Title 23, Health and Safety

An authority has the following powers and duties: 1. To exercise public and essential governmental functions. 2. To sue and be sued. 3. To have perpetual succession. 4. To make and execute contracts and other instruments necessary or convenient to the exercise of the powers of th…

Each housing authority shall manage and operate its housing projects in an efficient manner so as to enable it to fix the rentals for dwelling accommodations at the lowest possible rates consistent with its providing decent, safe, and sanitary dwelling accommodations. No housing …

An authority shall fix the rentals for dwelling in its projects at no higher rates than it finds to be necessary in order to produce revenues which, together with all other available moneys, revenues, income, and receipts of the authority from whatever source derived will be suff…

In the operation or management of housing projects, an authority at all times shall observe the following duties with respect to rentals and tenant selection: 1. The authority may rent or lease the dwelling accommodations in the project solely to persons of low or moderate income…

Sections 23-11-12, 23-11-13, and 23-11-14 may not be construed as limiting or restricting the power of an authority to vest in an obligee the right, in the event of a default by the authority, to take possession of a housing project or to cause the appointment of a receiver there…

Any two or more authorities may join or cooperate with one another in the exercise of any or all of the powers conferred upon them for the purpose of financing, planning, undertaking, constructing, or operating a housing project or projects located within the area of operation of…

The governing body of any city may, by resolution, dissolve the housing authority of such city for the purpose of electing to participate in a county housing authority pursuant to section 54-40-08. Upon the adoption of such a resolution the city authority shall cease to exist, ex…

As a prerequisite to the taking of real property by the exercise of the power of eminent domain, an authority shall adopt a resolution declaring that the acquisition of the real property described therein is necessary for its purposes under the provisions of this chapter. Such po…

All housing projects of an authority are subject to the planning, zoning, sanitary, and building laws, ordinances, and regulations applicable in the locality in which the housing project is situated. In the planning and location of any housing project, an authority shall take int…

Bonds of an authority must be issued pursuant to a resolution of the commissioners thereof. The resolution must specify: 1. Whether the bonds must be issued in one or more series. 2. The date or dates which the bonds must bear. 3. The time or times at which the bonds must mature.…

1. An authority may issue any type of bond as the authority determines necessary for the purpose of financing housing for persons of low or moderate income, including a bond on which the interest and principal are payable: a. Exclusively from the income and revenues of the housin…

Neither the commissioners of an authority nor any person executing bonds of the authority is liable personally on the bonds by reason of the issuance of the bonds. The bonds and other obligations of an authority are not a debt of the city, county, or state, nor of any political s…

Bonds issued by an authority may be sold at a private sale without notice or at public sale held after a notice has been published at least five days prior to the sale in a newspaper having a general circulation in the city or county, as the case may be. Bond issues sold at priva…

If any of the commissioners or officers of an authority whose signatures appear on any bonds or coupons cease to be a commissioner or officer before the delivery of the bonds, the signatures are valid and sufficient for all purposes the same as if the commissioner or officer had …

In connection with the issuance of bonds or the incurring of obligations under leases and in order to secure the payment of the bonds or obligations, an authority, in addition to the authority's other powers, has power: 1. To pledge all or any part of the authority's gross or net…

An authority may submit to the attorney general of this state any bonds to be issued hereunder after all proceedings for the issuance of such bonds have been taken. Upon the submission of such proceedings to the attorney general, the attorney general shall examine and pass upon t…

An obligee of an authority, in addition to all other rights which may be conferred on such obligee, and subject only to any contractual restrictions binding upon such obligee, may: 1. By mandamus, suit, action, or proceeding at law or in equity, compel the authority and the commi…

An authority, by its resolution, trust indenture, mortgage, lease, or other contract, may confer upon any obligee holding or representing a specified amount in bonds, or holding a lease, in addition to all rights that otherwise may be conferred, the right, upon the happening of a…

All real property of an authority, including an authority created under Indian laws recognized by the federal government, is exempt from levy and sale by virtue of an execution, and no execution or other judicial process may issue against the same nor may any judgment against any…

The property of an authority used for low-income housing, authority administration, or other property solely owned by the authority and used to conduct the powers granted to the authority in this chapter, including an authority created under Indian laws recognized by the federal …

At least once every year, an authority shall file with the city auditor or county auditor, as the case may be, a report of its activities for the preceding year and shall make recommendations with reference to such additional legislation or other action as it deems necessary in o…

Any housing authority may undertake the development and administration of projects to assure the availability of safe and sanitary dwellings for persons engaged in national defense activities who, as determined by the housing authority, would not otherwise be able to secure safe …

A housing authority may exercise any or all of its powers for the purpose of cooperating with, or acting as agent for, the federal government in the development or administration of projects by the federal government to assure the availability of safe and sanitary dwellings for p…

Any city, county, or other public body may cooperate with housing authorities, or with the federal government, with respect to the development or administration of projects, and necessary slum clearance, to assure the availability of safe and sanitary dwellings for persons engage…

This chapter constitutes an independent authorization for a housing authority to undertake the development or administration of projects to assure the availability of safe and sanitary dwellings for persons engaged in national defense activities and for veterans as provided in th…

As used in sections 23-11-31 to 23-11-36: 1. "Administration" means any and all undertakings necessary for management, operation, or maintenance, in connection with any project, and includes the leasing of any project, in whole or in part, from the federal government. 2. "Develop…

The powers conferred by sections 23-11-31 to 23-11-35 are in addition and supplemental to the powers conferred by any other law, and nothing contained herein may be construed as limiting any other powers of a housing authority.

Any person in charge of any: 1. Public conveyance; 2. Passenger terminal building; 3. Public, parochial, or private school, or other educational institution; or 4. Public building who furnishes or permits the common use of public drinking cups in such place is guilty of an infrac…

No hospital which treats patients for pay may be established in any residence block of any city in this state unless the person, firm, corporation, or limited liability company proposing to establish the same files with the city auditor the written consent of the resident freehol…

Any person who willfully violates any provision of this title, if another penalty is not specifically provided for such violation, is guilty of an infraction.

If emergency medical services are not provided by a licensed ambulance service under chapter 23-27, any county or municipality of the state of North Dakota, by itself, or in combination with any other county or municipality of the state of North Dakota, may, acting through its go…

In sections 23-12-09 through 23-12-11, unless the context or subject matter otherwise requires: 1. "Bar" means a retail alcoholic beverage establishment licensed under chapter 5-02 that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and…

1. In order to protect the public health and welfare and to recognize the need for individuals to breathe smoke-free air, smoking is prohibited in all enclosed areas of: a. Public places; and b. Places of employment. 2. Smoking is prohibited within twenty feet [6.10 meters] of en…

charters 1. State agencies with statutory jurisdiction over a state-owned building or office shall enforce section 23-12-10. These agencies include the fire marshal department, department of health and human services, legislative council, and office of management and budget. 2. A…

1. The owner, operator, manager, or other person in control of a public place or place of employment where smoking is prohibited by this Act shall: a. Clearly and conspicuously post no smoking signs or the international no smoking symbol in that place. b. Clearly and conspicuousl…

This Act shall be construed liberally so as to further its purposes. The provisions of this Act are declared to be severable. If any provision, clause, sentence, or paragraph of this Act, or its application to any person or circumstances, shall be held invalid, that invalidity sh…

1. An individual who smokes in an area in which smoking is prohibited under section 23-12-10 is guilty of an infraction punishable by a fine not exceeding fifty dollars. 2. Except as otherwise provided in subsection 5 of section 23-12-10, an owner or other person with general sup…

Pursuant to the Health Care Quality Improvement Act of 1986 [Pub. L. 99-660, Title IV; 100 Stat. 3784; 42 U.S.C. 11101 et seq.], providing for a limitation on damages for professional review actions, the provisions of that Act are effective in this state.

1. For purposes of this section: a. "Incapacitated patient" means an adult unable to understand and appreciate the nature and consequence of a health care decision, including the benefits, harms, and reasonable alternatives to proposed health care, and unable to communicate a hea…

1. As used in this section, "health care provider" means a licensed individual or licensed facility providing health care services. Upon the request of a health care provider's patient or any person authorized by a patient, the provider shall provide a free copy of a patient's he…

If a state agency uses state funds to provide free medical equipment to an individual, that state agency shall establish a policy addressing the possible reuse, recycling, or resale value of the medical equipment upon replacement of the medical equipment by that state agency or u…

A woman may breastfeed her child in any location, public or private, where the woman and child are otherwise authorized to be.

1. An employer may use the designation "infant friendly" on its promotional materials if the employer adopts a workplace breastfeeding policy that includes the following: a. Flexible work scheduling, including scheduling breaks and permitting work patterns that provide time for e…

1. If a medical facility or provider in this state has a performance review that results in the receipt of a rating, and at any time pays a fee to the person completing the rating, the medical facility or provider shall include a public notice in any promotional or marketing acti…

1. As used in this section: a. "Health information organization" means the health information exchange created under chapter 54-59. b. "Individually identifiable health information" has the meaning set forth in title 45, Code of Federal Regulations, section 160.103. 2. An individ…

1. Neither a state government entity nor any of its political subdivisions, agents, or assigns may: a. Require documentation, whether physical or electronic, for the purpose of certifying or otherwise communicating the following before providing access to property, funds, or serv…