Title 54, State Government

As used in this chapter, unless the context or subject matter otherwise requires: 1. "Bodily injury" means any harm that requires medical treatment and results in economic loss and includes pregnancy and nervous shock. 2. "Claimant" means a victim, a dependent of a deceased victi…

The division shall award compensation for economic loss arising directly from criminally injurious conduct if satisfied by a preponderance of the evidence that the requirements for compensation have been met.

The division may not make an award of any kind under this chapter to a victim convicted of a crime and injured while confined in a jail, prison, or other correctional facility.

1. In addition to its other powers and duties, the division shall: a. Establish and maintain a principal office and other necessary offices within this state, appoint employees and agents as necessary, and prescribe the duties and compensation of the employees and agents. b. Adop…

The division may accept on behalf of the state all restitution funds, gifts, grants, or bequests of property tendered to the state for any purpose pertaining to the activities of the division in implementing this chapter. The crime victims restitution and gift fund is established…

1. An applicant for an award of compensation shall apply in writing in a form that conforms substantially to that prescribed by the division. If a resident of this state is a victim of criminally injurious conduct, but the criminally injurious conduct occurred outside the geograp…

After an informal hearing on the papers submitted, at which the claimant need not be present, the division may accept, deny, or reduce a claim or set it for rehearing. If a claim is reduced or denied by the division, the claimant may request a rehearing or appeal the decision. Th…

1. There is no privilege, except privileges arising from the attorney-client relationship, as to communications or records relevant to an issue of the physical, mental, or emotional condition of the victim in a proceeding under this chapter in which that condition is an element. …

If a person refuses to comply with an order under this chapter or asserts a privilege, except privileges arising from the attorney-client relationship, to withhold or suppress evidence relevant to a claim, the division may make any just order including denial of the claim, but ma…

1. An award may be made whether or not any person is prosecuted or convicted. Proof of conviction of a person whose acts give rise to a claim is conclusive evidence that the crime was committed, unless an application for rehearing, an appeal of the conviction, or certiorari is pe…

The division shall determine and award reasonable attorney's fees, commensurate with services rendered, to be paid by the state to the attorney representing the claimant if the claimant prevails after a petition for reconsideration or rehearing under section 28-32-40 from an orde…

1. If compensation is awarded, the division is subrogated to all the claimant's rights to receive or recover benefits or advantages, for economic loss for which and to the extent only that compensation is awarded, from a source that is, or, if readily available to the claimant, w…

1. The division may provide for the payment of an award in a lump sum or in installments. The part of an award equal to the amount of economic loss accrued to the date of the award must be paid in a lump sum. An award for allowable expense that would accrue after the award is mad…

If the division determines that the claimant will suffer financial hardship unless a tentative award is made, and it appears likely that a final award will be made, an amount may be paid to the claimant which must be deducted from the final award or repaid by and recoverable from…

1. The division, on its own motion or on request of the claimant, may reconsider a decision making or denying an award or determining its amount. The division shall reconsider at least annually every award being paid in installments. An order on reconsideration of an award may no…

The division shall prepare and transmit biennially to the governor and the legislative assembly a report of its activities, including a brief description of the facts, the amount of compensation awarded in each case, and a statistical summary of claims and awards made and denied.

Juvenile or law enforcement records obtained under chapter 27-20.4 may be released to the parties, their counsel, and representatives of the parties in proceedings before the division and must be sealed at the conclusion of the proceedings. All other records of the division conce…

Any claimant who knowingly makes a false claim, or a false statement in connection with any claim, is guilty of a class A misdemeanor. In addition to any other penalties provided by law, the claimant who violates this section forfeits any compensation paid under this chapter and …

The Interstate Library Compact is hereby enacted into law and entered into by this state with all states legally joining therein in the form substantially as follows: ARTICLE I - POLICY AND PURPOSE Because the desire for the services provided by libraries transcends governmental …

No city, township, or county of this state may be party to a library agreement which provides for the construction or maintenance of a library pursuant to subdivision g of subsection 3 of Article III of the compact, nor pledge its credit in support of such a library, or contribut…

As used in the compact, "state library agency", with reference to this state, means the state library.

An interstate library district lying partly within this state may claim and be entitled to receive state aid in support of any of its functions to the same extent and in the same manner as such functions are eligible for support when carried on by entities wholly within this stat…

The governor shall appoint an officer of this state who must be the compact administrator pursuant to Article X of the compact. The governor shall also appoint one or more deputy compact administrators pursuant to said article.

In the event of withdrawal from the compact the governor shall send and receive any notices required by subsection 1 of Article XI of the compact.

Public libraries eligible to receive financial aid under this chapter are limited to those public libraries that: 1. Apply to the state library for such financial aid. 2. Are established and operated in accordance with chapter 40-38. 3. Participate in the North Dakota network for…

Grants to eligible public libraries must be in accordance with the following formula: 1. One dollar, or a percentage thereof, for each person residing in the city or county operating or providing financial support for the public library, as determined by the latest official feder…

"Other public funds", as used in sections 54-24.2-03 and 54-24.2-05, means moneys appropriated for public library services by the governing body of the political subdivision providing public library services under chapter 40-38 in addition to the mill levy made for public library…

The state librarian may recalculate and adjust each eligible public library grant formula based on a successful appeal by a public library determined to be ineligible. Within thirty days after notification from the state librarian of a public library's ineligibility to receive gr…

To provide for increased local funding, public libraries eligible to receive funds under section 54-24.2-02 shall have the funds allocated to them modified in accordance with the following formula: Cities levying 8.00 or more mills 150 percent of allocation 6.00 - 7.99 mills 125 …

For public libraries operated by cities, funds granted under this chapter may not exceed thirty-three percent of the total expenditure of mill levy moneys and other public funds during the preceding year. For public libraries operated by counties, funds granted under this chapter…

Funds appropriated under this chapter may be expended by public libraries for the purchase of library materials, supplies and equipment, salaries of library staff, and services. No funds may be used for land acquisition, construction, or investment. Each public library receiving …

In this chapter, unless the context otherwise requires: 1. "Academic library" means a library that is part of a college or university that is publicly or privately funded and whose primary role is to provide resources to enrich and support the school's curricula and the research …

In the administration of this chapter, the North Dakota library coordinating council may: 1. Adopt rules for the conduct of business. 2. Provide guidance for the development, implementation, and improvement of regional library cooperatives. 3. Enter contracts necessary for establ…

The North Dakota library coordinating council may establish regional library cooperatives. In establishing the cooperatives, the council shall consider: 1. Population; 2. Population density; 3. Number and types of libraries; 4. Library information resources, including existing li…

The North Dakota library coordinating council shall appoint an interim planning committee for a proposed regional library cooperative. The interim planning committee must consist of two lay representatives residing within the cooperative and five librarians. The librarians, as fa…

In the administration of this chapter, the regional library cooperative interim planning committee may: 1. Elect provisional officers; 2. Identify all librarians eligible to be members of the regional library cooperative; 3. Hold informational meetings; 4. Distribute and receive …

To join the regional library cooperative, a library must obtain official approval from its board and submit an application to the interim planning committee. A library that agrees to provide to any person residing within the cooperative access to its collection on the premises, r…

Each participating library shall designate a representative to sit on the board of the regional library cooperative. At its first meeting, the board shall elect a president, vice president, treasurer, and any other officer it determines to be necessary. The director of the design…

In the administration of this chapter, each regional library cooperative may: 1. Sue and be sued in the name of the cooperative. 2. Designate for the cooperative a central library resource center with responsibility to extend special services to cooperative members while meeting …

All members of a regional library cooperative are entitled to receive supplementary reference services, delivery service for library materials, interlibrary loan services, and assistance with citation and location of materials, and reciprocal borrowing privileges among the users …

Each academic, institutional, public, school, and special library has one vote on the board of the regional library cooperative. Each operating public school district has one vote on the board of the cooperative and represents all public school media centers located within the di…

To discontinue participation in a regional library cooperative, a library cooperative member shall give, in advance, a one-year written notice to the board of the cooperative and the North Dakota library coordinating council. No member may withdraw unless it has been a participan…

Each regional library cooperative, upon formation, may apply to the North Dakota library coordinating council for grant funds available for disbursement by the council.

The board of a regional library cooperative shall develop appropriate accounting and record management policies and procedures documenting the operations of the cooperative. These policies and procedures must provide that: 1. All records for the regional library cooperative and b…

1. Each regional library cooperative shall include as part of its five-year plan for development provisions for: a. Reference services to supplement those provided by each local library, including interlibrary reference and referral services to residents of the cooperative. b. In…

If the need for a regional library cooperative ceases to exist, the board of the cooperative, by a two-thirds vote of its members, may declare its intent to dissolve the organization and file with the North Dakota library coordinating council a plan for affecting the dissolution.…