EDUCA - North Dakota Legislative AssemblyTitle: EDUCA Created Date: 6/3/2005 2:44:18 PM

720 Chapter 136 Education

EDUCATIONCHAPTER 136

HOUSE BILL NO. 1306(Representatives Wald, Haas, N. Johnson)

(Senators Urlacher, Wardner)

STARK COUNTY LAND SALE

AN ACT to amend and reenact section 1 of chapter 188 of the 1987 Session Laws,relating to the sale of certain state lands by the board of university and schoollands to Stark County.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

SECTION 1. AMENDMENT. Section 1 of chapter 188 of the 1987 SessionLaws is amended and reenacted as follows:

SECTION 1. The board of university and school lands is authorized to selland convey the following property to Stark County, North Dakota:

A tract of land comprising approximately one hundred seventy acres, knownas the "State Second Addition", and lying in the southwest and northwestquarters of section five, township one hundred thirty-nine, range ninety-six,Stark County, North Dakota. in Section 5, Township 139 North, Range 96West of the 5th p.m., Stark County, North Dakota, more particularly describedas follows, to wit:

Beginning at the southwest corner of Section 5, an iron pin found;thence North on an azimuth of 359 degrees 59 minutes 26 seconds,272.81 feet to a point on the northerly 120 foot right-of-way line of Old U.S.Highway No. 10, and the True Point of Beginning; thence continuing Northalong the west line of said Section 5 on an azimuth of 359 degrees59 minutes 26 seconds a distance of 5020.46 feet to a point on the southerlyI-94 right-of-way fence; thence easterly along said right-of-way on an azimuthof 089 degrees 55 minutes 28 seconds a distance of 503.47 feet to thewesterly 100 foot right-of-way line of I-94 Business Loop [F-709 (1)]; thencesoutheasterly along said westerly 100 foot right-of-way line on an azimuth of155 degrees 12 minutes 00 seconds (Base Bearing) a distance of3134.12 feet to T.S. (Sta. 55+56.2); thence along a 400 foot spiral curve witha Sc 6 degree Long Chord Azimuth of 153 degrees 23 minutes, Long Chorddistance 410.27 feet to S.C. (Sta. 59+56.2); thence continuing southeasterlyalong said right-of-way on the outside of 100 foot right-of-way of a 3 degreecurve to the left on a Long Chord Azimuth of 127 degrees 57 minutes26 seconds, a Long Chord distance of 1456.57 feet (Arc Length of1490.48 feet) to the intersection of the northerly 130 foot right-of-way line ofOld U.S. Highway No. 10; thence southwesterly along said 130 footright-of-way of a 1 degree curve on a Long Chord Azimuth of 255 degrees34 minutes 52 seconds, Long Chord distance of 403.31 feet (Arc length403.40 feet), (P.C. Sta. of 438+20.1); thence southeasterly on an azimuth of163 degrees 36 minutes 32 seconds, 30 feet to a point on the northerly

721Chapter 136Education

100 foot right-of-way; thence southwesterly along said 100 foot right-of-wayon an azimuth of 253 degrees 36 minutes 32 seconds, 1420.08 feet to apoint where the right-of-way jogs from 100 feet to 120 feet; thencenorthwesterly on an azimuth of 343 degrees 36 minutes 32 seconds adistance of 20.00 feet; thence southwesterly along said 120 foot right-of-wayon an azimuth of 253 degrees 36 minutes 32 seconds a distance of1142.30 feet to the beginning of a 1 degree curve to the right(Sta. 412+57.7); thence along a Long Chord Azimuth of 255 degrees13 minutes 12 seconds a Long Chord distance of 315.45 feet (Arc Length315.50 feet) to the Point of Beginning.

Tract contains 181.8 Acres.

The property must be sold at a price agreeable to both parties but not lessthan the fair market value therof, based upon two independent appraisals. The stateshall reserve all mineral rights in and under the premises conveyed as are now heldby the state. The sale of the property to Stark County by the board of university andschool lands is deemed to be the best possible return to the state of North Dakota asprovided in section 2 of chapter 203 of the 1985 Session Laws of North Dakota.

Approved March 15, 2005Filed March 16, 2005


CHAPTER 137

SENATE BILL NO. 2097(Education Committee)

(At the request of the Board of University and School Lands)

STATE MINERAL LEASING

AN ACT to amend and reenact section 15-05-18 of the North Dakota Century Code,relating to mineral leasing activities of the board of university and schoollands.


SECTION 1. AMENDMENT. Section 15-05-18 of the North Dakota CenturyCode is amended and reenacted as follows:

15-05-18. Leases of gravel, scoria, sand, and gravel, constructionaggregate, and other construction minerals. Notwithstanding the provisions ofchapter 38-09, the board of university and school lands may enter into mineralleasing agreements for gravel, scoria, sand and gravel, road material, building stone,and construction aggregate or colloidal or other clays under rules adopted by theboard. No lease under this section may be issued by the board for less than fairmarket value, nor may any lease under this section be issued for a period of morethan five years.



CHAPTER 138

SENATE BILL NO. 2095(Political Subdivisions Committee)

(At the request of the Board of University and School Lands)

TRUST FUND PROPERTY SALE NOTICE

AN ACT to amend and reenact section 15-08-18.1 of the North Dakota CenturyCode, relating to notice to county auditors when trust fund property is sold bycontract.


SECTION 1. AMENDMENT. Section 15-08-18.1 of the North DakotaCentury Code is amended and reenacted as follows:

15-08-18.1. Taxation of public lands sold on contract - Cancellation.When real property owned by the state of North Dakota as trustee of permanentschool funds for the use and benefit thereof is sold upon contract providing for afuture conveyance, the department or office making such contract on the part of thevendor shall immediately notify the county auditor of the county wherein the realproperty is situated, of the making of the contract, the description of the real propertytherein described, and the name of the vendee. The real property must be put uponthe tax rolls of the county and assessed and the taxes must be levied thereon, basedupon its taxable value on the first day of February next succeeding the date of thecontract. Failure to notify the county auditor according to the provisions of thissection shall make the commissioner of university and school lands personally liablein a civil action to be brought by the state's attorney of the county wherein the landlies against the commissioner for the amount of the taxes that would have beenlevied had the notice been given as herein provided. In the event that the contract iscanceled by the vendor and not redeemed, the taxes must be immediately canceledand stricken from the tax rolls by the county auditor upon notice of such expiration ofthe period of redemption being given reported to the county auditor by the vendor.



CHAPTER 139

SENATE BILL NO. 2034(Legislative Council)

(Higher Education Committee)

HIGHER EDUCATION FUNDS APPROPRIATION

AN ACT to amend and reenact section 15-10-12 of the North Dakota Century Code,relating to the appropriation of higher education institutions' special revenuefunds; and to declare an emergency.



15-10-12. (Effective through June 30, 2005 2007) Board may accept giftsand bequests - Deposit and appropriation of institutional funds. Subject to thelimitations of section 15-10-12.1, the state board of higher education may receivedonations, gifts, grants, and bequests offered or tendered to or for the benefit of anyinstitution of higher education under its control or subject to its administration, and allmoneys coming into the hands of the board as donations, gifts, grants, and bequestsmust be used for the specific purpose for which they are donated or given. A specialrevenue fund, for each institution of higher education under the control of the boardor subject to its administration, must be maintained within the state treasury. All rent,interest, or income from land, money, or property, donated or granted by the UnitedStates and allocated to specific institutions of higher learning under the terms of theEnabling Act and the Constitution of North Dakota must be deposited in the specialrevenue fund of each institution and expended in accordance with section 1 of articleIX of the Constitution of North Dakota. All other funds, unless restricted by the termsof a grant, donation, or bequest, received by the institutions from federal, state, andlocal grants and contracts, indirect cost recoveries, tuition, special student fees, roomand board fees and other auxiliary enterprise fees, student activity fees, continuingeducation program fees, internal service fund revenues, and all other revenues mustbe deposited in the institution special revenue funds. The state treasurer shallimmediately transfer the funds deposited in the special revenue funds to institutionaccounts in the Bank of North Dakota. Biennial estimates of revenue andexpenditures of the other funds by source of funds must be presented at the sametime biennial budget requests for appropriations from the special revenue fund andstate general fund are prepared and submitted to the office of the budget. Paymentsfrom each institution's general fund appropriation must be made in amounts as maybe necessary for the operation and maintenance of each institution. The funds in theinstitution accounts are appropriated on a continuing basis to the state board ofhigher education. All such appropriations are subject to proration in the samemanner as other appropriations are prorated if insufficient funds are available tomeet expenditures from the general fund. Sinking funds for the payment of interestand principal of institutional revenue bonds must be deposited pursuant to section15-55-06.

(Effective after June 30, 2005 2007) Board may accept gifts andbequests - Deposit of funds. The state board of higher education may, subject tothe limitations of section 15-10-12.1, receive donations, gifts, grants, and bequestsoffered or tendered to or for the benefit of any institution of higher education under its


control or subject to its administration, and all moneys coming into the hands of theboard as donations, gifts, grants, and bequests must be used for the specific purposefor which they are donated or given. A special revenue fund, for each institution ofhigher education under the control of the board or subject to its administration, mustbe maintained within the state treasury and all institutional income from tuitioncollections must be placed in the special fund for the use of the institution for whichthe money was raised. All rent, interest, or income from land, money, or property,donated or granted by the United States and allocated to specific institutions ofhigher learning under the terms of the Enabling Act and the Constitution of NorthDakota must be deposited in the special revenue fund of each institution andexpended in accordance with section 1 of article IX of the Constitution of NorthDakota. Moneys in the special revenue fund are subject to legislative appropriations.All other funds, unless restricted by the terms of a grant, donation, or bequest,received by the institutions from federal, state, and local grants and contracts,indirect cost recoveries, special student fees, room and board fees and otherauxiliary enterprise fees, student activity fees, continuing education program fees,internal service fund revenues, and all other revenues must be deposited in theinstitution special revenue funds. The state treasurer shall immediately transfer thefunds deposited in the special revenue funds to institution accounts in the Bank ofNorth Dakota. Biennial estimates of revenue and expenditures of the other funds bysource of funds must be presented at the same time biennial budget requests forappropriations from the special revenue fund and state general fund are preparedand submitted to the office of the budget. Payments from each institution's generalfund appropriation must be made in amounts as may be necessary for the operationand maintenance of each institution, except that at the close of the biennium thebalance of funds not paid from the general fund appropriation must be deposited inthe special revenue funds of the institutions. All such appropriations are subject toproration in the same manner as other appropriations are prorated if insufficientfunds are available to meet expenditures from the general fund. Sinking funds forthe payment of interest and principal of institutional revenue bonds must bedeposited pursuant to section 15-55-06.

SECTION 2. EMERGENCY. This Act is declared to be an emergencymeasure.



CHAPTER 140

HOUSE BILL NO. 1271(Representatives R. Kelsch, Carlisle, Maragos)

(Senators Bercier, Dever, Thane)

VETERAN'S DEPENDENT TUITION WAIVERS

AN ACT to amend and reenact section 15-10-18.2 of the North Dakota CenturyCode, relating to tuition waivers for dependents of veterans.



15-10-18.2. Definitions.

1. "Dependent" for purposes of section 15-10-18.3 means any:

a. A child, stepchild, spouse, widow, or widower of a resident veteran,as "veteran" is defined in section 37-01-40, who was killed inaction or died from wounds or other service-connected causes,was totally disabled as a result of service-connected causes, diedfrom service-connected disabilities, was a prisoner of war, or wasdeclared missing in action; or

b. A child or a stepchild of a veteran, as defined in section 37-01-40,who was killed in action or died from wounds or otherservice-connected causes, was totally disabled as a result ofservice-connected causes, died from service-connecteddisabilities, was a prisoner of war, or was declared missing inaction, provided the child's other parent has been a resident of thisstate and was a resident of this state at the time of death ordetermination of total disability of the veteran.

2. "Resident veteran" means a veteran who:

a. Was born in and lived in this state until entrance into the armedforces of the United States;

b. Was born in, but was temporarily living outside this state, nothaving abandoned residence therein prior to entrance into thearmed forces of the United States;

c. Was born elsewhere but had resided within this state for at leastsix months prior to entrance into military service and had prior to orduring such six-month period:

(1) Registered for voting, or voted in this state;

(2) Being an unemancipated minor during such period ofresidence, had lived with a parent or person standing in loco


parentis who had acquired a residence as set forth in thissection; or

(3) If not registered for voting in this state, not registered forvoting in another state; or

d. Has been a resident of this state for the ten years prior to therequest for tuition waiver.



CHAPTER 141


(At the request of the State Board of Higher Education)

PUBLIC SAFETY PERSONNEL DEPENDENT TUITION

AN ACT to amend and reenact sections 15-10-18.3 and 15-10-18.5 of the NorthDakota Century Code, relating to free higher education tuition and fees fordependents of veterans and survivors of firefighters, emergency medicalservices personnel, and peace officers.



15-10-18.3. Free tuition in North Dakota institutions of higher education.Any dependent, as defined in section 15-10-18.2 upon being duly accepted forenrollment into any undergraduate degree or certificate program of a North Dakotastate-supported state institution of higher education or state-supported career andtechnical education school, must be allowed to obtain a bachelor's degree orcertificate of completion, for so long as the dependent is eligible, free of any tuitionand fee charges, except those charged to retire outstanding bonds; provided,however, that the bachelor's degree or certificate of completion is earned within athirty-six-month forty-five-month or eight-semester ten-semester period or itsequivalent; and further provided that tuition and fee charges shall not include costsfor aviation flight charges or expenses. Once a person qualifies as a dependentunder sections 15-10-18.2 and 15-10-18.3, there shall be no removal the dependentmay not be disqualified from the benefits of this section due to such an occurrenceas the return of the prisoner of war or person missing in action.


15-10-18.5. Free tuition in North Dakota institutions of higher educationfor survivor of firefighter, emergency medical services personnel, or peaceofficer. Should If a firefighter, an emergency medical services personnel as definedunder section 23-27-04.3, or a peace officer die dies as a direct result of injuriesreceived while engaged in the performance of official duties under circumstancesdangerous to human life, the survivor, upon being duly accepted for enrollment intoany undergraduate degree or certificate program of a North Dakota state-supportedstate institution of higher education or state-supported career and technicaleducation school, must be allowed to obtain a bachelor's degree or certificate ofcompletion, for so long as the dependent is eligible, free of any tuition and feecharges, except those charged to retire outstanding bonds; provided, however, thatthe bachelor's degree or certificate of completion is earned within a thirty-six-monthforty-five-month or eight-semester ten-semester period or its equivalent; and furtherprovided that tuition and fee charges may not include costs for aviation flight chargesor expenses.



CHAPTER 142



RESIDENT STUDENT FOR TUITION PURPOSES

AN ACT to amend and reenact subsection 2 of section 15-10-19.1 of the NorthDakota Century Code, relating to the definition of resident student for tuitionpurposes.


SECTION 1. AMENDMENT. Subsection 2 of section 15-10-19.1 of the NorthDakota Century Code is amended and reenacted as follows:

2. A "resident student" for tuition purposes means:

a. A person whose guardian, custodial parent, or parents are legalresidents of this state and have resided in this state for twelvemonths, or a dependent child whose custodial parent moved intothe state with the intent to establish legal residency for a period ofyears within the last twelve months immediately prior to thebeginning of the academic term;

b. A person of age eighteen or over who is a legal resident of thisstate and has resided in this state after reaching age eighteen fortwelve months immediately prior to the beginning of the academicterm;

c. A person who graduated from a North Dakota high school;

d. A full-time active duty member of the armed forces assigned to amilitary installation in this state or a member of a North Dakotanational guard unit;

e. A spouse or dependent of a full-time active duty member of thearmed forces assigned to a military installation in this state or amember of a North Dakota national guard unit or of an employee ofany institution of higher education in this state, and a spouse of anyother resident for tuition purposes; and

f. A person who was a legal resident of this state for at least threeconsecutive years within six years of the beginning of theacademic term.; or


g. A child, spouse, widow, or widower of a veteran as defined insection 37-01-40 who was killed in action or died from wounds orother service-connected causes, was totally disabled as a result ofservice-connected causes, died from service-connecteddisabilities, was a prisoner of war, or was declared missing inaction.



CHAPTER 143



TECHNOLOGY AND TEACHER LOAN PROGRAMS

AN ACT to amend and reenact sections 15-10-37 and 15-10-38 of the North DakotaCentury Code, relating to eligibility for loans under the technologyoccupations student loan program and eligibility for loan forgiveness underthe teacher shortages loan forgiveness program.



15-10-37. Technology occupations student loan program.

1. The state board of higher education shall administer a technologyoccupations student loan program that encourages college students topursue technology-based studies, to participate in technology internshipprograms, and to remain in the state after graduation. The board shalladopt rules to implement the program, including internshiprequirements, guidelines to determine which technology-related coursesof study are eligible under the program, and standards for eligibility.

2. Students Graduates of board-approved colleges may apply for thetechnology occupations student loan program. To be eligible to receivestudent loan grants under the program, the applicant:

a. Must have graduated from a board-approved college;

b. Must have successfully completed the board-approvedtechnology-related courses;

c. Must have maintained at least a 3.0 2.5 grade point average,based on a 4.0 grading system, at a board-approved college;

d. Must have actively participated in a board-approved technologyinternship with a business in the state;

e. Must have a student loan with the Bank of North Dakota or otherparticipating lender;

f. e. Following graduation must be employed in the state in aboard-approved technology occupation; and

g. f. Must have met and shall continue to meet any requirementsestablished by rule.

3. The state board of higher education shall distribute student loan grantsdirectly to the Bank of North Dakota to repay outstanding student loan


principal balances for eligible applicants. The maximum student loangrant amount for which an applicant may qualify is one thousand dollarsper twelve months of employment for a maximum of five years year anda total of five thousand dollars, or a lesser amount established by ruleadopted by the state board of higher education.


15-10-38. Loans - Teacher shortages - Loan forgiveness.

1. The state board of higher education shall administer a student loanforgiveness program for individuals teaching at grade levels or incontent areas identified as having a teacher shortage. The board shalladopt rules to implement the program.

2. The superintendent of public instruction shall annually identify the gradelevels and content areas in which a teacher shortage exists.

3. To be eligible for loan forgiveness under this section, an individual:

a. Must have been admitted as a full-time student in a teacherpreparation program, with the declared intention to teach at agrade level or in a content area identified by the superintendent ofpublic instruction as one in which a teacher shortage exists; and

b. Must have obtained a student loan.

4. An individual may receive up to one thousand dollars per year and amaximum of five thousand dollars, or a lesser amount established byrule adopted by the state board of higher education under this section.

5. The board shall consider all applications under this section inchronological order.

6. Upon notification that the individual has completed a full year ofteaching in a school district or nonpublic school in this state at a gradelevel or in a content area identified by the superintendent of publicinstruction as one in which a teacher shortage exists, the board shalldistribute funds directly to the Bank of North Dakota to repayoutstanding loan principal balances for eligible applicants.

Approved April 18, 2005Filed April 20, 2005


CHAPTER 144

HOUSE BILL NO. 1364(Representatives Grande, Iverson, Sitte)

(Senators Freborg, Hacker)

HIGHER EDUCATION INSTRUCTOR ENGLISHPROFICIENCY

AN ACT relating to English pronunciation by faculty and teaching assistants.


SECTION 1. FACULTY - ENGLISH PRONUNCIATION - POLICY -REPORT. The state board of higher education shall create a policy for all institutionsunder its control, relating to the assessment of faculty and teaching assistantcommunication skills, including the ability to speak English clearly and with goodpronunciation, the notification to students of opportunities to file complaints, theprocess for responding to student complaints, and the resolution of reportedcommunication problems. Before July 1, 2006, the state board of higher educationshall report to the legislative council regarding implementation of the policy.



CHAPTER 145

HOUSE BILL NO. 1397(Representatives Iverson, Headland, Mueller, Thoreson)

(Senators Flakoll, Klein)

VETERINARY MEDICAL EDUCATION PROGRAM

AN ACT to create and enact a new section to chapter 15-10 of the North DakotaCentury Code, relating to opportunities for the enrollment of students in aveterinary medical education program; to provide an appropriation; and toprovide for continuation of program funding.


SECTION 1. A new section to chapter 15-10 of the North Dakota CenturyCode is created and enacted as follows:

Veterinary medical education program - Kansas state university -Contract.

1. In addition to any contracts under section 15-10-28.2, the state board ofhigher education may contract with Kansas state university to providean opportunity for up to five eligible students to enroll in the veterinarymedical education program at Kansas state university.

2. Eligible students must be residents of this state and must have beenselected for enrollment by an admissions committee consisting of onefaculty member from the department of veterinary and microbiologicalsciences at North Dakota state university, one veterinarian practicing inthis state, one member of the legislative assembly, and one livestockproducer, all of whom must be appointed by the legislative council, andthe chairman of the admissions committee at the Kansas state universityschool of veterinary medicine.

3. The admissions committee shall determine the criteria to be used in theselection of eligible students, with eligible students interested in largeanimal veterinary medicine receiving a priority.

4. As a condition of selection under this program, an eligible student shallagree to practice veterinary medicine in this state for a period of threeyears upon graduation. If a student fails to fulfill the commitment forpractice in this state, the student shall repay to the state board of highereducation all moneys forwarded to or for the student under this Act, on aproportionate basis.

SECTION 2. APPROPRIATION. There is appropriated out of any moneys inthe student loan trust fund, not otherwise appropriated, the sum of $262,500, or somuch of the sum as may be necessary, to the state board of higher education for thepurpose of reducing the amount of tuition and other costs payable by or on behalf ofeligible students enrolled in the veterinary medical education program at Kansasstate university under this Act, for the biennium beginning July 1, 2005, and endingJune 30, 2007.


SECTION 3. STATE BOARD OF HIGHER EDUCATION PLAN FORCONTINUATION OF PROGRAM. The state board of higher education shall developa plan for the continuation of funding for the program established by this Act to beincluded in its 2007-09 biennium budget request from a funding source other thanthe student loan trust fund.



CHAPTER 146


(At the request of the State Board for Career and TechnicalEducation)

PRIVATE POSTSECONDARY INSTITUTIONS

AN ACT to create and enact section 15-20.4-03.1 of the North Dakota Century Code,relating to fees provided to the state board for career and technical educationfor authorizations to operate private postsecondary institutions; and to amendand reenact sections 15-20.4-04 and 15-20.4-06 and subsection 2 of section15-20.4-15 of the North Dakota Century Code, relating to authorizations tooperate private postsecondary institutions and use of false academicdegrees.


SECTION 1. Section 15-20.4-03.1 of the North Dakota Century Code iscreated and enacted as follows:

15-20.4-03.1. Authorization fee fund. There is created an authorization feefund into which fees provided to the board upon application for authorization tooperate a postsecondary educational institution under section 15-20.4-03 must bedeposited. The fund and interest earned on the fund may be spent by the boardpursuant to legislative appropriation exclusively to carry out the intent and purpose ofthis chapter. This fund is not subject to section 54-44.1-11.

SECTION 2. AMENDMENT. Section 15-20.4-04 of the North DakotaCentury Code is amended and reenacted as follows:

15-20.4-04. Minimum standards - Exceptions.

1. All postsecondary educational institutions must be accredited bynational or regional accrediting agencies recognized by the UnitedStates department of education. The board may additionally requiresuch further evidence and make such further investigation as in itsjudgment may be necessary. Any postsecondary educational institutionoperating in this state seeking its first authorization to operate may beissued a provisional authorization to operate on an annual basis untilthe institution becomes eligible for accreditation by a recognizedaccrediting agency. Upon completion of the accreditation process, theinstitution shall submit evidence of accreditation, or a substantialgood-faith showing of progress toward such status. Only uponaccreditation shall an institution become eligible for a regularauthorization to operate.

2. This section does not apply to postsecondary educational institutionsoperating in this state and enrolling ten or fewer students that do notgrant degrees and that offer mainly hands-on training in low censusoccupations, as determined by the board. "Degree" as used in thissubsection means a document that provides evidence or demonstrates


completion of a course of instruction that results in the attainment of arank or level of associate or higher.


15-20.4-06. Refund of tuition fees. Postsecondary educational institutionsshall refund tuition and other charges, other than a reasonable application fee, whenwritten notice of cancellation is given by the student in accordance with the followingschedule:

1. When notice is received prior to, or within seven days after completionof the first day of instruction, or after receipt of the first correspondencelesson by the institution, all tuition and other charges except twenty-fivedollars thereof must be refunded to the student.

2. When notice is received prior to, or within thirty days after completion ofthe first day of instruction, or prior to the completion of one-fourth of theeducational services, all tuition and other charges except twenty-fivepercent thereof must be refunded to the student.

3. When notice is received upon or after completion of one-fourth of theeducational services, but prior to the completion of one-half of theeducational services, all tuition and other charges except fifty percentthereof must be refunded to the student.

4. When notice is received upon or after the completion of fifty percent ofthe educational services, no tuition or other charges may be refunded tothe student.

The provisions of this section do not prejudice the right of any student to recovery inan action against any postsecondary educational institution for breach of contract orfraud.

SECTION 4. AMENDMENT. Subsection 2 of section 15-20.4-15 of the NorthDakota Century Code is amended and reenacted as follows:

2. a. It is unlawful for an individual to knowingly use or claim to have afalse academic degree:

(1) To obtain employment;

(2) To obtain a promotion of or higher compensation inemployment;

(3) To obtain admission to an institution of higher learning; or

(4) In connection with any business, trade, profession, oroccupation.

b. An individual who violates this subsection is guilty of a class Amisdemeanor.



CHAPTER 147

HOUSE BILL NO. 1068(Government and Veterans Affairs Committee)

(At the request of the Teachers' Fund for Retirement)

TFFR ADMINISTRATION

AN ACT to create and enact a new section to chapter 15-39.1 of the North DakotaCentury Code, relating to teachers' fund for retirement compliance with theInternal Revenue Code; and to amend and reenact subsection 9 of section15-39.1-04, subsection 4 of section 15-39.1-10, and sections 15-39.1-10.6,15-39.1-19.2, and 15-39.1-20 of the North Dakota Century Code, relating toincorporation of Internal Revenue Code changes since the last enactment ofthose provisions into state law, retired teachers returning to work, andteachers' fund for retirement compliance with the Internal Revenue Code.



9. "Salary" means a member's earnings in eligible employment under thischapter for teaching, supervisory, administrative, and extracurricularservices during a school year reported as salary on the member'sfederal income tax withholding statements plus any salary reduction orsalary deferral amounts under 26 U.S.C. 125, 132(f), 401(k), 403(b),414(h), or 457 in effect on August 1, 2005. "Salary" includes bonusamounts paid to members for performance, retention, experience, andother service-related bonuses, unless amounts are conditioned on ormade in anticipation of an individual member's retirement or termination.The annual salary of each member taken into account in determiningbenefit accruals and contributions may not exceed the annualcompensation limits established under 26 U.S.C. 401(a)(17)(B) in effecton August 1, 2005, as adjusted for increases in the cost of living inaccordance with 26 U.S.C. 401(a)(17)(B) in effect on August 1, 2005. Asalary maximum is not applicable to members whose participationbegan before July 1, 1996. "Salary" does not include:

a. Fringe benefits or side, nonwage, benefits that accompany or arein addition to a member's employment, including insuranceprograms, annuities, transportation allowances, housingallowances, meals, lodging, or expense allowances, or otherbenefits provided by a member's employer.

b. Insurance programs, including medical, dental, vision, disability,life, long-term care, workforce safety and insurance, or otherinsurance premiums or benefits.

c. Payments for unused sick leave, personal leave, vacation leave, orother unused leave.

d. Early retirement incentive pay, severance pay, or other paymentsconditioned on or made in anticipation of retirement or termination.


e. Teacher's aide pay, referee pay, busdriver pay, or janitorial pay.

f. Amounts received by a member in lieu of previouslyemployer-provided benefits or payments that are made on anindividual selection basis.

g. Recruitment bonuses.

h. Other benefits or payments not defined in subdivisions a through gwhich the board determines to be ineligible teachers' fund forretirement salary.


4. Retirement benefits must begin no later than April first of the calendaryear following the year the member attains age seventy and one-half orApril first of the calendar year following the year the member terminatescovered employment, whichever is later. Payments must be made overa period of time which does not exceed the life expectancy of themember or the joint life expectancy of the member and the beneficiary.Payment of minimum distributions must be made in accordance withsection 401(a)(9) of the Internal Revenue Code in effect on August 1,2005, and the regulations issued under that section, as applicable togovernmental plans.

SECTION 3. AMENDMENT. Section 15-39.1-10.6 of the North DakotaCentury Code is amended and reenacted as follows:

15-39.1-10.6. Benefit limitations. Benefits with respect to a memberparticipating under former chapter 15-39 or chapter 15-39.1 or 15-39.2 may notexceed the maximum benefits specified under section 415 of the Internal RevenueCode [26 U.S.C. 415] in effect on August 1, 2003 2005, for governmental plans.This section does not constitute an election under section 415(b)(10)(C) of theInternal Revenue Code [26 U.S.C. 415(b)(10)(C)] in effect on August 1, 2003 2005.


15-39.1-19.2. (Effective through July 31, 2005) Retired teachers return toactive service - Critical shortage areas and disciplines - Rules.

1. A retired teacher who is receiving a retirement annuity under chapter15-39, 15-39.1, or 15-39.2 may elect to return to teaching without losingany benefits under the provisions of this section or elect to return toteaching under the provisions of section 15-39.1-19.1. To return toteaching under this section, a retired teacher must:

a. Return to teach in a critical shortage geographical area or subjectdiscipline as determined by the education standards and practicesboard by rule; and

b. If retired after January 1, 2001, have been receiving a retirementannuity for at least one year. A retired teacher may performnoncontracted substitute teaching duties but may not engage in


full-time or part-time teaching duties during the one-yearseparation from service.

2. A retired teacher who returns to teaching under this section is notrequired to pay the employee assessment required by section15-39.1-09. A retired teacher who returns to teaching under theprovisions of this section must be treated as retired for all otherpurposes under this chapter. A retired teacher may not earn anyadditional service during the period of reemployment. The retiredteacher's benefits may not be adjusted to reflect changes in the retiredteacher's age or final average monthly salary at the end of the period ofreemployment, any optional form of payment elected under section15-39.1-16 remains effective during and after the period ofreemployment, and additional benefits normally available to an activemember, such as disability benefits, are not available to a retiredteacher reemployed under this section.


15-39.1-20. Withdrawal from fund. When a member of the fund ceases tobe eligible under the terms of this chapter to participate in the fund, the member may,after a period of one hundred twenty days, withdraw from the fund and is thenentitled to receive a refund of assessments accumulated with interest. Theone-hundred-twenty-day requirement may be waived by the board when it hasevidence the teacher will not be returning to teach in North Dakota. The refund is inlieu of any other benefits to which the member may be entitled under the terms of thischapter. The accumulated assessments of a member who ceases to be eligible toparticipate in the fund before becoming vested must be automatically refunded. Theassessments plus interest earned, if not claimed by the member, must be returned inthe fiscal year following the date of termination. The automatic refund must bewaived provided the member presents the board with a statement of intent to returnto teach in North Dakota within thirty-six months after eligibility to participate in thefund ceases. The board may waive the automatic refund for members who presentto the board a statement of intent to return to teach in North Dakota within a periodexceeding thirty-six months after eligibility to participate in the fund ceases. Amember may elect, at the time and under rules adopted by the board, to have anyportion of an eligible rollover distribution paid directly in a direct rollover to an eligibleretirement plan specified by the member as allowed under section 401(a)(31) of theInternal Revenue Code in effect on August 1, 2003 2005.

SECTION 6. A new section to chapter 15-39.1 of the North Dakota CenturyCode is created and enacted as follows:

Internal Revenue Code compliance. The board shall administer the plan incompliance with section 415, section 401(a)(9), section 401(a)(17), and section401(a)(31) of the Internal Revenue Code and regulations adopted pursuant to thoseprovisions as they apply to governmental plans.



CHAPTER 148

HOUSE BILL NO. 1360(Representatives Haas, Herbel, Horter)

(Senators Hacker, Wardner)

PART-TIME STUDENT LOANS

AN ACT to amend and reenact sections 15-62.1-02 and 15-62.1-05 of the NorthDakota Century Code, relating to loans for part-time students and loanguarantee funds.



15-62.1-02. Powers and duties of the agency. The agency has thefollowing powers and duties under this chapter:

1. To guarantee all loans which satisfy the requirements set forth in title IV,part B, of the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.;Pub. L. 89-329; 79 Stat. 1236; Pub. L. 99-498; 100 Stat. 1353; Pub.L. 105-244; 112 Stat. 1581], as amended through December 31, 1998,upon terms, conditions, and application procedures commensurate withthe federal Higher Education Act of 1965 [20 U.S.C. 1001 et seq.;Pub. L. 89-329; 79 Stat. 1236; Pub. L. 99-498; 100 Stat. 1353;Pub. L. 105-244; 112 Stat. 1581], as amended through December 31,1998, if federal coinsurance of student loans guaranteed by the agencyis available. If at any time the agency determines that student loansmade under the terms and conditions of federal coinsurance programsare no longer adequately serving the needs of North Dakota studentsattending postsecondary institutions, or if federal coinsurance is nolonger available, the agency shall notify the industrial commission or itsdesignee. Upon approval of the industrial commission or its designee,the agency shall guarantee student loans without federal coinsurancepursuant to rules made by the agency relating to terms for applicanteligibility in accordance with the provisions of this chapter. Studentswhose loans are guaranteed by the agency must be students who havebeen accepted for enrollment or are attending eligible postsecondaryinstitutions located within or without outside this state, and whose loansare for the purpose of assisting them in meeting their expenses ofpostsecondary education. Students who are accepted for enrollment orare attending eligible proprietary or postsecondary institutions of highereducation on at least a half-time basis, as determined by the institutions,are eligible to have loans guaranteed by the agency. The agency shall,by rule, establish minimum qualifications for a person to be deemed apart-time student for purposes of this chapter.

2. To take, hold, expend, and administer, on behalf of the state from anysource any real property, personal property and moneys, or any interesttherein, and the income therefrom, either absolutely or in trust, for anypurpose of the guarantee loan program; provided, that no guaranteeobligation of the agency may be a general obligation of the state of


North Dakota, nor may be payable out of any moneys except thosemade available to the agency under this chapter. Nothing in thischapter may be construed to authorize the agency to borrow funds forany use relating to the administration of the state guarantee loanprograms.


15-62.1-05. Establishment and maintenance of adequate guaranteefunds - Appropriation. The agency may enter into an agreement with the federalgovernment for the coinsurance of loans guaranteed under this program. Theagency shall establish and at all times maintain from funds appropriated under thischapter adequate guarantee reserve funds in special accounts in the Bank of NorthDakota unless required by title IV, part B, of the Higher Education Act of 1965[Pub. L. 89-329; 79 Stat. 1236; Pub. L. 99-498; 100 Stat. 1353; Pub. L. 105-244;112 Stat. 1581; 20 U.S.C. 1001 et seq.], as amended through December 31, 1998,to be invested elsewhere. The fund for loans which that are coinsured by the federalgovernment must be maintained at a minimum amount equal to the requirements setforth in title IV, part B, of the Higher Education Act of 1965 [Pub. L. 89-329; 79 Stat.1236; Pub. L. 99-498; 100 Stat. 1353; Pub. L. 105-244; 112 Stat. 1581; 20 U.S.C.1001 et seq.], as amended through December 31, 1998. The fund for loans whichthat are not coinsured by the federal government may not be less than one-tenth ofthe dollar value of the unpaid principal balance of the loans will be determined by theagency but may be no less than the Bank of North Dakota historical default rate.Funds appropriated under this chapter and designated as guarantee agency reservefunds for loans that are not coinsured by the federal government must beadministered separately and segregated from reserve funds for loans that arecoinsured by the federal government. The securities in which the moneys in thereserve funds may be invested must meet the same requirements as thoseauthorized for investment under the state investment board. The income from suchinvestments must be made available for the costs of administering the respectiveguarantee loan programs and income in excess of that required to pay the cost ofadministering the programs must be deposited in the respective reserve fund thatcorresponds to the source of the initial invested funds. The proceeds of reservefunds received from federal, state, or private sources, for the purpose ofguaranteeing loans made to students as provided in this chapter, are herebyappropriated as a continuing appropriation for the payment of defaulted loansguaranteed by each respective fund.



CHAPTER 149

SENATE BILL NO. 2064(Senators Lyson, Holmberg)

STATE SCHOLARSHIP APPLICANTS

AN ACT to amend and reenact sections 15-62.2-00.1 and 15-62.2-03.3 of the NorthDakota Century Code, relating to applicants for state scholarships.



15-62.2-00.1. Definitions. As used in this chapter, unless the contextotherwise requires:

1. "Eligible candidate Applicant" means a graduate of an individual whohas graduated from a high school in this state or who is a resident ofthis state for tuition purposes, and whose assessment composite scoreson the test of academic achievement administered by the Americancollege testing program ACT, Inc., place the student individual in atleast the ninety-fifth percentile of all students taking the test by July firstof the year preceding the year in which the student is applying for ascholarship, and who ranks in the upper twentieth percentile of thestudent's high school class individual is enrolled as a full-time residentstudent in an eligible institution.

2. "Eligible institution" means an accredited public or nonprofit privatepostsecondary institution in this state.

3. "Full-time resident student" means a person who is a graduate of anindividual who has graduated from a high school in this state or who is aresident of this state for tuition purposes, and who is enrolled at aneligible institution carrying a course of study which is "full time" asdefined by the eligible institution.

4. "High school class rank" means the position a scholarship candidateholds in the candidate's graduating class, as determined by the stateboard of higher education.

5. "Scholar" means a full-time resident student who is awarded ascholarship or who has previously received a scholarship.

6. 5. "Scholarship" means a financial award granted to a state scholar asdetermined by this chapter.


15-62.2-03.3. Selection of scholars.


1. All eligible candidates applicants must be ranked by their compositescores on the test of academic achievement administered by theAmerican college testing program ACT, Inc.

2. If two or more eligible students applicants have the same compositescores, they must be ranked by the numeric sum of the four scalescores on the test of academic achievement administered by theAmerican college testing program ACT, Inc.

3. If two or more eligible students applicants have the same compositescores and the same numeric sum of the four scale scores, they mustbe ranked by their high school class rank calculated on a percentilebasis the numeric sum of their English and mathematics scores.

4. The state board of higher education may establish additional criteria torank applicants who have the same numeric sum of their English andmathematics scores.

5. Scholarships must be offered to students applicants in descendingorder according to this ranking until available funds have beenexpended or until the pool of eligible applicants has been exhausted.



CHAPTER 150



STUDENT FINANCIAL ASSISTANCE PROGRAMGRANTS

AN ACT to amend and reenact subsection 2 of section 15-62.2-02 of the NorthDakota Century Code, relating to the maximum amount for student financialassistance program grants; and to provide for a study of state educationgrants.



2. Determine the amount of individual grants, but not to exceed sixhundred one thousand dollars per recipient per academic year underthe North Dakota student financial assistance program.

SECTION 2. STUDY OF EDUCATION GRANTS. The state grant advisoryboard and state board of higher education are urged to study and consider thefeasibility of providing an increasing, incremental, dollar amount of state grantawards to students who demonstrate the most significant financial need, withoutnegatively impacting student eligibility of funding from other financial aid sources.



CHAPTER 151

SENATE BILL NO. 2032(Legislative Council)

(Economic Development Committee)

BUSINESS INITIATIVES AND ECONOMICDEVELOPMENT

AN ACT to create and enact a new chapter to title 15, a new section to chapter54-44.4, and a new section to chapter 57-38.5 of the North Dakota CenturyCode, relating to a centers of excellence program, an office of managementand budget procurement information program, and seed capital investmenttax credit treatment of investments in excess of caps on credits; to amendand reenact sections 6-09-15, 10-04-05, 10-30.5-04, and 54-16-01,subsection 1 of section 57-38-01.2, subsection 1 of section 57-38-71, andsections 57-38.5-01, 57-38.5-02, 57-38.5-03, 57-38.5-04, and 57-38.5-05 ofthe North Dakota Century Code, relating to the authority of the Bank of NorthDakota to invest funds, cross-references affected by the repeal of the venturecapital corporation law, the authority of the North Dakota development fund toinvest and manage funds, emergency commission membership, and theseed capital investment tax credit; to repeal chapters 10-30.1 and 10-30.2and section 15-10-41 of the North Dakota Century Code, relating to venturecapital corporations, the Myron G. Nelson Fund, Incorporated, and thecenters of excellence program; to provide for state agency studies, reports tothe legislative council, and legislative council studies; to provide an effectivedate; and to provide an expiration date.



6-09-15. (Effective through July 31, 2007 2009) Powers. The Bank ofNorth Dakota may:

1. Make, purchase, guarantee, or hold loans:

a. To state or federally chartered lending agencies or institutions, orany other financial institutions.

b. To holders of Bank of North Dakota certificates of deposit andsavings accounts up to ninety percent of the value of thecertificates and savings accounts offered as security.

c. To actual farmers who are residents of this state, if the loans aresecured by recorded mortgages giving the Bank of North Dakota afirst lien on real estate in North Dakota in amounts not to exceedeighty percent of the value of the security.

d. That are insured or guaranteed in whole or in part by the UnitedStates, its agencies, or instrumentalities.


e. That are eligible to be guaranteed under chapter 15-62.1. Loansmade pursuant to this subdivision may provide for interest thatremains unpaid at the end of any period specified in the loan to beadded to the principal amount of the debt and thereafteraccumulate interest.

f. To individuals or bank holding companies for the purpose ofpurchasing or refinancing the purchase of bank stock of a banklocated in the state.

g. To nonprofit organizations that are exempt from federal taxationunder section 501(c)(3) of the Internal Revenue Code [26 U.S.C.501(c)(3)], the proceeds of the loans to be used for construction,reconstruction, repair, renovation, maintenance, and associatedcosts on property under the control of the parks and recreationdepartment.

h. Under Public Law No. 99-198 [99 Stat. 1534; 7 U.S.C. 1932et seq.], as amended through December 31, 1996, to nonprofitcorporations for the purpose of relending loan funds to ruralbusinesses.

i. Under title 7, Code of Federal Regulations, part 1948, subpart C;part 1951, subparts F and R; and part 1955, subparts A, B, and C,as amended through December 31, 1996, to finance businessesand community development projects in rural areas.

j. Obtained as security pledged for or originated in the restructuringof any other loan properly originated or participated in by the Bank.

k. To instrumentalities of this state.

l. As otherwise provided by this chapter or other statutes.

m. If the Bank is participating in the loan and the Bank deems it is inthe best interests of the Bank to do so, it may purchase theremaining portion of the loan from a participating lender that isclosed by regulatory action, or from the receiver of the participatinglender's assets.

n. To an investment company created for completing a trust preferredsecurities transaction for the benefit of a financial institution locatedin this state.

2. Make agricultural real estate loans in order to participate in theagricultural mortgage secondary market program established pursuantto the Agricultural Credit Act [Pub. L. 100-233; 101 Stat. 1686; 12 U.S.C.2279aa-2279aa-14], as amended through December 31, 1996.

3. Purchase participation interests in loans made or held by banks, bankholding companies, state or federally chartered lending agencies orinstitutions, any other financial institutions, or any other entity thatprovides financial services and that meets underwriting standards thatare generally accepted by state or federal financial regulatory agencies.

4. Invest its funds:


a. In conformity with policies of the industrial commission.

b. In a public venture capital corporation organized and doingbusiness in this state through the purchase of shares of stock.

c. In North Dakota alternative and venture capital investments andearly-stage capital funds including the North Dakota developmentfund, incorporated, not to exceed five ten million dollars, for thepurpose of providing funds for investment in North Dakotaalternative and venture capital investments and early-stage capitalfunds. The Bank may allow for third-party management of thefunds invested under this subdivision if the management isprovided by North Dakota development fund, incorporated, or athird party that is located in the state and that has demonstratedfund management experience.

5. Buy and sell federal funds.

6. Lease, assign, exchange, transfer, convey, grant, pledge, or mortgageall real and personal property, title to which has been acquired in anymanner.

7. Acquire real or personal property or property rights by purchase, lease,or the exercise of the right of eminent domain and may construct,remodel, and repair buildings.

8. Receive deposits from any source and deposit its funds in any bank orother financial institution.

9. Perform all acts and do all things necessary, convenient, advisable, ordesirable to carry out the powers expressly granted or necessarilyimplied in this chapter through or by means of its president, officers,agents, or employees or by contracts with any person, firm, orcorporation.

10. Purchase mortgage loans on residential real property originated byfinancial institutions.

(Effective after July 31, 2007 2009) Powers. The Bank of North Dakotamay:

1. Make, purchase, or hold loans:

a. To state or federally chartered lending agencies or institutions, orany other financial institutions.

b. To holders of Bank of North Dakota certificates of deposit andsavings accounts up to ninety percent of the value of thecertificates and savings accounts offered as security.

c. To actual farmers who are residents of this state, if the loans aresecured by recorded mortgages giving the Bank of North Dakota afirst lien on real estate in North Dakota in amounts not to exceedeighty percent of the value of the security.


d. That are insured or guaranteed in whole or in part by the UnitedStates, its agencies, or instrumentalities.

e. That are eligible to be guaranteed under chapter 15-62.1. Loansmade pursuant to this subdivision may provide for interest thatremains unpaid at the end of any period specified in the loan to beadded to the principal amount of the debt and thereafteraccumulate interest.

f. To individuals or bank holding companies for the purpose ofpurchasing or refinancing the purchase of bank stock of a banklocated in the state.

g. To nonprofit organizations that are exempt from federal taxationunder section 501(c)(3) of the Internal Revenue Code [26 U.S.C.501(c)(3)], the proceeds of the loans to be used for construction,reconstruction, repair, renovation, maintenance, and associatedcosts on property under the control of the parks and recreationdepartment.

h. Under Public Law No. 99-198 [99 Stat. 1534; 7 U.S.C. 1932et seq.], as amended through December 31, 1996, to nonprofitcorporations for the purpose of relending loan funds to ruralbusinesses.

i. Under title 7, Code of Federal Regulations, part 1948, subpart C;part 1951, subparts F and R; and part 1955, subparts A, B, and C,as amended through December 31, 1996, to finance businessesand community development projects in rural areas.

j. Obtained as security pledged for or originated in the restructuringof any other loan properly originated or participated in by the Bank.

k. To instrumentalities of this state.

l. As otherwise provided by this chapter or other statutes.

m. If the Bank is participating in the loan and the Bank deems it is inthe best interests of the Bank to do so, it may purchase theremaining portion of the loan from a participating lender that isclosed by regulatory action, or from the receiver of the participatinglender's assets.

n. To an investment company created for completing a trust preferredsecurities transaction for the benefit of a financial institution locatedin this state.

2. Make agricultural real estate loans in order to participate in theagricultural mortgage secondary market program established pursuantto the Agricultural Credit Act [Pub. L. 100-233; 101 Stat. 1686; 12 U.S.C.2279aa-2279aa-14], as amended through December 31, 1996.

3. Purchase participation interests in loans made or held by banks, bankholding companies, state or federally chartered lending agencies orinstitutions, any other financial institutions, or any other entity that


provides financial services and that meets underwriting standards thatare generally accepted by state or federal financial regulatory agencies.

4. Invest its funds:

a. In conformity with policies of the industrial commission.

b. In a public venture capital corporation organized and doingbusiness in this state through the purchase of shares of stock.

5. Buy and sell federal funds.

6. Lease, assign, exchange, transfer, convey, grant, pledge, or mortgageall real and personal property, title to which has been acquired in anymanner.

7. Acquire real or personal property or property rights by purchase, lease,or the exercise of the right of eminent domain and may construct,remodel, and repair buildings.

8. Receive deposits from any source and deposit its funds in any bank orother financial institution.

9. Perform all acts and do all things necessary, convenient, advisable, ordesirable to carry out the powers expressly granted or necessarilyimplied in this chapter through or by means of its president, officers,agents, or employees or by contracts with any person, firm, orcorporation.

10. Purchase mortgage loans on residential real property originated byfinancial institutions.

97 SECTION 2. AMENDMENT. Section 10-04-05 of the North Dakota CenturyCode is amended and reenacted as follows:

10-04-05. Exempt securities. Sections 10-04-04, 10-04-07, 10-04-07.1,10-04-08, and 10-04-08.4 do not apply to any of the following securities:

1. Securities issued or guaranteed by the United States of America, or byany state, territory, or insular possession thereof, or by any politicalsubdivision of any such state, territory, or insular possession, or by theDistrict of Columbia, or by any public agency or instrumentality of one ormore of any of the foregoing, or payable from assessments forimprovements or revenues of publicly owned utilities therein; or acertificate of deposit for any of the foregoing, but this exemption doesnot include any security payable solely from revenues to be receivedfrom a nongovernmental industrial or commercial enterprise unless thesecurity is insured or unconditionally guaranteed by, or the revenues arederived from, a person whose securities are exempt from registrationunder this section.

97 Section 10-04-05 was also amended by section 3 of House Bill No. 1176,chapter 97.


2. Securities issued by and representing an interest in or a debt of, orguaranteed by, a national bank or a national bank and trust company orbank or credit or loan or savings association or savings and loanassociation or credit union organized pursuant to an Act of Congressand supervised by the United States, or any agency thereof, or issued orguaranteed as to both principal and interest by an international bank ofwhich the United States is a member, or issued by and representing aninterest in or a debt of, or guaranteed by, a state bank, trust company,savings bank, savings institution, or credit union organized andsupervised under the laws of any state, and securities of any personsubject to examination by the commissioner of financial institutions ofNorth Dakota.

3. Securities issued by a building and loan association subject tosupervision by an agency of the state of North Dakota, or policycontracts, including variable annuity contracts, of an insurance companysubject to supervision by an agency of the state of North Dakota.

4. Securities issued or guaranteed as to principal, interest, or dividends bya corporation or limited liability company owning or operating a railroador other public service utility, if the corporation or limited liabilitycompany is subject to regulation or supervision either as to its rates andcharges or as to the issue of its securities by a public servicecommission, or by a board, body, or official having like powers, of theUnited States or of any state, territory, or insular possession thereof, orof any municipality located therein, or of the District of Columbia, or ofthe Dominion of Canada, or any province thereof.

5. Any security issued by any person organized and operated not forprivate profit but exclusively for religious, educational, benevolent,fraternal, charitable, social, or reformatory purposes; provided that priorto any offer of such security each person must meet the followingconditions:

a. Apply for and obtain the written approval of the commissioner.

b. File an application, offering disclosure document, and pay anonrefundable filing fee of one hundred fifty dollars, whichdocument and fee must accompany the application.

c. File a notice identifying the basis of its qualification under thisexemption with such additional information as the commissionermay require.

d. Provide a copy of the offering disclosure document to each personto whom an offer to sell or sale is made.

The approval is effective for a period of one year from the date ofapproval. At least thirty days prior to the expiration date, there must befiled an application, offering disclosure document, and a nonrefundablefee of one hundred dollars for the renewal of the filing for additionalperiods of one year.

6. Any note, draft, bill of exchange, or bankers' acceptance which arisesout of a current transaction or the proceeds of which have been or are tobe used for current transactions, is not the subject of a public offering, is


prime quality negotiable commercial paper which has at the time ofissuance a definite maturity of not exceeding nine months, is payable incash only, and is not convertible into and does not carry an option orright to receive payment or any bonus in any other security.

7. Securities, other than common stock, providing for a fixed return, whichhave been outstanding and in the hands of the public for not less thanfive years and upon which no default has occurred during the five yearsnext preceding the date of sale.

8. Securities, including patronage dividends or refunds, issued by anycooperative organized under the statutes of this state.

9. Any equipment security based on a chattel mortgage, lease, oragreement for the conditional sale of cars, motive power, or other rollingstock mortgaged, leased, sold to, or furnished for the use of a railroad orother public service utility corporation or limited liability company, andany equipment security when the ownership of or title to such equipmentis pledged or retained in accordance with the provisions of the laws ofthe United States or of any state thereof, or of the Dominion of Canada,to secure the payments of such equipment security whether it be anequipment trust certificate, bond, or note.

10. Any bond, note, or other evidence of debt issued by a holdingcorporation or limited liability company and secured by collateralconsisting of any of the securities described in subsections 4 and 9, ifthe collateral securities equal in fair value at least one hundredtwenty-five percent of the par value of the bonds, notes, or otherevidences of debts secured thereby.

11. The execution of orders for purchase of securities by a registered dealerprovided such dealer acts as agent for the purchaser, has made nosolicitation of the order to purchase such securities, has no directmaterial interest in the sale or distribution of the securities ordered,receives no commission, profit, or other compensation other than thecommissions involved in the purchase and sale of the securities anddelivery to the purchaser of written confirmation of the order whichclearly itemizes the commissions paid to the registered dealer. Clearand complete records of all transactions exempted under thissubsection shall be maintained by the registered dealer or broker.

12. Any security issued by a venture capital corporation or limited liabilitycompany organized under and operating in compliance with chapter10-30.1; provided that prior to any offer of such security, the issuer mustmeet the following conditions:

a. Apply for and obtain written approval by the commissioner.

b. File an application, offering disclosure document, and pay anonrefundable filing fee of one hundred fifty dollars. The documentand fee must accompany the application.

c. File such additional information as the commissioner requires byrule or order or may subsequently request.


d. Provide a copy of the offering disclosure document to each personto whom an offer to sell or sale is made.

e. Not use public advertising matter or general solicitation, excepttombstone advertisements approved by the commissioner, inconnection with any offer or sale.

f. File a report of all offers and sales made in this state within thirtydays after the completion of the offering.

The approval is effective for a period of one year from the date ofapproval. There must be filed, at least thirty days prior to the expirationdate, an application, disclosure document, and a nonrefundable fee ofone hundred dollars for the renewal of the filing for additional periods ofone year.

13. Any security issued or guaranteed by Canada, any Canadian province,any political subdivision of any such province, or any agency orcorporate or other instrumentality of one or more of the foregoing, or anyother foreign government with which the United States currentlymaintains diplomatic relations, if the security is recognized as a validobligation by the issuer or guarantor. This exemption does not includeany security payable solely from revenues to be received from anongovernmental industrial or commercial enterprise.

14. 13. a. Any security, other than a security that is a federal covered securitypursuant to section 18(b)(1) of the Securities Act of 1933 andtherefore not subject to any filing or registration requirementsunder this chapter, listed or designated, or approved for listing ordesignation upon notice of issuance on:

(1) The New York stock exchange;

(2) The American stock exchange;

(3) The national association of securities dealers automatedquotation national market system;

(4) Tier I of the Philadelphia stock exchange;

(5) Tier I of the Pacific stock exchange;

(6) Chicago board options exchange; or

(7) Any other stock exchange or automated quotation systemwhich the commissioner approves by rule;

b. Any other security of the same issuer which is of senior orsubstantially equal rank;

c. Any security called for by subscription rights or warrants so listedor approved; or

d. Any warrant or right to purchase or subscribe to any of theforegoing.


The commissioner may withdraw this exemption by order as to anyexchange or system, or any particular security, if the commissionerdetermines that it would be in the public interest.

15. 14. Securities issued by the North Dakota education association dues credittrust to members of the North Dakota education association.


10-30.5-04. (Effective through July 31, 2007 2009) Powers. Thecorporation must be organized as a nonprofit corporation. In addition to the powersin chapter 10-33, the corporation may:

1. Cooperate and contract with any private or public entity.

2. Receive appropriations from the legislative assembly and other publicmoneys as well as contributions from other private or publiccontributors.

3. Borrow funds not to exceed five ten million dollars from the Bank ofNorth Dakota for the purpose of investing in North Dakota alternativeand venture capital investments and early-stage capital funds. Thecorporation may provide management services for the Bank'salternative and venture capital investments and early-stage capitalfunds.

(Effective after July 31, 2007 2009) Powers. The corporation must beorganized as a nonprofit corporation. In addition to the powers in chapter 10-33, thecorporation may:

1. Cooperate and contract with any private or public entity.

2. Receive appropriations from the legislative assembly and other publicmoneys as well as contributions from other private or publiccontributors.

SECTION 4. A new chapter to title 15 of the North Dakota Century Code iscreated and enacted as follows:

Definitions. In this chapter, unless the context otherwise requires:

1. "Board" means the state board of higher education.

2. "Center" means a center of excellence relating to economicdevelopment which has been designated or named under this chapter.

3. "Commission" means the centers of excellence commission.

4. "Foundation" means the North Dakota economic developmentfoundation.

5. "Industry cluster" means one of the following industries:

a. Advanced manufacturing;


b. Energy;

c. Information and technology;

d. Tourism;

e. Value-added agriculture; or

f. An industry, including the aerospace industry, specifically identifiedby the department of commerce as an industry that will contributeto the gross state product.

Centers of excellence.

1. The board shall establish a centers of excellence program relating toeconomic development. Through the program the commission shallmake funding award recommendations for commission-approvedapplications to the board, the foundation, and the budget section of thelegislative council. A center must be an institution of higher educationunder the control of the board or a nonprofit university-related orcollege-related foundation of an institution of higher education under thecontrol of the board. In order to be considered for center designation,the institution of higher education or nonprofit foundation must beworking in partnership with the private sector. In addition to any centerdesignated under this chapter, the North Dakota state university centerfor technology enterprise and the university of North Dakota center forinnovation are centers.

2. A commission funding award recommendation must be for a specifiedamount. Designation of a center occurs upon board, foundation, andbudget section approval of a commission funding awardrecommendation. In considering whether to designate a center, theboard, foundation, and budget section may not modify the commissionrecommendation. The budget section may not make a determination ofwhether to approve or reject a commission funding awardrecommendation until the emergency commission reviews thecommission recommendation and makes a recommendation to thebudget section.

3. A center that receives funds distributed under this chapter is notqualified to receive subsequent designations as a center until thebiennium following the center's most recent designation.

4. The board rules adopted under subsection 9 of section 15-10-17,relating to ownership of intellectual property, inventions, anddiscoveries, must address activities and issues unique to centers.

Centers of excellence commission. The centers of excellence commissionconsists of six members. The foundation shall appoint three of the foundation'smembers to serve on the commission and the board shall appoint three of theboard's members to serve on the commission. The commission members shalldesignate a chairman and a vice chairman of the commission. Each member of thecommission shall serve for a term of three years, beginning July first; may bereappointed for additional terms; and serves at the pleasure of the appointing entity.If a commission member ceases to serve as a member of the appointing entity, thatmember's membership on the commission ceases immediately and the appointing


entity shall appoint a new member for the remainder of the term. Terms of initialcommission members begin on the effective date of this Act and must be staggered.On a meeting-by-meeting basis, an appointing entity may substitute a member of thatappointing entity to serve in place of one of the regular members appointed by thatentity. If the commission chairman and vice chairman are not present at a meeting,the commission members present at that meeting shall select a commission memberto serve as chairman for that meeting. A commission member may receivecompensation and travel and expense reimbursement from the appointing entity.The board shall provide the commission with appropriate staff services as may berequested by the commission.

Application - Eligibility requirements.

1. The board shall provide center application forms, accept applications,review applications for completeness and compliance with board policy,and forward complete applications to the commission in accordancewith guidelines established by the commission.

2. The commission shall meet as necessary to review all completeapplications; approve or disapprove complete applications; makefunding award recommendations for commission-approved proposedcenters; direct the office of management and budget to distribute fundsto the centers; monitor centers for compliance with award requirements;and review changes in assertions made in center applications.

3. In considering whether to approve or disapprove an application, thecommission shall consider whether the center will:

a. Use university or college research to promote private sector jobgrowth and expansion of knowledge-based industries or useuniversity or college research to promote the development of newproducts, high-tech companies, or skilled jobs in this state;

b. Create high-value private sector employment opportunities in thisstate;

c. Provide for public-private sector involvement and partnerships;

d. Leverage other funding;

e. Increase research and development activities that may involvefederal funding from the national science foundation experimentalprogram to stimulate competitive research;

f. Foster and practice entrepreneurship;

g. Promote the commercialization of new products and services inindustry clusters;

h. Become financially self-sustaining; and

i. Establish and meet a deadline for acquiring and expending allpublic and private funds specified in the application.

Use of funds - Terms of funds - Distribution of funds.


1. A center shall use funds awarded under this chapter to enhancecapacity; enhance infrastructure; and leverage state, federal, andprivate sources of funding. A center awarded funds under this chaptermay not use the funds to supplant funding for current operations oracademic instructions or to pay indirect costs.

2. As a condition for receipt of funds under this chapter, a center shallagree to provide the board, foundation, and budget section of thelegislative council with annual audits on all funds distributed to thecenter under this chapter. The annual audits must be provided until thecompletion of four years following the final distribution of funds underthis chapter.

3. Before the commission directs the office of management and budget todistribute funds awarded under this chapter, the center shall provide thecommission with detailed documentation of private sector participationand the availability of two dollars of matching funds for each dollar ofstate funds to be distributed under this chapter. The matching fundsmay include funds facilitated through the collaboration of the privatesector participants with other funding entities. The matching funds mayinclude a combination of cash and in-kind assets with itemized value.Private sector participation may be established through equityinvestments or through contracts for services with private sector entities.In making funding recommendations and designation determinations,the commission, board, foundation, and budget section shall give majorconsideration to the portion of the matching funds provided in cash bythe private sector.

4. If, before funds are distributed by the office of management and budget,a center undergoes a change in the terms of or assertions made in itsapplication, the commission may direct that the office of managementand budget withhold all or a portion of any undistributed funds pendingcommission review of the changes.


54-16-01. Emergency commission - Members - Organization - Quorum -Meetings. The emergency commission consists of the governor, the chairmanmajority leaders of the senate and house of representatives of the legislative councilassembly, the secretary of state, and the chairmen of the senate and house ofrepresentatives appropriations committees. If the chairman of an appropriationscommittee ceases to be a member of the legislative assembly, the vice chairman ofthat committee succeeds to that position on the commission. An appropriationscommittee vice chairman may serve in the place of the appropriations committeechairman as a member of the commission at the request of the appropriateappropriations committee chairman, if the appropriations committee chairman isunable to attend a commission meeting. The vice chairman of the legislative councilIf a majority leader ceases to be a member of the legislative assembly, the respectivehouse's assistant majority leader succeeds to that position on the commission. Amajority leader's assistant majority leader may serve as a member of the commissionin the place of the chairman of the legislative council majority leader at the request ofthe chairman of the legislative council majority leader if that individual majorityleader is serving on the commission in another capacity or is unable to attend acommission meeting. Four members of the commission constitute a quorum. The


governor is the chairman and the secretary of state is the secretary of thecommission. The commission shall meet at the call of the chairman.


Procurement information - Web site.

1. The office of management and budget shall establish and maintain aprocurement information web site on the internet. This procurementinformation web site must provide current information regarding NorthDakota government procurement opportunities in order to informpotential vendors of the commodities and services sought by stateagencies and institutions. Notwithstanding section 54-44.4-09, for eachpurchase of services or commodities over the amount established forsmall purchases, the office of management and budget and everypurchasing agency shall provide procurement information on the website. The time period and manner of providing procurement informationon the web site must be in accordance with rules adopted by the officeof management and budget. The office of management and budgetmay contract with a third party to assist in providing or maintaining theprocurement information web site.

2. A state agency or institution may elect to use the procurementinformation web site for the purchase of services and commodities thatare not subject to the procurement requirements of this chapter,including:

a. Commodities and services exempted under section 54-44.4-02;

b. Public improvements under title 48;

c. Architect, engineer, construction management, and land surveyingservices under chapter 54-44.7; and

d. Concessions under chapter 48-09.

98 SECTION 7. AMENDMENT. Subsection 1 of section 57-38-01.2 of the NorthDakota Century Code is amended and reenacted as follows:

1. The taxable income of an individual, estate, or trust as computedpursuant to the provisions of the United States Internal Revenue Codeof 1954, as amended, shall be:

a. Reduced by any interest received from obligations of the UnitedStates that is included in taxable income or in the computationthereof on the federal return.

98 Section 57-38-01.2 was also amended by section 1 of House Bill No. 1474,chapter 558, section 1 of Senate Bill No. 2362, chapter 557, and section 2 ofSenate Bill No. 2391, chapter 560.


b. Reduced by any other income included in the taxable income, or inthe computation thereof, on the federal return which is exempt fromtaxation by this state because of the provisions of the Constitutionof North Dakota or the Constitution of the United States.

c. Reduced by the amount of federal income tax liability, but notsocial security and self-employment taxes, as computed underchapter 1 of the Internal Revenue Code of 1954, as amended, forthe same taxable year for which the North Dakota return is beingfiled, to the extent that such taxes are computed upon incomewhich becomes a part of the North Dakota taxable income.Provided, that no adjustment to federal income taxes, paid oraccrued, is required because of allowable deductions to federaltaxable income made under the cost recovery provisions ofsubdivision b of subsection 5 of section 57-38-01. However, suchfederal income tax liability must be reduced by all credits thereonexcept credits for federal income tax withholding payments,estimates of federal income tax, and income taxes of foreigncountries. Federal income taxes for prior periods assessed againstthe taxpayer by reason of audit or other adjustment by the internalrevenue service, or voluntary disclosure by the taxpayer, are notdeductible except in the period in which income so taxed wasreported or reportable or in which an adjustment was required butonly after an adjustment is made by or with the office of the statetax commissioner. A refund of federal income tax must be reportedand included in North Dakota taxable income in the year in whichthe tax was originally deducted.

d. (1) Reduced by three hundred dollars if the return filed is a jointreturn by husband and wife. If separate returns are filed byhusband and wife, no deduction can be taken under thissubdivision. This subdivision shall not be applicable toestates or trusts.

(2) Reduced by three hundred dollars if the return filed is thereturn of a "head of household" as defined by the UnitedStates Internal Revenue Code of 1954, as amended;provided, that the term "head of household" shall alsoinclude a "surviving spouse" as defined by said code.

(3) Reduced by seven hundred fifty dollars for each adoptedchild who is under the age of twenty-one years and who iseither irreversibly mentally retarded or, on the basis of theannual findings of a licensed physician, is blind or disabledas determined pursuant to the provisions of title XVI of theUnited States Social Security Act, provided the return filed isthe return of the parent of an adopted child and such childqualifies as a dependent of such parent for federal incometax purposes.

(4) Reduced, up to a maximum of one thousand dollars, by theamount of filing fees, attorney's fees, and travel costsincurred in connection with an adoption and by the actualcosts paid to a licensed child-placing agency in making theadoptive study and in supervising and evaluating theadoptive placement. Provided, however, that the reduction


allowed under this paragraph shall apply only to suchadoption expenses of a child who qualifies under theprovisions of paragraph 3.

(5) Reduced by one thousand seven hundred fifty dollars foreach child under the age of twenty-one years adopted by thetaxpayer. The reduction under this paragraph may beclaimed only by an adoptive parent of an adopted child andthe child must qualify as a dependent of the adoptive parentfor federal income tax purposes. The reduction may beclaimed by only one spouse, for spouses filing separatelyunder this chapter. The reduction provided by thisparagraph may be claimed for the taxable year in which theadoption becomes final and any unused portion of thereduction may be carried forward by the taxpayer for up tofive taxable years. The reduction does not apply to theadoption of children of the taxpayer's spouse.

e. Reduced by the actual amount of the medical expenses that wereincurred but not allowed on the federal return by reason of thefederal medical deduction limitation.

f. Increased by the amount of any income taxes, or franchise orprivilege taxes measured by income, to the extent that such taxeswere deducted to determine federal taxable income.

g. Increased by the amount of any interest and dividends from foreignsecurities and from securities of state and their politicalsubdivisions exempt from federal income tax; provided, thatinterest upon obligations of the state of North Dakota or any of itspolitical subdivisions shall not be included.

h. Except for residents, reduced by the amount of net income notallocated and apportioned to this state under the provisions ofchapter 57-38.1, but only to the extent that the amount of netincome not allocated and apportioned to this state under theprovisions of that chapter is not included in any adjustment madepursuant to the preceding subdivisions.

i. Repealed by S.L. 2003, ch. 529, § 3.

j. Reduced by any amount, up to a maximum of five thousanddollars, received pursuant to the firefighters relief associationsauthorized by chapters 18-05 and 18-11, policemen's pensionfunds authorized by chapter 40-45, or the highway patrolmen'sretirement system authorized by chapter 39-03.1; provided,however, that the adjustment provided in this subdivision shall bereduced by any amount received pursuant to the federal SocialSecurity Act.

k. j. Reduced by any amount, up to a maximum of one thousanddollars, received by any person as payment for services performedwhile on active duty in the armed forces of the United States or aspayment for attending periodic training meetings for drill andinstruction as a member of the national guard or of a reserve unit ofthe armed forces of the United States. However, persons serving


in the armed forces of the United States, except field grade andgeneral officers, who are stationed outside of any state of theUnited States or the District of Columbia for not less than thirtydays during the tax year shall be allowed an additional reduction ofup to three hundred dollars per month for each month or portion ofa month received as payment for services performed while onactive duty at such location.

l. k. Reduced by any amount, up to a maximum of five thousanddollars, received by any person fifty years of age or older as retiredmilitary personnel pay for service in the United States army, navy,air force, coast guard, or marine corps or reserve componentsthereof; provided, however, that the adjustment provided in thissubdivision shall be reduced by any amount received pursuant tothe federal Social Security Act.

m. l. Reduced by the amount of interest received during that taxableyear on a contract for deed on the sale of eighty or more acres[32.37 or more hectares] of agricultural land to a beginning farmer.The contract for deed must extend for not less than ten years andhave an annual interest rate equal to or less than the minimum rateallowed by the internal revenue service before interest is imputed.In order for an individual, estate, or trust to qualify for thisreduction, the taxpayer must obtain a statement from the buyerstating that the buyer meets all requirements of the beginningfarmer definition, together with such other information as the statetax commissioner may require. The value placed on any realproperty located in North Dakota and owned by the buyer must bethe amount listed as the true and full value on the most recent realestate tax statement for that particular piece of property. Indetermining the net worth of any person, including the person'sdependents and spouse, if any, for purposes of this subdivision,the value of their equity in their principal residence, the value ofone personal or family motor vehicle, and the value of theirhousehold goods, including furniture, appliances, musicalinstruments, clothing, and other personal belongings may not beincluded. This statement must be filed along with the income taxreturn. For the purposes of this subdivision, "beginning farmer"means any person who is:

(1) A resident of this state.

(2) Receiving more than one-half of that person's gross annualincome from farming, unless the person initially commencesfarming during the tax year for which an adjustment will beclaimed under this subdivision.

(3) Intending to use any farmland to be purchased or rented foragricultural purposes.

(4) Except for contracts for deed entered into prior to July 1,1985, having adequate training by education in the type offarming operation which the person wishes to begin throughsatisfactory participation in the adult farm managementeducation program of the state board for career and


technical education or an equivalent program approved bythe agriculture commissioner.

(5) Having, including the net worth of any dependents andspouse, a net worth of less than one hundred thousanddollars.

n. m. Reduced by the amount of interest received during that taxableyear on a contract on the sale of any land, buildings,improvements, and equipment associated with the land, buildings,or improvements, used or useful in connection with arevenue-producing enterprise to a beginning businessman,excluding beginning farmers as defined in subdivision m l. Thecontract must extend for not less than ten years and have anannual interest rate equal to or less than the minimum rate allowedby the internal revenue service before interest is imputed. In orderfor an individual, estate, or trust to qualify for this reduction, thetaxpayer must obtain a statement from the buyer containing a list ofthe buyer's assets and debts and giving the buyer's net worth,together with any other information required by the state taxcommissioner. The value placed on any real property located inNorth Dakota and owned by the buyer shall be the amount listedas the current market value on the most recent real estate taxstatement for that particular piece of property. In determining thenet worth of any person, including that person's dependents andspouse, if any, the value of their equity in their principal residence,the value of one personal or family motor vehicle, and the value oftheir household goods, including furniture, appliances, musicalinstruments, clothing, and other personal belongings is not to beincluded. This statement is to be filed along with the income taxreturn. For the purposes of this subdivision, "beginningbusinessman", excluding beginning farmers as defined insubdivision m l, means any person who is:

(1) A resident of this state.

(2) Receiving more than one-half of that person's gross annualincome from a revenue-producing enterprise, unless theperson initially commences business during the tax year forwhich an adjustment will be claimed under this subdivision.

(3) Intending to use any revenue-producing enterprisepurchased or rented for business purposes.

(4) Adequately trained, by experience or education, in the typeof revenue-producing enterprise which that person wishes tobegin.

(5) The owner of property with a net worth, including the networth of property of that person's dependents and spouse, ifany, of less than one hundred thousand dollars.

o. n. Reduced by any amount, up to a maximum of three hundreddollars received by any person or six hundred dollars if a jointreturn is filed, as interest earned from a financial institution locatedin this state. For purposes of this subdivision, "financial institution"


means any organization authorized to do business under state orfederal laws relating to financial institutions, including banks andtrust companies, savings banks, building and loan associations,savings and loan companies or associations, and credit unions.

p. Repealed by S.L. 1999, ch. 487, § 3.

q. Reduced by the amount, up to a maximum of five thousand dollarsfor any person or ten thousand dollars if a joint return is filed, ofinvestment made after January 1, 1989, in a venture capitalcorporation organized pursuant to chapter 10-30.1. This deductionmay only be taken in the tax year in which the taxpayer qualifies fora credit pursuant to chapter 10-30.1. However, a taxpayer thatmakes an investment in a venture capital corporation on or afterJuly 1, 1989, is only entitled to a deduction if the venture capitalcorporation uses the funds it receives from the taxpayer to invest orprovide financing to qualified entities, which entities do not includea business or an affiliate of a business that owns tax-exemptsecurities.

r. o. Reduced by any amount, up to a maximum of five thousanddollars, received as retirement benefits paid by the United States, aterritory or possession or political subdivision thereof, thegovernment of the District of Columbia, or an agency orinstrumentality of one or more of the foregoing, other than retiredmilitary personnel pay, as exempted in subdivision l k; provided,however, that the adjustment provided in this subdivision must bereduced by any amount received pursuant to the federal SocialSecurity Act.

s. p. Reduced by the portion of a distribution from a qualified investmentfund described in section 57-38-01 which is attributable toinvestments by the qualified investment fund in obligations of theUnited States, obligations of North Dakota or its politicalsubdivisions, and any other obligation the interest from which isexempt from state income tax under federal statute or UnitedStates or North Dakota constitutional provisions; provided theamount of the distribution excluded under this subdivision isincluded in federal taxable income.

t. q. Reduced by an amount equal to the earnings that are passedthrough to a taxpayer in connection with an allocation andapportionment to North Dakota under chapter 57-35.3.

u. r. Reduced by the amount received by the taxpayer as payment forservices performed when called or ordered to title 10 United StatesCode federal service as a member of the national guard or reservemember of the armed forces of the United States. An individualclaiming the reduction under this subdivision may not also claimthe reduction under subdivision k j for the time the individual wasunder federal orders for active duty and may not claim a reductionon income already excluded from federal taxation due to service ina combat or hazardous duty zone. This subdivision does not applyto federal service while attending annual training, basic militarytraining, professional military education, or active guard andreserve tours for which the member has volunteered.


Provided, however, that each adjustment in the above subdivisionsauthorized under law shall be allowed only to the extent that theadjustment is allocated and apportioned to North Dakota income.

SECTION 8. AMENDMENT. Subsection 1 of section 57-38-71 of the NorthDakota Century Code is amended and reenacted as follows:

1. "Beginning entrepreneur", excluding beginning farmers as defined insubdivision m l of subsection 1 of section 57-38-01.2, means anyperson who:

a. Is a resident of this state.

b. Receives more than one-half of that person's gross annual incomefrom a revenue-producing enterprise, unless the person initiallycommences business during the tax year for which a deduction willbe claimed under sections 57-38-71 through 57-38-74.

c. Intends to use any revenue-producing enterprise purchased orrented for business purposes.

d. Has had adequate training, by experience or education, in the typeof revenue-producing enterprise which that person wishes tobegin.

e. Has, including the net worth of that person's dependents andspouse, if any, a net worth of less than one hundred thousanddollars, not including the value of their equity in their principalresidence, the value of one personal or family motor vehicle, andthe value of their household goods, including furniture, appliances,musical instruments, clothing, and other personal belongings.


57-38.5-01. Definitions. As used in this chapter, unless the contextotherwise requires:

1. "Director" means the director of the department of commerce division ofeconomic development and finance.

2. "New wealth" means revenues to a North Dakota business which aregenerated by sales of products or services to customers outside of thestate. "New wealth" also includes revenues to a qualified business thecustomers of which previously were unable to acquire, or had limitedavailability of, the product or service from a North Dakota provider.

3. "Passthrough entity" means a corporation that for the applicable taxyear is treated as an S corporation or a general partnership, limitedpartnership, limited liability partnership, trust, or limited liability companyand which for the applicable tax year is not taxed as a corporation underchapter 57-38.

4. "Primary sector business" means a qualified business that through theemployment of knowledge or labor adds value to a product, process, orservice and which results in the creation of new wealth but does not


include an agricultural commodity processing facility as defined undersection 57-38.6-01.

4. 5. "Qualified business" means:

a. A a business other than a real estate investment trust which is aprimary sector business that:

(1) a. Is incorporated or its satellite operation is incorporated as afor-profit corporation or is a partnership, limited partnership, limitedliability company, limited liability partnership, or joint venture;

(2) b. Is in compliance with the requirements for filings with the securitiescommissioner under the securities laws of this state;

(3) c. Has North Dakota residents as a majority of its employees in theNorth Dakota principal office or the North Dakota satelliteoperation; and

(4) d. Has its principal office in this state and has the majority of itsbusiness activity performed in this state, except sales activity, orhas a significant operation in North Dakota that has or is projectedto have more than ten employees or one hundred fifty thousanddollars of sales annually; or

b. An organization that:

(1) Is in compliance with the requirements for filings with thesecurities commissioner under the securities laws of thisstate; and

(2) Attracts investments to build and own a value-addedagricultural processing facility that it leases with an option topurchase to a primary sector business that qualifies undersubdivision a and

e. Relies on innovation, research, or the development of newproducts and processes in its plans for growth and profitability.

5. 6. "Taxpayer" means an individual, estate, or trust or a corporation orpassthrough entity. The term does not include a real estate investmenttrust.


57-38.5-02. Certification - Investment reporting by qualified businesses -Maximum investments in qualified businesses. The director shall certify whethera business that has requested to become a qualified business meets therequirements of subsection 4 of section 57-38.5-01 and the certification must includethe period of time the certification covers. The director shall establish the necessaryforms and procedures for certifying qualified businesses. For investments madeafter December 31, 2004, the maximum aggregate amount of qualified investments aqualified business may receive is limited to five hundred thousand dollars under thischapter. The limitation on investments under this section may not be interpreted to


limit additional investment by a taxpayer for which that taxpayer is not applying for acredit.


57-38.5-03. Seed capital investment tax credit. If a taxpayer makes aqualified investment in a qualified business, the taxpayer is entitled to a creditagainst state income tax liability under section 57-38-29, 57-38-30, or 57-38-30.3.The amount of the credit to which a taxpayer is entitled is forty-five percent of theamount invested by the taxpayer in qualified businesses during the taxable year,subject to the following:

1. The aggregate annual investment for which a taxpayer may obtain a taxcredit under this section is not less than five thousand dollars and notmore than two hundred fifty thousand dollars. This subsection may notbe interpreted to limit additional investment by a taxpayer for which thattaxpayer is not applying for a credit.

2. In any taxable year, a taxpayer may claim no more than one-third of thecredit under this section which is attributable to investments in a singletaxable year.

3. Any amount of credit under this section not allowed because of thelimitations in this section may be carried forward for up to four taxableyears after the taxable year in which the investment was made.

4. A partnership passthrough entity that invests in a qualified businessmust be considered to be the taxpayer for purposes of the investmentlimitations in this section and the amount of the credit allowed withrespect to a partnership's passthrough entity's investment in a qualifiedbusiness must be determined at the partnership passthrough entitylevel. The amount of the total credit determined at the partnershippassthrough entity level must be allowed to the partners, limited toindividuals, estates, and trusts, members in proportion to theirrespective interests in the partnership passthrough entity.

5. The investment must be at risk in the business. An investment for whicha credit is received under this section must remain in the business for atleast three years. Investments placed in escrow do not qualify for thecredit.

6. The entire amount of an investment for which a credit is claimed underthis section must be expended by the qualified business for plant,equipment, research and development, marketing and sales activity, orworking capital for the qualified business.

7. A taxpayer who owns a controlling interest in the qualified business orwhose full-time professional activity is the operation of the business isnot entitled to a credit under this section. A member of the immediatefamily of a taxpayer disqualified by this subsection is not entitled to thecredit under this section. For purposes of this subsection, "immediatefamily" means the taxpayer's spouse, parent, sibling, or child or thespouse of any such person.


8. The tax commissioner may disallow any credit otherwise allowed underthis section if any representation by a business in the application forcertification as a qualified business proves to be false or if the taxpayeror qualified business fails to satisfy any conditions under this section orany conditions consistent with this section otherwise determined by thetax commissioner. The amount of any credit disallowed by the taxcommissioner that reduced the taxpayer's income tax liability for any orall applicable tax years, plus penalty and interest as provided undersection 57-38-45, must be paid by the taxpayer.


57-38.5-04. Taxable year for seed capital investment tax credit. The taxcredit under section 57-38.5-03 must be credited against the taxpayer's income taxliability for the taxable year in which full consideration for the investment in thequalified business was received by the qualified business.


57-38.5-05. Seed capital investment tax credit limits. The aggregateamount of seed capital investment tax credit allowed for investments under thischapter through calendar year 2002 is limited to one million dollars and aftercalendar year 2002 is limited to two million five hundred thousand dollars for eachcalendar year. If investments in qualified businesses reported to the commissionerunder section 57-38.5-07 exceed the limits on tax credits for investments imposed bythis section, the credit must be allowed to taxpayers in the chronological order oftheir investments in qualified businesses as determined from the forms filed undersection 57-38.5-07.


Credit for investments made before 2005. An investment made beforeJanuary 1, 2005, which did not qualify for the tax credit under this chapter because ofthe two million five hundred thousand dollar credit limitation in effect before theeffective date of this Act is entitled to a credit against state income tax liability undersection 57-38-29 or 57-38-30.3 in the amount of forty-five percent of the amountinvested by the taxpayer in a qualified business subject to the following:

1. The aggregate investment for which a taxpayer may obtain a creditunder this section is not less than five thousand dollars and not morethan two hundred fifty thousand dollars.

2. In any taxable year, a taxpayer may claim no more than one-fourth ofthe credit under this section which is attributable to investments madebefore January 1, 2005.

3. Any amount of credit under this section not allowed because of thelimitations in this section may be carried forward for up to five taxableyears after the taxable year in which the investment was made.

4. This section does not apply to investments made in an agriculturalprocessing facility as defined under section 57-38.6-01.


SECTION 15. REPEAL. Chapters 10-30.1 and 10-30.2 of the North DakotaCentury Code are repealed.

SECTION 16. REPEAL. Section 15-10-41 of the North Dakota CenturyCode is repealed.

SECTION 17. NORTH DAKOTA BUSINESS CLIMATE INITIATIVE -LEGISLATIVE COUNCIL STUDY. During the 2005-06 and 2007-08 interims, thelegislative council shall study the state's business climate through a business climateinitiative. The business climate initiative must include receipt of agency reportsregarding economic development legislation introduced by the legislative councilduring previous legislative sessions, active participation in business climate focusgroups across the state, and active participation in biennial business congresses.The focus groups shall discuss ways to enhance the state's business climate tostimulate job growth and enhance economic prosperity for employers and employeesby encouraging the growth of existing businesses in the state, creating newbusinesses in the state, and encouraging expansion or relocation of businesses tothis state. Each business congress must receive a report on the activities of thefocus group discussions, shall identify methods to enhance the state's businessclimate to stimulate job growth and enhance economic prosperity, shall identifymethods to prepare the state for the high-growth and high-demand jobs of the future,and shall evaluate the impact of existing state economic development programs.The department of commerce shall organize the business climate focus groups andthe business congresses. Before each business congress, which must be heldbefore June 1, 2006, and before June 1, 2008, the department shall hold a minimumof six focus group discussions, two of which specifically focus on local economicdevelopers and four of which specifically focus on private business needs. Thedepartment shall consult with the legislative council in compiling focus group andbusiness congress participant invitation lists and drafting and distributing invitations,establishing focus group and business congress dates and locations, and preparingagendas for focus groups and business congresses. The legislative council shallcontract with a third party to provide professional services to plan, facilitate, reporton, and coordinate followup for the focus groups and business congresses. Thelegislative council shall report its findings and recommendations, together with anylegislation required to implement the recommendations, to the sixtieth and sixty-firstlegislative assemblies.

SECTION 18. VENTURE AND RISK CAPITAL - LEGISLATIVE COUNCILSTUDY. During the 2005-06 interim, the legislative council shall study issuesrelating to venture and risk capital and whether and how some of these issues maybe negatively impacting business development in the state. The study must addresshow to define venture and risk capital for purposes of the study; real and perceivedissues regarding gaps in the availability of venture and risk capital in the state;whether state programs adequately address the venture and risk capital needs ofbusinesses in the state and whether these programs should be changed to increaseavailability to venture and risk capital, including whether the partnership in assistingcommunity expansion program might be used as a model to address possibleventure and risk capital availability issues and whether the state could effectivelyplay a role as facilitator in improving access to venture and risk capital; how the statecould assist in creating an environment more conducive to attracting private ventureand risk capital in the state; and how other states have attempted to address ventureand risk capital concerns of businesses. The legislative council shall report itsfindings and recommendations, together with any legislation required to implementthe recommendations, to the sixtieth legislative assembly.


SECTION 19. ALTERNATIVE AND VENTURE CAPITAL INVESTMENTS -EARLY-STAGE CAPITAL FUNDS - REPORT TO LEGISLATIVE COUNCIL. Duringthe 2005-06 interim, the president of the Bank of North Dakota shall report to thelegislative council on the status of the Bank's investments in alternative and venturecapital investments and early-stage capital funds under subdivision c of subsection 4of section 6-09-15. The president shall inform the legislative council whether thisinvestment program should continue and whether there are potential changes thatcould be made to improve the state's venture capital and early-stage capitalinvestment structure.

SECTION 20. CENTERS OF EXCELLENCE - REPORT TO LEGISLATIVECOUNCIL. During the 2005-06 interim, the state board of higher education and thecenters of excellence commission shall report to the legislative council on the statusof the centers of excellence program under section 4 of this Act. The report mustinclude information regarding approved and rejected applications; funding; privatesector participation; accomplishments of each center of excellence, includinginformation regarding how each center of excellence is meeting, or will meet, thecriteria under section 4 of this Act; and whether there are potential changes thatcould be made to improve the centers of excellence program.

SECTION 21. INSURANCE AND LIABILITY DATA - REPORT TOLEGISLATIVE COUNCIL. During the 2005-06 interim, the insurance commissionershall compile existing data regarding the state's liability insurance marketplace. Thedata must include information regarding issues that may result in barriers forbusinesses seeking to obtain affordable liability insurance coverage, with specificfocus on the travel and tourism industry, and must include information regardingsuccessful actions taken by other states to improve the availability and affordability ofliability insurance. Before July 1, 2006, the insurance commissioner shall report tothe legislative council the data compiled and identify proposed legislative changesnecessary to implement any recommendations to make the state's laws andavailability of liability insurance more attractive to businesses in this state.

SECTION 22. TECHNOLOGY COMMERCIALIZATION STUDY - REPORTTO LEGISLATIVE COUNCIL. During the 2005-06 interim, the state board of highereducation shall conduct a study of incentives the state could adopt to serve ascatalysts for stimulating more efficient commercialization of new technologies. Thestudy must include roundtable discussions; include consideration of leveragingresearch, capital, and entrepreneurs; include consideration of successful actionstaken by other states to increase technology commercialization; and focus onapproaches that are specifically tailored to the state's unique circumstances. Theboard may contract with a third party to conduct the study. Before July 1, 2006, thechancellor of the North Dakota university system shall report to the legislative councilthe outcome of the study and identify proposed legislative changes necessary toimplement any recommendations to stimulate technology commercialization in thisstate.

SECTION 23. TRANSPORTATION STUDY - REPORT TO LEGISLATIVECOUNCIL. During the 2005-06 interim, the upper great plains transportation instituteshall conduct a study of how improvements to the transportation infrastructure of thisstate might enhance the business climate and the state's competitive position ineconomic development, with a focus on the potential to expand the sale of goods tomarkets outside the state by strengthening the state's transportation infrastructure.In conducting this study, the upper great plains transportation institute shall consultwith the department of transportation and the department shall cooperate in thestudy. The study must include consideration of how to improve the load-carryinglimits of the state's highways and associated costs and benefits; consideration of


what enhancements must be made to the state's highways to allow load limits to beraised to more efficiently move goods to market and associated costs and benefits;exploration of the phenomenon of the decline of freight service by rail, including theprospects for offering incentives to rail providers to expand the availability of rail fortransportation of goods to market and the associated costs and benefits;recommendations on how to enhance the state's transportation infrastructure;whether it is feasible to identify and assist airports that are specially situated in orderto assist in economic development; and an analysis of the projected economicdevelopment impacts associated with the recommended infrastructureimprovements. Before July 1, 2006, the upper great plains transportation instituteshall report to the legislative council the outcome of the study and identify proposedlegislative changes necessary to implement any recommended changes to thestate's transportation infrastructure.

SECTION 24. PROCUREMENT ASSISTANCE STUDY - REPORT TOLEGISLATIVE COUNCIL. During the 2005-06 interim, the director of the office ofmanagement and budget shall report to the legislative council on the status ofproviding procurement information through the internet under section 6 of this Act;perform a study on the most effective manner in which to provide for a procurementassistance center; and report to the legislative council on the outcome of theprocurement assistance center study, including what services might be provided bysuch a center, how services might be provided by such a center, and what legislativechanges would be required to implement such a center.

SECTION 25. EFFECTIVE DATE - EXPIRATION DATE. Sections 9 through13 of this Act are effective for taxable years beginning after December 31, 2004.Section 15 of this Act becomes effective on August 1, 2007. Sections 2, 7, and 8 ofthis Act are effective for taxable years beginning after December 31, 2008.Section 10 of this Act is effective for a business certified as a qualified business afterDecember 31, 2004. Section 14 of this Act is effective for taxable year 2004 and isthereafter ineffective, except any unused credit may be carried forward as providedin section 13 of this Act. Section 4 of this Act is effective through July 31, 2011, andafter that date is ineffective.


EDUCA - North Dakota Legislative AssemblyTitle: EDUCA Created Date: 6/3/2005 2:44:18 PM

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Transcript of EDUCA - North Dakota Legislative AssemblyTitle: EDUCA Created Date: 6/3/2005 2:44:18 PM