Bill Summary – FastDemocracy

8068.01000
     Sixty-eighth
     Legislative Assembly                    SENATE BILL NO. 2054
     of North Dakota
     Introduced by
       Transportation Committee
       (At the request of the Highway Patrol)
  A BILL for an Act to amend and reenact sections 39-03-09 and 54-21-17.1 of the North Dakota
  Century Code, relating to powers of the highway patrol.
  BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
      SECTION 1. AMENDMENT. Section 39-03-09 of the North Dakota Century Code is
  amended and reenacted as follows:
      39-03-09. Powers of highway patrol.
      The superintendent and each member of the highway patrol shall have the power:
      1.   Of a peace officer for the purpose of enforcing the provisions of this title relating to
           operators' licenses, the provisions of title 24 relating to highways, and of any other law
          regulating the operation of vehicles or the use of the highways, and in addition the
          highway patrol shall enforce all laws relating to the use or presence of alcoholic
          beverages in motor vehicles.
     2.   To make arrests upon view and without warrant for any violation committed in the
          person's presence of any of the provisions of this title relating to operators' licenses, or
          of title 24 relating to highways or to other laws regulating the operation of vehicles or
          the use of the highways.
     3.   To direct traffic in conformance with law, or, in case of fire or emergency and to
          expedite traffic, or, to ensure safety by directing traffic as conditions may require
          notwithstanding the provisions of law.
     4.   To facilitate compliance with the provisions of this title, to require the driver of a vehicle
          to stop and exhibit the driver's operator's license and the registration cards issued for
          the vehicle, if any are required, and to submit to an inspection and test of the
          equipment of such vehicle.
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      5.   For the purpose of locating stolen vehicles and to investigate the title and registration
           thereof, to inspect any vehicle of a type required to be registered under the provisions
           of this title, in any public garage or repair shop, or in any place where such vehicles
           are held for sale or wrecking.
      6.   To serve all warrants relating to the enforcement of the laws regulating the operation of
           vehicles or the use of the highways.
      7.   To investigate traffic accidentscrashes and secure testimony of witnesses or of
           persons involved.
      8.   To investigate reported thefts of motor vehicles, trailers, or semitrailers.
     9.   To take applications for operators' licenses without making a charge therefor.
    10.   To enforce all laws, rules, or regulations of the state of North Dakota pertaining to the
          closing hours of all businesses or establishments selling alcoholic beverages outside
          the limits of incorporated cities of this state.
    11.   To exercise general police powersOf a peace officer over all violations of law
          committed on state owned or leased property.
    12.   To exercise general police powersOf a peace officer over all violations of law
          committed in their presence or when in pursuit of any actual or suspected law violator.
    13.   To require a motor carrier owner, or a motor carrier's agent, affected by rules adopted
          under chapter 39-21 to produce logs or other documents to determine compliance with
          rules adopted under chapter 39-21.
    14.   To provideOf a peace officer when providing security and protection for the governor,
          the governor's immediate family, and other officers next in order of succession to the
          office of governor to the extent and in a manner the governor and the superintendent
          deemas deemed adequate and appropriate by the superintendent.
    15.   To provideOf a peace officer when providing security and protection for both
          housesmembers of the legislative assembly while in session as in the opinion of the
          speaker of the house, the president of the senate, and the superintendent areas
          deemed adequate and appropriate by the superintendent.
    16.   Of a peace officer when responding to a call for emergency assistance requiring an
          immediate response. Following a call for emergency assistance which occurs outside
          state-owned or state-leased property, a highway, or the highway right of way,
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           notification must be provided to the local law enforcement agency having primary
           jurisdiction.
     17.   To promote public trust and an understanding of law enforcement through education,
           community outreach, and job shadowing programs.
     18.   To exercise general police powersOf a peace officer over any violation of law
           committed on public or private property when requested by another law enforcement
           agency.
     19.   Of a peace officer when providing security and protection for visiting dignitaries at the
           request of another law enforcement agency or the governor. The highway patrol may
          request the assistance of other law enforcement agencies with security and protection,
          and the other law enforcement agencies may provide the assistance as requested
          under this section.
    SECTION 2. AMENDMENT. Section 54-21-17.1 of the North Dakota Century Code is
 amended and reenacted as follows:
    54-21-17.1. Superintendent to secure interior of capitol building, capitol grounds, and
 executive mansion - Issuance and return of keys and electronic card access.
     1.   The superintendent of the highway patrol shall see to the security of the state capitol
          building, capitol grounds, and executive mansion. The superintendent shall have
          control over the issuance and return of keys and electronic card access allowing entry
          to the building proper, or any door located therein. Keys to doors in the legislative wing
          must be issued and controlled by the legislative council when so requested by the
          highway patrolexterior doors of the state capitol building. The superintendent shall
          have control over electronic card access for the interior doors of the state capitol
          building. Keys to interior doors of the state capitol building must be controlled by
          individual agency heads and requested through the office of management and budget.
          The highway patrol shall determine the manner in which keys to the exterior doors of
          the state capitol building are to be issued and returned, including the procedure for
          receiving and recording the payment of fees in lieu of return of keys provided in
          section 54-06-15 and the manner in which electronic card access for interior and
          exterior doors is granted or removed.
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     2.   The legislative council may issue keys and grant electronic card access for interior
          doors in areas controlled by the legislative branch.
     3.   The superintendent may adopt rules and procedures for the immediate lock-down and
          closure of the capitol building and executive mansion to promote the health, safety,
          and general welfare during times of emergency.
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Statutes affected: 
INTRODUCED: 39-03-09, 54-21-17.1
Enrollment: 39-03-09, 54-21-17.1