North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2308 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25.0776.03006
2		-	Title.06000
3		-	Adopted by the Conference Committee
	1	+	25.0776.05000
4	2		Sixty-ninth
5		-	April 18, 2025
6	3		Legislative Assembly
7	4		of North Dakota
8	5		Introduced by
9	6		Senators Roers, Hogue
10	7		Representatives Lefor, Louser
11		-	In place of amendment (25.0776.03003) adopted by the House, Engrossed Senate Bill
12		-	No. 2308 is amended by amendment (25.0776.03006) as follows:
13	8		A BILL for an Act to create and enact a new section to chapter 23.1-01, a new section to chapter
14		-	54-07, and atwo new sectionsections to chapter 61-03 of the North Dakota Century Code,
15		-	relating to standards for well drilling and installation of water well pumps, pitless units, and
16		-	monitoring wells, a boards review task force, a water well contractors advisory board, and
17		-	requirements for firms engaged in water well work, installation of water well pump and pitless
18		-	units, monitoring well work, and drilling of geothermal systems; to amend and reenact section
19		-	6-09-43, subdivision j of subsection 2 of section 15.1-01-04, sections 15.1-07-33 and
20		-	23-35-02.2, subsection 1 of section 50-06-01.4, sections 52-02-02 and 52-02-08, subsection 1
21		-	of section 54-07-01.2, sections 54-54-05, 54-59-26, 54-59-27, 54-59-34, 54-59-36, 54-59-37,
22		-	54-59-39, 61-03-01.3, 61-04.1-03, 61-04.1-08, 61-04.1-09, 61-04.1-12, 61-04.1-14, 61-04.1-15,
23		-	61-04.1-16, 61-04.1-17, 61-04.1-18, 61-04.1-19, 61-04.1-20, 61-04.1-21, 61-04.1-33,
24		-	61-04.1-34, 61-04.1-37, 61-04.1-38, and 61-04.1-39, and subdivision a of subsection 2 of
25		-	section 65-02-03.1 of the North Dakota Century Code, relating to the wastewater recycling
26		-	treatment guide, boards and commissions, the unemployment insurance advisory council,
27		-	gubernatorial appointments, the committee on aging, health information technology advisory
28		-	committee, statewide longitudinal data system committee, atmospheric resource board, the
29		-	department of health and human services, the council on the arts, the state engineer, the
30		-	superintendent of public instruction, job service North Dakota, and workforce safety and
31		-	insurance coordinating committee; to repeal chapter 8-11.1, sections 12-48-06.1, 15.1-37-05,
32		-	15.1-37-06, and 15.1-37-08, chapter 17-07, sections 19-24.1-38, 19-24.1-39, and 23-35-02.3,
33		-	chapters 34-16 and 43-35, sections 50-06-05.6, 50-06.4-10, 50-11.1-25, 50-11.1-26, 50-11.1-27,
34		-	Page No. 1 25.0776.03006
	9	+	54-07, and a new section to chapter 61-03 of the North Dakota Century Code, relating to
	10	+	standards for well drilling and installation of water well pumps, pitless units, and monitoring
	11	+	wells, a boards review task force, and requirements for firms engaged in water well work,
	12	+	installation of water well pump and pitless units, monitoring well work, and drilling of geothermal
	13	+	systems; to amend and reenact section 6-09-43, subdivision j of subsection 2 of section
	14	+	15.1-01-04, sections 15.1-07-33 and 23-35-02.2, subsection 1 of section 50-06-01.4, sections
	15	+	52-02-02 and 52-02-08, subsection 1 of section 54-07-01.2, sections 54-54-05, 54-59-26,
	16	+	54-59-27, 54-59-34, 54-59-36, 54-59-37, 54-59-39, 61-03-01.3, 61-04.1-03, 61-04.1-08,
	17	+	61-04.1-09, 61-04.1-12, 61-04.1-14, 61-04.1-15, 61-04.1-16, 61-04.1-17, 61-04.1-18,
	18	+	61-04.1-19, 61-04.1-20, 61-04.1-21, 61-04.1-33, 61-04.1-34, 61-04.1-37, 61-04.1-38, and
	19	+	61-04.1-39, and subdivision a of subsection 2 of section 65-02-03.1 of the North Dakota
	20	+	Century Code, relating to the wastewater recycling treatment guide, boards and commissions,
	21	+	the unemployment insurance advisory council, gubernatorial appointments, the committee on
	22	+	aging, health information technology advisory committee, statewide longitudinal data system
	23	+	committee, atmospheric resource board, the department of health and human services, the
	24	+	council on the arts, the state engineer, the superintendent of public instruction, job service North
	25	+	Dakota, and workforce safety and insurance coordinating committee; to repeal chapter 8-11.1,
	26	+	sections 12-48-06.1, 15.1-37-05, 15.1-37-06, and 15.1-37-08, chapter 17-07, sections
	27	+	19-24.1-38, 19-24.1-39, and 23-35-02.3, chapters 34-16 and 43-35, sections 50-06-05.6,
	28	+	50-06.4-10, 50-11.1-25, 50-11.1-26, 50-11.1-27, 52-02-07, 54-34.3-10, 54-54-10, 54-59-25,
	29	+	54-59-33, 54-59-35, 54-59-38, 54-60-25, 55-01-13, 55-01-14, 61-04.1-04, 61-04.1-05,
	30	+	61-04.1-06, 61-04.1-07, and 61-04.1-10, and chapter 61-36 of the North Dakota Century Code,
	31	+	Page No. 1 25.0776.05000
35	32		ENGROSSED SENATE BILL NO. 2308
36	33		FIRST ENGROSSMENT
37		-	PROPOSED AMENDMENTS TO
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58		-	21 Sixty-ninth
59		-	Legislative Assembly
60		-	52-02-07, 54-34.3-10, 54-54-10, 54-59-25, 54-59-33, 54-59-35, 54-59-38, 54-60-25, 55-01-13,
61		-	55-01-14, 61-04.1-04, 61-04.1-05, 61-04.1-06, 61-04.1-07, and 61-04.1-10, and chapter 61-36
62		-	of the North Dakota Century Code, relating to occupational and professional boards, the
63		-	midwest interstate passenger rail compact, prison industry advisory committee, energy policy
64		-	commission, medical marijuana advisory committee, onsite wastewater recycling technical
65		-	committee, state board of water well contractors, committee on aging, brain injury advisory
66		-	council, early childhood council, unemployment insurance advisory council, commission on the
67		-	status of women, health information technology advisory committee, poet laureate nominating
68		-	board, rural development council, America 250 commission, atmospheric resource board, and
69		-	Devils Lake outlet management advisory committee; to provide for a legislative management
70		-	report; to provide an effective date; and to provide an expiration date.
71		-	BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
72		-	SECTION 1. AMENDMENT. Section 6-09-43 of the North Dakota Century Code is amended
73		-	and reenacted as follows:
74		-	6-09-43. Health information technology planning loan fund - Appropriation.
75		-	1.The health information technology planning loan fund is established in the Bank for the
76		-	purpose of providing low-interest loans to health care entities to assist those entities in
77		-	improving health information technology infrastructure. This fund is a revolving loan
78		-	fund. All moneys transferred into the fund, interest upon moneys in the fund, and
79		-	collections of interest and principal on loans made from the fund are appropriated for
80		-	disbursement according to this section.
81		-	2.The Bank shall make loans from this fund to health care entities as approved by the
82		-	health information technology office director, in collaboration with the health
83		-	information technology advisory committee, in accordance with the criteria established
84		-	by the health information technology director under section 54-59-26.
85		-	3.The Bank shall administer the health information technology planning loan fund. Funds
86		-	in the loan fund may be used for loans as provided under this section and the costs of
87		-	administration of the fund. Annually, the Bank may deduct a service fee for
88		-	administering the revolving loan fund maintained under this section.
89		-	Page No. 2 25.0776.03006
	34	+	with House Amendments
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	57	+	23 Sixty-ninth
119	58		Legislative Assembly
	59	+	relating to occupational and professional boards, the midwest interstate passenger rail compact,
	60	+	prison industry advisory committee, energy policy commission, medical marijuana advisory
	61	+	committee, onsite wastewater recycling technical committee, state board of water well
	62	+	contractors, committee on aging, brain injury advisory council, early childhood council,
	63	+	unemployment insurance advisory council, commission on the status of women, health
	64	+	information technology advisory committee, poet laureate nominating board, rural development
	65	+	council, America 250 commission, atmospheric resource board, and Devils Lake outlet
	66	+	management advisory committee; to provide for a legislative management report; to provide an
	67	+	effective date; and to provide an expiration date.
	68	+	BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
	69	+	SECTION 1. AMENDMENT. Section 6-09-43 of the North Dakota Century Code is amended
	70	+	and reenacted as follows:
	71	+	6-09-43. Health information technology planning loan fund - Appropriation.
	72	+	1.The health information technology planning loan fund is established in the Bank for the
	73	+	purpose of providing low-interest loans to health care entities to assist those entities in
	74	+	improving health information technology infrastructure. This fund is a revolving loan
	75	+	fund. All moneys transferred into the fund, interest upon moneys in the fund, and
	76	+	collections of interest and principal on loans made from the fund are appropriated for
	77	+	disbursement according to this section.
	78	+	2.The Bank shall make loans from this fund to health care entities as approved by the
	79	+	health information technology office director, in collaboration with the health
	80	+	information technology advisory committee, in accordance with the criteria established
	81	+	by the health information technology director under section 54-59-26.
	82	+	3.The Bank shall administer the health information technology planning loan fund. Funds
	83	+	in the loan fund may be used for loans as provided under this section and the costs of
	84	+	administration of the fund. Annually, the Bank may deduct a service fee for
	85	+	administering the revolving loan fund maintained under this section.
120	86		4.An application for a loan under this section must be made to the health information
121	87		technology office. The health information technology office director, in collaboration
122	88		with the health information technology advisory committee, may approve the
123		-	application of a qualified applicant that meets the criteria established by the health
124		-	information technology office director. The health information technology office shall
125		-	forward approved applications to the Bank. Upon approval of the application by the
126		-	Bank, the Bank shall make the loan from the revolving loan fund as provided under
127		-	this section.
128		-	5.The Bank may do all acts necessary to negotiate loans and preserve security as
129		-	deemed necessary, to exercise any right of redemption, and to bring suit in order to
130		-	collect interest and principal due the revolving loan fund under mortgages, contracts,
131		-	and notes executed to obtain loans under this section. If the applicant's plan for
132		-	financing provides for a loan of funds from sources other than the state of North
133		-	Dakota, the Bank may make a loan subordinate security interest. The Bank may
134		-	recover from the revolving loan fund amounts actually expended by the Bank for legal
135		-	fees and to effect a redemption.
136		-	SECTION 2. AMENDMENT. Subdivision j of subsection 2 of section 15.1-01-04 of the North
137		-	Dakota Century Code is amended and reenacted as follows:
138		-	j.The following gubernatorial appointees:
139		-	(1)An individual representing the statewide longitudinal data system
140		-	committee;
141		-	(2)An individual representing tribal school interests;
142		-	(3)(2)An individual employed as a public school administrator;
143		-	(4)(3)An individual employed as a public school principal;
144		-	(5)(4)An individual employed as a public elementary school teacher;
145		-	(6)(5)An individual employed as a public secondary school teacher;
146		-	(7)(6)A director of a special education unit; and
147		-	(8)(7)A director of a regional education association.
148		-	SECTION 3. AMENDMENT. Section 15.1-07-33 of the North Dakota Century Code is
149		-	amended and reenacted as follows:
150		-	Page No. 3 25.0776.03006
	89	+	Page No. 2 25.0776.05000
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181	120		Legislative Assembly
	121	+	application of a qualified applicant that meets the criteria established by the health
	122	+	information technology office director. The health information technology office shall
	123	+	forward approved applications to the Bank. Upon approval of the application by the
	124	+	Bank, the Bank shall make the loan from the revolving loan fund as provided under
	125	+	this section.
	126	+	5.The Bank may do all acts necessary to negotiate loans and preserve security as
	127	+	deemed necessary, to exercise any right of redemption, and to bring suit in order to
	128	+	collect interest and principal due the revolving loan fund under mortgages, contracts,
	129	+	and notes executed to obtain loans under this section. If the applicant's plan for
	130	+	financing provides for a loan of funds from sources other than the state of North
	131	+	Dakota, the Bank may make a loan subordinate security interest. The Bank may
	132	+	recover from the revolving loan fund amounts actually expended by the Bank for legal
	133	+	fees and to effect a redemption.
	134	+	SECTION 2. AMENDMENT. Subdivision j of subsection 2 of section 15.1-01-04 of the North
	135	+	Dakota Century Code is amended and reenacted as follows:
	136	+	j.The following gubernatorial appointees:
	137	+	(1)An individual representing the statewide longitudinal data system
	138	+	committee;
	139	+	(2)An individual representing tribal school interests;
	140	+	(3)(2)An individual employed as a public school administrator;
	141	+	(4)(3)An individual employed as a public school principal;
	142	+	(5)(4)An individual employed as a public elementary school teacher;
	143	+	(6)(5)An individual employed as a public secondary school teacher;
	144	+	(7)(6)A director of a special education unit; and
	145	+	(8)(7)A director of a regional education association.
	146	+	SECTION 3. AMENDMENT. Section 15.1-07-33 of the North Dakota Century Code is
	147	+	amended and reenacted as follows:
182	148		15.1-07-33. Student information system - Exemption.
183	149		1.Notwithstanding any other technology requirements imposed by the superintendent of
184	150		public instruction or the information technology department, each school district shall
185	151		implement the state student information system administered by the information
186		-	technology departmentsuperintendent of public instruction and use it as its principal
187		-	student information system. Each school district shall use a state course code,
188		-	assigned by the department of public instruction, to identify all local classes in the
189		-	state student information system.
190		-	2.The statewide longitudinal data system committeesuperintendent of public instruction
191		-	may exempt a school district from having to implement and utilize the state student
192		-	information system if the school district demonstrates that:
193		-	a.The district has acquired and is using a student information system determined to
194		-	be compatible with the statewide longitudinal data system; or
195		-	b.In accordance with requirements of the bureau of Indian education, the district
196		-	has acquired and is utilizing a student information system that is determined to
197		-	be comparable by the superintendent.
198		-	SECTION 4. AMENDMENT. Section 23-35-02.2 of the North Dakota Century Code is
199		-	amended and reenacted as follows:
200		-	23-35-02.2. Public health units to adopt onsite wastewater recycling treatment guide.
201		-	Each public health unit shall adopt the statewide technical guide for onsite wastewater
202		-	recycling treatment technologies and sewage distribution technologies established by the onsite
203		-	wastewater recycling technical committeedepartment of environmental quality .
204		-	SECTION 5. A new section to chapter 23.1-01 of the North Dakota Century Code is created
205		-	and enacted as follows:
206		-	Standards for well drilling and installation of water well pumps, pitless units, and
207		-	monitoring wells - Reports required.
208		-	1.All construction of water wells must comply with the rules adopted by the department
209		-	of environmental quality. Within thirty days after the completion of each well, each
210		-	water well contractor shall furnish to the department on forms provided by the
211		-	department any information required by the department, including a log of formations
212		-	penetrated, well depth, and casing size and weight. A copy of each report also must be
213		-	Page No. 4 25.0776.03006
	152	+	Page No. 3 25.0776.05000
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246		-	furnished to the customer. All information submitted must remain the property of the
247		-	department.
	185	+	technology departmentsuperintendent of public instruction and use it as its principal
	186	+	student information system. Each school district shall use a state course code,
	187	+	assigned by the department of public instruction, to identify all local classes in the
	188	+	state student information system.
	189	+	2.The statewide longitudinal data system committeesuperintendent of public instruction
	190	+	may exempt a school district from having to implement and utilize the state student
	191	+	information system if the school district demonstrates that:
	192	+	a.The district has acquired and is using a student information system determined to
	193	+	be compatible with the statewide longitudinal data system; or
	194	+	b.In accordance with requirements of the bureau of Indian education, the district
	195	+	has acquired and is utilizing a student information system that is determined to
	196	+	be comparable by the superintendent.
	197	+	SECTION 4. AMENDMENT. Section 23-35-02.2 of the North Dakota Century Code is
	198	+	amended and reenacted as follows:
	199	+	23-35-02.2. Public health units to adopt onsite wastewater recycling treatment guide.
	200	+	Each public health unit shall adopt the statewide technical guide for onsite wastewater
	201	+	recycling treatment technologies and sewage distribution technologies established by the onsite
	202	+	wastewater recycling technical committeedepartment of environmental quality.
	203	+	SECTION 5. A new section to chapter 23.1-01 of the North Dakota Century Code is created
	204	+	and enacted as follows:
	205	+	Standards for well drilling and installation of water well pumps, pitless units, and
	206	+	monitoring wells - Reports required.
	207	+	1.All construction of water wells must comply with the rules adopted by the department
	208	+	of environmental quality.
248	209		2.All installation of water well pumps and pitless units must comply with the rules
249	210		adopted by the department of environmental quality.
250	211		3.All monitoring wells constructed must comply with the rules adopted by the department
251	212		of environmental quality. Each monitoring well contractor shall furnish all reports
252	213		required by the rules of the department.
253	214		4.All drilling of geothermal systems must comply with the rules adopted by the
254	215		department of environmental quality and the state geologist.
255		-	SECTION 6. AMENDMENT. Subsection 1 of section 50-06-01.4 of the North Dakota
256		-	Century Code is amended and reenacted as follows:
257		-	1.The department includes the state hospital, the regional human service centers, a
258		-	vocational rehabilitation unit, public health division, and other units or offices and
259		-	administrative and fiscal support services as the commissioner of the department
260		-	determines necessary. The department must be structured to promote efficient and
261		-	effective operations and, consistent with fulfilling its prescribed statutory duties, shall
262		-	act as the official agency of the state in the discharge of the following functions not
263		-	otherwise by law made the responsibility of another state agency:
264		-	a.(1)Administration of programs for children and families, including adoption
265		-	services and the licensure of child-placing agencies, foster care services
266		-	and the licensure of foster care arrangements, certification of shelter care
267		-	services, child protection services, children's trust fund, licensure of early
268		-	childhood programs, refugee services, in-home community-based services,
269		-	quality control, and administration of the interstate compacts on the
270		-	placement of children and juveniles, and the early childhood services
271		-	advisory board .
272		-	(2)Administration of programs to identify all available options for effectively
273		-	maximizing the provision of early childhood services within the state and
274		-	address the coordinated utilization of facilities and personnel for the
275		-	provision of early childhood services within the state.
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308		-	b.Administration of programs for individuals with developmental disabilities,
309		-	including licensure of facilities and services, the establishment funding for family
310		-	members and corporate guardianships, and the design and implementation of a
311		-	community-based service system for persons in need of habilitation.
312		-	c.Administration of aging service programs, including nutrition, transportation,
313		-	advocacy, social, ombudsman, recreation, and related services funded under the
314		-	Older Americans Act of 1965 [42 U.S.C. 3001 et seq.], home and
315		-	community-based services, licensure of adult foster care homes, and the
316		-	committee on aging.
317		-	d.Administration of behavioral health programs, including reviewing and identifying
318		-	service needs and activities in the state's behavioral health system in an effort to
319		-	ensure health and safety, access to services, and quality of services; establishing
320		-	quality assurance standards for the licensure of substance use disorder program
321		-	services and facilities; providing policy leadership in partnership with public and
322		-	private entities; and providing chronic disease management, regional intervention
323		-	services, and twenty-four-hour crisis services for individuals with behavioral
324		-	health disorders.
325		-	e.Administration of economic assistance programs, including temporary assistance
326		-	for needy families, the supplemental nutrition assistance program, home energy
327		-	assistance, child care assistance, refugee assistance, work experience, work
328		-	incentive, and quality control.
329		-	f.Administration of medical service programs, including medical assistance for
330		-	children's health insurance program, Medicaid waivers, early and periodic
331		-	screening, diagnosis and treatment, utilization control, autism services, and
332		-	claims processing.
333		-	g.Administration of general assistance.
334		-	h.Administration of child support.
335		-	i.Administration of program, services, and licensing outlined in title 23 and other
336		-	previous duties of the state department of health and state health council.
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366		-	29 Sixty-ninth
367		-	Legislative Assembly
368		-	j.Administration of a program to improve the quality of life for an individual with
369		-	brain injury and the individual's family through brain injury awareness, prevention,
370		-	research, education, collaboration, support services, and advocacy.
371		-	SECTION 7. AMENDMENT. Section 52-02-02 of the North Dakota Century Code is
372		-	amended and reenacted as follows:
373		-	52-02-02. Powers, duties, organization, and methods of procedure of bureau - Seal.
374		-	The bureau may adopt, amend, or rescind such rules and regulations, make such
375		-	expenditures, require such reports, make such investigations, and take such other action as it
376		-	deems necessary or suitable in the administration of the North Dakota unemployment
377		-	compensation law. Such rulesAll rules and regulations are effective upon publication in the
378		-	manner, not inconsistent with the provisions of the North Dakota unemployment compensation
379		-	law, which the bureau shall prescribe. The bureau shall determine its own organization and
380		-	methods of procedure in accordance with the provisions of the North Dakota unemployment
381		-	compensation law and shall have an official seal which shall be noticed judicially.
382		-	SECTION 8. AMENDMENT. Section 52-02-08 of the North Dakota Century Code is
383		-	amended and reenacted as follows:
384		-	52-02-08. Bureau and advisory councils to take steps to stabilize employment.
385		-	The bureau, with the advice and aid of its advisory councils, and through its appropriate
386		-	divisions, shall take appropriate steps to:
387		-	1.Reduce and prevent unemployment.
388		-	2.Encourage and assist in the adoption of practical methods of career and technical
389		-	education training, retraining, and career development counseling.
390		-	3.Investigate, recommend, advise, and assist in the establishment and operation, by
391		-	municipalities, counties, school districts, and the state, of reserves for public works to
392		-	be used in times of business depression and unemployment.
393		-	4.Promote the re-employment of unemployed workers throughout the state in every
394		-	other way that may be feasible.
395		-	5.Carry on and publish the results of investigations and research studies.
396		-	SECTION 9. AMENDMENT. Subsection 1 of section 54-07-01.2 of the North Dakota
397		-	Century Code is amended and reenacted as follows:
398		-	Page No. 7 25.0776.03006
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428		-	30 Sixty-ninth
429		-	Legislative Assembly
430		-	1.Notwithstanding sections 2-05-01, 4.1-05-02, 4.1-26-02, 6-01-03, 6-09-02.1,
431		-	12-55.1-02, 12-59-01, 15-39.1-05.1, 15.1-01-01, 15.1-13-02, 20.1-02-23, 23.1-01-02,
432		-	36-01-01, 37-18.1-01, 50-06-05.6, 54-34.3-10, 54-54-02, 55-01-01, and 61-02-04, all
433		-	members of the following boards and commissions must, subject to the limitations of
434		-	this section, be considered to have resigned from such boards and commissions
435		-	effective January first of the first year of each four-year term of the governor:
436		-	a.The aeronautics commission.
437		-	b.The milk marketing board.
438		-	c.The dairy promotion commission.
439		-	d.The state banking board.
440		-	e.The state credit union board.
441		-	f.The advisory board of directors to the Bank of North Dakota.
442		-	g.The pardon advisory board.
443		-	h.The state parole board.
444		-	i.The state board of public school education.
445		-	j.The education standards and practices board.
446		-	k.The board of trustees of the teachers' fund for retirement.
447		-	l.The state game and fish advisory board.
448		-	m.The environmental review advisory council.
449		-	n.The board of animal health.
450		-	o.The administrative committee on veterans' affairs.
451		-	p.The committee on aging.
452		-	q.The commission on the status of women.
453		-	r.The North Dakota council on the arts.
454		-	s.q.The state historical board.
455		-	t.r.The state water commission.
456		-	SECTION 10. A new section to chapter 54-07 of the North Dakota Century Code is created
457		-	and enacted as follows:
458		-	Boards review task force - Report to legislative management.
459		-	1.The office of the governor shall provide staffing and administrative services to the
460		-	boards review task force. The task force shall:
461		-	Page No. 8 25.0776.03006
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492	247		31 Sixty-ninth
493	248		Legislative Assembly
494		-	a.Review and assess all boards , commissions, committees, councils, and task
495		-	forces for inefficiencies and duplication of responsibilities ;
496		-	b. Issue performance evaluations ; and
497		-	c. b. Make recommendations to the legislative assembly regarding minimizing and
498		-	streamlining government operations through the consolidation or elimination of
499		-	boards , commissions, committees, council s, and task forces .
500		-	2.In addition to the governor or the governor's designee, who shall serve as the
501		-	presiding officer of the task force, the task force must include:
502		-	a.A member of the senate, appointed by the senate majority leader.
503		-	b.A member of the house of representatives, appointed by the house of
504		-	representatives majority leader.
505		-	c.A representative of an organization representing cities, appointed by the
506		-	governor.
507		-	d.A representative of an organization representing counties, appointed by the
508		-	governor.
509		-	e.A representative of the business community, appointed by the governor.
510		-	f.A member representative of an occupational licensing board, appointed by the
511		-	governor.
512		-	g.A member at large, appointed by the governor.
513		-	3.A member of the task force who is not a state employee is entitled to reimbursement
514		-	for mileage and expenses as provided by law for state officers and employees, to be
515		-	paid by the office of the governor. A state employee who is a member of the task force
516		-	is entitled to receive that employee's regular salary and is entitled to reimbursement
517		-	for mileage and expenses to be paid by the employing agency. A member of the task
518		-	force who is a member of the legislative assembly is entitled to receive per diem
519		-	compensation at the rate provided under section 54 - 35 - 10 for each day performing
520		-	official duties of the task force. The legislative council shall pay the per diem
521		-	compensation and reimbursement for travel and expenses as provided by law for any
522		-	member of the task force who is a member of the legislative assembly.
523		-	Page No. 9 25.0776.03006
	249	+	SECTION 6. AMENDMENT. Subsection 1 of section 50-06-01.4 of the North Dakota
	250	+	Century Code is amended and reenacted as follows:
	251	+	1.The department includes the state hospital, the regional human service centers, a
	252	+	vocational rehabilitation unit, public health division, and other units or offices and
	253	+	administrative and fiscal support services as the commissioner of the department
	254	+	determines necessary. The department must be structured to promote efficient and
	255	+	effective operations and, consistent with fulfilling its prescribed statutory duties, shall
	256	+	act as the official agency of the state in the discharge of the following functions not
	257	+	otherwise by law made the responsibility of another state agency:
	258	+	a.(1)Administration of programs for children and families, including adoption
	259	+	services and the licensure of child-placing agencies, foster care services
	260	+	and the licensure of foster care arrangements, certification of shelter care
	261	+	services, child protection services, children's trust fund, licensure of early
	262	+	childhood programs, refugee services, in-home community-based services,
	263	+	quality control, and administration of the interstate compacts on the
	264	+	placement of children and juveniles, and the early childhood services
	265	+	advisory board.
	266	+	(2)Administration of programs to identify all available options for effectively
	267	+	maximizing the provision of early childhood services within the state and
	268	+	address the coordinated utilization of facilities and personnel for the
	269	+	provision of early childhood services within the state.
	270	+	b.Administration of programs for individuals with developmental disabilities,
	271	+	including licensure of facilities and services, the establishment funding for family
	272	+	members and corporate guardianships, and the design and implementation of a
	273	+	community-based service system for persons in need of habilitation.
	274	+	c.Administration of aging service programs, including nutrition, transportation,
	275	+	advocacy, social, ombudsman, recreation, and related services funded under the
	276	+	Older Americans Act of 1965 [42 U.S.C. 3001 et seq.], home and
	277	+	community-based services, licensure of adult foster care homes, and the
	278	+	committee on aging.
	279	+	Page No. 5 25.0776.05000
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552		-	29 Sixty-ninth
	308	+	29
	309	+	30 Sixty-ninth
553	310		Legislative Assembly
554		-	4.Before October 1, 2026, the task force shall provide a report of its findings and
555		-	recommendations and any proposed legislation necessary to implement the
556		-	recommendations to the legislative management.
557		-	SECTION 11. AMENDMENT. Section 54-54-05 of the North Dakota Century Code is
	311	+	d.Administration of behavioral health programs, including reviewing and identifying
	312	+	service needs and activities in the state's behavioral health system in an effort to
	313	+	ensure health and safety, access to services, and quality of services; establishing
	314	+	quality assurance standards for the licensure of substance use disorder program
	315	+	services and facilities; providing policy leadership in partnership with public and
	316	+	private entities; and providing chronic disease management, regional intervention
	317	+	services, and twenty-four-hour crisis services for individuals with behavioral
	318	+	health disorders.
	319	+	e.Administration of economic assistance programs, including temporary assistance
	320	+	for needy families, the supplemental nutrition assistance program, home energy
	321	+	assistance, child care assistance, refugee assistance, work experience, work
	322	+	incentive, and quality control.
	323	+	f.Administration of medical service programs, including medical assistance for
	324	+	children's health insurance program, Medicaid waivers, early and periodic
	325	+	screening, diagnosis and treatment, utilization control, autism services, and
	326	+	claims processing.
	327	+	g.Administration of general assistance.
	328	+	h.Administration of child support.
	329	+	i.Administration of program, services, and licensing outlined in title 23 and other
	330	+	previous duties of the state department of health and state health council.
	331	+	j.Administration of a program to improve the quality of life for an individual with
	332	+	brain injury and the individual's family through brain injury awareness, prevention,
	333	+	research, education, collaboration, support services, and advocacy.
	334	+	SECTION 7. AMENDMENT. Section 52-02-02 of the North Dakota Century Code is
558	335		amended and reenacted as follows:
559		-	54-54-05. Duties of council.
560		-	The duties of the council are:
561		-	1.To stimulate and encourage throughout the state the study and presentation of the
562		-	performing and fine arts and public interest and participation therein.
563		-	2.To make such surveys as may be deemed advisable of public and private institutions
564		-	engaged within the state in artistic and cultural activities, including but not limited to,
565		-	music, theater, dance, painting, sculpture, architecture, and allied arts and crafts, and
566		-	to make recommendations concerning appropriate methods to encourage participation
567		-	in and appreciation of the arts to meet the legitimate needs and aspirations of persons
568		-	in all parts of the state.
569		-	3.To take such steps as may be necessary and appropriate to encourage public interest
570		-	in the cultural heritage of our state and to expand the state's cultural resources.
571		-	4.To encourage and assist freedom of artistic expression essential for the well-being of
572		-	the arts.
573		-	5.To determine the artistic value of property as provided by section 1-08-04.1.
574		-	6.To administer a poet laureate program that selects the poet laureate and requires the
575		-	poet laureate to participate in at least four public events around the state each year.
576		-	SECTION 12. AMENDMENT. Section 54-59-26 of the North Dakota Century Code is
577		-	amended and reenacted as follows:
578		-	54-59-26. Health information technology office - Duties - Loan and grant programs.
579		-	1.The health information technology office is created in the department. The health
580		-	information technology advisory committee shall make recommendations to the health
581		-	information technology office for implementing an interoperable health information
582		-	infrastructure that is consistent with emerging national standards; promote the
583		-	adoption and use of electronic health records and other health information
584		-	technologies; and promote interoperability of health information systems for the
585		-	Page No. 10 25.0776.03006
	336	+	52-02-02. Powers, duties, organization, and methods of procedure of bureau - Seal.
	337	+	The bureau may adopt, amend, or rescind such rules and regulations, make such
	338	+	expenditures, require such reports, make such investigations, and take such other action as it
	339	+	deems necessary or suitable in the administration of the North Dakota unemployment
	340	+	compensation law. Such rulesAll rules and regulations are effective upon publication in the
	341	+	manner, not inconsistent with the provisions of the North Dakota unemployment compensation
	342	+	Page No. 6 25.0776.05000
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616	373		31 Sixty-ninth
617	374		Legislative Assembly
618		-	~~purpose of improving health care quality~~, ~~patient safety,~~ and ~~the overall efficiency of~~
619		-	~~health care and public health services.~~
620		-	2.~~The health information technology office director, in collaboration with the health~~
621		-	~~information technology advisory committee,~~ ~~shall:~~
622		-	~~a.Apply for federal funds that may be available to assist the state~~ and ~~health care~~
623		-	~~providers in implementing~~ and ~~improving health information technology~~.
624		-	~~b.Implement~~ and ~~administer a health information exchange that utilizes information~~
625		-	~~infrastructure and systems in a secure and cost-effective manner~~ to ~~facilitate the~~
626		-	~~collection, storage,~~ and ~~transmission of health records~~.
627		-	c.~~Adopt rules under chapter 28-32 for~~ the ~~use~~ of ~~health information, use~~ of ~~the~~
628		-	~~health information exchange~~, and ~~participation in the health information~~
629		-	~~exchange~~.
630		-	~~d.Adopt rules under chapter 28-32~~ for ~~accessing the health information exchange~~
631		-	~~to ensure appropriate~~ and ~~required privacy and security protections and relating~~
632		-	to the ~~authority~~ of ~~the director to suspend, eliminate, or terminate~~ the ~~right to~~
633		-	~~participate in the health information exchange~~.
634		-	e.~~Establish a health information technology planning loan program to provide~~
635		-	~~low-interest loans to health care entities to assist those entities in improving their~~
636		-	~~health information technology infrastructure under section 6-09-43.~~
637		-	f.~~Facilitate and expand electronic health information exchange in the state~~, ~~directly~~
638		-	~~or by awarding grants~~.
639		-	g.~~Establish an application process~~ and ~~eligibility criteria for and accept and process~~
640		-	~~applications for loans~~ and ~~grants under subdivisions e and f.~~ The ~~eligibility criteria~~
641		-	~~must~~ be ~~consistent with federal requirements associated with federal funds~~
642		-	~~received under subdivision a.~~ The ~~eligibility criteria for loans under subdivision f~~
643		-	~~must include~~ a ~~requirement that~~ the ~~recipient's approved health information~~
644		-	~~technology be strategically aligned with~~ the ~~state's health information technology~~
645		-	~~plan and~~ the ~~associated federal standards and that the recipient has passed an~~
646		-	~~onsite electronic medical record readiness assessment conducted by an~~
647		-	~~assessment team determined by~~ the ~~health information technology advisory~~
648		-	~~committee and~~ the ~~health information technology office director~~.
649		-	Page No. 11 25.0776.~~03006~~
	375	+	law, which the bureau shall prescribe. The bureau shall determine its own organization and
	376	+	methods of procedure in accordance with the provisions of the North Dakota unemployment
	377	+	compensation law and shall have an official seal which shall be noticed judicially.
	378	+	SECTION 8. AMENDMENT. Section 52-02-08 of the North Dakota Century Code is
	379	+	amended and reenacted as follows:
	380	+	52-02-08. Bureau and advisory councils to take steps to stabilize employment.
	381	+	The bureau, with the advice and aid of its advisory councils, and through its appropriate
	382	+	divisions, shall take appropriate steps to:
	383	+	1.Reduce and prevent unemployment.
	384	+	2.Encourage and assist in the adoption of practical methods of career and technical
	385	+	education training, retraining, and career development counseling.
	386	+	3.Investigate, recommend, advise, and assist in the establishment and operation, by
	387	+	municipalities, counties, school districts, and the state, of reserves for public works to
	388	+	be used in times of business depression and unemployment.
	389	+	4.Promote the re-employment of unemployed workers throughout the state in every
	390	+	other way that may be feasible.
	391	+	5.Carry on and publish the results of investigations and research studies.
	392	+	SECTION 9. AMENDMENT. Subsection 1 of section 54-07-01.2 of the North Dakota
	393	+	Century Code is amended and reenacted as follows:
	394	+	1.Notwithstanding sections 2-05-01, 4.1-05-02, 4.1-26-02, 6-01-03, 6-09-02.1,
	395	+	12-55.1-02, 12-59-01, 15-39.1-05.1, 15.1-01-01, 15.1-13-02, 20.1-02-23, 23.1-01-02,
	396	+	36-01-01, 37-18.1-01, 50-06-05.6, 54-34.3-10, 54-54-02, 55-01-01, and 61-02-04, all
	397	+	members of the following boards and commissions must, subject to the limitations of
	398	+	this section, be considered to have resigned from such boards and commissions
	399	+	effective January first of the first year of each four-year term of the governor:
	400	+	a.The aeronautics commission.
	401	+	b.The milk marketing board.
	402	+	c.The dairy promotion commission.
	403	+	d.The state banking board.
	404	+	e.The state credit union board.
	405	+	f.The advisory board of directors to the Bank of North Dakota.
	406	+	Page No. 7 25.0776.05000
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680	437		31 Sixty-ninth
681	438		Legislative Assembly
682		-	h.~~Determine fees and charges for access and participation in~~ the ~~health information~~
683		-	~~exchange~~. ~~Any moneys collected under this subdivision must be deposited in~~ the
684		-	~~electronic health information exchange fund~~.
685		-	i.~~Consult~~ and ~~coordinate with the department of health and human services to~~
686		-	~~facilitate~~ the ~~collection of health information from health care providers and state~~
687		-	~~agencies for public health purposes,~~ ~~including identifiable health information that~~
688		-	~~may be used by state agencies, departments, or institutions to comply with~~
689		-	~~applicable state or federal laws~~.
690		-	3.If the ~~health information technology advisory~~ committee ~~determines that establishing a~~
691		-	~~health information exchange with another state or states will assist in providing health~~
692		-	~~information exchange services in a cost-effective~~ ~~manner, theThe health information~~
693		-	~~technology office director,~~ ~~in collaboration with~~ the ~~health information technology~~
694		-	~~advisory committee, may join with another~~ state ~~or states to establish, implement, and~~
695		-	~~administer a health information exchange consistent with other provisions of this~~
696		-	chapter.
697		-	~~SECTION 13.~~ ~~AMENDMENT. Section 54-59-27 of the North Dakota Century Code is~~
698		-	~~amended and reenacted as follows:~~
699		-	~~54-59-27~~. ~~Health information technology~~ office ~~- Electronic health information~~
700		-	~~exchange fund~~.
701		-	1.~~There is created an electronic health information exchange fund.~~ ~~The fund consists of~~
702		-	~~moneys deposited in the fund from federal or other sources or moneys transferred into~~
703		-	~~the fund as directed by~~ the legislative assembly~~. The health information technology~~
704		-	~~office shall administer this fund and shall distribute moneys in~~ the ~~fund accordingly.~~
705		-	~~The moneys in the fund must be used to facilitate~~ and ~~expand electronic health~~
706		-	~~information exchange.~~ ~~Moneys in~~ the ~~fund may be used~~, ~~subject to legislative~~
707		-	~~appropriations~~, ~~to provide services directly,~~ ~~for grants as provided under this section,~~
708		-	~~and for the costs of administration~~ of the ~~fund~~.
709		-	2.A ~~grant applicant shall submit an application to~~ the ~~health information technology~~
710		-	~~office, which shall determine the applicant's eligibility based upon criteria established~~
711		-	by the ~~health information technology office director in collaboration with the health~~
712		-	~~information technology advisory committee~~.
713		-	Page No. 12 25.0776.~~03006~~
	439	+	g.The pardon advisory board.
	440	+	h.The state parole board.
	441	+	i.The state board of public school education.
	442	+	j.The education standards and practices board.
	443	+	k.The board of trustees of the teachers' fund for retirement.
	444	+	l.The state game and fish advisory board.
	445	+	m.The environmental review advisory council.
	446	+	n.The board of animal health.
	447	+	o.The administrative committee on veterans' affairs.
	448	+	p.The committee on aging.
	449	+	q.The commission on the status of women.
	450	+	r.The North Dakota council on the arts.
	451	+	s.q.The state historical board.
	452	+	t.r.The state water commission.
	453	+	SECTION 10. A new section to chapter 54-07 of the North Dakota Century Code is created
	454	+	and enacted as follows:
	455	+	Boards review task force - Report to legislative management.
	456	+	1.The office of the governor shall provide staffing and administrative services to the
	457	+	boards review task force. The task force shall:
	458	+	a.Review and assess all boards, commissions, committees, councils, and task
	459	+	forces for inefficiencies and duplication of responsibilities; and
	460	+	b.Make recommendations to the legislative assembly regarding minimizing and
	461	+	streamlining government operations through the consolidation or elimination of
	462	+	boards, commissions, committees, councils, and task forces.
	463	+	2.In addition to the governor or the governor's designee, who shall serve as the
	464	+	presiding officer of the task force, the task force must include:
	465	+	a.A member of the senate, appointed by the senate majority leader.
	466	+	b.A member of the house of representatives, appointed by the house of
	467	+	representatives majority leader.
	468	+	c.A representative of an organization representing cities, appointed by the
	469	+	governor.
	470	+	Page No. 8 25.0776.05000
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746		-	3.This section does not create an entitlement to any funds available for grants under this
747		-	section. The health information technology office may award these grants to the extent
748		-	funds are available and, within the office's discretion, to the extent such applications
749		-	are approved.
750		-	SECTION 14. AMENDMENT. Section 54-59-34 of the North Dakota Century Code is
	503	+	d.A representative of an organization representing counties, appointed by the
	504	+	governor.
	505	+	e.A representative of the business community, appointed by the governor.
	506	+	f.A representative of an occupational licensing board, appointed by the governor.
	507	+	g.A member at large, appointed by the governor.
	508	+	3.A member of the task force who is not a state employee is entitled to reimbursement
	509	+	for mileage and expenses as provided by law for state officers and employees, to be
	510	+	paid by the office of the governor. A state employee who is a member of the task force
	511	+	is entitled to receive that employee's regular salary and is entitled to reimbursement
	512	+	for mileage and expenses to be paid by the employing agency. A member of the task
	513	+	force who is a member of the legislative assembly is entitled to receive per diem
	514	+	compensation at the rate provided under section 54 - 35 - 10 for each day performing
	515	+	official duties of the task force. The legislative council shall pay the per diem
	516	+	compensation and reimbursement for travel and expenses as provided by law for any
	517	+	member of the task force who is a member of the legislative assembly.
	518	+	4.Before October 1, 2026, the task force shall provide a report of its findings and
	519	+	recommendations and any proposed legislation necessary to implement the
	520	+	recommendations to the legislative management.
	521	+	SECTION 11. AMENDMENT. Section 54-54-05 of the North Dakota Century Code is
751	522		amended and reenacted as follows:
752		-	54-59-34. Statewide longitudinal data system committee - Information technology
753		-	department - Duties.
754		-	1.The statewide longitudinal data system committeedepartment shall manage a
755		-	statewide longitudinal data system among education, workforce, and training entities
756		-	that:
757		-	a.Provides for the dissemination of management information to stakeholders and
758		-	partners of state education, training, and employment systems;
759		-	b.Is required to provide on an annual basis to education and workforce
760		-	development programs, to the extent permitted by federal law, the wage record
761		-	interchange system 2 data sharing agreement and the state wage interchange
762		-	system data sharing agreement and state performance reports that measure the
763		-	aggregate outcomes of participants in the workforce and continuing education
764		-	programs, including private workforce and education programs that request the
765		-	reports; and
766		-	c.Uses data from educational and workforce systems as central sources of
767		-	statewide longitudinal data.
768		-	2.The department may, subject to federal and state privacy laws, enter interagency
769		-	agreements, including agreements designating authorized representatives of the
770		-	educational agencies participating in the system, under the Family Educational Rights
771		-	and Privacy Act [20 U.S.C. 1232(g); 34 CFR 99].
772		-	3.The statewide longitudinal data system committeedepartment shall establish policies
773		-	and adopt rules addressing access to and the collection, storage, and sharing of
774		-	information and the systems necessary to perform those functions, subject to
775		-	applicable federal and state privacy laws and interagency agreements and restrictions
776		-	Page No. 13 25.0776.03006
	523	+	54-54-05. Duties of council.
	524	+	The duties of the council are:
	525	+	1.To stimulate and encourage throughout the state the study and presentation of the
	526	+	performing and fine arts and public interest and participation therein.
	527	+	2.To make such surveys as may be deemed advisable of public and private institutions
	528	+	engaged within the state in artistic and cultural activities, including but not limited to,
	529	+	music, theater, dance, painting, sculpture, architecture, and allied arts and crafts, and
	530	+	to make recommendations concerning appropriate methods to encourage participation
	531	+	in and appreciation of the arts to meet the legitimate needs and aspirations of persons
	532	+	in all parts of the state.
	533	+	Page No. 9 25.0776.05000
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807	564		Legislative Assembly
808		-	relating to confidential information required to conform to applicable federal and state
809		-	privacy laws.
810		-	3.4.The statewide longitudinal data system committeedepartment shall provide operational
811		-	oversight for information sharing activities and make recommendations for and provide
812		-	oversight of information sharing budgets.
813		-	4.5.The statewide longitudinal data system committee in consultation with the information
814		-	technology department shall:
815		-	a.Establish the terms and conditions under which a person may be authorized to
816		-	access data through the statewide longitudinal data system;
817		-	b.Direct that all statewide longitudinal data system administrators implement
818		-	approved data protection practices to ensure the security of electronic and
819		-	physical data, provided that the practices include requirements for encryption and
820		-	staff training;
821		-	c.Provide for biennial privacy and security audits of the statewide longitudinal data
822		-	system;
823		-	d.Establish protocols, including procedures, for the notification of students and
824		-	parents in the event of a data breach involving the statewide longitudinal data
825		-	system;
826		-	e.Require that data retention and disposition by the statewide longitudinal data
827		-	system be governed by the same policies as those instituted for the information
828		-	technology department; and
829		-	f.Require the provision of annual training regarding data protection to any
830		-	individuals who have access to the statewide longitudinal data system, including
831		-	school district employees, employees of the North Dakota university system
832		-	office and institutions under the control of the state board of higher education,
833		-	and elected or appointed state or local governmental officials.
834		-	6.The department may authorize studies to benefit and improve workforce training and
835		-	education.
836		-	SECTION 15. AMENDMENT. Section 54-59-36 of the North Dakota Century Code is
	565	+	3.To take such steps as may be necessary and appropriate to encourage public interest
	566	+	in the cultural heritage of our state and to expand the state's cultural resources.
	567	+	4.To encourage and assist freedom of artistic expression essential for the well-being of
	568	+	the arts.
	569	+	5.To determine the artistic value of property as provided by section 1-08-04.1.
	570	+	6.To administer a poet laureate program that selects the poet laureate and requires the
	571	+	poet laureate to participate in at least four public events around the state each year.
	572	+	SECTION 12. AMENDMENT. Section 54-59-26 of the North Dakota Century Code is
837	573		amended and reenacted as follows:
838		-	Page No. 14 25.0776.03006
	574	+	54-59-26. Health information technology office - Duties - Loan and grant programs.
	575	+	1.The health information technology office is created in the department. The health
	576	+	information technology advisory committee shall make recommendations to the health
	577	+	information technology office for implementing an interoperable health information
	578	+	infrastructure that is consistent with emerging national standards; promote the
	579	+	adoption and use of electronic health records and other health information
	580	+	technologies; and promote interoperability of health information systems for the
	581	+	purpose of improving health care quality, patient safety, and the overall efficiency of
	582	+	health care and public health services.
	583	+	2.The health information technology office director, in collaboration with the health
	584	+	information technology advisory committee, shall:
	585	+	a.Apply for federal funds that may be available to assist the state and health care
	586	+	providers in implementing and improving health information technology.
	587	+	b.Implement and administer a health information exchange that utilizes information
	588	+	infrastructure and systems in a secure and cost-effective manner to facilitate the
	589	+	collection, storage, and transmission of health records.
	590	+	c.Adopt rules under chapter 28-32 for the use of health information, use of the
	591	+	health information exchange, and participation in the health information
	592	+	exchange.
	593	+	d.Adopt rules under chapter 28-32 for accessing the health information exchange
	594	+	to ensure appropriate and required privacy and security protections and relating
	595	+	Page No. 10 25.0776.05000
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868	625		30 Sixty-ninth
869	626		Legislative Assembly
870		-	54-59-36. Statewide longitudinal data system committee - Report to legislative
871		-	management.
872		-	During each interim the statewide longitudinal data system committeedepartment shall
873		-	provide a report regarding the statewide longitudinal data system to one or more committees
874		-	designated by the legislative management and shall provide recommendations for further
875		-	development, cost proposals, proposals for legislation, and recommendations for data sharing
876		-	governance.
877		-	SECTION 16. AMENDMENT. Section 54-59-37 of the North Dakota Century Code is
	627	+	to the authority of the director to suspend, eliminate, or terminate the right to
	628	+	participate in the health information exchange.
	629	+	e.Establish a health information technology planning loan program to provide
	630	+	low-interest loans to health care entities to assist those entities in improving their
	631	+	health information technology infrastructure under section 6-09-43.
	632	+	f.Facilitate and expand electronic health information exchange in the state, directly
	633	+	or by awarding grants.
	634	+	g.Establish an application process and eligibility criteria for and accept and process
	635	+	applications for loans and grants under subdivisions e and f. The eligibility criteria
	636	+	must be consistent with federal requirements associated with federal funds
	637	+	received under subdivision a. The eligibility criteria for loans under subdivision f
	638	+	must include a requirement that the recipient's approved health information
	639	+	technology be strategically aligned with the state's health information technology
	640	+	plan and the associated federal standards and that the recipient has passed an
	641	+	onsite electronic medical record readiness assessment conducted by an
	642	+	assessment team determined by the health information technology advisory
	643	+	committee and the health information technology office director.
	644	+	h.Determine fees and charges for access and participation in the health information
	645	+	exchange. Any moneys collected under this subdivision must be deposited in the
	646	+	electronic health information exchange fund.
	647	+	i.Consult and coordinate with the department of health and human services to
	648	+	facilitate the collection of health information from health care providers and state
	649	+	agencies for public health purposes, including identifiable health information that
	650	+	may be used by state agencies, departments, or institutions to comply with
	651	+	applicable state or federal laws.
	652	+	3.If the health information technology advisory committee determines that establishing a
	653	+	health information exchange with another state or states will assist in providing health
	654	+	information exchange services in a cost-effective manner, theThe health information
	655	+	technology office director, in collaboration with the health information technology
	656	+	advisory committee, may join with another state or states to establish, implement, and
	657	+	Page No. 11 25.0776.05000
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	688	+	Legislative Assembly
	689	+	administer a health information exchange consistent with other provisions of this
	690	+	chapter.
	691	+	SECTION 13. AMENDMENT. Section 54-59-27 of the North Dakota Century Code is
878	692		amended and reenacted as follows:
879		-	54-59-37. Statewide longitudinal data system committee - Continuing appropriation.
880		-	The statewide longitudinal data system committeedepartment may solicit and receive gifts,
881		-	grants, and donations from public and private sources. Any moneys received in accordance with
882		-	this section are appropriated on a continuing basis for the support of the statewide longitudinal
883		-	data system.
884		-	SECTION 17. AMENDMENT. Section 54-59-39 of the North Dakota Century Code is
	693	+	54-59-27. Health information technology office - Electronic health information
	694	+	exchange fund.
	695	+	1.There is created an electronic health information exchange fund. The fund consists of
	696	+	moneys deposited in the fund from federal or other sources or moneys transferred into
	697	+	the fund as directed by the legislative assembly. The health information technology
	698	+	office shall administer this fund and shall distribute moneys in the fund accordingly.
	699	+	The moneys in the fund must be used to facilitate and expand electronic health
	700	+	information exchange. Moneys in the fund may be used, subject to legislative
	701	+	appropriations, to provide services directly, for grants as provided under this section,
	702	+	and for the costs of administration of the fund.
	703	+	2.A grant applicant shall submit an application to the health information technology
	704	+	office, which shall determine the applicant's eligibility based upon criteria established
	705	+	by the health information technology office director in collaboration with the health
	706	+	information technology advisory committee.
	707	+	3.This section does not create an entitlement to any funds available for grants under this
	708	+	section. The health information technology office may award these grants to the extent
	709	+	funds are available and, within the office's discretion, to the extent such applications
	710	+	are approved.
	711	+	SECTION 14. AMENDMENT. Section 54-59-34 of the North Dakota Century Code is
885	712		amended and reenacted as follows:
886		-	54-59-39. State agencies - Mandatory provision of information - Confidentiality.
887		-	1.The information technology department may request from any state agency:
888		-	a.All information required by 20 U.S.C. 9871(e)(2)(D);
889		-	b.Any other educational information the statewide longitudinal data system
890		-	committee determines is required for a longitudinal data system to comply with
891		-	state or federal law; and
892		-	c.Unemployment insurance wage data from job service North Dakota for education
893		-	and workforce development program evaluations, except that the information
894		-	technology department may not redisclose any data identifying an individual
895		-	unless the redisclosure is expressly permitted by a written agreement between
896		-	job service North Dakota and the department or is otherwise expressly permitted
897		-	or required by federal or state law.
898		-	2.A state agency providing information requested under subsection 1 shall enter an
899		-	interagency agreement with the department which identifies applicable federal and
900		-	state privacy laws and agency-established restrictions relating to its confidential
901		-	Page No. 15 25.0776.03006
	713	+	54-59-34. Statewide longitudinal data system committee - Information technology
	714	+	department - Duties.
	715	+	1.The statewide longitudinal data system committeedepartment shall manage a
	716	+	statewide longitudinal data system among education, workforce, and training entities
	717	+	that:
	718	+	a.Provides for the dissemination of management information to stakeholders and
	719	+	partners of state education, training, and employment systems;
	720	+	Page No. 12 25.0776.05000
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932	751		31 Sixty-ninth
933	752		Legislative Assembly
934		-	information the agency has determined is required to comply with federal and state
	753	+	b.Is required to provide on an annual basis to education and workforce
	754	+	development programs, to the extent permitted by federal law, the wage record
	755	+	interchange system 2 data sharing agreement and the state wage interchange
	756	+	system data sharing agreement and state performance reports that measure the
	757	+	aggregate outcomes of participants in the workforce and continuing education
	758	+	programs, including private workforce and education programs that request the
	759	+	reports; and
	760	+	c.Uses data from educational and workforce systems as central sources of
	761	+	statewide longitudinal data.
	762	+	2.The department may, subject to federal and state privacy laws, enter interagency
	763	+	agreements, including agreements designating authorized representatives of the
	764	+	educational agencies participating in the system, under the Family Educational Rights
	765	+	and Privacy Act [20 U.S.C. 1232(g); 34 CFR 99].
	766	+	3.The statewide longitudinal data system committeedepartment shall establish policies
	767	+	and adopt rules addressing access to and the collection, storage, and sharing of
	768	+	information and the systems necessary to perform those functions, subject to
	769	+	applicable federal and state privacy laws and interagency agreements and restrictions
	770	+	relating to confidential information required to conform to applicable federal and state
935	771		privacy laws.
936		-	3.Subject to applicable restrictions on the use and disclosure of confidential information
937		-	required to comply with federal and state privacy laws and the terms of the
938		-	interagency agreement , any state agency receiving a request for information under
939		-	subsection 1 shall provide the information at the time and in the manner required by
940		-	the information technology department.
941		-	SECTION 18. AMENDMENT. Section 61-03-01.3 of the North Dakota Century Code is
942		-	amended and reenacted as follows:
943		-	61-03-01.3. Director - State engineer - Powers and duties.
944		-	1.The director shall:
945		-	a.Enforce all rules adopted by the department;
946		-	b.Hire a state engineer who is a qualified professional engineer, has appropriate
947		-	hydrology experience, and will report to the director;
948		-	c.Hire other employees as necessary to carry out the duties of the department and
949		-	director;
950		-	d.Organize the department in an efficient manner; and
951		-	e.Take any other action necessary and appropriate for administration of the
952		-	department.
953		-	f.Adopt rules to license water well contractors, water well pump and pitless unit
954		-	installers, monitoring well contractors, and geothermal system drillers.
955		-	g.Advise the governor and the state water commission regarding operations of
956		-	Devils Lake outlets.
957		-	h.Recommend an operational plan for the Devils Lake outlet based on Sheyenne
958		-	River capacity and water quality considerations .
959		-	2.The state engineer is responsible for and shall manage the department's oversight of
960		-	dam safety, water appropriations, and construction and drainage permits, and
961		-	associated technical duties related to public safety and property protection.
962		-	SECTION 19. A new section to chapter 61-03 of the North Dakota Century Code is created
963		-	and enacted as follows:
964		-	Page No. 16 25.0776.03006
	772	+	3.4.The statewide longitudinal data system committeedepartment shall provide operational
	773	+	oversight for information sharing activities and make recommendations for and provide
	774	+	oversight of information sharing budgets.
	775	+	4.5.The statewide longitudinal data system committee in consultation with the information
	776	+	technology department shall:
	777	+	a.Establish the terms and conditions under which a person may be authorized to
	778	+	access data through the statewide longitudinal data system;
	779	+	b.Direct that all statewide longitudinal data system administrators implement
	780	+	approved data protection practices to ensure the security of electronic and
	781	+	physical data, provided that the practices include requirements for encryption and
	782	+	staff training;
	783	+	Page No. 13 25.0776.05000
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994	813		30 Sixty-ninth
995	814		Legislative Assembly
996		-	~~Water well contractors advisory board.~~
997		-	~~1. The water well contractors advisory board is established and consists of:~~
998		-	a. The ~~director, or director's designee.~~
999		-	~~b. Three water well contractors, appointed by~~ the ~~governor.~~
1000		-	~~c. One geothermal~~ system ~~driller or one monitoring well contractor, appointed by the~~
1001		-	~~governor~~.
1002		-	~~d. One water well pump and pitless unit installer, appointed~~ by the ~~governor.~~
1003		-	~~e. One member at large, appointed by the governor.~~
1004		-	2. The ~~advisory board:~~
1005		-	~~a. Shall advise~~ the ~~department in the adoption and implementation of rules for the~~
1006		-	~~certification and regulation~~ of ~~water well contractors,~~ ~~water well pump and pitless~~
1007		-	~~unit installers, monitoring well contractors,~~ and ~~geothermal system drillers.~~
1008		-	~~b. May receive reports from the department on the status~~ and ~~activities of the~~
1009		-	~~certification~~ and ~~regulation of water well contractors, water well pump~~ and ~~pitless~~
1010		-	~~unit installers, monitoring well contractors, and geothermal system drillers~~.
1011		-	c. ~~May provide recommendations to~~ the ~~department and the legislative~~
1012		-	~~management on the certification~~ and ~~regulation of water well contractors, water~~
1013		-	~~well pump and pitless unit installers,~~ ~~monitoring well contractors,~~ ~~and geothermal~~
1014		-	~~system drillers~~.
1015		-	d. Shall ~~collaborate with the department to manage the fiduciary responsibilities of~~
1016		-	~~certification and regulation of water well contractors,~~ ~~water well pump and pitless~~
1017		-	~~unit installers,~~ ~~monitoring well contractors,~~ and ~~geothermal system drillers.~~
1018		-	~~SECTION 20.~~ ~~A new section to chapter 61-03~~ ~~of the North Dakota Century Code is created~~
1019		-	~~and enacted as follows:~~
1020		-	~~Requirements for firms engaged in water well work, installation~~ of ~~water well pumps~~
1021		-	~~and pitless units, monitoring well work,~~ and ~~drilling of geothermal systems - Exceptions.~~
1022		-	1.~~A person,~~ ~~partnership, association,~~ ~~corporation, or limited liability company may not~~
1023		-	~~engage in~~ the ~~business of constructing a water well in this state unless at all times a~~
1024		-	~~certified water well contractor~~, ~~who is responsible for the proper construction or~~
1025		-	~~alteration of a water well, is in charge.~~ This section ~~does not prohibit any person,~~
1026		-	~~partnership, association, corporation, or limited liability company from constructing any~~
1027		-	Page No. 17 25.0776.~~03006~~
	815	+	c.Provide for biennial privacy and security audits of the statewide longitudinal data
	816	+	system;
	817	+	d.Establish protocols, including procedures, for the notification of students and
	818	+	parents in the event of a data breach involving the statewide longitudinal data
	819	+	system;
	820	+	e.Require that data retention and disposition by the statewide longitudinal data
	821	+	system be governed by the same policies as those instituted for the information
	822	+	technology department; and
	823	+	f.Require the provision of annual training regarding data protection to any
	824	+	individuals who have access to the statewide longitudinal data system, including
	825	+	school district employees, employees of the North Dakota university system
	826	+	office and institutions under the control of the state board of higher education,
	827	+	and elected or appointed state or local governmental officials.
	828	+	6.The department may authorize studies to benefit and improve workforce training and
	829	+	education.
	830	+	SECTION 15. AMENDMENT. Section 54-59-36 of the North Dakota Century Code is
	831	+	amended and reenacted as follows:
	832	+	54-59-36. Statewide longitudinal data system committee - Report to legislative
	833	+	management.
	834	+	During each interim the statewide longitudinal data system committeedepartment shall
	835	+	provide a report regarding the statewide longitudinal data system to one or more committees
	836	+	designated by the legislative management and shall provide recommendations for further
	837	+	development, cost proposals, proposals for legislation, and recommendations for data sharing
	838	+	governance.
	839	+	SECTION 16. AMENDMENT. Section 54-59-37 of the North Dakota Century Code is
	840	+	amended and reenacted as follows:
	841	+	54-59-37. Statewide longitudinal data system committee - Continuing appropriation.
	842	+	The statewide longitudinal data system committeedepartment may solicit and receive gifts,
	843	+	grants, and donations from public and private sources. Any moneys received in accordance with
	844	+	this section are appropriated on a continuing basis for the support of the statewide longitudinal
	845	+	data system.
	846	+	Page No. 14 25.0776.05000
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1058	877		31 Sixty-ninth
1059	878		Legislative Assembly
1060		-	water well on the person's or entity's own premises for the person's or entity's own
1061		-	use.
1062		-	2.A person may not engage in the business of installing water well pumps and pitless
1063		-	units in the state after July 1, 1986, unless a certified installer, who is responsible for
1064		-	the proper installation of the pump and pitless unit, is in charge of the installation. This
1065		-	chapter does not prohibit any person from installing water well pumps and pitless units
1066		-	on that person's own premises for that person's own use.
1067		-	3.A person may not engage in the business of constructing a monitoring well in this state
1068		-	unless at all times a certified monitoring well contractor, who is responsible for the
1069		-	proper construction or alteration of the monitoring well, is in charge. This section does
1070		-	not prohibit any person from installing a monitoring well on that person's own premises
1071		-	for that person's own use.
1072		-	4.A person may not engage in the business of drilling geothermal systems in the state
1073		-	after July 1, 2008, unless a certified driller, who is responsible for the proper drilling of
1074		-	the geothermal system, is in charge of the drilling. This section does not prohibit a
1075		-	person from drilling geothermal systems on that person's own premises for that
1076		-	person's own use.
1077		-	5. Within thirty days after the completion of each well, each water well contractor shall
1078		-	report to the department, on forms provided by the department, any information
1079		-	required by the department, including a log of formations penetrated, well depth, and
1080		-	casing size and weight. Each water well contractor shall provide a copy of the report to
1081		-	the customer. All information submitted to the department must remain the property of
1082		-	the department.
1083		-	SECTION 21. AMENDMENT. Section 61-04.1-03 of the North Dakota Century Code is
	879	+	SECTION 17. AMENDMENT. Section 54-59-39 of the North Dakota Century Code is
1084	880		amended and reenacted as follows:
1085		-	61-04.1-03. Definitions.
1086		-	As used in this chapter, unless the context otherwise requires:
1087		-	1."Board" means the North Dakota atmospheric resource board which, in the exercise of
1088		-	the powers granted under this chapter, has all of the powers of an administrative
1089		-	agency as defined in chapter 28-32.
1090		-	Page No. 18 25.0776.03006
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1116		-	26
1117		-	27
1118		-	28
1119		-	29
1120		-	30 Sixty-ninth
1121		-	Legislative Assembly
1122		-	2."Controller" refers to any licensee duly authorized in this state to engage in weather
1123		-	modification operations.
1124		-	3.2."Geographical region" means a geographical area with a contiguous boundary that
1125		-	may enclose a portion of any county or counties.
1126		-	4.3."Hail suppression" refers to the activation of any process that will reduce, modify,
1127		-	suppress, eliminate, or soften hail formed in clouds or storms.
1128		-	5.4."Increasing precipitation" refers to the activation of any process that will actually result
1129		-	in greater amounts of moisture reaching the ground in any area from a cloud or cloud
1130		-	system than would have occurred naturally.
1131		-	6.5."Initiating precipitation" refers to the process of causing precipitation from clouds which
1132		-	could not otherwise have occurred naturally or inducing precipitation significantly
1133		-	earlier than would have occurred naturally.
1134		-	7.6."Operation" means the performance of any weather modification activity undertaken
1135		-	for the purpose of producing or attempting to produce any form of modifying effect
1136		-	upon the weather within a limited geographical area or within a limited period of time.
1137		-	8.7."Research and development" means exploration, field experimentation, and extension
1138		-	of investigative findings and theories of a scientific or technical nature into practical
1139		-	application for experimental and demonstration purposes, including the experimental
1140		-	production of models, devices, equipment, materials, and processes.
1141		-	9.8."Weather modification" means and extends to the control, alteration, and amelioration
1142		-	of weather elements, including man-caused changes in the natural precipitation
1143		-	process, hail suppression or modification, and alteration of other weather phenomena,
1144		-	including clouds, temperature, wind direction, and velocity, and the initiating,
1145		-	increasing, decreasing, and otherwise modifying by artificial methods of precipitation in
1146		-	the form of rain, snow, hail, mist, or fog through cloud seeding, electrification, or by
1147		-	other means to provide immediate practical benefits.
1148		-	10.9."Weather modification authority" means the governing body created by a board of
1149		-	county commissioners under section 61-04.1-22.1, 61-04.1-23, 61-04.1-27,
1150		-	61-04.1-29, or 61-04.1-31.
1151		-	SECTION 22. AMENDMENT. Section 61-04.1-08 of the North Dakota Century Code is
	881	+	54-59-39. State agencies - Mandatory provision of information - Confidentiality.
	882	+	1.The information technology department may request from any state agency:
	883	+	a.All information required by 20 U.S.C. 9871(e)(2)(D);
	884	+	b.Any other educational information the statewide longitudinal data system
	885	+	committee determines is required for a longitudinal data system to comply with
	886	+	state or federal law; and
	887	+	c.Unemployment insurance wage data from job service North Dakota for education
	888	+	and workforce development program evaluations, except that the information
	889	+	technology department may not redisclose any data identifying an individual
	890	+	unless the redisclosure is expressly permitted by a written agreement between
	891	+	job service North Dakota and the department or is otherwise expressly permitted
	892	+	or required by federal or state law.
	893	+	2.A state agency providing information requested under subsection 1 shall enter an
	894	+	interagency agreement with the department which identifies applicable federal and
	895	+	state privacy laws and agency-established restrictions relating to its confidential
	896	+	information the agency has determined is required to comply with federal and state
	897	+	privacy laws.
	898	+	3.Subject to applicable restrictions on the use and disclosure of confidential information
	899	+	required to comply with federal and state privacy laws and the terms of the
	900	+	interagency agreement, any state agency receiving a request for information under
	901	+	subsection 1 shall provide the information at the time and in the manner required by
	902	+	the information technology department.
	903	+	SECTION 18. AMENDMENT. Section 61-03-01.3 of the North Dakota Century Code is
1152	904		amended and reenacted as follows:
1153		-	Page No. 19 25.0776.03006
	905	+	61-03-01.3. Director - State engineer - Powers and duties.
	906	+	1.The director shall:
	907	+	a.Enforce all rules adopted by the department;
	908	+	b.Hire a state engineer who is a qualified professional engineer, has appropriate
	909	+	hydrology experience, and will report to the director;
	910	+	Page No. 15 25.0776.05000
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1184	941		31 Sixty-ninth
1185	942		Legislative Assembly
1186		-	61-04.1-08. Powers and duties of boardthe department.
1187		-	The boarddepartment has the following powers and duties:
1188		-	1.The board shall appoint an executive director to serve at the board's discretion and to
1189		-	perform duties assigned by the board.
1190		-	2.The board shall authorize the employment of staff the board deems necessary to carry
1191		-	out the provisions of this chapter. The executive director shall hire the staff, subject to
1192		-	the approval of the board.
1193		-	3.The boarddepartment shall adopt rules concerning qualifications, procedures, and
1194		-	conditions for issuance, revocation, suspension, and modification of licenses and
1195		-	permits; standards and instructions governing weather modification operations,
1196		-	including monitoring and evaluation, recordkeeping, and reporting, and the
1197		-	boarddepartment shall establish procedures and forms for this recordkeeping and
1198		-	reporting. The boarddepartment may adopt all other rules necessary to the
1199		-	administration of this chapter. The provisions of chapter 28-32 apply to this chapter
1200		-	and rules of the boarddepartment must be published in the North Dakota
1201		-	Administrative Code.
1202		-	4.2.The boarddepartment may contract with any person to carry out weather modification
1203		-	operations and, in connection with regulated weather modification operations in a
1204		-	county or geographical region, shall carry on monitoring and evaluation activities.
1205		-	5.3.The boarddepartment may order any person who is conducting weather modification
1206		-	operations in violation of this chapter or any rules adopted to implement this chapter,
1207		-	to cease and desist from those operations and the order is enforceable in any court of
1208		-	competent jurisdiction within this state.
1209		-	6.4.The boarddepartment may cooperate and contract with any person engaged in
1210		-	activities similar to the work of the boarddepartment and may make contracts and
1211		-	agreements to carry out programs consistent with the purpose and intent of this
1212		-	chapter. The boarddepartment may request and accept any grants of funds or services
1213		-	from any person and expend these funds or use these services to carry out this
1214		-	chapter.
1215		-	Page No. 20 25.0776.03006
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1244		-	29 Sixty-ninth
1245		-	Legislative Assembly
1246		-	7.5.The boarddepartment shall monitor the current state of knowledge regarding the
1247		-	magnitude and impacts of possible regional and global climatic changes and shall
1248		-	provide information to other state agencies that may benefit from this knowledge.
1249		-	8.6.The boarddepartment shall administer and enforce the provisions of this chapter and
1250		-	do all things reasonably necessary to effectuate the purposes of this chapter.
1251		-	9.7.The boarddepartment may plan and study a hail suppression pilot program that would
1252		-	provide urban and rural hail suppression operations statewide or to any portion of the
1253		-	state.
1254		-	SECTION 23. AMENDMENT. Section 61-04.1-09 of the North Dakota Century Code is
1255		-	amended and reenacted as follows:
1256		-	61-04.1-09. BoardDepartment of water resources to establish research and
1257		-	development program - Hail suppression pilot program.
1258		-	1.The boarddepartment of water resources shall establish a program of weather
1259		-	modification research and development in this state. The boarddepartment shall
1260		-	supervise and coordinate all research and development activities in the state or
1261		-	research and development activities outside of the state participated in or conducted
1262		-	by any state institution or state or county agency.
1263		-	2.If the boarddepartment plans and studies a hail suppression pilot program, the
1264		-	boarddepartment may conduct a planning phase that includes studying the impact on
1265		-	the environment, providing public education, and formulating an operations plan.
1266		-	SECTION 24. AMENDMENT. Section 61-04.1-12 of the North Dakota Century Code is
1267		-	amended and reenacted as follows:
1268		-	61-04.1-12. Exemptions.
1269		-	The boarddepartment of water resources may provide by rule for exemption of the following
1270		-	activities from the license and permit requirements of section 61-04.1-11:
1271		-	1.Research and development conducted by the state, political subdivisions of the state,
1272		-	colleges and universities of the state, agencies of the federal government, or bona fide
1273		-	research corporations.
1274		-	2.Weather modification operations of an emergency nature taken against fire, frost, or
1275		-	fog.
1276		-	Page No. 21 25.0776.03006
	943	+	c.Hire other employees as necessary to carry out the duties of the department and
	944	+	director;
	945	+	d.Organize the department in an efficient manner; and
	946	+	e.Take any other action necessary and appropriate for administration of the
	947	+	department.
	948	+	f.Adopt rules to license water well contractors, water well pump and pitless unit
	949	+	installers, monitoring well contractors, and geothermal system drillers.
	950	+	g.Advise the governor and the state water commission regarding operations of
	951	+	Devils Lake outlets.
	952	+	h.Recommend an operational plan for the Devils Lake outlet based on Sheyenne
	953	+	River capacity and water quality considerations.
	954	+	2.The state engineer is responsible for and shall manage the department's oversight of
	955	+	dam safety, water appropriations, and construction and drainage permits, and
	956	+	associated technical duties related to public safety and property protection.
	957	+	SECTION 19. A new section to chapter 61-03 of the North Dakota Century Code is created
	958	+	and enacted as follows:
	959	+	Requirements for firms engaged in water well work, installation of water well pumps
	960	+	and pitless units, monitoring well work, and drilling of geothermal systems - Exceptions.
	961	+	1.A person, partnership, association, corporation, or limited liability company may not
	962	+	engage in the business of constructing a water well in this state unless at all times a
	963	+	certified water well contractor, who is responsible for the proper construction or
	964	+	alteration of a water well, is in charge. This section does not prohibit any person,
	965	+	partnership, association, corporation, or limited liability company from constructing any
	966	+	water well on the person's or entity's own premises for the person's or entity's own
	967	+	use.
	968	+	2.A person may not engage in the business of installing water well pumps and pitless
	969	+	units in the state after July 1, 1986, unless a certified installer, who is responsible for
	970	+	the proper installation of the pump and pitless unit, is in charge of the installation. This
	971	+	chapter does not prohibit any person from installing water well pumps and pitless units
	972	+	on that person's own premises for that person's own use.
	973	+	Page No. 16 25.0776.05000
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1304	1001		28
1305	1002		29
1306	1003		30 Sixty-ninth
1307	1004		Legislative Assembly
	1005	+	3.A person may not engage in the business of constructing a monitoring well in this state
	1006	+	unless at all times a certified monitoring well contractor, who is responsible for the
	1007	+	proper construction or alteration of the monitoring well, is in charge. This section does
	1008	+	not prohibit any person from installing a monitoring well on that person's own premises
	1009	+	for that person's own use.
	1010	+	4.A person may not engage in the business of drilling geothermal systems in the state
	1011	+	after July 1, 2008, unless a certified driller, who is responsible for the proper drilling of
	1012	+	the geothermal system, is in charge of the drilling. This section does not prohibit a
	1013	+	person from drilling geothermal systems on that person's own premises for that
	1014	+	person's own use.
	1015	+	5.Within thirty days after the completion of each well, each water well contractor shall
	1016	+	report to the department, on forms provided by the department, any information
	1017	+	required by the department, including a log of formations penetrated, well depth, and
	1018	+	casing size and weight. The water well contractor shall provide a copy of the report to
	1019	+	the customer. All information submitted to the department must remain the property of
	1020	+	the department.
	1021	+	SECTION 20. AMENDMENT. Section 61-04.1-03 of the North Dakota Century Code is
	1022	+	amended and reenacted as follows:
	1023	+	61-04.1-03. Definitions.
	1024	+	As used in this chapter, unless the context otherwise requires:
	1025	+	1."Board" means the North Dakota atmospheric resource board which, in the exercise of
	1026	+	the powers granted under this chapter, has all of the powers of an administrative
	1027	+	agency as defined in chapter 28-32.
	1028	+	2."Controller" refers to any licensee duly authorized in this state to engage in weather
	1029	+	modification operations.
	1030	+	3.2."Geographical region" means a geographical area with a contiguous boundary that
	1031	+	may enclose a portion of any county or counties.
	1032	+	4.3."Hail suppression" refers to the activation of any process that will reduce, modify,
	1033	+	suppress, eliminate, or soften hail formed in clouds or storms.
	1034	+	Page No. 17 25.0776.05000
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	1036	+	2
	1037	+	3
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	1041	+	7
	1042	+	8
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	1047	+	13
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	1060	+	26
	1061	+	27
	1062	+	28
	1063	+	29 Sixty-ninth
	1064	+	Legislative Assembly
	1065	+	5.4."Increasing precipitation" refers to the activation of any process that will actually result
	1066	+	in greater amounts of moisture reaching the ground in any area from a cloud or cloud
	1067	+	system than would have occurred naturally.
	1068	+	6.5."Initiating precipitation" refers to the process of causing precipitation from clouds which
	1069	+	could not otherwise have occurred naturally or inducing precipitation significantly
	1070	+	earlier than would have occurred naturally.
	1071	+	7.6."Operation" means the performance of any weather modification activity undertaken
	1072	+	for the purpose of producing or attempting to produce any form of modifying effect
	1073	+	upon the weather within a limited geographical area or within a limited period of time.
	1074	+	8.7."Research and development" means exploration, field experimentation, and extension
	1075	+	of investigative findings and theories of a scientific or technical nature into practical
	1076	+	application for experimental and demonstration purposes, including the experimental
	1077	+	production of models, devices, equipment, materials, and processes.
	1078	+	9.8."Weather modification" means and extends to the control, alteration, and amelioration
	1079	+	of weather elements, including man-caused changes in the natural precipitation
	1080	+	process, hail suppression or modification, and alteration of other weather phenomena,
	1081	+	including clouds, temperature, wind direction, and velocity, and the initiating,
	1082	+	increasing, decreasing, and otherwise modifying by artificial methods of precipitation in
	1083	+	the form of rain, snow, hail, mist, or fog through cloud seeding, electrification, or by
	1084	+	other means to provide immediate practical benefits.
	1085	+	10.9."Weather modification authority" means the governing body created by a board of
	1086	+	county commissioners under section 61-04.1-22.1, 61-04.1-23, 61-04.1-27,
	1087	+	61-04.1-29, or 61-04.1-31.
	1088	+	SECTION 21. AMENDMENT. Section 61-04.1-08 of the North Dakota Century Code is
	1089	+	amended and reenacted as follows:
	1090	+	61-04.1-08. Powers and duties of boardthe department.
	1091	+	The boarddepartment has the following powers and duties:
	1092	+	1.The board shall appoint an executive director to serve at the board's discretion and to
	1093	+	perform duties assigned by the board.
	1094	+	Page No. 18 25.0776.05000
	1095	+	1
	1096	+	2
	1097	+	3
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	1123	+	29 Sixty-ninth
	1124	+	Legislative Assembly
	1125	+	2.The board shall authorize the employment of staff the board deems necessary to carry
	1126	+	out the provisions of this chapter. The executive director shall hire the staff, subject to
	1127	+	the approval of the board.
	1128	+	3.The boarddepartment shall adopt rules concerning qualifications, procedures, and
	1129	+	conditions for issuance, revocation, suspension, and modification of licenses and
	1130	+	permits; standards and instructions governing weather modification operations,
	1131	+	including monitoring and evaluation, recordkeeping, and reporting, and the
	1132	+	boarddepartment shall establish procedures and forms for this recordkeeping and
	1133	+	reporting. The boarddepartment may adopt all other rules necessary to the
	1134	+	administration of this chapter. The provisions of chapter 28-32 apply to this chapter
	1135	+	and rules of the boarddepartment must be published in the North Dakota
	1136	+	Administrative Code.
	1137	+	4.2.The boarddepartment may contract with any person to carry out weather modification
	1138	+	operations and, in connection with regulated weather modification operations in a
	1139	+	county or geographical region, shall carry on monitoring and evaluation activities.
	1140	+	5.3.The boarddepartment may order any person who is conducting weather modification
	1141	+	operations in violation of this chapter or any rules adopted to implement this chapter,
	1142	+	to cease and desist from those operations and the order is enforceable in any court of
	1143	+	competent jurisdiction within this state.
	1144	+	6.4.The boarddepartment may cooperate and contract with any person engaged in
	1145	+	activities similar to the work of the boarddepartment and may make contracts and
	1146	+	agreements to carry out programs consistent with the purpose and intent of this
	1147	+	chapter. The boarddepartment may request and accept any grants of funds or services
	1148	+	from any person and expend these funds or use these services to carry out this
	1149	+	chapter.
	1150	+	7.5.The boarddepartment shall monitor the current state of knowledge regarding the
	1151	+	magnitude and impacts of possible regional and global climatic changes and shall
	1152	+	provide information to other state agencies that may benefit from this knowledge.
	1153	+	8.6.The boarddepartment shall administer and enforce the provisions of this chapter and
	1154	+	do all things reasonably necessary to effectuate the purposes of this chapter.
	1155	+	Page No. 19 25.0776.05000
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	1185	+	30 Sixty-ninth
	1186	+	Legislative Assembly
	1187	+	9.7.The boarddepartment may plan and study a hail suppression pilot program that would
	1188	+	provide urban and rural hail suppression operations statewide or to any portion of the
	1189	+	state.
	1190	+	SECTION 22. AMENDMENT. Section 61-04.1-09 of the North Dakota Century Code is
	1191	+	amended and reenacted as follows:
	1192	+	61-04.1-09. BoardDepartment of water resources to establish research and
	1193	+	development program - Hail suppression pilot program.
	1194	+	1.The boarddepartment of water resources shall establish a program of weather
	1195	+	modification research and development in this state. The boarddepartment shall
	1196	+	supervise and coordinate all research and development activities in the state or
	1197	+	research and development activities outside of the state participated in or conducted
	1198	+	by any state institution or state or county agency.
	1199	+	2.If the boarddepartment plans and studies a hail suppression pilot program, the
	1200	+	boarddepartment may conduct a planning phase that includes studying the impact on
	1201	+	the environment, providing public education, and formulating an operations plan.
	1202	+	SECTION 23. AMENDMENT. Section 61-04.1-12 of the North Dakota Century Code is
	1203	+	amended and reenacted as follows:
	1204	+	61-04.1-12. Exemptions.
	1205	+	The boarddepartment of water resources may provide by rule for exemption of the following
	1206	+	activities from the license and permit requirements of section 61-04.1-11:
	1207	+	1.Research and development conducted by the state, political subdivisions of the state,
	1208	+	colleges and universities of the state, agencies of the federal government, or bona fide
	1209	+	research corporations.
	1210	+	2.Weather modification operations of an emergency nature taken against fire, frost, or
	1211	+	fog.
1308	1212		Exempted activities shallmust be conducted so as not to unduly interfere with weather
1309	1213		modification operations conducted under a permit issued in accordance with this chapter.
1310		-	SECTION 25. AMENDMENT. Section 61-04.1-14 of the North Dakota Century Code is
	1214	+	SECTION 24. AMENDMENT. Section 61-04.1-14 of the North Dakota Century Code is
1311	1215		amended and reenacted as follows:
	1216	+	Page No. 20 25.0776.05000
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	1245	+	29 Sixty-ninth
	1246	+	Legislative Assembly
1312	1247		61-04.1-14. Issuance of license - Fee.
1313	1248		The boarddepartment of water resources shall provide, by rule, the procedure and criteria
1314	1249		for the issuance of a license. The boarddepartment, in accordance with its rules, shall issue a
1315	1250		weather modification license to each applicant who:
1316	1251		1.Pays a license fee of fifty dollars.
1317	1252		2.Demonstrates competence to engage in weather modification operations, to the
1318	1253		satisfaction of the boarddepartment.
1319	1254		3.Designates an agent for the service of process pursuant to section 61-04.1-13 or
1320	1255		chapter 10-19.1.
1321	1256		Each license issued by the board shall bedepartment is nontransferable and shall expireexpires
1322	1257		on December thirty-first of the year of issuance. A license shall beis revocable for cause at any
1323	1258		time prior to such date if, after holding a hearing upon due notice, the board shall
1324	1259		determinedepartment determines that cause for revocation exists. License fees collected by the
1325	1260		board shalldepartment must be paid into the general fund in the state treasury.
1326		-	SECTION 26. AMENDMENT. Section 61-04.1-15 of the North Dakota Century Code is
	1261	+	SECTION 25. AMENDMENT. Section 61-04.1-15 of the North Dakota Century Code is
1327	1262		amended and reenacted as follows:
1328	1263		61-04.1-15. Revocation or suspension of license.
1329	1264		The boarddepartment of water resources may suspend or revoke a license for any of the
1330	1265		following reasons:
1331	1266		1.Incompetency.
1332	1267		2.Dishonest practice.
1333	1268		3.False or fraudulent representations made in obtaining a license or permit under this
1334	1269		chapter.
1335	1270		4.Failure to comply with any provisions of this chapter or any rules adopted by the
1336	1271		boarddepartment pursuant to this chapter.
1337		-	SECTION 27. AMENDMENT. Section 61-04.1-16 of the North Dakota Century Code is
	1272	+	SECTION 26. AMENDMENT. Section 61-04.1-16 of the North Dakota Century Code is
1338	1273		amended and reenacted as follows:
1339		-	Page No. 22 25.0776.03006
	1274	+	61-04.1-16. Permit required - Issuance of permit - Fee.
	1275	+	1.A weather modification permit shall beis required for each geographical area, as set
	1276	+	out in the operational plan required by subdivision b, in which a person intends to
	1277	+	conduct weather modification operations. Each permit issued by the board shall
	1278	+	Page No. 21 25.0776.05000
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1341	1280		2
1342	1281		3
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1353	1292		14
1354	1293		15
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1356	1295		17
1357	1296		18
1358	1297		19
1359	1298		20
1360	1299		21
1361	1300		22
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1363	1302		24
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1365	1304		26
1366	1305		27
1367	1306		28
1368	1307		29
1369	1308		30
1370	1309		31 Sixty-ninth
1371	1310		Legislative Assembly
1372		-	61-04.1-16. Permit required - Issuance of permit - Fee.
1373		-	1.A weather modification permit shall beis required for each geographical area, as set
1374		-	out in the operational plan required by subdivision b, in which a person intends to
1375		-	conduct weather modification operations. Each permit issued by the board shall
1376	1311		expiredepartment of water resources expires on December thirty-first of the year of
1377	1312		issuance. A person applying for a weather modification operational permit shall file an
1378	1313		application with the boarddepartment, in such form as the board shall
1379	1314		prescribedepartment prescribes, which application shallmust be accompanied by an
1380	1315		application fee of twenty-five dollars and contain such information as the
1381	1316		boarddepartment, by rule, may require, and in addition, each applicant for a permit
1382	1317		shall:
1383	1318		a.Furnish proof of financial responsibility as provided by section 61-04.1-19.
1384	1319		b.Set forth a complete operational plan for the proposed operation which shallmust
1385	1320		include a specific statement of its nature and object, a map of the proposed
1386	1321		operating area which specifies the primary target area for the proposed operation
1387	1322		and shows the area that is reasonably expected to be affected by such operation,
1388	1323		a statement of the approximate time during which the operation is to be
1389	1324		conducted, a list of the materials and methods to be used in conducting the
1390	1325		operation, and such other detailed information as may be needed to describe the
1391	1326		operation.
1392	1327		2.The boarddepartment may issue the permit if it determines that:
1393	1328		a.The applicant holds a valid weather modification license issued under this
1394	1329		chapter.
1395	1330		b.The applicant has furnished satisfactory proof of financial responsibility in
1396	1331		accordance with section 61-04.1-19.
1397	1332		c.The applicant has paid the required application fee.
1398	1333		d.The operation:
1399	1334		(1)Is reasonably conceived to improve water quantity or quality, reduce loss
1400	1335		from weather hazards, provide economic benefits for the people of this
1401	1336		state, advance scientific knowledge, or otherwise carry out the purposes of
1402	1337		this chapter.
1403		-	Page No. 23 25.0776.03006
	1338	+	(2)Is designed to include adequate safeguards to minimize or avoid possible
	1339	+	damage to the public health, safety, welfare, or the environment.
	1340	+	(3)Will not adversely affect another operation for which a permit has been
	1341	+	issued.
	1342	+	Page No. 22 25.0776.05000
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1405	1344		2
1406	1345		3
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1411	1350		8
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1413	1352		10
1414	1353		11
1415	1354		12
1416	1355		13
1417	1356		14
1418	1357		15
1419	1358		16
1420	1359		17
1421	1360		18
1422	1361		19
1423	1362		20
1424	1363		21
1425	1364		22
1426	1365		23
1427	1366		24
1428	1367		25
1429	1368		26
1430	1369		27
1431	1370		28
1432	1371		29
1433	1372		30
1434	1373		31 Sixty-ninth
1435	1374		Legislative Assembly
1436		-	(2)Is designed to include adequate safeguards to minimize or avoid possible
1437		-	damage to the public health, safety, welfare, or the environment.
1438		-	(3)Will not adversely affect another operation for which a permit has been
1439		-	issued.
1440	1375		e.The applicant has North Dakota workforce safety and insurance coverage for all
1441	1376		employees working in this state.
1442	1377		f.The applicant has furnished a performance bond as required by section
1443	1378		61-04.1-34.
1444	1379		g.The applicant has complied with such other requirements for the issuance of
1445	1380		permits as may be required by the rules and regulations of the boarddepartment.
1446	1381		h.The applicant has furnished a bid bond.
1447	1382		i.The applicant has registered, with the North Dakota aeronautics commission, any
1448	1383		aircraft intended to be used in connection with the operation.
1449	1384		To carry out the objectives and purposes of this chapter, the boarddepartment may
1450	1385		condition and limit permits as to primary target areas, time of the operation, materials,
1451	1386		equipment, and methods to be used in conducting the operation, emergency shutdown
1452	1387		procedure, emergency assistance, and such other operational requirements as may
1453	1388		be established by the boarddepartment.
1454	1389		3.The board shalldepartment may issue only one permit at a time for operations in any
1455	1390		geographical area if two or more operations conducted in such an area according to
1456	1391		permit limitations might adversely interfere with one another.
1457	1392		4.All permit fees collected by the board shalldepartment must be paid into the general
1458	1393		fund of the state treasury.
1459		-	SECTION 28. AMENDMENT. Section 61-04.1-17 of the North Dakota Century Code is
	1394	+	SECTION 27. AMENDMENT. Section 61-04.1-17 of the North Dakota Century Code is
1460	1395		amended and reenacted as follows:
1461	1396		61-04.1-17. Hearings.
1462	1397		The boarddepartment of water resources shall give public notice, in the official county
1463	1398		newspaper or newspapers in the area of the state reasonably expected to be affected by
1464	1399		operations conducted under a permit, that it is considering an application for such permit, and, if
1465	1400		objection to the issuance of the permit is received by the boarddepartment within twenty days,
1466	1401		the boarddepartment may hold a public hearing for the purpose of obtaining information from
1467		-	Page No. 24 25.0776.03006
	1402	+	the public concerning the effects of issuing the permit. The boarddepartment may also hold
	1403	+	such hearings upon its own motion.
	1404	+	SECTION 28. AMENDMENT. Section 61-04.1-18 of the North Dakota Century Code is
	1405	+	amended and reenacted as follows:
	1406	+	Page No. 23 25.0776.05000
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1469	1408		2
1470	1409		3
1471	1410		4
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1474	1413		7
1475	1414		8
1476	1415		9
1477	1416		10
1478	1417		11
1479	1418		12
1480	1419		13
1481	1420		14
1482	1421		15
1483	1422		16
1484	1423		17
1485	1424		18
1486	1425		19
1487	1426		20
1488	1427		21
1489	1428		22
1490	1429		23
1491	1430		24
1492	1431		25
1493	1432		26
1494	1433		27
1495	1434		28
1496	1435		29
1497	1436		30
1498	1437		31 Sixty-ninth
1499	1438		Legislative Assembly
1500		-	the public concerning the effects of issuing the permit. The boarddepartment may also hold
1501		-	such hearings upon its own motion.
1502		-	SECTION 29. AMENDMENT. Section 61-04.1-18 of the North Dakota Century Code is
1503		-	amended and reenacted as follows:
1504	1439		61-04.1-18. Revocation, suspension, or modification of permit.
1505	1440		The boarddepartment of water resources may suspend or revoke a permit if it appears that
1506	1441		the permittee no longer has the qualifications necessary for the issuance of an original permit or
1507	1442		has violated any provision of this chapter, or any of the rules adopted under it.
1508	1443		The boarddepartment may revise the conditions and limits of a permit if:
1509	1444		1.The permittee is given notice and a reasonable opportunity for a hearing, to be held in
1510	1445		accordance with chapter 28-32.
1511	1446		2.It appears to the boarddepartment that a modification of the conditions and limits of a
1512	1447		permit is necessary to protect the public's health, safety, welfare, or the environment.
1513	1448		If it appears to the boarddepartment that an emergency situation exists or is impending which
1514	1449		could endanger the public's health, safety, welfare, or the environment, the boarddepartment
1515	1450		may, without prior notice or hearing, immediately modify the conditions or limits of a permit, or
1516	1451		order temporary suspension of a permit. The issuance of such an order shallmust include notice
1517	1452		of a hearing to be held within ten days thereafter on the question of permanently modifying the
1518	1453		conditions and limits or continuing the suspension of the permit. Failure to comply with an order
1519	1454		temporarily suspending an operation or modifying the conditions and limits of a permit shall beis
1520	1455		grounds for immediate revocation of the license and permit of the person controlling or engaged
1521	1456		in the operation.
1522		-	SECTION 30. AMENDMENT. Section 61-04.1-19 of the North Dakota Century Code is
	1457	+	SECTION 29. AMENDMENT. Section 61-04.1-19 of the North Dakota Century Code is
1523	1458		amended and reenacted as follows:
1524	1459		61-04.1-19. Proof of financial responsibility.
1525	1460		Proof of financial responsibility is made by showing to the satisfaction of the
1526	1461		boarddepartment of water resources that the permittee has the ability to respond in damages to
1527	1462		liability which might reasonably result from the operation for which the permit is sought. Such
1528	1463		proofProof of financial responsibility may be shown by:
1529	1464		1.Presentation to the boarddepartment of proof of a prepaid noncancelable insurance
1530	1465		policy against such liability, in an amount approved by the boarddepartment.
1531		-	Page No. 25 25.0776.03006
	1466	+	2.Filing with the boarddepartment a corporate surety bond, cash, or negotiable
	1467	+	securities in an amount approved by the boarddepartment.
	1468	+	SECTION 30. AMENDMENT. Section 61-04.1-20 of the North Dakota Century Code is
	1469	+	amended and reenacted as follows:
	1470	+	Page No. 24 25.0776.05000
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1533	1472		2
1534	1473		3
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1545	1484		14
1546	1485		15
1547	1486		16
1548	1487		17
1549	1488		18
1550	1489		19
1551	1490		20
1552	1491		21
1553	1492		22
1554	1493		23
1555	1494		24
1556	1495		25
1557	1496		26
1558	1497		27
1559	1498		28
1560	1499		29
1561	1500		30
1562	1501		31 Sixty-ninth
1563	1502		Legislative Assembly
1564		-	2.Filing with the boarddepartment a corporate surety bond, cash, or negotiable
1565		-	securities in an amount approved by the boarddepartment.
1566		-	SECTION 31. AMENDMENT. Section 61-04.1-20 of the North Dakota Century Code is
1567		-	amended and reenacted as follows:
1568	1503		61-04.1-20. BoardDepartment of water resources may create operating districts -
1569	1504		Representation of noncontracting counties.
1570	1505		The boarddepartment of water resources may place any county or geographical region for
1571	1506		which a person contracts with the state for weather modification operations in any operational
1572	1507		district the boarddepartment determines necessary to best provide that county or geographical
1573	1508		region with the benefits of weather modification. In determining the boundaries of an operating
1574	1509		district, the boarddeparatment shall consider the patterns of crops within the state, climatic
1575	1510		patterns, and the limitations of aircraft and other technical equipment. The boarddepartment
1576	1511		may assign any county that has not created a weather modification authority under this chapter
1577	1512		to an operating district solely for the purpose of representation on the operations committee of
1578	1513		that district.
1579		-	SECTION 32. AMENDMENT. Section 61-04.1-21 of the North Dakota Century Code is
	1514	+	SECTION 31. AMENDMENT. Section 61-04.1-21 of the North Dakota Century Code is
1580	1515		amended and reenacted as follows:
1581	1516		61-04.1-21. District operations advisory committees created - Duties.
1582	1517		1.There must be a district operations advisory committee in each operations district
1583	1518		created in accordance with section 61-04.1-20. Each committee must be composed of
1584	1519		one commissioner of the weather modification authority, if a weather modification
1585	1520		authority exists, from each county within the district; a representative of each person
1586	1521		contracting for a geographical region assigned to the district; and one member of the
1587	1522		board of county commissioners from each county assigned to the district. Each
1588	1523		advisory committee, upon majority vote, with the concurrence of the boarddepartment
1589	1524		of water resources, shall adopt rules and bylaws necessary to govern that committee's
1590	1525		procedures and meetings. Each committee shall evaluate weather modification
1591	1526		operations within that committee's district and make recommendations and proposals
1592	1527		to the boarddepartment concerning these operations.
1593	1528		2.The weather modification authority of any county authorized to contract for weather
1594	1529		modification operations under this chapter which is not assigned to an operations
1595		-	Page No. 26 25.0776.03006
	1530	+	district shall assume the functions of the district operations committee and may
	1531	+	exercise the powers and duties assigned to the operations committees by this chapter
	1532	+	and by the rules of the boarddepartment.
	1533	+	Page No. 25 25.0776.05000
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	1560	+	27
	1561	+	28
	1562	+	29
	1563	+	30 Sixty-ninth
	1564	+	Legislative Assembly
	1565	+	SECTION 32. AMENDMENT. Section 61-04.1-33 of the North Dakota Century Code is
	1566	+	amended and reenacted as follows:
	1567	+	61-04.1-33. Bids required - When.
	1568	+	WheneverIf the board shall undertake to contractdepartment of water resources contracts
	1569	+	with any licensed controller in an amount in excess of ten thousand dollars in any one year, the
	1570	+	boarddepartment shall advertise for proposals for such weather modification activities and, in its
	1571	+	proceedings with respect to bids therefor, shall substantially follow the manner and form
	1572	+	required by the laws of this state for the purchase of supplies by the office of management and
	1573	+	budget. The board shalldepartment may not enter into noa contract or agreement for weather
	1574	+	modification services except with a controller, holding the permit as required by this chapter,
	1575	+	except for the purpose of gathering technical information, and making studies or surveys.
	1576	+	SECTION 33. AMENDMENT. Section 61-04.1-34 of the North Dakota Century Code is
	1577	+	amended and reenacted as follows:
	1578	+	61-04.1-34. Performance bond, cash, or negotiable securities required.
	1579	+	Before the board shall contractdepartment of water resources contracts with any controller,
	1580	+	itthe department shall require the controller to furnish a surety bond or cash or negotiable
	1581	+	securities for the faithful performance of the contract in such amount as determined by the
	1582	+	boarddepartment, conditioned that the licensee and the licensee's agents will in all respects
	1583	+	faithfully perform all weather modification contracts undertaken with the boarddepartment and
	1584	+	will comply with all provisions of this chapter and the contract entered into by the
	1585	+	boarddepartment and the licensee.
	1586	+	SECTION 34. AMENDMENT. Section 61-04.1-37 of the North Dakota Century Code is
	1587	+	amended and reenacted as follows:
	1588	+	61-04.1-37. Liability of controller.
	1589	+	1.An operation conducted under the license and permit requirements of this chapter is
	1590	+	not an ultrahazardous or abnormally dangerous activity which makes the permittee
	1591	+	subject to liability without fault.
	1592	+	2.Dissemination of materials and substances into the atmosphere by a permittee acting
	1593	+	within the conditions and limits of the permittee's permit shalldo not constitute
	1594	+	trespass.
	1595	+	Page No. 26 25.0776.05000
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	1610	+	15
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	1625	+	30 Sixty-ninth
	1626	+	Legislative Assembly
	1627	+	3.Except as provided in this section and in section 61-04.1-36, nothing in this chapter
	1628	+	shalldoes not prevent any person adversely affected by a weather modification
	1629	+	operation from recovering damages resulting from negligent or intentionally harmful
	1630	+	conduct by a permittee.
	1631	+	4.The fact that a person holds a license or was issued a permit under this chapter, or
	1632	+	that the person has complied with the rules adopted by the board pursuant
	1633	+	todepartment of water resources under this chapter, is not admissible as a defense in
	1634	+	any legal action which may be brought against the person.
	1635	+	SECTION 35. AMENDMENT. Section 61-04.1-38 of the North Dakota Century Code is
	1636	+	amended and reenacted as follows:
	1637	+	61-04.1-38. BoardDepartment of water resources may receive and expend funds.
	1638	+	1.The boarddepartment of water resources may receive and accept in the name of the
	1639	+	state any funds that are offered or become available from any federal grant or
	1640	+	appropriation, private gift, donation, or bequest, county funds, or funds from any other
	1641	+	source except license and permit fees, and to expend these funds for the expense of
	1642	+	administering this chapter, and, with the exception of county funds and funds from any
	1643	+	other person contracting with the boarddepartment for weather modification
	1644	+	operations, for the encouragement of research and development in weather
	1645	+	modification by any private person, the North Dakota state university, the university of
	1646	+	North Dakota, or any other appropriate state, county, or public agency in this state by
	1647	+	direct grant, contract, or other means.
	1648	+	2.All federal grants, federal appropriations, private gifts, donations, or bequests, county
	1649	+	funds, or funds from any other source except license and permit fees, received by the
	1650	+	boarddepartment must be paid over to the state treasurer, who shall credit this amount
	1651	+	to a special fund in the state treasury known as the state weather modification fundthe
	1652	+	water commission fund. All proceeds deposited by the state treasurer in the state
	1653	+	weather modificationwater commission fund are appropriated to the boarddepartment
	1654	+	and, if expended, must be disbursed by warrant-check prepared by the office of
	1655	+	management and budget upon vouchers submitted by the boarddepartment and must
	1656	+	be used for the purpose of paying for the expense of administration of this chapter
	1657	+	and, with the exception of county funds or funds from any other person contracting
	1658	+	Page No. 27 25.0776.05000
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1626	1689		31 Sixty-ninth
1627	1690		Legislative Assembly
1628		-	district shall assume the functions of the district operations committee and may
1629		-	exercise the powers and duties assigned to the operations committees by this chapter
1630		-	and by the rules of the boarddepartment.
1631		-	SECTION 33. AMENDMENT. Section 61-04.1-33 of the North Dakota Century Code is
	1691	+	with the boarddepartment for weather modification operations, for the encouragement
	1692	+	of research and development in weather modification by any private person, the North
	1693	+	Dakota state university, the university of North Dakota, or any other appropriate state,
	1694	+	county, or public agency by direct grant, contract, or other means.
	1695	+	SECTION 36. AMENDMENT. Section 61-04.1-39 of the North Dakota Century Code is
1632	1696		amended and reenacted as follows:
1633		-	61-04.1-33. Bids required - When.
1634		-	WheneverIf the board shall undertake to contractdepartment of water resources contracts
1635		-	with any licensed controller in an amount in excess of ten thousand dollars in any one year, the
1636		-	boarddepartment shall advertise for proposals for such weather modification activities and, in its
1637		-	proceedings with respect to bids therefor, shall substantially follow the manner and form
1638		-	required by the laws of this state for the purchase of supplies by the office of management and
1639		-	budget. The board shalldepartment may not enter into noa contract or agreement for weather
1640		-	modification services except with a controller, holding the permit as required by this chapter,
1641		-	except for the purpose of gathering technical information, and making studies or surveys.
1642		-	SECTION 34. AMENDMENT. Section 61-04.1-34 of the North Dakota Century Code is
1643		-	amended and reenacted as follows:
1644		-	61-04.1-34. Performance bond, cash, or negotiable securities required.
1645		-	Before the board shall contractdepartment of water resources contracts with any controller,
1646		-	itthe department shall require the controller to furnish a surety bond or cash or negotiable
1647		-	securities for the faithful performance of the contract in such amount as determined by the
1648		-	boarddepartment, conditioned that the licensee and the licensee's agents will in all respects
1649		-	faithfully perform all weather modification contracts undertaken with the boarddepartment and
1650		-	will comply with all provisions of this chapter and the contract entered into by the
1651		-	boarddepartment and the licensee.
1652		-	SECTION 35. AMENDMENT. Section 61-04.1-37 of the North Dakota Century Code is
1653		-	amended and reenacted as follows:
1654		-	61-04.1-37. Liability of controller.
1655		-	1.An operation conducted under the license and permit requirements of this chapter is
1656		-	not an ultrahazardous or abnormally dangerous activity which makes the permittee
1657		-	subject to liability without fault.
1658		-	Page No. 27 25.0776.03006
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1688		-	30 Sixty-ninth
1689		-	Legislative Assembly
1690		-	2.Dissemination of materials and substances into the atmosphere by a permittee acting
1691		-	within the conditions and limits of the permittee's permit shalldo not constitute
1692		-	trespass.
1693		-	3.Except as provided in this section and in section 61-04.1-36, nothing in this chapter
1694		-	shalldoes not prevent any person adversely affected by a weather modification
1695		-	operation from recovering damages resulting from negligent or intentionally harmful
1696		-	conduct by a permittee.
1697		-	4.The fact that a person holds a license or was issued a permit under this chapter, or
1698		-	that the person has complied with the rules adopted by the board pursuant
1699		-	todepartment of water resources under this chapter, is not admissible as a defense in
1700		-	any legal action which may be brought against the person.
1701		-	SECTION 36. AMENDMENT. Section 61-04.1-38 of the North Dakota Century Code is
1702		-	amended and reenacted as follows:
1703		-	61-04.1-38. BoardDepartment of water resources may receive and expend funds.
1704		-	1.The boarddepartment of water resources may receive and accept in the name of the
1705		-	state any funds that are offered or become available from any federal grant or
1706		-	appropriation, private gift, donation, or bequest, county funds, or funds from any other
1707		-	source except license and permit fees, and to expend these funds for the expense of
1708		-	administering this chapter, and, with the exception of county funds and funds from any
1709		-	other person contracting with the boarddepartment for weather modification
1710		-	operations, for the encouragement of research and development in weather
1711		-	modification by any private person, the North Dakota state university, the university of
1712		-	North Dakota, or any other appropriate state, county, or public agency in this state by
1713		-	direct grant, contract, or other means.
1714		-	2.All federal grants, federal appropriations, private gifts, donations, or bequests, county
1715		-	funds, or funds from any other source except license and permit fees, received by the
1716		-	boarddepartment must be paid over to the state treasurer, who shall credit this amount
1717		-	to a special fund in the state treasury known as the state weather modification fundthe
1718		-	water commission fund. All proceeds deposited by the state treasurer in the state
1719		-	weather modificationwater commission fund are appropriated to the boarddepartment
1720		-	and, if expended, must be disbursed by warrant-check prepared by the office of
1721		-	Page No. 28 25.0776.03006
	1697	+	61-04.1-39. Payment for weather modification - State to provide funds.
	1698	+	Any weather modification authority or person that contracted with the boarddepartment of
	1699	+	water resources for weather modification operations under this chapter shall appropriate to the
	1700	+	state weather modificationwater commission fund the amount determined by the
	1701	+	boarddepartment to be necessary to provide that weather modification authority or person with
	1702	+	weather modification operations. The boarddepartment may expend, from the state weather
	1703	+	modificationwater commission fund, the funds the boarddepartment deems necessary to
	1704	+	provide a contracting weather modification authority or person with weather modification
	1705	+	operations.
	1706	+	SECTION 37. AMENDMENT. Subdivision a of subsection 2 of section 65-02-03.1 of the
	1707	+	North Dakota Century Code is amended and reenacted as follows:
	1708	+	a.A departing member representing an employer must be replaced by a member
	1709	+	representing an employer, most of whose employees are in a different rate
	1710	+	classification than those of the employer represented by the departing member.
	1711	+	The governor shall appoint the member for an employer representative from a list
	1712	+	of three potential candidates submitted by a coordinating committee appointed by
	1713	+	the governor, composed ofan organization of business associations. The
	1714	+	organization shall accept qualified candidate recommendations received from
	1715	+	representatives from the associated general contractors of North Dakota, the
	1716	+	North Dakota petroleum council, the greater North Dakota chamber of
	1717	+	commerce, the North Dakota motor carriers association, the North Dakota
	1718	+	hospital association, the national federation of independent business, the lignite
	1719	+	energy council, and other statewide business interests.
	1720	+	SECTION 38. REPEAL. Chapter 8-11.1, sections 12-48-06.1, 15.1-37-05, 15.1-37-06, and
	1721	+	15.1-37-08, chapter 17-07, sections 19-24.1-38, 19-24.1-39, and 23-35-02.3, chapters 34-16
	1722	+	Page No. 28 25.0776.05000
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1752	1753		31 Sixty-ninth
1753	1754		Legislative Assembly
1754		-	management and budget upon vouchers submitted by the boarddepartment and must
1755		-	be used for the purpose of paying for the expense of administration of this chapter
1756		-	and, with the exception of county funds or funds from any other person contracting
1757		-	with the boarddepartment for weather modification operations, for the encouragement
1758		-	of research and development in weather modification by any private person, the North
1759		-	Dakota state university, the university of North Dakota, or any other appropriate state,
1760		-	county, or public agency by direct grant, contract, or other means.
1761		-	SECTION 37. AMENDMENT. Section 61-04.1-39 of the North Dakota Century Code is
1762		-	amended and reenacted as follows:
1763		-	61-04.1-39. Payment for weather modification - State to provide funds.
1764		-	Any weather modification authority or person that contracted with the boarddepartment of
1765		-	water resources for weather modification operations under this chapter shall appropriate to the
1766		-	state weather modificationwater commission fund the amount determined by the
1767		-	boarddepartment to be necessary to provide that weather modification authority or person with
1768		-	weather modification operations. The boarddepartment may expend, from the state weather
1769		-	modificationwater commission fund, the funds the boarddepartment deems necessary to
1770		-	provide a contracting weather modification authority or person with weather modification
1771		-	operations.
1772		-	SECTION 38. AMENDMENT. Subdivision a of subsection 2 of section 65-02-03.1 of the
1773		-	North Dakota Century Code is amended and reenacted as follows:
1774		-	a.A departing member representing an employer must be replaced by a member
1775		-	representing an employer, most of whose employees are in a different rate
1776		-	classification than those of the employer represented by the departing member.
1777		-	The governor shall appoint the member for an employer representative from a list
1778		-	of three potential candidates submitted by a coordinating committee appointed by
1779		-	the governor, composed ofan organization of business associations. The
1780		-	organization shall accept qualified candidate recommendations received from
1781		-	representatives from the associated general contractors of North Dakota, the
1782		-	North Dakota petroleum council, the greater North Dakota chamber of
1783		-	commerce, the North Dakota motor carriers association, the North Dakota
1784		-	Page No. 29 25.0776.03006
	1755	+	and 43-35, sections 50-06-05.6, 50-06.4-10, 50-11.1-25, 50-11.1-26, 50-11.1-27, 52-02-07,
	1756	+	54-34.3-10, 54-54-10, 54-59-25, 54-59-33, 54-59-35, 54-59-38, 54-60-25, 61-04.1-04,
	1757	+	61-04.1-05, 61-04.1-06, 61-04.1-07, and 61-04.1-10, and chapter 61-36 of the North Dakota
	1758	+	Century Code are repealed.
	1759	+	SECTION 39. REPEAL. Sections 55-01-13 and 55-01-14 of the North Dakota Century
	1760	+	Code are repealed.
	1761	+	SECTION 40. EFFECTIVE DATE. Section 39 of this Act is effective December 31, 2026.
	1762	+	SECTION 41. EXPIRATION DATE. Section 10 of this Act is effective through December 1,
	1763	+	2026, and after that date is ineffective.
	1764	+	Page No. 29 25.0776.05000
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1814		-	30 Sixty-ninth
1815		-	Legislative Assembly
1816		-	hospital association, the national federation of independent business, the lignite
1817		-	energy council, and other statewide business interests.
1818		-	SECTION 39. REPEAL. Chapter 8-11.1, sections 12-48-06.1, 15.1-37-05, 15.1-37-06, and
1819		-	15.1-37-08, chapter 17-07, sections 19-24.1-38, 19-24.1-39, and 23-35-02.3, chapters 34-16
1820		-	and 43-35, sections 50-06-05.6, 50-06.4-10, 50-11.1-25, 50-11.1-26, 50-11.1-27, 52-02-07,
1821		-	54-34.3-10, 54-54-10, 54-59-25, 54-59-33, 54-59-35, 54-59-38, 54-60-25, 61-04.1-04,
1822		-	61-04.1-05, 61-04.1-06, 61-04.1-07, and 61-04.1-10, and chapter 61-36 of the North Dakota
1823		-	Century Code are repealed.
1824		-	SECTION 40. REPEAL. Sections 55-01-13 and 55-01-14 of the North Dakota Century
1825		-	Code are repealed.
1826		-	SECTION 41. EFFECTIVE DATE. Section 4140 of this Act is effective December 31, 2026.
1827		-	SECTION 42. EXPIRATION DATE. Section 12Sections 10 and 19 of this Act isare effective
1828		-	through December 1, 2026, and after that date isare ineffective.
1829		-	Page No. 30 25.0776.03006
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