§ 54-06-37 — Authorization to purchase or lease aircraft - Legislative assembly or budget section approval - Exception

section approval - Exception.
1. As used in this section, "airworthy" means an aircraft conforms to its type design and
is in a condition for safe operation.
2. Except as otherwise provided in subsections 3 and 4, a state agency or other entity of
state government may not purchase or lease a manned aircraft without specific
authorization from the legislative assembly or the budget section if the legislative
assembly is not in session. Any request considered by the budget section must comply
with section 54-35-02.9.
3. In an emergency circumstance, a state agency, department, or institution may lease a
manned aircraft without approval from the legislative assembly or the budget section if
an aircraft currently leased or owned by the state agency, department, or institution is
not airworthy. The emergency lease under this subsection may extend only until the
aircraft deemed not airworthy is determined to be airworthy.
4. A state agency, department, or institution may purchase a replacement aircraft without
approval from the legislative assembly or the budget section if an aircraft is destroyed
beyond repair and only insurance proceeds are used for the purchase of the
replacement aircraft. If the purchase price of a replacement aircraft exceeds the
insurance proceeds, the state agency, department, or institution must receive
authorization in accordance with subsection 2.
5. This section does not apply to aircraft purchased or leased by the office of the adjutant
general or the university of North Dakota school of aviation.