2016 North Dakota Century Code Title 46 Printing Laws Chapter 46-04 Distribution of Public Documents
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CHAPTER 46-04
DISTRIBUTION OF PUBLIC DOCUMENTS
46-04-01. Official distribution of state laws - Secretary of state to control.
Each member of the legislative assembly and each constitutional officer of the state and
each judge of the supreme and district courts for the use of their respective offices and
departments is entitled to receive from the state a copy of any publication of the laws of the
state and of any compilation or codification thereof published under authority of the state. The
district court in every county in the state is entitled to a copy of such publications. The
codification of laws of the state received by each member of the legislative assembly is subject
to section 54-03-23. The secretary of state shall designate other offices and agencies of the
state that are entitled to receive copies of any such publication of the laws for the use of such
state offices and agencies and also shall determine the number of copies of any publication to
be received by any recipient in a distribution under the provisions of this section, if more than
one copy is needed by such recipient for official use. All agencies that are funded entirely from
special state funds or federal funds must be charged for the actual cost of each copy of such
publications that the agency requests.
46-04-02. State libraries entitled to receive copy of state laws.
The state libraries shall receive copies of the session laws, compilations, or codifications as
follows:
1. The supreme court law library, five copies.
2. The law library of the state university and the school of mines, fifty copies.
3. The library in each state institution of higher education and junior college which
receives state support, one copy.
46-04-03. Distribution of session laws, compilations, and codifications by secretary of
state.
The secretary of state, as soon as conveniently can be done after the publication of any
session laws, compilations, or codifications, shall cause copies thereof to be distributed as
provided in sections 46-04-01 and 46-04-02. The secretary of state, in addition, shall furnish to
the legislative assembly such additional copies as are necessary upon resolution of the
respective branches or committees thereof and shall furnish to each member of the legislative
assembly, upon demand therefor, such current volumes of laws as have not been obtained
through service in previous sessions.
46-04-04. Session laws, compilations, and codifications remain property of state.
Except as otherwise provided by law, each copy of laws, compilations, or codifications
furnished to any officer, department, or agency of the state, or to the legislative assembly, its
officers, or committees is and must remain the property of the state and must be surrendered to
the secretary of state or to the recipient's successor in office.
46-04-05. Distribution of session laws, compilations, and codifications to county
officers.
The board of county commissioners of each county, immediately after the publication of any
session laws, codes, or compilations, shall cause a copy thereof to be furnished to the following
county officers:
1. Auditor.
2. State's attorney.
3. Ex officio clerk of court.
4. Sheriff.
If any of the offices legally have been combined in the county, only one copy of the session
laws, codes, or compilations need be furnished for the offices so combined. Provided, however,
that such codifications and copies of the session laws remain the permanent property of the
county.
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46-04-06. Distribution of session
municipalities.
Repealed by S.L. 1951, ch. 275, § 17.
laws,
compilations,
and
codifications
in
46-04-07. Marking session laws, codifications, and compilations - Distinctive color
and wording.
All session laws, compilations, and codifications distributed under sections 46-04-01 to
46-04-04, except those issued to a member of the legislative assembly through service, must be
bound in some distinctive and unusual color, and must be marked plainly in large letters on the
outside covers with the words "Property of the State of North Dakota".
46-04-08. Retention of ownership of session laws, compilations, and codifications
distributed by municipalities.
Each copy of laws, compilations, or codifications distributed by a county or other
municipality forever must remain the property thereof, and, at the end of an officer's term, must
be delivered by each officer to that officer's successor.
46-04-09. Unauthenticated edition of session laws - Distribution.
Repealed by S.L. 1951, ch. 275, § 17.
46-04-10. Duties of secretary of state - Exchange of laws with other states.
The secretary of state may distribute copies of all laws passed by each legislative assembly
and all compilations or codifications of the same, whenever it seems desirable:
1. In exchange for like publications of other states.
2. To replace copies lost or damaged in official use.
3. To provide copies as needed to state officers, boards, commissions, institutions, or
agencies of the state.
4. To provide copies as needed to the national conference of commissioners on uniform
state laws.
46-04-11. Distribution of executive documents.
Repealed by S.L. 1963, ch. 346, § 73.
46-04-12. Distribution of journals.
Copies of the permanent journal must be distributed in accordance with the rules of the
senate and house of representatives of the state of North Dakota.
46-04-13. Secretary of state to furnish documents to state and United States officials.
Repealed by S.L. 1963, ch. 346, § 73.
46-04-14. Secretary of state to forward laws to counties.
As soon as the laws of each session of the legislative assembly are printed and ready for
distribution, the secretary of state shall forward those to which each county is entitled to the
county auditor of the county.
46-04-15. Delivery of laws and documents by county auditor.
The county auditor shall deliver such publications to such persons and institutions as are
entitled to receive them, when requested so to do, and shall take receipts therefor and file the
same in the county auditor's office subject to inspection.
46-04-16. Officers to deliver volumes of laws to successors.
Whenever any person is elected to fill any of the county, township, or district offices in this
state, such person, before taking possession of the office, shall procure from the county auditor
of that person's county a copy of the receipts filed with such auditor by the outgoing officer for
any volumes of the laws of this state. Such copy of the receipt must be exhibited by the person
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so elected to that person's predecessor in office at the time the person assumes the duties of
office, and the person shall require from that predecessor all the volumes of laws which the
predecessor may have received as shown by such receipt. Such officer after having received
from the predecessor the volumes of laws shall make out duplicate receipts of the same, one of
which receipts the person shall give to the predecessor in office and the other of which the
person shall transmit forthwith to the county auditor of the county, who shall file the same in the
auditor's office.
46-04-17. Where laws, journals, and documents preserved.
All copies of the journals, executive documents, and laws which are not distributed under
this title must be preserved in the office of the secretary of state, subject to distribution as
provided by law or rules of the senate and house of representatives.
46-04-18. Secretary of state to sell certain laws.
During the biennium immediately after publication, the secretary of state must sell copies of
the session laws for the cost of publication and handling plus ten percent. In subsequent
bienniums the secretary of state may determine and set a price for the copies of the session
laws not sold in the biennium immediately after their publication. The price set should maximize
the recovery of the cost of publication and handling and minimize the number of volumes
subject to disposal under section 46-04-19. All moneys received under the provisions of this
section must be paid over to the state treasurer and credited to the general fund.
46-04-19. Secretary of state may dispose of laws.
The secretary of state may dispose of all volumes of the laws that are ten or more years old,
except one volume of each that must be retained for historical purposes.
46-04-20. Destruction of public records.
Repealed by S.L. 1971, ch. 512, § 2.
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