Sixty-ninth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 7, 2025
HOUSE BILL NO. 1079
(Government and Veterans Affairs Committee)
(At the request of the Adjutant General)
AN ACT to amend and reenact subdivision c of subsection 3 of section 12.1-31.2-02, subsection 1 of
section 20.1-06-07, sections 37-17.1-02.1 and 37-17.1-06, subsections 1 and 4 of section
37-17.1-07, subsections 1, 2, and 5 of section 37-17.1-07.1, subsections 2 and 3 of section
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
section 37-17.1-28, section 37-17.3-01, subsection 1 of section 37-17.3-02.2, section
37-17.3-08, subdivision c of subsection 2 of section 39-01-01, sections 39-03-13.2 and
54-12-22, subsection 2 of section 54-12-32, subsection 1 of section 57-40.6-12, subsection 3 of
section 61-16.2-03, and section 65-06-01 of the North Dakota Century Code, relating to the
renaming of divisions within the department of emergency services.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Subdivision c of subsection 3 of section 12.1-31.2-02 of the North
Dakota Century Code is amended and reenacted as follows:
c.Once the bureau, after consultation with the director of the state radioemergency
communications center, determines and implements a method to enter the order into the
national crime information center database provided by the federal bureau of
investigation, or its successor agency, the bureau shall enter the order electronically in
the national crime information center database provided by the federal bureau of
investigation, or its successor agency. This electronic entry will fulfill the law enforcement
agency's requirement to enter the order in the national crime information center database
provided by the federal bureau of investigation, or its successor agency, but will not fulfill
its requirement to maintain and respond to inquiries regarding the order in the national
crime information center database provided by the federal bureau of investigation, or its
successor agency.
SECTION 2. AMENDMENT. Subsection 1 of section 20.1-06-07 of the North Dakota Century Code
is amended and reenacted as follows:
1.A person may erect, have, or maintain on the ice in any waters of this state a fishhouse, used
or to be used while ice fishing, or a dark house, used or to be used for spearfishing. Fishhouse
and dark house owners are subject to the rules the director may adopt governing the
construction, maintenance, and use of these units. The outside of each unoccupied unit must
have inscribed on it, in readily distinguishable characters at least three inches [7.62
centimeters] high, the registration number issued by the department for the fishhouse, or the
owner's name and address or telephone number. An unoccupied fishhouse or dark house left
on the ice without a registration number, or an owner's name and address or telephone
number may be removed or destroyed by the department. The department may not issue a
fishhouse registration number, unless the division of the state radioemergency
communications center has integrated game and fish department license information into the
national law enforcement telecommunications system. Any person who violates this
subsection is guilty of a class 2 noncriminal offense.
SECTION 3. AMENDMENT. Section 37-17.1-02.1 of the North Dakota Century Code is amended
and reenacted as follows: H. B. NO. 1079 - PAGE 2
37-17.1-02.1. Department of emergency services.
The department of emergency services consists of a division of the state radioemergency
communications center, and a division of homeland security and emergency management. The adjutant
general is the director of the department. The adjutant general shall provide for shared administration of
both divisions. The adjutant general shall appoint a separate director of each division. A division director
serves at the pleasure of the adjutant general. The adjutant general shall fix the compensation of a
division director within limits of legislative appropriation.
SECTION 4. AMENDMENT. Section 37-17.1-06 of the North Dakota Century Code is amended and
reenacted as follows:
37-17.1-06. State division of homeland security and emergency management.
1.The division of homeland security and emergency management must have professional,
technical, secretarial, and clerical employees as necessary for the performance of its
functions. The director of the division shall fix the compensation of the staff in conformity with
state merit system regulations and may make such expenditures within the appropriations
therefor, or from other funds made available to the director for purposes of emergency
management, as may be necessary to carry out the purposes of this chapter.
2.The division of homeland security and emergency management shall prepare and maintain a
state disaster plan and keep it current, which plan may include provisions for:
a.Averting or minimizing the injury and damage caused by disasters or emergencies.
b.Prompt and effective response to a disaster or emergency.
c.Emergency relief.
d.Identification of areas particularly vulnerable to a disaster or emergency.
e.Recommendations for zoning, building, and other land use controls, safety measures for
securing mobile homes or other nonpermanent or semipermanent structures, and other
mitigation and preparedness measures.
f.Assistance to local officials in developing and maintaining local and regional emergency
management systems.
g.Authorization and procedures for the erection or other construction of temporary works
designed to protect against or mitigate danger, damage, or loss from any disaster or
emergency.
h.Preparation and distribution of emergency management assistance program guidance to
the appropriate state and local officials.
i.Organization of manpower and chains of command.
j.Coordination of federal, state, regional, and local emergency management activities.
k.Coordination of state disaster or emergency operations plans with the disaster or
emergency plans of the federal government.
l.Other necessary matters.
3.The division of homeland security and emergency management shall provide technical
assistance for the development and revision of local and regional disaster or emergency
operations plans prepared under section 37-17.1-07. H. B. NO. 1079 - PAGE 3
4.In preparing and revising state disaster or emergency plans, the division of homeland security
and emergency management shall seek the advice and assistance of local government,
business, labor, industry, agriculture, civic, and volunteer organizations and community
leaders. In advising local and regional emergency management organizations, the division
shall encourage them also to seek advice from these sources.
5.State disaster or emergency plans or any parts thereof have the force of law upon
implementation by the governor.
6.The division of homeland security and emergency management, in coordination with lead and
support agencies, shall:
a.Coordinate the procurement of supplies, materials, and equipment during disaster or
emergency operations.
b.Provide guidance and standards for local and regional disaster or emergency operational
plans.
c.Periodically review local and regional disaster or emergency operational plans.
d.Coordinate state or state and federal assistance to local and regional emergency
management organizations.
e.Establish and operate or assist local and regional emergency management organizations
to establish and operate training programs and programs for emergency public
information.
f.Make surveys of industries, resources, and facilities, within the state, both public and
private, as are necessary to carry out the purposes of this chapter. The use of sensitive
and proprietary logistical data submitted to the state in confidence by individual industries
and suppliers must be accorded full confidentiality and will be released only in aggregate
form.
g.Plan and make arrangements for the availability and use of any private facilities,
services, and property, and, if necessary and if in fact used, coordinate payment for that
use under terms and conditions agreed upon.
h.Establish access to a register of persons with types of training and skills important in
prevention, mitigation, preparedness, response, and recovery.
i.Establish access to a register of equipment and facilities available for use in a disaster or
emergency.
j.Prepare, for issuance by the governor, executive orders, proclamations, and guidance as
necessary or appropriate in managing a disaster or emergency.
k.Coordinate and may enter agreements with the federal government and any public or
private agency or entity in achieving any purpose of this chapter and in implementing
programs for disaster mitigation, preparation, response, and recovery.
l.Be the state search and rescue coordinating agency, establish access to a register of
search and rescue equipment and personnel in the state, and plan for its effective
utilization.
m.Do other things necessary, incidental, or appropriate for the implementation of this
chapter.
7.The division of homeland security and emergency management shall serve as a central
information dissemination point and repository for initial notification information for spills and H. B. NO. 1079 - PAGE 4
discharges in the state for hazardous chemicals as defined in section 37-17.1-07.1, oil, gas,
and saltwater. The division shall develop processes to ensure proper state and federal
agencies that have oversight responsibilities are promptly notified. The division shall also
provide notice to local emergency management officials within a time that is consistent with
the level of emergency.
SECTION 5. AMENDMENT. Subsection 1 of section 37-17.1-07 of the North Dakota Century Code
is amended and reenacted as follows:
1.All areas of the state are within the jurisdiction of and must be served by the division of
homeland security and emergency management or by a local or multicounty emergency
management organization.
SECTION 6. AMENDMENT. Subsection 4 of section 37-17.1-07 of the North Dakota Century Code
is amended and reenacted as follows:
4.The mayor of or the president of the board of city commissioners in a city with an emergency
management organization and the chairman of the board of county commissioners shall notify
the division of homeland security and emergency management of the manner in which the city
and the county are providing or securing emergency management activities, identify each
individual who will coordinate the activities of the local emergency management organization,
and furnish additional information relating thereto as the division requires.
SECTION 7. AMENDMENT. Subsection 1 of section 37-17.1-07.1 of the North Dakota Century
Code is amended and reenacted as follows:
1.Program components.
a.The governor shall appoint members of the state emergency response commission to
carry out the commission's responsibilities as outlined in Public Law 99-499, 42 U.S.C.
11001, et seq., also referred to as SARA title III, and the responsibilities of the
commission members as outlined in the North Dakota emergency operations plan.
b.In conjunction with the state emergency response commission, the local emergency
planning committees, as appointed by the boards of county commissioners, and the local
emergency management organizations shall coordinate the development and
maintenance of a state hazardous chemicals preparedness and response program.
c.The director of the division of homeland security and emergency management shall
serve as the chairman of the state emergency response commission. In the absence of
the chairman, the designated vice chairman shall serve as chairman. The state
emergency response commission by vote will select the vice chairman to fulfill a two-year
term. The chairman shall recognize the assignment of representatives to the commission
who are designated through a delegation of authority by a member. The chairman shall
designate a commission secretary, solely for the purpose of documenting and distributing
clerical proceedings, from the staff of the division of homeland security and emergency
management.
d.For the purpose of complying with the reporting requirements set forth in sections 302,
304, 311, 312, and 313 of Public Law 99-499, 42 U.S.C. 11001, et seq., also referred to
as SARA title III, the owner and operator of any facility, as defined in SARA title III, shall
submit those reports to the North Dakota division of homeland security and emergency
management as required by SARA title III, which shall establish and maintain the state
repository for these reports.
e.For purposes of monitoring, determining if emergency response may be required, and
notifying local officials, owners and operators or responsible parties shall report all spills
or discharges to the appropriate state agency as required by law. The report must include H. B. NO. 1079 - PAGE 5
the name of the reporting party, including phone number and address; date; time of
release; location of release; containment status; name of the chemical, if waterways are
involved; and immediate potential threat. If the release occurs or travels offsite from a
facility, the owner and operator or responsible party shall notify the surface owner within
a reasonable time. State agencies that receive direct reports of spills or discharges shall
provide the report information to the division within a time that is consistent with potential
level of response needed.
SECTION 8. AMENDMENT. Subsection 2 of section 37-17.1-07.1 of the North Dakota Century
Code is amended and reenacted as follows:
2.Establishment of funds.
a.There is created in the state treasury a nonlapsing restricted account to be known as a
state hazardous chemicals preparedness and response fund. The fund consists of
revenue collected from the state hazardous chemical fee system and funds appropriated
by the legislative assembly. Moneys in the fund shall be appropriated biennially to the
division of homeland security and emergency management for carrying out the purposes,
goals, and objectives of SARA title III, and the state hazardous chemicals preparedness
and response program.
b.The county treasurer of each county shall establish a nonlapsing restricted account, to be
known as the county hazardous chemicals preparedness and response account. The
county hazardous chemicals preparedness and response account consists of revenue
from the state hazardous chemicals fee system, county, federal or state funds, grants,
and any private donations provided to finance the county hazardous chemicals
preparedness and response program.
c.Each owner and operator of a facility, as defined in SARA title III, shall pay an annual
hazardous chemicals fee to the division of homeland security and emergency
management by March first of each year. The fee is twenty-five dollars for each chemical
within the meaning of title 40, Code of Federal Regulations, part 355.20, or its successor
which is required under section 312 of SARA title III, to be listed on the hazardous
chemical inventory form (tier II) which the owner or operator must submit to the division.
The federal requirements must be used for completing the tier II form, including the
threshold amounts, as outlined in title 40, Code of Federal Regulations, part 20. The
maximum fee for a facility under this section is four hundred seventy-five dollars. The
director of the homeland security and emergency management division may impose fees
for both late filing of reports and late payment of fees. A late fee must equal the amount
of the hazardous chemicals fee owed under this subdivision. After six months the director
shall process further violations under willful violations in subsection 4. The division of
homeland security and emergency management shall transfer to the county hazardous
chemicals preparedness and response account one-half of the regular fees collected
from the state's hazardous chemicals fee system.
d.The owners or operators of family farm enterprises that are not engaged in the retail or
wholesale of hazardous chemicals and facilities owned by the state or local governments
are exempt from the fee under subdivision c. For purposes of this section, the terms
"family farm" and "farmer" have the same meaning as set forth in section 6-09.11-01.
e.The state and county governments are authorized to accept and may deposit grants,
gifts, and federal funds into the hazardous chemicals preparedness and response fund
and accounts for the purpose of carrying out the hazardous chemicals preparedness and
response programs to include training, exercising, equipment, response, and salaries,
and local emergency planning committee member stipends not to exceed thirty percent
of state per diem per meeting attended. In lieu of stipends the committee chairman may
provide a meal or refreshments other than alcoholic beverages. H. B. NO. 1079 - PAGE 6
f."Hazardous chemical" means as defined in title 40, Code of Federal Regulations, part
355.20 and title 29, Code of Federal Regulations, part 1910.1200.
g.The state hazardous chemicals fee system does not supersede a city fee system for
hazardous chemicals.
SECTION 9. AMENDMENT. Subsection 5 of section 37-17.1-07.1 of the North Dakota Century
Code is amended and reenacted as follows:
5.If the director of the division of homeland security and emergency management determines
that a violation of this chapter has occurred, the director shall make all evidence available to
the attorney general for use in any remedial action the attorney general's office determines
appropriate, including injunctive relief. Nothing in this section may be construed to deny use of
the remedies authorized under chapter 32-40.
SECTION 10. AMENDMENT. Subsection 2 of section 37-17.1-11 of the North Dakota Century Code
is amended and reenacted as follows:
2.The water commission and department of water resources, in conjunction with the division of
homeland security and emergency management, shall keep land uses and construction of
structures and other facilities under continuing study and identify areas that are particularly
susceptible to severe land shifting, subsidence, flood, or other catastrophic occurrence. The
studies under this subsection must concentrate on means of reducing or avoiding the dangers
caused by severe land shifting, subsidence, flood, or other catastrophic occurrence, or the
consequences of severe land shifting, subsidence, flood, or other catastrophic occurrence.
SECTION 11. AMENDMENT. Subsection 3 of section 37-17.1-11 of the North Dakota Century Code
is amended and reenacted as follows:
3.If the division of homeland security and emergency management determines, in coordination
with lead and support agencies, on the basis of the studies or other competent evidence, that
an area is susceptible to a disaster of catastrophic proportions without adequate warning;
existing building standards and land use controls in that area are inadequate and could add
substantially to the magnitude of the disaster or emergency; and changes in zoning
regulations, other land use regulations, or building requirements are needed in order to further
the purposes of this section, it shall specify the essential changes to the governor. If the
governor, upon review of the determination, finds after public hearing, that the changes are
essential, the governor shall so recommend to the agencies or local governments with
jurisdiction over that area and subject matter. If no action or insufficient action pursuant to the
governor's recommendations is taken within the time specified by the governor, the governor
shall so inform the legislative assembly and request legislative action appropriate to mitigate
the impact of the disaster or emergency.
SECTION 12. AMENDMENT. Section 37-17.1-14 of the North Dakota Century Code is amended
and reenacted as follows:
37-17.1-14. Mutual aid.
1.Counties and cities must be encouraged and assisted by the division of homeland security
and emergency management to conclude suitable arrangements for furnishing mutual aid in
emergency management. The arrangements must include provision of aid by persons and
units in public employ.
2.In review of local disaster or emergency plans, the division of homeland security and
emergency management shall consider whether they contain adequate provisions for the
rendering and receipt of mutual aid. H. B. NO. 1079 - PAGE 7
SECTION 13. AMENDMENT. Section 37-17.1-14.1 of the North Dakota Century Code is amended
and reenacted as follows:
37-17.1-14.1. Mutual aid - Cooperation.
1.The division of homeland security and emergency management shall encourage and assist
political subdivisions to enter mutual aid agreements with other public and private agencies
within the state for reciprocal aid and assistance in responding to and recovering from actual
and potential disasters or emergencies.
2.In reviewing emergency operations plans and programs of political subdivisions, the division of
homeland security and emergency management shall consider whether the plans and
programs contain adequate provisions for mutual aid.
3.Local emergency management organizations may assist in negotiation of mutual aid
agreements between the governor and an adjoining state or province or a political subdivision
of a province and shall carry out arrangements of any such agreements relating to the local
political subdivision.
SECTION 14. AMENDMENT. Section 37-17.1-15 of the North Dakota Century Code is amended
and reenacted as follows:
37-17.1-15. Weather modification.
The division of homeland security and emergency management shall keep continuously apprised of
weather conditions which present danger of precipitation or other climatic activity severe enough to
constitute a disaster. If the division determines that precipitation resulting from weather modification
operations, either by itself or in conjunction with other precipitation or climatic conditions or activity,
would create or contribute to the severity of a disaster, the division shall direct the officer or agency
empowered to issue permits for weather modification operations to suspend the issuance of the
permits. No permits may be issued until the division informs the officer or agency that the danger has
passed.
SECTION 15. AMENDMENT. Section 37-17.1-22 of the North Dakota Century Code is amended
and reenacted as follows:
37-17.1-22. Disaster or emergency response and recovery costs.
Whenever the governor declares a state of disaster or emergency in accordance with section
37-17.1-05, or when the governor enters into an agreement with the federal government following a
disaster or emergency declared by the president of the United States, the director of the division of
homeland security and emergency management shall determine and record the costs of the state
response and recovery operations in accordance with an agreement with the federal government or in
accordance with procedures established by the governor in the case of a state-declared disaster or
emergency. Immediately following the response or recovery operations, or prior thereto if determined
necessary by the governor, the governor may apply to the state emergency commission for a grant of
funds in an amount equal to the response and recovery costs of the state. Notwithstanding other
provisions of chapter 54-16, it must be conclusively presumed upon receipt by the emergency
commission of the application from the governor that a disaster or emergency exists, and the
commission may grant and direct the transfer to the department of the governor designated
representative of an amount up to that certified in the application by the governor.
SECTION 16. AMENDMENT. Subsection 3 of section 37-17.1-28 of the North Dakota Century
Code is amended and reenacted as follows:
3.Upon authorization by the governor and approval of costs by the director of the division of
homeland security and emergency management, expenses incurred in meeting a contingency H. B. NO. 1079 - PAGE 8
or emergency arising from a wide area search and rescue operation may be reimbursed under
section 37-17.1-22 or 37-17.1-27.
SECTION 17. AMENDMENT. Section 37-17.3-01 of the North Dakota Century Code is amended
and reenacted as follows:
37-17.3-01. Definitions.
As used in this chapter, unless the context otherwise requires:
1."Director" means the director of the division of the state radioemergency communications
center.
2."Division" means the division of the state radioemergency communications center of the
department of emergency services.
3."Mobile radio" means a radio capable of transmitting eleven watts or greater.
4."System" means the state radio broadcasting system consisting of the state radio network and
North Dakota telecommunications system that may be employed to enhance interoperable
communications that promotes officer and citizen safety.
SECTION 18. AMENDMENT. Subsection 1 of section 37-17.3-02.2 of the North Dakota Century
Code is amended and reenacted as follows:
1.The statewide interoperability executive committee consists of:
a.The director of the state radioemergency communications center or a designee;
b.The director of the division of homeland security and emergency management or a
designee;
c.The superintendent of the highway patrol or a designee;
d.The adjutant general or a designee;
e.The director of the department of transportation or a designee;
f.A representative of the North Dakota sheriff's and deputies association;
g.A representative of the North Dakota emergency managers association;
h.A representative of the North Dakota fire chiefs association;
i.A representative of the North Dakota emergency medical services association;
j.A representative of the North Dakota police chiefs association;
k.A representative of the North Dakota peace officers association;
l.A representative of the North Dakota 911 association;
m.A representative of the North Dakota association of counties;
n.A representative of the North Dakota league of cities;
o.The North Dakota chief information officer or a designee;
p.The North Dakota Indian affairs commission executive director or a designee; H. B. NO. 1079 - PAGE 9
q.One member of the North Dakota house of representatives and one member of the North
Dakota senate appointed by the legislative management;
r.The director of the game and fish department or a designee; and
s.The state health officer or a designee.
SECTION 19. AMENDMENT. Section 37-17.3-08 of the North Dakota Century Code is amended
and reenacted as follows:
37-17.3-08. State radioemergency communications center system and service fees.
1.The director shall establish the appropriate fees for access to the state radioemergency
communications center system and North Dakota law enforcement telecommunications
systems and other such systems that may be employed that enhance public safety. Changes
to fees charged by the division, including schedule of charges for counties and cities, will take
effect on July first. The director shall announce any fee increases a minimum of one year
before the effective date. When the director considers an adjustment, as a part of the process
the director shall consult with representatives of state and local units of government before
setting fees. The director may consider economic conditions and the general economy when
setting fees. The director shall deposit all revenue obtained under this chapter with the state
treasurer for deposit in the state radioemergency communications center broadcasting system
operating account. The state radioemergency communications center broadcasting system
operating account must be expended pursuant to legislative appropriation for the operation
and maintenance of the system.
2.Each county and city law enforcement department that accesses the North Dakota teletype
system shall pay a fee levied on a per terminal basis. Other law enforcement affiliated
organizations and federal agencies will pay one hundred percent of the actual costs incurred
by the division for providing the service. Fees will be levied on a per terminal basis. State
general fund agencies that access the system will not incur any fees for the service. City and
county law enforcement fees will be based on the following schedule of charges per terminal:
a.County population of less than five thousand shall pay forty dollars per month.
b.County population of five thousand or more but less than ten thousand shall pay eighty
dollars per month.
c.County population of ten thousand or more but less than fifteen thousand shall pay one
hundred twenty dollars per month.
d.County population of fifteen thousand or more but less than twenty-five thousand shall
pay one hundred sixty dollars per month.
e.County population of twenty-five thousand or more shall pay two hundred dollars per
month.
SECTION 20. AMENDMENT. Subdivision c of subsection 2 of section 39-01-01 of the North Dakota
Century Code is amended and reenacted as follows:
c."Class C" authorized emergency vehicles means:
(1)Vehicles used by the state division of homeland security and emergency
management or local division of emergency management organizations.
(2)Vehicles used by volunteer firefighters while performing their assigned disaster and
emergency responsibilities.
(3)Vehicles, other than ambulances, used by emergency medical services personnel. H. B. NO. 1079 - PAGE 10
(4)Vehicles used by volunteer search and rescue personnel if performing an
emergency operation or duty upon the request of a state entity, political subdivision,
or volunteer fire department. A volunteer organization may classify a personal
vehicle as a class C emergency vehicle if needed to assist in a search and rescue
operation in accordance with this paragraph. As used in this paragraph, "search and
rescue" means deployment, coordination, and use of available resources and
personnel in locating, relieving the distress, and preserving the life of and removing
an individual who is missing, trapped, or lost in the backcountry, remote areas, or
waters of the state. The term includes water and dive rescue.
SECTION 21. AMENDMENT. Section 39-03-13.2 of the North Dakota Century Code is amended
and reenacted as follows:
39-03-13.2. Silver alert notice system.
The superintendent, in cooperation with the bureau of criminal investigation and the division of the
state radioemergency communications center of the department of emergency services, shall establish
a silver alert notice system to activate an urgent bulletin using the emergency alert system to air a
description of a disabled adult or vulnerable elderly adult as defined in section 12.1-31-07 or a minor
who has a developmental disability as defined in section 25-01.2-01, who has been reported to law
enforcement as missing and to aid in the location of that individual.
SECTION 22. AMENDMENT. Section 54-12-22 of the North Dakota Century Code is amended and
reenacted as follows:
54-12-22. Accessibility of sexual offender and crimes against children registration
information.
The attorney general shall provide to a law enforcement dispatch center access to registration
information on individuals required to register under section 12.1-32-15 through any feasible electronic
means that includes direct access to a computerized registration information database. The attorney
general shall provide the information in a form that is referenced by driver's license number or number
plate characters. The department of transportation shall provide the necessary information to the
attorney general in any feasible form requested by the attorney general. The attorney general may
require the cooperation of the state radioemergency communications center broadcasting system to
provide the access required by this section.
SECTION 23. AMENDMENT. Subsection 2 of section 54-12-32 of the North Dakota Century Code
is amended and reenacted as follows:
2.The bureau of criminal investigation, in cooperation with the highway patrol and the division of
the state radioemergency communications center of the department of emergency services,
shall prepare an operational plan to prepare for and respond to requests for activation of a
blue alert notice.
SECTION 24. AMENDMENT. Subsection 1 of section 57-40.6-12 of the North Dakota Century
Code is amended and reenacted as follows:
1.The governing body of a city or county, which adopted a fee on assessed communications
services under this chapter, shall make a report of the income, expenditures, and status of its
emergency services communication system. The report must be submitted to the emergency
services communications coordinating committee in the format requested by the committee.
The committee is composed of four members, one appointed by the North Dakota 911
association, one appointed by the North Dakota association of counties, one appointed by the
chief information officer of the state, and one appointed by the adjutant general to represent
the division of the state radioemergency communications center. H. B. NO. 1079 - PAGE 11
SECTION 25. AMENDMENT. Subsection 3 of section 61-16.2-03 of the North Dakota Century
Code is amended and reenacted as follows:
3.Assist communities and districts in their floodplain management activities within the limits of
available appropriations and personnel in cooperation with the division of homeland security
and emergency management.
SECTION 26. AMENDMENT. Section 65-06-01 of the North Dakota Century Code is amended and
reenacted as follows:
65-06-01. Volunteer firefighter, emergency or disaster volunteer, community emergency
response team member, in training defined.
The term "volunteer firefighter" means any active member of an organized volunteer fire
department of this state and any other individual performing services as a volunteer firefighter for a
municipality at the request of the chief or other individual in command of the fire department of that
municipality or of any other officer of that municipality having authority to demand service as a
firefighter. Firefighters who are paid a regular wage or stipend by the municipality for serving as a
firefighter, or whose entire time is devoted to service as a firefighter for the municipality, for the purpose
of this chapter, are not volunteer firefighters.
The term "emergency or disaster volunteer" means any individual serving without remuneration
who is actively engaged in training to qualify as a disaster emergency worker or is responding to a
hazard, emergency disaster, or enemy attack on this country, and who is registered with the disaster
emergency organization of a municipality, which has been officially recognized by the director of the
state division of homeland security and emergency management.
The term "in training" means only those periods of time, during which an emergency or disaster
volunteer is receiving instruction, or is engaged in exercises or operations, in preparation for
qualification as a disaster emergency worker in the event of a hazard, emergency, disaster, or enemy
attack on this country.
The term "community emergency response team member" means an individual registered as a
community emergency response team member with the appropriate authority. For purposes of this
chapter, a community emergency response team member is acting as a community emergency
response team member only when the individual is receiving approved community emergency
response team training or is acting as a member of a community emergency response team in an
emergency or disaster.
Upon request of the organization, the disaster emergency organization of a municipality shall
provide the organization with its roster of registered community emergency response team members.
The term "municipality" when used in reference to emergency or disaster volunteer means the
state, cities, counties, municipalities, districts, or any other geographical entity of this state. This
definition is not in any way intended to alter any interpretation or ruling in regard to the use of the term
municipality when used in reference to volunteer firefighters. H. B. NO. 1079 - PAGE 12
____________________________ ____________________________
Speaker of the House President of the Senate
____________________________ ____________________________
Chief Clerk of the House Secretary of the Senate
This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
Assembly of North Dakota and is known on the records of that body as House Bill No. 1079.
House Vote: Yeas 93 Nays 0 Absent 1
Senate Vote:Yeas 46 Nays 1 Absent 0
____________________________
Chief Clerk of the House
Received by the Governor at ________M. on _____________________________________, 2025.
Approved at ________M. on __________________________________________________, 2025.
____________________________
Governor
Filed in this office this ___________day of _______________________________________, 2025,
at ________ o’clock ________M.
____________________________
Secretary of State