North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2090 Compare Versions

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1		-	Sixty-ninth Legislative Assembly of North Dakota
2		-	In Regular Session Commencing Tuesday, January 7, 2025
3		-	SENATE BILL NO. 2090
4		-	(State and Local Government Committee)
	1	+	25.8127.02000
	2	+	Sixty-ninth
	3	+	Legislative Assembly
	4	+	of North Dakota
	5	+	Introduced by
	6	+	State and Local Government Committee
5	7		(At the request of the Insurance Commissioner)
6		-	AN ACT to amend and reenact section 18 -01-02, subsection 1 of section 18-01-03.1, ~~sections~~
7		-	18-01-06, 18-01-07, 23-15-04, and 54-12-01 of the North Dakota Century Code, ~~relating to~~
8		-	updating language for the state fire marshal department and to the attorney general's ~~authority~~
9		-	to appoint the state fire marshal; to repeal sections 18-01-35 and 18-01-36 of the ~~North Dakota~~
10		-	Century Code, relating to fund fees collected by the state fire marshal ~~department; and to~~
11		-	provide for a retroactive application.
	8	+	A BILL for an Act to amend and reenact section 18-01-02, subsection 1 of section 18-01-03.1,
	9	+	sections 18-01-06, 18-01-07, 23-15-04, and 54-12-01 of the North Dakota Century Code,
	10	+	relating to updating language for the state fire marshal department and to the attorney general's
	11	+	authority to appoint the state fire marshal; to repeal sections 18-01-35 and 18-01-36 of the
	12	+	North Dakota Century Code, relating to fund fees collected by the state fire marshal
	13	+	department; and to provide for a retroactive application.
12	14		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
13		-	SECTION 1. AMENDMENT. Section 18-01-02 of the North Dakota Century Code is ~~amended and~~
14		-	reenacted as follows:
	15	+	SECTION 1. AMENDMENT. Section 18-01-02 of the North Dakota Century Code is
	16	+	amended and reenacted as follows:
15	17		18-01-02. Duties of state fire marshal and deputy state fire marshals.
16		-	The state fire marshal and deputy state fire marshals may enforce all the laws of the state ~~providing~~
17		-	for:
	18	+	The state fire marshal and deputy state fire marshals may enforce all the laws of the state
	19	+	providing for:
18	20		1.The prevention of fires.
19	21		2.The storage, sale, and use of combustibles and, explosives, and fireworks .
20	22		3.The fire and life safety code compliance of hazardous materials.
21		-	3.4.The installation and maintenance of automatic or other fire alarms and fire extinguishing
22		-	equipmentfire protection and life safety systems.
23		-	4.5.The means and adequacy of exits in case of firesfire and life safety code compliance fromof all
24		-	public and private elementary and secondary schools, from all public places, and from all
25		-	other places in which fifty or more persons congregate from time to time for any purpose.
26		-	5.6.The suppression of arson and the investigation of the cause and origin and cause of fires and
27		-	explosions.
28		-	6.7.The education of the citizens of North Dakota through organized programs on the hazards of
29		-	fire.
30		-	SECTION 2. AMENDMENT. Subsection 1 of section 18-01-03.1 of the North Dakota Century Code
31		-	is amended and reenacted as follows:
	23	+	3.4.The installation and maintenance of automatic or other fire alarms and fire
	24	+	extinguishing equipmentfire protection and life safety systems.
	25	+	4.5.The means and adequacy of exits in case of firesfire and life safety code compliance
	26	+	fromof all public and private elementary and secondary schools, from all public places,
	27	+	and from all other places in which fifty or more persons congregate from time to time
	28	+	for any purpose.
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	30	+	ENGROSSED SENATE BILL NO. 2090
	31	+	FIRST ENGROSSMENT
	32	+	with House Amendments
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	55	+	5.6.The suppression of arson and the investigation of the cause and origin and cause of
	56	+	fires and explosions.
	57	+	6.7.The education of the citizens of North Dakota through organized programs on the
	58	+	hazards of fire.
	59	+	SECTION 2. AMENDMENT. Subsection 1 of section 18-01-03.1 of the North Dakota
	60	+	Century Code is amended and reenacted as follows:
32	61		1.The state fire marshal and the state fire marshal's deputies may perform fire safety
33	62		inspections of those facilities required to be inspected under administrative rules of the
34		-	department of health and human services. The state fire marshal shall charge a fee not to
35		-	exceed fifty dollars for conducting these fire safety inspections in an amount determined by
36		-	administrative rules adopted by the state fire marshal. Inspection fees received by the state
37		-	fire marshal must be deposited into the insurance regulatory trust fund operating fund.
38		-	SECTION 3. AMENDMENT. Section 18-01-06 of the North Dakota Century Code is amended and
39		-	reenacted as follows: S. B. NO. 2090 - PAGE 2
40		-	18-01-06. Fire chiefs and auditors or secretaries of cities and rural fire protection districts
41		-	must report fires.
42		-	Within thirty days after the occurrence of any fire in which property in a city or rural fire protection
43		-	district has been destroyed or damaged, an organization that is contracted by a political subdivision for
44		-	fire protection or the fire chief of such city or rural fire protection district, if a fire department is
45		-	maintained therein, or the auditor of the city or the secretary of the rural fire protection district, if a fire
46		-	department is not maintained therein, shall report the cause, if known, and the origin and circumstances
47		-	of the fire and the name of the owner and occupant of such property, to the state fire marshal. Reports
48		-	shall be submitted in a form compliant and compatible with the national fire incident reporting
49		-	requirementsemergency response information system, or in a manner prescribed by the state fire
50		-	marshal. Such report must show whether such fire was the result of carelessness, accident, or design.
51		-	The provisions of this section must be complied with, insofar as the same are applicable, if the fire is of
52		-	unknown origin, regardless of the amount of damage caused thereby.
53		-	SECTION 4. AMENDMENT. Section 18-01-07 of the North Dakota Century Code is amended and
54		-	reenacted as follows:
55		-	18-01-07. State fire marshal may direct investigation - Report of investigation - Records in
56		-	state fire marshal's office.
57		-	An investigation of each fire must be made by the officers required to report the occurrence of fires
58		-	under section 18-01-06. The state fire marshal shall furnish blanks upon which reports of investigations
59		-	of fires must be submitted and, whenWhen the state fire marshal deems it expedient or necessary, the
60		-	state fire marshal may supervise and direct any of such investigations. Within one weekthirty days after
61		-	the occurrence of a fire, the officer investigating it shall furnish to the state fire marshal a written report
62		-	containing a statement of the facts relating to the cause and origin and cause of the fire and such other
63		-	information as the state fire marshal may require. The state fire marshal shall keep in the state fire
64		-	marshal's officehave access to a record of all fires occurringreported in the state together with the facts,
65		-	circumstances, and statistics in connection therewith and showing the origin of such fires as the same
66		-	may be determined from the reports filed in the state fire marshal's office.
67		-	SECTION 5. AMENDMENT. Section 23-15-04 of the North Dakota Century Code is amended and
68		-	reenacted as follows:
	63	+	department of health and human services. The state fire marshal shall charge a fee
	64	+	not to exceed fifty dollars for conducting these fire safety inspections in an amount
	65	+	determined by administrative rules adopted by the state fire marshal. Inspection fees
	66	+	received by the state fire marshal must be deposited into the insurance regulatory trust
	67	+	fund operating fund.
	68	+	SECTION 3. AMENDMENT. Section 18-01-06 of the North Dakota Century Code is
	69	+	amended and reenacted as follows:
	70	+	18-01-06. Fire chiefs and auditors or secretaries of cities and rural fire protection
	71	+	districts must report fires.
	72	+	Within thirty days after the occurrence of any fire in which property in a city or rural fire
	73	+	protection district has been destroyed or damaged, an organization that is contracted by a
	74	+	political subdivision for fire protection or the fire chief of such city or rural fire protection district,
	75	+	if a fire department is maintained therein, or the auditor of the city or the secretary of the rural
	76	+	fire protection district, if a fire department is not maintained therein, shall report the cause, if
	77	+	known, and the origin and circumstances of the fire and the name of the owner and occupant of
	78	+	such property, to the state fire marshal. Reports shall be submitted in a form compliant and
	79	+	compatible with the national fire incident reporting requirementsemergency response
	80	+	information system, or in a manner prescribed by the state fire marshal. Such report must show
	81	+	whether such fire was the result of carelessness, accident, or design. The provisions of this
	82	+	section must be complied with, insofar as the same are applicable, if the fire is of unknown
	83	+	origin, regardless of the amount of damage caused thereby.
	84	+	SECTION 4. AMENDMENT. Section 18-01-07 of the North Dakota Century Code is
	85	+	amended and reenacted as follows:
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	119	+	18-01-07. State fire marshal may direct investigation - Report of investigation -
	120	+	Records in state fire marshal's office.
	121	+	An investigation of each fire must be made by the officers required to report the occurrence
	122	+	of fires under section 18-01-06. The state fire marshal shall furnish blanks upon which reports of
	123	+	investigations of fires must be submitted and, whenWhen the state fire marshal deems it
	124	+	expedient or necessary, the state fire marshal may supervise and direct any of such
	125	+	investigations. Within one weekthirty days after the occurrence of a fire, the officer investigating
	126	+	it shall furnish to the state fire marshal a written report containing a statement of the facts
	127	+	relating to the cause and origin and cause of the fire and such other information as the state fire
	128	+	marshal may require. The state fire marshal shall keep in the state fire marshal's officehave
	129	+	access to a record of all fires occurringreported in the state together with the facts,
	130	+	circumstances, and statistics in connection therewith and showing the origin of such fires as the
	131	+	same may be determined from the reports filed in the state fire marshal's office.
	132	+	SECTION 5. AMENDMENT. Section 23-15-04 of the North Dakota Century Code is
	133	+	amended and reenacted as follows:
69	134		23-15-04. Exceptions.
70	135		1.This chapter does not prohibit:
71		-	a.A licensed wholesaler, dealer, or jobber from selling at wholesale fireworks that ~~are not~~
72		-	prohibited.
	136	+	a.A licensed wholesaler, dealer, or jobber from selling at wholesale fireworks that
	137	+	are not prohibited.
73	138		b.The sale of any kind of fireworks for shipment directly out of the state.
74		-	c.The use of fireworks by transportation agencies for signal purposes or illumination.
	139	+	c.The use of fireworks by transportation agencies for signal purposes or
	140	+	illumination.
75	141		d.The sale or use of blank cartridges for a show or theater, for signal or ceremonial
76	142		purposes in athletics or sports, or for use by military organizations.
77		-	2.An application for a license as distributor must be made to the state fire marshal on forms
78		-	prescribed by the state fire marshal. An application for a license as a retailer must be made to
79		-	the county sheriff on forms prescribed by the state fire marshal. Each application must be
80		-	accompanied by the required fee, which must be two hundred fifty dollars for a distributor's
81		-	license and twenty dollars for a retailer's license. Fees for distributors' licenses must be
82		-	deposited in the general fundinsurance regulatory trust fund in the state treasury and fees for
83		-	retailers' licenses must be deposited in the county general fund. The license is valid only for
84		-	the calendar year in which issued and must at all times be displayed at the place of business
85		-	of the licensee. The licenses are in addition to any other license required by law or municipal S. B. NO. 2090 - PAGE 3
86		-	ordinance. The licensing provisions of this section do not apply to a retailer who is required to
	143	+	2.An application for a license as distributor must be made to the state fire marshal on
	144	+	forms prescribed by the state fire marshal. An application for a license as a retailer
	145	+	must be made to the county sheriff on forms prescribed by the state fire marshal. Each
	146	+	application must be accompanied by the required fee, which must be two hundred fifty
	147	+	dollars for a distributor's license and twenty dollars for a retailer's license. Fees for
	148	+	distributors' licenses must be deposited in the general fundinsurance regulatory trust
	149	+	fund in the state treasury and fees for retailers' licenses must be deposited in the
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	183	+	county general fund. The license is valid only for the calendar year in which issued
	184	+	and must at all times be displayed at the place of business of the licensee. The
	185	+	licenses are in addition to any other license required by law or municipal ordinance.
	186	+	The licensing provisions of this section do not apply to a retailer who is required to
87	187		become licensed by any municipality. Any license fee levied by a municipality must be
88	188		deposited in the municipality's general fund.
89		-	3.A person not licensed as a wholesaler or retailer may not bring any fireworks into this ~~state,~~
90		-	and a retailer may not sell any fireworks that have not been purchased from a ~~wholesaler~~
91		-	licensed under this chapter. A person licensed under this chapter shall ~~keep available for~~
92		-	inspection by the state fire marshal or any sheriff, police officer, or ~~local fire marshal a copy of~~
93		-	each invoice for fireworks purchased as long as any ~~fireworks included on the invoice are held~~
94		-	in the licensee's possession, which invoice ~~must show the license number of the wholesaler~~
95		-	from whom the purchase was made.
96		-	SECTION 6. AMENDMENT. Section 54-12-01 of the North Dakota Century Code is ~~amended and~~
97		-	reenacted as follows:
	189	+	3.A person not licensed as a wholesaler or retailer may not bring any fireworks into this
	190	+	state, and a retailer may not sell any fireworks that have not been purchased from a
	191	+	wholesaler licensed under this chapter. A person licensed under this chapter shall
	192	+	keep available for inspection by the state fire marshal or any sheriff, police officer, or
	193	+	local fire marshal a copy of each invoice for fireworks purchased as long as any
	194	+	fireworks included on the invoice are held in the licensee's possession, which invoice
	195	+	must show the license number of the wholesaler from whom the purchase was made.
	196	+	SECTION 6. AMENDMENT. Section 54-12-01 of the North Dakota Century Code is
	197	+	amended and reenacted as follows:
98	198		54-12-01. Attorney general - Duties.
99	199		The attorney general shall:
100		-	1.Appear for and represent the state before the supreme court in all cases in which the ~~state is~~
101		-	interested as a party.
102		-	2.Institute and prosecute all actions and proceedings in favor or for the use of the state ~~which~~
103		-	may be necessary in the execution of the duties of any state officer.
104		-	3.Appear and defend all actions and proceedings against any state officer in the ~~attorney~~
105		-	general's official capacity in any of the courts of this state or of the United ~~States. If both~~
106		-	parties to an action are state officers, the attorney general may ~~determine which officer the~~
107		-	attorney general will represent and the other officer may ~~employ counsel to represent that~~
108		-	other officer.
109		-	4.Consult with and advise the several state's attorneys in matters relating to the duties ~~of their~~
110		-	office.
	200	+	1.Appear for and represent the state before the supreme court in all cases in which the
	201	+	state is interested as a party.
	202	+	2.Institute and prosecute all actions and proceedings in favor or for the use of the state
	203	+	which may be necessary in the execution of the duties of any state officer.
	204	+	3.Appear and defend all actions and proceedings against any state officer in the
	205	+	attorney general's official capacity in any of the courts of this state or of the United
	206	+	States. If both parties to an action are state officers, the attorney general may
	207	+	determine which officer the attorney general will represent and the other officer may
	208	+	employ counsel to represent that other officer.
	209	+	4.Consult with and advise the several state's attorneys in matters relating to the duties
	210	+	of their office.
111	211		5.Attend the trial of any party accused of crime and assist in the prosecution when in the
112	212		attorney general's judgment the interests of the state require it.
113		-	6.Consult with and advise the governor and all other state officers and when requested give
114		-	written opinions on all legal or constitutional questions relating to the duties of such officers
115		-	respectively.
116		-	7.Prepare, when necessary, proper drafts for contracts and other writings relating to subjects in
117		-	which the state is interested.
118		-	8.a.Give written opinions, when requested by a member of the legislative assembly, upon
119		-	legal questions unless the request:
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	245	+	6.Consult with and advise the governor and all other state officers and when requested
	246	+	give written opinions on all legal or constitutional questions relating to the duties of
	247	+	such officers respectively.
	248	+	7.Prepare, when necessary, proper drafts for contracts and other writings relating to
	249	+	subjects in which the state is interested.
	250	+	8.a.Give written opinions, when requested by a member of the legislative assembly,
	251	+	upon legal questions unless the request:
120	252		(1)Requires the attorney general to make a factual determination;
121	253		(2)Involves the constitutionality of a statute;
122	254		(3)Concerns the internal operation or management of the judicial branch of
123	255		government;
124		-	(4)Is likely to be or presently is pending before a court or a court has ruled on ~~the~~
125		-	issue;
126		-	(5)Provides private legal advice; or ~~S. B. NO. 2090 - PAGE 4~~
	256	+	(4)Is likely to be or presently is pending before a court or a court has ruled on
	257	+	the issue;
	258	+	(5)Provides private legal advice; or
127	259		(6)Involves matters regarding whether a criminal offense has occurred.
128		-	b.If the attorney general declines to issue an opinion for a reason in subdivision a, the
129		-	attorney general shall inform the individual who requested the opinion in a written
130		-	response within sixty days of the request.
131		-	9.Enforce the proper application of funds appropriated to the public institutions of the state and
132		-	prosecute breaches of trust in the administration of such funds.
133		-	10.Prosecute corporations and limited liability companies, when necessary, for failure or refusal
134		-	to make the reports required by law.
135		-	11.Keep in proper books a register of all cases prosecuted or defended by the attorney general or
136		-	the attorney general's assistants, in behalf of this state or its officers, and of all proceedings
137		-	had in relation thereto, including a record of all actions wherein the state is a party, or is
138		-	interested, prosecuted by the state's attorneys of the several counties and reported to the
139		-	attorney general as provided by law, and deliver the same to the attorney general's successor
140		-	in office.
141		-	12.Keep in the attorney general's office a book in which the attorney general shall record all the
142		-	official opinions given by the attorney general during the attorney general's term of office, such
143		-	book to be delivered by the attorney general to the attorney general's successor in office.
144		-	13.Pay into the state treasury all moneys received by the attorney general for the use of the state.
145		-	14.Serve as superintendent of the bureau of criminal investigation and perform all duties incident
146		-	to the proper and efficient conduct of that office.
147		-	15.Attend to and perform any other duties which from time to time may be required by law.
	260	+	b.If the attorney general declines to issue an opinion for a reason in subdivision a,
	261	+	the attorney general shall inform the individual who requested the opinion in a
	262	+	written response within sixty days of the request.
	263	+	9.Enforce the proper application of funds appropriated to the public institutions of the
	264	+	state and prosecute breaches of trust in the administration of such funds.
	265	+	10.Prosecute corporations and limited liability companies, when necessary, for failure or
	266	+	refusal to make the reports required by law.
	267	+	11.Keep in proper books a register of all cases prosecuted or defended by the attorney
	268	+	general or the attorney general's assistants, in behalf of this state or its officers, and of
	269	+	all proceedings had in relation thereto, including a record of all actions wherein the
	270	+	state is a party, or is interested, prosecuted by the state's attorneys of the several
	271	+	counties and reported to the attorney general as provided by law, and deliver the same
	272	+	to the attorney general's successor in office.
	273	+	12.Keep in the attorney general's office a book in which the attorney general shall record
	274	+	all the official opinions given by the attorney general during the attorney general's term
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	307	+	of office, such book to be delivered by the attorney general to the attorney general's
	308	+	successor in office.
	309	+	13.Pay into the state treasury all moneys received by the attorney general for the use of
	310	+	the state.
	311	+	14.Serve as superintendent of the bureau of criminal investigation and perform all duties
	312	+	incident to the proper and efficient conduct of that office.
	313	+	15.Attend to and perform any other duties which from time to time may be required by
	314	+	law.
148	315		16.Appoint the state fire marshal and supervise the operation of the state fire marshal
149	316		department.
150		-	17.Give written opinions, when requested by the governing body or city attorney of a city ~~in the~~
151		-	state of North Dakota.
	317	+	17.Give written opinions, when requested by the governing body or city attorney of a city
	318	+	in the state of North Dakota.
152	319		18.17.Repealed by S.L. 1991, ch. 637, § 9.
153		-	19.18.Give written opinions to public entities as defined in subdivision a or b of subsection 13 of
154		-	section 44-04-17.1, when requested by an interested person under section 44-04-21.1.
155		-	SECTION 7. REPEAL. Sections 18-01-35 and 18-01-36 of the North Dakota Century Code are
156		-	repealed.
157		-	SECTION 8. RETROACTIVE APPLICATION. Section 6 of this Act applies retroactively to cases
158		-	arising after July 31, 2023. S. B. NO. 2090 - PAGE 5
159		-	____________________________ ____________________________
160		-	President of the Senate Speaker of the House
161		-	____________________________ ____________________________
162		-	Secretary of the Senate Chief Clerk of the House
163		-	This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
164		-	Dakota and is known on the records of that body as Senate Bill No. 2090.
165		-	Senate Vote:Yeas 45 Nays 1 Absent 1
166		-	House Vote: Yeas 86 Nays 6 Absent 2
167		-	____________________________
168		-	Secretary of the Senate
169		-	Received by the Governor at ________M. on _____________________________________, 2025.
170		-	Approved at ________M. on __________________________________________________, 2025.
171		-	____________________________
172		-	Governor
173		-	Filed in this office this ___________day of _______________________________________, 2025,
174		-	at ________ o’clock ________M.
175		-	____________________________
176		-	Secretary of State
	320	+	19.18.Give written opinions to public entities as defined in subdivision a or b of subsection 13
	321	+	of section 44-04-17.1, when requested by an interested person under section
	322	+	44-04-21.1.
	323	+	SECTION 7. REPEAL. Sections 18-01-35 and 18-01-36 of the North Dakota Century Code
	324	+	are repealed.
	325	+	SECTION 8. RETROACTIVE APPLICATION. Section 6 of this Act applies retroactively to
	326	+	cases arising after July 31, 2023.
	327	+	Page No. 6 25.8127.02000
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