N.D. Cent. Code § 43-30-01

Current through 2023 Legislative Sessions

Section 43-30-01 - Definitions

As used in this chapter, unless the context or subject matter otherwise requires:

1. "Board" means the private investigative and security board.

2. "Employee" means an employee under a contract of employment as defined in chapter 34-01, and not an independent contractor as defined by the common-law test.

3. "Executive director" means a person appointed by the board on a full-time or part-time basis to be responsible and accountable to the board for the proper administration of the board's duties.

4. "License" includes a registration issued by the board.

5. "Licensee" includes an individual who is registered by the board.

6. "Private investigative service" means, for a fee, reward, or other consideration, undertaking any of the following acts for the purpose of obtaining information for others:

a. Investigating the identity, habits, conduct, movements, whereabouts, transactions, reputation, or character of any person or organization;

b. Investigating the credibility of persons;

c. Investigating the location or recovery of lost or stolen property, missing persons, owners of abandoned property or escheated property, or heirs to estates;

d. Investigating the origin of and responsibility for libels, losses, accidents, or damage or injuries to persons or property;

e. Investigating the affiliation, connection, or relationship of any person, firm, or corporation with any organization, society, or association, or with any official, representative, or member thereof;

f. Investigating the conduct, honesty, efficiency, loyalty, or activities of employees, persons seeking employment, agents, or contractors and subcontractors;

g. Investigating or obtaining evidence to be used before any authorized investigating committee, board of award, board of arbitration, administrative body, or officer or in preparation for trial of civil or criminal cases; or

h. Investigating the identity or location of persons suspected of crimes or wrongdoing.

7. "Private security service" means furnishing for hire security officers or other persons to:

a. Protect persons or property;

b. Prevent or detect theft or the unlawful taking of goods, wares, or merchandise, or to prevent the misappropriation or concealment of goods, wares, merchandise, money, bonds, stocks, choses in action, notes, or other valuable documents or papers;

c. Control, regulate, or direct the flow of or movements of the public, whether by vehicle or otherwise, to assure protection of private property;

d. Prevent or detect intrusion, unauthorized entry or activity, vandalism, or trespass on private property;

e. Perform the service of a security officer or other person for any of these purposes; or

f. Transport money or negotiable securities to or from a financial institution or between business locations on a regular or daily basis, except for mail delivery.

N.D.C.C. § 43-30-01

Amended by S.L. 2021, ch. 319 (SB 2095),§ 1, eff. 7/1/2021.