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North Dakota Senate Bill SB2058

North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2058 Compare Versions

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1-Sixty-ninth Legislative Assembly of North Dakota
2-In Regular Session Commencing Tuesday, January 7, 2025
1+25.8035.02000
2+Sixty-ninth
3+Legislative Assembly
4+of North Dakota
5+Introduced by
6+Workforce Development Committee
7+(At the request of the Department of Water Resources)
8+A BILL for an Act to amend and reenact subsection 5 of section 43-35-13, section 43-35-14,
9+subsection 1 of section 43-35-17, and sections 43-35-21 and 43-35-23 of the North Dakota
10+Century Code, relating to the operations of the board of water well contractors; and to repeal
11+section 43-35-16 of the North Dakota Century Code, relating to the operations of the board of
12+water well contractors.
13+BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
14+SECTION 1. AMENDMENT. Subsection 5 of section 43-35-13 of the North Dakota Century
15+Code is amended and reenacted as follows:
16+5.A person applying to take a certification examination shall pay to the board treasurer a
17+nonrefundable examination fee in thean amount of one hundred dollarsset by the
18+board by rule. If upon examination the applicant is found to be qualified as a water well
19+contractor, a water well pump and pitless unit installer, a monitoring well contractor, or
20+a geothermal system driller, the board shall issue to that person an appropriate
21+certificate upon the applicant's executing and filing with the board a bond as required
22+in this chapter. The board may offer a combined examination for certification of a
23+person as a water well contractor and a water well pump and pitless unit installer and
24+may issue a single certificate for successful completion of the combined examination.
25+Certificates issued under this chapter are not transferable.
26+SECTION 2. AMENDMENT. Section 43-35-14 of the North Dakota Century Code is
27+amended and reenacted as follows:
28+Page No. 1 25.8035.02000
329 SENATE BILL NO. 2058
4-(Workforce Development Committee)
5-(At the request of the Department of Water Resources)
6-AN ACT to amend and reenact subsection 5 of section 43-35-13, section 43-35-14, subsection 1 of
7-section 43-35-17, and sections 43-35-21 and 43-35-23 of the North Dakota Century Code,
8-relating to the operations of the board of water well contractors; and to repeal section 43-35-16
9-of the North Dakota Century Code, relating to the operations of the board of water well
10-contractors.
11-BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
12-SECTION 1. AMENDMENT. Subsection 5 of section 43-35-13 of the North Dakota Century Code is
13-amended and reenacted as follows:
14-5.A person applying to take a certification examination shall pay to the board treasurer a
15-nonrefundable examination fee in thean amount of one hundred dollarsset by the board by
16-rule. If upon examination the applicant is found to be qualified as a water well contractor, a
17-water well pump and pitless unit installer, a monitoring well contractor, or a geothermal system
18-driller, the board shall issue to that person an appropriate certificate upon the applicant's
19-executing and filing with the board a bond as required in this chapter. The board may offer a
20-combined examination for certification of a person as a water well contractor and a water well
21-pump and pitless unit installer and may issue a single certificate for successful completion of
22-the combined examination. Certificates issued under this chapter are not transferable.
23-SECTION 2. AMENDMENT. Section 43-35-14 of the North Dakota Century Code is amended and
24-reenacted as follows:
30+SENATE BILL NO. 2058
31+with House Amendments
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51+20 Sixty-ninth
52+Legislative Assembly
2553 43-35-14. Bond required.
26-Before receiving a certificate under this chapter, a qualified applicant shall execute and deposit with
27-the board a surety bond conditioned for the faithful performance of all water well, monitoring well, pump
28-and pitless unit, or geothermal system installation contracts undertaken by the applicant and the strict
29-compliance with this chapter. The required amount of a surety bond is fifteen thousand dollars for a
30-water well contractor and is two thousand dollars for a monitoring well, pump and pitless unit, or
31-geothermal system installation contractormust be set by the board by rule.
32-SECTION 3. AMENDMENT. Subsection 1 of section 43-35-17 of the North Dakota Century Code is
33-amended and reenacted as follows:
34-1.A certificate issued under this chapter is valid for up to one year and expires on the thirty-first
35-day of December in the year of issuance. To renew a certificate, a certificate holder shall
36-submit to the board a completed renewal application. The completed renewal application must
37-be:
38-a.Submitted to the board before April first in the year following the certificate's expiration;
54+Before receiving a certificate under this chapter, a qualified applicant shall execute and
55+deposit with the board a surety bond conditioned for the faithful performance of all water well,
56+monitoring well, pump and pitless unit, or geothermal system installation contracts undertaken
57+by the applicant and the strict compliance with this chapter. The required amount of a surety
58+bond is fifteen thousand dollars for a water well contractor and is two thousand dollars for a
59+monitoring well, pump and pitless unit, or geothermal system installation contractormust be set
60+by the board by rule.
61+SECTION 3. AMENDMENT. Subsection 1 of section 43-35-17 of the North Dakota Century
62+Code is amended and reenacted as follows:
63+1.A certificate issued under this chapter is valid for up to one year and expires on the
64+thirty-first day of December in the year of issuance. To renew a certificate, a certificate
65+holder shall submit to the board a completed renewal application. The completed
66+renewal application must be:
67+a.Submitted to the board before April first in the year following the certificate's
68+expiration;
3969 b.Accompanied by a fee in an amount set by the board not to exceed two hundred
4070 dollarsby rule;
41-c.Accompanied by any continuing education reporting information as required under this
42-sectionby the board by rule; and
43-d.Accompanied by a bond as provided in section 43-35-14by the board by rule. S. B. NO. 2058 - PAGE 2
44-SECTION 4. AMENDMENT. Section 43-35-21 of the North Dakota Century Code is amended and
45-reenacted as follows:
71+c.Accompanied by any continuing education reporting information as required
72+under this sectionby the board by rule; and
73+d.Accompanied by a bond as provided in section 43-35-14by the board by rule.
74+SECTION 4. AMENDMENT. Section 43-35-21 of the North Dakota Century Code is
75+amended and reenacted as follows:
4676 43-35-21. Certification to nonresidents - Reciprocity.
47-To the extent other states providing for the certification of water well contractors, monitoring well
48-contractors, water well pump and pitless unit installers, or geothermal system drillers provide for similar
49-action, the board may grant certification to water well contractors, monitoring well contractors, water
50-well pump and pitless unit installers, and geothermal system drillers certified by other states, upon
51-payment by the applicant of the required fee and the furnishing of a bond as provided by section
52-43-35-14set by the board by rule, after being furnished with proof that the qualifications of the applicant
53-are equal to the qualifications of holders of such certificates in this state.
54-SECTION 5. AMENDMENT. Section 43-35-23 of the North Dakota Century Code is amended and
55-reenacted as follows:
77+To the extent other states providing for the certification of water well contractors, monitoring
78+well contractors, water well pump and pitless unit installers, or geothermal system drillers
79+provide for similar action, the board may grant certification to water well contractors, monitoring
80+well contractors, water well pump and pitless unit installers, and geothermal system drillers
81+certified by other states, upon payment by the applicant of the required fee and the furnishing of
82+a bond as provided by section 43-35-14set by the board by rule, after being furnished with proof
83+Page No. 2 25.8035.02000
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114+Legislative Assembly
115+that the qualifications of the applicant are equal to the qualifications of holders of such
116+certificates in this state.
117+SECTION 5. AMENDMENT. Section 43-35-23 of the North Dakota Century Code is
118+amended and reenacted as follows:
56119 43-35-23. Continuing education - Preapproval requirements.
57-1.As provided under section 43-35-17, eachEach certificate holder shall earn board-approved
58-continuing education during every two-year reporting cycle to qualify for certificate renewal, except a
59-new certificate holder is not required to earn continuing education until the second renewal year
60-following initial certification. The board shall establish by rule an approval process for continuing
61-education courses.
62-2.Continuing education coursework may be provided by the national ground water association,
63-the North Dakota well drillers association, incorporated, a board-sponsored workshop, the
64-department of environmental quality, the state water commission, or by any board-approved
65-course provider.
66-3.A continuing education course must be preapproved by the board unless otherwise provided
67-under this section. A continuing education course provider or a certificate holder shall request
68-preapproval of continuing education coursework by submitting to the board a course outline,
69-the instructor's name, the length of the training, and an explanation of how the training relates
70-to the construction and service of water wells.
71-4.A certificate holder may request approval of education that was not preapproved by submitting
72-to the board verification of attendance, a course outline, and an explanation of why
73-preapproval was not obtained. The board shall determine on a case-by-case basis whether to
74-approve education that was not preapproved.
75-SECTION 6. REPEAL. Section 43-35-16 of the North Dakota Century Code is repealed. S. B. NO. 2058 - PAGE 3
76-____________________________ ____________________________
77-President of the Senate Speaker of the House
78-____________________________ ____________________________
79-Secretary of the Senate Chief Clerk of the House
80-This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
81-Dakota and is known on the records of that body as Senate Bill No. 2058.
82-Senate Vote:Yeas 42 Nays 4 Absent 1
83-House Vote: Yeas 77 Nays 15 Absent 2
84-____________________________
85-Secretary of the Senate
86-Received by the Governor at ________M. on _____________________________________, 2025.
87-Approved at ________M. on __________________________________________________, 2025.
88-____________________________
89-Governor
90-Filed in this office this ___________day of _______________________________________, 2025,
91-at ________ o’clock ________M.
92-____________________________
93-Secretary of State
120+1.As provided under section 43-35-17, eachEach certificate holder shall earn
121+board-approved continuing education during every two-year reporting cycle to qualify for
122+certificate renewal, except a new certificate holder is not required to earn continuing education
123+until the second renewal year following initial certification. The board shall establish in rule an
124+approval process for continuing education courses.
125+2.Continuing education coursework may be provided by the national ground water
126+association, the North Dakota well drillers association, incorporated, a
127+board-sponsored workshop, the department of environmental quality, the state water
128+commission, or by any board-approved course provider.
129+3.A continuing education course must be preapproved by the board unless otherwise
130+provided under this section. A continuing education course provider or a certificate
131+holder shall request preapproval of continuing education coursework by submitting to
132+the board a course outline, the instructor's name, the length of the training, and an
133+explanation of how the training relates to the construction and service of water wells.
134+4.A certificate holder may request approval of education that was not preapproved by
135+submitting to the board verification of attendance, a course outline, and an explanation
136+of why preapproval was not obtained. The board shall determine on a case-by-case
137+basis whether to approve education that was not preapproved.
138+SECTION 6. REPEAL. Section 43-35-16 of the North Dakota Century Code is repealed.
139+Page No. 3 25.8035.02000
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