New laws in North Dakota: A to Z

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Below are some of the ways in which the 2009 North Dakota Legislature's work might affect your life, from A to Z. Bill numbers are in parentheses. Most of the new laws mentioned take effect Aug. 1.

ABORTION: An abortion clinic must post a sign informing its patients they may not be forced to have an abortion. Before undergoing an abortion, a woman must be asked if she wants to view an ultrasound image of her fetus, and she must be told the procedure will "terminate the life of a whole, separate, unique, living human being." (HB1371, HB1445, SB2265)

ALTERNATIVE GRANTS: The state Office of Management and Budget may provide grants to local communities willing to convert state facilities to alternative uses. The bill gives OMB the authority to introduce in the Legislature any bills or constitutional amendments needed to carry out the change. (HB1460)

APPRENTICE: A special "apprentice" hunting license will allow its holder one chance to hunt with an experienced sportsman without taking a required safety course. (SB2165)

ATTORNEY GENERAL: Attorney General Wayne Stenehjem's pay will rise 49 percent in two years, from $87,351 to $130,228 in July 2011. His salary has been matched to the compensation of North Dakota's Supreme Court justices. Other elected state officials' pay is rising 5 percent this year and next, in line with the general pay increase the Legislature approved for state workers. (HB1003)

AUTISM: The state Department of Human Services must establish a 14-member task force to examine services available to families of children who have autism. (SB2174)

BACKGROUND CHECKS: Newly hired workers at day care centers will have to undergo criminal background checks, along with all new hires at the state Department of Human Services. Taxpayers will pick up the cost. (SB2162)

BEER KEGS: A scrap yard or metal recycler may not buy beer kegs from anyone except a brewer or the brewer's representative if the keg is marked as the brewer's property, or if identification markings have been obliterated. Violators face a possible 30-day jail term and a $1,000 fine. (HB1365)

BICYCLISTS: Bicyclists are no longer required to ride on a bike path, instead of the road, when a bike path is nearby. (SB2349)

BIOFUEL BLENDER PUMPS: The Department of Commerce's budget includes $1 million for grants to service stations to help pay for installing biofuel blender pumps, which can dispense various blends of ethanol and biodiesel fuel. (SB2018)

BLOOD DONORS: Teenagers who are at least 16 years old may donate blood without getting permission from their parents. (SB2157)

BOOZE: Someone who wants to start a North Dakota distillery for making whiskey, vodka or other types of hard liquor may apply to the state Tax Department for a domestic distillery license, if the distiller uses mostly North Dakota farm products to make liquor. (HB1249)

BOTTLE ROCKETS: Fireworks stands no longer may advertise or offer to sell bottle rockets to customers. The ban takes effect on Aug. 1, after this year's Fourth of July holiday. It will still be legal to possess bottle rockets and shoot them off, unless a local ordinance prohibits doing so. (SB2366)

BREAST-FEEDING: A woman who is "discreetly" breast-feeding her child is exempted from North Dakota's law against indecent exposure. (SB2344)

BUBBLY: The state privilege tax on champagne and other sparkling wines will drop from 26.4 cents to 13.2 cents per liter, which is the same tax rate as still wines. Wine buyers also must pay North Dakota's sales tax on their purchases. (SB2416)

BURIAL COSTS: A family may be reimbursed for up to $5,000 in burial expenses if a family member is killed during a crime. The maximum is now $3,000. (SB2111)

BURNING BANS: Anyone who deliberately violates a ban on outdoor open burning may be punished by a 30-day jail term and a $1,000 fine. (HB1451)

CAR AND TRUCK REBATES: North Dakota may not levy the state's 5 percent motor vehicle excise tax on rebates used by manufacturers to reduce the price a customer pays for a vehicle. (SB2184)

CARBON CREDITS: Electric power plants that are fueled by coal are eligible for graduated credits against the state power generation tax they pay if they retain at least 20 percent of the carbon dioxide gas that they generate. (SB2221)

CARBON STORAGE: Underground pores that could be used for carbon dioxide storage belong to the owner of the land's surface rights. Storage rights for pore spaces may not be sold separately from the surface rights to the land. North Dakota's Industrial Commission has authority to license and regulate carbon dioxide storage projects and charge fees to finance its oversight. The fees will supply money for two funds to pay for site monitoring and accident cleanup. (SB2095, SB2139)

CHAIRMAN, NOT PRESIDENT: The president of North Dakota's Public Service Commission will now be known as the chairman. (SB2132)

CHILD CARE IMPROVEMENT: The Department of Human Services was given $3.64 million to provide training for child-care workers and voluntary quality improvement guidelines for child-care centers. (HB1418)

CIGARETTES: Starting in August 2010, North Dakota cigarette sellers will be allowed to sell only "reduced ignition" cigarettes, which go out if a smoker quits puffing on them. (HB1368)

CIVICS: North Dakota high school students must read the Declaration of Independence and the U.S. Constitution before they graduate. (HB1435)

COLLEGE CREDIT: A high school sophomore may get college credit for completing course work offered by a college or technical education institution. (HB1273)

COMPUTERS FOR LEGISLATORS: The Legislative Council will establish a policy that allows legislators to buy the laptop computers they use for legislative business when the laptops are replaced. (HB1178)

CORPORAL PUNISHMENT: School districts are required to have consistent policies on corporal punishment that do not differ from school to school within a district. They also may not impose more stringent restrictions against corporal punishment than state law does. (SB2289)

CORPORATE INCOME TAX: The Legislature reduced the top corporate income tax rate from 6.5 percent to 6.4 percent, and eliminated two of the state's five corporate income tax brackets. The top rate will be applied to corporate income greater than $50,000; it is now assessed against income greater than $30,000. (SB2199)

CREDIT CARDS: North Dakota counties may accept credit-card payments for any fee and may add a service charge if they do so. (SB2243)

CREDIT FREEZE: A credit agency must temporarily lift a customer's credit freeze within 15 minutes of getting a request by telephone or secure Internet connection, unless the customer could not provide the needed password or identification number. (HB1308)

CREMATION: A funeral director or crematorium may cremate an adult after his or her death without getting consent from anyone else if the person prepared a statement beforehand saying he or she wanted to be cremated. (HB1323)

CROP ASSESSMENTS: Growers of barley, flax, sunflower and canola will be paying higher checkoff assessments to promote marketing and research. (SB2203, SB2208, HB1402)

DATABASE: The Office of Management and Budget must develop a searchable database of state expenditures. Data must be maintained for at least 10 years. (SB2018)

DEAF INTERPRETERS: North Dakota's state School for the Deaf in Devils Lake is receiving $200,000 for grants to North Dakota colleges to provide interpreters for students who are deaf or hard of hearing. (SB2155)

DENTIST LOANS: Dentists who are working in North Dakota nonprofit dental clinics may apply for student loan repayment grants of up to $60,000, to be paid over two years. Recipients must work in North Dakota public health or nonprofit clinic jobs for at least three years. (SB2358)

DIPLOMAS: Legislation that provides $109.8 million in aid to local schools over two years gives students the option of pursuing a less rigorous high school diploma as an alternative to dropping out. (HB1400)

DIVORCE: North Dakota divorce law has been rewritten to eliminate references to "custodial" and "noncustodial" parents. Instead, the custodial parent has the "primary residential responsibility" for children from the marriage. "Visitation" is now called "parenting time," and a visitation schedule is a "parenting schedule." Divorcing couples must attempt to agree to a "parenting plan" for their children; if they cannot, a judge will do it for them. (SB2042)

DRINK SERVERS: 18-year-olds may serve and take payments for alcoholic beverages in restaurants if they are supervised by someone who is at least 21 years old. (HB1500)

DRUNKEN ACCIDENTS: A driver involved in a crash that caused someone serious injury may be compelled to take a blood, breath or urine test if the driver is believed to be under the influence. If the accident resulted in someone's death, the driver can be compelled to undergo a blood-alcohol test if he or she was speeding, ran a stop sign or committed some other moving traffic violation. (HB1219)

ELECTRONIC FILING: Businesses with 25 or more employees must file their unemployment tax contribution and wage reports electronically. (SB2107)

EMERGENCY TAX: Counties with a population of 5,000 or fewer people may keep a balance in their emergency funds equal to what a 15-mill property tax could raise. If the balance goes above that, the county must stop levying a property tax for its emergency fund. (SB2222)

ENERGY RESEARCH: Bismarck State College is in line for a $5 million grant from the state Department of Commerce for construction of an applied energy research center on the BSC campus. The bill specifies that $3 of outside financing must be obtained for every $1 in state funds used for the project. (HB1350)

ETHANOL: North Dakota's ethanol manufacturers have state authorization to form an Ethanol Council to promote use of the alternative fuel. The council's operations will be financed by an assessment of 0.0003 cents per gallon of ethanol manufactured in North Dakota. (SB2350)

FAIR GRANDSTAND: North Dakota's State Fair will be getting a new, 7,000-seat grandstand. Legislators authorized $18 million in spending for the project and provided $15 million in state aid. (SB2009)

FARM WIDOW: The property tax exemption for a farm home may continue to benefit the farmer's widow if she continues living in the home after he dies. (SB2244)

GEOTHERMAL: Someone who installs geothermal heating equipment may take a state income tax credit to defray the costs. (HB1277)

GOLD STAR PLATES: Surviving relatives of a military member who is killed on active duty may request a special Gold Star license plate. (HB1414)

GUN CARRYING: Staff members of the North Dakota attorney general's office may carry firearms at public gatherings. North Dakotans who are eligible to carry firearms may do so at public gatherings in state or federal parks. (HB1351, HB1389)

HEALTH REGISTRY: North Dakota's secretary of state is receiving $100,000 to set up a state health care directive registry, which North Dakotans may use to keep a permanent record of their health care wishes should they become unable to make decisions themselves. A directive names a person who may make decisions on behalf of the incapacitated person, and states the person's preferences on medical treatment. (SB2237)

HERITAGE CENTER: North Dakota's state museum will undergo a $52 million expansion. (HB1481)

HOME SCHOOLING: Parents may home-school their children without supervision from their local school districts if they have a high school diploma or a general equivalency diploma. (HB1171)

HOMESTEAD TAX CREDIT: Eligibility for the homestead tax credit has been expanded. The credit helps low-income North Dakotans who are permanently disabled, or who are at least 65 years old, to get help paying their rent or their property taxes. Someone who has up to $26,000 in income may qualify for a partial subsidy. At present, the income limit is $17,500. The person also may have up to $75,000 in assets besides his or her home, an increase from $50,000. (SB2402)

INDIVIDUAL INCOME TAX: Lawmakers approved $90 million in individual income tax cuts over two years. The legislation reduces the tax rates on all five individual income tax brackets. The lowest rate falls from 2.1 percent to 1.84 percent, and the top rate declines from 5.54 percent to 4.86 percent. (SB2199)

INSURANCE: Insurance companies may not give bonuses or extra pay to employees based on the number of times they deny coverage, or for meeting quotas that limit the number or value of claims they approve. (SB2104)

INTERNET DRUGS: State and local law enforcement will be able to prosecute Internet pharmacies that supply narcotics without an in-person medical evaluation of the recipient. (SB2218)

IRRIGATION: Used repair parts for irrigation equipment are exempted from the 3 percent state gross receipts tax. (HB1289)

JUDGES: North Dakota's number of district judges will increase from 42 to 44. Lawmakers authorized the North Dakota Supreme Court to put one judgeship in the Northwest Judicial District, which includes Minot and Williston, and a second in the Southeast Judicial District, which includes Jamestown, Valley City and Wahpeton. (SB2121)

JURY SERVICE: Jury pay is increased from $25 to $50 daily, unless a prospective juror spends less than four hours in the courthouse on the first day of service. Should that happen, the juror will be paid $25. (SB2118)

LEGISLATIVE PAY: Lawmakers raised their own monthly salaries from $378 to $415 by July 1, 2010, and increased the pay they get during legislative sessions from $945 to $1,036 a week by July 2010. The $1,036 a week in pay will apply during the 2011 Legislature. Extra monthly pay earned by the Democratic and Republican leaders of the House and Senate will rise from $270 to $298 by July 1, 2010. (SB2001, SB2064)

LIQUOR LICENSE: An applicant for a retail liquor license no longer must be a North Dakota resident. (HB1345)

MARRIAGE NAMES: Someone who gets married may keep his or her former surname - or his or her last name at birth - as his or her new middle name, if the middle name is listed on the newly married person's marriage license. (HB1252)

MASSAGE EDUCATION: Masseuses licensed by the state Board of Massage must take at least 32 hours of continuing education courses every two years to maintain their licenses. No more than 12 hours may be taken online or by interactive video. (SB2099)

MEDICAL LOANS: The maximum state school loan repayment for a nurse practitioner, physician assistant, or certified nurse midwife who agrees to work in North Dakota for two years has been increased from $10,000 to $30,000. (SB2227)

MSU-B TO DCB: The name of Minot State University-Bottineau is being changed to Dakota College at Bottineau. (SB2389)

MORTGAGE BROKERS: North Dakota's Department of Financial Institutions will begin licensing mortgage brokers in the state. (SB2160)

MOVE OVER: Highway drivers are required to move over when passing a stopped Department of Transportation snowplow or sand truck on the interstate or a multilane highway. If a driver collides with a snowplow or sand truck, he or she may be fined up to $500 and have two penalty points put on his or her driver's license. (SB2112)

NEW HOME CONSTRUCTION: Local governments may exempt up to $150,000 of the value of a new house, condominium or town home from property taxes for up to two years. Builders also may be exempted from property taxes on newly built single-family homes for up to two years if the home isn't sold or occupied. (SB2239, SB2247)

NUDE PHOTOS: It is a crime, punishable by a year in jail and a $2,000 fine, to take and distribute a "sexually expressive" nude or seminude photo of someone without the person's consent. (HB1186)

NURSING HOMES: Individuals seeking to be licensed as nursing home administrators must undergo a criminal background check. (HB1437)

OFFICE SPACE: North Dakota's Office of Management and Budget is required to compile a report about office space used by state agencies. (SB2425)

OFF-ROADERS: Operators of snowmobiles, ATVs or other off-road vehicles may obtain either a decal or a small plate for their machines after paying a $5 license fee and a $15 "trail tax," to be used for developing riding trails and safety training programs, and for law enforcement. (SB2378)

OIL TAX TRIGGER: Newly drilled horizontal oil wells in North Dakota will pay a 7 percent state tax rate, rather than 11.5 percent, if the price of oil is less than $70 a barrel; there is less than 75,000 barrels of production from the well; or the oil produced from the well is worth less than $4.5 million. In any case, the preferential rate will last no more than 18 months after a well is completed. The tax incentive legislation expires July 1, 2012. (HB1235)

OIL TAX TRUST FUND: In November 2010, North Dakotans will decide whether to stash 30 percent of the state's oil tax collections in a "Legacy Fund." The fund would build its reserves until July 2017, after which the Legislature could spend its investment earnings. Its principal could be spent only by a two-thirds vote of the House and Senate. (HCR3054)

POWER LINES: North Dakota's Transmission Authority now has a $240 million limit on the value of bonds it may issue. (SB2376)

PRENATAL CARE: A pregnant girl who is younger than 18 may get prenatal medical care without telling her parents in the first three months of her pregnancy. In the final six months, one doctor's visit is allowed without parental consent, unless the parent can't be reached. (SB2394)

PRESIDENTIAL CAUCUSES: North Dakota will no longer regulate the presidential preference caucuses. (SB2307)

PRISON CELLS: It is a felony, punishable by five years in prison and a $5,000 fine, for an inmate at the state penitentiary or a local jail to have or use a cell phone. The same punishment applies to someone who tries to give a cell phone to an inmate. (SB2114, SB116)

PRISON CONSTRUCTION: A $64 million construction and renovation project at the North Dakota State Penitentiary in Bismarck will demolish and replace the prison's ancient east cell house, build new cells for isolating troublesome prisoners and assimilating new arrivals, and provide a new medical clinic. (SB2030)

PRISONER TRANSPORT: A North Dakota correctional officer may carry a gun when transporting another agency's prisoner if the agency requires the officer to have a weapon. (HB1237)

PRIVATE SCHOOLS: Students at North Dakota's private schools that offer programs that take two years or less to complete may take part in a state tuition assistance grant program. (SB2166)

PULL TABS: North Dakota's excise tax on pull tab gambling tickets will decline from 4.5 percent to 3 percent on July 1. (HB1317)

RAILROAD CROSSINGS: A locomotive is not required to sound its warning horn at a private railroad crossing unless someone requests it. The Public Service Commission will determine whether a railroad crossing is private or public, and is put in charge of refereeing any crossing disputes. (HB1342)

RIFLE AT 12: Youngsters as young as 12 may hunt antlerless deer during North Dakota's youth hunting season if they are accompanied by an adult hunter who does not carry a gun. (SB2165)

SERVICE ANIMALS: It is now a felony, punishable by five years in prison and a $5,000 fine, to hit, injure or kill a service animal, whether it is used by a citizen or a law enforcement officer. It is a misdemeanor, with a penalty of up to a year in prison and a $2,000 fine, to harass or taunt the animal while it is working. (SB2211)

SERVICE PAY: National Guard soldiers and airmen, when they are called to active duty, can end up being paid less than they were at their regular jobs. The Legislature approved a tax credit for employers who make up those salary and benefit reductions. It is limited to $1,000 per employee. (SB2388)

SMALL CLAIMS COURT: The limit on the amount of money that may be in dispute in a small-claims court case has increased from $5,000 to $10,000. (HB1296)

SNOWMOBILES: A snowmobiler who is riding on a state Parks and Recreation Department trail that is within a road's right of way may go in the opposite direction of the traffic on the side of the road that is closest to him. Riders on other trails must go in the same direction as the traffic. (HB1318)

SOBRIETY PROGRAM: North Dakota's attorney general may establish a statewide sobriety program that may require drivers accused of more than one drunken driving offense to submit to daily alcohol tests as a condition of their bond. (HB1306)

SPRINKLERS: A local building code may not require the installation of a sprinkler system in a single-family home or an apartment building with two or fewer units. (SB2354)

STATE EMPLOYEE PAY: North Dakota agencies were provided money to finance 5 percent pay increases for their workers on July 1 and July 1, 2010, with a minimum salary increase of $100 monthly. The legislation, however, says pay increases must be given on merit and equity grounds, rather than distributed uniformly. (HB1015)

STROKE: Beginning in January 2010, the state Health Department will have authority to designate certain hospitals as "primary stroke centers" for the treatment of strokes. (HB1339)

TAX FORM: North Dakota's ND-2 tax form has been abolished. (HB1324)

TAXING THE DEAD: Nonprofit cemeteries will be exempt from having to pay special assessments for projects that benefit their property. The Legislature also barred cities from raising special assessments on other property owners within an assessment district to make up for the revenue loss. (SB2441)

TEACHERS WHO GET FIRED: An administrative law judge is required to preside at any dismissal hearing for a public school teacher. (SB2357)

TEARDOWNS: Cities may establish liens against property to recoup their costs for demolishing, repairing or removing an unfit structure. (SB2191)

THROW THE RASCAL OUT: Local governments may remove officials whom they appoint to offices, boards or commissions for misconduct, neglect of duty or incompetence, after the person is given an opportunity for a hearing to rebut the allegations. (HB1369)

TRANSPORTATION: The Legislature's $1.35 billion budget for the state Department of Transportation includes $176 million in federal stimulus money for road construction, and more than $200 million in aid that can be distributed immediately to local governments for road repairs and emergency expenses. (SB2012)

TRUANT CONSEQUENCES: The parent of a child who refuses to attend school may be charged with a misdemeanor after the child's second truancy offense. The punishment for the parent is up to 30 days in jail and a $1,000 fine. The parent may argue in his or her defense that he or she cannot control the child and isn't to blame for the truancy. (SB2217)

TUITION: North Dakota's public colleges may not increase tuition by more than 4 percent annually without approval from a legislative interim committee called the Budget Section. Legislators approved a 26 percent increase in the two-year budget of North Dakota's university system. (SB2003)

U.S. FLAGS: North Dakota state agencies and local governments may not buy American flags that were made outside the United States. (HB1162)

URINE TESTS: It is a crime, punishable by a year in jail and a $2,000 fine, to attempt to help to defraud a urine test intended to detect drug use. (HB1244)

VACCINE: A paramedic or emergency medical technician who is working for a hospital or EMT company may give flu shots to anyone 18 or older if certain training and supervisory conditions are met. (HB1215)

VEHICLE REGISTRATION: For North Dakota drivers who renew their vehicle registrations online, the renewal receipt is evidence you've renewed on time for 15 days after the date on the receipt. (SB2148)

VETERANS HOME: Lawmakers finished providing money to build and equip a new 150-bed state Veterans Home at Lisbon. The initial spending was authorized during the 2007 Legislature, but lawmakers revisited the project after its estimated costs ballooned. The home will cost more than $32 million; its financing was spread among three separate bills. (SB2025, SB2075, SB2007)

WIND ENERGY: When considering a lease to allow wind energy companies to put turbines on their land, North Dakota property owners have the right to discuss the agreement's terms with anyone until it is signed. Then, the landowner must obey any confidentiality clause the agreement might include. Wind energy developers also are required to tell landowners that they should consult an attorney before signing anything. (HB1509)

YOUTH: Gov. John Hoeven must appoint a 21-member state Youth Council, which will draft a list of issues of interest to North Dakota's young people. (HB1463)

ZONING: North Dakota's largest cities must share zoning authority with counties between two and four miles outside their city limits. Under current law, Fargo, Bismarck, Grand Forks and Minot may extend their zoning authority up to four miles outside their boundaries. (HB1554)

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