d. Local emergency planning committee members

Sixtieth Legislative Assembly 1 g. The state hazardous chemicals fee system does not supersede a city fee 2 system for hazardous chemicals. 3 SECTION 7. AMENDMENT. Subsection 3 of section 37-17.1-11 of the North Dakota 4 Century Code is amended and reenacted as follows: 5 3. If the division of homeland security determines, in coordination with lead and 6 support aaencies. on the basis of the studies or other competent evidence, that an 7 area is susceptible to a disaster of catastrophic proportions without adequate 8 warning; existing building standards and land use controls in that area are 9 inadequate and could add substantially to the magnitude of the disaster or 10 emergency; and changes in zoning regulations, other land use regulations, or 11 building requirements are needed in order to further the purposes of this section, it 12 shall specify the essential changes to the governor. If the governor, upon review 13 of the determination, finds after public hearing, that the changes are essential, the 14 governor shall so recommend to the agencies or local governments with 15 jurisdiction over that area and subject matter. If no action or insufficient action 16 pursuant to the governor's recommendations is taken within the time specified by 17 the governor, the governor shall so inform the legislative assembly and request 18 legislative action appropriate to mitigate the impact of the disaster or emergency. 19 SECTION 8. AMENDMENT. Subsection 1 of section 37-17.1-12 of the North Dakota 20 Century Code is amended and reenacted as follows: 21 1. Persons within this state shall conduct themselves and keep and manage their 22 affairs and property in ways that will reasonably assist and will not unreasonably 23 detract from the ability of the state and the public to effectively prevent. mitigate, 24 prepare for, respond to, and recover from a disaster or emergency. This obligation 25 includes appropriate personal service and use or restriction on the use of property 26 in time of disaster or emergency. This chapter neither increases nor decreases 27 these obligations but recognizes their existence under the Constitution of North 28 Dakota and statutes of this state and the common law. Compensation for services 29 or for the taking or use of property must be only to the extent that obligations 30 recognized herein are exceeded in a particular case and then only to the extent Page No. 8 78078.0300