North Dakota Senate Bill SB2090

North Dakota 2025-2026 Regular Session

• Introduced: 1/7/25
• Refer: 1/7/25
• Report Pass: 1/17/25
• Engrossed: 1/21/25
• Refer: 2/13/25
• Report Pass: 3/7/25
• Enrolled: 3/20/25
• Passed: 3/24/25

Caption

AN ACT to amend and reenact section 18-01-02, subsection 1 of section 18-01-03.1, sections 18-01-06, 18-01-07, 23-15-04, and 54-12-01 of the North Dakota Century Code, relating to updating language for the state fire marshal department and to the attorney general's authority to appoint the state fire marshal; to repeal sections 18-01-35 and 18-01-36 of the North Dakota Century Code, relating to fund fees collected by the state fire marshal department; and to provide for a retroactive application.

Summary

SB 2090 makes a series of mostly technical and administrative updates to North Dakota law governing the state fire marshal and related fire safety enforcement. It modernizes terminology throughout Chapter 18-01, replacing older references with current language such as “fire and life safety systems,” updating reporting timelines and reporting formats, and aligning fire incident reporting with the national fire incident reporting/emergency response information system. The bill also clarifies that the state fire marshal and deputies may inspect certain facilities under Department of Health and Human Services rules and may charge inspection fees set by administrative rule. The bill also revises the licensing and fee provisions for fireworks distributors and retailers, including where those fees are deposited, and it updates the attorney general statute to expressly provide that the attorney general appoints and supervises the state fire marshal department. In addition, SB 2090 repeals two sections of the Century Code dealing with fire marshal fund fees and provides that the attorney general-related amendment applies retroactively to cases arising after July 31, 2023.

Impact

SB 2090 affects several areas of state law, primarily Chapter 18-01 governing the state fire marshal, Chapter 23-15 governing fireworks, and Chapter 54-12 governing the attorney general. It changes reporting duties for fire incidents, inspection fee handling, and fee deposit destinations, while also removing obsolete fee provisions. The bill does not create a new regulatory program so much as it reorganizes and updates existing authority, with practical effects on the fire marshal’s office, local fire officials, fireworks license holders, and the attorney general’s supervisory role over the fire marshal department.

Sentiment

The bill appears to have been broadly noncontroversial and received strong support in both chambers. The recorded votes were overwhelmingly favorable, including unanimous or near-unanimous Senate action and a large House majority, which suggests general agreement that the measure was a housekeeping and modernization bill rather than a major policy change. No committee transcript was provided, and there is no indication of significant opposition in the available materials.

Contention

The main points that could draw attention are the reassignment and clarification of fee deposits, the repeal of older fire marshal fund-fee sections, and the retroactive application of the attorney general appointment/supervision language to cases after July 31, 2023. Those provisions could matter to the fire marshal department, the insurance regulatory trust fund, and any parties affected by the attorney general’s authority over the office. However, the available voting history suggests these issues did not generate substantial controversy.