Title 48 — Public Buildings

Expenditures by and on behalf of the state for public buildings or other structures for educational, charitable, penal, industrial, or other public purposes shall be made in order to provide the equipment to promote such public purposes, and such investments shall not be interest…

There shall be no discrimination in respect to interest on investments made or to be made in any of the following public buildings owned, managed, and controlled wholly by the state of North Dakota: 1. The capitol building. 2. The university or other educational buildings. 3. The…

When it is deemed proper to set up charges for depreciation to ascertain a basis for insurance or for other purposes, the annual charge for depreciation shall be such an amount that it, with interest thereon added thereto annually at the highest rate of interest paid regularly on…

Such public buildings and grounds as are provided for in section 48-04-01 shall be in the joint custody and control of the governing boards of such city and township, which shall make and enforce lawful and reasonable regulations for the care, protection, and use thereof.

Townships or cities may incur indebtedness and may provide for the payment thereof severally, but not jointly, for the acquisition of any such public buildings and grounds in the manner provided by chapter 21-03.

All meetings and elections of the municipalities mentioned in section 48-04-01, provided by law to be held, and otherwise legally called and held, may be held in such public buildings whether wholly or partly within one or wholly or partly within the other municipality.

The flag of the United States of America shall be displayed upon all state institutions between the hours of nine o'clock a.m. and four o'clock p.m. of each day, weather permitting. The officials in charge of the various state institutions shall make the necessary arrangements fo…

Repealed by S.L. 1971, ch. 457, § 1.

The state and all of its institutions, all political subdivisions, and all public schools, when purchasing coal for heating purposes, shall give preference to bidders supplying coal mined in North Dakota if such coal, on an aggregate basis, will provide equivalent British thermal…

Repealed by S.L. 1971, ch. 457, § 1. 48-05-05. Public buildings and parks - Opening for public meetings - Penalty for violation. Repealed by S.L. 1975, ch. 106, § 673. 48-05-06. Alcoholic beverages and drugs in charitable institutions prohibited - Penalty. Every person who shall …

Repealed by S.L. 1977, ch. 224, § 4.

In sections 48-05-09 through 48-05-13, unless the context otherwise requires: 1. "Energy conservation measure" means a training program or facility alteration intended to reduce energy consumption or operating costs, including the following: a. Insulation of the building or any s…

Before entering a contract under section 48-05-11, a governmental unit shall submit a request for proposals. The time period between the request for proposals and the due date for proposals may be no less than fifteen business days. Upon receipt of the request for proposals, the …

The governmental unit shall provide public notice of the meeting at which it proposes to award a guaranteed energy savings contract, the names of the parties to the proposed contract, and the purpose of the contract. After reviewing the report under section 48-05-10, a government…

Guaranteed energy savings contracts are not subject to the requirements of chapter 48-01.2, which relate to competitive bidding.

The governmental unit shall include in its annual appropriations measure for each later biennium or fiscal year any amounts payable under guaranteed energy savings contracts during the biennium or fiscal year.

The director of the office of management and budget shall maintain and operate a central mailing bureau in the state capitol. The director shall prescribe such reasonable rules and regulations as may be necessary for the prompt and efficient dispatch of all mail. 48-06-02. Capito…

The director of the office of management and budget may exempt any department where it is determined that it would not be practical or economical for it to use the central mailing bureau, because of the unusual weight, kind, or volume of mail dispatched by the department. 48-06-0…

All mail dispatched through the mailing bureau shall have stamped or printed thereon by the meter machine the following words "Official Mail State of North Dakota".

There shall be maintained in the office of the state treasurer an "office of management and budget postage revolving fund" for the advance payment of postage. The director of the office of management and budget may draw upon the fund for the advance payment of postage for the use…

The mailing clerk or such other person as may be designated by the director of the office of management and budget under the direction of the director shall keep an accurate and complete record of all postage used by each officer, department, or agency, for mail dispatched throug…

The city council or board of city commissioners of any city, the board of supervisors of any township, or the school board of any school district, in this chapter designated as the governing board, may pay the rental of any hall or auditorium, when it is used in such municipality…

Until such funds as are provided by section 48-08-01 shall become available, any such governing board shall pay out of funds on hand not otherwise appropriated or required such sums as may be deemed a fair rental for any hall or auditorium when used for a public meeting.

The area on the first floor of the state capitol from the legislative assembly hall on the west, past the double stairway, to the brass columns on the east, is designated as memorial hall.

The director of the office of management and budget shall set aside a room in the state capitol for the exclusive use of the media and shall place the North Dakota newspaper association and North Dakota broadcasters association jointly in charge of the room.

During the interim between legislative sessions, the committee rooms, halls, passageways, and other space in the capitol used by the legislative assembly, including the pioneer room, the coteau room, the Sheyenne River room, judicial wing room 216, and judicial wing rooms 327 B, …

The director of the office of management and budget shall fix and determine a fair and reasonable monthly charge for light, heat, and janitor service to be paid by each federal agency located and transacting business in the capitol.

The governing body of any county, city, or township may permit the use of or may lease any public building or any part of a public building under its charge for any legal purpose, giving equal opportunity to all persons, and without religious or political distinctions, and may ma…

No lease of any public building or part of any public building under the provisions of section 48-08-06 may be for a longer term than two years, except as may be otherwise provided by city ordinance or by resolution of the board of county commissioners. Such lease must be to a re…

The director of the office of management and budget and any other group, board, or commission having control of the use of any state, county, or local municipal buildings are authorized to provide space for emergency operating centers and disaster offices in such buildings.

Except as otherwise provided in section 48-09-01, if a concession under section 48-09-01 has estimated gross sales worth more than twenty-five thousand dollars annually, an advertisement for bids for the concession must occur once in each week for three consecutive weeks in the o…

The governing body, in its discretion, may require a deposit of security by the successful bidder for a concession within ten days after notice of the acceptance of the bid. If such deposit of security is not so furnished, the concession may be let to the next highest bidder, and…

The renting, leasing, or licensing of any public property under this chapter at all times shall be subject to the rules and regulations made and prescribed by the official, department, board, or commission having the control and management of the same. The renting and leasing ter…

Any person violating any of the provisions of this chapter is guilty of a class B misdemeanor.

The capitol grounds planning commission consists of the lieutenant governor as chairman and eight other members selected biennially as provided in this section. The governor shall appoint two citizens, one licensed architect, and one representative from the state historical socie…

As used in this chapter: 1. "Facility" means a physical improvement to real property owned or leased, directly or through a building authority, by a governmental unit, including a road, bridge, runway, rails, or building or structure along with the building's or structure's groun…

A governmental unit awarding a contract for the construction, repair, remodeling, or demolition of a facility and any construction manager acting on that governmental unit's behalf may not include any of the following in the bid specifications, project agreements, or other contro…

The head of a governmental unit may exempt a particular project, contract, subcontract, grant, tax abatement, or tax credit from the requirements of any or all of the provisions in this chapter if after public notice and hearing the governmental unit finds special circumstances r…

This chapter may not be construed to: 1. Prohibit an employer or other party from entering an agreement or engaging in any other activity protected by the National Labor Relations Act [29 U.S.C. 151 et seq.]; or 2. Interfere with labor relations of a party which are left unregula…

In this chapter, unless the context otherwise requires: 1. "Agency construction management" means a public improvement delivery method through which a person provides to a governing body experienced construction management services, including ideas on constructability, documentat…

Except as otherwise provided in this chapter, if the estimated cost for the construction of a public improvement is in excess of the threshold established under section 48-01.2-02.1, the governing body shall procure plans, drawings, and specifications for the improvement from an …

1. The threshold for bidding construction of a public improvement is two hundred fifty thousand dollars. The threshold for procuring plans, drawings, and specifications from an architect or engineer for construction of a public improvement is two hundred fifty thousand dollars. 2…

1. Except as otherwise provided in this chapter, if the estimated cost for the construction of a public improvement is in excess of the threshold established under section 48-01.2-02.1, the governing body shall advertise for bids by publishing for three consecutive weeks. The fir…

The advertisement for bids required by section 48-01.2-04 must state: 1. The nature of the work and the type and location of the proposed public improvement. 2. When and where the plans, drawings, and specifications may be seen and examined. 3. The place, date, and time the bids …

1. Multiple prime bids for the general, electrical, and mechanical portions of a project are required when any individual general, electrical, or mechanical contract or any combination of individual contracts is in excess of the threshold established under section 48-01.2-02.1. I…

At the time and place specified in the notice, a governing body or its designated agent shall open publicly and read aloud each responsible bid received. The governing body shall award the contract to the lowest responsible bidder. A governing body may reject any and all bids and…

A governing body, or any member, employee, or appointee of a governing body, may not be pecuniarily interested or concerned in a contract for a public improvement entered by the governing body.

A governing body shall enter a contract with the lowest responsible bidder as determined under section 48-01.2-07. The contract must contain the following: 1. The written terms of the agreement and any associated document signed by the governing body and the contractor; 2. The re…

1. Unless otherwise provided under this chapter, a governing body authorized to enter a contract for the construction of a public improvement in excess of two hundred fifty thousand dollars shall take from the contractor a bond before permitting any work to be done on the contrac…

A person that has furnished labor or material for any public improvement for which a bond is furnished and has not been paid in full within ninety days after completion of the contribution of labor or materials may sue on the bond for the amount unpaid at the time of institution …