North Dakota Code 44-04-17.1 – Definitions
As used in this section through section 44-04-32:
Terms Used In North Dakota Code 44-04-17.1
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Individual: means a human being. See North Dakota Code 1-01-49
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Quorum: The number of legislators that must be present to do business.
- Rule: includes regulation. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- Statute: A law passed by a legislature.
1. “Closed meeting” means all or part of an exempt meeting that a public entity in its discretion has not opened to the public, although any person necessary to carry out or further the purposes of a closed meeting may be admitted.
2. “Closed record” means all or part of an exempt record that a public entity in its discretion has not opened to the public.
3. “Confidential meeting” or “confidential record” means all or part of a record or meeting that is either expressly declared confidential or is prohibited from being open to the public.
4. “Executive session” means all or part of a meeting that is closed or confidential.
5. “Exempt meeting” or “exempt record” means all or part of a record or meeting that is neither required by law to be open to the public, nor is confidential, but may be open in the discretion of the public entity.
6. “Governing body” means the multimember body responsible for making a collective decision on behalf of a public entity. “Governing body” also includes any group of persons, regardless of membership, acting collectively pursuant to authority delegated to that group by the governing body.
7. “Information technology resources” includes data processing hardware and software or technology support services necessary to facilitate a response to a request for electronic records.
8. “Law” includes federal statutes, applicable federal regulations, and state statutes.
9. a. “Meeting” means a formal or informal gathering or a work session, whether in person or through any electronic means, of:
(1) A quorum of the members of the governing body of a public entity regarding public business; or
(2) Less than a quorum of the members of the governing body of a public entity regarding public business, if the members attending one or more of the smaller gatherings collectively constitute a quorum and if the members hold the gathering for the purpose of avoiding the requirements of section 44-04-19.
b. “Meeting” does not include:
(1) A chance or social gathering at which public business is not considered; (2) Emergency operations during a disaster or emergency declared under section 37-17.1-10 or an equivalent ordinance if a quorum of the members of the governing body are present but are not discussing public business as the full governing body or as a task force or working group; (3) The attendance of members of a governing body at meetings of any national, regional, or state association to which the public entity, the governing body, or individual members belong; (4) Training seminars at which no other public business is considered or discussed; and
(5) Administration of examinations by a regulatory board when no other public business is considered or discussed.
c. Notwithstanding subdivisions a and b, as applied to the legislative assembly, “meeting” means any gathering subject to section 14 of article IV of the Constitution of North Dakota.
d. Notwithstanding subdivisions a and b, “meeting” does not include any meeting of the judicial branch or a committee or workgroup of the judicial branch. Such meetings are governed by section 5 of article XI of the Constitution of North Dakota.
10. “Organization or agency supported in whole or in part by public funds” means an organization or agency in any form which has received public funds exceeding the fair market value of any goods or services given in exchange for the public funds, whether through grants, membership dues, fees, or any other payment. An exchange must be conclusively presumed to be for fair market value, and does not constitute support by public funds, when an organization or agency receives a benefit under any authorized economic development program.
11. “Political subdivision” includes any county or city, regardless of the adoption of any home rule charter, and any airport authority, township, school district, park district, rural fire protection district, water resource district, solid waste management authority, rural ambulance service district, irrigation district, hospital district, soil conservation district, recreation service district, railroad authority, or district health unit.
12. “Public business” means all matters that relate or may foreseeably relate in any way to:
a. The performance of the public entity’s governmental functions, including any matter over which the public entity has supervision, control, jurisdiction, or advisory power; or
b. The public entity’s use of public funds.
13. “Public entity” means all:
a. Public or governmental bodies, boards, bureaus, commissions, or agencies of the state, including any entity created or recognized by the Constitution of North Dakota, state statute, or executive order of the governor or any task force or working group created by the individual in charge of a state agency or institution, to exercise public authority or perform a governmental function; b. Public or governmental bodies, boards, bureaus, commissions, or agencies of any political subdivision of the state and any entity created or recognized by the Constitution of North Dakota, state statute, executive order of the governor, resolution, ordinance, rule, bylaw, or executive order of the chief executive authority of a political subdivision of the state to exercise public authority or perform a governmental function; and
c. Organizations or agencies supported in whole or in part by public funds, or expending public funds.
14. “Public funds” means cash and other assets with more than minimal value received from the state or any political subdivision of the state.
15. “Quorum” means one-half or more of the members of the governing body, or any smaller number if sufficient for a governing body to transact business on behalf of the public entity.
16. “Record” means recorded information of any kind, regardless of the physical form or characteristic by which the information is stored, recorded, or reproduced, which is in the possession or custody of a public entity or its agent and which has been received or prepared for use in connection with public business or contains information relating to public business. “Record” does not include unrecorded thought processes or mental impressions, but does include preliminary drafts and working papers. “Record” also does not include records in the possession of a court of this state.
17. “Task force or working group” means a group of individuals who have been formally appointed and delegated to meet as a group to assist, advise, or act on behalf of the individual in charge of a state agency or institution when a majority of the members of the group are not employees of the agency or institution.