23.0171.01000
Sixty-eighth
Legislative Assembly HOUSE BILL NO. 1038
of North Dakota
Introduced by
Legislative Management
(Judiciary Committee)
1 A BILL for an Act to create and enact a new subdivision to subsection 1 of section 27-20.2-21 of
2 the North Dakota Century Code, relating to technical corrections and improper, inaccurate,
3 redundant, missing, or obsolete references; and to amend and reenact subsection 1 of section
4 15-08-19.2, subsection 5 of section 15-08-19.3, section 15-11-37, subsections 24 and 34 of
5 section 26.1-05-19, subsection 7 of section 26.1-17-33.1, subsection 6 of section 32-19-41,
6 section 39-06-32, subsection 4 of section 39-06-33, subdivision i of subsection 2 of section
7 39-06-49, subsection 5 of section 39-06.1-11, sections 40-34-13, 40-35-02, 54-21.3-05,
8 57-15-06, and 57-15-08, and subsection 6 of section 61-32-03.1 of the North Dakota Century
9 Code, relating to technical corrections and improper, inaccurate, redundant, missing, or
10 obsolete references.
11 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
12 SECTION 1. AMENDMENT. Subsection 1 of section 15-08-19.2 of the North Dakota
13 Century Code is amended and reenacted as follows:
14 1. Nonvehicular public access to leased and unleased trust lands is allowed if in the best
15 interests of the trusts, unless:
16 a. Specifically prohibited by the commissioner of university and school lands; or
17 b. A lessee of any lands under the control of the board of university and school
18 lands posts the land with signage issued by the department of trust lands, which:
19 (1) Requires notification to the lessee before entry by the public; or
20 (2) Closes the trust lands to all public access.
21 SECTION 2. AMENDMENT. Subsection 5 of section 15-08-19.3 of the North Dakota
22 Century Code is amended and reenacted as follows:
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1 5. When hunting under a special permit issued by the director of the game and fish
2 department to shoot from a stationary vehicle and with written permission from the
3 lessee and commissioner of university and school lands.
4 SECTION 3. AMENDMENT. Section 15-11-37 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 15-11-37. Acceptance of gifts by dean of medical schooluniversity of North Dakota
7 school of medicine and health sciences - Continuing appropriation.
8 Notwithstanding any other provisions of law, the dean of the university of North Dakota
9 medical school of medicine and health sciences may accept and receive gifts, grants, bequests,
10 and donations that are hereby appropriated for use by the university of North Dakota medical
11 school of medicine and health sciences.
12 SECTION 4. AMENDMENT. Subsection 24 of section 26.1-05-19 of the North Dakota
13 Century Code is amended and reenacted as follows:
14 24. First mortgage bonds on improved city real estate in any state, issued by a corporation
15 duly incorporated under the laws of any state of the United States, if the loans on the
16 real estate are made in accordance with the requirements as to first mortgage loans in
17 subsection 2423.
18 SECTION 5. AMENDMENT. Subsection 34 of section 26.1-05-19 of the North Dakota
19 Century Code is amended and reenacted as follows:
20 34. Foreign investments of substantially the same types as those permitted under
21 subsections 19 and 20 and 21,.
22 a. Under this subsection, a foreign investment is subject to the following restrictions
23 and limitations:
24 a. (1) Foreign investments issued, assumed, guaranteed, or insured by a single
25 person may not exceed three percent of the insurance company's admitted
26 assets.
27 b. (2) Foreign investments in a single foreign jurisdiction may not exceed in the
28 aggregate ten percent of the insurance company's admitted assets as to a
29 foreign jurisdiction that has a sovereign debt rating of one as determined by
30 the securities valuation office of the national association of insurance
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1 commissioners or three percent of the insurance company's admitted assets
2 as to any other foreign jurisdiction.
3 c. (3) Foreign investments may not exceed in the aggregate twenty percent of the
4 insurance company's admitted assets.
5 b. Investments acquired under this subsection shallmust be aggregated with
6 investments of the same type made under subsection 2120 for purposes of
7 determining compliance with the limitations contained in that subsection.
8 c. For purposes of this subsection, a foreign investment means an investment in a
9 foreign jurisdiction or an investment in a legal entity domiciled in a foreign
10 jurisdiction. A foreign jurisdiction is any jurisdiction other than the United States,
11 any state or possession of the United States, Canada, or any province of
12 Canada.
13 SECTION 6. AMENDMENT. Subsection 7 of section 26.1-17-33.1 of the North Dakota
14 Century Code is amended and reenacted as follows:
15 7. A nonprofit mutual insurance company may avail itself of the additional investment
16 authority under chapter 26.1-10. Upon approval by the commissioner after a showing
17 of good cause by the nonprofit mutual insurance company, aggregate investments in
18 all subsidiaries of the company under subsection 2120 of section 26.1-05-19 and
19 under chapter 26.1-10 may exceed an amount equal to twenty-five percent of the
20 company's admitted assets.
21 SECTION 7. A new subdivision to subsection 1 of section 27-20.2-21 of the North Dakota
22 Century Code is created and enacted as follows:
23 The information technology department to the extent authorized by the supreme
24 court for use in the statewide longitudinal data system.
25 SECTION 8. AMENDMENT. Subsection 6 of section 32-19-41 of the North Dakota Century
26 Code is amended and reenacted as follows:
27 6. If the record title owner cannot be located, any remainder from the proceeds of a sale
28 must be delivered to the administrator of the state abandoned property office in
29 accordance with chapter 47-30.147-30.2.
30 SECTION 9. AMENDMENT. Section 39-06-32 of the North Dakota Century Code is
31 amended and reenacted as follows:
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1 39-06-32. Authority to suspend licenses.
2 1. The director may suspend the operator's license of an individual, after hearing, upon
3 proof by a fair preponderance of the evidence, that any of the following apply to the licensee:
4 a.1. Commission of an offense for which mandatory revocation of license is required
5 upon conviction.
6 b.2. Incompetence to drive a motor vehicle.
7 c.3. Unlawful or fraudulent use of an operator's license.
8 d.4. Refusal to submit to an implied consent chemical test on an Indian reservation or
9 in another state. For purposes of this subsection, the specific requirements for
10 establishing a refusal used on the Indian reservation or in the other state may not
11 be considered, and photostatic copies of the records of the other jurisdiction's
12 driver's licensing authority are sufficient evidence of the refusal whether those
13 copies are certified. The suspension must be for the same length of time as the
14 revocation in section 39-20-04. If the refusal arose out of an arrest or stop of an
15 individual while operating a commercial motor vehicle, the period of suspension
16 must be the same as the period of revocation provided in section 39-06.2-10.
17 2.5. Failure, as shown by the certificate of the court, to pay a fine or serve any other
18 sentence as ordered by a court upon conviction for any criminal traffic offense.
19 3.6. Failure, as shown by the certificate of the court, to appear in court or post and forfeit
20 bond after signing a promise to appear, if signing is required by law, in violation of
21 section 39-06.1-04, willful violation of a written promise to appear in court, in violation
22 of section 39-07-08, or violation of equivalent ordinances or laws in another
23 jurisdiction. Upon resolution by the operator of the underlying cause for a suspension
24 under this subsection, as shown by the certificate of the court, the director shall record
25 the suspension separately on the driving record. This separate record is not available
26 to the public.
27 4.7. An administrative decision on an Indian reservation or in another state that the
28 licensee's privilege to drive on that Indian reservation or in that state is suspended or
29 revoked because of a violation of that Indian reservation's or state's law forbidding
30 motor vehicle operation with an alcohol concentration of at least eight one-hundredths
31 of one percent by weight or, with respect to a person under twenty-one years of age,
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1 an alcohol concentration of at least two one-hundredths of one percent by weight, or
2 because of a violation of that Indian reservation's or state's law forbidding the driving
3 or being in actual physical control of a commercial motor vehicle while having an
4 alcohol concentration of at least four one-hundredths of one percent by weight. The
5 specific requirements for establishing the violation on the Indian reservation or in the
6 other state may not be considered and certified copies of the records of the Indian
7 reservation's or other state's driver's licensing authority are sufficient evidence of the
8 violation. The suspension must be for the same duration as the suspension in section
9 39-20-04.1, if the violation does not involve a commercial motor vehicle. If the violation
10 involves a commercial motor vehicle, the period of suspension must be the same as
11 the period of suspension provided in section 39-06.2-10. For purposes of this section,
12 originals, photostatic copies, or electronic transmissions of the records of the driver's
13 licensing or other authority of the other jurisdiction are sufficient evidence whether they
14 are certified copies.
15 5.8. Conviction of an offense under this title and it appears from the director's records that
16 the offense contributed to causing an accident which resulted in death or serious
17 personal injury or serious property damage. A suspension may not be imposed if the
18 individual has been sanctioned for the same offense under section 39-06-31.
19 SECTION 10. AMENDMENT. Subsection 4 of section 39-06-33 of the North Dakota
20 Century Code is amended and reenacted as follows:
21 4. If a suspension is ordered under subdivision b of subsection 12 of section 39-06-32,
22 the notice must include a specific description of the conditions which led to the
23 conclusion that the licensee is incompetent to drive a motor vehicle. If during the
24 suspension those conditions dissipate, the licensee may request another hearing on
25 the issue of competence to drive a motor vehicle. The hearing must be held in the
26 manner required under subsections 2 and 3 for the original suspension.
27 SECTION 11. AMENDMENT. Subdivision i of subsection 2 of section 39-06-49 of the North
28 Dakota Century Code is amended and reenacted as follows:
29 i. Reinstatement after suspension is fifty dollars unless the suspension was the
30 result of a suspension under subsection 3, 4, or 6 of section 39-06-03 or
31 subdivision b of subsection 12 of section 39-06-32, then the fee is twenty-five
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1 dollars, or unless the suspension was a result of a violation under section
2 39-08-01 or chapter 39-20, then the fee is one hundred dollars.
3 SECTION 12. AMENDMENT. Subsection 5 of section 39-06.1-11 of the North Dakota
4 Century Code is amended and reenacted as follows:
5 5. The director may not issue a temporary restricted license for a period of license
6 revocation or suspension imposed under section 39-06-31. A temporary restricted
7 license may be issued for suspensions ordered under subsection 47 of section
8 39-06-32 if it could have been issued had the suspension resulted from in-state
9 conduct.
10 SECTION 13. AMENDMENT. Section 40-34-13 of the North Dakota Century Code is
11 amended and reenacted as follows:
12 40-34-13. Residue of money remaining after payment of bonds - Disposal.
13 After the principal and interest on the bonds secured by a first mortgage or deed of trust on
14 an improvement as provided in this chapter have been fully paid, as the governing body of the
15 municipality or the respective governing bodies of the municipalities may direct by resolution,
16 the revenues of such utility and improvement set apart for the payment of such bonds may be:
17 1. Used for the repair, improvement, or extension of such utility or improvement;
18 2. Credited to the interest and sinking fund established for the retirement and payment of
19 the general liability bonds; or
20 3. Transferred to the general fund,
21 as the governing body of the municipality or the respective governing bodies of the
22 municipalities may direct by resolution.
23 SECTION 14. AMENDMENT. Section 40-35-02 of the North Dakota Century Code is
24 amended and reenacted as follows:
25 40-35-02. Undertaking defined.
26 The term "undertaking", as used in this chapter, unless a different meaning clearly appears
27 from the context, means:
28 1. Means systems, plants, works, instrumentalities, and properties used in
29 revenue-producing undertakings, or any combination of two or more of such
30 undertakings, which are used or useful in connection with:
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1 1. a. The obtaining of a water supply and the conservation, treatment, distribution, and
2 disposal of water for public and private uses;
3 2. b. The collection, treatment, and disposal of sewage, waste, and storm water;
4 3. c. The generation, production, transmission, and distribution of natural, artificial, or
5 mixed gas, or electric energy, for lighting, heating, and power for public and
6 private uses;
7 4. d. The operation of parking lots, trailer courts, and facilities for motor vehicles and
8 house trailers;
9 5. e. The purchase, acquisition, or establishment, maintenance, and operation of a
10 public transportation system;
11 6. f. The purchase, acquisition, construction, establishment, maintenance, and
12 operation of an airport and the facilities and services in connection therewith; and
13 7. g. The purchase, acquisition, construction, maintenance, and operation of a
14 hospital;
15 together withand
16 2. Includes all parts of any such undertaking and all appurtenances theretoto the
17 undertakings, including lands, easements, rights in land, water rights, contract rights,
18 franchises, approaches, dams, reservoirs, generating stations, sewage disposal
19 plants, intercepting sewers, trunk connections, other sewer and water mains, filtration
20 works, pumping stations, and equipment, and facilities in and upon such buildings and
21 lands.
22 SECTION 15. AMENDMENT. Section 54-21.3-05 of the North Dakota Century Code is
23 amended and reenacted as follows:
24 54-21.3-05. Enforcement of code by city, township, or county - Relinquishment.
25 A city or township may administer and enforce the state building code only within its
26 jurisdictional area. A county may administer and enforce the state building code within those
27 areas of the county in which the state building code is not administered by a city or township.
28 Cities and townships may relinquish their authority to administer and enforce the state building
29 code to the county in which they are located in the manner provided by section
30 11-33-2054-40.5-03. The governing body of a city, township, or county electing to administer
31 and enforce the state building code may designate an enforcement agency. Cities, townships,
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1 and counties ma