Public Use of Capitol Buildings and Grounds
Effective Date: 6/10/1996
Policy Number: 07-96
The following provisions govern the use of the buildings, grounds, and facilities of the Capitol that are under the authority and control of the Facility Management Division of the Office of Management and Budget (referred to collectively as the "Capitol complex") by persons or groups other than state government. This policy does not apply to those portions of the Capitol building under the control of the Legislative Management Committee.
General Policy
- The Capitol complex is primarily for the operation and function of state government and nothing will be permitted which would interfere with those functions.
- The purpose of use of the Capitol complex should be affiliated or connected with a state department or agency. If the request is from a non-state department or agency, they will be asked to seek co-sponsorship or affiliation with a state department or agency.
- The secondary purpose and use of the Capitol complex are as a public place to be enjoyed by the general public, and tourists who visit the Capitol. No activities will be permitted which will harm or destroy the natural, horticultural, or architectural beauty, or will harm the physical condition or safety of the Capitol complex.
- No one will be permitted to sell food items without receiving written permission from Facility Management and obtain a food permit from the City of Bismarck Environmental Health Department, (701) 250-7671.
- No open flame is permitted at the Capitol complex unless you have permission from Facility Management.
- Any entity utilizing the Capitol complex after regular working hours may be required to pay for all additional costs (staff and other incidental costs) associated with the approved function.
- The purpose of the insurance and indemnification requirements defined below is to ensure that, when appropriate, users of the Capitol complex, rather than the North Dakota taxpayers, assume appropriate financial responsibility for their use of the Capitol complex, including responsibility for any injury those users' actions may cause to themselves or third-parties. As the sponsor of an event the user may be held personally liable for such losses. By complying with the insurance requirements specified below, the user will meet the State's requirements, and protect their personal assets in the event of a loss. We recommend that the user check with their insurance agent concerning whether the user already has sufficient coverage in place or readily available.
Individuals may use the grounds, at their own risk, for light recreational purposes, including a pleasant walk or some individualized and small group play.
Requirements
All governmental and nongovernmental entities or parties desiring to use any portion of the Capitol complex for an event must submit a request for the event to Facility Management by completing the online Capitol Use Request - SFN 51410 form. The request should be made at least ten (10) days before the scheduled event, when possible. If the user desires either: 1) to use available state equipment, such as tables and chairs, for an event at the Capitol complex, or 2) to bring equipment to the Capitol complex for an event the group must also complete the equipment portion of the form.
- A request to use any part of the Capitol complex for an event will be approved subject to the following conditions:
- No request for use will be approved if the requested use would interfere with the functions of state government or the conduct of state government business. Approval will not be given or refused based on the content of any speech.
- Requests to use available space in the areas of the Capitol complex open to the general public will be approved on a first-come/first-serve basis when the requested use is not prohibited by this policy.
The individual or group making the request ("the event sponsor'') must agree to maintain the facilities of the Capitol complex in the manner and condition those facilities were in before the event sponsor’s use of those facilities. The event sponsor must agree that, if necessary, the event sponsor will take all actions necessary to return the facilities used to the condition and appearance of those facilities before the event sponsor’s use of the facilities.
Definitions
- "Adequate liability insurance" is defined as general liability insurance that: (a) is in force during the entire term of the proposed event, (b) is from an insurance company or government self-insurance pool authorized to do business in North Dakota, (c) covers personal injury, death and property damage, (d) names by endorsement the State of North Dakota, its agencies, officers, and employees as additional insureds, for the cost of defense, including all expenses and attorney fees and (e) has limits of liability of at least $500,000 per person and $2,000,000 per occurrence. If the event sponsor is an employer, evidence of compliance with state law for workers compensation will be required. Any attorney representing the state must first be appointed as a special assistant attorney general.
- "Equipment" includes, but is not limited to, tables, chairs, drop cords, podiums, music stands, bleachers, and display equipment and materials as well as stationary electronic equipment, sound equipment, and lighting equipment. "Equipment" does not include portable audio, video, lighting, or electronic equipment that the user does not intend to leave in one place for an extended period of time.
- "Event" is defined as an organized activity involving one or more persons participating in a performance, presentation, show, demonstration, exhibit, exposition, display, party, or similar activity.
- "Capitol complex" includes the Judicial Wing Office Building; the State Office Building; and the Liberty Memorial Building, and the Capitol grounds, (referred to collectively as the "Capitol complex")
Signed copies of policies may be requested from Facility Management by sending an email to facmgt@nd.gov.