
32-09.1-15
Judgment against garnishee
32-09.1-16
Minimum judgment
32-09.1-17
Discharge not a bar
32-09.1-18
Discharge from employment for garnishment or execution prohibited
32-09.1-19
Garnishments ‑ Minimal amount ‑ Disclosure
32-09.1-20
Termination of garnishment
32-09.1-21
Continuing lien on wages
32-09.1-22
Claim of exemptions ‑ How made
32-09.1-23
Claim of exemptions ‑ When heard
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
Section
Section Name
32-16-01
When may be brought
32-16-02
What complaint must show
32-16-03
Necessary parties ‑ Only interests of record
32-16-04
Lis pendens required
32-16-05
To whom summons directed
32-16-06
Service by publication ‑ Notice required
32-16-07
Requisites of answers
32-16-08
Title, proofs, and judgment
32-16-09
When partial partition adjudged
32-16-10
Referee to determine outstanding liens
32-16-11
Notice to appear before referee ‑ Service ‑ Report
32-16-12
Sale or partition
32-16-13
Method and rule of partition
32-16-14
Referee's report
32-16-15
Judgment on report ‑ Effect
32-16-16
What tenants not affected
32-16-17
Payment of expenses
32-16-18
Liens follow owner's share
32-16-19
Certain estates set off
32-16-20
How proceeds of encumbered property applied
32-16-21
Lienor having other security
32-16-22
Distribution by referee
32-16-23
Part of action continued
32-16-24
How sales made
32-16-25
Terms of sale fixed by court
32-16-26
Security for purchase money
32-16-27
Estate for life or years ‑ Compensation
32-16-28
Compensation when consent not given
32-16-29
Compensation when tenant unknown
32-16-30
Value of future estates settled by court
32-16-31
Terms of sale made known at time of sale ‑ Separate parcels
32-16-32
Who can purchase
32-16-33
Report of sale
32-16-34
Order to convey
32-16-35
Interested party may apply share on purchase price
32-16-36
Record and bar of conveyance
32-16-37
Investment of unknown owner's or nonresident's share
32-16-38
Securities taken in name of clerk
32-16-39
Securities ‑ When taken ‑ The name of parties
32-16-40
Clerk's duty
32-16-41
Compensation for inequality
32-16-42
To whom infant's share paid
32-16-43
Share of insane and incompetent
32-16-44
Guardian may consent to partition without action
32-16-45
Costs, fees, and disbursements
32-16-46
Single referee
32-16-47
Abstract of title ‑ How cost paid
32-16-48
Interest on disbursements
32-16-49
Buyouts
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 32-19.2 - Trustees for Commercial Buildings During Foreclosures
Section
Section Name
32-19.2-01
Appointment of trustee
32-19.2-02
Authority and duties of trustee
32-19.2-03
Termination and accounting
32-19.2-04
Compensation of trustee and distribution of funds
32-19.2-05
Applicability
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 32-25 - 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 32-29.3 - Uniform Arbitration Act
Section
Section Name
32-29.3-01
Definitions
32-29.3-02
Notice
32-29.3-03
When chapter applies
32-29.3-04
Effect of agreement to arbitrate ‑ Nonwaivable provisions
32-29.3-05
Application for judicial relief
32-29.3-06
Validity of agreements to arbitrate
32-29.3-07
Motion to compel or stay arbitration
32-29.3-08
Provisional remedies
32-29.3-09
Initiation of arbitration
32-29.3-10
Consolidation of separate arbitration proceedings
32-29.3-11
Appointment of arbitrator ‑ Service as a neutral arbitrator
32-29.3-12
Disclosure by arbitrator
32-29.3-13
Action by majority
32-29.3-14
Immunity of arbitrator ‑ Competency to testify ‑ Attorney's fees and costs
32-29.3-15
Arbitration process
32-29.3-16
Representation by lawyer
32-29.3-17
Witnesses ‑ Subpoenas ‑ Depositions ‑ Discovery
32-29.3-18
Judicial enforcement of preaward ruling by arbitrator
32-29.3-19
Award
32-29.3-20
Change of award by arbitrator
32-29.3-21
Remedies ‑ Fees and expenses of arbitration proceedings
32-29.3-22
Confirmation of award
32-29.3-23
Vacating award
32-29.3-24
Modification or correction of award
32-29.3-25
Judgment on award ‑ Attorney's fees and litigation expenses
32-29.3-26
Jurisdiction
32-29.3-27
Venue
32-29.3-28
Appeals
32-29.3-29
Relationship to Electronic Signatures in Global and National Commerce Act
Chapter 32-29.4 - Uniform Family Law Arbitration Act
Section
Section Name
32-29.4-01
Definitions
32-29.4-02
Scope
32-29.4-03
Applicable law
32-29.4-04
Arbitration agreement
32-29.4-05
Notice of arbitration
32-29.4-06
Motion for judicial relief
32-29.4-07
Qualification and selection of arbitrator
32-29.4-08
Disclosure by arbitrator ‑ Disqualification
32-29.4-09
Party participation
32-29.4-10
Temporary order or award
32-29.4-11
Protection of party or child
32-29.4-12
Powers and duties of arbitrator
32-29.4-13
Recording of hearing
32-29.4-14
Award
32-29.4-15
Confirmation of award
32-29.4-16
Correction by arbitrator of unconfirmed award
32-29.4-17
Correction by court of unconfirmed award
32-29.4-18
Vacation or amendment by court of unconfirmed award
32-29.4-19
Clarification of confirmed award
32-29.4-20
Judgment on award
32-29.4-21
Modification of confirmed award or judgment
32-29.4-22
Enforcement of confirmed award
32-29.4-23
Appeal
32-29.4-24
Immunity of arbitrator
32-29.4-25
Relation to Electronic Signatures in Global and National Commerce Act
32-29.4-26
Transitional provision
Chapter 32-30 - Proceedings Against Joint Debtors
Section
Section Name
32-30-01
Joint and several debtors ‑ Procedure when summons not served on all
32-30-02
Summons after judgment
32-30-03
Requisites of summons
32-30-04
Accompanied by affidavit
32-30-05
Answer
32-30-06
Further pleadings
32-30-07
Pleadings verified
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
Section
Section Name
32-32-01
Definition
32-32-02
Parties to
32-32-03
Judgment in special proceeding defined ‑ Motion and order
32-32-04
What writs issue in vacation
32-32-05
Rules of practice
32-32-06
New trials and appeals
Chapter 32-33 - Writ of Certiorari
Section
Section Name
32-33-01
When and by whom writ of certiorari granted
32-33-02
How application made
32-33-03
To whom directed
32-33-04
Requisites of writ
32-33-05
To officer whose term has expired
32-33-06
Stay of proceedings
32-33-07
Other proofs permitted if officer dies or return incomplete
32-33-08
How served
32-33-09
Extent of review
32-33-10
Return of writ and hearing
32-33-11
Judgment sent below
32-33-12
Judgment roll
Chapter 32-34 - Writ of Mandamus
Section
Section Name
32-34-01
By and to whom writ of mandamus issued
32-34-01.1
Supreme court sua sponte may issue writ to judges of inferior courts
32-34-02
When issued
32-34-03
Alternative or peremptory
32-34-04
When each may issue
32-34-05
Answer
32-34-06
Jury may assess damages
32-34-07
Latitude of proof
32-34-08
New trial ‑ Where motion made
32-34-09
Transmission of verdict
32-34-10
Hearing
32-34-11
Damages ‑ Peremptory writ
32-34-12
How writ served
32-34-13
Disobedience ‑ Punishment
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 32-37 - 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
Section
Section Name
32-38-01
Right to contribution
32-38-02
Pro rata shares
32-38-03
Enforcement
32-38-04
Release or covenant not to sue
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
Section
Section Name
32-40-01
Short title
32-40-02
Legislative intent and purpose
32-40-03
Definitions
32-40-04
Cumulative remedies
32-40-05
Enforcement powers of attorney general
32-40-06
Who may sue ‑ Defendants ‑ Exception to recovery of damages
32-40-07
Notice to be provided
32-40-08
Bond
32-40-09
Intervention in action
32-40-10
Costs
32-40-11
Relief granted
Chapter 32-40.1 - Lender Liability for Environmental Damage
Section
Section Name
32-40.1-01
Definitions
32-40.1-02
Third‑party liability ‑ Environmental damage
32-40.1-03
Extent of application
32-40.1-04
Applicability to civil actions
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 32-46 - Asbestos-Related Liability of Successor
Section
Section Name
32-46-01
Definitions
32-46-02
Applicability
32-46-03
Measure of liabilities
32-46-04
Establishing fair market value of total gross assets
32-46-05
Adjustment
32-46-06
Scope of chapter
Chapter 32-46.1 - Asbestos Bankruptcy Trust Transparency
Section
Section Name
32-46.1-01
Definitions
32-46.1-02
Required disclosures by plaintiff
32-46.1-03
Identification of additional or alternative asbestos trust by defendant
32-46.1-04
Discovery - Use of materials
32-46.1-05
Trust record
32-46.1-06
Failure to provide information - Sanctions
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
Section
Section Name
32-49-01
Definitions
32-49-02
Civil action ‑ Definitions
32-49-03
Exceptions to liability
32-49-04
Plaintiff's privacy
32-49-05
Remedies
32-49-06
Statute of limitations
32-49-07
Construction
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 33 - County Justice Court
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 34-05 - 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
Section
Section Name
34-06.1-01
Declaration of public policy
34-06.1-02
Definitions
34-06.1-03
Prohibition of discrimination
34-06.1-04
Powers of commissioner
34-06.1-05
Collection of unpaid wages and other relief - District court - Commissioner
34-06.1-06
Statute of limitations
34-06.1-07
Records and reporting
34-06.1-08
Posting of law
34-06.1-09
Penalties
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 34-11 - 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
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 35-03 - 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 35-05 - 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 35-13 - 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 35-17 - 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 35-24 - 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 35-27 - 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 35-29 - Uniform Federal Lien Registration Act
Section
Section Name
35-29-01
Scope
35-29-02
Place of filing
35-29-03
Execution of notices and certificates
35-29-04
Duties of filing officer
35-29-05
Fees
35-29-06
Short title
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
Section
Section Name
35-32-01
Aircraft repair and maintenance lien authorized
35-32-02
Possession of aircraft
35-32-03
Recording of lien
35-32-04
Notice to owner and lienholders
35-32-05
Sale of aircraft authorized
35-32-06
Attorney's fees
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
Section
Section Name
35-34-01
Definitions
35-34-02
Lien for past‑due child support
35-34-02.1
Child support lien registry
35-34-03
Vehicle lien
35-34-04
Vessel lien
35-34-05
Account lien
35-34-06
Lien on other personal property
35-34-07
Priority of liens
35-34-08
Satisfaction of lien
35-34-09
Immunity from liability
35-34-10
Action to enforce lien
35-34-11
Persons aggrieved
35-34-12
Full faith and credit
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 36-08 - Cooperative Grazing Associations
Section
Section Name
36-08-01
Definitions
36-08-02
Powers of grazing association
36-08-03
Grazing association name
36-08-04
Membership
36-08-05
Election of directors
36-08-06
Articles of association
36-08-07
Animal units grazed
36-08-08
Powers of directors
36-08-09
Grazing district map
36-08-10
Application of act to existing cooperatives
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 36-14 - 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
Section
Section Name
36-14.1-01
Definitions
36-14.1-02
General authority
36-14.1-03
Appraisal and indemnification
36-14.1-04
Institution of indemnification
36-14.1-05
Cooperation with the United States
36-14.1-06
Rules and regulations
36-14.1-07
Review
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 36-21 - 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 36-25 - Farmed Elk
Section
Section Name
36-25-01
Definitions
36-25-02
Rules ‑ Database
36-25-03
Advisory committee
36-25-04
Development program
36-25-05
Confinement ‑ Rules
36-25-06
Agricultural pursuit
36-25-07
Sales of meat products
36-25-08
Identification
36-25-09
Inspection
36-25-10
Enforcement orders ‑ Administrative hearing ‑ 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 37-07 - 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
Section
Section Name
37-07.1-01
Legislative intent and purpose
37-07.1-02
Definitions
37-07.1-03
Tuition waiver ‑ Terms
37-07.1-04
Limitations
37-07.1-05
Application for waiver
37-07.1-06
Tuition ‑ Assistance payments
37-07.1-06.1
North Dakota national guard tuition fund
37-07.1-06.2
Tuition reimbursement ‑ Payments
37-07.1-07
Regulations
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 37-12.1 - 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 37-14 - 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 37-17.1 - 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 37-19.1 - 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 37-26 - 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
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 38-08 - 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
Section
Section Name
38-11.1-01
Legislative findings
38-11.1-02
Purpose and interpretation
38-11.1-03
Definitions
38-11.1-03.1
Inspection of well site
38-11.1-04
Damage and disruption payments
38-11.1-04.1
Notice of operations
38-11.1-05
Notice of drilling operations
38-11.1-06
Protection of surface and ground water ‑ Other responsibilities of mineral developer
38-11.1-07
Notification of injury - Statute of limitations
38-11.1-07.1
Pretrial appraisal required before commencement of action to recover compensation
38-11.1-08
Agreement ‑ Offer of settlement
38-11.1-08.1
Loss of production payments
38-11.1-09
Rejection ‑ Legal action ‑ Fees and costs
38-11.1-09.1
Mediation of disputes
38-11.1-09.2
Mediation service
38-11.1-10
Application of chapter
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 38-13.1 - 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 38-14.1 - 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
Section
Section Name
38-14.2-01
Declaration of findings and purpose
38-14.2-02
Definitions
38-14.2-03
Powers and duties of the commission
38-14.2-04
State abandoned mine reclamation fund
38-14.2-05
Construction of public facilities
38-14.2-06
Eligible lands and water
38-14.2-07
Commission authorized to administer abandoned mine reclamation program ‑ Objectives ‑ Priorities
38-14.2-08
Right to conduct studies
38-14.2-09
Affected lands ‑ Right of entry
38-14.2-10
Land acquisition
38-14.2-11
Title to lands
38-14.2-12
Transfer or sale of acquired lands
38-14.2-13
Public hearing on disposition of acquired lands
38-14.2-14
Liens for reclamation on private lands
38-14.2-15
Hearing and appeal
Chapter 38-14.3 - Surface Mining and Reclamation Bond Fund
Section
Section Name
38-14.3-01
Definitions
38-14.3-02
Surface coal mining and reclamation bond fund ‑ Appropriation
38-14.3-03
Bond coverage available to permittees
38-14.3-04
Investment of fund
38-14.3-05
Commission may employ staff
38-14.3-06
Premiums ‑ Amount and to whom paid
38-14.3-07
Reinsurance contracts ‑ Revenue bonds ‑ Guarantees
38-14.3-08
Claims ‑ How paid
38-14.3-09
Industrial commission may adopt rules
Chapter 38-15 - Resolution of Conflicts in Subsurface Mineral Production
Section
Section Name
38-15-01
Policy
38-15-02
Definitions
38-15-03
Jurisdiction of commission
38-15-04
Procedure
38-15-05
Penalty ‑ Injunction ‑ Provisions applicable
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
Section
Section Name
38-17-01
Short title
38-17-02
Legislative intent
38-17-03
Definitions
38-17-04
Use of sight draft ‑ Cancellation of lease authorized
38-17-05
Maximum term of years
38-17-06
Acknowledgment of advance royalty provision required
38-17-07
Waiver
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
Section
Section Name
38-18.1-01
Mineral interest defined
38-18.1-02
Statement of claims ‑ Recording ‑ Reversion
38-18.1-03
When mineral interest deemed to be used
38-18.1-04
Statement of claim ‑ Recording ‑ Time
38-18.1-05
Failure to record the statement of claim
38-18.1-06
Notice of lapse of mineral interest ‑ Method
38-18.1-06.1
Perfecting title in surface owner
38-18.1-07
Waiver prohibited
38-18.1-08
Applicability
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
Section
Section Name
39-03.1-01
Definitions
39-03.1-02
North Dakota highway patrol troopers' retirement system
39-03.1-03
North Dakota highway patrolmen's retirement board
39-03.1-04
Administrative expenses
39-03.1-05
Deposit of contributions ‑ Appropriation
39-03.1-06
Rules and regulations ‑ Actuarial data
39-03.1-07
Membership
39-03.1-08
Service allowance
39-03.1-08.1
Purchase of legislative service credit
39-03.1-08.2
Purchase of additional service credit
39-03.1-09
Payments by contributors ‑ Employer payment of employee contribution
39-03.1-10
Contributions by the state
39-03.1-10.1
Refund and repurchase of contributions
39-03.1-10.2
Employer service purchases
39-03.1-10.3
Military service under the Uniformed Services Employment and Re‑employment Rights Act ‑ Member retirement credit
39-03.1-10.4
Reduction in member and employer contributions
39-03.1-11
Retirement benefit
39-03.1-11.1
Benefit limitations
39-03.1-11.2
Internal Revenue Code compliance
39-03.1-11.3
Supplemental retiree benefit payment
39-03.1-12
Retirement allowance
39-03.1-13
Optional retirement
39-03.1-14
Optional retirement allowance
39-03.1-14.1
Multiple plan membership ‑ Eligibility for benefits ‑ Amount of benefits
39-03.1-14.2
Benefit payments to alternate payee under qualified domestic relations order
39-03.1-15
Disability retirement
39-03.1-16
Disability retirement allowance
39-03.1-17
Severance allowance
39-03.1-18
Compulsory termination of employment
39-03.1-19
Refunds in case of resignation or discharge
39-03.1-20
Payments upon death
39-03.1-21
Payments in case of death
39-03.1-21.1
Children's benefit ‑ Limitation
39-03.1-22
Payments of allowances
39-03.1-23
Exemptions from taxes and executions
39-03.1-24
Service in the armed forces of the United States
39-03.1-25
Fraud ‑ Correction of errors
39-03.1-26
Payments under other laws
39-03.1-27
Legislative intent
39-03.1-28
Confidentiality of records
39-03.1-29
Savings clause ‑ Plan modifications
39-03.1-30
Conversion of sick leave
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 (Effective through December 31, 2025)
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 39-04.2 - 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
Section
Section Name
39-10.1-01
Effect of chapter ‑ Penalty for violation
39-10.1-02
Traffic laws apply to persons riding bicycles
39-10.1-03
Riding on bicycle
39-10.1-04
Clinging to vehicle
39-10.1-05
Riding on roadway and bicycle path
39-10.1-05.1
Yielding and stopping while operating a bicycle on a roadway
39-10.1-06
Carrying article
39-10.1-07
Lamps and other equipment on bicycles
39-10.1-07.1
Motorized bicycle ‑ Age of operator
39-10.1-08
Point system not applicable
39-10.1-09
Electric bicycles
39-10.1-10
Bicycling or riding an animal while under the influence of alcohol or drugs ‑ Penalty
39-10.1-11
Multipassenger bicycles
Chapter 39-10.2 - Motorcycles
Section
Section Name
39-10.2-01
Traffic laws apply to person operating motorcycle or motorized bicycle
39-10.2-02
Riding on motorcycle
39-10.2-03
Operating motorcycles on roadways laned for traffic
39-10.2-04
Clinging to other vehicle
39-10.2-05
Footrests
39-10.2-06
Equipment for motorcycle riders
39-10.2-07
Other applicable law
Chapter 39-10.3 - Experimental Vehicles
Section
Section Name
39-10.3-01
Definitions
39-10.3-02
Applicability
39-10.3-03
Experimental vehicle registration ‑ Application ‑ Issuance ‑ Fees ‑ Renewal
39-10.3-04
Exemption from fees
39-10.3-05
Transfer or termination of experimental vehicle ownership ‑ Change of address of owner
39-10.3-06
Rules of operation
39-10.3-07
Equipment
39-10.3-08
Penalty
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 39-16 - 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 39-18 - 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 39-22 - 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
Section
Section Name
39-22.1-01
Trailer dealer's license ‑ Fees ‑ Plates ‑ Definition
39-22.1-01.1
Primary established place of business - Penalty
39-22.1-02
Bond required
39-22.1-02.1
Disposition of fees
39-22.1-03
Suspension, denial, revocation, or cancellation of dealer's license ‑ Penalty
39-22.1-04
Examination of books and records
39-22.1-05
Powers of the director
39-22.1-06
Penalty
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 39-24 - 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 39-27 - Motorcycle Equipment
Section
Section Name
39-27-01
Purpose
39-27-02
Manufacturer's or distributor's certification
39-27-03
Frame‑chassis requirements
39-27-04
Brakes
39-27-04.1
Brakes on motor‑driven cycles
39-27-05
Tires, wheels, and rims
39-27-06
Steering and suspension systems
39-27-07
Fuel system
39-27-08
Exhaust system ‑ Prevention of noise
39-27-09
Mirror
39-27-10
Fenders
39-27-11
Seat or saddle
39-27-12
Chain guard
39-27-13
Vehicle stand
39-27-14
Glazing
39-27-15
Horn
39-27-16
Speedometer and odometer
39-27-17
Lighting equipment
39-27-17.1
Headlamps on motorcycles
39-27-18
Passenger seat
39-27-19
Handhold
39-27-20
Footrests
39-27-21
Highway bars
39-27-22
Equipment approval
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
Section
Section Name
39-29.1-01
Definitions
39-29.1-02
Applicability
39-29.1-03
Low‑speed vehicle registration ‑ Application ‑ Issuance ‑ Fees ‑ Renewal
39-29.1-04
Low‑speed vehicle dealers
39-29.1-05
Exemption from registration ‑ Exemption from fees
39-29.1-06
Transfer or termination of low‑speed vehicle ownership ‑ Change of address of owner
39-29.1-07
Rules of operation
39-29.1-08
Equipment
39-29.1-09
Penalty
Chapter 39-29.2 - Unconventional Vehicles
Section
Section Name
39-29.2-01
Definitions
39-29.2-02
Certificate of title for unconventional vehicle
39-29.2-03
Registration of unconventional vehicle
39-29.2-04
Operation of unconventional vehicle
39-29.2-05
Equipment
39-29.2-06
Manufacturer's or distributor's certification
Chapter 39-30 - Motor Vehicle Chop Shops
Section
Section Name
39-30-01
Definitions
39-30-02
Violations and penalties
39-30-03
Seizure of equipment
39-30-04
Forfeiture of property
39-30-05
Civil proceedings and remedies
39-30-06
Venue
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
Section
Section Name
39-33-01
Definitions
39-33-02
Disclosure and use of personal information from department records prohibited
39-33-03
Required disclosures
39-33-04
Disclosure with consent
39-33-05
Permitted disclosures
39-33-06
Fees
39-33-07
Additional conditions
39-33-08
Resale or redisclosure
39-33-09
Regulations and waiver procedure
39-33-10
Penalty for false representation
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 40-03.1 - 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
Section
Section Name
40-04.1-01
City council ‑ Membership ‑ Terms
40-04.1-02
Compensation of council members
40-04.1-03
Vacancies on city council ‑ How filled
40-04.1-04
Restrictions on council member
40-04.1-05
Meetings ‑ Regular, special, and for organization
40-04.1-06
Mayor
40-04.1-07
Council ‑ Duties and powers
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 40-08 - 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 40-18.1 - 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
Section
Section Name
40-33.2-01
Findings and purpose
40-33.2-02
Definitions
40-33.2-03
Municipal power agencies ‑ Incorporation
40-33.2-04
Municipal power agencies ‑ Powers
40-33.2-05
Bonds and notes
40-33.2-06
Eminent domain
40-33.2-07
Rules and rates
40-33.2-08
City powers
40-33.2-09
Construction contracts
40-33.2-10
Authorized investments ‑ Security for public deposits
40-33.2-11
Joint exercise of powers
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 40-42 - 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 40-50.1 - 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 40-51.2 - 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 40-53.1 - 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
Section
Section Name
40-59-01
Armory or memorial funding
40-59-02
Resolution and notice of election
40-59-03
Form of ballot
40-59-04
Conduct of election
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 41-07 - 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
Section
Section Name
41-10-01
Definitions
41-10-02
Criminal penalty
41-10-03
Civil penalty
41-10-04
Cause of action ‑ Injunction
41-10-05
Venue
41-10-06
Other remedies
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
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 43-02.2 - Accountants
Section
Section Name
43-02.2-01
Purpose
43-02.2-02
Definitions
43-02.2-03
State board of accountancy
43-02.2-04
Certified public accountants
43-02.2-04.1
Substantial equivalency
43-02.2-05
Permits to practice ‑ Individual
43-02.2-06
Permits to practice ‑ Firms
43-02.2-06.1
Permit to practice ‑ Firm wholly owned by qualified plan
43-02.2-07
Licensed public accountants and firms of public accountants
43-02.2-08
Appointment of secretary of state as agent
43-02.2-09
Enforcement against licensees
43-02.2-10
Enforcement procedures ‑ Investigations
43-02.2-11
Reinstatement
43-02.2-12
Unlawful acts
43-02.2-13
Injunctions against unlawful acts
43-02.2-14
Criminal penalties
43-02.2-15
Single act evidence of practice
43-02.2-16
Confidential communications
43-02.2-17
Licensees' working papers ‑ Clients' records
43-02.2-18
Uniform statute of limitations
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 43-09 - 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
Section
Section Name
43-10.1-01
Definitions
43-10.1-02
Pre‑need funeral service contracts
43-10.1-03
Annual report filed with commissioner
43-10.1-03.1
Payments on pre‑need funeral contracts to be deposited ‑ Depository shall keep record of deposit ‑ Personal property storage
43-10.1-04
Bond
43-10.1-05
Verification by commissioner
43-10.1-06
Special audits ‑ Violations of law
43-10.1-06.1
Fraudulent practices
43-10.1-06.2
Orders and injunctions
43-10.1-06.3
Investigations and subpoenas
43-10.1-07
Prosecution for violations of law
43-10.1-07.1
Administration
43-10.1-07.2
Statute of limitations
43-10.1-08
Penalties
Chapter 43-11 - Cosmetologists
Section
Section Name
43-11-01
Definitions (Effective through December 31, 2025)
43-11-02
Exemptions from provisions of chapter (Effective through December 31, 2025)
43-11-03
State board of cosmetology ‑ Appointment ‑ Term ‑ Removal (Effective through December 31, 2025)
43-11-04
Members of board ‑ Qualifications (Effective through December 31, 2025)
43-11-05
Officers of board ‑ Powers ‑ Rulemaking (Effective through December 31, 2025)
43-11-06
Compensation of members of board ‑ How paid (Effective through December 31, 2025)
43-11-07
Bond of secretary
43-11-08
Meetings of the board (Effective through December 31, 2025)
43-11-09
Fees ‑ Deposited with state treasurer ‑ Expenses ‑ How paid
43-11-10
Records of board ‑ Fees ‑ Expenses ‑ How paid (Effective through December 31, 2025)
43-11-10.1
Material changes to practice act (Effective after December 31, 2025)
43-11-11
Rules of cleaning and disinfecting ‑ Practice outside salon (Effective through December 31, 2025)
43-11-11.1
Use of brush rollers authorized (Repealed effective January 1, 2026)
43-11-12
Employees of board
43-11-13
License required (Effective through December 31, 2025)
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 (Effective through December 31, 2025)
43-11-15
Salon ownership and operation (Effective through December 31, 2025)
43-11-15.1
Exemption from licensing requirement - Licensed nursing homes, basic care facilities, and assisted living centers (Effective after December 31, 2025)
43-11-16
Schools of cosmetology ‑ Qualifications for licensure (Effective through December 31, 2025)
43-11-16.1
Internships and apprenticeship programs (Effective through December 31, 2025)
43-11-17
Licenses issued for schools of cosmetology and cosmetology salons ‑ Fee for registration (Repealed effective January 1, 2026)
43-11-18
School advertising must disclose work done by students ‑ Violation ‑ Cancellation of license
43-11-19
Students ‑ Registration (Effective through December 31, 2025)
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 (Effective through December 31, 2025)
43-11-20.4
Exemption from postsecondary license requirement ‑ Solicitor's permit required
43-11-21
Cosmetologist, esthetician, manicurist license ‑ Examination required ‑ Application ‑ Examination ‑ Fees (Effective through December 31, 2025)
43-11-22
Board to determine qualifications of applicants ‑ Delegation of power
43-11-23
Examination (Effective through December 31, 2025)
43-11-24
Cosmetologist, esthetician, or manicurist license ‑ When issued ‑ Failure to pass examination ‑ Re‑examination (Effective through December 31, 2025)
43-11-25
Licensure by reciprocity (Effective through December 31, 2025)
43-11-25.1
International applicants
43-11-25.2
Applications to practice cosmetology - Active-duty military members - Veterans - Spouses (Effective after December 31, 2025)
43-11-26
Master cosmetologist, master esthetician, and master manicurist ‑ License ‑ Qualifications (Effective through December 31, 2025)
43-11-26.1
Advanced esthetician license ‑ Grandfather provision (Effective after December 31, 2025)
43-11-26.2
License requirements - Additional certifications for advanced estheticians (Effective after December 31, 2025)
43-11-27
Instructor's license ‑ Student instructor's license ‑ Registration ‑ Qualifications (Effective through December 31, 2025)
43-11-27.1
Esthetician and manicurist licenses ‑ Qualifications ‑ Fees (Repealed effective January 1, 2026)
43-11-27.2
Scope of practice - Noninvasive care limitation ‑ Advanced esthetic exception (Effective after December 31, 2025)
43-11-28
Fees (Effective through December 31, 2025)
43-11-29
License renewal ‑ Failure to renew (Effective through December 31, 2025)
43-11-29.1
Establishment, independent licensee license renewal - Failure to renew (Effective after December 31, 2025)
43-11-29.2
School license renewal ‑ Failure to renew (Effective after December 31, 2025)
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 (Effective after December 31, 2025)
43-11-38
Inspection generated by a complaint (Effective after December 31, 2025)
43-11-39
Refusal to allow inspection (Effective after December 31, 2025)
Chapter 43-12.1 - Nurse Practices Act
Section
Section Name
43-12.1-01
Scope
43-12.1-02
Definitions
43-12.1-03
License or registration required ‑ Title ‑ Abbreviation
43-12.1-04
Persons exempt from provisions of chapter
43-12.1-05
Board of nursing ‑ Composition ‑ Term of office
43-12.1-06
Qualifications of board members
43-12.1-07
Compensation of board members
43-12.1-08
Duties of the board
43-12.1-08.1
Prescriptive practices for registered nurses with advanced licenses
43-12.1-08.2
Nursing needs study
43-12.1-09
Initial licensure and registration
43-12.1-09.1
Nursing licensure or registration ‑ Criminal history record checks
43-12.1-10
Renewal of license or registration ‑ Reactivation
43-12.1-11
Duties of licensees and registrants
43-12.1-12
Emergency treatment by nurses
43-12.1-13
Disciplinary proceedings
43-12.1-13.1
Emergency treatment by nurses
43-12.1-13.2
Emergency treatment by licensed nurses during disaster
43-12.1-14
Grounds for discipline ‑ Penalties
43-12.1-14.1
Grounds for discipline ‑ Assistant to the nurse
43-12.1-14.2
Unlicensed assistive person ‑ Practice without a registration
43-12.1-14.3
Limitations on disciplinary actions
43-12.1-15
Violation ‑ Penalties
43-12.1-16
Delegation of medication administration
43-12.1-16.1
Supervision and delegation of nursing interventions
43-12.1-17
Nursing education programs
43-12.1-18
Nursing practice standards
43-12.1-19
Transition from transitional nurse licenses
43-12.1-20
Continuing education requirements
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 43-15 - 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
43-15-32
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
Section
Section Name
43-15.2-01
Definitions
43-15.2-02
Administration
43-15.2-03
Conditions for participation
43-15.2-04
Conditions for acceptance of a donation
43-15.2-05
Storage, distribution, and dispensing
43-15.2-06
Liability
43-15.2-07
Recordkeeping
Chapter 43-15.3 - Wholesale Drug Pedigree
Section
Section Name
43-15.3-01
Definitions
43-15.3-02
Rulemaking authority
43-15.3-03
Wholesale distributor licensing requirement ‑ Minimum requirements for licensure
43-15.3-04
Requirements to distribute prescription drugs, medical gases, or medical equipment
43-15.3-05
Restrictions on transactions
43-15.3-06
Pedigree
43-15.3-07
Order to cease distribution
43-15.3-08
Prohibited acts ‑ Penalty
43-15.3-09
Penalties
43-15.3-10
Retail medical gas retailers ‑ Reciprocity
43-15.3-11
Retail durable medical equipment retailers ‑ Reciprocity
43-15.3-12
Fees
43-15.3-13
Compounding provided by an outsourcing facility
43-15.3-14
Third-party logistics providers
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 43-17 - 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 (Effective through December 31, 2025)
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
Chapter 43-17.1 - Board of Medicine Investigative Panels
Section
Section Name
43-17.1-01
Definitions
43-17.1-02
Investigative panels of the board
43-17.1-03
Compensation
43-17.1-04
Meetings of investigative panels
43-17.1-05
Complaints
43-17.1-05.1
Reporting requirements ‑ Penalty
43-17.1-06
Powers of the board's investigative panels
43-17.1-07
Expanded jurisdiction of the board
43-17.1-08
Communication to investigative panel privileged
43-17.1-09
Immunity
Chapter 43-17.3 - Physician Health Program
Section
Section Name
43-17.3-01
Definitions
43-17.3-02
Physician health program
43-17.3-03
Physician health program requirements
43-17.3-04
Evaluation
43-17.3-05
Self‑reporting and self‑referral
43-17.3-06
Mandated reporting
43-17.3-07
Confidentiality of records
43-17.3-08
Liability
Chapter 43-17.4 - Interstate Medical Licensure Compact
Section
Section Name
43-17.4-01
Interstate medical 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
Section
Section Name
43-18.1-01
Definitions
43-18.1-02
Administration
43-18.1-03
Duties of the board
43-18.1-04
Licenses ‑ Examination ‑ Fees ‑ Apprentices
43-18.1-05
Temporary licenses ‑ Issuance
43-18.1-05.1
Conviction not bar to licensure ‑ Exceptions
43-18.1-06
Renewal of license and registration ‑ Fee
43-18.1-07
Revocation of licenses
43-18.1-08
Revocation ‑ Hearing ‑ Reinstatement
43-18.1-09
Violations ‑ Penalty
Chapter 43-18.2 - Sewer and Water Installers
Section
Section Name
43-18.2-01
Definitions
43-18.2-02
Duties of the board
43-18.2-03
Licenses
43-18.2-04
Sewer and water installer apprentice license
43-18.2-05
Out‑of‑state applicants
43-18.2-06
Experience for testing
43-18.2-07
Examination requirements
43-18.2-08
Examination fees
43-18.2-09
License renewal fees
43-18.2-10
Revocation of licenses
43-18.2-11
Administration of funds ‑ Continuing appropriation
43-18.2-12
Violation ‑ Penalty
Chapter 43-19.1 - Professional Engineers and Land Surveyors
Section
Section Name
43-19.1-01
General provisions
43-19.1-02
Definitions
43-19.1-03
Board ‑ Appointments ‑ Terms
43-19.1-04
Board ‑ Qualifications
43-19.1-05
Board ‑ Compensation and expenses
43-19.1-06
Board ‑ Removal of members ‑ Vacancies
43-19.1-07
Board ‑ Organization and meetings
43-19.1-08
Board ‑ Powers
43-19.1-09
Receipts and disbursements
43-19.1-10
Records and reports
43-19.1-11
Roster
43-19.1-12
General requirements for registration
43-19.1-12.1
Conviction not bar to registration ‑ Exceptions
43-19.1-13
Registration without examination ‑ Professional engineers
43-19.1-14
Registration with examination ‑ Professional engineers
43-19.1-15
Additional qualifications of engineer interns
43-19.1-16
Registration ‑ Professional land surveyor
43-19.1-16.1
Qualifications of land surveyor interns (Effective through June 30, 2028)
43-19.1-16.2
Qualifications of land surveyor interns
43-19.1-17
Application for registration
43-19.1-17.1
Retired registrant
43-19.1-18
Registration fees
43-19.1-19
Examinations
43-19.1-20
Certificates
43-19.1-21
Seals
43-19.1-22
Expirations and renewals
43-19.1-23
Reissuance of certificates
43-19.1-24
Code of ethics
43-19.1-24.1
Engineer not liable for contractor's fault unless responsibility assumed ‑ Liability for own negligence
43-19.1-25
Disciplinary action ‑ Revocations, suspensions, or reprimand
43-19.1-26
Disciplinary action ‑ Procedure
43-19.1-27
Right to practice
43-19.1-28
Public works
43-19.1-29
Exemption clause
43-19.1-30
Duties of recorder
43-19.1-31
Violation and penalties
43-19.1-32
Duty of attorney general ‑ Legal counsel
43-19.1-33
Continuing professional education ‑ Rules
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 43-23 - 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
Section
Section Name
43-23.1-01
Short title
43-23.1-02
Definitions
43-23.1-03
Administration of chapter
43-23.1-04
Prohibitions on dispositions of interests in subdivisions
43-23.1-05
Exemptions
43-23.1-06
Application for registration
43-23.1-07
Public offering statement
43-23.1-08
Inquiry and examination
43-23.1-09
Notice of filing ‑ Registration ‑ Fees
43-23.1-10
Annual report
43-23.1-11
General powers and duties
43-23.1-12
Fraudulent practices
43-23.1-13
Investigations and proceedings
43-23.1-14
Orders
43-23.1-15
Revocation
43-23.1-16
Judicial review
43-23.1-17
Real estate license required
43-23.1-18
Civil remedy
43-23.1-19
Jurisdiction
43-23.1-20
Extradition
43-23.1-21
Service of process
43-23.1-22
Evidentiary matters
43-23.1-23
Penalties
Chapter 43-23.2 - Real Estate Education Fund
Section
Section Name
43-23.2-01
Real estate education, research, and recovery fund ‑ Purposes ‑ Administration
43-23.2-02
Fees paid into fund
43-23.2-03
Claims against fund ‑ Orders for payment
43-23.2-04
Hearings
43-23.2-05
Motion for dismissal ‑ Commission may defend action
43-23.2-06
Judgment debtor may defend ‑ Default judgments
43-23.2-07
Order for payment
43-23.2-08
Limitation of payment ‑ Pro rata distribution
43-23.2-09
Repayment to fund
43-23.2-10
Claims satisfied in order of filing
43-23.2-11
Deposits by commission
43-23.2-12
Subrogation rights of commission
43-23.2-13
Disciplinary action by commission
Chapter 43-23.3 - Real Estate Appraisers
Section
Section Name
43-23.3-01
Definitions
43-23.3-02
North Dakota real estate appraiser qualifications and ethics board
43-23.3-03
Powers and duties of the board
43-23.3-03.1
Public records exception
43-23.3-04
Permit required ‑ Exemptions
43-23.3-04.1
Issuance of permits to applicants licensed or certified by another state
43-23.3-05
Permit process
43-23.3-06
Classes of permits
43-23.3-07
Examination requirement
43-23.3-08
Appraisal education requirements
43-23.3-09
Appraisal experience requirements
43-23.3-10
Expiration of permit
43-23.3-11
Temporary permit
43-23.3-12
Permit renewal
43-23.3-13
Principal place of business
43-23.3-14
Permit number displayed with signature
43-23.3-15
Use of designation
43-23.3-16
Action for fee
43-23.3-17
Retention of records
43-23.3-18
Standards of professional appraisal practice ‑ Exception
43-23.3-18.1
Evaluation by appraiser
43-23.3-19
Continuing education
43-23.3-20
Fees
43-23.3-21
Disposition of fees
43-23.3-22
Disciplinary proceedings
43-23.3-23
Penalties
43-23.3-24
Criminal history record checks
Chapter 43-23.5 - Appraisal Management Companies
Section
Section Name
43-23.5-01
Definitions
43-23.5-02
Rulemaking authority
43-23.5-03
Registration required
43-23.5-04
Registration process
43-23.5-05
Consent to service of process
43-23.5-06
Expiration of registration
43-23.5-07
Exemptions
43-23.5-08
Owner requirements
43-23.5-09
Controlling person
43-23.5-10
Employee requirements
43-23.5-11
Appraiser engagement
43-23.5-12
Appraisal review
43-23.5-13
Verification of licensure or certification
43-23.5-14
Appraisal management company certification of appraisal review system
43-23.5-15
Retention of records
43-23.5-16
Fee disclosure system requirement
43-23.5-17
Requirement of appraisal management company's payment to appraiser
43-23.5-18
Appraisal management company registration numbers
43-23.5-19
Fees - Bonds
43-23.5-20
Mandatory reporting
43-23.5-21
Prohibited conduct
43-23.5-22
Disciplinary proceedings
43-23.5-23
Criminal history background checks
43-23.5-24
Penalty
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 43-26.1 - Physical Therapists
Section
Section Name
43-26.1-01
Definitions
43-26.1-02
Board of physical therapy ‑ Members ‑ Appointments ‑ Vacancies
43-26.1-03
Powers of the board
43-26.1-04
Qualifications for licensure
43-26.1-05
Application and examination
43-26.1-05.1
Use of criminal history record checks
43-26.1-06
Licensure by endorsement
43-26.1-07
Exemptions from licensure
43-26.1-08
License renewal ‑ Changes
43-26.1-09
Reinstatement of license
43-26.1-10
Fees
43-26.1-11
Patient care management
43-26.1-11.1
Ordering imaging
43-26.1-12
Consumers' rights
43-26.1-13
Grounds for disciplinary actions
43-26.1-14
Lawful practice
43-26.1-15
Terms and titles
43-26.1-16
Representations and billings without licensure prohibited ‑ Enforcement ‑ Injunctions
43-26.1-17
Penalty
Chapter 43-26.2 - Physical Therapy Licensure Compact
Section
Section Name
43-26.2-01
Physical therapy licensure compact
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
Section
Section Name
43-31-01
Definitions
43-31-02
Instruments to be used
43-31-03
Unlawful acts
43-31-04
Applications for licenses
43-31-05
Renewal of licenses
43-31-06
Consent for service of process
43-31-07
Qualifications of applicant
43-31-07.1
Internship license
43-31-08
Reinstatement of license
43-31-09
Contents of license ‑ Posting
43-31-10
Revocation or suspension
43-31-11
Notice and hearing on license revocation
43-31-12
Appeal from decision
43-31-13
Attorney general may issue regulations
43-31-14
License fees
43-31-15
Exemptions
43-31-16
Exemption from testing requirements
43-31-17
Violation ‑ Penalty
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
Section
Section Name
43-34-01
Definitions
43-34-02
Composition of the board
43-34-03
Qualifications for licensure
43-34-03.1
Conviction not bar to licensure ‑ Exceptions
43-34-03.2
Criminal history record checks
43-34-04
Licensing function
43-34-05
License fees
43-34-06
Fund created
43-34-07
Organization of board
43-34-08
Exclusive jurisdiction of board
43-34-09
Duties of the board
43-34-10
Renewal of license
43-34-11
Emergency licenses
43-34-12
Licensure of individuals licensed in other jurisdictions
43-34-13
Offense ‑ Penalty
43-34-14
Laws in conflict 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
Section
Section Name
43-37-01
Policy
43-37-02
Definitions
43-37-03
License required ‑ Exceptions
43-37-04
Eligibility for licensure
43-37-04.1
Licensing of out‑of‑state practitioners
43-37-04.2
Speech‑language pathology assistant ‑ Supervising speech‑language pathologist
43-37-05
Board of examiners on audiology and speech‑language pathology
43-37-06
Powers and duties of the board
43-37-07
Administrative provisions
43-37-08
Compensation of board members
43-37-09
License examination
43-37-10
Examination for license
43-37-11
Waiver of examination or parts thereon
43-37-12
Issuance of license
43-37-13
Disciplinary actions
43-37-14
Renewal of license
43-37-15
Fees
43-37-16
Notice
43-37-17
Continuing professional education
43-37-18
Penalty
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
Section
Section Name
43-39-01
Definitions
43-39-02
Board of athletic trainers
43-39-03
Records
43-39-04
Unlawful practice
43-39-05
Qualifications
43-39-06
Issuance of licenses
43-39-07
Initial license
43-39-08
Examination required
43-39-09
License renewal
43-39-10
Grounds for denial, suspension, or revocation of license ‑ Application of chapter
43-39-11
Penalty
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
Section
Section Name
43-42-01
Definitions
43-42-02
State board of respiratory care
43-42-03
Respiratory therapist and polysomnographic technologist licensing ‑ Fees
43-42-04
Respiratory care practice
43-42-04.1
Polysomnography practice
43-42-05
Application of chapter
43-42-06
Reciprocity
43-42-07
Penalty
43-42-08
Criminal history record checks
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
Section
Section Name
43-44-01
Definitions
43-44-02
Board of dietetic practice ‑ Membership ‑ Terms ‑ Meetings
43-44-03
Board powers and duties
43-44-04
Board administrative authority and requirements
43-44-05
Fees
43-44-06
License required ‑ Title ‑ Abbreviations
43-44-07
Requirements for licensure ‑ Licensed nutritionist
43-44-08
Requirements for licensure ‑ Licensed registered dietitian
43-44-09
Waiver of requirements for licensure of dietitians
43-44-09.1
Grandfathering of licensed nutritionists
43-44-09.2
Scope of practice
43-44-10
Persons excepted from license requirement
43-44-10.1
Qualified supervision
43-44-11
Issuance of license
43-44-12
Provisional license
43-44-13
Reciprocity
43-44-14
Renewal of license
43-44-15
Suspension and revocation of license ‑ Refusal to renew
43-44-16
Injunction
43-44-17
Penalty
43-44-18
Costs
43-44-19
Telehealth
43-44-20
Limited practice without a license
43-44-21
Criminal history record checks
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
Section
Section Name
43-49-01
Definitions
43-49-02
Board ‑ Appointment ‑ Terms
43-49-03
Removal of members of the board
43-49-04
Duties of the secretary‑treasurer ‑ Compensation ‑ Expenses of the board
43-49-04.1
Board rules
43-49-05
Exemptions
43-49-06
Requisites for licensure
43-49-07
Qualification for licensure by an applicant licensed in another jurisdiction
43-49-08
Restriction on use of title
43-49-09
License ‑ Display ‑ Renewal ‑ Renewal fee
43-49-10
Deposit of fees
43-49-11
Prohibited practices
43-49-12
Revocation of licensing
43-49-13
Administrative procedures
43-49-14
Penalty
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
Section
Section Name
43-51.1-01
Definitions
43-51.1-02
Universal licensure
43-51.1-03
Board operations
Chapter 43-52 - Interpreters
Section
Section Name
43-52-01
Definitions
43-52-02
Practice of interpreting
43-52-03
Exceptions
43-52-04
Penalty - Civil penalty
Chapter 43-53 - Marriage and Family Therapy Practice
Section
Section Name
43-53-01
Definitions
43-53-02
Representation to the public
43-53-03
Exemptions
43-53-04
Marriage and family therapy licensure board
43-53-05
Board powers and duties
43-53-06
Licenses
43-53-07
Examination
43-53-08
License by endorsement
43-53-09
Fees
43-53-10
Disciplinary proceedings
43-53-10.1
Temporary suspension ‑ Appeal
43-53-11
Limitations of practice ‑ Divorce proceedings
43-53-12
Penalty
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
Section
Section Name
43-55-01
Definitions
43-55-02
Rights, duties, and obligations unaffected
43-55-03
Licensing requirements
43-55-04
Fees
43-55-05
Bond
43-55-06
General requirements
43-55-07
Benefit plans
43-55-08
Disciplinary actions ‑ Complaints ‑ Adjudicative proceedings ‑ Penalties ‑ Appeals
43-55-09
Confidential records
43-55-10
Interagency cooperation
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
Section
Section Name
43-60-01
Definitions
43-60-02
Practice of genetic counseling ‑ Exemptions
43-60-03
Application for licensure
43-60-04
Temporary license
43-60-05
License renewal
43-60-06
Board duties
43-60-06.1
Criminal history record checks
43-60-07
Disciplinary actions
43-60-08
Reinstatement and renewal
43-60-09
Genetic counselor advisory committee
43-60-10
Penalty
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
Section
Section Name
43-62-01
Definitions
43-62-02
License required
43-62-03
Exemptions
43-62-04
North Dakota medical imaging and radiation therapy board
43-62-05
Term of office
43-62-06
Removal of members of the board
43-62-07
Officers of the board
43-62-08
Meetings of the board
43-62-09
Powers of the board
43-62-10
Conflict of interest
43-62-11
Records of the board
43-62-12
Biennial report
43-62-13
Compensation - Expenses of board
43-62-14
License requirements
43-62-14.1
Fluoroscopy technologist
43-62-15
Scope of practice
43-62-16
Fees
43-62-17
Renewal
43-62-18
Disciplinary action
43-62-19
Grounds for disciplinary action
43-62-20
Costs of prosecution - Disciplinary proceedings
43-62-21
Practicing without a license - Violation of chapter - Penalty
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
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 44-06.1 - Revised Uniform Law on Notarial Acts
Section
Section Name
44-06.1-01
Definitions
44-06.1-02
Applicability
44-06.1-03
Authority to perform notarial acts
44-06.1-04
Requirements for certain notarial acts
44-06.1-05
Personal appearance required
44-06.1-06
Identification of individual
44-06.1-07
Authority to refuse to perform notarial act
44-06.1-08
Signature if individual unable to sign
44-06.1-09
Notarial act in this state
44-06.1-10
Notarial act in another state
44-06.1-11
Notarial act under authority of tribe
44-06.1-12
Notarial act under federal authority
44-06.1-13
Foreign notarial act
44-06.1-13.1
Notarial act performed for remotely located individual
44-06.1-14
Certificate of notarial act
44-06.1-15
Official stamp
44-06.1-16
Stamping device
44-06.1-16.1
Journals
44-06.1-17
Notary vacancies - Resignations
44-06.1-18
Notification regarding performance of notarial acts on electronic record ‑ Selection of technology ‑ Acceptance of tangible copy of electronic record
44-06.1-19
Short form
44-06.1-20
Notary public commission ‑ Qualifications
44-06.1-21
Grounds to deny, refuse to renew, revoke, suspend, or condition commission of notary public
44-06.1-22
Database of notaries public
44-06.1-23
Prohibited acts
44-06.1-24
Validity of notarial acts
44-06.1-25
Rules
44-06.1-26
Notary public commission in effect
44-06.1-27
Name change
44-06.1-28
Fees to be charged for notarial acts ‑ Penalty
44-06.1-29
Savings clause
44-06.1-30
Relation to Electronic Signatures in Global and National Commerce Act
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
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]
Title 45 - Partnerships
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 (Contingent effective date - See note)
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 (Contingent effective date - See note)
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 (Contingent effective date - See note)
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 (Contingent effective date - See note)
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 (Contingent effective date - See note)
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 (Contingent effective date - See note)
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 (Contingent effective date - See note)
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
Section
Section Name
47-10.1-01
Definitions
47-10.1-02
Restriction on acquisition ‑ Exceptions
47-10.1-03
Recording
47-10.1-04
Enforcement
47-10.1-05
Reports
47-10.1-06
Penalty
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 47-12 - 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
Section
Section Name
47-15-01
Hiring defined
47-15-02
Obligations of letter
47-15-03
Remedy against letter
47-15-04
Ordinary care
47-15-05
Limitation of use to purpose for which let
47-15-06
Title to products
47-15-07
Injuries ‑ Reparation by hirer
47-15-08
Expenses borne by hirer
47-15-09
Termination of hiring in general
47-15-10
Termination before end of term by letter
47-15-11
Termination before end of term by hirer
47-15-12
Payment of proportionate hire
47-15-13
Return of property by hirer
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 (Effective through December 31, 2025)
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
Section
Section Name
47-19.1-01
What constitutes marketable title
47-19.1-02
Definitions
47-19.1-03
Notice of adverse claim of interest filed
47-19.1-04
Who may file notice
47-19.1-05
Where notice filed ‑ Contents
47-19.1-06
Notice recorded and indexed
47-19.1-07
Evidence of possession recorded
47-19.1-08
Existing statutes of limitation not affected
47-19.1-09
Slanderous notice ‑ Penalty
47-19.1-10
Purpose of chapter
47-19.1-11
Exceptions
Chapter 47-20.1 - Survey and Corner Recordation Act
Section
Section Name
47-20.1-01
Purpose
47-20.1-02
Definitions
47-20.1-03
Filing of corner record required
47-20.1-04
Filing permitted as to any property corner
47-20.1-05
Form to be prescribed by board
47-20.1-06
Recorder to receive, file, and cross‑index
47-20.1-07
Official corner record
47-20.1-08
Recorder may charge filing fee
47-20.1-09
Surveyor must rehabilitate monuments
47-20.1-10
Minimum corner requirements
47-20.1-11
Corner records to be certified
47-20.1-12
Disturbance of survey corners ‑ Penalty
47-20.1-13
Short title
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
Section
Section Name
47-21.1-01
Definition
47-21.1-02
Unauthorized transfer of recorded sound or the recording of any performance prohibited
47-21.1-03
Disclosure of name and address of manufacturer
47-21.1-04
Forfeiture and destruction of illegal recordings
47-21.1-05
Exemptions
47-21.1-06
Penalty
Chapter 47-21.2 - Royalties Contracts
Section
Section Name
47-21.2-01
Definitions
47-21.2-02
Notice and information
47-21.2-03
Contract requirements
47-21.2-04
Prohibited conduct
47-21.2-05
Remedies
47-21.2-06
Application
Chapter 47-22 - Trademarks
Section
Section Name
47-22-01
Definitions
47-22-02
Registrability
47-22-03
Application for registration
47-22-04
Certificate of registration
47-22-05
Duration and renewal
47-22-06
Assignment
47-22-06.1
Change of name or address of registrant
47-22-07
Records
47-22-08
Cancellation
47-22-09
Classification
47-22-10
Fraudulent registration
47-22-11
Infringement
47-22-12
Remedies
47-22-13
Common‑law rights
Chapter 47-24.1 - Uniform Transfers to Minors Act
Section
Section Name
47-24.1-01
Definitions
47-24.1-02
Scope and jurisdiction
47-24.1-03
Nomination of custodian
47-24.1-04
Transfer by gift or exercise of power of appointment
47-24.1-05
Transfer authorized by will or trust
47-24.1-06
Other transfer by fiduciary
47-24.1-07
Transfer by obligor
47-24.1-08
Receipt for custodial property
47-24.1-09
Manner of creating custodial property and effecting transfer ‑ Designation of initial custodian ‑ Control
47-24.1-10
Single custodianship
47-24.1-11
Validity and effect of transfer
47-24.1-12
Care of custodial property
47-24.1-13
Powers of custodian
47-24.1-14
Use of custodial property
47-24.1-15
Custodian's expense, compensation, and bond
47-24.1-16
Exemption of third person from liability
47-24.1-17
Liability to third persons
47-24.1-18
Renunciation, resignation, death, or removal of custodian ‑ Designation of successor custodian
47-24.1-19
Accounting by and determination of liability of custodian
47-24.1-20
Termination of custodianship
47-24.1-21
Applicability
47-24.1-22
Effect on existing custodianships
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 (Contingent effective date - See note)
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
Section
Section Name
47-25.1-01
Definitions
47-25.1-02
Injunctive relief
47-25.1-03
Damages
47-25.1-04
Attorney's fees
47-25.1-05
Preservation of secrecy
47-25.1-06
Statute of limitations
47-25.1-07
Effect on other law
47-25.1-08
Short title
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 47-29 - 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 47-30.2 - 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
Section
Section Name
47-34-01
Definitions
47-34-02
Real estate transaction disbursements
47-34-02.1
Acceptance of funds by closing agents
47-34-03
Disclosures
47-34-04
Civil damages
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
Chapter 48-01 - Contractors' Bonds and Insurance [Repealed]
Chapter 48-01.1 - Public Improvement Contract Bids [Repealed]
Title 48 - Public Buildings
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 48-02.1 - Infrastructure Development by Private Operators
Section
Section Name
48-02.1-01
Definitions
48-02.1-02
Private operators
48-02.1-03
Public authority may enter into development agreement
48-02.1-04
Contents of development agreements
48-02.1-05
Right‑of‑way acquisition
48-02.1-06
Lease term
48-02.1-07
Application of other law
48-02.1-08
Public authority may facilitate projects
48-02.1-09
Development agreements ‑ Mandatory provisions
48-02.1-10
Cost recovery
48-02.1-11
Joint authority
48-02.1-12
Property tax exemptions ‑ Exemptions from bidding requirements
48-02.1-13
Relation to other law
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 48-08 - 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 48-12 - 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
Section
Section Name
49-04.1-01
Definitions
49-04.1-02
Civil action allowed
49-04.1-03
Disputable presumptions of bypassing, tampering, or unauthorized metering
49-04.1-04
Reservation
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 49-09 - 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
Section
Section Name
49-09.1-01
Definitions
49-09.1-02
Right of utilities to cross over or under railroad right of way
49-09.1-03
Notice and application for placement
49-09.1-04
Commencement of construction across railroad right of way
49-09.1-05
Crossing fee ‑ Flagging expense
49-09.1-06
Certificate of insurance or coverage
49-09.1-07
Notice of objection by railroad ‑ Appeal
49-09.1-08
Additional requirements imposed by railroad ‑ Objection and petition to commission
49-09.1-09
Operational relocation
49-09.1-10
Removal of equipment
49-09.1-11
Assignment
49-09.1-12
Prohibition against mechanic's liens
49-09.1-13
Taxes
49-09.1-14
Existing agreements ‑ Eminent domain
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 49-16 - 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 49-17.1 - 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 49-19 - 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
Section
Section Name
49-21.1-01
Definitions
49-21.1-01.1
Electricity transmission and distribution lines ‑ Differentiation
49-21.1-02
Operations within ten feet prohibited
49-21.1-03
Warning sign required on equipment
49-21.1-03.1
Work near high voltage overhead lines ‑ Safety requirements ‑ Notice ‑ Costs
49-21.1-04
Penalty
49-21.1-05
Exceptions
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
Section
Section Name
49-23-01
Definitions
49-23-02
Notice to excavators and underground facility operators
49-23-03
Notification center ‑ Participation ‑ Establishment
49-23-04
Excavation
49-23-04.1
Survey
49-23-05
Precautions to avoid damage
49-23-06
Damage to facilities ‑ Penalty
49-23-07
Effect on local ordinances
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 50-06 - 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
Section
Section Name
50-06.5-01
Definitions
50-06.5-02
Statewide independent living council
50-06.5-03
Requirements of the statewide independent living council
50-06.5-04
Duties of the statewide independent living council
50-06.5-05
State plan
50-06.5-06
Center for independent living
50-06.5-07
Standards and assurances
50-06.5-08
Independent living services and programs
50-06.5-09
Duties of the designated state entity
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 50-10.1 - 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
Section
Section Name
50-10.3-01
Definitions
50-10.3-02
Scope
50-10.3-03
Access to long-term care facilities for essential caregivers
50-10.3-04
Additional safety requirements for residents of long-term care facilities
50-10.3-05
Suspension of access for essential caregivers
50-10.3-06
Liability
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 (Effective through December 31, 2025)
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 50-11.3 - 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 50-16 - 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 50-21 - 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 50-24.1 - 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 50-24.3 - 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
Section
Section Name
50-24.4-01
Definitions
50-24.4-01.1
Nursing home resident payment classifications ‑ Procedures for reconsideration
50-24.4-02
Authority
50-24.4-03
Federal requirements ‑ Supremacy
50-24.4-04
Payment rates
50-24.4-05
Requirements
50-24.4-06
Rate determination
50-24.4-07
Nonallowable costs
50-24.4-08
Notice of increases to private‑paying residents
50-24.4-09
Interim rates
50-24.4-10
Operating costs
50-24.4-11
Adjustment of historical operating costs
50-24.4-12
Avoiding detrimental effect on quality of care
50-24.4-13
Exclusion
50-24.4-14
General and administrative costs
50-24.4-15
Property‑related costs
50-24.4-16
Special rates
50-24.4-17
Adjustments and reconsideration procedures
50-24.4-18
Appeals
50-24.4-18.1
Rates pending reconsideration and appeal
50-24.4-19
Prohibited practices
50-24.4-19.1
Rates for private rooms ‑ Payments by a third party on behalf of medical assistance recipients
50-24.4-19.2
Residents with extraordinary needs
50-24.4-20
Temporary payments ‑ Correction orders
50-24.4-21
Termination
50-24.4-22
Exception
50-24.4-23
Reporting requirements
50-24.4-24
Incomplete or inaccurate reports
50-24.4-25
Extensions
50-24.4-26
False reports
50-24.4-27
Medicare certification
50-24.4-28
Implementation
50-24.4-29
Geropsychiatric facilities
50-24.4-30
Government nursing facility funding pool
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
Section
Section Name
50-24.6-01
Definitions
50-24.6-02
Drug use review board
50-24.6-03
Duties of the board
50-24.6-04
Prior authorization program ‑ Certification program
50-24.6-05
Public notice ‑ Applicability
50-24.6-06
Grievances
50-24.6-07
Appeals
50-24.6-08
Financial incentives prohibited
50-24.6-09
Maximum allowable costs and use of edits
50-24.6-10
Adoption of rules
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 50-25.1 - 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
Section
Section Name
50-25.3-01
Definitions
50-25.3-02
Visitation of a vulnerable adult by family members, friends, or clergy member
50-25.3-03
Petition for visitation
50-25.3-04
Expedited hearing
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
Section
Section Name
50-28-01
Definitions
50-28-02
Adoption assistance
50-28-03
Medical assistance
50-28-04
Compact administration
50-28-05
Joinder and withdrawal
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 50-35 - 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 51-01 - Uniform Sales Act [Repealed]
Chapter 51-02 - Bulk Sales Law [Repealed]
Chapter 51-03 - Hawkers and Peddlers [Repealed]
Title 51 - Sales and Exchanges
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 51-05.1 - Auctioneers' and Clerks' Licenses
Section
Section Name
51-05.1-01
Auctioneering or clerking ‑ Registration
51-05.1-01.1
Auctioneer's license ‑ Clerk's license ‑ Fees ‑ Bonds
51-05.1-01.2
Exemptions
51-05.1-02
License standards
51-05.1-02.1
Conviction not bar to licensure ‑ Exceptions
51-05.1-03
Investigation ‑ Grounds for refusal, suspension, or revocation of license ‑ Hearing on appeal
51-05.1-04
Definitions - Exceptions
51-05.1-04.1
Written contracts
51-05.1-04.2
Buyer's premium
51-05.1-05
Handling of funds by clerk of auction sale
51-05.1-06
License list
51-05.1-07
Penalty
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 51-08.1 - Uniform State Antitrust Act
Section
Section Name
51-08.1-01
Definitions
51-08.1-02
Contract, combination, or conspiracy to restrain or monopolize trade
51-08.1-03
Establishment, maintenance, or use of monopoly
51-08.1-04
Exclusions
51-08.1-05
Judicial jurisdiction
51-08.1-06
Official investigation
51-08.1-07
Civil penalty and injunctive enforcement by state
51-08.1-08
Damages and injunctive relief
51-08.1-09
Judgment in favor of state as prima facie evidence
51-08.1-10
Limitation of actions
51-08.1-11
Remedies cumulative
51-08.1-12
Rights, privileges, and immunities
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 51-12 - 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 51-16.1 - Pyramid Promotional and Referral Sales Schemes
Section
Section Name
51-16.1-01
Definitions
51-16.1-02
Pyramid promotional schemes prohibited ‑ Defenses excluded
51-16.1-03
Referral selling prohibited
51-16.1-04
Penalty ‑ Civil remedies
51-16.1-05
Scope of remedies
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
Section
Section Name
51-19-01
Short title
51-19-02
Definitions
51-19-03
Registration of offer
51-19-04
Exemptions
51-19-05
Exemption proceedings
51-19-06
Application for registration
51-19-07
Provisions applicable to registration generally
51-19-08
Prospectus requirements
51-19-09
Denial, suspension, or revocation of registration or exemption
51-19-10
Advertisement
51-19-11
Fraudulent and prohibited practices
51-19-12
Civil liability
51-19-13
Powers of the commissioner ‑ Civil penalty
51-19-14
Criminal penalties
51-19-15
Service of process
51-19-16
General provisions
51-19-17
Administration
51-19-18
Franchisor‑franchisee liability protection
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
Section
Section Name
51-23-01
Title
51-23-02
Definitions
51-23-03
Unlawful commodity transactions
51-23-04
Exempt person transactions
51-23-05
Exempt transactions
51-23-06
Unlawful commodity activities
51-23-07
Fraudulent conduct
51-23-08
Liability of principals, controlling persons, and others
51-23-09
Securities laws unaffected
51-23-10
Purpose
51-23-11
Investigations
51-23-12
Enforcement of chapter
51-23-13
Power of court to grant relief
51-23-14
Criminal penalties
51-23-15
Administration of chapter
51-23-16
Cooperation with other agencies
51-23-17
General authority to adopt rules, forms, and orders
51-23-18
Consent to service of process
51-23-19
Scope of this chapter
51-23-20
Procedure for entry of an order
51-23-21
Pleading exemptions
51-23-22
Affirmative defense
51-23-23
Remedies
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
Section
Section Name
51-25-01
Definitions
51-25-02
Requirements
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
Section
Section Name
51-35-01
Definitions
51-35-02
Records of purchase, trade, barter, or transaction required
51-35-03
Exemptions
51-35-04
Penalty
51-35-05
Registration
51-35-06
Catalytic converters
51-35-07
Catalytic converter theft ‑ Penalty
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
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 52-07.1 - 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 52-10 - 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
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
Section
Section Name
53-04.1-01
Definitions
53-04.1-02
Organizations eligible
53-04.1-03
License ‑ Fees ‑ Application ‑ Suspension ‑ Revocation
53-04.1-04
Amusement concessions
53-04.1-05
Permitted locations
53-04.1-06
Examination of books and records
53-04.1-07
Rules
53-04.1-08
Violation of chapter ‑ Misdemeanor ‑ Forfeiture of licensure ‑ Ineligibility for two years
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
Section
Section Name
53-05.1-01
Definition
53-05.1-02
Affidavit of inspection and insurance
53-05.1-03
Records required
53-05.1-04
Operator ‑ Requirements
53-05.1-05
Penalty ‑ Injunction
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 53-08 - 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
Section
Section Name
53-11-01
Definitions
53-11-02
Disclosures required
53-11-03
Prize award required
53-11-04
Exemptions
53-11-05
Penalty ‑ Remedies
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
Section
Section Name
54-02-01
Great seal ‑ Permitted uses ‑ Penalty for commercial use
54-02-02
State flag
54-02-03
State flower
54-02-04
State song
54-02-05
State tree
54-02-06
State bird
54-02-07
Theodore Roosevelt rough rider award
54-02-08
State fossil ‑ Teredo petrified wood
54-02-09
Adoption of North Dakota state march
54-02-10
State grass
54-02-11
State art museum
54-02-12
State beverage
54-02-13
English as official language
54-02-14
State railroad museum
54-02-15
Honorary equine
54-02-16
State dance
54-02-17
State fruit
54-02-18
State Latin motto
54-02-19
State insect
54-02-20
State sport
54-02-21
State rock
54-02-22
State vegetable
54-02-23
State waltz
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
Section
Section Name
54-03.1-01
Declaration of purpose
54-03.1-02
Time and place of meeting ‑ Who must attend
54-03.1-03
Agenda
54-03.1-04
Compensation for attending legislators
Chapter 54-03.2 - Conduct of Legislative Investigations
Section
Section Name
54-03.2-01
Establishment and purpose of code
54-03.2-02
Definitions
54-03.2-03
Establishment of investigating committees by legislative assembly
54-03.2-04
Adoption of rules
54-03.2-05
Finances and staff
54-03.2-06
Membership, quorum, and voting
54-03.2-07
Hearings
54-03.2-08
Issuance of subpoenas
54-03.2-09
Notice to witnesses
54-03.2-10
Conduct of hearings
54-03.2-11
Right to counsel and submission of questions
54-03.2-12
Testimony
54-03.2-13
Interested persons
54-03.2-14
Contempt
54-03.2-15
Penalties
54-03.2-16
Limitations of code
Chapter 54-03.3 - Compact for a Balanced Budget
Section
Section Name
54-03.3-01
Adoption of compact
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 (Effective through April 30, 2026)
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 54-14 - 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 54-16 - 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 54-17.2 - 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
Section
Section Name
54-17.7-01
North Dakota pipeline authority ‑ Legislative intent
54-17.7-02
Definitions
54-17.7-03
Pipeline authority purposes
54-17.7-04
Powers
54-17.7-05
Authority may act
54-17.7-06
Authority may participate upon request
54-17.7-07
Evidences of indebtedness
54-17.7-08
Public service commission jurisdiction and consultation
54-17.7-09
Bonds as legal investments
54-17.7-10
Disposal of pipeline facilities
54-17.7-11
Pipeline authority administrative fund ‑ Continuing appropriation
54-17.7-12
Access to authority records
54-17.7-13
Reporting requirements
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 54-21 - 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 54-21.2 - Energy Conservation Standards in New Building Construction
Section
Section Name
54-21.2-01
Intent
54-21.2-02
Scope
54-21.2-03
Energy conservation standards
54-21.2-03.1
Heating, ventilation, and air‑conditioning interoperability standards for public buildings
54-21.2-04
Inspections
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 54-23.3 - 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
Section
Section Name
54-23.4-01
Definitions
54-23.4-02
Award of compensation
54-23.4-03
No award paid to inmates
54-23.4-04
Powers and duties of the division
54-23.4-05
Restitution funds, gifts, grants, and bequests ‑ Restitution and gift fund
54-23.4-06
Application for compensation ‑ Awards ‑ Limitations on awards
54-23.4-07
Informal hearing ‑ Rehearing
54-23.4-08
Evidence of physical condition
54-23.4-09
Enforcement of division's orders
54-23.4-10
Award and payment of compensation
54-23.4-11
Attorney's fees
54-23.4-12
Subrogation ‑ Actions ‑ Allocation of expenses
54-23.4-13
Manner of payment ‑ Nonassignability and exemptions
54-23.4-14
Tentative awards
54-23.4-15
Reconsideration and review of decisions
54-23.4-16
Reports
54-23.4-17
Confidentiality of records
54-23.4-18
Filing false claim or false statements ‑ Penalty
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
Section
Section Name
54-24.1-01
Interstate Library Compact
54-24.1-02
Must comply with state and local laws
54-24.1-03
Definition
54-24.1-04
Entitled to state aid
54-24.1-05
Interstate library compact director ‑ Appointment ‑ Deputy
54-24.1-06
Duties of governor in case of withdrawal
Chapter 54-24.2 - State Aid to Public Libraries
Section
Section Name
54-24.2-01
Eligibility
54-24.2-02
Grant formula
54-24.2-02.1
Other public funds defined
54-24.2-02.2
Maintenance of local effort
54-24.2-02.3
Calculation of payment ‑ Expenditures
54-24.2-03
Incentive for local funding
54-24.2-04
Maintenance of local effort
54-24.2-05
Limitations
54-24.2-06
Use of funds ‑ Reporting
54-24.2-07
State aid to libraries ‑ Reimbursement
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 54-27 - 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 54-27.2 - 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 54-29 - 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 54-34 - 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 54-34.3 - 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
Section
Section Name
54-34.4-01
Division of tourism ‑ Director
54-34.4-02
Duties of director
54-34.4-03
State tourism policy
54-34.4-04
North Dakota motion picture development office ‑ Advisory board
54-34.4-05
Copyright and trademark
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 54-35.2 - State Advisory Commission on Intergovernmental Relations
Section
Section Name
54-35.2-01
Task force on intergovernmental issues ‑ Membership ‑ Meetings
54-35.2-02
Functions and duties
54-35.2-02.1
Local government efficiency planning grants
54-35.2-03
Staff services
54-35.2-04
Compensation and expenses
54-35.2-05
Reports
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 54-38 - 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 54-40 - 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
Section
Section Name
54-40.2-01
Definitions
54-40.2-02
Authorization to enter agreements ‑ General contents
54-40.2-03
Specifications of agreement
54-40.2-03.1
Agreement ‑ Notice
54-40.2-03.2
Public hearing ‑ Notice
54-40.2-04
Approval of agreement by governor and tribes - Approval by legislative assembly for tax collection agreements
54-40.2-05
Filing of agreement
54-40.2-05.1
Review of agreement ‑ Report
54-40.2-06
Revocation of agreement
54-40.2-07
Authorization to appropriate funds for purpose of agreement
54-40.2-08
Specific limitations on agreements
54-40.2-09
Validity of existing agreements
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
Section
Section Name
54-40.5-01
Purpose
54-40.5-02
Definitions
54-40.5-03
Transfer of powers or functions to the county
54-40.5-04
Revocation of 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 54-44 - 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 54-44.3 - 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
Section
Section Name
54-44.6-01
Declaration of legislative intent
54-44.6-02
Definitions
54-44.6-03
State forms manager
54-44.6-04
Duties of manager
54-44.6-05
Duties of agencies
54-44.6-06
Forms review
54-44.6-07
Assistance to legislative and judicial branches
54-44.6-08
Rules
Chapter 54-44.7 - Architect, Engineer, and Land Surveying Services
Section
Section Name
54-44.7-01
Definition
54-44.7-02
Applicability ‑ Policy
54-44.7-03
Procurement procedures
54-44.7-04
Exception
54-44.7-05
Splitting projects or services contracts prohibited
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 54-51 - 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 (Effective through December 31, 2025)
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
Section
Section Name
54-52.4-01
Definitions
54-52.4-02
Family leave
54-52.4-03
Use of other available leave for bereavement of child or care of parent, spouse, or child
54-52.4-04
Notice to employer
54-52.4-05
Certification for leave to care for child, spouse, parent, or employee's serious health condition
54-52.4-06
Continued health coverage
54-52.4-07
Position upon return from leave
54-52.4-08
Prohibited acts ‑ Individual remedies
54-52.4-09
Scope
54-52.4-10
Application
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
Section
Section Name
54-52.6-01
Definition of terms
54-52.6-02
Election through December 31, 2024
54-52.6-02.1
Participation in defined contribution retirement plan
54-52.6-02.2
Election after December 31, 2024 ‑ Additional employer contribution (Retroactive application - See note)
54-52.6-03
Transfer of accumulated fund balances
54-52.6-03.1
Changes to election
54-52.6-04
Administration
54-52.6-05
Direction of investments
54-52.6-05.1
Annuity provider ‑ Qualifications
54-52.6-06
Administrative expenses ‑ Continuing appropriation
54-52.6-07
Participation in other plans
54-52.6-08
Credit of transfers
54-52.6-09
Contributions ‑ Penalty
54-52.6-09.1
Acceptance of rollovers
54-52.6-09.2
Additional employer contributions
54-52.6-09.3
Contributions for military service
54-52.6-09.4
Military service under the Uniformed Services Employment and Reemployment Rights Act ‑ Member retirement credit
54-52.6-09.5
Employer contribution for defined benefit plan (Effective after December 31, 2025)
54-52.6-09.6
Participation by temporary employees
54-52.6-10
Vesting
54-52.6-11
Refund beneficiaries
54-52.6-12
Qualified domestic relations orders
54-52.6-13
Distributions
54-52.6-14
Disability benefits
54-52.6-15
Board to provide information
54-52.6-16
State income tax deductions
54-52.6-17
Exemption from state premium tax
54-52.6-18
Savings clause
54-52.6-19
Overpayments
54-52.6-20
Correction of records
54-52.6-21
Internal Revenue Code compliance
54-52.6-22
Report to employee benefits programs committee
54-52.6-23
Savings clause ‑ Plan modification
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 54-57 - 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 54-60.2 - 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 54-61 - Commission on Legal Counsel for Indigents
Section
Section Name
54-61-01
Commission on legal counsel for indigents ‑ Membership (Effective through December 31, 2025)
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 54-66 - 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 (Repealed effective April 1, 2026)
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 (Effective after March 31, 2026)
54-68-09
Immunity
54-68-10
Authority - Appeals ‑ Applicability (Effective after March 31, 2026)
54-68-11
Attorney general - Counsel - Bureau of criminal investigation - Primary authority for investigations (Effective after March 31, 2026)
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
Section
Section Name
55-02.1-01
Archival resources defined
55-02.1-02
State archivist ‑ Compensation
55-02.1-03
Duties of state archivist
55-02.1-04
Authority of state archivist concerning records from private sources
55-02.1-05
Depositories of archival resources
55-02.1-06
Receipts for archival resources
55-02.1-07
Safeguarding of restricted records
55-02.1-08
Availability of archival resources to the public
55-02.1-09
Adoption of rules
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 55-08 - 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 55-10 - 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 (Effective for taxable years through December 31, 2025)
57-02-01.1
Certification of assessors
57-02-01.2
Primary residence certification - Eligibility for primary residential property classification - Application (Effective for taxable years beginning after December 31, 2025)
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 (Effective for taxable years through December 31, 2025)
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 ‑ Application (Effective for the first taxable year beginning after December 31, 2024) (Retroactive application - See note)
57-02-08.10
Primary residence credit ‑ Certification ‑ Distribution (Effective through May 31, 2026)
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 (Effective for taxable years through December 31, 2025)
57-02-27.1
Property to be valued at true and full value (Effective for taxable years through December 31, 2025)
57-02-27.2
Valuation and assessment of agricultural lands (Effective for taxable years through December 31, 2025)
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
Section
Section Name
57-02.1-01
Definition
57-02.1-02
Imposition of payments
57-02.1-03
Assessment of property ‑ Notice of county auditors
57-02.1-04
Appearance before state board of equalization
57-02.1-05
Computation of payment ‑ Remittance to counties
57-02.1-06
Allocation of revenue within counties
57-02.1-07
Effective date
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
Section
Section Name
57-02.3-01
Definition
57-02.3-02
Imposition of in lieu of tax payments
57-02.3-03
Assessment of property ‑ Notice to county auditors
57-02.3-04
Appearance before state board of equalization
57-02.3-05
Computation of payment ‑ Remittance to counties
57-02.3-06
Allocation of revenue within counties
57-02.3-07
Appropriation
Chapter 57-02.4 - Crew Housing Permit Fees
Section
Section Name
57-02.4-01
Definitions
57-02.4-02
Crew housing permit fees - Fee revenue sharing with other taxing districts
57-02.4-03
Exemptions
57-02.4-04
Reporting requirement
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 57-11 - 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 57-12 - 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 57-19 - 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 57-25 - 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 57-28 - 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 57-32 - 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 57-33.2 - 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
Section
Section Name
57-34.1-01
Definitions
57-34.1-02
Application
57-34.1-03
Sourcing rules for mobile telecommunications services
57-34.1-04
Electronic database
57-34.1-05
Customer's procedures and remedies for correcting taxes and fees
57-34.1-06
Nonseverability
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 57-37.1 - 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 (Effective for taxable years through December 31, 2025)
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 (Effective through December 31, 2025)
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
Section
Section Name
57-38.1-01
Definitions
57-38.1-02
Taxpayers ‑ Applicability
57-38.1-03
Nonresident taxpayer
57-38.1-04
Certain items ‑ Allocation
57-38.1-05
Rents and royalties
57-38.1-06
Property ‑ Capital gains and losses
57-38.1-07
Interest and dividends
57-38.1-08
Patents and copyrights
57-38.1-09
Business income
57-38.1-10
Property factor
57-38.1-11
Property owned and rented
57-38.1-12
Average value of property
57-38.1-13
Payroll factor
57-38.1-14
Compensation
57-38.1-15
Sales factor
57-38.1-16
Local tangible personal property sales
57-38.1-17
Other sales
57-38.1-17.1
Gain or loss on the sale of a partnership
57-38.1-17.2
Taxation of two or more member limited liability companies
57-38.1-17.3
Taxation of single‑member limited liability companies
57-38.1-18
Additional methods of determining business situs
57-38.1-19
Purpose
57-38.1-20
Citation
57-38.1-21
Effective date
Chapter 57-38.3 - Setoff of Income Tax Refund
Section
Section Name
57-38.3-01
Legislative intent ‑ Liberal construction
57-38.3-02
Definitions
57-38.3-03
Remedy additional
57-38.3-04
Collection of debts through setoff
57-38.3-05
Procedure ‑ Notification of taxpayer
57-38.3-06
Hearing procedure
57-38.3-07
Finalization
57-38.3-08
Confidentiality exemption ‑ Nondisclosure
57-38.3-09
Effect
57-38.3-10
Priority of claims
Chapter 57-38.4 - Water's Edge Method Election
Section
Section Name
57-38.4-01
Definitions
57-38.4-02
Water's edge election
57-38.4-03
Conditions imposed by tax commissioner
57-38.4-04
Presumptions and burden of proof
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 57-39.2 - 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 57-39.4 - Streamlined Sales and Use Tax Agreement
Section
Section Name
57-39.4-01
Adoption of streamlined sales and use tax agreement
57-39.4-02
(301) State level administration
57-39.4-03
(302) State and local tax bases
57-39.4-04
(303) Seller registration
57-39.4-05
(304) Notice for state tax changes
57-39.4-06
(305) Local rate and boundary changes
57-39.4-07
(306) Relief from certain liability
57-39.4-08
(307) Database requirements and exceptions
57-39.4-09
(308) State and local tax rates
57-39.4-10
(309) Application of general sourcing rules and exclusions from the rules
57-39.4-11
(310) General sourcing rules
57-39.4-11.1
(310.1) Election for origin‑based sourcing
57-39.4-12
(311) General sourcing definitions
57-39.4-13
(312) Multiple points of use
57-39.4-14
(313) Direct mail sourcing
57-39.4-14.1
(313.1) Election for origin‑based direct mail sourcing
57-39.4-15
(314) Telecommunications sourcing
57-39.4-16
(315) Telecommunications sourcing definitions
57-39.4-17
(316) Enactment of exemptions
57-39.4-18
(317) Administration of exemptions
57-39.4-19
(318) Uniform tax returns
57-39.4-20
(319) Uniform rules for remittance of funds
57-39.4-21
(320) Uniform rules for recovery of bad debts
57-39.4-22
(321) Confidentiality and privacy protections under model 1
57-39.4-23
(322) Sales tax holidays
57-39.4-24
(323) Caps and thresholds
57-39.4-25
(324) Rounding
57-39.4-26
(325) Customer refund procedures
57-39.4-27
(326) Direct pay permits
57-39.4-28
(327) Library of definitions
57-39.4-29
(328) Taxability matrix
57-39.4-30
(329) Effective date for rate changes
57-39.4-31
Membership of streamlined sales tax governing board
57-39.4-32
(330) Bundled transactions
57-39.4-33
(331) Relief from certain liability for purchasers
57-39.4-33.1
(332) Specified digital products
57-39.4-33.2
(333) Use of specified digital products
57-39.4-33.3
(334) Replacement tax prohibited
57-39.4-33.4
(335) Tax administration practices
57-39.4-34
(501) Certification of service providers and automated systems
57-39.4-35
(502) State review and approval of certified automated system software and certain liability relief
Chapter 57-39.5 - Farm Machinery Gross Receipts Tax
Section
Section Name
57-39.5-01
Definitions
57-39.5-01.1
Trade‑in deduction
57-39.5-02
Imposition - Transfer of funds ‑ Exemptions
57-39.5-03
Replacement of insured machinery credit
57-39.5-04
Administration
57-39.5-05
Use tax and credit for taxes paid
57-39.5-06
Payment of tax under lease agreement
Chapter 57-39.6 - Alcoholic Beverage Gross Receipts Tax
Section
Section Name
57-39.6-01
Definitions
57-39.6-02
Gross receipts tax on alcoholic beverages ‑ Exemption
57-39.6-03
Gross receipts tax inclusion in purchase price
57-39.6-04
Administration
57-39.6-05
Use tax and credit for taxes paid
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 57-40.2 - 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
Section
Section Name
57-40.4-01
Motor vehicle excise tax refunds ‑ Three‑year limitation
57-40.4-01.1
Refund of tax on returned vehicles
57-40.4-02
Procedure for refunding
57-40.4-03
Appropriation
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 57-43.1 - 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
Section
Section Name
57-44-01
When levy may be made
57-44-02
Notice of levy to be given
57-44-03
How tax computed and spread
57-44-04
Taxes spread on records
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 57-47 - 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 57-51 - 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
Section
Section Name
57-51.2-01
Authority to enter agreements
57-51.2-02
Agreement requirements
57-51.2-03
Statutory inconsistencies superseded
57-51.2-04
Reports
57-51.2-05
Inapplicability of chapter 54‑40.2
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 57-57 - 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 57-59 - 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
Section
Section Name
57-63-01
Definitions
57-63-02
Imposition of assessment
57-63-03
Basis of assessment
57-63-04
Reports ‑ Extension
57-63-05
Payment of assessment
57-63-06
Penalties ‑ Offenses
57-63-07
Records required
57-63-08
Officer and manager liability
57-63-09
Commissioner to administer chapter
57-63-10
Lien of assessment ‑ Collection ‑ Action authorized
57-63-11
Commissioner may require bond
57-63-12
Correction of errors
57-63-13
Provider assessment fund
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
Section
Section Name
58-05.1-01
Definitions
58-05.1-02
Consolidation of township officers ‑ Petition ‑ Membership
58-05.1-03
Submission of consolidation plan to electors
58-05.1-04
Equalization of assets and liabilities of townships
58-05.1-05
Settlement of disagreement
58-05.1-06
Transition board
58-05.1-07
Multitownship board ‑ Election
58-05.1-08
General township laws applicable
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 58-11 - 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 58-16 - 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
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]
Title 59 - Trusts, Uses, and Powers
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 59-08 - 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
Section
Section Name
59-09-01
(101) Short title
59-09-02
(102) Scope
59-09-03
(103) Definitions
59-09-04
(104) Knowledge
59-09-04.1
Settlor's capacity
59-09-05
(105) Default and mandatory rules
59-09-06
(106) Common law of trusts ‑ Principles of equity
59-09-07
(107) Governing law
59-09-08
(108) Principal place of administration
59-09-09
(109) Methods and waiver of notice
59-09-10
(110) Others treated as qualified beneficiaries
59-09-11
(111) Nonjudicial settlement agreements
59-09-12
(112) Rules of construction
59-09-13
Insurable interest of trustee
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
Section
Section Name
59-10.1-01
Declaratory judgment
59-10.1-02
Parties - Process
59-10.1-03
Limitation of action
59-10.1-04
Findings
59-10.1-05
Distributions by trustee ‑ Return of distribution determined to be invalid
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
Section
Section Name
59-16.1-01
Consistency with power of attorney provisions
59-16.1-02
Definitions
59-16.1-03
Power of appointment
59-16.1-04
Authorized trustee with unlimited discretion
59-16.1-05
Authorized trustee without unlimited discretion
59-16.1-06
Special power of appointment
59-16.1-07
Term of appointed trust
59-16.1-08
Unlimited discretion governs
59-16.1-09
Current need to invade principal
59-16.1-10
Fiduciary duty
59-16.1-11
Subsequently discovered assets
59-16.1-12
Requirements for exercise of power to appoint - Notice
59-16.1-13
Rights of trustee
59-16.1-14
No duty to exercise a power to invade
59-16.1-15
Power clarified
59-16.1-16
Prohibitions
59-16.1-17
Compensation - Commissions
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 60-06 - 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
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
Section
Section Name
61-16.2-01
Legislative intent and purpose
61-16.2-02
Definitions
61-16.2-03
Duties of the department
61-16.2-04
Delineation of floodplains and floodways
61-16.2-05
Floodplain management ordinances
61-16.2-06
Permissible floodway uses
61-16.2-07
Prohibited uses within floodway
61-16.2-08
Community standards ‑ Permissible uses within flood fringe
61-16.2-09
Enforcement and penalties
61-16.2-10
Exceptions
61-16.2-11
Authority to enter and investigate lands or waters
61-16.2-12
State property
61-16.2-13
Flood insurance
61-16.2-14
Department review of development in regulatory floodways ‑ Exceptions
61-16.2-15
Central repository ‑ Floodplain management authority ‑ Accessible to the public
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 61-23 - 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 61-24.3 - 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 61-24.5 - 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 61-26 - 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 61-28 - Control, Prevention, and Abatement of Pollution of Surface Waters
Section
Section Name
61-28-01
Statement of policy
61-28-02
Definitions
61-28-03
State water pollution prevention agency ‑ Board
61-28-04
Powers and duties
61-28-04.1
Septic system servicing - Permit required - Inspection authority - Fees
61-28-05
Rules and standards
61-28-06
Prohibitions
61-28-06.1
Fees ‑ Deposit in operating fund
61-28-07
Proceedings
61-28-08
Penalties ‑ Injunctions
61-28-09
Water transfers used to control flooding exempt
Chapter 61-28.1 - Safe Drinking Water Act
Section
Section Name
61-28.1-01
Declaration of public policy and legislative intent
61-28.1-02
Definitions
61-28.1-03
Powers and duties of department
61-28.1-04
Approval of water systems
61-28.1-05
Variances and exemptions
61-28.1-06
Right of onsite inspection
61-28.1-07
Certification of laboratories
61-28.1-08
Administrative procedure and judicial review
61-28.1-09
Injunction proceedings
61-28.1-10
Enforcement ‑ Penalties ‑ Injunction
61-28.1-11
Drinking water treatment revolving loan fund ‑ Purposes ‑ Establishment
61-28.1-12
Department ‑ Powers and duties ‑ Administration
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
Section
Section Name
61-29-01
Short title
61-29-02
Intent
61-29-03
Definitions
61-29-04
Administration
61-29-05
Powers and duties of commission
61-29-06
Management
Chapter 61-31 - Waterbank Program
Section
Section Name
61-31-01
Rulemaking authority
61-31-02
Definitions
61-31-03
Waterbank agreements
61-31-04
Duties of landowner
61-31-05
Duties of commissioner
61-31-06
Renewal of agreement ‑ Transfer of lands
61-31-07
Termination of agreement
61-31-08
Conservation and development practices
61-31-09
Drainage of wetlands
61-31-10
Authorization for receipt of funds ‑ Continuing appropriation
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 61-37 - 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
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]
Title 63 - Weeds
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
Section
Section Name
64-01-01
Dry measure
64-01-02
Liquid measure
64-01-03
Lineal measure
64-01-04
Hundredweight
64-01-05
Standard weight of bushel
64-01-06
Ton of hay ‑ Cubic measure
64-01-07
Standard measurement of wood
64-01-08
Standard weight of coal, charcoal, and ice
64-01-09
Standard weight of flour
64-01-10
Perch of stone
64-01-11
Fractional parts 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
The text of the North Dakota Century Code published on this website is the official version of the North Dakota Century Code and may vary from any printed or online versions of the North Dakota Century Code available from private publishers.
07/01/25 UPDATE: All statutory changes approved by the 69th Legislative Assembly are now reflected on this website regardless of the statute becoming effective earlier than July 1, due to an emergency clause, or on August 1, due to operation of law.
Statutes with an expiration date or effective date beginning after August 1 are noted in the parenthetical in the caption of the statute.
The table of contents below lists each title of the Century Code. Clicking on a title will lead you to the chapters within that title. Clicking on a chapter will lead you to the sections within that chapter.
To copy Century Code text into a word processing document:
(1) select the text you wish to copy;
(2) right mouse click and select copy (or use Ctrl + c on your keyboard);
then (3) right mouse click and select paste (or use Ctrl + v on your keyboard) to paste the text into a word processing document.