25.8035.02000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Workforce Development Committee
(At the request of the Department of Water Resources)
A BILL for an Act to amend and reenact subsection 5 of section 43-35-13, section 43-35-14,
subsection 1 of section 43-35-17, and sections 43-35-21 and 43-35-23 of the North Dakota
Century Code, relating to the operations of the board of water well contractors; and to repeal
section 43-35-16 of the North Dakota Century Code, relating to the operations of the board of
water well contractors.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Subsection 5 of section 43-35-13 of the North Dakota Century
Code is amended and reenacted as follows:
5.A person applying to take a certification examination shall pay to the board treasurer a
nonrefundable examination fee in thean amount of one hundred dollarsset by the
board by rule. If upon examination the applicant is found to be qualified as a water well
contractor, a water well pump and pitless unit installer, a monitoring well contractor, or
a geothermal system driller, the board shall issue to that person an appropriate
certificate upon the applicant's executing and filing with the board a bond as required
in this chapter. The board may offer a combined examination for certification of a
person as a water well contractor and a water well pump and pitless unit installer and
may issue a single certificate for successful completion of the combined examination.
Certificates issued under this chapter are not transferable.
SECTION 2. AMENDMENT. Section 43-35-14 of the North Dakota Century Code is
amended and reenacted as follows:
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SENATE BILL NO. 2058
SENATE BILL NO. 2058
with House Amendments
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43-35-14. Bond required.
Before receiving a certificate under this chapter, a qualified applicant shall execute and
deposit with the board a surety bond conditioned for the faithful performance of all water well,
monitoring well, pump and pitless unit, or geothermal system installation contracts undertaken
by the applicant and the strict compliance with this chapter. The required amount of a surety
bond is fifteen thousand dollars for a water well contractor and is two thousand dollars for a
monitoring well, pump and pitless unit, or geothermal system installation contractormust be set
by the board by rule.
SECTION 3. AMENDMENT. Subsection 1 of section 43-35-17 of the North Dakota Century
Code is amended and reenacted as follows:
1.A certificate issued under this chapter is valid for up to one year and expires on the
thirty-first day of December in the year of issuance. To renew a certificate, a certificate
holder shall submit to the board a completed renewal application. The completed
renewal application must be:
a.Submitted to the board before April first in the year following the certificate's
expiration;
b.Accompanied by a fee in an amount set by the board not to exceed two hundred
dollarsby rule;
c.Accompanied by any continuing education reporting information as required
under this sectionby the board by rule; and
d.Accompanied by a bond as provided in section 43-35-14by the board by rule.
SECTION 4. AMENDMENT. Section 43-35-21 of the North Dakota Century Code is
amended and reenacted as follows:
43-35-21. Certification to nonresidents - Reciprocity.
To the extent other states providing for the certification of water well contractors, monitoring
well contractors, water well pump and pitless unit installers, or geothermal system drillers
provide for similar action, the board may grant certification to water well contractors, monitoring
well contractors, water well pump and pitless unit installers, and geothermal system drillers
certified by other states, upon payment by the applicant of the required fee and the furnishing of
a bond as provided by section 43-35-14set by the board by rule, after being furnished with proof
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that the qualifications of the applicant are equal to the qualifications of holders of such
certificates in this state.
SECTION 5. AMENDMENT. Section 43-35-23 of the North Dakota Century Code is
amended and reenacted as follows:
43-35-23. Continuing education - Preapproval requirements.
1.As provided under section 43-35-17, eachEach certificate holder shall earn
board-approved continuing education during every two-year reporting cycle to qualify for
certificate renewal, except a new certificate holder is not required to earn continuing education
until the second renewal year following initial certification. The board shall establish in rule an
approval process for continuing education courses.
2.Continuing education coursework may be provided by the national ground water
association, the North Dakota well drillers association, incorporated, a
board-sponsored workshop, the department of environmental quality, the state water
commission, or by any board-approved course provider.
3.A continuing education course must be preapproved by the board unless otherwise
provided under this section. A continuing education course provider or a certificate
holder shall request preapproval of continuing education coursework by submitting to
the board a course outline, the instructor's name, the length of the training, and an
explanation of how the training relates to the construction and service of water wells.
4.A certificate holder may request approval of education that was not preapproved by
submitting to the board verification of attendance, a course outline, and an explanation
of why preapproval was not obtained. The board shall determine on a case-by-case
basis whether to approve education that was not preapproved.
SECTION 6. REPEAL. Section 43-35-16 of the North Dakota Century Code is repealed.
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