19.0124.02000
Sixty-sixth
Legislative Assembly SENATE BILL NO. 2044
of North Dakota
Introduced by
Senators Myrdal, Unruh, Oehlke
Representatives Schmidt, Damschen
1 A BILL for an Act to amend and reenact section 12.1-21-06 of the North Dakota Century Code,
2 relating to tampering with or damaging a critical infrastructure facility or a public service; and to
3 provide a penalty.
4 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
5 SECTION 1. AMENDMENT. Section 12.1-21-06 of the North Dakota Century Code is
6 amended and reenacted as follows:
7 12.1-21-06. Tampering with or damaging a critical infrastructure facility or a public
8 service - Penalty.
9 1. A person is guilty of an offense if he causesAn individual may not cause a substantial
10 interruption or impairment of a public communication, transportation, supply of water,
11 gas, power, or othercritical infrastructure facility or a public service by:
12 a. Tampering with or damaging the tangible property of another;
13 b. Incapacitating an operator of sucha critical infrastructure facility or a public
14 service; or
15 c. Negligently damaging the tangible property of another by fire, explosive, or other
16 dangerous means.Damaging, destroying, vandalizing, defacing, or tampering
17 with equipment in a critical infrastructure facility;
18 d. Damaging, destroying, vandalizing, defacing, impeding, inhibiting, or tampering
19 with the operations of a critical infrastructure facility; or
20 e. Interfering, inhibiting, impeding, or preventing the construction or repair of a
21 critical infrastructure facility.
22 2. The offenseA violation of this section is a class C felony if the actor engages in the
23 conduct intentionally and a class A misdemeanor if the actor engages in the conduct
24 knowingly or recklessly. Otherwise it is a class B misdemeanor.
Page No. 1 19.0124.02000
Sixty-sixth
Legislative Assembly
1 3. If an organization is found to be a conspirator with an individual found to have violated
2 subsection 1, the court shall assess on the conspiring organization a fine ten times the
3 amount of the fine authorized by subsection 2.
4 4. This section may not be construed to prevent or prohibit lawful assembly and peaceful
5 and orderly petition for the redress of grievances, including a labor dispute between an
6 employer and its employee.
7 5. As used in this section, "critical infrastructure facility" includes:
8 a. A petroleum or alumina refinery;
9 b. An electrical power generating facility, substation, switching station, electrical
10 control center, or electric power line and associated equipment infrastructure;
11 c. A chemical, polymer, or rubber manufacturing facility;
12 d. A water intake structure, water treatment facility, wastewater treatment plant, or
13 pump station;
14 e. A natural gas compressor station;
15 f. A liquid natural gas terminal or storage facility;
16 g. A telecommunications central switching office;
17 h. Wireless telecommunications infrastructure, including a cell tower, telephone pole
18 or line, including a fiber optic line;
19 i. A port, railroad switching yard, railroad track, trucking terminal, or other freight
20 transportation facility;
21 j. A gas processing plant, including a plant used in the processing, treatment, or
22 fractionation of natural gas or a natural gas liquid;
23 k. A transmission facility used by a federally licensed radio or television station;
24 l. A steel-making facility using an electric arc furnace to make steel;
25 m. A facility identified and regulated by the United States department of homeland
26 security chemical facility anti-terrorism standards program;
27 n. A dam regulated by the state or federal government;
28 o. A natural gas distribution utility facility, including a pipeline interconnection, a city
29 gate or town border station, a metering station, aboveground piping, a regulator
30 station, and a natural gas storage facility;
Page No. 2 19.0124.02000
Sixty-sixth
Legislative Assembly
1 p. A crude oil or refined product storage and distribution facility, including a valve
2 site, pipeline interconnection, pump station, metering station, below or
3 aboveground pipeline or piping, and a truck loading or offloading facility;
4 q. Any aboveground portion of an oil, gas, hazardous liquid, or chemical pipeline,
5 tank, railroad facility, or other storage facility; and
6 r. A site or location designated or approved for the construction of a facility
7 described in this subsection.
Page No. 3 19.0124.02000
Statutes affected: INTRODUCED: 12.1-21-06
FIRST ENGROSSMENT: 12.1-21-06
Enrollment: 12.1-21-06