19.0038.04000
Sixty-sixth
Legislative Assembly SENATE BILL NO. 2037
of North Dakota
Introduced by
Legislative Management
(Natural Resources Committee)
1 A BILL for an Act to create and enact chapters 38-23 and 38-24 of the North Dakota Century
2 Code, relating to the disposal and storage of high-level radioactive waste and subsurface
3 storage and retrieval of nonhydrocarbons; to amend and reenact sections 12.1-06.1-01 and
4 38-19-09 of the North Dakota Century Code, relating to the definition of illegal transportation or
5 disposal of radioactive waste material or hazardous waste and disposition of unusable products;
6 to repeal chapter 23-20.2 of the North Dakota Century Code, relating to the disposal of nuclear
7 waste material; and to provide a penalty.
8 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
9 SECTION 1. AMENDMENT. Section 12.1-06.1-01 of the North Dakota Century Code is
10 amended and reenacted as follows:
11 12.1-06.1-01. Definitions.
12 1. For the purpose of section 12.1-06.1-02:
13 a. "Combination" means persons who collaborate in carrying on or furthering the
14 activities or purposes of a criminal association even though those persons may
15 not know each other's identity or membership in the combination may change
16 from time to time or one or more members may stand in a wholesaler-retailer or
17 other arm's-length relationship with others as to activities or dealings between or
18 among themselves in an illicit operation.
19 b. "Criminal association" means any combination of persons or enterprises
20 engaging, or having the purpose of engaging, on a continuing basis in conduct
21 which violates any one or more provisions of any felony statute of this state or
22 which is the willful and illegal transportation or disposal of radioactive waste
23 material or hazardous waste.
Page No. 1 19.0038.04000
 Sixty-sixth
Legislative Assembly
1 2. For the purposes of sections 12.1-06.1-02 through 12.1-06.1-07, unless the context
2 otherwise requires:
3 a. "Control" means the possession of a sufficient interest to permit substantial
4 direction over the affairs of an enterprise.
5 b. "Enterprise" means any corporation, limited liability company, association, labor
6 union, or other legal entity or any group of persons associated in fact although
7 not a legal entity.
8 c. "Financial institution" means any bank, trust company, savings and loan
9 association, credit union, or moneylender under the jurisdiction of the state
10 department of financial institutions or its commissioner, or the state banking
11 board, or the state credit union board.
12 d. "Illegal transportation or disposal of radioactive waste material or hazardous
13 waste" means the transportation or disposal into a nonhazardous waste landfill or
14 the intentional and unlawful dumping into or on any land or water of radioactive
15 waste material in violation of section 23-20.2-09chapter 38-23 or the rules
16 adopted pursuant to that section which were in effect on January 1, 1997chapter,
17 or hazardous waste in willful violation of chapter 23-20.3 or the rules adopted
18 pursuant to that chapter which were in effect on January 1, 1997, except for the
19 handling of conditionally exempt small quantities of hazardous waste as
20 referenced in section 33-24-02-05 of the North Dakota Administrative Code.
21 e. "Pattern of racketeering activity" requires at least two acts of racketeering activity,
22 one of which occurred after July 8, 1987, and the last of which occurred within
23 ten years, excluding any period of imprisonment, after the commission of a prior
24 act of racketeering activity.
25 f. "Racketeering" means any act including any criminal attempt, facilitation,
26 solicitation, or conspiracy, committed for financial gain, which is chargeable or
27 indictable under the laws of the state in which the act occurred and, if the act
28 occurred in a state other than this state, would be chargeable or indictable under
29 the laws of this state had the act occurred in this state and punishable by
30 imprisonment for more than one year, regardless of whether such act is charged
31 or indicted, involving:
Page No. 2 19.0038.04000
 Sixty-sixth
Legislative Assembly
1 (1) Homicide.
2 (2) Robbery.
3 (3) Kidnapping.
4 (4) Forgery.
5 (5) Theft.
6 (6) Bribery.
7 (7) Gambling.
8 (8) Usury.
9 (9) Extortion.
10 (10) Unlawful delivery of controlled substances.
11 (11) Trafficking in explosives, weapons, or stolen property.
12 (12) Leading a criminal association.
13 (13) Obstructing or hindering criminal investigations or prosecutions.
14 (14) Asserting false claims including, but not limited to, false claims asserted
15 through fraud or arson.
16 (15) Fraud.
17 (16) Sale of unregistered securities or real property securities and transactions
18 involving such securities by unregistered dealers or salesmen.
19 (17) Obscenity.
20 (18) Child pornography.
21 (19) Prostitution.
22 (20) Human trafficking.
23 g. "Records" means any book, paper, writing, record, computer program, or other
24 material.
25 3. For the purposes of section 12.1-06.1-08:
26 a. "Access" means to approach, instruct, communicate with, store data in, retrieve
27 data from, or otherwise make use of any resources of a computer, computer
28 system, or computer network.
29 b. "Computer" means an electronic device which performs work using programmed
30 instruction and which has one or more of the capabilities of storage, logic,
31 arithmetic, communication, or memory and includes all input, output, processing,
Page No. 3 19.0038.04000
 Sixty-sixth
Legislative Assembly
1 storage, software, or communication facilities that are connected or related to
2 such a device in a system or network.
3 c. "Computer network" means the interconnection of communication lines, including
4 microwave, fiber optics, light beams, or other means of electronic or optic data
5 communication, with a computer through remote terminals or a complex
6 consisting of two or more interconnected computers.
7 d. "Computer program" means a series of instructions or statements, in a form
8 acceptable to a computer, which permits the functioning of a computer system in
9 a manner designed to provide appropriate products from such computer system.
10 e. "Computer software" means a set of computer programs, procedures, and
11 associated documentation concerned with the operation of a computer system.
12 f. "Computer system" means a set of related, connected, or unconnected computer
13 equipment, devices, and software.
14 g. "Financial instrument" means any credit card, debit card, or electronic fund
15 transfer card, code, or other means of access to an account for the purpose of
16 initiating electronic fund transfers, or any check, draft, money order, certificate of
17 deposit, letter of credit, bill of exchange, marketable security, or any other written
18 instrument which is transferable for value.
19 h. "Property" includes financial instruments, information, electronically produced or
20 stored data, supporting documentation, computer software, and computer
21 programs in either machine or human readable form, and any other tangible or
22 intangible item of value.
23 i. "Services" includes computer time, data processing, storage functions, and other
24 uses of a computer, computer system, or computer network to perform useful
25 work.
26 (Contingent effective date - See note) Definitions.
27 1. For the purpose of section 12.1-06.1-02:
28 a. "Combination" means persons who collaborate in carrying on or furthering the
29 activities or purposes of a criminal association even though those persons may
30 not know each other's identity or membership in the combination may change
31 from time to time or one or more members may stand in a wholesaler-retailer or
Page No. 4 19.0038.04000
 Sixty-sixth
Legislative Assembly
1 other arm's-length relationship with others as to activities or dealings between or
2 among themselves in an illicit operation.
3 b. "Criminal association" means any combination of persons or enterprises
4 engaging, or having the purpose of engaging, on a continuing basis in conduct
5 which violates any one or more provisions of any felony statute of this state or
6 which is the willful and illegal transportation or disposal of radioactive waste
7 material or hazardous waste.
8 2. For the purposes of sections 12.1-06.1-02 through 12.1-06.1-07, unless the context
9 otherwise requires:
10 a. "Control" means the possession of a sufficient interest to permit substantial
11 direction over the affairs of an enterprise.
12 b. "Enterprise" means any corporation, limited liability company, association, labor
13 union, or other legal entity or any group of persons associated in fact although
14 not a legal entity.
15 c. "Financial institution" means any bank, trust company, savings and loan
16 association, credit union, or moneylender under the jurisdiction of the state
17 department of financial institutions or its commissioner, or the state banking
18 board, or the state credit union board.
19 d. "Illegal transportation or disposal of radioactive waste material or hazardous
20 waste" means the transportation or disposal into a nonhazardous waste landfill or
21 the intentional and unlawful dumping into or on any land or water of radioactive
22 waste material in violation of section 23-20.2-09chapter 38-23 or the rules
23 adopted pursuant to that section which were in effect on January 1, 1997chapter,
24 or hazardous waste in willful violation of chapter 23.1-04 or the rules adopted
25 which were in effect on January 1, 1997, except for the handling of conditionally
26 exempt small quantities of hazardous waste as was referenced in section
27 33-24-02-05 of the North Dakota Administrative Codepursuant to that chapter.
28 e. "Pattern of racketeering activity" requires at least two acts of racketeering activity,
29 one of which occurred after July 8, 1987, and the last of which occurred within
30 ten years, excluding any period of imprisonment, after the commission of a prior
31 act of racketeering activity.
Page No. 5 19.0038.04000
 Sixty-sixth
Legislative Assembly
1 f. "Racketeering" means any act including any criminal attempt, facilitation,
2 solicitation, or conspiracy, committed for financial gain, which is chargeable or
3 indictable under the laws of the state in which the act occurred and, if the act
4 occurred in a state other than this state, would be chargeable or indictable under
5 the laws of this state had the act occurred in this state and punishable by
6 imprisonment for more than one year, regardless of whether such act is charged
7 or indicted, involving:
8 (1) Homicide.
9 (2) Robbery.
10 (3) Kidnapping.
11 (4) Forgery.
12 (5) Theft.
13 (6) Bribery.
14 (7) Gambling.
15 (8) Usury.
16 (9) Extortion.
17 (10) Unlawful delivery of controlled substances.
18 (11) Trafficking in explosives, weapons, or stolen property.
19 (12) Leading a criminal association.
20 (13) Obstructing or hindering criminal investigations or prosecutions.
21 (14) Asserting false claims including, but not limited to, false claims asserted
22 through fraud or arson.
23 (15) Fraud.
24 (16) Sale of unregistered securities or real property securities and transactions
25 involving such securities by unregistered dealers or salesmen.
26 (17) Obscenity.
27 (18) Child pornography.
28 (19) Prostitution.
29 (20) Human trafficking.
30 g. "Records" means any book, paper, writing, record, computer program, or other
31 material.
Page No. 6 19.0038.04000
 Sixty-sixth
Legislative Assembly
1 3. For the purposes of section 12.1-06.1-08:
2 a. "Access" means to approach, instruct, communicate with, store data in, retrieve
3 data from, or otherwise make use of any resources of a computer, computer
4 system, or computer network.
5 b. "Computer" means an electronic device which performs work using programmed
6 instruction and which has one or more of the capabilities of storage, logic,
7 arithmetic, communication, or memory and includes all input, output, processing,
8 storage, software, or communication facilities that are connected or related to
9 such a device in a system or network.
10 c. "Computer network" means the interconnection of communication lines, including
11 microwave, fiber optics, light beams, or other means of electronic or optic data
12 communication, with a computer through remote terminals or a complex
13 consisting of two or more interconnected computers.
14 d. "Computer program" means a series of instructions or statements, in a form
15 acceptable to a computer, which permits the functioning of a computer system in
16 a manner designed to provide appropriate products from such computer system.
17 e. "Computer software" means a set of computer programs, procedures, and
18 associated documentation concerned with the operation of a computer system.
19 f. "Computer system" means a set of related, connected, or unconnected computer
20 equipment, devices, and software.
21 g. "Financial instrument" means any credit card, debit card, or electronic fund
22 transfer card, code, or other means of access to an account for the purpose of
23 initiating electronic fund transfers, or any check, draft, money order, certificate of
24 deposit, letter of credit, bill of exchange, marketable security, or any other written
25 instrument which is transferable for value.
26 h. "Property" includes financial instruments, information, electronically produced or
27 stored data, supporting documentation, computer software, and computer
28 programs in either machine or human readable form, and any other tangible or
29 intangible item of value.
Page No. 7 19.0038.04000
 Sixty-sixth
Legislative Assembly
1 i. "Services" includes computer time, data processing, storage functions, and other
2 uses of a computer, computer system, or computer network to perform useful
3 work.
4 SECTION 2. AMENDMENT. Section 38-19-09 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 38-19-09. Disposition of unusable products.
7 Products for which there is no beneficial use and which the commission determines to be
8 hazardous must be disposed of in accordance with the provisions of chapter 23-20.238-23 and
9 other state laws and regulations regarding the management of hazardous waste.
10 SECTION 3. Chapter 38-23 of the North Dakota Century Code is created and enacted as
11 follows:
12 38-23-01. Definitions.
13 As used in this chapter:
14 1. "Commission" means the industrial commission.
15 2. "High