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.
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