North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1079 Compare Versions

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1		-	Sixty-ninth Legislative Assembly of North Dakota
2		-	In Regular Session Commencing Tuesday, January 7, 2025
3		-	HOUSE BILL NO. 1079
4		-	(Government and Veterans Affairs Committee)
	1	+	25.8105.01000
	2	+	Sixty-ninth
	3	+	Legislative Assembly
	4	+	of North Dakota
	5	+	Introduced by
	6	+	Government and Veterans Affairs Committee
5	7		(At the request of the Adjutant General)
6		-	AN ACT to amend and reenact subdivision c of subsection 3 of section 12.1-31.2-02, ~~subsection 1 of~~
7		-	section 20.1-06-07, sections 37-17.1-02.1 and 37-17.1-06, subsections 1 and 4 ~~of section~~
8		-	37-17.1-07, subsections 1, 2, and 5 of section 37-17.1-07.1, subsections 2 and 3 of ~~section~~
9		-	37-17.1-11, sections 37-17.1-14, 37-17.1-14.1, 37-17.1-15, and 37-17.1-22, ~~subsection 3 of~~
10		-	section 37-17.1-28, section 37-17.3-01, subsection 1 of section 37-17.3-02.2, ~~section~~
11		-	37-17.3-08, subdivision c of subsection 2 of section 39-01-01, sections 39-03-13.2 and
	8	+	A BILL for an Act to amend and reenact subdivision c of subsection 3 of section 12.1-31.2-02,
	9	+	subsection 1 of section 20.1-06-07, sections 37-17.1-02.1 and 37-17.1-06, subsections 1 and 4
	10	+	of section 37-17.1-07, subsections 1, 2, and 5 of section 37-17.1-07.1, subsections 2 and 3 of
	11	+	section 37-17.1-11, sections 37-17.1-14, 37-17.1-14.1, 37-17.1-15, and 37-17.1-22,
	12	+	subsection 3 of section 37-17.1-28, section 37-17.3-01, subsection 1 of section 37-17.3-02.2,
	13	+	section 37-17.3-08, subdivision c of subsection 2 of section 39-01-01, sections 39-03-13.2 and
12	14		54-12-22, subsection 2 of section 54-12-32, subsection 1 of section 57-40.6-12, subsection 3 of
13	15		section 61-16.2-03, and section 65-06-01 of the North Dakota Century Code, relating to the
14	16		renaming of divisions within the department of emergency services.
15	17		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
16		-	SECTION 1. AMENDMENT. Subdivision c of subsection 3 of section 12.1-31.2-02 of the ~~North~~
17		-	Dakota Century Code is amended and reenacted as follows:
	18	+	SECTION 1. AMENDMENT. Subdivision c of subsection 3 of section 12.1-31.2-02 of the
	19	+	North Dakota Century Code is amended and reenacted as follows:
18	20		c.Once the bureau, after consultation with the director of the state radioemergency
19		-	communications center, determines and implements a method to enter the order into the
20		-	national crime information center database provided by the federal bureau of
21		-	investigation, or its successor agency, the bureau shall enter the order electronically in
22		-	the national crime information center database provided by the federal bureau of
23		-	investigation, or its successor agency. This electronic entry will fulfill the law enforcement
24		-	agency's requirement to enter the order in the national crime information center database
25		-	provided by the federal bureau of investigation, or its successor agency, but will not fulfill
26		-	its requirement to maintain and respond to inquiries regarding the order in the national
27		-	crime information center database provided by the federal bureau of investigation, or its
	21	+	communications center, determines and implements a method to enter the order
	22	+	into the national crime information center database provided by the federal
	23	+	bureau of investigation, or its successor agency, the bureau shall enter the order
	24	+	electronically in the national crime information center database provided by the
	25	+	federal bureau of investigation, or its successor agency. This electronic entry will
	26	+	fulfill the law enforcement agency's requirement to enter the order in the national
	27	+	crime information center database provided by the federal bureau of
	28	+	investigation, or its successor agency, but will not fulfill its requirement to
	29	+	maintain and respond to inquiries regarding the order in the national crime
	30	+	information center database provided by the federal bureau of investigation, or its
28	31		successor agency.
29		-	SECTION 2. AMENDMENT. Subsection 1 of section 20.1-06-07 of the North Dakota Century Code
30		-	is amended and reenacted as follows:
31		-	1.A person may erect, have, or maintain on the ice in any waters of this state a fishhouse, used
32		-	or to be used while ice fishing, or a dark house, used or to be used for spearfishing. Fishhouse
33		-	and dark house owners are subject to the rules the director may adopt governing the
34		-	construction, maintenance, and use of these units. The outside of each unoccupied unit must
35		-	have inscribed on it, in readily distinguishable characters at least three inches [7.62
36		-	centimeters] high, the registration number issued by the department for the fishhouse, or the
37		-	owner's name and address or telephone number. An unoccupied fishhouse or dark house left
38		-	on the ice without a registration number, or an owner's name and address or telephone
39		-	number may be removed or destroyed by the department. The department may not issue a
40		-	fishhouse registration number, unless the division of the state radioemergency
41		-	communications center has integrated game and fish department license information into the
42		-	national law enforcement telecommunications system. Any person who violates this
43		-	subsection is guilty of a class 2 noncriminal offense.
44		-	SECTION 3. AMENDMENT. Section 37-17.1-02.1 of the North Dakota Century Code is amended
45		-	and reenacted as follows: H. B. NO. 1079 - PAGE 2
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	60	+	SECTION 2. AMENDMENT. Subsection 1 of section 20.1-06-07 of the North Dakota
	61	+	Century Code is amended and reenacted as follows:
	62	+	1.A person may erect, have, or maintain on the ice in any waters of this state a
	63	+	fishhouse, used or to be used while ice fishing, or a dark house, used or to be used for
	64	+	spearfishing. Fishhouse and dark house owners are subject to the rules the director
	65	+	may adopt governing the construction, maintenance, and use of these units. The
	66	+	outside of each unoccupied unit must have inscribed on it, in readily distinguishable
	67	+	characters at least three inches [7.62 centimeters] high, the registration number issued
	68	+	by the department for the fishhouse, or the owner's name and address or telephone
	69	+	number. An unoccupied fishhouse or dark house left on the ice without a registration
	70	+	number, or an owner's name and address or telephone number may be removed or
	71	+	destroyed by the department. The department may not issue a fishhouse registration
	72	+	number, unless the division of the state radioemergency communications center has
	73	+	integrated game and fish department license information into the national law
	74	+	enforcement telecommunications system. Any person who violates this subsection is
	75	+	guilty of a class 2 noncriminal offense.
	76	+	SECTION 3. AMENDMENT. Section 37-17.1-02.1 of the North Dakota Century Code is
	77	+	amended and reenacted as follows:
46	78		37-17.1-02.1. Department of emergency services.
47	79		The department of emergency services consists of a division of the state radioemergency
48		-	communications center, and a division of homeland security and emergency management. The ~~adjutant~~
49		-	general is the director of the department. The adjutant general shall provide for shared ~~administration of~~
50		-	both divisions. The adjutant general shall appoint a separate director of each ~~division. A division director~~
51		-	serves at the pleasure of the adjutant general. The adjutant general ~~shall fix the compensation of a~~
52		-	division director within limits of legislative appropriation.
53		-	SECTION 4. AMENDMENT. Section 37-17.1-06 of the North Dakota Century Code is ~~amended and~~
54		-	reenacted as follows:
	80	+	communications center, and a division of homeland security and emergency management. The
	81	+	adjutant general is the director of the department. The adjutant general shall provide for shared
	82	+	administration of both divisions. The adjutant general shall appoint a separate director of each
	83	+	division. A division director serves at the pleasure of the adjutant general. The adjutant general
	84	+	shall fix the compensation of a division director within limits of legislative appropriation.
	85	+	SECTION 4. AMENDMENT. Section 37-17.1-06 of the North Dakota Century Code is
	86	+	amended and reenacted as follows:
55	87		37-17.1-06. State division of homeland security and emergency management.
56		-	1.The division of homeland security and emergency management must have professional,
57		-	technical, secretarial, and clerical employees as necessary for the performance of its
58		-	functions. The director of the division shall fix the compensation of the staff in conformity with
59		-	state merit system regulations and may make such expenditures within the appropriations
60		-	therefor, or from other funds made available to the director for purposes of emergency
61		-	management, as may be necessary to carry out the purposes of this chapter.
62		-	2.The division of homeland security and emergency management shall prepare and maintain a
63		-	state disaster plan and keep it current, which plan may include provisions for:
64		-	a.Averting or minimizing the injury and damage caused by disasters or emergencies.
	88	+	1.The division of homeland security and emergency management must have
	89	+	professional, technical, secretarial, and clerical employees as necessary for the
	90	+	performance of its functions. The director of the division shall fix the compensation of
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	124	+	the staff in conformity with state merit system regulations and may make such
	125	+	expenditures within the appropriations therefor, or from other funds made available to
	126	+	the director for purposes of emergency management, as may be necessary to carry
	127	+	out the purposes of this chapter.
	128	+	2.The division of homeland security and emergency management shall prepare and
	129	+	maintain a state disaster plan and keep it current, which plan may include provisions
	130	+	for:
	131	+	a.Averting or minimizing the injury and damage caused by disasters or
	132	+	emergencies.
65	133		b.Prompt and effective response to a disaster or emergency.
66	134		c.Emergency relief.
67	135		d.Identification of areas particularly vulnerable to a disaster or emergency.
68		-	e.Recommendations for zoning, building, and other land use controls, safety ~~measures for~~
69		-	securing mobile homes or other nonpermanent or semipermanent ~~structures, and other~~
70		-	mitigation and preparedness measures.
71		-	f.Assistance to local officials in developing and maintaining local and regional ~~emergency~~
72		-	management systems.
73		-	g.Authorization and procedures for the erection or other construction of temporary ~~works~~
74		-	designed to protect against or mitigate danger, damage, or loss from any ~~disaster or~~
75		-	emergency.
76		-	h.Preparation and distribution of emergency management assistance program ~~guidance to~~
77		-	the appropriate state and local officials.
	136	+	e.Recommendations for zoning, building, and other land use controls, safety
	137	+	measures for securing mobile homes or other nonpermanent or semipermanent
	138	+	structures, and other mitigation and preparedness measures.
	139	+	f.Assistance to local officials in developing and maintaining local and regional
	140	+	emergency management systems.
	141	+	g.Authorization and procedures for the erection or other construction of temporary
	142	+	works designed to protect against or mitigate danger, damage, or loss from any
	143	+	disaster or emergency.
	144	+	h.Preparation and distribution of emergency management assistance program
	145	+	guidance to the appropriate state and local officials.
78	146		i.Organization of manpower and chains of command.
79		-	j.Coordination of federal, state, regional, and local emergency management activities.
	147	+	j.Coordination of federal, state, regional, and local emergency management
	148	+	activities.
80	149		k.Coordination of state disaster or emergency operations plans with the disaster or
81	150		emergency plans of the federal government.
82	151		l.Other necessary matters.
83	152		3.The division of homeland security and emergency management shall provide technical
84		-	assistance for the development and revision of local and regional disaster or emergency
85		-	operations plans prepared under section 37-17.1-07. H. B. NO. 1079 - PAGE 3
86		-	4.In preparing and revising state disaster or emergency plans, the division of homeland security
87		-	and emergency management shall seek the advice and assistance of local government,
88		-	business, labor, industry, agriculture, civic, and volunteer organizations and community
89		-	leaders. In advising local and regional emergency management organizations, the division
90		-	shall encourage them also to seek advice from these sources.
	153	+	assistance for the development and revision of local and regional disaster or
	154	+	emergency operations plans prepared under section 37-17.1-07.
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	188	+	4.In preparing and revising state disaster or emergency plans, the division of homeland
	189	+	security and emergency management shall seek the advice and assistance of local
	190	+	government, business, labor, industry, agriculture, civic, and volunteer organizations
	191	+	and community leaders. In advising local and regional emergency management
	192	+	organizations, the division shall encourage them also to seek advice from these
	193	+	sources.
91	194		5.State disaster or emergency plans or any parts thereof have the force of law upon
92	195		implementation by the governor.
93		-	6.The division of homeland security and emergency management, in coordination with ~~lead and~~
94		-	support agencies, shall:
95		-	a.Coordinate the procurement of supplies, materials, and equipment during ~~disaster or~~
96		-	emergency operations.
97		-	b.Provide guidance and standards for local and regional disaster or emergency ~~operational~~
98		-	plans.
	196	+	6.The division of homeland security and emergency management, in coordination with
	197	+	lead and support agencies, shall:
	198	+	a.Coordinate the procurement of supplies, materials, and equipment during
	199	+	disaster or emergency operations.
	200	+	b.Provide guidance and standards for local and regional disaster or emergency
	201	+	operational plans.
99	202		c.Periodically review local and regional disaster or emergency operational plans.
100	203		d.Coordinate state or state and federal assistance to local and regional emergency
101	204		management organizations.
102		-	e.Establish and operate or assist local and regional emergency management ~~organizations~~
103		-	to establish and operate training programs and programs for ~~emergency public~~
104		-	information.
105		-	f.Make surveys of industries, resources, and facilities, within the state, both public ~~and~~
106		-	private, as are necessary to carry out the purposes of this chapter. The use ~~of sensitive~~
107		-	and proprietary logistical data submitted to the state in confidence by ~~individual industries~~
108		-	and suppliers must be accorded full confidentiality and will ~~be released only in aggregate~~
109		-	form.
	205	+	e.Establish and operate or assist local and regional emergency management
	206	+	organizations to establish and operate training programs and programs for
	207	+	emergency public information.
	208	+	f.Make surveys of industries, resources, and facilities, within the state, both public
	209	+	and private, as are necessary to carry out the purposes of this chapter. The use
	210	+	of sensitive and proprietary logistical data submitted to the state in confidence by
	211	+	individual industries and suppliers must be accorded full confidentiality and will
	212	+	be released only in aggregate form.
110	213		g.Plan and make arrangements for the availability and use of any private facilities,
111		-	services, and property, and, if necessary and if in fact used, coordinate payment for that
112		-	use under terms and conditions agreed upon.
113		-	h.Establish access to a register of persons with types of training and skills important in
114		-	prevention, mitigation, preparedness, response, and recovery.
115		-	i.Establish access to a register of equipment and facilities available for use in a disaster or
116		-	emergency.
117		-	j.Prepare, for issuance by the governor, executive orders, proclamations, and guidance as
118		-	necessary or appropriate in managing a disaster or emergency.
119		-	k.Coordinate and may enter agreements with the federal government and any public or
120		-	private agency or entity in achieving any purpose of this chapter and in implementing
121		-	programs for disaster mitigation, preparation, response, and recovery.
122		-	l.Be the state search and rescue coordinating agency, establish access to a register of
123		-	search and rescue equipment and personnel in the state, and plan for its effective
124		-	utilization.
125		-	m.Do other things necessary, incidental, or appropriate for the implementation of this
126		-	chapter.
127		-	7.The division of homeland security and emergency management shall serve as a central
128		-	information dissemination point and repository for initial notification information for spills and H. B. NO. 1079 - PAGE 4
129		-	discharges in the state for hazardous chemicals as defined in section 37-17.1-07.1, oil, gas,
130		-	and saltwater. The division shall develop processes to ensure proper state and federal
131		-	agencies that have oversight responsibilities are promptly notified. The division shall also
132		-	provide notice to local emergency management officials within a time that is consistent with
133		-	the level of emergency.
134		-	SECTION 5. AMENDMENT. Subsection 1 of section 37-17.1-07 of the North Dakota Century Code
135		-	is amended and reenacted as follows:
	214	+	services, and property, and, if necessary and if in fact used, coordinate payment
	215	+	for that use under terms and conditions agreed upon.
	216	+	h.Establish access to a register of persons with types of training and skills
	217	+	important in prevention, mitigation, preparedness, response, and recovery.
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	250	+	i.Establish access to a register of equipment and facilities available for use in a
	251	+	disaster or emergency.
	252	+	j.Prepare, for issuance by the governor, executive orders, proclamations, and
	253	+	guidance as necessary or appropriate in managing a disaster or emergency.
	254	+	k.Coordinate and may enter agreements with the federal government and any
	255	+	public or private agency or entity in achieving any purpose of this chapter and in
	256	+	implementing programs for disaster mitigation, preparation, response, and
	257	+	recovery.
	258	+	l.Be the state search and rescue coordinating agency, establish access to a
	259	+	register of search and rescue equipment and personnel in the state, and plan for
	260	+	its effective utilization.
	261	+	m.Do other things necessary, incidental, or appropriate for the implementation of
	262	+	this chapter.
	263	+	7.The division of homeland security and emergency management shall serve as a
	264	+	central information dissemination point and repository for initial notification information
	265	+	for spills and discharges in the state for hazardous chemicals as defined in section
	266	+	37-17.1-07.1, oil, gas, and saltwater. The division shall develop processes to ensure
	267	+	proper state and federal agencies that have oversight responsibilities are promptly
	268	+	notified. The division shall also provide notice to local emergency management
	269	+	officials within a time that is consistent with the level of emergency.
	270	+	SECTION 5. AMENDMENT. Subsection 1 of section 37-17.1-07 of the North Dakota
	271	+	Century Code is amended and reenacted as follows:
136	272		1.All areas of the state are within the jurisdiction of and must be served by the division of
137		-	homeland security and emergency management or by a local or multicounty emergency
138		-	management organization.
139		-	SECTION 6. AMENDMENT. Subsection 4 of section 37-17.1-07 of the North Dakota Century Code
140		-	is amended and reenacted as follows:
141		-	4.The mayor of or the president of the board of city commissioners in a city with an emergency
142		-	management organization and the chairman of the board of county commissioners shall notify
143		-	the division of homeland security and emergency management of the manner in which the city
144		-	and the county are providing or securing emergency management activities, identify each
145		-	individual who will coordinate the activities of the local emergency management organization,
146		-	and furnish additional information relating thereto as the division requires.
147		-	SECTION 7. AMENDMENT. Subsection 1 of section 37-17.1-07.1 of the North Dakota Century
148		-	Code is amended and reenacted as follows:
	273	+	homeland security and emergency management or by a local or multicounty
	274	+	emergency management organization.
	275	+	SECTION 6. AMENDMENT. Subsection 4 of section 37-17.1-07 of the North Dakota
	276	+	Century Code is amended and reenacted as follows:
	277	+	4.The mayor of or the president of the board of city commissioners in a city with an
	278	+	emergency management organization and the chairman of the board of county
	279	+	commissioners shall notify the division of homeland security and emergency
	280	+	management of the manner in which the city and the county are providing or securing
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	314	+	emergency management activities, identify each individual who will coordinate the
	315	+	activities of the local emergency management organization, and furnish additional
	316	+	information relating thereto as the division requires.
	317	+	SECTION 7. AMENDMENT. Subsection 1 of section 37-17.1-07.1 of the North Dakota
	318	+	Century Code is amended and reenacted as follows:
149	319		1.Program components.
150		-	a.The governor shall appoint members of the state emergency response commission to
151		-	carry out the commission's responsibilities as outlined in Public Law 99-499, 42 U.S.C.
152		-	11001, et seq., also referred to as SARA title III, and the responsibilities of the
153		-	commission members as outlined in the North Dakota emergency operations plan.
154		-	b.In conjunction with the state emergency response commission, the local emergency
155		-	planning committees, as appointed by the boards of county commissioners, and the local
156		-	emergency management organizations shall coordinate the development and
157		-	maintenance of a state hazardous chemicals preparedness and response program.
158		-	c.The director of the division of homeland security and emergency management shall
159		-	serve as the chairman of the state emergency response commission. In the absence of
160		-	the chairman, the designated vice chairman shall serve as chairman. The state
161		-	emergency response commission by vote will select the vice chairman to fulfill a two-year
162		-	term. The chairman shall recognize the assignment of representatives to the commission
163		-	who are designated through a delegation of authority by a member. The chairman shall
164		-	designate a commission secretary, solely for the purpose of documenting and distributing
165		-	clerical proceedings, from the staff of the division of homeland security and emergency
166		-	management.
167		-	d.For the purpose of complying with the reporting requirements set forth in sections 302,
168		-	304, 311, 312, and 313 of Public Law 99-499, 42 U.S.C. 11001, et seq., also referred to
169		-	as SARA title III, the owner and operator of any facility, as defined in SARA title III, shall
170		-	submit those reports to the North Dakota division of homeland security and emergency
171		-	management as required by SARA title III, which shall establish and maintain the state
172		-	repository for these reports.
173		-	e.For purposes of monitoring, determining if emergency response may be required, and
174		-	notifying local officials, owners and operators or responsible parties shall report all spills
175		-	or discharges to the appropriate state agency as required by law. The report must include H. B. NO. 1079 - PAGE 5
176		-	the name of the reporting party, including phone number and address; date; time of
177		-	release; location of release; containment status; name of the chemical, if waterways are
178		-	involved; and immediate potential threat. If the release occurs or travels offsite from a
179		-	facility, the owner and operator or responsible party shall notify the surface owner within
180		-	a reasonable time. State agencies that receive direct reports of spills or discharges shall
181		-	provide the report information to the division within a time that is consistent with potential
182		-	level of response needed.
183		-	SECTION 8. AMENDMENT. Subsection 2 of section 37-17.1-07.1 of the North Dakota Century
184		-	Code is amended and reenacted as follows:
	320	+	a.The governor shall appoint members of the state emergency response
	321	+	commission to carry out the commission's responsibilities as outlined in Public
	322	+	Law 99-499, 42 U.S.C. 11001, et seq., also referred to as SARA title III, and the
	323	+	responsibilities of the commission members as outlined in the North Dakota
	324	+	emergency operations plan.
	325	+	b.In conjunction with the state emergency response commission, the local
	326	+	emergency planning committees, as appointed by the boards of county
	327	+	commissioners, and the local emergency management organizations shall
	328	+	coordinate the development and maintenance of a state hazardous chemicals
	329	+	preparedness and response program.
	330	+	c.The director of the division of homeland security and emergency management
	331	+	shall serve as the chairman of the state emergency response commission. In the
	332	+	absence of the chairman, the designated vice chairman shall serve as chairman.
	333	+	The state emergency response commission by vote will select the vice chairman
	334	+	to fulfill a two-year term. The chairman shall recognize the assignment of
	335	+	representatives to the commission who are designated through a delegation of
	336	+	authority by a member. The chairman shall designate a commission secretary,
	337	+	solely for the purpose of documenting and distributing clerical proceedings, from
	338	+	the staff of the division of homeland security and emergency management.
	339	+	d.For the purpose of complying with the reporting requirements set forth in
	340	+	sections 302, 304, 311, 312, and 313 of Public Law 99-499, 42 U.S.C. 11001,
	341	+	et seq., also referred to as SARA title III, the owner and operator of any facility, as
	342	+	defined in SARA title III, shall submit those reports to the North Dakota division of
	343	+	homeland security and emergency management as required by SARA title III,
	344	+	which shall establish and maintain the state repository for these reports.
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	378	+	e.For purposes of monitoring, determining if emergency response may be required,
	379	+	and notifying local officials, owners and operators or responsible parties shall
	380	+	report all spills or discharges to the appropriate state agency as required by law.
	381	+	The report must include the name of the reporting party, including phone number
	382	+	and address; date; time of release; location of release; containment status; name
	383	+	of the chemical, if waterways are involved; and immediate potential threat. If the
	384	+	release occurs or travels offsite from a facility, the owner and operator or
	385	+	responsible party shall notify the surface owner within a reasonable time. State
	386	+	agencies that receive direct reports of spills or discharges shall provide the report
	387	+	information to the division within a time that is consistent with potential level of
	388	+	response needed.
	389	+	SECTION 8. AMENDMENT. Subsection 2 of section 37-17.1-07.1 of the North Dakota
	390	+	Century Code is amended and reenacted as follows:
185	391		2.Establishment of funds.
186		-	a.There is created in the state treasury a nonlapsing restricted account to be known as a
187		-	state hazardous chemicals preparedness and response fund. The fund consists of
188		-	revenue collected from the state hazardous chemical fee system and funds appropriated
189		-	by the legislative assembly. Moneys in the fund shall be appropriated biennially to the
190		-	division of homeland security and emergency management for carrying out the purposes,
191		-	goals, and objectives of SARA title III, and the state hazardous chemicals preparedness
192		-	and response program.
193		-	b.The county treasurer of each county shall establish a nonlapsing restricted account, to be
194		-	known as the county hazardous chemicals preparedness and response account. The
195		-	county hazardous chemicals preparedness and response account consists of revenue
196		-	from the state hazardous chemicals fee system, county, federal or state funds, grants,
197		-	and any private donations provided to finance the county hazardous chemicals
198		-	preparedness and response program.
199		-	c.Each owner and operator of a facility, as defined in SARA title III, shall pay an annual
200		-	hazardous chemicals fee to the division of homeland security and emergency
201		-	management by March first of each year. The fee is twenty-five dollars for each chemical
202		-	within the meaning of title 40, Code of Federal Regulations, part 355.20, or its successor
203		-	which is required under section 312 of SARA title III, to be listed on the hazardous
204		-	chemical inventory form (tier II) which the owner or operator must submit to the division.
205		-	The federal requirements must be used for completing the tier II form, including the
206		-	threshold amounts, as outlined in title 40, Code of Federal Regulations, part 20. The
207		-	maximum fee for a facility under this section is four hundred seventy-five dollars. The
208		-	director of the homeland security and emergency management division may impose fees
209		-	for both late filing of reports and late payment of fees. A late fee must equal the amount
210		-	of the hazardous chemicals fee owed under this subdivision. After six months the director
211		-	shall process further violations under willful violations in subsection 4. The division of
212		-	homeland security and emergency management shall transfer to the county hazardous
213		-	chemicals preparedness and response account one-half of the regular fees collected
214		-	from the state's hazardous chemicals fee system.
215		-	d.The owners or operators of family farm enterprises that are not engaged in the retail or
216		-	wholesale of hazardous chemicals and facilities owned by the state or local governments
217		-	are exempt from the fee under subdivision c. For purposes of this section, the terms
218		-	"family farm" and "farmer" have the same meaning as set forth in section 6-09.11-01.
219		-	e.The state and county governments are authorized to accept and may deposit grants,
220		-	gifts, and federal funds into the hazardous chemicals preparedness and response fund
221		-	and accounts for the purpose of carrying out the hazardous chemicals preparedness and
222		-	response programs to include training, exercising, equipment, response, and salaries,
223		-	and local emergency planning committee member stipends not to exceed thirty percent
224		-	of state per diem per meeting attended. In lieu of stipends the committee chairman may
225		-	provide a meal or refreshments other than alcoholic beverages. H. B. NO. 1079 - PAGE 6
226		-	f."Hazardous chemical" means as defined in title 40, Code of Federal Regulations, part
227		-	355.20 and title 29, Code of Federal Regulations, part 1910.1200.
228		-	g.The state hazardous chemicals fee system does not supersede a city fee system for
229		-	hazardous chemicals.
230		-	SECTION 9. AMENDMENT. Subsection 5 of section 37-17.1-07.1 of the North Dakota Century
231		-	Code is amended and reenacted as follows:
232		-	5.If the director of the division of homeland security and emergency management determines
233		-	that a violation of this chapter has occurred, the director shall make all evidence available to
234		-	the attorney general for use in any remedial action the attorney general's office determines
235		-	appropriate, including injunctive relief. Nothing in this section may be construed to deny use of
236		-	the remedies authorized under chapter 32-40.
237		-	SECTION 10. AMENDMENT. Subsection 2 of section 37-17.1-11 of the North Dakota Century Code
238		-	is amended and reenacted as follows:
239		-	2.The water commission and department of water resources, in conjunction with the division of
240		-	homeland security and emergency management, shall keep land uses and construction of
241		-	structures and other facilities under continuing study and identify areas that are particularly
242		-	susceptible to severe land shifting, subsidence, flood, or other catastrophic occurrence. The
243		-	studies under this subsection must concentrate on means of reducing or avoiding the dangers
244		-	caused by severe land shifting, subsidence, flood, or other catastrophic occurrence, or the
245		-	consequences of severe land shifting, subsidence, flood, or other catastrophic occurrence.
246		-	SECTION 11. AMENDMENT. Subsection 3 of section 37-17.1-11 of the North Dakota Century Code
247		-	is amended and reenacted as follows:
248		-	3.If the division of homeland security and emergency management determines, in coordination
249		-	with lead and support agencies, on the basis of the studies or other competent evidence, that
250		-	an area is susceptible to a disaster of catastrophic proportions without adequate warning;
251		-	existing building standards and land use controls in that area are inadequate and could add
252		-	substantially to the magnitude of the disaster or emergency; and changes in zoning
253		-	regulations, other land use regulations, or building requirements are needed in order to further
254		-	the purposes of this section, it shall specify the essential changes to the governor. If the
255		-	governor, upon review of the determination, finds after public hearing, that the changes are
	392	+	a.There is created in the state treasury a nonlapsing restricted account to be
	393	+	known as a state hazardous chemicals preparedness and response fund. The
	394	+	fund consists of revenue collected from the state hazardous chemical fee system
	395	+	and funds appropriated by the legislative assembly. Moneys in the fund shall be
	396	+	appropriated biennially to the division of homeland security and emergency
	397	+	management for carrying out the purposes, goals, and objectives of SARA title III,
	398	+	and the state hazardous chemicals preparedness and response program.
	399	+	b.The county treasurer of each county shall establish a nonlapsing restricted
	400	+	account, to be known as the county hazardous chemicals preparedness and
	401	+	response account. The county hazardous chemicals preparedness and response
	402	+	account consists of revenue from the state hazardous chemicals fee system,
	403	+	county, federal or state funds, grants, and any private donations provided to
	404	+	finance the county hazardous chemicals preparedness and response program.
	405	+	c.Each owner and operator of a facility, as defined in SARA title III, shall pay an
	406	+	annual hazardous chemicals fee to the division of homeland security and
	407	+	emergency management by March first of each year. The fee is twenty-five
	408	+	dollars for each chemical within the meaning of title 40, Code of Federal
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	442	+	Regulations, part 355.20, or its successor which is required under section 312 of
	443	+	SARA title III, to be listed on the hazardous chemical inventory form (tier II) which
	444	+	the owner or operator must submit to the division. The federal requirements must
	445	+	be used for completing the tier II form, including the threshold amounts, as
	446	+	outlined in title 40, Code of Federal Regulations, part 20. The maximum fee for a
	447	+	facility under this section is four hundred seventy-five dollars. The director of the
	448	+	homeland security and emergency management division may impose fees for
	449	+	both late filing of reports and late payment of fees. A late fee must equal the
	450	+	amount of the hazardous chemicals fee owed under this subdivision. After six
	451	+	months the director shall process further violations under willful violations in
	452	+	subsection 4. The division of homeland security and emergency management
	453	+	shall transfer to the county hazardous chemicals preparedness and response
	454	+	account one-half of the regular fees collected from the state's hazardous
	455	+	chemicals fee system.
	456	+	d.The owners or operators of family farm enterprises that are not engaged in the
	457	+	retail or wholesale of hazardous chemicals and facilities owned by the state or
	458	+	local governments are exempt from the fee under subdivision c. For purposes of
	459	+	this section, the terms "family farm" and "farmer" have the same meaning as set
	460	+	forth in section 6-09.11-01.
	461	+	e.The state and county governments are authorized to accept and may deposit
	462	+	grants, gifts, and federal funds into the hazardous chemicals preparedness and
	463	+	response fund and accounts for the purpose of carrying out the hazardous
	464	+	chemicals preparedness and response programs to include training, exercising,
	465	+	equipment, response, and salaries, and local emergency planning committee
	466	+	member stipends not to exceed thirty percent of state per diem per meeting
	467	+	attended. In lieu of stipends the committee chairman may provide a meal or
	468	+	refreshments other than alcoholic beverages.
	469	+	f."Hazardous chemical" means as defined in title 40, Code of Federal Regulations,
	470	+	part 355.20 and title 29, Code of Federal Regulations, part 1910.1200.
	471	+	g.The state hazardous chemicals fee system does not supersede a city fee system
	472	+	for hazardous chemicals.
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	506	+	SECTION 9. AMENDMENT. Subsection 5 of section 37-17.1-07.1 of the North Dakota
	507	+	Century Code is amended and reenacted as follows:
	508	+	5.If the director of the division of homeland security and emergency management
	509	+	determines that a violation of this chapter has occurred, the director shall make all
	510	+	evidence available to the attorney general for use in any remedial action the attorney
	511	+	general's office determines appropriate, including injunctive relief. Nothing in this
	512	+	section may be construed to deny use of the remedies authorized under chapter
	513	+	32-40.
	514	+	SECTION 10. AMENDMENT. Subsection 2 of section 37-17.1-11 of the North Dakota
	515	+	Century Code is amended and reenacted as follows:
	516	+	2.The water commission and department of water resources, in conjunction with the
	517	+	division of homeland security and emergency management, shall keep land uses and
	518	+	construction of structures and other facilities under continuing study and identify areas
	519	+	that are particularly susceptible to severe land shifting, subsidence, flood, or other
	520	+	catastrophic occurrence. The studies under this subsection must concentrate on
	521	+	means of reducing or avoiding the dangers caused by severe land shifting,
	522	+	subsidence, flood, or other catastrophic occurrence, or the consequences of severe
	523	+	land shifting, subsidence, flood, or other catastrophic occurrence.
	524	+	SECTION 11. AMENDMENT. Subsection 3 of section 37-17.1-11 of the North Dakota
	525	+	Century Code is amended and reenacted as follows:
	526	+	3.If the division of homeland security and emergency management determines, in
	527	+	coordination with lead and support agencies, on the basis of the studies or other
	528	+	competent evidence, that an area is susceptible to a disaster of catastrophic
	529	+	proportions without adequate warning; existing building standards and land use
	530	+	controls in that area are inadequate and could add substantially to the magnitude of
	531	+	the disaster or emergency; and changes in zoning regulations, other land use
	532	+	regulations, or building requirements are needed in order to further the purposes of
	533	+	this section, it shall specify the essential changes to the governor. If the governor,
	534	+	upon review of the determination, finds after public hearing, that the changes are
256	535		essential, the governor shall so recommend to the agencies or local governments with
257		-	jurisdiction over that area and subject matter. If no action or insufficient action pursuant to the
258		-	governor's recommendations is taken within the time specified by the governor, the governor
259		-	shall so inform the legislative assembly and request legislative action appropriate to mitigate
260		-	the impact of the disaster or emergency.
261		-	SECTION 12. AMENDMENT. Section 37-17.1-14 of the North Dakota Century Code is amended
262		-	and reenacted as follows:
	536	+	jurisdiction over that area and subject matter. If no action or insufficient action
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	570	+	pursuant to the governor's recommendations is taken within the time specified by the
	571	+	governor, the governor shall so inform the legislative assembly and request legislative
	572	+	action appropriate to mitigate the impact of the disaster or emergency.
	573	+	SECTION 12. AMENDMENT. Section 37-17.1-14 of the North Dakota Century Code is
	574	+	amended and reenacted as follows:
263	575		37-17.1-14. Mutual aid.
264		-	1.Counties and cities must be encouraged and assisted by the division of homeland ~~security~~
265		-	and emergency management to conclude suitable arrangements for ~~furnishing mutual aid in~~
266		-	emergency management. The arrangements must include ~~provision of aid by persons and~~
267		-	units in public employ.
	576	+	1.Counties and cities must be encouraged and assisted by the division of homeland
	577	+	security and emergency management to conclude suitable arrangements for
	578	+	furnishing mutual aid in emergency management. The arrangements must include
	579	+	provision of aid by persons and units in public employ.
268	580		2.In review of local disaster or emergency plans, the division of homeland security and
269		-	emergency management shall consider whether they contain adequate provisions for ~~the~~
270		-	rendering and receipt of mutual aid. ~~H. B. NO. 1079 - PAGE 7~~
271		-	SECTION 13. AMENDMENT. Section 37-17.1-14.1 of the North Dakota Century Code is ~~amended~~
272		-	and reenacted as follows:
	581	+	emergency management shall consider whether they contain adequate provisions for
	582	+	the rendering and receipt of mutual aid.
	583	+	SECTION 13. AMENDMENT. Section 37-17.1-14.1 of the North Dakota Century Code is
	584	+	amended and reenacted as follows:
273	585		37-17.1-14.1. Mutual aid - Cooperation.
274		-	1.The division of homeland security and emergency management shall encourage and ~~assist~~
275		-	political subdivisions to enter mutual aid agreements with other public and ~~private agencies~~
276		-	within the state for reciprocal aid and assistance in responding to and ~~recovering from actual~~
277		-	and potential disasters or emergencies.
278		-	2.In reviewing emergency operations plans and programs of political subdivisions, the ~~division of~~
279		-	homeland security and emergency management shall consider whether the ~~plans and~~
280		-	programs contain adequate provisions for mutual aid.
	586	+	1.The division of homeland security and emergency management shall encourage and
	587	+	assist political subdivisions to enter mutual aid agreements with other public and
	588	+	private agencies within the state for reciprocal aid and assistance in responding to and
	589	+	recovering from actual and potential disasters or emergencies.
	590	+	2.In reviewing emergency operations plans and programs of political subdivisions, the
	591	+	division of homeland security and emergency management shall consider whether the
	592	+	plans and programs contain adequate provisions for mutual aid.
281	593		3.Local emergency management organizations may assist in negotiation of mutual aid
282		-	agreements between the governor and an adjoining state or province or a political subdivision
283		-	of a province and shall carry out arrangements of any such agreements relating to the local
284		-	political subdivision.
285		-	SECTION 14. AMENDMENT. Section 37-17.1-15 of the North Dakota Century Code is amended
286		-	and reenacted as follows:
	594	+	agreements between the governor and an adjoining state or province or a political
	595	+	subdivision of a province and shall carry out arrangements of any such agreements
	596	+	relating to the local political subdivision.
	597	+	SECTION 14. AMENDMENT. Section 37-17.1-15 of the North Dakota Century Code is
	598	+	amended and reenacted as follows:
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287	630		37-17.1-15. Weather modification.
288		-	The division of homeland security and emergency management shall keep continuously ~~apprised of~~
289		-	weather conditions which present danger of precipitation or other climatic activity ~~severe enough to~~
290		-	constitute a disaster. If the division determines that precipitation resulting from ~~weather modification~~
291		-	operations, either by itself or in conjunction with other precipitation or ~~climatic conditions or activity,~~
292		-	would create or contribute to the severity of a disaster, the division ~~shall direct the officer or agency~~
293		-	empowered to issue permits for weather modification ~~operations to suspend the issuance of the~~
294		-	permits. No permits may be issued until the division ~~informs the officer or agency that the danger has~~
295		-	passed.
296		-	SECTION 15. AMENDMENT. Section 37-17.1-22 of the North Dakota Century Code is ~~amended~~
297		-	and reenacted as follows:
	631	+	The division of homeland security and emergency management shall keep continuously
	632	+	apprised of weather conditions which present danger of precipitation or other climatic activity
	633	+	severe enough to constitute a disaster. If the division determines that precipitation resulting from
	634	+	weather modification operations, either by itself or in conjunction with other precipitation or
	635	+	climatic conditions or activity, would create or contribute to the severity of a disaster, the division
	636	+	shall direct the officer or agency empowered to issue permits for weather modification
	637	+	operations to suspend the issuance of the permits. No permits may be issued until the division
	638	+	informs the officer or agency that the danger has passed.
	639	+	SECTION 15. AMENDMENT. Section 37-17.1-22 of the North Dakota Century Code is
	640	+	amended and reenacted as follows:
298	641		37-17.1-22. Disaster or emergency response and recovery costs.
299		-	Whenever the governor declares a state of disaster or emergency in accordance with section
300		-	37-17.1-05, or when the governor enters into an agreement with the federal government following a
301		-	disaster or emergency declared by the president of the United States, the director of the division of
302		-	homeland security and emergency management shall determine and record the costs of the state
303		-	response and recovery operations in accordance with an agreement with the federal government or in
304		-	accordance with procedures established by the governor in the case of a state-declared disaster or
305		-	emergency. Immediately following the response or recovery operations, or prior thereto if determined
306		-	necessary by the governor, the governor may apply to the state emergency commission for a grant of
307		-	funds in an amount equal to the response and recovery costs of the state. Notwithstanding other
308		-	provisions of chapter 54-16, it must be conclusively presumed upon receipt by the emergency
309		-	commission of the application from the governor that a disaster or emergency exists, and the
310		-	commission may grant and direct the transfer to the department of the governor designated
311		-	representative of an amount up to that certified in the application by the governor.
312		-	SECTION 16. AMENDMENT. Subsection 3 of section 37-17.1-28 of the North Dakota Century
313		-	Code is amended and reenacted as follows:
314		-	3.Upon authorization by the governor and approval of costs by the director of the division of
315		-	homeland security and emergency management, expenses incurred in meeting a contingency H. B. NO. 1079 - PAGE 8
316		-	or emergency arising from a wide area search and rescue operation may be reimbursed under
317		-	section 37-17.1-22 or 37-17.1-27.
318		-	SECTION 17. AMENDMENT. Section 37-17.3-01 of the North Dakota Century Code is amended
319		-	and reenacted as follows:
	642	+	Whenever the governor declares a state of disaster or emergency in accordance with
	643	+	section 37-17.1-05, or when the governor enters into an agreement with the federal government
	644	+	following a disaster or emergency declared by the president of the United States, the director of
	645	+	the division of homeland security and emergency management shall determine and record the
	646	+	costs of the state response and recovery operations in accordance with an agreement with the
	647	+	federal government or in accordance with procedures established by the governor in the case of
	648	+	a state-declared disaster or emergency. Immediately following the response or recovery
	649	+	operations, or prior thereto if determined necessary by the governor, the governor may apply to
	650	+	the state emergency commission for a grant of funds in an amount equal to the response and
	651	+	recovery costs of the state. Notwithstanding other provisions of chapter 54-16, it must be
	652	+	conclusively presumed upon receipt by the emergency commission of the application from the
	653	+	governor that a disaster or emergency exists, and the commission may grant and direct the
	654	+	transfer to the department of the governor designated representative of an amount up to that
	655	+	certified in the application by the governor.
	656	+	SECTION 16. AMENDMENT. Subsection 3 of section 37-17.1-28 of the North Dakota
	657	+	Century Code is amended and reenacted as follows:
	658	+	3.Upon authorization by the governor and approval of costs by the director of the
	659	+	division of homeland security and emergency management, expenses incurred in
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	692	+	meeting a contingency or emergency arising from a wide area search and rescue
	693	+	operation may be reimbursed under section 37-17.1-22 or 37-17.1-27.
	694	+	SECTION 17. AMENDMENT. Section 37-17.3-01 of the North Dakota Century Code is
	695	+	amended and reenacted as follows:
320	696		37-17.3-01. Definitions.
321	697		As used in this chapter, unless the context otherwise requires:
322		-	1."Director" means the director of the division of the state radioemergency ~~communications~~
323		-	center.
324		-	2."Division" means the division of the state radioemergency communications center of ~~the~~
325		-	department of emergency services.
	698	+	1."Director" means the director of the division of the state radioemergency
	699	+	communications center.
	700	+	2."Division" means the division of the state radioemergency communications center of
	701	+	the department of emergency services.
326	702		3."Mobile radio" means a radio capable of transmitting eleven watts or greater.
327		-	4."System" means the state radio broadcasting system consisting of the state radio ~~network and~~
328		-	North Dakota telecommunications system that may be employed to ~~enhance interoperable~~
329		-	communications that promotes officer and citizen safety.
330		-	SECTION 18. AMENDMENT. Subsection 1 of section 37-17.3-02.2 of the North Dakota ~~Century~~
331		-	Code is amended and reenacted as follows:
	703	+	4."System" means the state radio broadcasting system consisting of the state radio
	704	+	network and North Dakota telecommunications system that may be employed to
	705	+	enhance interoperable communications that promotes officer and citizen safety.
	706	+	SECTION 18. AMENDMENT. Subsection 1 of section 37-17.3-02.2 of the North Dakota
	707	+	Century Code is amended and reenacted as follows:
332	708		1.The statewide interoperability executive committee consists of:
333	709		a.The director of the state radioemergency communications center or a designee;
334		-	b.The director of the division of homeland security and emergency management or a
335		-	designee;
	710	+	b.The director of the division of homeland security and emergency management or
	711	+	a designee;
336	712		c.The superintendent of the highway patrol or a designee;
337	713		d.The adjutant general or a designee;
338	714		e.The director of the department of transportation or a designee;
339	715		f.A representative of the North Dakota sheriff's and deputies association;
340	716		g.A representative of the North Dakota emergency managers association;
341	717		h.A representative of the North Dakota fire chiefs association;
342	718		i.A representative of the North Dakota emergency medical services association;
343	719		j.A representative of the North Dakota police chiefs association;
344	720		k.A representative of the North Dakota peace officers association;
345	721		l.A representative of the North Dakota 911 association;
346	722		m.A representative of the North Dakota association of counties;
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347	756		n.A representative of the North Dakota league of cities;
348	757		o.The North Dakota chief information officer or a designee;
349		-	p.The North Dakota Indian affairs commission executive director or a designee; ~~H. B. NO. 1079 - PAGE 9~~
350		-	q.One member of the North Dakota house of representatives and one member of ~~the North~~
351		-	Dakota senate appointed by the legislative management;
	758	+	p.The North Dakota Indian affairs commission executive director or a designee;
	759	+	q.One member of the North Dakota house of representatives and one member of
	760	+	the North Dakota senate appointed by the legislative management;
352	761		r.The director of the game and fish department or a designee; and
353	762		s.The state health officer or a designee.
354		-	SECTION 19. AMENDMENT. Section 37-17.3-08 of the North Dakota Century Code is ~~amended~~
355		-	and reenacted as follows:
	763	+	SECTION 19. AMENDMENT. Section 37-17.3-08 of the North Dakota Century Code is
	764	+	amended and reenacted as follows:
356	765		37-17.3-08. State radioemergency communications center system and service fees.
357		-	1.The director shall establish the appropriate fees for access to the state radioemergency
358		-	communications center system and North Dakota law enforcement telecommunications
359		-	systems and other such systems that may be employed that enhance public safety. Changes
360		-	to fees charged by the division, including schedule of charges for counties and cities, will take
361		-	effect on July first. The director shall announce any fee increases a minimum of one year
362		-	before the effective date. When the director considers an adjustment, as a part of the process
363		-	the director shall consult with representatives of state and local units of government before
364		-	setting fees. The director may consider economic conditions and the general economy when
365		-	setting fees. The director shall deposit all revenue obtained under this chapter with the state
366		-	treasurer for deposit in the state radioemergency communications center broadcasting system
367		-	operating account. The state radioemergency communications center broadcasting system
368		-	operating account must be expended pursuant to legislative appropriation for the operation
369		-	and maintenance of the system.
370		-	2.Each county and city law enforcement department that accesses the North Dakota teletype
371		-	system shall pay a fee levied on a per terminal basis. Other law enforcement affiliated
372		-	organizations and federal agencies will pay one hundred percent of the actual costs incurred
373		-	by the division for providing the service. Fees will be levied on a per terminal basis. State
374		-	general fund agencies that access the system will not incur any fees for the service. City and
375		-	county law enforcement fees will be based on the following schedule of charges per terminal:
	766	+	1.The director shall establish the appropriate fees for access to the state
	767	+	radioemergency communications center system and North Dakota law enforcement
	768	+	telecommunications systems and other such systems that may be employed that
	769	+	enhance public safety. Changes to fees charged by the division, including schedule of
	770	+	charges for counties and cities, will take effect on July first. The director shall
	771	+	announce any fee increases a minimum of one year before the effective date. When
	772	+	the director considers an adjustment, as a part of the process the director shall consult
	773	+	with representatives of state and local units of government before setting fees. The
	774	+	director may consider economic conditions and the general economy when setting
	775	+	fees. The director shall deposit all revenue obtained under this chapter with the state
	776	+	treasurer for deposit in the state radioemergency communications center broadcasting
	777	+	system operating account. The state radioemergency communications center
	778	+	broadcasting system operating account must be expended pursuant to legislative
	779	+	appropriation for the operation and maintenance of the system.
	780	+	2.Each county and city law enforcement department that accesses the North Dakota
	781	+	teletype system shall pay a fee levied on a per terminal basis. Other law enforcement
	782	+	affiliated organizations and federal agencies will pay one hundred percent of the actual
	783	+	costs incurred by the division for providing the service. Fees will be levied on a per
	784	+	terminal basis. State general fund agencies that access the system will not incur any
	785	+	fees for the service. City and county law enforcement fees will be based on the
	786	+	following schedule of charges per terminal:
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376	820		a.County population of less than five thousand shall pay forty dollars per month.
377		-	b.County population of five thousand or more but less than ten thousand shall pay ~~eighty~~
378		-	dollars per month.
379		-	c.County population of ten thousand or more but less than fifteen thousand shall ~~pay one~~
380		-	hundred twenty dollars per month.
381		-	d.County population of fifteen thousand or more but less than twenty-five thousand ~~shall~~
382		-	pay one hundred sixty dollars per month.
383		-	e.County population of twenty-five thousand or more shall pay two hundred dollars ~~per~~
384		-	month.
385		-	SECTION 20. AMENDMENT. Subdivision c of subsection 2 of section 39-01-01 of the North ~~Dakota~~
386		-	Century Code is amended and reenacted as follows:
	821	+	b.County population of five thousand or more but less than ten thousand shall pay
	822	+	eighty dollars per month.
	823	+	c.County population of ten thousand or more but less than fifteen thousand shall
	824	+	pay one hundred twenty dollars per month.
	825	+	d.County population of fifteen thousand or more but less than twenty-five thousand
	826	+	shall pay one hundred sixty dollars per month.
	827	+	e.County population of twenty-five thousand or more shall pay two hundred dollars
	828	+	per month.
	829	+	SECTION 20. AMENDMENT. Subdivision c of subsection 2 of section 39-01-01 of the North
	830	+	Dakota Century Code is amended and reenacted as follows:
387	831		c."Class C" authorized emergency vehicles means:
388	832		(1)Vehicles used by the state division of homeland security and emergency
389	833		management or local division of emergency management organizations.
390		-	(2)Vehicles used by volunteer firefighters while performing their assigned disaster and
391		-	emergency responsibilities.
392		-	(3)Vehicles, other than ambulances, used by emergency medical services personnel. H. B. NO. 1079 - PAGE 10
	834	+	(2)Vehicles used by volunteer firefighters while performing their assigned
	835	+	disaster and emergency responsibilities.
	836	+	(3)Vehicles, other than ambulances, used by emergency medical services
	837	+	personnel.
393	838		(4)Vehicles used by volunteer search and rescue personnel if performing an
394		-	emergency operation or duty upon the request of a state entity, political subdivision,
395		-	or volunteer fire department. A volunteer organization may classify a personal
396		-	vehicle as a class C emergency vehicle if needed to assist in a search and rescue
397		-	operation in accordance with this paragraph. As used in this paragraph, "search and
398		-	rescue" means deployment, coordination, and use of available resources and
399		-	personnel in locating, relieving the distress, and preserving the life of and removing
400		-	an individual who is missing, trapped, or lost in the backcountry, remote areas, or
401		-	waters of the state. The term includes water and dive rescue.
402		-	SECTION 21. AMENDMENT. Section 39-03-13.2 of the North Dakota Century Code is amended
403		-	and reenacted as follows:
	839	+	emergency operation or duty upon the request of a state entity, political
	840	+	subdivision, or volunteer fire department. A volunteer organization may
	841	+	classify a personal vehicle as a class C emergency vehicle if needed to
	842	+	assist in a search and rescue operation in accordance with this paragraph.
	843	+	As used in this paragraph, "search and rescue" means deployment,
	844	+	coordination, and use of available resources and personnel in locating,
	845	+	relieving the distress, and preserving the life of and removing an individual
	846	+	who is missing, trapped, or lost in the backcountry, remote areas, or waters
	847	+	of the state. The term includes water and dive rescue.
	848	+	SECTION 21. AMENDMENT. Section 39-03-13.2 of the North Dakota Century Code is
	849	+	amended and reenacted as follows:
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404	882		39-03-13.2. Silver alert notice system.
405		-	The superintendent, in cooperation with the bureau of criminal investigation and the division of the
406		-	state radioemergency communications center of the department of emergency services, shall establish
407		-	a silver alert notice system to activate an urgent bulletin using the emergency alert system to air a
408		-	description of a disabled adult or vulnerable elderly adult as defined in section 12.1-31-07 or a minor
409		-	who has a developmental disability as defined in section 25-01.2-01, who has been reported to law
410		-	enforcement as missing and to aid in the location of that individual.
411		-	SECTION 22. AMENDMENT. Section 54-12-22 of the North Dakota Century Code is amended and
412		-	reenacted as follows:
	883	+	The superintendent, in cooperation with the bureau of criminal investigation and the division
	884	+	of the state radioemergency communications center of the department of emergency services,
	885	+	shall establish a silver alert notice system to activate an urgent bulletin using the emergency
	886	+	alert system to air a description of a disabled adult or vulnerable elderly adult as defined in
	887	+	section 12.1-31-07 or a minor who has a developmental disability as defined in section
	888	+	25-01.2-01, who has been reported to law enforcement as missing and to aid in the location of
	889	+	that individual.
	890	+	SECTION 22. AMENDMENT. Section 54-12-22 of the North Dakota Century Code is
	891	+	amended and reenacted as follows:
413	892		54-12-22. Accessibility of sexual offender and crimes against children registration
414	893		information.
415		-	The attorney general shall provide to a law enforcement dispatch center access to registration
416		-	information on individuals required to register under section 12.1-32-15 through any feasible electronic
417		-	means that includes direct access to a computerized registration information database. The attorney
418		-	general shall provide the information in a form that is referenced by driver's license number or number
419		-	plate characters. The department of transportation shall provide the necessary information to the
420		-	attorney general in any feasible form requested by the attorney general. The attorney general may
421		-	require the cooperation of the state radioemergency communications center broadcasting system to
422		-	provide the access required by this section.
423		-	SECTION 23. AMENDMENT. Subsection 2 of section 54-12-32 of the North Dakota Century Code
424		-	is amended and reenacted as follows:
425		-	2.The bureau of criminal investigation, in cooperation with the highway patrol and the division of
426		-	the state radioemergency communications center of the department of emergency services,
427		-	shall prepare an operational plan to prepare for and respond to requests for activation of a
428		-	blue alert notice.
429		-	SECTION 24. AMENDMENT. Subsection 1 of section 57-40.6-12 of the North Dakota Century
430		-	Code is amended and reenacted as follows:
431		-	1.The governing body of a city or county, which adopted a fee on assessed communications
432		-	services under this chapter, shall make a report of the income, expenditures, and status of its
433		-	emergency services communication system. The report must be submitted to the emergency
434		-	services communications coordinating committee in the format requested by the committee.
435		-	The committee is composed of four members, one appointed by the North Dakota 911
436		-	association, one appointed by the North Dakota association of counties, one appointed by the
437		-	chief information officer of the state, and one appointed by the adjutant general to represent
438		-	the division of the state radioemergency communications center. H. B. NO. 1079 - PAGE 11
439		-	SECTION 25. AMENDMENT. Subsection 3 of section 61-16.2-03 of the North Dakota Century
440		-	Code is amended and reenacted as follows:
441		-	3.Assist communities and districts in their floodplain management activities within the limits of
442		-	available appropriations and personnel in cooperation with the division of homeland security
443		-	and emergency management.
444		-	SECTION 26. AMENDMENT. Section 65-06-01 of the North Dakota Century Code is amended and
445		-	reenacted as follows:
446		-	65-06-01. Volunteer firefighter, emergency or disaster volunteer, community emergency
447		-	response team member, in training defined.
	894	+	The attorney general shall provide to a law enforcement dispatch center access to
	895	+	registration information on individuals required to register under section 12.1-32-15 through any
	896	+	feasible electronic means that includes direct access to a computerized registration information
	897	+	database. The attorney general shall provide the information in a form that is referenced by
	898	+	driver's license number or number plate characters. The department of transportation shall
	899	+	provide the necessary information to the attorney general in any feasible form requested by the
	900	+	attorney general. The attorney general may require the cooperation of the state radioemergency
	901	+	communications center broadcasting system to provide the access required by this section.
	902	+	SECTION 23. AMENDMENT. Subsection 2 of section 54-12-32 of the North Dakota
	903	+	Century Code is amended and reenacted as follows:
	904	+	2.The bureau of criminal investigation, in cooperation with the highway patrol and the
	905	+	division of the state radioemergency communications center of the department of
	906	+	emergency services, shall prepare an operational plan to prepare for and respond to
	907	+	requests for activation of a blue alert notice.
	908	+	SECTION 24. AMENDMENT. Subsection 1 of section 57-40.6-12 of the North Dakota
	909	+	Century Code is amended and reenacted as follows:
	910	+	1.The governing body of a city or county, which adopted a fee on assessed
	911	+	communications services under this chapter, shall make a report of the income,
	912	+	expenditures, and status of its emergency services communication system. The report
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	946	+	must be submitted to the emergency services communications coordinating committee
	947	+	in the format requested by the committee. The committee is composed of four
	948	+	members, one appointed by the North Dakota 911 association, one appointed by the
	949	+	North Dakota association of counties, one appointed by the chief information officer of
	950	+	the state, and one appointed by the adjutant general to represent the division of the
	951	+	state radioemergency communications center.
	952	+	SECTION 25. AMENDMENT. Subsection 3 of section 61-16.2-03 of the North Dakota
	953	+	Century Code is amended and reenacted as follows:
	954	+	3.Assist communities and districts in their floodplain management activities within the
	955	+	limits of available appropriations and personnel in cooperation with the division of
	956	+	homeland security and emergency management.
	957	+	SECTION 26. AMENDMENT. Section 65-06-01 of the North Dakota Century Code is
	958	+	amended and reenacted as follows:
	959	+	65-06-01. Volunteer firefighter, emergency or disaster volunteer, community
	960	+	emergency response team member, in training defined.
448	961		The term "volunteer firefighter" means any active member of an organized volunteer fire
449		-	department of this state and any other individual performing services as a volunteer firefighter for a
450		-	municipality at the request of the chief or other individual in command of the fire department of that
451		-	municipality or of any other officer of that municipality having authority to demand service as a
452		-	firefighter. Firefighters who are paid a regular wage or stipend by the municipality for serving as a
453		-	firefighter, or whose entire time is devoted to service as a firefighter for the municipality, for the purpose
454		-	of this chapter, are not volunteer firefighters.
455		-	The term "emergency or disaster volunteer" means any individual serving without remuneration
456		-	who is actively engaged in training to qualify as a disaster emergency worker or is responding to a
457		-	hazard, emergency disaster, or enemy attack on this country, and who is registered with the disaster
458		-	emergency organization of a municipality, which has been officially recognized by the director of the
459		-	state division of homeland security and emergency management.
460		-	The term "in training" means only those periods of time, during which an emergency or disaster
461		-	volunteer is receiving instruction, or is engaged in exercises or operations, in preparation for
462		-	qualification as a disaster emergency worker in the event of a hazard, emergency, disaster, or enemy
463		-	attack on this country.
464		-	The term "community emergency response team member" means an individual registered as a
465		-	community emergency response team member with the appropriate authority. For purposes of this
466		-	chapter, a community emergency response team member is acting as a community emergency
467		-	response team member only when the individual is receiving approved community emergency
468		-	response team training or is acting as a member of a community emergency response team in an
469		-	emergency or disaster.
470		-	Upon request of the organization, the disaster emergency organization of a municipality shall
471		-	provide the organization with its roster of registered community emergency response team members.
472		-	The term "municipality" when used in reference to emergency or disaster volunteer means the
473		-	state, cities, counties, municipalities, districts, or any other geographical entity of this state. This
474		-	definition is not in any way intended to alter any interpretation or ruling in regard to the use of the term
475		-	municipality when used in reference to volunteer firefighters. H. B. NO. 1079 - PAGE 12
476		-	____________________________ ____________________________
477		-	Speaker of the House President of the Senate
478		-	____________________________ ____________________________
479		-	Chief Clerk of the House Secretary of the Senate
480		-	This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
481		-	Assembly of North Dakota and is known on the records of that body as House Bill No. 1079.
482		-	House Vote: Yeas 93 Nays 0 Absent 1
483		-	Senate Vote:Yeas 46 Nays 1 Absent 0
484		-	____________________________
485		-	Chief Clerk of the House
486		-	Received by the Governor at ________M. on _____________________________________, 2025.
487		-	Approved at ________M. on __________________________________________________, 2025.
488		-	____________________________
489		-	Governor
490		-	Filed in this office this ___________day of _______________________________________, 2025,
491		-	at ________ o’clock ________M.
492		-	____________________________
493		-	Secretary of State
	962	+	department of this state and any other individual performing services as a volunteer firefighter
	963	+	for a municipality at the request of the chief or other individual in command of the fire
	964	+	department of that municipality or of any other officer of that municipality having authority to
	965	+	demand service as a firefighter. Firefighters who are paid a regular wage or stipend by the
	966	+	municipality for serving as a firefighter, or whose entire time is devoted to service as a firefighter
	967	+	for the municipality, for the purpose of this chapter, are not volunteer firefighters.
	968	+	The term "emergency or disaster volunteer" means any individual serving without
	969	+	remuneration who is actively engaged in training to qualify as a disaster emergency worker or is
	970	+	responding to a hazard, emergency disaster, or enemy attack on this country, and who is
	971	+	registered with the disaster emergency organization of a municipality, which has been officially
	972	+	recognized by the director of the state division of homeland security and emergency
	973	+	management.
	974	+	The term "in training" means only those periods of time, during which an emergency or
	975	+	disaster volunteer is receiving instruction, or is engaged in exercises or operations, in
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	1006	+	30 Sixty-ninth
	1007	+	Legislative Assembly
	1008	+	preparation for qualification as a disaster emergency worker in the event of a hazard,
	1009	+	emergency, disaster, or enemy attack on this country.
	1010	+	The term "community emergency response team member" means an individual registered
	1011	+	as a community emergency response team member with the appropriate authority. For
	1012	+	purposes of this chapter, a community emergency response team member is acting as a
	1013	+	community emergency response team member only when the individual is receiving approved
	1014	+	community emergency response team training or is acting as a member of a community
	1015	+	emergency response team in an emergency or disaster.
	1016	+	Upon request of the organization, the disaster emergency organization of a municipality
	1017	+	shall provide the organization with its roster of registered community emergency response team
	1018	+	members.
	1019	+	The term "municipality" when used in reference to emergency or disaster volunteer means
	1020	+	the state, cities, counties, municipalities, districts, or any other geographical entity of this state.
	1021	+	This definition is not in any way intended to alter any interpretation or ruling in regard to the use
	1022	+	of the term municipality when used in reference to volunteer firefighters.
	1023	+	Page No. 17 25.8105.01000
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