North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2264 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25.0560.01000
2	2	Sixty-ninth
3	3	Legislative Assembly
4	4	of North Dakota
5	5	Introduced by
6	6	Senator Braunberger
7	7	Representatives Conmy, Dobervich
8	8	A BILL for an Act to amend and reenact subsection 1 of section 12.1-23-09, sections 14-02-07,
9	9	14-03-01, 14-03-08, 14-05-06, 14-05-18, 14-07-01, 14-07-03, 14-07-04, 14-07-06, 14-07-07,
10	10	14-07-08, 14-07-12, 14-07-13, and 14-07-14, subsection 9 of section 14-12.2-28, subsection 4
11	11	of section 14-14.1-30, sections 14-15-03, 14-15-20, 14-18-05, 14-18-08, and 20.1-03-06,
12	12	subsections 8, 28, and 31 of section 20.1-03-12, section 30.1-10-02, subdivision b of
13	13	subsection 1 of section 30.1-10-04, sections 35-01-04, 47-18-04, 47-18-05, 47-18-14, and
14	14	50-25.1-10, subsection 4 of section 54-52.4-02, subsection 2 of section 57-38-31, subsection 5
15	15	of section 57-40.3-04, section 57-40.3-07, and subsection 3 of section 57-40.5-03 of the North
16	16	Dakota Century Code, relating to the definition of marriage and the recognition of marital
17	17	relationships.
18	18	BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
19	19	SECTION 1. AMENDMENT. Subsection 1 of section 12.1-23-09 of the North Dakota
20	20	Century Code is amended and reenacted as follows:
21	21	1.It is a defense to a prosecution under this chapter that:
22	22	a.The actor reasonably believed that the actor had a claim to the property or
23	23	services involved which the actor was entitled to assert in the manner which
24	24	forms the basis for the charge against the actor; or
25	25	b.The victim is the actor's spouse, but only when the property involved constitutes
26	26	household or personal effects or other property normally accessible to both
27	27	spouses and the parties involved are living together. The term "spouse", as used
28	28	in this section, includes personsindividuals living together as husband and
29	29	wifemarried individuals.
30	30	SECTION 2. AMENDMENT. Section 14-02-07 of the North Dakota Century Code is
31	31	amended and reenacted as follows:
32	32	Page No. 1 25.0560.01000
33	33	SENATE BILL NO. 2264
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60	60	14-02-07. Force to protect.
61	61	Any necessaryNecessary force may be used to protect from wrongful injury the person or
62	62	property of one's self, or of a wife, husbandspouse, child, parent, or other relative, or member of
63	63	one's family, or of a ward, servant, master, or guest.
64	64	SECTION 3. AMENDMENT. Section 14-03-01 of the North Dakota Century Code is
65	65	amended and reenacted as follows:
66	66	14-03-01. What constitutes marriage - Spouse defined.
67	67	Marriage is a personal relation arising out of a civil contract between one man and one
68	68	womantwo individuals to which the consent of the parties is essential. The marriage relation
69	69	may be entered into, maintained, annulled, or dissolved only as provided by law. A spouse
70	70	refers only to a person of the opposite sexto an individual who is a husband or a wifeone of two
71	71	individuals married to each other.
72	72	SECTION 4. AMENDMENT. Section 14-03-08 of the North Dakota Century Code is
73	73	amended and reenacted as follows:
74	74	14-03-08. Foreign marriages recognized - Exception.
75	75	Except when residents of this state contract a marriage in another state which is prohibited
76	76	under the laws of this state, all marriages contracted outside this state, which are valid
77	77	according to the laws of the state or country where contracted, are valid in this state. This
78	78	section applies only to a marriage contracted in another state or country which is between one
79	79	man and one woman as husband and wife.
80	80	SECTION 5. AMENDMENT. Section 14-05-06 of the North Dakota Century Code is
81	81	amended and reenacted as follows:
82	82	14-05-06. Desertion defined.
83	83	Willful desertion is the voluntary separation of one of the married partiesspouse from the
84	84	other with intent to desert:
85	85	1.Persistent refusal to have reasonable matrimonial intercourse as husband and
86	86	wifespouses when health or physical condition does not make suchthe refusal
87	87	reasonably necessary, or the refusal of either partyspouse to dwell in the same house
88	88	with the other partyspouse when there is no just cause for suchthat refusal, is
89	89	desertion.
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122	122	2.When one partyspouse is induced by the stratagem or fraud of the other partyspouse
123	123	to leave the family dwelling place or to be absent, and during suchthe absence the
124	124	offending partyspouse departs with intent to desert the other, it is desertion by the
125	125	partyspouse committing the stratagem or fraud and not by the other.
126	126	3.Departure or absence of one partyspouse from the family dwelling place caused by
127	127	cruelty or by threats of bodily harm from which danger reasonably would be
128	128	apprehended from the other is not desertion by the absent partyspouse, but it is
129	129	desertion by the other partyspouse.
130	130	4.Separation by consent, with or without the understanding that one of the
131	131	partiesspouses will apply for a divorce, is not desertion.
132	132	5.Absence or separation, proper in itself, becomes desertion whenever the intent to
133	133	desert is fixed during suchthat absence or separation.
134	134	6.Consent to a separation is a revocable act, and if one of the parties
135	135	afterwardsspouses in good faith seeks a reconciliation and restoration after the
136	136	separation, but the other refuses it, suchthat refusal is desertion.
137	137	7.If one partyspouse deserts the other and before the expiration of the statutory period
138	138	required to make the desertion a cause of divorce returns and offers in good faith to
139	139	fulfill the marriage contract and solicits condonation, the desertion is cured. If the other
140	140	partyspouse refuses suchthe offer and condonation, the refusal must be deemed and
141	141	treated as desertion by such partythat spouse from the time of the refusal.
142	142	SECTION 6. AMENDMENT. Section 14-05-18 of the North Dakota Century Code is
143	143	amended and reenacted as follows:
144	144	14-05-18. Presumption of domicile.
145	145	In actionsan action for divorce, the presumption of law that the domicile of the husbandone
146	146	spouse is the domicile of the wifeother spouse does not apply. After separation, each
147	147	partyspouse may have a separate domicile, depending for proof uponon proof of actual
148	148	residence and not uponon legal presumptions.
149	149	SECTION 7. AMENDMENT. Section 14-07-01 of the North Dakota Century Code is
150	150	amended and reenacted as follows:
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182	182	14-07-01. Mutual obligations.
183	183	Husband and wifeTwo individuals married to each other contract toward each other
184	184	obligations of mutual respect, fidelity, and support.
185	185	SECTION 8. AMENDMENT. Section 14-07-03 of the North Dakota Century Code is
186	186	amended and reenacted as follows:
187	187	14-07-03. Duty to support.
188	188	The husband and wifeTwo individuals married to each other have a mutual duty to support
189	189	each other out of their individual property and labor.
190	190	SECTION 9. AMENDMENT. Section 14-07-04 of the North Dakota Century Code is
191	191	amended and reenacted as follows:
192	192	14-07-04. Separate property - Rights and privileges.
193	193	Except as otherwise provided by section 14-07-03, neither the husband nor the wifespouse
194	194	has any interest in the property of the other spouse, but neither can be excluded from the
195	195	other's dwelling.
196	196	SECTION 10. AMENDMENT. Section 14-07-06 of the North Dakota Century Code is
197	197	amended and reenacted as follows:
198	198	14-07-06. Contracts between husband and wifespouses and third persons as to
199	199	property.
200	200	Either husband or wifespouse in a marital relation may enter into any engagement or
201	201	transaction with the other spouse or with other persons respecting property which either might
202	202	enter into if unmarried.
203	203	SECTION 11. AMENDMENT. Section 14-07-07 of the North Dakota Century Code is
204	204	amended and reenacted as follows:
205	205	14-07-07. Contracts to alter marital relations.
206	206	A husband and wife cannotTwo individuals married to each other may not by any contract
207	207	with each other alter their marital relations, except that they may agree in writing to an
208	208	immediate separation and may make provision for the support of either of themspouse and of
209	209	their children during suchthe separation. The mutual consent of the parties is a sufficient
210	210	consideration for such athe separation agreement.
211	211	SECTION 12. AMENDMENT. Section 14-07-08 of the North Dakota Century Code is
212	212	amended and reenacted as follows:
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246	246	14-07-08. Separate and mutual rights and liabilities of husband and wifespouses.
247	247	The separate and mutual rights and liabilities of a husband and a wifespouses in a marital
248	248	relation are as follows:
249	249	1.Neither the husband nor the wife as suchspouse is answerable for the acts of the
250	250	other.
251	251	2.Except for necessary expenses as provided in subsection 3, the earnings of one
252	252	spouse are not liable for the debts of the other spouse, and the earnings and
253	253	accumulations of either spouse and of any minor children living with either spouse or
254	254	in one spouse's custody, while the husband and wifespouses are living separate from
255	255	each other, are the separate property of each spouse.
256	256	3.Except for abandonment as provided in section 14-07-11, the husband and wife
257	257	areeach spouse is liable jointly and severally for any debts contracted by either for
258	258	necessary household supplies of food, clothing, and fuel,; medical care, and for;
259	259	shelter for themselves and family,; and for the education of their minor children.
260	260	4.The separate property of the husband or wifea spouse is not liable for the debts of the
261	261	other spouse but each is liable for their own debts contracted before or after marriage.
262	262	SECTION 13. AMENDMENT. Section 14-07-12 of the North Dakota Century Code is
263	263	amended and reenacted as follows:
264	264	14-07-12. Transfer of property when abandoned or imprisoned.
265	265	In case the husband or wifeIf a spouse abandons the other and removes fromleaves the
266	266	state and is absent therefromfrom the state for one year without providing for the maintenance
267	267	and support of that person'sspouse's family, or is sentenced to imprisonment either in the
268	268	county jail or penitentiary for thea period of one year or more, the district court of the county
269	269	where the husband or wife so abandoned or not in prisonabandoned or unconfined spouse
270	270	resides, on application by affidavit of such husband or wifethe abandoned or unconfined spouse
271	271	fully setting forth the facts and supported by such other testimony as the court may deemdeems
272	272	necessary, may authorize that personthe abandoned or unconfined spouse to manage, control,
273	273	sell, or encumber the property of the husband or wifeother spouse for the support and
274	274	maintenance of the family and for the purpose of paying debts contracted prior to suchbefore
275	275	the abandonment or imprisonment. Notice of suchthe proceedings must be given to the
276	276	opposite party and must be served as a summons is served in ordinary actions.
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310	310	SECTION 14. AMENDMENT. Section 14-07-13 of the North Dakota Century Code is
311	311	amended and reenacted as follows:
312	312	14-07-13. Contracts made under power given by court binding on both parties.
313	313	All contracts, sales, or encumbrances made by either by the husband or the wifespouse by
314	314	virtue of the power contemplated and granted by order of the court as provided in section
315	315	14-07-12 are binding on both, and during suchthe absence or imprisonment, the personspouse
316	316	acting under suchthat power may sue and be sued thereon. For all acts done, the property of
317	317	both parties is liable, and execution may be levied or attachment issued thereonon that property
318	318	according to statute. NoA suit or proceedings mayproceeding may not abate or in
319	319	anywiseotherwise be affected by the return or release of the person confinedconfined spouse,
320	320	but that personspouse may be permitted to prosecute or defend jointly with the other.
321	321	SECTION 15. AMENDMENT. Section 14-07-14 of the North Dakota Century Code is
322	322	amended and reenacted as follows:
323	323	14-07-14. When order for transfer may be set aside.
324	324	The husband or wifespouse affected by the proceedings contemplated in sections 14-07-12
325	325	and 14-07-13 may have the order or decree of the court set aside or annulled by affidavit of
326	326	suchthat party, setting forth fully the facts and supported by such other testimony as the court
327	327	shall deemdeems proper. Notice of proceedings to set aside and annul the order must be given
328	328	the person in whose favor the same was granted and must be served as a summons is served
329	329	in an ordinary action. The setting aside of the decree or order in no way affects anydoes not
330	330	affect an act done thereundertaken under the decree or order.
331	331	SECTION 16. AMENDMENT. Subsection 9 of section 14-12.2-28 of the North Dakota
332	332	Century Code is amended and reenacted as follows:
333	333	9.The defense of immunity based on the spousal relationship of husband and wife or the
334	334	parent and child relationship does not apply in a proceeding under this chapter.
335	335	SECTION 17. AMENDMENT. Subsection 4 of section 14-14.1-30 of the North Dakota
336	336	Century Code is amended and reenacted as follows:
337	337	4.A privilege against disclosure of communications between spouses and a defense of
338	338	immunity based on the spousal relationship of husband and wife or parent and child
339	339	relationship may not be invoked in a proceeding under sections 14-14.1-22 through
340	340	14-14.1-37.
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374	374	SECTION 18. AMENDMENT. Section 14-15-03 of the North Dakota Century Code is
375	375	amended and reenacted as follows:
376	376	14-15-03. Who may adopt.
377	377	The following individuals may adopt:
378	378	1.A husband and wifeTwo married individuals together although one or both are minors.
379	379	2.An unmarried adult.
380	380	3.The unmarried father or mother of the individual to be adopted.
381	381	4.A married individual without the other spouse joining as a petitioner, if the individual to
382	382	be adopted is not the adopting person'sindividual's spouse, and if:
383	383	a.The petitioner is a stepparent of the individual to be adopted and the biological or
384	384	legal parent of the individual to be adopted consents;
385	385	b.The petitioner and the other spouse are legally separated; or
386	386	c.The failure of the other spouse to join in the petition or to consent to the adoption
387	387	is excused by the court by reason of prolonged unexplained absence,
388	388	unavailability, incapacity, or circumstances constituting an unreasonable
389	389	withholding of consent.
390	390	SECTION 19. AMENDMENT. Section 14-15-20 of the North Dakota Century Code is
391	391	amended and reenacted as follows:
392	392	14-15-20. Adoption and legitimation by conduct.
393	393	Notwithstanding the other provisions of this chapter, the biological father of an illegitimate
394	394	minor adopts and legitimates a minor by publicly acknowledging the minor as that man's child,
395	395	receiving the minor into that man's home, with the consent of that man's wifespouse, if that man
396	396	is married, and otherwise treating the minor as if the minor were legitimate. Thereafter, the
397	397	minor is deemed the legitimate child of the father for all purposes from the time of birth of the
398	398	minor, the same as if the adoption had been finally decreed pursuant to this chapter.
399	399	SECTION 20. AMENDMENT. Section 14-18-05 of the North Dakota Century Code is
400	400	amended and reenacted as follows:
401	401	14-18-05. Surrogate agreements.
402	402	Any agreement in which a woman agrees to become a surrogate or to relinquish that
403	403	woman's rights and duties as parent of a child conceived through assisted conception is void.
404	404	The surrogate, however, is the mother of a resulting child and the surrogate's husbandspouse, if
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438	438	a party to the agreement, is the fathera parent of the child. If the surrogate's husbandspouse is
439	439	not a party to the agreement or the surrogate is unmarried, paternity of the child is governed by
440	440	chapter 14-20.
441	441	SECTION 21. AMENDMENT. Section 14-18-08 of the North Dakota Century Code is
442	442	amended and reenacted as follows:
443	443	14-18-08. Gestational carrier agreements.
444	444	A child born to a gestational carrier is a child of the intended parents for all purposes and is
445	445	not a child of the gestational carrier and the gestational carrier's husbandspouse, if any.
446	446	SECTION 22. AMENDMENT. Section 20.1-03-06 of the North Dakota Century Code is
447	447	amended and reenacted as follows:
448	448	20.1-03-06. Contents of resident general game, fur-bearer, or fishing licenses -
449	449	Licenses not transferable - Resident family fishing license.
450	450	1.A resident general game, fur-bearer, or fishing license is not transferable. Each such
451	451	license shallmust:
452	452	1.a.Describe the licensee.
453	453	2.b.Designate the licensee's place of residence.
454	454	3.c.Have printed upon it in large figures the year for which it is issued, or if it is a
455	455	fur-bearer license, the statement that it expires on the first day of September
456	456	following the date of issue.
457	457	4.d.Have printed upon it in large letters the word "nontransferable".
458	458	5.e.Be issued in the name of the director.
459	459	2.In addition to the regular resident fishing license, there is hereby authorized a resident
460	460	family fishing license allowing the husband and wife of a familymay be issued which
461	461	allows two individuals married to each other to fish under one license. SuchA family
462	462	fishing license shall beis valid for the same period as other resident fishing licenses
463	463	and shall be issued in duplicate. The husband and wife are each toEach spouse shall
464	464	have a copy in possession while fishing.
465	465	SECTION 23. AMENDMENT. Subsections 8, 28, and 31 of section 20.1-03-12 of the North
466	466	Dakota Century Code are amended and reenacted as follows:
467	467	8.For a resident husband and wife fishing license for two individuals married to each
468	468	other, twenty-two dollars.
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502	502	28.For a resident husband and wife frog license for two individuals married to each other,
503	503	five dollars.
504	504	31.For a nonresident husband and wife fishing license for two individuals married to each
505	505	other, sixty dollars.
506	506	SECTION 24. AMENDMENT. Section 30.1-10-02 of the North Dakota Century Code is
507	507	amended and reenacted as follows:
508	508	30.1-10-02. (2-802) Effect of divorce, annulment, and decree of separation.
509	509	1.An individual who is divorced from the decedent or whose marriage to the decedent
510	510	has been annulled is not a surviving spouse unless, by virtue of a subsequent
511	511	marriage, the spouse is married to the decedent at the time of death. A decree of
512	512	separation that does not terminate the marital status of husband and wifethe spouses
513	513	is not a divorce for purposes of this section.
514	514	2.For purposes of chapters 30.1-04 through 30.1-07 and section 30.1-13-03, a surviving
515	515	spouse does not include:
516	516	a.An individual who obtains or consents to a final decree or judgment of divorce
517	517	from the decedent or an annulment of their marriage, which decree or judgment
518	518	is not recognized as valid in this state, unless subsequently thatthey participate in
519	519	a marriage ceremony purporting to marry each to the other or live together as
520	520	husband and wifemarried individuals;
521	521	b.An individual who, following an invalid decree or judgment of divorce or
522	522	annulment obtained by the decedent, participates in a marriage ceremony with a
523	523	third individual; or
524	524	c.An individual who was a party to a valid proceeding concluded by an order
525	525	purporting to terminate all marital property rights.
526	526	SECTION 25. AMENDMENT. Subdivision b of subsection 1 of section 30.1-10-04 of the
527	527	North Dakota Century Code is amended and reenacted as follows:
528	528	b."Divorce or annulment" means any divorce or annulment, or any dissolution or
529	529	declaration of invalidity of a marriage, that would exclude the spouse as a
530	530	surviving spouse within the meaning of section 30.1-10-02. A decree of
531	531	separation that does not terminate the marital status of husband and wifethe
532	532	spouses is not a divorce for purposes of this section.
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564	564	31 Sixty-ninth
565	565	Legislative Assembly
566	566	SECTION 26. AMENDMENT. Section 35-01-04 of the North Dakota Century Code is
567	567	amended and reenacted as follows:
568	568	35-01-04. Creation of lien by contract or by operation of law - Special circumstances
569	569	and exception.
570	570	1.A lien or security interest is created by contract or by operation of law. No lien arisesA
571	571	lien does not arise by operation of law until the time at which the act secured by the
572	572	lien is to be performed.
573	573	2.A security interest in personal property is governed by chapter 41-09, except that a bill
574	574	of sale or security agreement, that is not a purchase money security interest, with
575	575	respect to household goods, effects, furniture of individuals married personsto each
576	576	other, or personal property exempt from execution is void unless the instrument by
577	577	which it is transferred or encumbered is jointly executed by the husband and wife
578	578	individuals married to each other, if both are living.
579	579	3.This section does not apply to transfers or liens arising by operation of law nor to
580	580	security agreements relating to threshed grains made with any lending agency
581	581	authorized to make commodity credit corporation loans on threshed grains.
582	582	SECTION 27. AMENDMENT. Section 47-18-04 of the North Dakota Century Code is
583	583	amended and reenacted as follows:
584	584	47-18-04. When homestead subject to execution.
585	585	A homestead is subject to execution or forced sale in satisfaction of judgments obtained in
586	586	the following cases:
587	587	1.On debts secured by mechanics', construction, or laborers' liens for work or labor done
588	588	or performed or material furnished exclusively for the improvement of the same.
589	589	2.On debts secured by mortgage on the premises executed and acknowledged by both
590	590	husband and wifeparties to a marriage, or an unmarried claimant.
591	591	3.On debts created for the purchase thereofof the homestead and for all taxes accruing
592	592	and levied thereonon the homestead.
593	593	4.On all other debts when, upon an appraisal as provided by section 47-18-06, it
594	594	appears that the value of the homestead is more than one hundred fifty thousand
595	595	dollars over and above liens or encumbrances on the homestead, and then only to the
596	596	Page No. 10 25.0560.01000
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626	626	30 Sixty-ninth
627	627	Legislative Assembly
628	628	extent of any value in excess of the sum total of the liens and encumbrances plus said
629	629	one hundred fifty thousand dollars.
630	630	SECTION 28. AMENDMENT. Section 47-18-05 of the North Dakota Century Code is
631	631	amended and reenacted as follows:
632	632	47-18-05. Homestead - How conveyed.
633	633	The homestead of a married personindividual, without regard to the value thereofof the
634	634	homestead, cannotmay not be conveyed or encumbered unless the instrument by which it is
635	635	conveyed or encumbered is executed and acknowledged by both the husband and wifeparties
636	636	to a marriage.
637	637	SECTION 29. AMENDMENT. Section 47-18-14 of the North Dakota Century Code is
638	638	amended and reenacted as follows:
639	639	47-18-14. Proceeds of sale exempt - Disposition.
640	640	If the sale of a homestead is made as provided in section 47-18-13, the proceeds thereofof
641	641	the sale to the amount of the homestead exemption must be paid to the claimant and the
642	642	residue applied to the satisfaction of the execution. When the execution is against a married
643	643	claimant whose spouse is living, the court may direct that the one hundred fifty thousand dollars
644	644	be deposited in court to be paid out only on the joint receipt of the husband and wifeboth
645	645	spouses, and it shall possess all the protection against legal process and voluntary disposition
646	646	by either spouse as did the original homestead premises whether paid directly to the claimant or
647	647	to the husband and wifeboth spouses jointly.
648	648	SECTION 30. AMENDMENT. Section 50-25.1-10 of the North Dakota Century Code is
649	649	amended and reenacted as follows:
650	650	50-25.1-10. Abrogation of privileged communications.
651	651	Any privilege of communication between husband and wifetwo individuals married to each
652	652	other or between any professional person and the person's patient or client, except between
653	653	attorney and client, is abrogated and does not constitute grounds for preventing a report to be
654	654	made or for excluding evidence in any proceeding regarding child abuse, neglect, or death
655	655	resulting from abuse or neglect resulting from a report made under this chapter.
656	656	SECTION 31. AMENDMENT. Subsection 4 of section 54-52.4-02 of the North Dakota
657	657	Century Code is amended and reenacted as follows:
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689	689	Legislative Assembly
690	690	4.In any case in which a husband and wifeIf two individuals married to each other are
691	691	each entitled to family leave under this chapter and are employed by the same
692	692	employer, the aggregate period of family leave to which both are entitled may be
693	693	limited by the employer to twelve workweeks during any twelve-month period.
694	694	SECTION 32. AMENDMENT. Subsection 2 of section 57-38-31 of the North Dakota
695	695	Century Code is amended and reenacted as follows:
696	696	2.The same filing status and deduction method used by a husband and wifetwo
697	697	individuals married to each other when filing federal income tax returns must be used
698	698	when filing state income tax returns.
699	699	SECTION 33. AMENDMENT. Subsection 5 of section 57-40.3-04 of the North Dakota
700	700	Century Code is amended and reenacted as follows:
701	701	5.a.A motor vehicle acquired by inheritance from, by bequest of, or operation of a
702	702	trust created by a decedent who owned it;
703	703	b.The transfer of a motor vehicle that was previously titled or licensed in the name
704	704	of an individual or in the names of two or more joint tenants and subsequently
705	705	transferred without monetary consideration to one or more joint tenants, including
706	706	a transfer into a trust in which one or more of the joint tenants is beneficiary or
707	707	trustee;
708	708	c.The transfer of a motor vehicle by way of gift between a husband and wifetwo
709	709	individuals married to each other, parent and child, grandparent and grandchild,
710	710	or brothers and sisters, including a transfer into a trust in which the trustor and
711	711	beneficiary occupy one of these relationships;
712	712	d.The transfer of a motor vehicle without monetary consideration into a trust in
713	713	which the beneficiary is the person in whose name the motor vehicle was
714	714	previously titled or licensed;
715	715	e.The transfer of a motor vehicle to reflect a new name of the owner caused by a
716	716	business reorganization in which the ownership of the reorganized business
717	717	remains in the same person or persons as before the reorganization, if the title
718	718	transfer is completed within one hundred eighty days from the effective date of
719	719	the reorganization;
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751	751	Legislative Assembly
752	752	f.The transfer of a motor vehicle previously transferred under subdivision e which
753	753	returns ownership to the previous owner; and
754	754	g.The transfer of a motor vehicle without monetary consideration from a revocable
755	755	living trust to the trustor or to the spouse, child, or sibling of the trustor.
756	756	SECTION 34. AMENDMENT. Section 57-40.3-07 of the North Dakota Century Code is
757	757	amended and reenacted as follows:
758	758	57-40.3-07. Title or license registration not to be issued unless tax paid.
759	759	No title or license registration shall be issued by theThe director of the department of
760	760	transportation may not issue a title or license registration for the ownership or operation of anya
761	761	motor vehicle to anyan applicant for title or license registration unless the tax imposed by this
762	762	chapter shall beis paid by the applicant to the director of the department of transportation
763	763	except:
764	764	1.For those vehicles whichthat have been previously licensed and the applicant for
765	765	license registration is the same person in whose name the license registration had
766	766	previously been issued.
767	767	2.For those vehicles transferred by way of gift between a husband and wifetwo
768	768	individuals married to each other, parent and child, or brothers and sisters.
769	769	3.For those vehicles whichthat have been previously licensed and the applicant for
770	770	license registration is the same business organization to which the license registration
771	771	had been issued but the name of which has been changed through incorporation or
772	772	other reorganization in business structure but the ownership of which remains in the
773	773	same person or persons as prior tobefore the reorganization.
774	774	4.For vehicles whichthat have been previously licensed and are transferred between a
775	775	member of a general or limited partnership and the partnership at the time the
776	776	partnership is established or terminated, between a stockholder of a corporation and
777	777	the corporation at the time the corporation is organized or liquidated, or between a
778	778	member of a limited liability company and the limited liability company at the time the
779	779	limited liability company is organized or terminated.
780	780	5.For a vehicle leased and registered or licensed in another state by a nonresident
781	781	individual who is stationed as a member of the armed services of the United States in
782	782	this state, the vehicle is exempt from tax imposed under this chapter and registration
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814	814	31 Sixty-ninth
815	815	Legislative Assembly
816	816	in this state must be issued upon application and payment of appropriate registration
817	817	fees.
818	818	SECTION 35. AMENDMENT. Subsection 3 of section 57-40.5-03 of the North Dakota
819	819	Century Code is amended and reenacted as follows:
820	820	3.Aircraft whichthat were previously titled or registered in the names of two or more joint
821	821	tenants and subsequently transferred without monetary consideration to one or more
822	822	of the joint tenants; the transfer of aircraft by gift, inheritance, or devise between a
823	823	husband and wifetwo individuals married to each other, parent and child, or brothers
824	824	and sisters; and the transfer of aircraft to reflect a new name of the owner caused by a
825	825	business reorganization, if the ownership of the business organization remains in the
826	826	same person or persons as prior tobefore the reorganization.
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