54-01-01. Original and ultimate title to all property in state.

The original and ultimate right to all property, real or personal, within the limits of this state is in the state.

Source: R.C. 1895, § 6; R.C. 1899, § 6; R.C. 1905, § 6; C.L. 1913, § 8; R.C. 1943, § 54-0101.

Cross-References.

Sovereignty of state in space over the lands and waters, see N.D.C.C. § 2-03-02.

54-01-02. When property escheats.

All property, real and personal, within the limits of this state, which does not belong to any person or to the United States, belongs to the state. Whenever the title to any property fails for want of heirs or next of kin, it reverts to the state.

Source: R.C. 1895, § 7; R.C. 1899, § 7; R.C. 1905, § 7; C.L. 1913, § 9; R.C. 1943, § 54-0102.

Cross-References.

Control of lands falling to state by escheat, see N.D.C.C. § 15-01-02.

Disposition of proceeds from property falling to state by escheat, see N.D. Const., Art. IX, § 1.

Estates of residents of veterans’ home, see N.D.C.C. §§ 37-15-16 to 37-15-18.

Intestate estate passing to state in absence of taker, see N.D.C.C. § 30.1-04-05.

State ownership of property which has no other owner, see N.D.C.C. § 47-01-10.

Uniform Unclaimed Property Act, see N.D.C.C. § 47-30.1-01 et seq.

54-01-02.1. Unclaimed funds defined. [Repealed]

Repealed by S.L. 1975, ch. 425, § 29.

54-01-02.2. Notice of unclaimed funds. [Repealed]

Repealed by S.L. 1975, ch. 425, § 29.

54-01-02.3. Disposal of unclaimed funds. [Repealed]

Repealed by S.L. 1975, ch. 425, § 29.

54-01-03. State may acquire property by taxation.

The state may acquire property by taxation in the modes authorized by law.

Source: R.C. 1895, § 8; R.C. 1899, § 8; R.C. 1905, § 8; C.L. 1913, § 10; R.C. 1943, § 54-0103.

Cross-References.

Taxation, see title 57.

54-01-04. State may acquire property by right of eminent domain.

The state may acquire or authorize others to acquire title to property, real or personal, for public use in the cases and in the modes provided by law.

Source: R.C. 1895, § 9; R.C. 1899, § 9; R.C. 1905, § 9; C.L. 1913, § 11; R.C. 1943, § 54-0104.

Cross-References.

Eminent domain, see N.D.C.C. ch. 32-15.

Collateral References.

Right to condemn property in excess of needs for a particular public purpose, 6 A.L.R.3d 297.

Substitute condemnation: Power to condemn property or interest therein to replace other property taken for public use, 20 A.L.R.3d 862.

Eminent domain: Right to enter land for preliminary survey or examination, 29 A.L.R.3d 1104.

Power of eminent domain as between state and subdivision or agency thereof, or as between different subdivisions or agencies themselves, 35 A.L.R.3d 1293.

Eminent domain: Validity of “freezing” ordinances or statutes preventing prospective condemnee from improving, or otherwise changing, the condition of his property, 36 A.L.R.3d 751.

Propriety of court’s consideration of ecological effects of proposed project in determining right of condemnation, 47 A.L.R.3d 1267.

Eminent domain: Validity of appropriation of property for anticipated future use, 80 A.L.R.3d 1085.

54-01-05. State may acquire property by eminent domain for state institution.

The state, by the exercise of the right of eminent domain, may acquire, for the use of any state institution or state industry, any property necessary:

1. To the maintenance or expansion of such institution;
2. To the acquirement of any of the essentials of the existence of such institution or industry;
3. To the operation of such institution or industry;
4. To the health, safety, or support of any inmates of such institution; or
5. To the protection or care of the property of such institution or industry.

The proceedings for the acquirement of any such property must be prosecuted by the attorney general in the name of the state as plaintiff and must be governed by the provisions of chapter 32-15 applicable to condemnation proceedings.

Source: S.L. 1925, ch. 139, §§ 1, 2; 1925 Supp., §§ 11a1, 11a2; R.C. 1943, § 54-0105.

54-01-05.1. State-owned land — How transferred.

Real property held in the name of the state of North Dakota for the use and benefit of any department or agency thereof may be transferred and conveyed by quitclaim deed executed in the name of the state of North Dakota by the governor and attested by the secretary of state.

Source: S.L. 1951, ch. 302, § 1; R.C. 1943, 1957 Supp., § 54-01051.

54-01-05.2. Sale of state-owned land — Notice.

Except as provided by section 54-01-05.5, whenever any department or agency of the state other than the board of university and school lands, the housing finance agency, and the Bank of North Dakota is authorized to sell such real property, the property must be sold for cash by the county auditor or other person designated by the department or agency concerned at public auction at the front door of the courthouse in the county in which the property lies. A notice of sale must have been published in the official newspaper of the county in which the property lies for three successive weeks, with the last publication not less than ten days before the day of sale. The notice must be given in the name of the administrative head of the department or agency concerned and must state the place, day, and hour of the sale, the description of the real property to be sold, the appraised value, and that the state reserves the right to reject any and all bids. No land may be sold at auction for less than the appraised value. In addition to the purchase price at auction, the buyer must pay the cost of preparing the land for sale. For a land sale or exchange when the value of the land is not more than one hundred thousand dollars, one appraisal must be obtained, and when the value of the land is in excess of one hundred thousand dollars, two appraisals must be obtained. If more than one appraisal is obtained, the appraised value of the land is the average of the two appraisals. If no bid is received on the land at public auction, the land may be sold for not less than ninety percent of the appraised value.

Source: S.L. 1951, ch. 302, § 2; R.C. 1943, 1957 Supp., § 54-01052; S.L. 1981, ch. 516, § 3; 1983, ch. 82, § 123; 1985, ch. 557, § 1; 1991, ch. 561, § 2.

Cross-References.

Archaeological and paleontological materials reserved, see N.D.C.C. § 55-03-06.

54-01-05.3. Attorney general to review bills providing for sale of land — Commissioner of university and school lands to render opinion on land use. [Repealed]

Repealed by S.L. 1981, ch. 516, § 4.

54-01-05.4. Impact analysis — Governor to require. [Repealed]

Repealed by S.L. 1981, ch. 515, § 1.

54-01-05.5. Bills authorizing sale or exchange of state-owned land — Written report — Assessment.

1. The supervising agency, board, commission, department, or institution owning or controlling land proposed by a bill introduced in the legislative assembly to be sold or exchanged shall prepare a written report that includes:
   1. An analysis of the type of land involved.
   2. A determination whether the land is needed for present or future uses of the agency, board, commission, department, or institution.
   3. A description of the party or parties, if known, who are interested in the land and the purposes for which the land is desired.
   4. A map showing the boundaries of the land proposed to be sold or exchanged and the purposes for which the adjacent lands are used.
2. The commissioner of university and school lands shall review each legislative bill proposing the sale or exchange of state-owned land and the written report from the supervising agency, board, commission, department, or institution. The commissioner may provide a written assessment to the standing committee of the legislative assembly to which the bill is initially referred concerning the proposed land sale or exchange and, in doing so, shall consider the “highest and best use” of the land as defined by section 15-02-05.1.
3. The commissioner may adopt rules to provide for administration of this section.

Source: S.L. 1981, ch. 516, § 1; 1983, ch. 82, § 124; 1991, ch. 561, § 3; 2017, ch. 122, § 3, effective August 1, 2017.

54-01-06. Jurisdiction over property in state — Limitations.

The sovereignty and jurisdiction of this state extend to all places within its boundaries as established by the constitution, but the extent of such jurisdiction over places that have been or may be ceded to, or purchased or condemned by, the United States, is qualified by the terms of such cession or the laws under which such purchase or condemnation has been or may be made.

Source: R.C. 1895, § 2; R.C. 1899, § 2; R.C. 1905, § 2; C.L. 1913, § 2; R.C. 1943, § 54-0106.

Cross-References.

Jurisdiction of military reservations ceded to United States, see N.D. Const., Art. XIII, § 2.

54-01-07. Legislative consent to purchase of lands by United States — Jurisdiction. [Repealed]

Repealed by S.L. 1981, ch. 518, § 2.

54-01-08. Jurisdiction ceded to lands acquired by United States for military post.

Jurisdiction is ceded to the United States over any tract of land that may be acquired by the United States on which to establish a military post. Legal process, civil and criminal, of this state, extends over all land acquired by the United States to establish a military post in any case in which exclusive jurisdiction is not vested in the United States, and in any case where the crime is not committed within the limits of such reservation.

Source: R.C. 1895, § 4; R.C. 1899, § 4; R.C. 1905, § 4; C.L. 1913, § 4; R.C. 1943, § 54-0108.

Cross-References.

Jurisdiction of military reservations ceded to United States, see N.D. Const., Art. XIII, § 2.

54-01-09. Ceding to the United States exclusive jurisdiction over certain lands which are part of the Fort Lincoln military reservation.

Exclusive jurisdiction is ceded to the United States over the following tracts of land which were reserved from the public domain and set apart for military purposes as additions to the Fort Lincoln military reservation by executive orders of the President of the United States dated May 17, 1899, June 8, 1901, and January 17, 1907:

Lots two, three, and four, section ten, township one hundred thirty-seven north, range eighty west, and lots eleven and thirteen, section thirty-four, township one hundred thirty-eight north, range eighty west of the fifth principal meridian, situated in Burleigh County, and all accretions thereto.

Jurisdiction over the above-described lands is ceded upon the express condition that all civil process issued from the courts of this state, and such criminal process as may issue under the authority of this state against any person charged with crime committed within the jurisdiction of this state, may be served and executed thereon in the same manner and by the same officers as if this section had not been enacted.

Source: S.L. 1939, ch. 217, § 1; R.C. 1943, § 54-0109.

54-01-09.1. State offenses — Concurrent jurisdiction ceded to the United States. (See note for effective date)

Concurrent jurisdiction is hereby ceded to the United States over offenses, as defined in section 12.1-01-04, when committed within boundaries of the tracts of land designated as:

1. Theodore Roosevelt national park.
2. Fort Union trading post national historic site.
3. Knife River Indian villages national historic site.

Note.

Section 2 of chapter 647, S.L. 1991, amends this section, effective on the date the governor certifies to the secretary of state and to the state historical board that the Congress of the United States has enacted legislation accepting the transfer of the Fort Totten state historic site to the United States for inclusion in the national park system as a national historic site, and provides that the secretary of state shall forward a copy of the governor’s certification to the legislative council, with a notation indicating the effective date of the act. As amended, the section will read as set out in the second version above.

54-01-09.1. State offenses — Concurrent jurisdiction ceded to the United States. [Contingent effective date – See note]

Concurrent jurisdiction is ceded to the United States over offenses, as defined in section 12.1-01-04, when committed within the boundaries of the tracts of land designated as:

1. Theodore Roosevelt national park.
2. Fort Union trading post national historic site.
3. Knife River Indian villages national historic site.
4. Fort Totten national historic site.

Source: S.L. 1981, ch. 517, § 1; 1991, ch. 647, § 2.

54-01-09.2. Concurrent jurisdiction — Vested upon acceptance.

The concurrent jurisdiction ceded by section 54-01-09.1 is vested upon acceptance by the United States by and through its appropriate officials and continues so long as the lands within the designated areas are dedicated to park or historic site purposes.

Source: S.L. 1981, ch. 517, § 2.

54-01-09.3. Retrocession of jurisdiction — Acceptance — Filing.

1. The consent of North Dakota is hereby given to the retrocession by the United States of the jurisdiction granted by section 54-01-09.1, either partially or wholly. A partial retrocession may be with respect to particular territory or particular offenses, or both. The governor is authorized to accept any such retrocession of jurisdiction on behalf of North Dakota.
2. When the governor receives written notification from the authorized official or agent of the United States that the United States desires or is willing to retrocede jurisdiction to North Dakota as provided in subsection 1, the governor may accept, and after filing the original acceptance with the secretary of state, the retrocession of jurisdiction will become effective.

Source: S.L. 1981, ch. 517, § 3.

54-01-10. State may accept military and Indian reservations.

The state of North Dakota may accept from the United States any military reservation or Indian school reservation, and all property connected with either, that the United States may cede or transfer to the state, subject to any conditions and requirements which Congress may impose.

Source: S.L. 1913, ch. 210, § 1; C.L. 1913, § 5; R.C. 1943, § 54-0110.

54-01-10.1. Acceptance of Fraine Barracks.

The state of North Dakota hereby accepts from the United States of America the lands and improvements comprising the Bismarck Indian school plant, as authorized by Public Law 78-502, which must hereafter be known as “Fraine Barracks” in honor of the late Brigadier General John A. Fraine.

Source: S.L. 1945, ch. 232, § 1; R.C. 1943, 1957 Supp., § 54-01101.

54-01-11. Who has charge of property ceded by United States to state.

When any military reservation or Indian school reservation is ceded to the state of North Dakota by the United States, the director of the office of management and budget shall take charge of and care for the property until otherwise provided by law. The governor shall receipt to the United States for any personal property transferred to the state.

Source: S.L. 1913, ch. 210, § 2; C.L. 1913, § 6; R.C. 1943, § 54-0111; S.L. 1991, ch. 592, § 28.

54-01-12. Exchange of lands on Indian reservation between state and federal government.

The state of North Dakota, through its several departments and agencies, may exchange tracts and sections of land on Indian reservations within the state, belonging to the state of North Dakota, and not a part of the original grant of land to the state provided in the Enabling Act, for lands of like character and value belonging to the United States government on Indian reservations within this state. Such exchange is subject to the approval of the appropriate department of the federal government and the lands must be appraised in the manner provided by law. The state also may execute and deliver proper conveyances of such land in the manner and form provided by law, without the necessity of complying with any statute requiring notice of exchange or competitive bidding, and it may accept in return therefor a proper instrument of conveyance to the state of the lands for which such state lands are exchanged.

Source: S.L. 1939, ch. 216, § 1; R.C. 1943, § 54-0112.

54-01-13. Exchange of lands on Fort Berthold reservation.

The state of North Dakota, through its several departments and agencies, is hereby authorized and empowered to exchange tracts, sections, and parcels of land located within the diminished borders of Fort Berthold reservation belonging to the state of North Dakota and not a part of the original grant of lands to the state provided for in the Enabling Act, for lands of like character and value belonging to the United States government located outside of the diminished borders of said Fort Berthold reservation. Such exchange is subject to the approval of the proper department of the federal government, and such lands must be appraised as provided by law in the case of sale of real property owned by the state. The state also may execute and deliver proper conveyances of such land in the manner and form provided by law, without the necessity of complying with any statute requiring the giving of notice of exchange or competitive bidding, and may accept in return therefor a proper instrument of conveyance to the state of North Dakota of the land for which such lands are exchanged.

Source: S.L. 1943, ch. 194, § 1; R.C. 1943, § 54-0113.

54-01-13.1. Exchange of lands within Theodore Roosevelt National Park.

The state of North Dakota is hereby authorized to transfer and convey to the United States of America any lands situated within the Theodore Roosevelt National Park in the county of Billings, state of North Dakota, including state school lands and lands held by the state historical society or for the use and benefit of the state game and fish department, such transfer and conveyance to be made in exchange for federal lands of not less than equal value situated outside of the Theodore Roosevelt National Park.

Source: S.L. 1949, ch. 310, § 1; R.C. 1943, 1957 Supp., § 54-01131; 2001, ch. 503, § 10.

54-01-13.2. Appraisal.

The lands to be conveyed to the United States of America and also the lands to be taken in exchange therefor, under the provisions of section 54-01-13.1, must be appraised by the county superintendent of schools, the county auditor, and the chairman of the board of county commissioners in the county where the land is situated, at its fair market value, but no state school lands may be appraised and valued at less than ten dollars per acre [.40 hectare]. The county director of tax equalization shall serve as an assistant in making the appraisals.

Source: S.L. 1949, ch. 310, § 2; R.C. 1943, 1957 Supp., § 54-01132; S.L. 1983, ch. 186, § 2.

54-01-13.3. Conveyance.

Conveyances made under section 54-01-13.1 to the United States of America of state school lands must be executed in the same form and manner as now provided by law for the sale and conveyance of state school lands and conveyance by the state of other lands under the provisions of section 54-01-13.1 must be executed on behalf of the state of North Dakota by the governor and attested by the secretary of state.

Source: S.L. 1949, ch. 310, § 3; R.C. 1943, 1957 Supp., § 54-01133.

Cross-References.

Sale of school lands, see N.D.C.C. chs. 15-06, 15-07, N.D.C.C. § 15-08-05.

State lands may be conveyed to United States free of mineral reservations, see N.D.C.C. § 38-09-01.1.

54-01-14. Lease of land to northern great plains dairy station — When to terminate.

The lease of all of section nine in township one hundred thirty-eight north, range eighty-one west of the fifth principal meridian in Morton County, North Dakota to the United States northern great plains dairy station for a term of ninety-nine years as provided by chapter 28 of the 1929 Session Laws, terminates if the land ceases to be used for experimental dairy uses and purposes and if the lessee ceases to maintain its experimental dairy station as now located in Morton County, North Dakota.

Source: S.L. 1929, ch. 28, §§ 1, 2; R.C. 1943, § 54-0114.

54-01-15. Acquisition of national forest lands by United States — Jurisdiction of state over such lands.

The United States may, with the specific consent of the legislative assembly as to each tract acquired, acquire, by purchase, gift, or condemnation with adequate compensation, such lands in North Dakota as in the opinion of the federal government may be needed for the establishment of national forests. The state shall retain a concurrent jurisdiction with the United States in and over lands so acquired to the extent that civil process in all cases, and such criminal process as may issue under the authority of the state against any person charged with the commission of any crime without or within said jurisdiction, may be executed thereon in like manner as if this section had not been enacted. The legislative consent required by this section must be in the form of a duly enacted bill.

Source: S.L. 1933, ch. 187, § 1; R.C. 1943, § 54-0115; S.L. 1981, ch. 518, § 1.

54-01-16. Power of Congress to make rules governing land acquired for national forests.

Power is conferred upon the Congress to pass such laws and to make or provide for the making of such rules and regulations, of both civil and criminal nature, and to provide punishment therefor, as in its judgment may be necessary for the administration, control, and protection of such lands as from time to time may be acquired by the United States under the provisions of section 54-01-15.

Source: S.L. 1933, ch. 187, § 2; R.C. 1943, § 54-0116.

54-01-17. Right of way over state lands. [Repealed]

Repealed by S.L. 1995, ch. 435, § 2.

54-01-17.1. Granting easements to state-owned land — Procedure.

A state agency may, when it deems such action to be in the best interest of the state, grant easements upon or across any real property which it administers and which is owned by the state for the use or benefit of a state institution under its jurisdiction.

Any property rights transferred under the authority of this section must be transferred and conveyed by quitclaim instrument or easement executed in the name of the state of North Dakota by the governor and attested by the secretary of state. Such quitclaim instrument or easement must contain specific legal descriptions of the property right transferred and the location thereof.

Upon the granting of an easement under the authority of this section any proceeds must be used in the following manner:

1. If the property is the subject of a devise, legacy, bequest, or gift to the institution the proceeds of the easement are subject to the provisions of sections 1-08-02 and 1-08-04.
2. If the property is not subject to sections 1-08-02 and 1-08-04, the proceeds of the easement must be deposited in the special operating fund of the institution or, if no such operating fund then exists, such proceeds must be deposited in the general fund in the state treasury.

Source: S.L. 1973, ch. 406, § 1.

54-01-17.2. North Dakota-Saskatchewan-Manitoba boundary advisory committee. [Repealed]

Repealed by S.L. 1995, ch. 489, § 1.

54-01-18. All persons within the state subject to its jurisdiction and entitled to protection.

Every person while within this state is subject to its jurisdiction and entitled to its protection.

Source: R.C. 1895, § 13; R.C. 1899, § 13; R.C. 1905, § 13; C.L. 1913, § 15; R.C. 1943, § 54-0118.

54-01-19. Rights of state over persons enumerated.

The state has the following rights over persons within its limits, to be exercised in the cases and in the manner provided by law:

1. To punish for crime.
2. To imprison or confine for the protection of the public peace or health or of individual life or safety.
3. To imprison or confine for the purpose of enforcing civil remedies.
4. To establish custody and restraint for the persons of unsound mind dangerous to themselves or society.
5. To establish custody and restraint of paupers for the purpose of their maintenance.
6. To establish custody and restraint of minors unprovided for by natural guardians for the purpose of their education, reformation, and maintenance.
7. To require services of persons, with or without compensation, as follows:
   1. In military duty;
   2. In jury duty;
   3. As witnesses;
   4. As township officers;
   5. In highway labor;
   6. In maintaining the public peace;
   7. In enforcing the service of process;
   8. In protecting life and property from fire, pestilence, wreck, or flood; and
   9. In such other cases as are provided by law.

Source: R.C. 1895, § 5; R.C. 1899, § 5; R.C. 1905, § 5; C.L. 1913, § 7; R.C. 1943, § 54-0119; S.L. 1967, ch. 214, § 26.

54-01-20. The people defined.

The people, as a political body, consist of:

1. Citizens who are electors; and
2. Citizens not electors.

Source: R.C. 1895, § 10; R.C. 1899, § 10; R.C. 1905, § 10; C.L. 1913, § 12; R.C. 1943, § 54-0120.

54-01-21. Citizens defined.

The citizens of the state are all persons who are citizens of the United States of America and who are bona fide residents of the state of North Dakota.

Source: R.C. 1895, § 11; R.C. 1899, § 11; R.C. 1905, § 11; C.L. 1913, § 13; S.L. 1941, ch. 235, § 1; R.C. 1943, § 54-0121.

Cross-References.

Citizens of United States, see U.S. Const. Amend. 14.

54-01-22. Persons not citizens.

Persons in this state who are not its citizens are either:

1. Citizens of other states; or
2. Aliens.

Source: R.C. 1895, § 16; R.C. 1899, § 16; R.C. 1905, § 16; C.L. 1913, § 18; R.C. 1943, § 54-0122.

54-01-23. Duty of citizens — Allegiance defined — How renounced.

Allegiance is the obligation of fidelity and obedience which every citizen owes to the state. Allegiance may be renounced by a change of residence.

Source: R.C. 1895, §§ 14, 15; R.C. 1899, §§ 14, 15; R.C. 1905, §§ 14, 15; C.L. 1913, §§ 16, 17; R.C. 1943, § 54-0123.

54-01-24. Rights and duties of citizens not electors.

An elector has no rights or duties beyond those of a citizen not an elector, except the right and duty of holding and electing to office.

Source: R.C. 1895, § 18; R.C. 1899, § 18; R.C. 1905, § 18; C.L. 1913, § 20; R.C. 1943, § 54-0124.

54-01-25. Rights and duties of citizens of other states.

A citizen of the United States who is not a citizen of this state has the same rights and duties as a citizen of this state who is not an elector.

Source: R.C. 1895, § 19; R.C. 1899, § 19; R.C. 1905, § 19; C.L. 1913, § 21; R.C. 1943, § 54-0125.

54-01-26. Residence — Rules for determining.

Every person has in law a residence. In determining the place of residence, the following rules must be observed:

1. It is the place where one remains when not called elsewhere for labor or other special or temporary purpose and to which the person returns in seasons of repose.
2. There can be only one residence.
3. A residence cannot be lost until another is gained.
4. The residence of the supporting parent during the supporting parent’s life, and after the supporting parent’s death, the residence of the other parent is the residence of the unmarried minor children.
5. An individual’s residence does not automatically change upon marriage, but changes in accordance with subsection 7. The residence of either party to a marriage is not presumptive evidence of the other party’s residence.
6. The residence of an unmarried minor who has a parent living cannot be changed by either that minor’s own act or that of that minor’s guardian.
7. The residence can be changed only by the union of act and intent.

Source: R.C. 1895, § 12; R.C. 1899, § 12; R.C. 1905, § 12; C.L. 1913, § 14; R.C. 1943, § 54-0126; S.L. 1967, ch. 158, § 103; 1983, ch. 172, § 52.

Cross-References.

Divorce actions, presumption of domicile inapplicable, see N.D.C.C. § 14-05-18.

54-01-27. Lease of state-owned property.

Notwithstanding any other provision of law, the state, or any agency or institution of the state, may enter agreements to lease all or part of, or an undivided or other interest in, any real or personal property belonging to the state, or any agency or institution of the state, to and, or, from any agency or institution of the state or any person for such compensation and upon such terms and conditions as the parties under such agreement may stipulate. Such agreements must be authorized by the board, if any, or commissioner or other executive officer of the commission, agency, or institution holding, controlling, possessing, or owning the property or on whose behalf the property is held. For purposes of this section, the agreements include any lease, sublease, purchase agreement, lease-purchase agreement, installment purchase agreement, leaseback agreement, or other contract, agreement, instrument, or arrangement pursuant to which any rights, interests, or other property are transferred to, by, or from any party to, by, or from one or more parties, and any related documents entered or to be entered, including any operating agreement, service agreement, indemnity agreement, participation agreement, loan agreement, or payment undertaking agreement entered as part of a long-term lease and leaseback transaction. A lease obligation under this section may not exceed a term of ninety-nine years. A lease obligation entered into under this section is payable solely from revenues to be derived by the state, or any agency or institution of the state, from the ownership, sale, lease, disposition, and operation of the property; any funds or investments permitted under state law, and any earnings thereon, to the extent pledged therefor; revenues to be derived by the state, or any agency or institution of the state, from any support and operating agreement, service agreement, or any other agreement relating to the property; funds, if any, appropriated annually by the legislative assembly or received from federal sources; and income or proceeds from any collateral pledged or provided therefor. A lease obligation under this section does not constitute an indebtedness of the state, or any agency or institution of the state, or a pledge of the full faith and credit or unlimited taxing resources of the state, or any agency or institution of the state. Notwithstanding any other law, the state, or any agency or institution of the state, may solicit and accept one or more proposals for a lease transaction, including the arrangement thereof, under this section, and accept any proposal that is determined to be in the public interest. The public finance authority, on behalf of the state, or any agency or institution of the state, may do and perform any acts and things authorized by this section, including making, entering, and enforcing all contracts or agreements necessary, convenient, or desirable for the purposes of this section.

Source: S.L. 2003, ch. 342, § 11; 2005, ch. 89, § 31; 2009, ch. 456, § 1.

54-01-28. Northern plains national heritage area — Use of state funds and property prohibited unless approved by legislative assembly.

State funds may not be expended or transferred from state agencies to match federal moneys for the northern plains national heritage area or any similar or successor designated areas without the approval of the legislative assembly. State lands, water, property, or facilities may not be included in the designated northern plains national heritage area or any similar or successor designated areas without the approval of the legislative assembly. No further lands, water, property, or facilities may be designated as heritage areas within this state without the approval of the legislative assembly.

Source: S.L. 2011, ch. 383, § 1.

54-01-29. Prohibition on the purchase of certain real property and easements with public funds.

A governmental entity may not provide funds through grant, contract, or other agreement to a nongovernmental entity that is a nonprofit organization for the purpose of holding any interest in real property or an easement for wildlife or conservation purposes. This section does not apply to a governmental entity in a partnership with a nongovernmental entity, if the governmental entity derives a benefit from the partnership. In addition, the recipient of these funds is subject to civil action by any person for the return of any public funds used by the recipient for any of the same purposes.

Source: S.L. 2015, ch. 365, § 1, effective August 1, 2015.

Effective Date.

This section became effective August 1, 2015.

54-01-29.1. Federal legislation encouraged to return lands and mineral rights to the state of North Dakota.

Uplands of the Oahe Reservoir in Emmons and Morton Counties in North Dakota above the elevation of 1,620 feet [493.78 meters] are defined as excess lands to the operation of the Oahe Dam. The North Dakota legislative assembly encourages Congress to pass federal legislation to return those lands and mineral rights to the state of North Dakota and the North Dakota legislative assembly encourages the governor of North Dakota to work with the North Dakota congressional delegation and Congress to secure enactment of necessary federal legislation.

History. S.L. 2015, ch. 365, § 1, effective August 1, 2015.

Effective Date.

This section became effective August 1, 2015.

54-01.1-01. Declaration of policy.

The purpose of this chapter is to establish a uniform policy for the fair and equitable treatment of persons displaced as a direct result of programs or projects undertaken by a state agency so that displaced persons will not suffer disproportionate injuries as a result of programs and projects designed for the benefit of the public as a whole and to minimize the hardship of displacement by the acquisition of real property by state and local land acquisition programs, by federally assisted building code enforcement programs, or by a program of voluntary rehabilitation of buildings or other improvements conducted pursuant to governmental supervision. The policy must be uniform as to:

1. Relocation payment;
2. Advisory assistance;
3. Assurance of availability of standard housing; and
4. State reimbursement for local relocation payments under state-assisted and local programs.

Source: S.L. 1973, ch. 407, § 1; 1989, ch. 627, § 1.

Collateral References.

Validity, construction, and application of state relocation assistance laws, 49 A.L.R.4th 491.

54-01.1-02. Definitions.

As used in this chapter:

1. “Business” means any lawful activity, excepting a farm operation, conducted primarily:
   1. For the purchase, sale, lease, and rental of personal and real property and for the manufacture, processing, or marketing of products, commodities, or any other personal property;
   2. For the sale of services to the public;
   3. By a nonprofit organization; or
   4. For the purposes of subsection 1 of section 54-01.1-03, for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display or displays, whether or not such display or displays are located on the premises on which any of the above-mentioned activities are conducted.
2. “Comparable replacement dwelling” means any dwelling that is:
   1. Decent, safe, and sanitary;
   2. Adequate in size to accommodate the occupants;
   3. Within the financial means of the displaced person;
   4. Functionally equivalent;
   5. In the area not subject to reasonably adverse environmental conditions; and
   6. In a location generally not less desirable than the location of the displaced person’s dwelling with respect to public utilities, facilities, services, and the displaced person’s place of employment.
3. “Displaced person”, except as provided in subdivision c, means:
   1. Any person who moves from real property or moves the person’s personal property from real property:
      1. As a direct result of a written notice of intent to acquire or the acquisition of the real property in whole or in part for a program or project undertaken by a displacing agency; or
      2. On which the person is a residential tenant or conducts a small business, a farm operation, or a business defined in subdivision d of subsection 1, as a direct result of rehabilitation, demolition, or other displacing activity the state agency prescribes, under a program or project undertaken by a displacing agency in any case in which the displacing agency determines that the displacement is permanent.
   2. Solely for the purposes of subsections 1 and 2 of section 54-01.1-03 and section 54-01.1-06, any person who moves from real property or moves the person’s personal property from real property:
      1. As a direct result of a written notice of intent to acquire or the acquisition of other real property, in whole or in part, on which the person conducts a business or farm operation, for a program or project undertaken by a displacing agency; or
      2. As a direct result of rehabilitation, demolition, or other displacing activity the state agency prescribes, of other real property on which the person conducts a business or a farm operation, under a program or project undertaken by a displacing agency when the displacing agency determines that the displacement is permanent.
   3. The term “displaced person” does not include:
      1. A person who has been determined, according to criteria established by the state agency, to be either unlawfully occupying the displacement dwelling or to have occupied the dwelling for the purpose of obtaining assistance under this chapter; or
      2. In any case in which the displacing agency acquires property for a program or project, any person, other than a person who was an occupant of such property at the time it was acquired, who occupies the property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project.
4. “Displacing agency” means the state, state agency, or person carrying out a federal or state financially assisted program or project that causes a person to be a displaced person.
5. “Farm operation” means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator’s support.
6. “Federally assisted” means receiving federal financial assistance in the form of a grant, loan, or contribution, except any federal guarantee or insurance, or any interest reduction payment to an individual in connection with the purchase and occupancy of a residence by that individual.
7. “Mortgage” means such classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property, under the laws of the state in which the real property is located, together with the credit instruments, if any, secured thereby.
8. “Nonprofit organization” means a corporation organized under chapter 10-33 or an organization defined in subsection 7, 8, 9, 10, or 11 of section 57-02-08.
9. “Person” means any individual, partnership, corporation, limited liability company, or association.
10. “State agency” means any department, agency, or instrumentality of the state or of a political subdivision of the state; any department, agency, or instrumentality of two or more states; or two or more political subdivisions of the state or states; and any person who has the authority to acquire property by eminent domain under state law.

Source: S.L. 1973, ch. 407, § 2; 1989, ch. 627, § 2; 1993, ch. 54, § 106; 1997, ch. 105, § 10.

54-01.1-03. Moving and related expenses.

1. Whenever a program or project to be undertaken by a displacing agency will result in the displacement of any person, the displacing agency shall provide for the payment to the displaced person of:
   1. Actual, reasonable expenses in moving the displaced person and the displaced person’s family, business, farm operation, or other personal property;
   2. Actual, direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate such property, as determined by the state agency;
   3. Actual, reasonable expenses in searching for a replacement business or farm; and
   4. Actual, reasonable expenses necessary to re-establish a displaced farm, nonprofit organization, or small business at its new site, as determined by criteria established by the state agency.
2. Any displaced person eligible for payments under subsection 1 who is displaced from a dwelling and who elects to accept the payments authorized by this subsection in lieu of the payments authorized by subsection 1 may receive a moving expense allowance, determined according to a schedule established by the state agency.
3. Any displaced person eligible for payments under subsection 1, who is displaced from the person’s place of business or farm operation and is eligible under criteria established by the state agency, may elect to accept the payment authorized by this subsection in lieu of the payment authorized by subsection 1. The payment must consist of a fixed payment in an amount to be determined according to criteria established by the state agency. A person whose sole business at the displacement dwelling is the rental of the property to others does not qualify for a payment under this subsection.

Source: S.L. 1973, ch. 407, § 3; 1981, ch. 91, § 44; 1989, ch. 627, § 3; 2003, ch. 455, § 1; 2007, ch. 451, § 1.

54-01.1-04. Replacement housing for homeowners.

1. In addition to payments otherwise authorized by this chapter, the displacing agency shall make an additional payment not in excess of twenty-two thousand five hundred dollars to any displaced person who is displaced from a dwelling actually owned and occupied by the displaced person for not less than one hundred eighty days prior to the initiation of negotiations for the acquisition of the property. The additional payment must include the following elements:
   1. The amount, if any, which, when added to the acquisition cost of the dwelling acquired, equals the reasonable cost of a comparable replacement dwelling;
   2. The amount, if any, which will compensate the displaced person for any increased interest costs and other debt service costs which the person is required to pay for financing the acquisition of a comparable replacement dwelling. The amount may be paid only if the dwelling acquired was encumbered by a bona fide mortgage which was a valid lien on the dwelling for not less than one hundred eighty days prior to the initiation of negotiations for the acquisition of the dwelling; and
   3. Reasonable expenses incurred by the displaced person for evidence of title, recording fees, and other closing costs incident to the purchase of the replacement dwelling, but not including prepaid expenses.
2. The additional payment authorized by this section may be made only to a displaced person who purchases and occupies a decent, safe, and sanitary replacement dwelling within one year after the date on which the displaced person receives final payment from the displacing agency for the acquired dwelling or the date on which the displacing agency’s obligation under section 54-01.1-07 is met, whichever is the later date, except that the displacing agency may extend the period for good cause. If the period is extended, the payment under this section must be based on the costs of relocating the person to a comparable replacement dwelling within one year of such date.

Source: S.L. 1973, ch. 407, § 4; 1989, ch. 627, § 4.

54-01.1-05. Replacement housing for tenants and certain others.

1. In addition to amounts otherwise authorized by this chapter, a displacing agency shall make a payment to or for any displaced person displaced from any dwelling not eligible to receive a payment under section 54-01.1-04, which dwelling was actually and lawfully occupied by the displaced person for not less than ninety days prior to:
   1. The initiation of negotiations for acquisition of such dwelling; or
   2. In any case in which displacement is not a direct result of acquisition, such other event as the state agency may prescribe.
2. Any person eligible for a payment under subsection 1 may elect to apply the payment to a downpayment on, and other incidental expenses pursuant to, the purchase of a decent, safe, and sanitary replacement dwelling. At the discretion of the displacing agency, any such person may be eligible under this subsection for the maximum payment allowed under subsection 1, except that, in the case of a displaced homeowner who has owned and occupied the displacement dwelling for at least ninety days but not more than one hundred eighty days immediately prior to the initiation of negotiations for the acquisition of the dwelling, the payment may not exceed the payment the person would otherwise have received under subsection 1 of section 54-01.1-04 had the person owned and occupied the displacement dwelling one hundred eighty days immediately prior to the initiation of such negotiations.

The payment must consist of the amount necessary to enable the person to lease or rent for a period not to exceed forty-two months, a comparable replacement dwelling, but not to exceed five thousand two hundred fifty dollars. At the discretion of the displacing agency, a payment under this subsection may be made in periodic installments. Computation of a payment under this subsection to a low-income displaced person for a comparable replacement dwelling must take into account such person’s income.

Source: S.L. 1973, ch. 407, § 5; 1989, ch. 627, § 5.

54-01.1-06. Relocation assistance advisory programs.

1. Whenever the acquisition of real property for a program or project undertaken by a displacing agency will result in the displacement of any person, the displacing agency shall provide a relocation assistance advisory program for displaced persons which shall offer the services prescribed in subsection 2. If the displacing agency determines that any person occupying property immediately adjacent to the property where the displacing activity occurs is caused substantial economic injury because of the acquisition, it may offer the person relocation advisory services under the program.
2. Each relocation assistance program required by subsection 1 must include such measures, facilities, or services as may be necessary or appropriate in order:
   1. To determine, and make timely recommendations on, the needs of displaced persons for relocation assistance;
   2. To assist owners of displaced businesses and farm operations in obtaining and becoming established in suitable business locations or replacement farms;
   3. To supply:
      1. Information concerning programs of the federal, state, and local governments offering assistance to displaced persons and business concerns; and
      2. Technical assistance to such persons in applying for assistance under such programs;
   4. To assist in minimizing hardships to displaced persons in adjusting to relocation;
   5. To secure, to the greatest extent practicable, the coordination of relocation activities with other project activities and other planned or proposed governmental actions in the community or nearby areas which may affect the carrying out of the relocation program; and
   6. To provide current and continuing information on the availability, sales prices, and rental charges of comparable replacement dwellings for displaced homeowners and tenants and suitable locations for businesses and farm operations.
3. Programs or projects undertaken by a displacing agency must be planned in a manner that:
   1. Recognizes, at an early stage in the planning of such programs or projects and before the commencement of any actions that will cause displacements, the problems associated with the displacement of individuals, families, businesses, and farm operations; and
   2. Provides for the resolution of such problems in order to minimize adverse impacts on displaced persons and to expedite program or project advancement and completion.
4. Notwithstanding subsection 3 of section 54-01.1-02, in any case in which a displacing agency acquires property for a program or project, any person who occupies that property on a rental basis, for a short term or a period subject to termination when the property is needed for the program or project, is eligible for advisory services to the extent determined by the displacing agency.

Source: S.L. 1973, ch. 407, § 6; 1989, ch. 627, § 6.

54-01.1-07. Assurance of availability of housing.

1. If a program or project undertaken by a displacing agency cannot proceed on a timely basis because comparable replacement dwellings are not available and the head of the displacing agency determines that such dwellings cannot otherwise be made available, the head of the displacing agency may take such action as is necessary or appropriate to provide such dwellings by use of funds authorized for such project. The displacing agency may use this section to exceed the maximum amounts that may be paid under sections 54-01.1-04 and 54-01.1-05 on a case-by-case basis for good cause as determined in accordance with section 54-01.1-08 regulations issued by the state agency.
2. No person may be required to move from a dwelling on account of any program or project undertaken by the displacing agency unless the displacing agency is satisfied that comparable replacement housing is available to the person.
3. The displacing agency shall assure that a person will not be required to move from a dwelling unless the person has had a reasonable opportunity to relocate to a comparable replacement dwelling, except in the case of:
   1. A major disaster as defined in section 102(2) of the Federal Disaster Relief Act of 1974;
   2. A national emergency declared by the president; or
   3. Any other emergency that requires the person to move immediately from the dwelling because continued occupancy of the dwelling by the person constitutes a substantial danger to the health or safety of the person.

Source: S.L. 1973, ch. 407, § 7; 1989, ch. 627, § 7.

Note.

Federal Disaster Relief Act of 1974, see 42 USCS 5122.

54-01.1-08. Adoption of rules and regulations.

State agencies may consult with the department of commerce division of community services to establish regulations and procedures for implementation of the provisions of this chapter and to establish such regulations and procedures necessary to assure:

1. That the payments and assistance authorized by this chapter shall be administered in a manner which is fair and reasonable and as uniform as practicable;
2. That a displaced person who makes proper application for a payment authorized by this chapter shall be paid promptly after a move or, in hardship cases, be paid in advance; and
3. That any displaced person aggrieved by a determination as to eligibility for a payment, or as to the amount of a payment, may have the application reviewed by the head or governing body of the state agency.

Source: S.L. 1973, ch. 407, § 8; 1979, ch. 553, § 15; 1983, ch. 570, § 9; 1989, ch. 627, § 8; 1999, ch. 475, § 3; 2001, ch. 488, § 24.

54-01.1-09. Administration.

In order to prevent unnecessary expense and duplication of functions, and to promote uniform and effective administration of relocation assistance programs for displaced persons, the state agency may enter into contracts with any individual, firm, association, corporation, or limited liability company for services in connection with those programs, or may carry out its functions under this chapter through any federal agency or any department or instrumentality of the state or its political subdivisions having an established organization for conducting relocation assistance programs. The state agency shall, in carrying out relocation activities described in section 54-01.1-08, whenever practicable, utilize the services of state or local housing agencies, or other agencies having experience in the administration or conduct of similar housing assistance activities.

Source: S.L. 1973, ch. 407, § 9; 1989, ch. 627, § 9; 1993, ch. 54, § 106.

54-01.1-10. Fund availability.

Funds appropriated or otherwise available to any state agency for the acquisition of real property or any interest therein for a particular program or project shall also be available to carry out the provisions of this chapter as applied to that program or project. No payment or assistance under this chapter is required to be made to any person or included as a program or project cost under this section, if the person receives a payment required by federal, state, or local law which is determined by the state agency to have substantially the same purpose effect as the payment under this chapter.

Source: S.L. 1973, ch. 407, § 10; 1989, ch. 627, § 10.

54-01.1-11. State participation in cost of local relocation payments and services.

If a political subdivision acquires real property, and state financial assistance is available to pay the cost, in whole or part, of the acquisition of that real property, or of the improvement for which the property is acquired, the cost to the political subdivision of providing the payments and services prescribed by this chapter must be included as part of the costs of the project for which state financial assistance is available and the political subdivision shall be eligible for state financial assistance for relocation payments and services in the same manner and to the same extent as other project costs.

Source: S.L. 1973, ch. 407, § 11.

54-01.1-12. Displacement by federally assisted building code enforcement or by voluntary rehabilitation.

A person who moves or discontinues a business or moves other personal property, or moves from a dwelling as the direct result of a federally assisted building code enforcement program, or of a program of rehabilitation of buildings conducted pursuant to a governmental program, is deemed to be a displaced person for the purposes of this chapter.

Source: S.L. 1973, ch. 407, § 12; 1989, ch. 627, § 11.

54-01.1-13. Payments not to be considered as income or resources.

No payment received by a displaced person under this chapter may be considered as income or resources for the purpose of determining the eligibility or extent of eligibility of any person for assistance under any state law, or for the purposes of the state’s personal income tax law, corporation tax law, or other tax laws. These payments may not be considered as income or resources of any recipient of public assistance and the payments may not be deducted from the amount of aid to which the recipient would otherwise be entitled.

Source: S.L. 1973, ch. 407, § 13.

54-01.1-14. Appeal procedure.

Any person or business concern aggrieved by a final administrative determination pursuant to chapter 28-32 concerning eligibility for relocation payments authorized by this chapter may appeal that determination to the district court in the judicial district in which the land taken for public use is located or the voluntary rehabilitation program is conducted.

Source: S.L. 1973, ch. 407, § 14.

54-01.1-15. Payments not element of condemnation damages.

Nothing in this chapter may be construed as creating, in any condemnation proceedings brought under the power of eminent domain, any element of value or damage not in existence prior to July 1, 1973.

Source: S.L. 1973, ch. 407, § 15.

54-01.1-16. Real property acquisition policies.

Any state agency engaged in a federally assisted program or project involving the acquisition of real property must be guided, to the greatest extent practicable under state law, by the real property acquisition policies set forth in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 [Pub. L. 91-646; 42 U.S.C. 4651-4654] and the 1987 amendments enacted in title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 [Pub. L. 100-17; 101 Stat. 255-256].

Source: S.L. 1973, ch. 407, § 16; 1989, ch. 627, § 12.

54-02-01. Great seal — Permitted uses — Penalty for commercial use.

1. The great seal of the state is that prescribed in section 2 of article XI of the Constitution of North Dakota. A description in writing of such seal must be deposited and recorded in the office of the secretary of state and must remain a public record. A reproduction of the great seal may be placed on any official form, document, or stationery of any agency, authority, board, body, branch, bureau, commission, committee, council, department, division, industry, institution, or instrumentality of the state or of any elected or appointed official of the state. A reproduction of the great seal may be placed on business calling cards produced for the use of an elected or appointed state official or state employee regardless of whether the cards are purchased by the official or employee or by the state. Any use of the great seal on any other object or thing by any of the foregoing state entities or officials is prohibited unless approved by the secretary of state; provided, however, that the state historical society and the parks and recreation department may, with the concurrence of the secretary of state, reproduce the great seal on any objects they offer for sale as souvenirs.
2. It is a class B misdemeanor for any person to:
   1. Place or cause to be placed the great seal, or any reproduction of the great seal, on any political badge, button, insignia, pamphlet, folder, display card, sign, poster, billboard, or on any other public advertisement, or to otherwise use the great seal for any political purpose, as defined in section 16.1-10-02.
   2. Place or cause to be placed on the great seal, or any reproduction thereof, any advertisement.
   3. Expose the great seal, or any reproduction thereof, to public view with any advertisement attached thereto.
   4. Utilize the great seal, or a copy or reproduction thereof, for any commercial purpose or except as provided in subsection 1, to utilize or place a copy or reproduction of the great seal on any stationery or business calling card of any person.

As used in this subsection, “advertisement” means any printed matter, device, picture, or symbol, no matter how presented to the senses, which informs the public that a good or service is available; and “commercial purpose” means with intent to produce a pecuniary gain through sale of a good or service. Notwithstanding any other provision of law, the secretary of state may grant a written request by a private vendor to reproduce official state forms and documents, containing a reproduction of the great seal, for resale to persons intending to submit the forms or documents to any state entity in the regular course of business. The secretary of state may also grant a written request by a publisher, educational institution, or author to reproduce the great seal in any research, reference, or educational publication containing a compilation of the great seals of other states.

Source: S.L. 1890, ch. 149, § 1; R.C. 1895, § 1046; R.C. 1899, § 1046; R.C. 1905, § 1342; C.L. 1913, § 1911; R.C. 1943, § 54-0201; S.L. 1975, ch. 461, § 1; 1995, ch. 490, § 1; 1997, ch. 430, § 1; 2005, ch. 471, § 1.

54-02-02. State flag.

The flag of North Dakota must consist of a field of blue silk or material which will withstand the elements four feet four inches [132.08 centimeters] on the pike and five feet six inches [167.64 centimeters] on the fly, with a border of knotted yellow fringe two and one-half inches [6.35 centimeters] wide. On each side of said flag in the center thereof, must be embroidered or stamped an eagle with outspread wings and with opened beak. The eagle must be three feet four inches [101.6 centimeters] from tip to tip of wing, and one foot ten inches [55.88 centimeters] from top of head to bottom of olive branch hereinafter described. The left foot of the eagle shall grasp a sheaf of arrows, the right foot shall grasp an olive branch showing three red berries. On the breast of the eagle must be displayed a shield, the lower part showing seven red and six white stripes placed alternately. Through the open beak of the eagle must pass a scroll bearing the words “E Pluribus Unum”. Beneath the eagle there must be a scroll on which must be borne the words “North Dakota”. Over the scroll carried through the eagle’s beak must be shown thirteen five-pointed stars, the whole device being surmounted by a sunburst. The flag must conform in all respects as to color, form, size, and device with the regimental flag carried by the First North Dakota Infantry in the Spanish American War and Philippine Insurrection, except in the words shown on the scroll below the eagle. To ensure historical accuracy, reproductions of the flag of North Dakota must adhere to the official design and industry color chart codes provided by the state historical society. A description in writing of the flag must be made available to the public by the state historical society. Flags purchased by a state entity or a political subdivision must substantially meet the requirements of this section. This section does not apply to the purchase of an item that is not a flag but which portrays a likeness of the flag of North Dakota, for example, a miniature flag, food, clothing, a lapel pin, a paper product, or other nonflag item.

Source: S.L. 1911, ch. 283, § 1; C.L. 1913, § 1915; R.C. 1943, § 54-0202; S.L. 1959, ch. 367, § 1; 2011, ch. 384, § 1.

54-02-03. State flower.

The floral emblem of the state of North Dakota shall be the wild prairie rose, rosa blanda or arkansana.

Source: S.L. 1907, ch. 231, § 1; C.L. 1913, § 1914; R.C. 1943, § 54-0203.

54-02-04. State song.

The song known as “North Dakota Hymn”, with words written by James W. Foley and music composed by Doctor C. S. Putnam is the official song for the state of North Dakota.

Source: S.L. 1947, ch. 327, § 1; R.C. 1943, 1957 Supp., § 54-0204.

54-02-05. State tree.

The American elm, ulmus americana, is the official tree of the state of North Dakota.

Source: S.L. 1947, ch. 329, § 1; R.C. 1943, 1957 Supp., § 54-0205.

54-02-06. State bird.

The meadowlark, sturnella neglecta, is the official bird of the state of North Dakota.

Source: S.L. 1947, ch. 329, § 2; R.C. 1943, 1957 Supp., § 54-0206.

54-02-07. Theodore Roosevelt rough rider award.

There shall be awarded by the state of North Dakota, in the name of the legislative assembly and the citizens of this state, an award to be known as the Theodore Roosevelt rough rider award. The award is the highest recognition by the state of present or former North Dakotans who have been influenced by this state in achieving national recognition in their fields of endeavor, thereby reflecting credit and honor upon this state and its citizens. The award is not for momentary success, but only for genuine achievements of lasting significance. It is the intent of this section to guard the dignity of the rough rider award for recipients of the past as well as the future. The award, of a type and design approved by the governor, must be awarded by the governor upon the concurrence of the secretary of state and the director of the state historical society. A record of all such awards and pertinent information in regard to each recipient must be retained by the state archivist.

Source: S.L. 1963, ch. 344, § 1; 1967, ch. 377, § 1; 1995, ch. 491, § 1; 2001, ch. 503, § 11.

54-02-08. State fossil — Teredo petrified wood.

The teredo petrified wood is the official fossil of the state of North Dakota.

Source: S.L. 1967, ch. 378, § 1.

54-02-09. Adoption of North Dakota state march.

“Flickertail March” as composed by Mr. James D. Ployhar is the North Dakota state march. The North Dakota state march must be played in a manner consistent with the respect and dignity due a state march and may be played at appropriate state functions.

Source: S.L. 1975, ch. 462, § 2; 1989, ch. 628, § 1.

54-02-10. State grass.

Western wheatgrass, agropyron smithii, is the official grass of the state of North Dakota.

Source: S.L. 1977, ch. 475, § 1.

54-02-11. State art museum.

The North Dakota museum of art, formerly the university of North Dakota art galleries, established in 1972 on the university campus in Grand Forks, is designated the North Dakota art museum. Unless clear title is otherwise demonstrable, any work of art, artifact, or artistic property located in the state art museum is deemed to be the property of the North Dakota art museum and is subject to disposition by the North Dakota art museum.

Source: S.L. 1981, ch. 519, § 1; 1997, ch. 32, § 20; 2003, ch. 456, § 1.

54-02-12. State beverage.

Milk is the official beverage of the state of North Dakota.

Source: S.L. 1983, ch. 548, § 1.

54-02-13. English as official language.

The English language is the official language of the state of North Dakota.

Source: S.L. 1987, ch. 619, § 1.

54-02-14. State railroad museum.

The Mandan railroad museum, established in 1972 in Mandan, is hereby designated the North Dakota state railroad museum. No state agency or institution may provide appropriated funds to the state railroad museum nor is the state responsible for any obligations of the museum.

Source: S.L. 1989, ch. 629, § 1.

54-02-15. Honorary equine.

The Nokota horse, in recognition of the significant role the breed has played in the history of this state, is designated an honorary equine of North Dakota.

Source: S.L. 1993, ch. 504, § 1.

54-02-16. State dance.

The square dance, in consideration of its contribution to the art and culture of North Dakota, is designated the official American folk dance of North Dakota.

Source: S.L. 1995, ch. 492, § 1.

54-02-17. State fruit.

The chokecherry, prunus virginiana, is the official fruit of the state of North Dakota.

Source: S.L. 2007, ch. 452, § 1.

54-02-18. State Latin motto.

“Serit ut alteri saeclo prosit” is the North Dakota state Latin motto. “One sows for the benefit of another age” is the English translation.

Source: S.L. 2011, ch. 385, § 1.

54-02-19. State insect.

The convergent lady beetle, hippodamia convergens, commonly known as a ladybug, is the official insect of the state of North Dakota.

Source: S.L. 2011, ch. 386, § 1.

54-03-01. State legislative apportionment. [Repealed]

Repealed by S.L. 1975, ch. 463, § 4.

54-03-01.1. Numbering legislative districts — Classes of senators to provide staggered terms. [Repealed]

Repealed by S.L. 1975, ch. 463, § 4.

54-03-01.2. Legislative subdistricting — Methods. [Repealed]

Repealed by S.L. 1975, ch. 463, § 4.

54-03-01.3. Election on petition — Ballot form — Vote required. [Repealed]

Repealed by S.L. 1975, ch. 463, § 4.

54-03-01.4. Amendment to the Constitution of the United States — Results. [Repealed]

Repealed by S.L. 1975, ch. 463, § 4.

54-03-01.5. Legislative redistricting requirements.

A legislative redistricting plan based on any census taken after 1999 must meet the following requirements:

1. The senate must consist of forty-seven members and the house must consist of ninety-four members.
2. Except as provided in subsection 3, one senator and two representatives must be apportioned to each senatorial district. Representatives may be elected at large or from subdistricts.
3. Multimember senate districts providing for two senators and four representatives are authorized only when a proposed single-member senatorial district includes a federal facility or federal installation, containing over two-thirds of the population of the proposed single-member senatorial district.
4. Legislative districts and subdistricts must be compact and of contiguous territory.
5. Legislative districts must be as nearly equal in population as is practicable. Population deviation from district to district must be kept at a minimum. The total population variance of all districts, and subdistricts if created, from the average district population may not exceed recognized constitutional limitations.

Source: S.L. 1975, ch. 463, § 1; 1979, ch. 533, § 1; 1981, ch. 804, § 5; 1987, ch. 259, § 9; 1991, ch. 563, § 1; 2001 Sp., ch. 691, § 1.

Cross-References.

Emergency interim successors, authority for designation by legislators, see N.D. Const., Art. XI, § 7.

54-03-01.6. State legislative apportionment. [Repealed]

Repealed by S.L. 1981, ch. 804, § 9.

54-03-01.7. State legislative apportionment. [Repealed]

Repealed by S.L. 1991 Sp., ch. 886, § 3.

54-03-01.8. Staggering of the terms of senators. [Repealed]

Repealed by S.L. 2011 Sp., ch. 582, § 3.

54-03-01.9. Legislative redistricting. [Repealed]

Repealed by S.L. 2001, ch. 691, § 5.

54-03-01.10. Staggering of terms of representatives. [Repealed]

Repealed by S.L. 2011 Sp., ch. 582, § 3.

54-03-01.11. Legislative redistricting. [Repealed]

Repealed by S.L. 2013, ch. 63, § 16.

Effective Date.

The repeal of this section by section 16 of chapter 63, S.L. 2013 became effective August 1, 2013.

54-03-01.12. Legislative districts. [Repealed]

Source: S.L. 2011 Sp., ch. 582, § 1; repealed by 2021, 1st Sp. Sess. ch. 563, § 3, effective November 12, 2021.

54-03-01.13. Staggering of terms of members of the legislative assembly. [Repealed]

Source: S.L. 2011 Sp., ch. 582, § 2; 2021, ch. 327, § 4, effective August 1, 2021; repealed by 2021, 1st Sp. Sess. ch. 563, § 3, effective November 12, 2021.

54-03-01.14. Legislative districts.

Each legislative district is entitled to one senator and two representatives. Districts 4 and 9 are divided into subdistricts, and one representative must be elected from each subdistrict. A representative elected from a subdistrict must be, on the day of election, a qualified elector in the subdistrict from which the representative was chosen. The legislative districts of the state are formed as follows:

1. District 1 consists of that part of the city of Williston and Stony Creek and Williston Townships in Williams County bound by a line commencing at the point where the centerline of thirty-second avenue west intersects with the centerline of twenty-sixth street west, then east on twenty-sixth street west and an extended straight line until it becomes twenty-sixth street east, then east on twenty-sixth street east until it becomes thirteenth avenue east, then north on thirteenth avenue east and an extended straight line until its intersection with the centerline of fifty-fourth street northwest, then east on fifty-fourth street northwest until its intersection with the centerline of one hundred thirty-fourth avenue northwest, also identified as United States highway 85 bypass, then south on one hundred thirty-fourth avenue northwest and an extended straight line until its intersection with the Williston city limit, then south, east, north, and south on the Williston city limit until its intersection with the centerline of state highway 1804, then west on state highway 1804 until its intersection with the centerline of thirty-seventh avenue southeast, then south on thirty-seventh avenue southeast until its intersection with the centerline of forty-ninth lane northwest, then west on forty-ninth lane northwest and an extended straight line until its intersection with the south boundary of Williams County, then west on the south boundary of Williams County until its intersection with an extended line from the centerline of thirty-second avenue west, also identified as one hundred thirty-eighth avenue northwest, then north on a straight line extended from thirty-second avenue west and on thirty-second avenue west to the point of beginning.
2. District 2 consists of all of Burke County and Divide County; all of Williams County except those portions contained in Districts 1 and 23; and Bicker, Cottonwood, Idaho, James Hill, Lostwood, Manitou, Myrtle, Powers, Powers Lake, Ross, Sorkness, and White Earth Townships in Mountrail County.
3. District 3 consists of New Prairie, Sundre, and Surrey Townships in Ward County; and that part of the city of Minot and Nedrose Township in Ward County bound by a line commencing at the point where the centerline of twenty-seventh street northeast intersects with the north boundary of Nedrose Township, also identified as forty-sixth avenue northeast, then east on the north boundary of Nedrose Township until its intersection with the east boundary of Nedrose Township, then south on the east boundary of Nedrose Township until its intersection with the south boundary of Nedrose Township, then west on the south boundary of Nedrose Township until its intersection with the Minot city limit, then south and west on the Minot city limit until its intersection with the west boundary of Sundre Township, then north on the west boundary of Sundre Township until its intersection with the centerline of thirteenth street southeast, then north on thirteenth street southeast until its intersection with the centerline of soo street southeast, then north and west on soo street southeast until its intersection with the centerline of seventh street southeast, then north on seventh street southeast until its intersection with the centerline of valley street, then north and west on valley street until its intersection with the centerline of burdick expressway, then west on burdick expressway until its intersection with the centerline of United States highway 83, also identified as south broadway, then north on United States highway 83 until its intersection with the centerline of nineteenth avenue, then east on nineteenth avenue until its intersection with airport road, then east on airport road until its intersection with the centerline of nineteenth avenue northeast, then east on nineteenth avenue northeast and an extended straight line until its intersection with the centerline of twenty-seventh street northeast, then north on twenty-seventh street northeast to the point of beginning.
4. District 4 consists of those portions of Dunn County, McKenzie County, McLean County, Mercer County, Mountrail County, and Ward County within the Fort Berthold reservation; all of Mountrail County except those portions contained in District 2; all of Ward County except those portions contained in Districts 3, 5, 6, 38, and 40; and that part of McLean County bound by a line commencing at the intersection of the Fort Berthold reservation boundary and the north boundary of McLean County, then east on the north boundary of McLean County until its intersection with the centerline of United States highway 83, then south on United States highway 83 until its intersection with the south boundary of Snow Township, then west on the south boundary of Snow Township until its intersection with the southeast corner of North Central McLean Unorganized Township, then west and south on the south boundary of North Central McLean Unorganized Township until its intersection with the south boundary of McLean County, then west on the south boundary of McLean County until its intersection with the Fort Berthold reservation boundary, then north, west, and north on the Fort Berthold reservation boundary to the point of beginning.
   1. District 4A consists of those portions of Dunn County, McKenzie County, McLean County, Mercer County, Mountrail County, and Ward County within the Fort Berthold reservation.
   2. District 4B consists of all of Mountrail County except those portions contained in Districts 2 and 4A; all of Ward County except those portions contained in Districts 3, 4 A, 5, 6, 38, and 40; and that part of McLean County bound by a line commencing at the intersection of the Fort Berthold reservation boundary and the north boundary of McLean County, then east on the north boundary of McLean County until its intersection with the centerline of United States highway 83, then south on United States highway 83 until its intersection with the south boundary of Snow Township, then west on the south boundary of Snow Township until its intersection with the southeast corner of North Central McLean Unorganized Township, then west and south on the south boundary of North Central McLean Unorganized Township until its intersection with the south boundary of McLean County, then west on the south boundary of McLean County until its intersection with the Fort Berthold reservation boundary, then north, west, and north on the Fort Berthold reservation boundary to the point of beginning.
5. District 5 consists of that part of the city of Minot and Harrison Township in Ward County bound by a line commencing at the point where the centerline of sixteenth street northwest intersects with the centerline of fourth avenue northwest, then east on fourth avenue northwest until it becomes third avenue northwest, then east on third avenue northwest until its intersection with the centerline of United States highway 83, also identified as north broadway, then south on United States highway 83 until its intersection with burdick expressway, then east on burdick expressway until its intersection with the centerline of valley street, then south and east on valley street until its intersection with the centerline of seventh street southeast, then south on seventh street southeast until its intersection with the centerline of soo street, then south and east on soo street until its intersection with the centerline of thirteenth street southeast, then south on thirteenth street southeast until its intersection with the centerline of eleventh avenue southeast, then east on eleventh avenue southeast until its intersection with the centerline of thirteenth street southeast, then south on thirteenth street southeast until its intersection with the centerline of Untied States highway 2, also identified as United States highway 52, until its intersection with the centerline of United States highway 83, also identified as south broadway, then south on United States highway 83 until its intersection with the centerline of thirty-seventh avenue southwest, then west on thirty-seventh avenue southwest until its intersection with the centerline of thirtieth street southwest, then north on thirtieth street southwest until its intersection with the centerline of twentieth avenue southwest, then north and west on twentieth avenue southwest until its intersection with the centerline of thirty-third street southwest, then north on thirty-third street southwest until its intersection with the centerline of United States highway 2, then east on United States highway 2 until its intersection with the centerline of the United States highway 83 bypass, then north on the United States highway 83 bypass until its intersection with the centerline of the Canadian Pacific railway company right of way, then east on the Canadian Pacific railway right of way until its intersection with the centerline of sixteenth street northwest, then north on sixteenth street northwest to the point of beginning.
6. District 6 consists of all of Bottineau County, McHenry County, and Renville County; all of McLean County except those portions contained in Districts 4 and 33; and that part of Ward County bound by a line commencing at the point where the centerline of United States highway 83 intersects with the north boundary of Freedom Township, also identified as one hundred twenty-first avenue southeast, then east on the north boundaries of Freedom, Sawyer, and Willis Townships to the east boundary of Ward County, then south on the east boundary of Ward County to the south boundary of Ward County, then west on the south boundary of Ward County until its intersection with the centerline of United States highway 83, then north on United States highway 83 to the point of beginning.
7. District 7 consists of that part of the city of Bismarck and Hay Creek Township in Burleigh County bound by a line commencing at the point where the north boundary of Hay Creek Township intersects with the centerline of the Missouri River, then east and south on the boundary of Hay Creek Township until its intersection with the centerline of interstate highway 94, then west on interstate highway 94 until its intersection with the centerline of United States highway 83, also identified as state street, then north on United States highway 83 until its intersection with the centerline of forty-third avenue northeast, then west on forty-third avenue northeast until its intersection with the centerline of north washington street, then north on north washington street until its intersection with the centerline of fifty-seventh avenue northwest, then west on fifty-seventh avenue northwest and an extended straight line until its intersection with the centerline of river road, then north and west on river road until its intersection with the centerline of the north segment of burnt creek loop, then west and south on burnt creek loop until its intersection with the centerline of a straight line extended east from magnolia drive, then southwest on an extended straight line until its intersection with olive tree drive, then west on olive tree drive and an extended straight line until its intersection with the centerline of the Missouri River, then north and west on the Missouri River to the point of beginning.
8. District 8 consists of all of Emmons County; the city of Wilton in Burliegh and McLean Counties; Boyd, Burnt Creek-Riverview, Gibbs, Glenview, Logan, Long Lake, Menoken, Morton, Naughton, Taft, Telfer, Thelma, Painted Woods, and Wild Rose Townships in Burleigh County; that part of Ecklund Township bound by a line commencing at the point where the north boundary of Ecklund Township intersects with the west boundary of Ecklund Township, then east, south, east, north, and east on the north boundary of Ecklund Township until its intersection with the centerline of twenty-sixth street northeast, then south on twenty-sixth street northeast until its intersection with the south boundary of Ecklund Township, then east and north on the south boundary of Ecklund Township to the point of beginning; that part of the city of Bismarck in Burleigh County bound by a line commencing at the point where the centerline of interstate highway 94 intersects with the centerline of business interstate highway 94, also identified as centennial road, then east on interstate highway 94 until its intersection with the west boundary of Gibbs Township and the Bismarck city limit, then south on the west boundary of Gibbs Township until its intersection with the centerline of seventeenth avenue northeast, then west on seventeenth avenue northeast until its intersection with the centerline of fifty-sixth street northeast, then north on fifty-sixth street northeast until its intersection with the extended centerline of miriam avenue, then west on the extended centerline of miriam avenue and on miriam avenue until its intersection with the centerline of business interstate highway 94, also identified as centennial road, then north on business interstate highway 94 to the point of beginning; and that part of Apple Creek and Missouri Townships in Burleigh County bound by a line commencing at the point where the west boundary of Apple Creek Township intersects with the east boundary of the Bismarck city limit, then east and south on the west boundary of Apple Creek Township until its intersection with the east boundary of Missouri Township, then south and west on the east boundary of Missouri Township until its intersection with the centerline of the Missouri River, then north on the centerline of the Missouri River until its intersection with an extended line from the centerline of ninety-third street southeast, then north on a straight line extended from ninety-third street southeast and on ninety-third street southeast until its intersection with the centerline of seventy-sixth avenue southeast, then west on seventy-sixth avenue southeast, also identified as the south boundary of Apple Creek Township, until its intersection with the centerline of sixty-sixth street southeast, then north on sixty-sixth street southeast until its intersection with the centerline of forty-eighth avenue southeast, then west on forty-eighth avenue southeast until its intersection with the west boundary of Apple Creek Township, then north on the west boundary of Apple Creek Township to the point of beginning.
9. District 9 consists of all of Rolette County; all of Towner County except that portion contained in District 15; and all of Cavalier County except that portion contained in District 19.
   1. District 9A consists of all of Rolette County except that portion contained in District 9B.
   2. District 9B consists of all of Towner County except that portion contained in District 15; all of Cavalier County except that portion contained in District 19; and that part of Rolette County bound by a line commencing at the intersection of the centerline of United States highway 281, also identified as thirtieth avenue northeast, and the north boundary of Rolette County, then east on the north boundary of Rolette County to the east boundary of Rolette County, then south on the east boundary of Rolette County until its intersection with the centerline of ninety-sixth street northeast, then west on ninety-sixth street northeast until its intersection with the centerline of BIA road 1, also identified as forty-eighth avenue northeast, then north on BIA road 1 until its intersection with the centerline of BIA road 4, also identified as one hundred second street northeast, then west on BIA road 4 until its intersection with the centerline of BIA road 23, then south on BIA road 23 until its intersection with the centerline of BIA road 8, also identified as jackrabbit road, then west on BIA road 8 until its intersection with the centerline of BIA road 25, also identified as thirty-first avenue northeast, then south on BIA road 25 until its intersection with the centerline of ninety-seventh street northeast, then west on ninety-seventh street northeast until its intersection with the Dunseith city limit, then south, west, and north on the Dunseith city limit until its intersection with the centerline of ninety-seventh street northeast, then east on ninety-seventh street northeast until its intersection with United States highway 281, also identified as thirtieth avenue northeast, then north on United States highway 281 to the point of beginning.
10. District 10 consists of that part of the city of Fargo in Cass County bound by a line commencing at the point where the centerline of seventh avenue east intersects the centerline of seventeenth street east, also identified as fifty-second street southwest, then east on seventh street east until its intersection with the centerline of forty-fifth street south, then south on forty-fifth street south until its intersection with the centerline of thirteenth avenue south, then east on thirteenth avenue south until its intersection with the centerline of interstate highway 29, then south on interstate highway 29 until its intersection with the centerline of fortieth avenue south, then west on fortieth avenue south until its intersection with the centerline of forty-fifth street south, then north on forty-fifth street south until its intersection with the centerline of thirty-third avenue south, then west on thirty-third avenue south until its intersection with the centerline of veterans boulevard, also identified as ninth street east, then north on veterans boulevard until its intersection with the centerline of seter parkway south, then east on seter parkway south until its intersection with the centerline of fifty-fifth street south, then north on fifty-fifth street south until its intersection with the centerline of twenty-eighth avenue south, then east on twenty-eighth avenue south until its intersection with the centerline of fifty-first street south, then north on fifty-first street south until its intersection with the centerline of interstate highway 94, then east on interstate highway 94 until its intersection with the west boundary of the West Fargo city limit, then north on the West Fargo city limit, also identified as seventeenth street east, to the point of beginning.
11. District 11 consists of that part of the city of Fargo in Cass County bound by a line commencing at the point where the centerline of thirteenth avenue south intersects the centerline of interstate highway 29, then east on thirteenth avenue south until its intersection with the centerline of twenty-fifth street south, then north on twenty-fifth street south until its intersection with the centerline of ninth avenue south, then east on ninth avenue south until its intersection with the centerline of tenth street south, then south on tenth street south until its intersection with the centerline of thirteenth avenue south, then east on thirteenth avenue south until its intersection with the centerline of the Red River, also identified as the east boundary of Cass County, then south on the centerline of the Red River until its intersection with the centerline of interstate highway 94, then west on interstate highway 94 until its intersection with the centerline of United States highway 81, also identified as south university drive, then south on United States highway 81 until its intersection with the centerline of twenty-fourth avenue south, then west on twenty-fourth avenue south until its intersection with the centerline of twenty-fifth avenue south, then west on twenty-fifth avenue south until its intersection with the centerline of twenty-fifth street south, then north on twenty-fifth street south until its intersection with the centerline of interstate highway 94, then west on interstate highway 94 until its intersection with the centerline of interstate highway 29, then north on interstate highway 29 to the point of beginning.
12. District 12 consists of Ashland, Bloom, Corinne, Courtenay, Durham, Fried, Gray, Nogosek, Rose, Spiritwood, and Winfield Townships in Stutsman County; and that part of the city of Jamestown and Woodbury Township in Stutsman County bound by a line commencing at the point where the north boundary of Jamestown Township intersects with the centerline of Pipestem Creek, then west, north, west, south, west, south, east, north, east, south, west, south, east, south, east, south, west, north, west, southeast, northwest, and south on the boundary of Jamestown Township until its intersection with the centerline of eighty-fifth avenue southeast, also identified as county road 39, then south on eighty-fifth avenue southeast until its intersection with the centerline of thirty-seventh street southeast, then west on thirty-seventh street southeast until its intersection with the centerline of tenth avenue southwest, then north on tenth avenue southwest until its intersection with the south boundary of Jamestown Township, then west on an extended south boundary and the south boundary of Jamestown Township until its intersection with the west boundary of Jamestown Township, then north, west, north, east, north, west, north, east, north, and east on the boundary of Jamestown Township until its intersection with the centerline of business interstate highway 94, then east on business interstate highway 94 until its intersection with the centerline of United States highway 52, then north on United States highway 52 until its intersection with the centerline of Pipestem Creek, also identified as the James River, then northwest on the Pipestem Creek until its intersection with the west boundary of the Jamestown city limit, then north on the Jamestown city limit until its intersection with the centerline of Pipestem Creek, then north on Pipestem Creek to the point of beginning.
13. District 13 consists of that part of the city of West Fargo and Barnes and Mapleton Townships in Cass County bound by a line commencing at the point where the centerline of county road 10, also identified as twelfth avenue northwest, intersects the centerline of thirty-eighth street northwest, then east on county road 10 until its intersection with the centerline of the Sheyenne River, then south on the Sheyenne River until its intersection with the centerline of business interstate highway 94, also identified as United States highway 10, then east on business interstate highway 94 until its intersection with the centerline of seventeenth street east, then south on seventeenth street east until its intersection with the centerline of seventeenth avenue east, then west on seventeenth avenue east until its intersection with the centerline of ninth street east, also identified as nineteenth avenue east, then south on ninth street east until its intersection with the centerline of interstate highway 94, then west on interstate highway 94 until its intersection with the centerline of thirty-eighth street northwest, then north on thirty-eighth street northwest to the point of beginning.
14. District 14 consists of all of Kidder County, Pierce County, Sheridan County, and Wells County; all of Benson County except Lallie, Lohnes, Minco, Mission, Oberon, Rock, Twin Tree, Warwick, West Bay, and Wood Lake Townships and Fort Totten and Lallie North Unorganized Townships; all of Eddy County except that part within the Spirit Lake reservation and that part of Freeborn Township bound by a line commencing at the point where the east boundary of the Spirit Lake reservation intersects the north boundary of Eddy County, then east and south on the boundary of Eddy County until its intersection with the boundary of the Spirit Lake reservation, then north and west on the Spirit Lake reservation boundary to the point of beginning; and those portions of Burleigh County not contained in Districts 7, 8, 30, 32, 35, and 47.
15. District 15 consists of all of Ramsey County; Atkins, Bethel, Cando, Coolin, Maza, Olson, Springfield, and Zion Townships in Towner County; Lallie, Lohnes, Minco, Mission, Oberon, Rock, Twin Tree, Warwick, West Bay, and Wood Lake Townships and Fort Totten and Lallie North Unorganized Townships in Benson County; those portions of Eddy County within the Spirit Lake reservation; and that part of Freeborn Township in Eddy County bound by a line commencing at the intersection of the Spirit Lake reservation boundary and the north boundary of Eddy County, also identified as thirtieth street northeast, then east on the north boundary of Eddy County until its intersection with the east boundary of Eddy County, also identified as ninety-sixth avenue northeast, then south on the east boundary of Eddy County until its intersection with the Spirit Lake reservation boundary, then north on the Spirit Lake reservation boundary to the point of beginning.
16. District 16 consists of that part of the cities of Fargo and West Fargo and Barnes Township in Cass County bound by a line commencing at the point where the centerline of interstate highway 94 intersects an extended centerline of fourteenth street west, then southeast on interstate highway 94 until its intersection with the centerline of ninth street east, then north on ninth street east until its intersection with the centerline of seventeenth avenue east, then east on seventeenth avenue east until its intersection with the east boundary of the West Fargo city limit, then south on the east boundary of the West Fargo city limit until its intersection with the centerline of interstate highway 94, then west on interstate highway 94 until its intersection with an extended line from the centerline of fifty-first street south, then south on a straight line extending from fifty-first street south and on fifty-first street south until its intersection with the centerline of twenty-eighth avenue south, then west on twenty-eighth avenue south until its intersection with the centerline of fifty-fifth street south, then south on fifty-fifth street south until its intersection with the centerline of seter parkway south, then west on seter parkway south until its intersection with the centerline of veterans boulevard, also identified as ninth street east, then south on veterans boulevard until its intersection with the centerline of fortieth avenue south, then west on fortieth avenue south until its intersection with the centerline of ninth street west, then north on ninth street west until its intersection with the south boundary of the fortieth avenue west park, then northwest along the south boundary of the fortieth avenue west park and on an extended straight line until its intersection with the centerline of fifteenth street west, then north on fifteenth street west and an extended straight line until its intersection with the centerline of fourteenth street west, then north on fourteenth street west and an extended straight line to the point of beginning.
17. District 17 consists of that part of the city of Grand Forks and Grand Forks and Walle Townships in Grand Forks County bound by a line commencing at the intersection of the centerline of thirty-second avenue south and the centerline of interstate highway 29, then east on thirty-second avenue south until its intersection with the centerline of south columbia road, then south on south columbia road until its intersection with the centerline of fortieth avenue south, then east on fortieth avenue south until its intersection with the centerline of United States business highway 81, then north on United States business highway 81 until its intersection with the centerline of seventeenth avenue south, then east on seventeenth avenue south and an extended straight line until its intersection with the centerline of the Red River, then south on the Red River until its intersection with the south boundary of Walle Township, then west on the south boundary of Walle Township until its intersection with the centerline of interstate highway 29, then north on interstate highway 29 to the point of beginning.
18. District 18 consists of that part of the city of Grand Forks and Falconer, Ferry, and Turtle River Townships in Grand Forks County bound by a line commencing at the point where the centerline of eighteenth street northeast intersects with the north boundary of Grand Forks County, also identified as thirty-sixth avenue northeast, then east on the north boundary of Grand Forks County until its intersection with the centerline of the Red River, then south on the Red River until its intersection with an extended straight line from the centerline of seventeenth avenue south, then west on a straight line extended from seventeenth avenue south and on seventeenth avenue south until its intersection with the centerline of United States business highway 81, then south on United States business highway 81 until its intersection with the centerline of twenty-eighth avenue south, then west on twenty-eighth avenue south until its intersection with the centerline of south seventeenth street, then north on south seventeenth street until its intersection with the centerline of twenty-fourth avenue south, then east on twenty-fourth avenue south until its intersection with the centerline of south twentieth street, then north on south twentieth street until its intersection with the centerline of the BNSF railway company right of way, then east on the BNSF railway company right of way until its intersection with the centerline of north sixteenth street, then north on north sixteenth street until its intersection with the centerline of sixth avenue north, then west on sixth avenue north until its intersection with the centerline of north twentieth street, then north on north twentieth street until its intersection with the centerline of United States highway 2, also identified as gateway drive, then west on United States highway 2 until its intersection with the centerline of interstate highway 29, then north and west on interstate highway 29 until its intersection with the centerline of twenty-fourth avenue northeast, then west on twenty-fourth avenue northeast until its intersection with the centerline of eighteenth street northeast, then north on eighteenth street northeast to the point of beginning.
19. District 19 consists of all of Pembina County; all of Walsh County except that portion contained in District 20; and Alma, East Alma, Fremont, Hay, Hope, Loam, Montrose, North Olga, Osford, and South Olga Townships in Cavalier County.
20. District 20 consists of all of Traill County; all of Grand Forks County except for those portions contained in Districts 17, 18, 42, and 43; and Ardoch, Forest River, Ops, Prairie Centre, Walsh Centre, and Walshville Townships in Walsh County.
21. District 21 consists of that part of the cities of Fargo and West Fargo in Cass County bound by a line commencing at the point where the centerline of United States highway 10, also identified as business interstate highway 94, intersects with the centerline of seventeenth street east, then east on United States highway 10 until its intersection with the centerline of interstate highway 29, then north on interstate highway 29 until its intersection with the centerline of twelfth avenue north, then east on twelfth avenue north until its intersection with the centerline of the BNSF railway company right of way, then south on the BNSF railway company right of way until its intersection with the centerline of seventh avenue north, then east on seventh avenue north until its intersection with the centerline of twelfth street north, then south on twelfth street north until its intersection with the centerline of the BNSF railway company right of way, then east on the BNSF railway company right of way until its intersection with the centerline of tenth street north, also identified as United States highway 81, then south on tenth street north until its intersection with the centerline of business interstate highway 94, also identified as United States highway 10, then east on interstate highway 94 until its intersection with the centerline of the Red River, then south on the Red River until its intersection with the centerline of thirteenth avenue south, then west on thirteenth avenue south until its intersection with the centerline of tenth street south, then north on tenth street south until its intersection with the centerline of ninth avenue south, then west on ninth avenue south until its intersection with the centerline of twenty-fifth street south, then south on twenty-fifth street south until its intersection with the centerline of thirteenth avenue south, then west on thirteenth avenue south until its intersection with forty-fifth street south, then north on forty-fifth street south until its intersection with the centerline of seventh avenue east, then west on seventh avenue east until its intersection with the centerline of seventeenth street east, then north on seventeenth street east to the point of beginning.
22. District 22 consists of all of Cass County except those portions contained in Districts 10, 11, 13, 16, 21, 27, 41, 44, 45, and 46.
23. District 23 consists of Buford, Hardscrabble, and Trenton Townships in Williams County; and that part of the city of Williston and Judson, Missouri Ridge, Mont, Pherrin, Round Prairie, and Williston Townships in Williams County bound by a line commencing at a point where the centerline of a straight line extending west from fiftieth street northwest intersects the west boundary of Round Prairie Township, then west on the extended line and fiftieth street northwest until its intersection with the centerline of one hundred fifty-first avenue northwest, then south on one hundred fifty-first avenue northwest until its intersection with the centerline of United States highway 2, then east on United States highway 2 until its intersection with the centerline of United States highway 85, then north, west, and east on United States highway 85 until its intersection with the centerline of one hundred thirty-fourth avenue northwest, also identified as state business highway 85, then south on one hundred thirty-fourth avenue northwest until its intersection with the centerline of fifty-fourth street northwest, then west on fifty-fourth street northwest until its intersection with an extended straight line from the centerline of thirteenth avenue east, then south on a straight line extended from thirteenth avenue east and on thirteenth avenue until it becomes twenty-sixth street east, then west on twenty-sixth street east and an extended straight line until its intersection with the centerline of thirty-second avenue west, then south on thirty-second avenue west until its intersection with the centerline of one hundred thirty-eighth avenue northwest, then south on one hundred thirty-eighth avenue northwest and an extended straight line until its intersection with the centerline of the Missouri River, then west, south, east, and north on the Missouri River until its intersection with the west boundary of Round Prairie Township, then north on the west boundary of Round Prairie Township to the point of beginning.
24. District 24 consists of all of Barnes County and Ransom County.
25. District 25 consists of all of Richland County and Marboe and Tewaukon Townships in Sargent County.
26. District 26 consists of all of McKenzie County except that portion contained in the Fort Berthold reservation; all of Halliday and Killdeer Townships in Dunn County; and that part of South Dunn Township in Dunn County bound by a line commencing at the point where the north boundary of South Dunn Township intersects the centerline of one hundred first avenue southwest, then east on the north boundary of South Dunn Township until its intersection with the east boundary of Dunn County, then south on the east boundary of Dunn County until its intersection with an extended line from the centerline of eighteenth street southwest, then west on a straight line extending from eighteenth street southwest and on eighteenth street southwest until its intersection with the centerline of one hundred first avenue southwest, then north on one hundred first avenue southwest to the point of beginning.
27. District 27 consists of that part of Pleasant and Stanley Townships in Cass County; and that part of the cities of Fargo and Horace in Cass County bound by a line commencing at the point where the centerline of fifty-second avenue intersects the extended centerline of seventy-sixth street south, then east on fifty-second avenue until its intersection with the centerline of veterans boulevard south, then north on veterans boulevard south until its intersection with the centerline of thirty-third avenue south, then east on thirty-third avenue south until its intersection with the centerline of forty-fifth street south, then south on forty-fifth street south until its intersection with the north boundary of Stanley Township, then east on the north boundary of Stanley Township and the extended centerline of the north boundary of Stanley Township until its intersection with the centerline of interstate highway 29, then south on interstate highway 29 until its intersection with the centerline of sixty-fourth avenue south, then east on sixty-fourth avenue south until its intersection with the east boundary of Stanley Township, then south on the east boundary of Stanley Township until its intersection with an extended straight line from the centerline of seventy-third avenue south, then east on the straight line extended from seventy-third avenue south and on seventy-third avenue south until its intersection with the centerline of seventy-fifth avenue south, also identified as sixteenth street south, then south and east on seventy-fifth avenue south until its intersection with the centerline of eagle point drive south, then south on eagle point drive south until its intersection with the centerline of seventy-sixth avenue south, then east on seventy-sixth avenue south until its intersection with the centerline of south university drive, then south on south university drive until its intersection with the north boundary of Stanley Township, then east and north on the north boundary of Stanley Township until its intersection with the centerline of chrisan boulevard, then northeast on chrisan boulevard until its intersection with the centerline of seventy-first avenue south, then west on seventy-first avenue south until its intersection with the west boundary of Stanley Township, then north, west, north, and east on the boundary of Stanley Township until its intersection with the centerline of the Red River, then south on the Red River until its intersection with the south boundary of Pleasant Township, then west and north on the south boundary of Pleasant Township until its intersection with the south boundary of the Horace city limit, then west on the south boundary of the Horace city limit until its intersection with the west boundary of the Horace city limit, then north on the west boundary of the Horace city limit to the point of beginning.
28. District 28 consists of all of Dickey County, LaMoure County, Logan County, and McIntosh County; and all of Sargent County except that portion contained in District 25.
29. District 29 consists of all of Foster County, Griggs County, Nelson County, and Steele County; and all of Stutsman County except that portion contained in District 12.
30. District 30 consists of those parts of the city of Bismarck, and Apple Creek, Hay Creek, Lincoln-Fort Rice, and Missouri Townships in Burleigh County bound by a line commencing at a point where the centerline of the Missouri River intersects with the centerline of west bismarck expressway, then east on west bismarck expressway until its intersection with the east property line of the riverwood golf course, then south on the east property line of the riverwood golf course until its intersection with a straight line extended west from tucson avenue, then east on the extended line until its intersection with the centerline of south washington street, then south on south washington street until its intersection with the centerline of east burleigh avenue, then east on east burleigh avenue until its intersection with the centerline of south twelfth street, then north on south twelfth street until its intersection with the centerline of basin avenue, then east on basin avenue until its intersection with the centerline of airport road, then north and east on airport road until its intersection with the centerline of east broadway avenue, then west on east broadway avenue until its intersection with the centerline of north nineteenth street, then north on north nineteenth street and a straight line extended north from north nineteenth street until its intersection with the centerline of east boulevard avenue, then east on east boulevard avenue until its intersection with the centerline of north twenty-sixth street, then north on north twenty-sixth street until its intersection with the centerline of east divide avenue, then east on east divide avenue until its intersection with the centerline of east bismarck expressway, then north on east bismarck expressway until its intersection with the centerline of interstate highway 94, then east and north on interstate highway 94 until its intersection with a straight line extending north from brigade street, then south on the extended line until its intersection with the centerline of miriam avenue, then east on miriam avenue until its intersection with the centerline of fifty-second street northeast, then south on fifty-second street northeast until its intersection with the boundary of Apple Creek Township, then west and south on the boundary of Apple Creek Township until its intersection with a straight line extending south from cavalry drive, then south on the extended line until its intersection with the centerline of lincoln road, then east on lincoln road until its intersection with the centerline of fifty-second street southeast, then south on fifty-second street southeast until its intersection with the centerline of forty-eighth avenue southeast, then east on forty-eighth avenue southeast until its intersection with the centerline of sixty-sixth street southeast, then south on sixty-sixth street southeast until its intersection with the centerline of seventy-sixth avenue southeast, then east on seventy-sixth avenue southeast until its intersection with the centerline of ninety-third street southeast, then south on ninety-third street southeast until its intersection with the centerline of the Missouri River, then north, west, and east on the Missouri River to the point of beginning.
31. District 31 consists of all of Grant County and Sioux County; Acme, Beery, Brittian, Campbell, Cannon Ball, Castle Rock, Central Hettinger, Chilton, Farina, Highland, Mott, Odessa, Solon, Steiner, and Walker Townships in Hettinger County; and that part of Morton County not contained in Districts 33, 34, and 36.
32. District 32 consists of those parts of the city of Bismarck and Lincoln-Fort Rice Township in Burleigh County bound by a line commencing at the point where the centerline of business interstate highway 94, also identified as west main avenue, intersects the centerline of the Missouri River, then east on business interstate highway 94 until its intersection with the centerline of rosser avenue, then east on rosser avenue until its intersection with the centerline of bell street, then north on bell street until its intersection with the centerline of west avenue c, then east on west avenue c until its intersection with the centerline of griffin street, then north on griffin street until its intersection with the centerline of tom o’leary trail, then east on tom o’leary trail until its intersection with the centerline of north washington street, then south on north washington street until its intersection with the centerline of west avenue c, then east on west avenue c until its intersection with the centerline of first street, then south on first street until its intersection with the centerline of east broadway avenue, then east on east broadway avenue until its intersection with the centerline of north ninth street, then north on north ninth street until its intersection with the centerline of east avenue e, then east on east avenue e until its intersection with the centerline of north nineteenth street, then south on north nineteenth street until its intersection with the centerline of east broadway avenue, then east on east broadway avenue until its intersection with the centerline of airport road, then south on airport road until its intersection with the centerline of basin avenue, then west on basin avenue until its intersection with the centerline of south twelfth street, then south on south twelfth street until its intersection with the centerline of east burleigh avenue, then west on east burleigh avenue until its intersection with the centerline of south washington street, then north on south washington street until its intersection with a straight line extended west from tucson avenue, then west on the straight line until its intersection with the east property line of the riverwood golf course, then north on the east property line of the riverwood golf course until its intersection with the centerline of west bismarck expressway, then west on west bismarck expressway until its intersection with the centerline of the Missouri River, then north and west on the Missouri River to the point of beginning.
33. District 33 consists of all of Oliver County; all of Mercer County except that portion within the Fort Berthold reservation; that part of the city of Mandan and East Morton Township in Morton County bound by a line commencing at the point where the north boundary of Morton County intersects the west boundary of East Morton Township, then east on the north boundary of Morton County until its intersection with the centerline of the Missouri River, then south and east on the Missouri River until its intersection with the centerline of a straight line extended east from old red trail, then west on the extended line until its intersection with the Mandan city limit, then north, west, and south on the Mandan city limit until its intersection with a straight line extending north from the east property line of union cemetery, then south on the extended straight line until its intersection with the north property line of union cemetery, then west on the north property line of union cemetery and an extended straight line until its intersection with the centerline of old red trail, then west on old red trail until its intersection with the centerline of eighth avenue northwest, then north on eighth avenue northwest until its intersection with the centerline of twenty-seventh street northwest, then west on twenty-seventh street northwest until its intersection with the centerline of twelfth avenue northwest, then south on twelfth avenue northwest and an extended straight line until its intersection with the centerline of old red trail, then west on old red trail until its intersection with the centerline of highland road, then north and west on highland road until its intersection with the Mandan city limit, then west and south on the Mandan city limit until its intersection with the centerline of old red trail, then west on old red trail until its intersection with the centerline of twenty-fifth avenue, then south on twenty-fifth avenue until its intersection with the centerline of interstate highway 94, then west on interstate highway 94 until its intersection with the west boundary of East Morton Township, then north on the west boundary of East Morton Township to the point of beginning; and that part of Longfellow, South McLean, Underwood, and Victoria Townships in McLean County bound by a line commencing at a point where the centerline of the Missouri River intersects the north boundary of Underwood Township, then north and east on the boundary of Underwood Township until its intersection with the north boundary of Victoria Township, then east on the north boundary of Victoria Township until its intersection with the centerline of United States highway 83, then south on United States highway 83 until its intersection with the Washburn city limit, then north, east, and south on the Washburn city limit until its intersection with the centerline of ninth street southwest, then east on ninth street southwest until its intersection with the centerline of state highway 41, then south on state highway 41 until its intersection with the centerline of twenty-sixth street northeast, then west and south on twenty-sixth street northeast until its intersection with the south boundary of McLean County, then west on the south boundary of McLean County until its intersection with the Wilton city limit, then west, north, and south on the Wilton city limit until its intersection with the south boundary of McLean County, then west on the south boundary of McLean County until its intersection with the centerline of the Missouri River, then north and west on the Missouri River to the point of beginning.
34. District 34 consists of that part of the city of Mandan and Mandan Unorganized Township in Morton County bound by a line commencing at a point where the Mandan city limit intersects a straight line extending west from the centerline of division street northwest, then east on the straight line and division street northwest until its intersection with the centerline of collins avenue, then north on collins avenue until its intersection with the centerline of interstate highway 94, then east and south on interstate highway 94 until its intersection with the centerline of Mandan avenue, then south on Mandan avenue until its intersection with the centerline of business interstate highway 94, also identified as memorial highway, then south and east on business interstate highway 94 until its intersection with the centerline of the Missouri River, then south on the Missouri River until its intersection with a straight line extending east from forty-seventh street, then west on the extended line and forty-seventh street until its intersection with the centerline of state highway 1806, then north on state highway 1806 until its intersection with the centerline of fort lincoln road, then north on fort lincoln road until its intersection with the centerline of state highway 1806, then north and west on state highway 1806 until its intersection with the centerline of nineteenth street southeast, then west on nineteenth street southeast until its intersection with the Mandan city limit, then south, east, west, and north on the Mandan city limit until its intersection with the centerline of twenty-seventh street southeast, then east on twenty-seventh street southeast until its intersection with the centerline of fourteenth avenue, then south and east on fourteenth avenue until its intersection with the centerline of percheron drive, then south and west on percheron drive until its intersection with the centerline of buckskin road, then north and west on buckskin road until its intersection with the centerline of tenth avenue, then north on tenth avenue until its intersection with the centerline of twenty-seventh street, then west on twenty-seventh street and an extended straight line until it intersects with the Mandan city limit, then west and north on the Mandan city limit until it intersects with a straight line extending south from the centerline of ridge drive, then north on the extended line until it intersects with the centerline of lincoln court, then east on lincoln court until its intersection with the centerline of westview place, then north on westview place until its intersection with the centerline of twenty-third street southeast, then west on twenty-third street southeast until its intersection with a straight line extending south from the centerline of ridge drive, then north on the extended line and ridge drive until its intersection with the centerline of nineteenth street southeast, then west on nineteenth street southeast until its intersection with the centerline of state highway 6, then north on state highway 6 until its intersection with the centerline of sunny road, then west on sunny road and an extended straight line until its intersection with the centerline of sixteenth avenue southwest, then north and east on the extended line and sixteenth avenue southwest until its intersection with the Mandan city limit, then north, east, and west on the Mandan city limit to the point of beginning.
35. District 35 consists of that part of the city of Bismarck in Burleigh County bound by a line commencing at a point where the centerline of the Missouri River intersects the centerline of interstate highway 94, then east on interstate highway 94 until its intersection with the centerline of east bismarck expressway, then south on east bismarck expressway until its intersection with the centerline of east divide avenue, then west on east divide avenue until its intersection with the centerline of north twenty-sixth street, then south on north twenty-sixth street until its intersection with the centerline of east boulevard avenue, then west and south on east boulevard avenue until its intersection with the centerline of north nineteenth street, then south on north nineteenth street and a straight line extended south from north nineteenth street until its intersection with the centerline of east avenue e, then west on east avenue e until its intersection with the centerline of north ninth street, then south on north ninth street until its intersection with the centerline of east broadway avenue, then west on east broadway avenue until its intersection with the centerline of north first street, then north on north first street until its intersection with the centerline of west avenue c, then west on west avenue c until its intersection with the centerline of north washington street, then north on north washington street until its intersection with the centerline of tom o’leary trail, then west on tom o’leary trail until its intersection with the centerline of griffin street, then south on griffin street until its intersection with the centerline of west avenue c, then west on west avenue c until its intersection with the centerline of bell street, then south on bell street until its intersection with the centerline of rosser avenue, then west on rosser avenue until its intersection with the centerline of business interstate highway 94, also identified as west main avenue, then west on business interstate highway 94 until its intersection with the centerline of the Missouri River, then north and west on the Missouri River to the point of beginning.
36. District 36 consists of all of West Morton Township in Morton County; that part of South Dunn Township in Dunn County not contained in Districts 26 and 39; that part of East Morton Township in Morton County bound by a line commencing at the point where the centerline of county road 84 intersects with the centerline of interstate highway 94, then east on interstate highway 94 until its intersection with the centerline of Sweet Briar Creek, then south on Sweet Briar Creek until its intersection with the centerline of old highway 10, then west on old highway 10 until its intersection with an extended straight line from the centerline of thirty-eighth avenue, then south on a straight line extended from thirty-eighth avenue, on thirty-eighth avenue, and on a straight line extended from thirty-eighth avenue until its intersection with an extended line from the centerline of forty-first street, then west on a straight line extended from forty-first street and on forty-first street until its intersection with the centerline of county road 84, then north on county road 84 to the point of beginning; and those portions of the city of Dickinson and Dickinson North and East Stark Townships in Stark County bound by a line commencing at the point where the centerline of one hundred seventh avenue southwest intersects with the centerline of thirtieth street southwest, then east on thirtieth street southwest until its intersection with the centerline of ninety-third avenue southwest, then north on ninety-third avenue southwest until its intersection with the centerline of twenty-ninth street southwest, then east on twenty-ninth street southwest until its intersection with the centerline of ninety-first avenue southwest, then north on ninety-first avenue southwest and on an extended straight line until its intersection with the centerline of twenty-eighth street southwest, then east on twenty-eighth street southwest and on an extended straight line until its intersection with seventy-eighth avenue southwest, then south on seventy-eighth avenue southwest until its intersection with the centerline of thirtieth street southwest, then east on thirtieth street southwest until its intersection with the east boundary of Stark County, then south on the east boundary of Stark County until its intersection with the south boundary of Stark County, then west on the south boundary of Stark County until its intersection with the west boundary of East Stark Township, then north on the west boundary of East Stark Township until its intersection with the centerline of fortieth street southwest, then west on fortieth street southwest until its intersection with the centerline of tenth avenue southeast, then north on tenth avenue southeast until its intersection with the centerline of twentieth street southeast, then west on twentieth street southeast until its intersection with the centerline of sixth avenue southeast, then north on sixth avenue southeast until its intersection with the Dickinson city limit, then west and north on the Dickinson city limit until its intersection with the centerline of fifteenth street southeast, then east on fifteenth street southeast until its intersection with the centerline of southview avenue, then north on southview avenue until its intersection with the centerline of eighth street southwest, then west on eighth street southwest until its intersection with the centerline of eighth avenue southwest, then north on eighth avenue southwest until its intersection with the centerline of fifth street southwest, then west on fifth street southwest until its intersection with the Dickinson city limit, then north and west on the Dickinson city limit until its intersection with the centerline of state street, then north on state street until its intersection with the centerline of villard street, also identified as business interstate highway 94, then east on villard street until its intersection with the centerline of tenth avenue east, then north on tenth avenue east until its intersection with the centerline of fourteenth street east, then west on fourteenth street east until its intersection with the centerline of fourth avenue east, then north on fourth avenue east and an extended straight line until its intersection with the centerline of twenty-first street east, then west on twenty-first street east until its intersection with the centerline of tenth avenue west, then north on tenth avenue west until its intersection with the centerline of thirty-fourth street southwest, then east on thirty-fourth street southwest until its intersection with the centerline of state highway 22, then north on state highway 22 until its intersection with the centerline of thirty-third street southwest, then east on thirty-third street southwest until its intersection with the centerline of one hundred ninth avenue southwest, then north on one hundred ninth avenue southwest until its intersection with the centerline of thirty-second street southwest, then east on thirty-second street southwest until its intersection with the centerline of one hundred eighth avenue southwest, then south on one hundred eighth avenue southwest until its intersection with the centerline of thirty-third street southwest, then east on thirty-third street southwest until its intersection with the centerline of one hundred seventh avenue southwest, then north on one hundred seventh avenue southwest to the point of beginning.
37. District 37 consists of that part of the city of Dickinson in Stark County bound by a line commencing at the point where the centerline of thirty-fourth street southwest intersects the centerline of one hundred fourteenth avenue southwest, then east on thirty-fourth street southwest until its intersection with the centerline of tenth avenue west, then south on tenth avenue west until its intersection with the centerline of twenty-first street west, then east on twenty-first street west, also identified as twenty-first street east, until its intersection with the extended centerline of fourth avenue east, then south on the extended centerline of fourth avenue east until its intersection with the centerline of fourteenth street east, then east on fourteenth street east until its intersection with the centerline of tenth avenue east, then south on tenth avenue east until its intersection with the centerline of villard street, also identified as business interstate highway 94, then west on villard street until its intersection with the centerline of thirtieth avenue west, then north on thirtieth avenue west and a straight line extending north until its intersection with the centerline of interstate highway 94, then west on interstate highway 94 until its intersection with the centerline of one hundred fourteenth avenue southwest, then north on one hundred fourteenth avenue southwest to the point of beginning.
38. District 38 consists of all of Afton, Burlington, Burt, Des Lacs, Foxholm, Kirkelie, Rolling Green, and St. Marys Townships in Ward County; and those parts of Afton, Eureka, Harrison, and Waterford Townships and those portions of the city of Minot in Ward County not contained in Districts 3, 5, and 40.
39. District 39 consists of all of Adams County, Bowman County, Billings County, Golden Valley County, and Slope County; all of Stark County except those portions contained in Districts 36 and 37; all of Hettinger County except that part contained in District 31; and that part of Dunn County bound by a line commencing at the point where the north boundary of South Dunn Township intersects with the centerline of one hundred twentieth avenue, then west on the north boundary of South Dunn Township until its intersection with the centerline of eighteenth street southwest, then east on eighteenth street southwest and an extended straight line until its intersection with the east boundary of South Dunn Township, then south on the east boundary of South Dunn Township until its intersection with the centerline of the Knife River, then southwest on the Knife River until its intersection with the centerline of twenty-first street southwest, then west on twenty-first street southwest until its intersection with the centerline of eighty-second avenue southwest, then south on eighty-second avenue southwest until its intersection with an extended centerline of twenty-fourth street southwest, then west on an extended centerline and on twenty-fourth street southwest until its intersection with the centerline of state highway 8, then south on state highway 8 until its intersection with the centerline of twenty-eighth street southwest, then west on twenty-eighth street southwest until its intersection with an extended straight line from the centerline of ninety-first avenue southwest, then south on a straight line extended from ninety-first avenue southwest and on ninety-first avenue southwest until its intersection with the centerline of twenty-ninth street southwest, then west on twenty-ninth street southwest until its intersection with the centerline of ninety-third avenue southwest, then south on ninety-third avenue southwest until its intersection with the centerline of thirtieth street southwest, then west on thirtieth street southwest until its intersection with the centerline of one hundred twentieth avenue southwest, then north on one hundred twentieth avenue southwest to the point of beginning.
40. District 40 consists of all of Margaret, Maryland, McKinley, and Tatman Townships in Ward County, that part of Waterford Township and the Minot air force base bound by a line commencing at the point where the east boundary of Waterford Township intersects with the centerline of bomber boulevard, then northwest on bomber boulevard until its intersection with the centerline of peacekeeper place, then northeast on peacekeeper place until its intersection with the east boundary of Waterford Township, and then south on the east boundary of Waterford Township to the point of beginning; and those parts of Eureka, Harrison, and Nedrose Townships, and that part of the city of Minot bound by a line commencing at the point where the centerline of thirtieth street northwest intersects with the north boundary of Eureka Township, also identified as one hundred twenty-eighth avenue northwest, then east and south on the north boundary of Eureka Township until its intersection with the northwest corner of Nedrose Township, then east on the north boundary of Nedrose Township until its intersection with the centerline of twenty-seventh street northeast, then south on twenty-seventh street northeast until its intersection with an extended line from the centerline of nineteenth avenue, then west on a straight line extended from nineteenth avenue and on nineteenth avenue until its intersection with the centerline of airport road, then west on airport road until its intersection with the centerline of nineteenth avenue, then west on nineteenth avenue until its intersection with the centerline of north broadway, also identified as United States highway 83, then south on north broadway until its intersection with the centerline of third avenue northwest until it becomes fourth avenue northwest, then west on fourth avenue northwest until its intersection with the centerline of sixteenth street northwest, then north on sixteenth street northwest until its intersection with the centerline of twenty-first avenue northwest, then west on twenty-first avenue northwest until its intersection with the centerline of thirtieth street northwest, then north on thirtieth street northwest to the point of beginning.
41. District 41 consists of the cities of Frontier and Prairie Rose in Cass County and that part of the city of Fargo and Stanley Township in Cass County bound by a line commencing at the point where the centerline of interstate highway 94 intersects the centerline of interstate highway 29, then east on interstate highway 94 until its intersection with the centerline of twenty-fifth street south, then south on twenty-fifth street south until its intersection with the centerline of twenty-fifth avenue south, then east on twenty-fifth avenue south until its intersection with the centerline of eighteenth street south, then south on eighteenth street south until its intersection with the centerline of thirtieth avenue south, then west on thirtieth avenue south until its intersection with the centerline of twenty-second street south, then south on twenty-second street south until its intersection with the centerline of thirty-second avenue south, then west on thirty-second avenue south until its intersection with the centerline of twenty-fifth street south, then south on twenty-fifth street south until its intersection with the centerline of fifty-second avenue south, also identified as county road 6, then west on fifty-second avenue south until its intersection with the centerline of prosperity way south, then south on prosperity way south and an extended straight line until its intersection with the centerline of sixty-fourth avenue south, then west on sixty-fourth avenue south and an extended straight line until its intersection with the centerline of interstate highway 29, then north on interstate highway 29 until its intersection with an extended line from the north boundary of Stanley Township, then west on the extended boundary of Stanley Township and on the north boundary of Stanley Township until its intersection with the centerline of forty-fifth street south, then north on forty-fifth street south until its intersection with the centerline of fortieth avenue south, then east on fortieth avenue south until its intersection with the centerline of interstate highway 29, then north on interstate highway 29 to the point of beginning.
42. District 42 consists of that part of the city of Grand Forks and Blooming, Brenna, Grand Forks, Mekinock, and Rye Townships in Grand Forks County bound by a line commencing at the point where the centerline of twenty-eighth street northeast intersects with the centerline of twenty-fourth avenue northeast, then east on twenty-fourth avenue northeast until it intersects with the centerline of interstate highway 29, then south on interstate highway 29 until it intersects with the centerline of twelfth avenue northeast, then west on twelfth avenue northeast until it intersects with an extended straight line from the centerline of nineteenth street, then north on a straight line extended from nineteenth street and on nineteenth street until it intersects with the centerline of United States highway 2, also identified as eighteenth avenue, then west on United States highway 2 until it intersects with the centerline of twenty-eighth street northeast, then north on twenty-eighth street northeast to the point of beginning.
43. District 43 consists of that part of Grand Forks Township and that part of the city of Grand Forks in Grand Forks County bound by a line commencing at the intersection of the centerline of interstate highway 29 and the centerline of the BNSF railway company right of way, then east on the BNSF railway company right of way until its intersection with the centerline of south twentieth street, then south on south twentieth street until its intersection with the centerline of twenty-fourth avenue south, then east on twenty-fourth avenue south until its intersection with the centerline of south seventeenth street, then south on south seventeenth street until its intersection with the centerline of twenty-eighth avenue south, then east on twenty-eighth avenue south until its intersection with the centerline of United States highway 81, then south on United States highway 81 until its intersection with the centerline of fortieth avenue south, then west on fortieth avenue south until its intersection with the centerline of south columbia road, then north on south columbia road until its intersection with the centerline of thirty-second avenue south, then west on thirty-second avenue south until its intersection with the centerline of interstate highway 29, then north on interstate highway 29 to the point of beginning.
44. District 44 consists of that part of the city of Fargo and Cass County bound by a line commencing at the point where the centerline of north university drive intersects the centerline of twenty-eighth avenue north, then east on twenty-eighth avenue north until its intersection with the centerline of broadway north, then north on broadway north until its intersection with the centerline of twenty-eighth avenue north, then east on twenty-eighth avenue north until its intersection with the centerline of elm street north, then south on elm street north until its intersection with the centerline of twenty-second avenue north, then east on an extended straight line from twenty-second avenue north until its intersection with the centerline of the Red River, then south, west, and east on the Red River until its intersection with the centerline of interstate highway 94, then west on interstate highway 94 until its intersection with the centerline of tenth street north, then north on tenth street north until its intersection with the centerline of the BNSF railway company right of way, then north and west on the BNSF railway company right of way until its intersection with the centerline of twelfth street north, then north on twelfth street north until its intersection with the centerline of seventh avenue north, then west on seventh avenue north until its intersection with the centerline of the BNSF railway company right of way, then north and west on the BNSF railway company right of way until its intersection with the centerline of twelfth avenue north, then east on twelfth avenue north until its intersection with the centerline of north university drive, then north on north university drive to the point of beginning.
45. District 45 consists of all of Berlin, Gardner, Harwood, Kinyon, Noble, and Wiser Townships and the cities of Harwood, North River, and Reile’s Acres in Cass County; and that portion of the cities of Fargo and West Fargo and Reed Township in Cass County bound by a line commencing at the point where the north boundary of Reed Township intersects the west boundary of Reed Township, then west on the north boundary of Reed Township until its intersection with the centerline of the Red River, then south and east on the Red River until its intersection with a straight line extending east from the centerline of twenty-second avenue north, then west on the straight line until its intersection with the centerline of elm street north, then north on elm street north until its intersection with the centerline of twenty-eighth avenue north, then west on twenty-eighth avenue north until its intersection with the centerline of broadway north, then south on broadway north until its intersection with the centerline of twenty-eighth avenue north, then west on twenty-eighth avenue north until its intersection with the centerline of north university drive, then south on north university drive until its intersection with the centerline of twelfth avenue north, then west on twelfth avenue north until its intersection with the centerline of interstate highway 29, then south on interstate highway 29 until its intersection with the centerline of business interstate highway 94, also identified as main avenue, then west on business interstate highway 94 until its intersection with the centerline of the Sheyenne River, then north, east, and west on the Sheyenne River until its intersection with the centerline of state highway 10, then west on state highway 10 until its intersection with the west boundary of Reed Township, then north on the west boundary of Reed Township to the point of beginning.
46. District 46 consists of the city of Briarwood and that part of the city of Fargo and Stanley Township in Cass County bound by a line commencing at the point where the centerline of thirty-second avenue south intersects the centerline of twenty-fifth street south, then east on thirty-second avenue south until its intersection with the centerline of twenty-second avenue south, then north on twenty-second avenue south until its intersection with the centerline of thirtieth avenue south, then east on thirtieth avenue south until its intersection with the centerline of eighteenth street south, then north on eighteenth street south until it intersects with the centerline of twenty-fifth avenue south, then east on twenty-fifth avenue south until its intersection with the centerline of south university drive, then north on south university drive until its intersection with the centerline of interstate highway 94, then east on interstate highway 94 until its intersection with the centerline of the Red River, then south on the Red River until its intersection with the south boundary of Stanley Township, then west, south, east, and south on the boundary of Stanley Township until its intersection with the centerline of seventy-first avenue south, then east on seventy-first avenue south until its intersection with the centerline of chrisan boulevard, then south on chrisan boulevard until its intersection with the east boundary of Stanley Township, then south on the east boundary of Stanley Township until its intersection with the centerline of seventy-sixth avenue south, then east on seventy-sixth avenue south until its intersection with the centerline of eagle point drive south, then north on eagle point drive south until its intersection with the centerline of seventy-fifth avenue south, then west and north on seventy-fifth avenue south, also identified as sixteenth street south, until its intersection with the centerline of seventy-third avenue south, then west on seventy-third avenue south and an extended straight line until its intersection with the east boundary of Stanley Township, then north on the east boundary of Stanley Township until its intersection with an extended line from the centerline of prosperity way south, then north on the straight line extended from prosperity way south until its intersection with the centerline of county road 6, also identified as fifty-second avenue south, then east on county road 6 until its intersection with the centerline of twenty-fifth street south, then north on twenty-fifth street south to the point of beginning.
47. District 47 consists of that part of the city of Bismarck and Hay Creek Township in Burleigh County bound by a line commencing at a point where the centerline of the north segment of burnt creek loop intersects the centerline of river road, then south and east on river road until its intersection with a straight line extending west from the centerline of fifty-seventh avenue north, then east on the straight line and fifty-seventh avenue north until its intersection with the centerline of north washington street, then south on north washington street until its intersection with the centerline of forty-third avenue northeast, then west on forty-third avenue northeast until its intersection with the centerline of United States highway 83, also identified as state street, then south on United States highway 83 until its intersection with the centerline of interstate highway 94, then west on interstate highway 94 until its intersection with the centerline of the Missouri River, then north and west on the Missouri River until its intersection with a straight line extending west from the centerline of olive tree drive, then east on olive tree drive until its intersection with a straight line extending southwest from a point on the centerline of burnt creek loop that is east on an extended straight line from the centerline of magnolia drive, then north and east on burnt creek loop to the point of beginning.

Source: S.L. 2021, 1st Sp. Sess. ch. 563, § 1, effective November 12, 2021.

54-03-01.15. Staggering of terms of members of the legislative assembly.

1. 1. A senator must be elected from each odd-numbered district in 2022 for a term of four years.
   2. Two representatives must be elected from each odd-numbered district not comprised of subdistricts in 2022 for a term of four years.
   3. A representative must be elected from each odd-numbered subdistrict in 2022 for a term of four years.
2. A senator and two representatives from districts ten and twenty-six must be elected in 2022 for a term of two years.
3. 1. A senator must be elected from each even-numbered district in 2024 for a term of four years.
   2. Two representatives must be elected from each even-numbered district not comprised of subdistricts in 2024 for a term of four years.
   3. A representative must be elected from each even-numbered subdistrict in 2022 for a term of two years and in 2024 for a term of four years.
   4. The term of office of a representative elected in 2020 from an even-numbered district who as a result of redistricting is placed in an even-numbered district with more than one other representative elected in 2020 from an even-numbered district terminates December 1, 2022, and two representatives must be elected from that district in 2022 for a term of two years.
   5. The term of office of a senator elected in 2020 from an even-numbered district who as a result of redistricting is placed in an even-numbered district with one or more other senators elected in 2020 from an even-numbered district terminates December 1, 2022, and one senator must be elected from that district in 2022 for a term of two years.
4. The term of office of a member of the legislative assembly elected in an even-numbered district in 2020 for a term of four years and who as a result of legislative redistricting is placed in an odd-numbered district terminates December 1, 2022.
5. The term of office of a member of the legislative assembly elected in a district comprised of subdistricts as a result of legislative redistricting terminates on December 1, 2022.
6. Except as provided in subsection 7, a member of the legislative assembly elected from an even-numbered district in 2020 for a term of four years and who as a result of legislative redistricting is placed in an odd-numbered district may continue to serve the remainder of the term for which the member was elected beyond December 1, 2022, if the member changes the member’s place of residence by February 1, 2022, to a location within the even-numbered district from which the member was elected and certifies in writing to the secretary of state and the chairman of the legislative management the member has established a new residence in that district as determined by section 54-01-26. If the member does not establish residency within the district from which the member was elected by February 1, 2022, the term of office of the member terminates on December 1, 2022.
7. The term of office of a member of the legislative assembly in an even-numbered district with new geographic area which area was not in that member’s district for the 2020 election and which new geographic area has a 2020 population more than four thousand one hundred forty-four terminates on December 1, 2022.
8. For purposes of section 5 of article IV of the Constitution of North Dakota, a member of the legislative assembly elected from a district with boundaries that changed as a result of legislative redistricting is deemed to live in the district from which the member was elected until December 1, 2022.

Source: S.L. 2021, 1st Sp. Sess. ch. 563, § 2, effective November 12, 2021.

54-03-02. When legislative assembly meets.

1. The legislative assembly shall meet at the seat of government in the month of December following the election of the members thereof for organizational and orientation purposes and shall thereafter recess until the time provided in subsection 2.
2. The legislative assembly shall reconvene at twelve noon on the first Tuesday after the third day in January of the year following the organizational session as provided in subsection 1 or at twelve noon on a date selected by the legislative management but not earlier than January second nor later than January eleventh of the year following the organizational session and, following the close of business of the regular session, shall adjourn subject to subsection 3.
3. Notwithstanding a motion to adjourn sine die, the legislative assembly shall reconvene as determined by the legislative management. The number of natural days used may not exceed the number of natural days available under the constitution which have not been previously used by that legislative assembly in regular session under subsection 2.

Source: N.D. Const., § 53; R.C. 1895, § 20; R.C. 1899, § 20; R.C. 1905, § 20; C.L. 1913, § 26; R.C. 1943, § 54-0302; S.L. 1969, ch. 427, § 2; 1973, ch. 408, § 1; 1979, ch. 534, § 1; 1987, ch. 259, § 10; 1995, ch. 494, § 1; 2009, ch. 482, § 37.

54-03-02.1. Definitions.

For the purposes of this chapter and chapter 54-03.1:

1. “Organizational session” means the meeting of the legislative assembly for organizational and orientation purposes held during the month of December in the even-numbered years.
2. “Regular session” means the legislative session commencing in January of the odd-numbered years and includes any reconvened legislative session, as provided in section 54-03-02.

Source: S.L. 1969, ch. 427, § 1; 1979, ch. 534, § 2; 1995, ch. 494, § 2.

54-03-02.2. Virtual session of the legislative management and legislative assembly during emergency or disaster.

1. If the legislative management meets to vote on whether the legislative management should request the governor call a special session of the legislative assembly, the legislative management may use any technology or electronic means available to conduct meetings and transact legislative business.
2. If the governor calls a special session of the legislative assembly to address a state of emergency or disaster or if the legislative assembly reconvenes to address a state of emergency or disaster, the legislative assembly may use any technology or electronic means available to conduct meetings and transact legislative business.
3. For purposes of section 7 of article IV of the Constitution of North Dakota, a meeting of the legislative assembly which occurs under this section is deemed to have occurred at the seat of the government, and all actions taken during the meeting have the same legal effect as if the members of the legislative assembly were physically present at the seat of government.

Source: S.L. 2021, ch. 191, § 4, effective April 22, 2021.

54-03-03. Secretary of senate and chief clerk of house to receive certifications and to make roll of members — Certificates filed.

At the opening of each organizational session, reconvened session, or special session of the legislative assembly, the secretary of state shall certify to the secretary of the senate and the chief clerk of the house of representatives the respective members to whom certificates of election have been issued or whose appointments have been filed with the secretary of state under applicable provisions of law since the preceding session of the legislative assembly. The secretary of the senate and chief clerk of the house of representatives shall file the certifications and copies of the certificates of election or appointment, and the certifications and copies of the certificates of election or appointment are prima facie evidence of the right to membership in the respective branch of the legislative assembly of the person certified therein. The secretary of state shall also certify to the secretary of the senate and the chief clerk of the house of representatives the respective members who served in the preceding session of the legislative assembly and whose terms have not expired. After the certifications are received, the secretary of the senate and the chief clerk of the house of representatives shall call and make a correct roll of the names of those respective members who have been certified by the secretary of state. The provisions of this section may not be construed to infringe on the right of each house to be the judge of the qualifications of its members.

Source: Pol. C. 1877, ch. 2, § 14; R.C. 1895, § 21; R.C. 1899, § 21; R.C. 1905, § 21; C.L. 1913, § 27; R.C. 1943, § 54-0303; S.L. 1969, ch. 427, § 3; 2003, ch. 457, § 1.

54-03-04. Organizational session — Calling to order — Officers — Term of office — Officers and chairmen to remain in office during special session.

The secretary and officers of the senate and chief clerk and officers of the house serving at the close of a regular session, unless otherwise removed, shall remain in office until the first day of the organizational session. On the first day of the organizational session, at a time scheduled by the legislative management pursuant to section 54-03.1-02, the president of the senate and the speaker of the house from the previous session, if re-elected, or in the speaker’s absence a member of the majority party of the house with seniority based upon terms of service in the house, shall call the members of their respective houses so enrolled to order. In the absence of the president of the senate, the president pro tempore shall call the members of the senate to order. In the absence of both the president of the senate and the president pro tempore, then some member or other person selected by the members present shall call the members of the senate to order. If the speaker of the house from the previous session is not re-elected and if no party has a majority in the house, the member of the house with seniority based upon terms of service in the house shall call the house to order. If two or more members of the house are tied for seniority and seniority is a factor in determining who shall call the house to order, the persons so tied for seniority shall draw lots to determine who shall call the house to order. The members of the respective houses then may proceed to the election of the necessary officers. The secretary and officers of the senate and chief clerk and officers of the house of representatives, and the chairmen of all procedural and substantive standing legislative committees shall continue to serve in those positions during any special legislative session which may be called, except in case of the death, resignation, or removal of one of those persons, whereupon the position must be filled, upon the convening of the special session, in the manner provided by law or legislative rule. Members serving on procedural or substantive standing committees of the senate or house during a regular session shall continue to serve on those committees during any special legislative session which may be called following that regular session.

Source: Pol. C. 1877, ch. 2, § 15; R.C. 1895, § 22; R.C. 1899, § 22; R.C. 1905, § 22; C.L. 1913, § 28; R.C. 1943, § 54-0304; S.L. 1969, ch. 427, § 4; 1971, ch. 486, § 1; 1979, ch. 535, § 1; 2009, ch. 482, § 38.

54-03-05. Who to administer oath of office to members and officers of the legislative assembly.

The following persons may administer the oath of office to the members and officers of the legislative assembly:

1. The speaker of the house of representatives.
2. The president of the senate.
3. The governor.
4. A judge of the supreme court.
5. A judge of the district court.

Source: Pol. C. 1877, ch. 2; § 6; R.C. 1895, § 25; R.C. 1899, § 25; R.C. 1905, § 25; C.L. 1913, § 31; R.C. 1943, § 54-0305.

54-03-06. Chairman of committee may administer oath.

Any member of a committee or interim committee of the legislative assembly, while acting as chairman of such committee, may administer oaths to such persons as shall be examined before the committee of which the chairman is a member.

Source: Pol. C. 1877, ch. 2, § 8; R.C. 1895, § 26; R.C. 1899, § 26; R.C. 1905, § 26; C.L. 1913, § 32; R.C. 1943, § 54-0306; S.L. 1965, ch. 339, § 1.

54-03-07. Qualifications of members — Each house to judge.

If the qualifications of any member of either house of the legislative assembly are challenged, the right of that member to a seat must be determined by the house in which that person claims a seat as a member, except an election contest must be determined in accordance with chapter 16.1-16.

Source: Pol. C. 1877, ch. 2, § 9; R.C. 1895, § 27; R.C. 1899, § 27; R.C. 1905, § 27; C.L. 1913, § 33; R.C. 1943, § 54-0307; S.L. 1987, ch. 259, § 11.

54-03-08. Selection of officers and employees of legislative assembly.

The senate at the beginning and close of each regular session, and at such other times as may be necessary, shall elect one of its members president pro tempore. The house of representatives shall elect one of its members as speaker. Such other officers and employees as are deemed necessary must be elected or appointed by the respective houses.

Source: Pol. C. 1877, ch. 2, § 11; S.L. 1893, ch. 97, §§ 1, 2; 1895, ch. 76, § 1; R.C. 1895, §§ 28, 29; S.L. 1897, ch. 27, § 1; 1899, ch. 39, § 1; 1899, ch. 104, §§ 1, 2; R.C. 1899, §§ 28, 29; S.L. 1901, ch. 117, § 1; R.C. 1905, §§ 28, 29; S.L. 1907, ch. 164, § 1; C.L. 1913, §§ 34, 36; S.L. 1935, ch. 212, § 1; R.C. 1943, § 54-0308; S.L. 1951, ch. 304, § 1; 1957 Supp., § 54-0308.

54-03-09. Oath of officers.

The officers of each house of the legislative assembly must be required to take and subscribe the oath prescribed in section 4 of article XI of the Constitution of North Dakota.

Source: Pol. C. 1877, ch. 2, § 11; R.C. 1895, § 29; S.L. 1899, ch. 104, § 2; R.C. 1899, § 29; R.C. 1905, § 29; C.L. 1913, § 36; R.C. 1943, § 54-0309.

54-03-10. Compensation of speaker, majority and minority leaders, assistant majority and minority leaders, committee chairmen, and employees.

The speaker of the house, the house majority leader, the senate majority leader, the house minority leader, and the senate minority leader shall each receive as compensation, in addition to any other compensation or expense reimbursement provided by law, the sum of fifteen dollars per day for each calendar day during any regular, special, or organizational session. Chairmen of the substantive standing committees, the house assistant majority leader, the senate assistant majority leader, the house assistant minority leader, and the senate assistant minority leader shall receive additional compensation of ten dollars for each calendar day during any regular, special, or organizational session. The additional compensation provided by this section must be paid in the manner provided in section 54-03-20. The legislative assembly, by concurrent resolution, shall fix the compensation of the other officers and employees elected or appointed.

Source: S.L. 1893, ch. 97, §§ 1, 2; 1895, ch. 76, § 1; R.C.1895, § 28; S.L. 1897, ch. 27, § 1; 1899, ch. 39, § 1; 1899, ch. 104, § 1; 1899, ch. 190; R.C. 1899, § 28; S.L. 1901, ch. 117, § 1; R.C. 1905, § 28; S.L. 1907, ch. 164, § 1; C.L. 1913, § 34; S.L. 1935, ch. 212, § 1; R.C. 1943, § 54-0310; S.L. 1951, ch. 304, § 2; 1957 Supp., § 54-0310; S.L. 1971, ch. 487, § 1; 1983, ch. 82, § 125; 1985, ch. 558, § 1; 1989, ch. 630, § 1; 2011, ch. 1, § 7.

54-03-11. Payment of legislative costs and expenses — President pro tempore of the senate and speaker of the house jointly approve vouchers.

During any legislative session, the speaker of the house and the president pro tempore of the senate, or persons designated by the speaker and the president pro tempore, on behalf of the legislative assembly and without further legislative action, jointly shall approve vouchers for payment of compensation, salaries, and other costs of operation and expenses of the legislative assembly, its committees, and its employees within the limits of legislative appropriations.

Source: S.L. 1890, ch. 86, § 6; 1895, ch. 76, § 4; R.C. 1895, § 31; R.C. 1899, § 31; R.C. 1905, § 30; C.L. 1913, § 37; R.C. 1943, § 54-0311; S.L. 1969, ch. 428, § 1; 1991, ch. 564, § 1.

54-03-12. Duties of secretary of senate and chief clerk of house.

The secretary of the senate and chief clerk of the house of representatives shall perform the duties required of them by the rules of the senate and the house of representatives, as appropriate.

Source: Pol. C. 1877, ch. 2, § 12; R.C. 1895, § 33; R.C. 1899, § 33; R.C. 1905, § 32; C.L. 1913, § 39; R.C. 1943, § 54-0312; S.L. 1991, ch. 565, § 1.

54-03-13. Duties of secretary of senate and chief clerk of house after legislative session. [Repealed]

Repealed by S.L. 1991, ch. 565, § 2.

54-03-14. Removal of officers or employees.

At any time during a session of the legislative assembly, either house by a majority vote may remove from office any officer or employee. In case of the removal of an officer by either house, that officer’s place must be filled by an election viva voce. In all elections under the provisions of this chapter for officers of either house of the legislative assembly, a majority of all votes cast is necessary.

Source: Pol. C. 1877, ch. 2, § 17; R.C. 1895, § 35; R.C. 1899, § 35; R.C. 1905, § 34; C.L. 1913, § 41; R.C. 1943, § 54-0314.

54-03-15. Discharge of officers and employees.

Whenever any officer or employee of the legislative assembly, through neglect or incompetency, fails to discharge the duties of the person’s office or position properly, the body of the legislative assembly in which the person is employed shall declare the office or position vacant and fill the vacancy so created.

Source: S.L. 1890, ch. 86, § 6; 1895, ch. 76, § 5; R.C. 1895, § 32; R.C. 1899, § 32; R.C. 1905, § 31; C.L. 1913, § 38; R.C. 1943, § 54-0315.

54-03-16. Legislative expense — Appropriation.

There is appropriated out of any moneys in the state treasury, as a standing and continuing appropriation, such sum as may be necessary to pay:

1. The mileage and per diem of the members of the legislative assembly;
2. The per diem of officers and employees of the legislative assembly;
3. The expense of investigating committees when authorized by the legislative assembly; and
4. Necessary postage, express, telegrams, telephone, and such other miscellaneous expenses as may be authorized by the legislative assembly, except printing.

Source: S.L. 1891, ch. 8, §§ 1, 2; R.C. 1895, § 36; R.C. 1899, § 36; R.C. 1905, § 35; S.L. 1913, ch. 28, § 1; C.L. 1913, § 42; R.C. 1943, § 54-0316.

54-03-17. Punishment by each house for offenses.

Each house of the legislative assembly may punish, by imprisonment, as for a contempt, any person who is guilty of one or more of the following offenses:

1. Knowingly arresting a member or officer of the house or procuring such member or officer to be arrested in violation of the member’s or officer’s privilege from arrest.
2. Disorderly conduct in the immediate view of the house and directly tending to interrupt its proceedings.
3. Refusing to attend and be examined as a witness either before the house, or a committee thereof, or before any person authorized to take testimony in legislative proceedings.
4. Giving or offering a bribe to a member or attempting by menace or other corrupt means or device, directly or indirectly, to control or influence a member in giving the member’s vote or to prevent the member giving the same.

The term of imprisonment which such house may impose for any contempt specified in this section may not continue beyond thirty days, nor extend beyond the same session of the legislative assembly.

Source: Pol. C. 1877, ch. 2, § 4; N.D. Const., § 48; R.C. 1895, § 23; R.C. 1899, § 23; R.C. 1905, § 23; C.L. 1913, § 29; R.C. 1943, § 54-0317.

Collateral References.

Criminal offense of bribery as affected by lack of authority of state public officer or employee, 73 A.L.R.3d 374.

54-03-18. Penalty.

Any person who commits any offense punishable under section 54-03-17 is guilty of a class A misdemeanor.

Source: Pol. C. 1877, ch. 2, § 5; R.C. 1895, § 24; R.C. 1899, § 24; R.C. 1905, § 24; C.L. 1913, § 30; R.C. 1943, § 54-0318; S.L. 1975, ch. 106, § 574.

54-03-19. Seal to be affixed to bills. [Repealed]

Repealed by S.L. 1997, ch. 30, § 4.

54-03-19.1. Legislative compensation commission — Appointment of members. [Repealed]

Repealed by S.L. 2011, ch. 387, § 1.

54-03-19.2. Meetings — Powers and duties — Expenses. [Repealed]

Repealed by S.L. 2011, ch. 387, § 1.

54-03-20. Compensation and expense reimbursement of members of the legislative assembly.

1. Each member of the legislative assembly is entitled to receive as compensation for services the sum of one hundred eighty-nine dollars through June 30, 2022, and one hundred ninety-three dollars thereafter for each calendar day during any organizational, special, or regular legislative session and for each day that member attends a meeting of a legislative committee between the organizational session and the regular session as authorized by legislative rule.
2. 1. Each member of the legislative assembly is entitled to receive reimbursement for lodging, which may not exceed per calendar month the amount established under this subdivision by the director of the office of management and budget for lodging in state and which may not exceed the rate provided in section 44-08-04 for each calendar day during the period of any organizational, special, or regular session. On August first of each even-numbered year, the director of the office of management and budget shall set the maximum monthly reimbursement for the subsequent two-year period at an amount equal to thirty times seventy percent of the daily lodging reimbursement in effect on that date as provided under subdivision d of subsection 2 of section 44-08-04.
   2. Notwithstanding subdivision a:
      1. A member of the legislative assembly may elect to be reimbursed for less than the amount to which the legislator is entitled under this subsection by claiming the lesser amount on a voucher submitted with the receipt required by section 44-08-04.
      2. The legislative management may establish guidelines that may result in a reduced maximum reimbursement for a single dwelling in which two or more legislators share lodging and the total rent for that dwelling exceeds the amount to which a legislator is entitled under subdivision a.
3. 1. Members of the legislative assembly who receive reimbursement for lodging are also entitled to reimbursement for travel for not to exceed one round trip taken during any calendar week, or portion of a week, the legislative assembly is in session, between their residences and the place of meeting of the legislative assembly, at the rate provided for state employees with the additional limitation that reimbursement for travel by common carrier may be only at the cost of coach fare and may not exceed one and one-half times the amount the member would be entitled to receive as mileage reimbursement for travel by motor vehicle.
   2. A member of the legislative assembly who does not receive reimbursement for lodging and whose place of residence in the legislative district that the member represents is not within the city of Bismarck is entitled to reimbursement at the rate provided for state employees for necessary travel for not to exceed one round trip taken per day between the residence and the place of meeting of the legislative assembly when it is in session and may receive reimbursement for lodging at the place of meeting of the legislative assembly as provided in section 44-08-04 for each calendar day for which round trip travel reimbursement is not claimed, provided that the total reimbursement may not exceed the maximum monthly reimbursement allowed under subdivision a of subsection 2.
4. The amount to which each legislator is entitled must be paid following the organizational session in December and each month upon submission of a voucher and appropriate documentation during a regular or special session, consistent with section 26 of article XI of the constitution of North Dakota.
5. If during a special session, the legislative assembly adjourns for more than three days, a member of the legislative assembly is entitled to receive compensation during those days only while in attendance at a standing committee if the legislator is a member of that committee, a majority or minority leader, or a legislator who is not on that committee but who has the approval of a majority or minority leader to attend.
6. A day, or portion of a day, spent in traveling to or returning from an organizational, special, or regular session or a legislative committee meeting must be included as a calendar day during a legislative session or as a day of a legislative committee meeting for the purposes of this section.
7. 1. In addition, each member is entitled to receive during the term for which the member was elected, as compensation for the execution of public duties during the biennium, the sum of five hundred twenty-six dollars through June 30, 2022, and five hundred thirty-seven dollars thereafter per month, paid monthly.
   2. If a member dies or resigns from office during the member’s term, the member may be paid only the allowances provided for in this section for the period for which the member was actually a member.
   3. The majority and minority leaders of the house and senate and the chairman of the legislative management, if the chairman is not a majority or minority leader, are each entitled to receive as compensation, in addition to any other compensation or expense reimbursement provided by law, the sum of three hundred seventy-seven dollars through June 30, 2022, and three hundred eighty-five dollars thereafter per month during the biennium for their execution of public duties.
8. Attendance at any organizational, special, or regular session of the legislative assembly by any member is a conclusive presumption of entitlement as set out in this section and compensation and expense allowances must be excluded from gross income for income tax purposes to the extent permitted for federal income tax purposes under section 127 of the Economic Recovery Tax Act of 1981 [Pub. L. 97-34; 95 Stat. 202; 26 U.S.C. 162(i)].
9. Before each regular legislative session, the legislative management shall make recommendations and submit any necessary legislation to adjust legislative compensation amounts.

Source: S.L. 1945, ch. 72, § 1; 1949, ch. 312, § 1; 1957, ch. 334, § 1; R.C. 1943, 1957 Supp., § 54-0320; S.L. 1959, ch. 368, § 1; 1965, ch. 340, § 1; 1967, ch. 379, § 1; 1969, ch. 426, § 1; 1969, ch. 427, § 5; 1971, ch. 487, § 2; 1973, ch. 409, § 1; 1975, ch. 418, § 2; 1977, ch. 476, § 1; 1979, ch. 536, § 1; 1981, ch. 520, § 1; S.L. 1983, ch. 551, § 1; 1985, ch. 558, § 2; 1987, ch. 620, § 1; 1989, ch. 630, § 2; 1989, ch. 631, § 1; 1991, ch. 566, § 1; 1993, ch. 505, § 3; 1997, ch. 433, § 1; 1997, ch. 434, § 1; 1997, ch. 435, § 1; 1999, ch. 442, § 1; 2001, ch. 26, § 3; 2001, ch. 467, § 1; 2001, ch. 468, § 1; 2003 Sp., ch. 668, § 1; 2005, ch. 15, § 17; 2005, ch. 29, § 10; 2005, ch. 472, § 1; 2007, ch. 453, §§ 1, 2, 3, 4.; 2007, ch. 1, §§ 9, 10; 2009, ch. 29, §§ 9, 10; 2009, ch. 386, §§ 2-6; 2009, ch. 482, §§ 40, 97; 2011, ch. 1, §§ 8, 9; 2011, ch. 41, § 26; 2013, ch. 32, §§ 6, 7; 2015, ch. 366, § 1, effective March 26, 2015; 2015, ch. 1, § 6, effective July 1, 2015; 2015, ch. 1, § 7, effective April 27, 2015; 2019, ch. 1, § 7, effective July 1, 2019; 2019, ch. 1, § 8, effective July 1, 2020; 2021, ch. 29, § 6, effective July 1, 2021.

Effective Date.

The 2015 amendment of this section by section 6 of chapter 1, S.L. 2015 became effective July 1, 2015, pursuant to an emergency clause in section 13 of chapter 1, S.L. 2015.

The 2015 amendment of this section by section 7 of chapter 1, S.L. 2015 becomes effective July 1, 2016, pursuant to an emergency clause in section 13 of chapter 1, S.L. 2015.

The 2015 amendment of this section by section 1 of chapter 366, S.L. 2015 became effective March 26, 2015, pursuant to an emergency clause in section 4 of chapter 366, S.L. 2015.

The 2013 amendment of this section by section 7 of chapter 32, S.L. 2013 becomes effective July 1, 2014.

The 2013 amendment of this section by section 6 of chapter 32, S.L. 2013 became effective July 1, 2013.

The 2001 amendment of this section by section 1 of chapter 468, S.L. 2001 is retroactive in application to January 1, 2001, pursuant to section 2 of chapter 468, S.L. 2001.

Note.

Section 54-03-20 was amended 3 times by the 2015 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 6 of Chapter 384, Session Laws 2015, House Bill 1001; Section 1 of Chapter 366, Session Laws 2015, House Bill 1199; and Section 7 of Chapter 1, Session Laws 2015, House Bill 1001.

Section 3 of chapter 668, S.L. 2003, Sp., provides:

“ RETROACTIVE APPLICATION OF ACT. This Act is retroactive in application to May 4, 2003.”

Section 2 of chapter 467, S.L. 2001, provides: “ RETROACTIVE APPLICATION. Section 1 of this Act [this section] is retroactive in application to December 7, 2000.”

Cross-References.

Compensation of nursing board members, see N.D.C.C. § 43-12.1-07.

54-03-20.1. Compensation for attending legislators. [Repealed]

Repealed by S.L. 1985, ch. 558, § 4.

54-03-20.2. Creation of legislative compensation commission — Appointment of members. [Repealed]

Repealed by S.L. 1979, ch. 537, § 1.

54-03-20.3. Meetings — Powers and duties — Expenses. [Repealed]

Repealed by S.L. 1979, ch. 537, § 1.

54-03-21. Conflict of interest — Prohibition — Misdemeanor. [Repealed]

Repealed by S.L. 1967, ch. 380, § 1.

Note.

The supreme court in Melland v. Johanneson, 160 N.W.2d 107 (1968), held that this section made an arbitrary classification denying equal protection of the laws in violation of sections 11 and 20 of the state Constitution (now sections 21 and 22 of article I) and section 1 of the Fourteenth Amendment to the United States Constitution, overruling Lindberg v. Benson, 70 N.W.2d 42 (1955).

54-03-22. When party or attorney is member of legislative assembly.

A member of the legislative assembly who is a witness or party to a civil action or has been the attorney of record for a party in a civil action for more than fifteen days is entitled to a continuance or an extension of time for any matter related to the civil action during the time the member of the legislative assembly is actually engaged in the performance of the member’s duties at a session of the legislative assembly and attendance of the member of the legislative assembly is necessary in the action. Upon application for the continuance or extension, the proceeding must be continued and may not proceed within ten days after the adjournment of the legislative assembly over the objection of the party, witness, or attorney of record. Notice of motion, together with a copy of an affidavit stating that the party, witness, or the attorney of record is a member of the legislative assembly, must be served upon every other party to the action at least ten days before the date of the matter sought to be continued. It is sufficient cause for the continuance of any proceeding before any board, commission, or agency of the state or its political subdivisions that any witness, party to the proceeding, or a party’s attorney is a member of the legislative assembly and the legislative assembly is in session. The witness, party, or the party’s attorney shall give written notice of the fact of membership in the legislative assembly along with a request for continuance of the proceeding to the board, commission, or agency before which the member of the legislative assembly was to appear. Upon receipt of the notices, the board shall continue the proceeding to a date not less than ten days after adjournment of the legislative assembly and shall notify the other parties to the proceeding, and their attorneys, of the continuance.

Source: S.L. 1899, ch. 47, § 1; R.C. 1899, § 5722a; R.C. 1905, § 7329; S.L. 1909, ch. 4, § 1; C.L. 1913, § 7949; S.L. 1921, ch. 130, §§ 1, 2; 1925 Supp., §§ 7949, 7949a; R.C. 1943, § 28-1211; S.L. 1969, ch. 430, § 1; 2001, ch. 469, § 1.

Note.

The provisions of section 28-12-11 were reinserted as this section.

Cross-References.

Application for continuance on ground defendant or his attorney is member of legislative assembly, see N.D.C.C. § 29-19-07.

Collateral References.

Counsel’s absence because of attendance on legislature as ground for continuance, 49 A.L.R.2d 1073.

54-03-23. Century Code distributed to each legislator — Retention.

Each member of the legislative assembly is entitled to receive a current set of the North Dakota Century Code as provided in section 46-04-01. Upon the election of a member of the legislative assembly, the secretary of state shall request of that member whether that member wants to receive a set of the code under this section. The secretary of state shall deliver a set of the code to each member who elects to receive a copy of the code. A legislator who elects to receive a set of the code is entitled to current supplements and volumes as provided in section 46-04-03 to maintain the code during the legislator’s service. The code received by a legislator under this section is not subject to section 46-04-04. After a legislator’s service in the legislative assembly is terminated, the secretary of state shall inform the legislator that the legislator may elect to retain the set of the code or to return the set at the expense of the secretary of state. If the legislator elects to retain the set, the secretary of state shall inform the legislator how to obtain a subscription to maintain the legislator’s code.

Source: S.L. 1979, ch. 538, § 2; 1995, ch. 495, § 1.

54-03-24. Administrative code.

Each member of the legislative assembly is entitled to receive electronic notification of quarterly updates to the North Dakota administrative code as provided in section 28-32-20.

Source: S.L. 1979, ch. 373, § 2; 2001, ch. 293, § 27; 2019, ch. 267, § 2, effective August 1, 2019.

54-03-25. Bills and amendments affecting workforce safety and insurance fund — Actuarial impact statement.

Workforce safety and insurance shall review any legislative measure affecting workforce safety and insurance benefits or premium rates to determine whether the measure will have an actuarial impact on the workforce safety and insurance fund. If the organization determines that the measure will have an actuarial impact on the fund, the organization shall submit, before the measure is acted upon, an actuarial impact statement prepared, at the expense of the organization, by the actuary employed by the organization. The organization shall review any amendment affecting workforce safety and insurance benefits or premium rates and shall submit, before the amendment is acted upon, either a statement prepared by the organization, stating that the amendment is not expected to have any actuarial impact on the workforce safety and insurance fund, or an actuarial impact statement prepared, at the expense of the organization, by the actuary employed by the organization.

Source: S.L. 1991, ch. 714, § 17; 1993, ch. 45, § 19; 1995, ch. 54, § 39; 1995, ch. 628, § 1; 2003, ch. 561, § 3.

54-03-26. Personal computers and associated software used by legislators — Fee — Continuing appropriation.

1. Notwithstanding any other provision of law, a member of the legislative assembly who is assigned a computer may use that computer and its associated equipment and software for any use that is not in violation of section 16.1-10-02 upon payment of a computer usage fee established by the legislative management.
2. The legislative management may establish a policy under which a member of the legislative assembly who has paid a computer usage fee under subsection 1 may purchase the computer used by that member for the appraised or market value of the computer upon the replacement of the computer by the legislative council.
3. Any funds received by the legislative council through the sale of a computer under subsection 2 must be deposited in the legislative services fund in the state treasury.

Source: S.L. 1997, ch. 436, § 1; 2009, ch. 457, § 1; 2009, ch. 482, § 41.

Note.

Section 54-03-26 was amended 2 times by the 2009 Legislative Assembly. Pursuant to section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in section 1 of chapter 457, Session Laws 2009, House Bill 1178; and section 41 of chapter 482, Session Laws 2009, House Bill 1436.

54-03-27. Service in the legislative assembly — Leave of absence from employment.

The executive officer in charge of a state agency, department, or institution or the governing body of any political subdivision or any other employer in this state may grant a leave of absence from employment to a full-time employee of that governmental entity or of that employer who is a member of the legislative assembly for service during any regular or special session of the legislative assembly and for attendance at a meeting of the legislative management or any of its committees. The leave of absence may be without pay, and the employer may reduce or eliminate the payment of any additional benefits normally due the employee while the employee is performing legislative service. If the leave of absence is granted, the employer may not terminate the employment of an employee solely due to the fact that the employee is absent from employment as the result of service in the legislative assembly.

Source: S.L. 1999, ch. 443, § 1; 2001, ch. 470, § 1; 2009, ch. 482, § 42.

54-03-28. Health insurance mandated coverage of services — Cost-benefit analysis requirement.

1. If the legislative management determines a legislative measure mandates health insurance coverage of services or payment for specified providers of services, the measure may not be referred to a committee of the legislative assembly unless a cost-benefit analysis provided by the legislative management is appended to that measure.
   1. If a committee of the legislative assembly determines a measure mandating health insurance coverage of services or payment of specified providers was referred to committee without a cost-benefit analysis, the committee shall request the legislative management provide a cost-benefit analysis. The committee may not act on the measure unless the measure is accompanied by the cost-benefit analysis.
   2. If a committee of the legislative assembly determines a proposed amendment to a measure mandates health insurance coverage of services or payment of specified providers, the committee may not act on the proposed amendment unless the amendment is accompanied by a cost-benefit analysis or amended cost-benefit analysis provided by the legislative management.
2. Factors considered in the cost-benefit analysis must include:
   1. The extent to which the proposed mandate would increase or decrease the cost of the service.
   2. The extent to which the proposed mandate would increase the appropriate use of the service.
   3. The extent to which the proposed mandate would increase or decrease the administrative expenses of insurers and the premium and administrative expenses of insureds.
   4. The impact of the proposed mandate on the total cost of health care.
3. A committee of the legislative assembly may not act on a legislative measure that the legislative management or committee determines mandates health insurance coverage of services or payment for specified providers of services unless the measure as recommended by the committee provides:
   1. The measure is effective through June thirtieth of the next odd-numbered year following the year in which the legislative assembly enacted the measure, and after that date the measure is ineffective.
   2. The application of the mandate is limited to the public employees health insurance program and the public employee retiree health insurance program. The application of such mandate begins with every contract for health insurance which becomes effective after June thirtieth of the year in which the measure becomes effective.
   3. That for the next legislative assembly, the public employees retirement system shall prepare and request introduction of a bill to repeal the expiration date and to extend the mandated coverage or payment to apply to accident and health insurance policies. The public employees retirement system shall append to the bill a report regarding the effect of the mandated coverage or payment on the system’s health insurance programs. The report must include information on the utilization and costs relating to the mandated coverage or payment and a recommendation on whether the coverage or payment should continue. For purposes of this section, the bill is not a legislative measure mandating health insurance coverage of services or payment for specified providers of services, unless the bill is amended following introduction so as to change the bill’s mandate.
4. The legislative management shall adopt a procedure for identifying measures and proposed measures mandating health insurance coverage of services or payment for specified providers of services. The procedure must include solicitation of draft measures and proposals during the interim between legislative sessions from legislators and agencies with bill introduction privileges and must include deadlines for identification of the measures or proposals.
5. The legislative council shall contract with a private entity, after receiving one or more recommendations from the insurance commissioner, to provide the legislative management the cost-benefit analysis required by this section. The insurance commissioner shall pay the cost of the contracted services to the entity providing the services.

Source: S.L. 2001, ch. 471, § 1; 2003, ch. 240, § 6; 2021, ch. 391, § 2, effective May 1, 2021.

54-03-29. Acceptance of gifts — Continuing appropriation.

The legislative assembly or either house of the legislative assembly may accept donations of funds. Funds received as a donation may be expended by the legislative assembly by concurrent resolution or the appropriate house upon motion. All funds under this section are appropriated as a continuing appropriation for the purposes contained in the concurrent resolution or motion approving the expenditure of the funds.

Source: S.L. 2007, ch. 454, § 1.

54-03-30. Audio recording of floor sessions.

The senate shall adopt rules regarding the recording of senate floor sessions and the house of representatives shall adopt rules regarding the recording of house floor sessions. The legislative council shall archive all audio recordings of floor sessions. Audio recordings of floor sessions are public records that must be open and accessible for inspection during reasonable office hours.

Source: S.L. 2011, ch. 388, § 1.

54-03-31. Federal health care reform law.

1. The legislative assembly declares that the federal laws known as the Patient Protection and Affordable Care Act [Pub. L. 111-148] and the Health Care and Education Reconciliation Act of 2010 [Pub. L. 111-152] likely are not authorized by the United States Constitution and may violate its true meaning and intent as given by the founders and ratifiers.
2. The legislative assembly shall consider enacting any measure necessary to prevent the enforcement of the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 within this state.
3. No provision of the Patient Protection and Affordable Care Act or the Health Care and Education Reconciliation Act of 2010 may interfere with an individual’s choice of a medical or insurance provider except as otherwise provided by the laws of this state.

Source: S.L. 2011, ch. 389, § 1.

54-03-32. Review of presidential executive orders — Restriction.

1. The legislative management may review any executive order issued by the president of the United States which has not been affirmed by a vote of the Congress of the United States and signed into law as prescribed by the Constitution of the United States and recommend to the attorney general and the governor that the executive order be further reviewed. Upon recommendation from the legislative management, the attorney general shall review the executive order to determine the constitutionality of the order and whether the state should seek an exemption from the application of the order or seek to have the order declared to be an unconstitutional exercise of legislative authority by the president.
2. Notwithstanding any other provision of law, the state, a political subdivision, or any other publicly funded organization may not implement an executive order if the attorney general issues an opinion that the executive order unconstitutionally restricts a person’s rights or has been found unconstitutional by a court of competent jurisdiction and the executive order relates to:
   1. Pandemics or other health emergencies;
   2. The regulation of natural resources, including coal and oil;
   3. The regulation of the agriculture industry;
   4. The use of land;
   5. The regulation of the financial sector as it relates to environmental, social, or governance standards; or
   6. The regulation of the constitutional right to keep and bear arms.

Source: S.L. 2013, ch. 399, § 1; 2021, ch. 392, § 1, effective August 1, 2021.

Effective Date.

This section became effective August 1, 2013.

54-03-33. Certification of delegates to United States convention of the states.

1. If a convention of the states is called pursuant to article V of the United States Constitution, the legislative assembly or an official designated by the legislative assembly shall certify each delegate and alternate delegate from this state to the convention and provide a written copy of the certification to each delegate and alternate delegate and to the convention. If a delegate is ineligible or unwilling to serve as a delegate at the convention, the legislative assembly or the official designated by the legislative assembly shall certify an alternate delegate to replace the delegate and immediately provide a copy of the certification to the delegate and the convention.
2. If a delegate is rendered ineligible to serve under subsection 4, the delegate’s certification must provide notice to the convention that any vote or other action taken by that delegate should be considered void.
3. An individual who has not been certified under this section may not serve as a delegate at the convention.
4. As a condition of being eligible for consideration or selection as a delegate or alternate delegate, each delegate and alternate delegate shall execute the following oath:
5. A delegate at the convention may not vote to allow consideration of or consider or approve any unauthorized amendment. An “unauthorized amendment” means:
   1. A proposed amendment that varies from the exact text of the amendment contained in the application made by the legislative assembly, which limits the convention to approving or disapproving that exact text, or if the legislative assembly did not make the application, the exact text of the amendment contained in the applications relied upon by the United States Congress in calling the convention, if the application contains exact text for a proposed amendment; or
   2. A proposed amendment that is outside the permitted subject matter of the application made by the legislative assembly, or if the legislative assembly did not make the application, the permitted subject matter of the applications relied upon by the United States Congress in calling the convention and as the subject matter may be further defined by the legislative assembly or an official designated by the legislative assembly, in instructions adopted by the legislative assembly by concurrent resolution and provided to each delegate and alternate delegate.
6. The legislative assembly or an official designated by the legislative assembly shall provide guidance upon the request of any delegate or alternate delegate as to whether a proposed amendment is within the permitted subject matter of the convention.
7. A delegate casting or attempting to cast a vote at a convention in violation of this section must be rendered ineligible to continue to serve as a delegate and must be immediately removed from office and replaced by an alternate delegate as provided under this section. A vote cast by a delegate at a convention which is in violation of this section is void.

I do solemnly swear or affirm that I will, to the best of my abilities, support the United States Constitution and the Constitution of North Dakota and I will not vote to allow consideration of or consider or approve any unauthorized amendment proposed for ratification to the United States Constitution. I understand that a violation of this oath will result in my being rendered ineligible to serve as a delegate at the convention as well as subject me to additional penalties under the laws of North Dakota.

History. S.L. 2015, ch. 367, § 1, effective August 1, 2015.

Effective Date.

This section became effective August 1, 2015.

54-03-34. Dynamic fiscal impact bill selection committee. [Expired]

Source: S.L. 2017, ch. 364, § 2, effective August 1, 2017; expired by 2017, ch. 364, § 3, effective July 1, 2019.

54-03.1-01. Declaration of purpose. [Repealed]

Repealed by S.L. 1969, ch. 427, § 9.

54-03.1-02. Time and place of meeting — Who must attend.

In each even-numbered year on the first Monday in the month of December or on a date selected by the legislative management but not earlier than December first nor later than December fifteenth, all persons elected at the previous November general election as members of the succeeding legislative session, and members whose terms do not expire until the first day of December following the next November general election, shall meet in the state capitol in the city of Bismarck, or at such other place as may be designated, at a time designated by the legislative management for the purpose of conducting an organizational session. The legislative management shall call the organizational session and the legislative council shall make such arrangements as may be necessary for operation of the session.

Source: S.L. 1965, ch. 342, § 2; 1969, ch. 427, § 7; 1969, ch. 448, § 23; 1987, ch. 259, § 12; 1999, ch. 444, § 1; 2005, ch. 473, § 1; 2009, ch. 482, § 43.

Cross-References.

“Organizational session” and “regular session” defined, see N.D.C.C. § 54-03-02.1.

54-03.1-03. Agenda.

The agenda of the organizational session must include the following:

1. Orientation classes upon legislative rules and procedure for new legislators;
2. Presentation of reports by legislative interim committees or commissions;
3. Party caucuses to review proposed legislative rules and committee assignments, as appropriate;
4. Appointment of procedural committees;
5. Presentation of the budget and revenue proposals recommended by the governor as provided in section 54-44.1-07; and
6. All other similar matters, in order that the legislative assembly be fully organized and ready to begin its business by the first day of the regular session.

Source: S.L. 1965, ch. 342, § 3; 1969, ch. 427, § 8; 1989, ch. 632, § 1; 2003, ch. 458, § 1.

54-03.1-04. Compensation for attending legislators. [Repealed]

Repealed by S.L. 1969, ch. 427, § 9.

54-03.2-01. Establishment and purpose of code.

A code of fair procedure for legislative investigating committees is hereby established for the purpose of providing for the creation and operation of legislative investigating committees in a manner which will enable them to perform properly the powers and duties vested in them, including the conduct of hearings, in a fair and impartial manner, consistent with protection of the constitutional rights of persons called to testify at such hearings and preservation of the public good.

Source: S.L. 1969, ch. 431, § 1.

54-03.2-02. Definitions.

As used in this code:

1. “Hearing” means any meeting in the course of an investigatory proceeding, other than a preliminary conference or interview at which no testimony is taken under oath, conducted by an investigating committee for the purpose of taking testimony or receiving other evidence. A hearing may be open to the public or closed to the public.
2. “Investigating committee” means any of the following:
   1. A standing or select committee of either house of the legislative assembly.
   2. A joint committee of both houses.
   3. An authorized subcommittee of a legislative committee.
   4. The legislative management and any interim committee of the legislative management if specifically designated by the legislative management as an investigating committee with subpoena powers.
   5. Any other body created by law, the members of which may include nonlegislators.
3. “Public hearing” means any hearing open to the public or the proceedings of which are made available to the public.

Investigating committees have the power to issue subpoenas and subpoenas duces tecum in the manner provided for in section 54-03.2-08. Nothing in this chapter may be construed as in derogation of any power to issue subpoenas which is inherent in the legislative assembly or any of its committees.

Source: S.L. 1969, ch. 431, § 2; 1973, ch. 410, § 1; 2009, ch. 482, § 44.

54-03.2-03. Establishment of investigating committees by legislative assembly.

An investigating committee may exercise its powers during sessions of the legislative assembly and also in the interim between sessions when so provided by law or by the motion, resolution, or statute by which the committee was established or from which it derives its investigatory powers. The motion, resolution, or statute establishing a temporary investigating committee must state the committee’s purposes, powers, duties, and duration, the subject matter and scope of its investigatory authority, and the number of its members.

Source: S.L. 1969, ch. 431, § 3; 1973, ch. 410, § 2.

54-03.2-04. Adoption of rules.

Each investigating committee shall adopt rules, not inconsistent with law or any applicable rules of the legislative assembly, governing its procedures, including the conduct of hearings.

Source: S.L. 1969, ch. 431, § 4.

54-03.2-05. Finances and staff.

Each investigating committee may employ such professional, technical, clerical, or other personnel as necessary for the proper performance of its duties, to the extent of funds made available to it for such purpose and subject to such restrictions and procedures relating thereto as may be provided by law or any applicable rules of the legislative assembly.

Source: S.L. 1969, ch. 431, § 5.

54-03.2-06. Membership, quorum, and voting.

An investigating committee shall consist of not less than five members. A quorum shall consist of a majority of the total authorized membership of the committee. No action may be taken by a committee at any meeting unless a quorum is present. The committee may act by a majority vote of the members present and voting at a meeting at which there is a quorum, unless the provisions of this code or any other statute require a greater number or proportion.

Source: S.L. 1969, ch. 431, § 6.

54-03.2-07. Hearings.

An investigating committee may hold hearings appropriate for the performance of its duties, at such times and places as the committee determines.

The committee shall provide by its rules that each member of the committee be given at least three days’ written notice of any hearing to be held when the legislative assembly is in session and at least seven days’ written notice of any hearing to be held when the legislative assembly is not in session. Such notices must include a statement of the subject matter of the hearing. A hearing, and any action taken at a hearing, may not be deemed invalid solely because notice of the hearing was not given in accordance with this requirement.

Any investigating committee may not conduct a hearing unless a quorum is present.

Source: S.L. 1969, ch. 431, § 7.

54-03.2-08. Issuance of subpoenas.

Every investigating committee may, by majority vote of all of its members, issue a subpoena requiring a person to appear before the committee and be examined in reference to any matter within the scope of the inquiry or investigation being conducted by the committee. The committee may also issue a subpoena or subpoena duces tecum requiring any person to appear before the committee and bring any books, papers, or other documents pertinent thereto.

A person subpoenaed to attend a hearing of an investigating committee shall receive the same fees and allowances as a person subpoenaed to give testimony in an action pending in a court of record, which fees and allowances must be paid from either the legislative appropriation, or from the appropriation, if any, to the investigating committee issuing the subpoena.

Source: S.L. 1969, ch. 431, § 8; 1973, ch. 410, § 3.

Cross-References.

Witness fees, see N.D.C.C. § 31-01-16.

54-03.2-09. Notice to witnesses.

Service of a subpoena requiring the attendance of a person at a hearing of an investigating committee must be made in the manner provided by law for the service of subpoenas in civil actions at least seven days prior to the date of the hearing unless a shorter period of time is authorized by majority vote of all of the members of the committee in a particular instance when, in their opinion, the giving of seven days’ notice is not practicable; but if a shorter period of time is authorized, the person subpoenaed must be given reasonable notice of the hearing, consistent with the particular circumstances involved.

Any person who is served with a subpoena to attend a hearing of an investigating committee also must be served with a copy of the motion, resolution, or statute establishing or authorizing creation of the committee, a general statement informing the person of the subject matter of the committee’s investigation or inquiry, and a notice that the person may be accompanied at the hearing by counsel of the person’s own choosing.

Source: S.L. 1969, ch. 431, § 9; 1973, ch. 410, § 4.

Cross-References.

Service of subpoenas in civil actions, see N.D.R.Civ.P. 45.

54-03.2-10. Conduct of hearings.

All hearings of an investigating committee must be public except an investigative hearing of an individual may be closed upon specific request by the individual or the individual’s counsel with consent of a majority of the committee.

The chairman of an investigating committee, if present and able to act, shall preside at all hearings of the committee and shall conduct the examination of witnesses or supervise examination by other members of the committee, the committee’s counsel, or members of the committee’s staff who are so authorized. In the chairman’s absence or disability, the vice chairman shall serve as presiding officer. The committee shall provide by its rules for the selection of a presiding officer to act in the absence or disability of both the chairman and the vice chairman.

No hearing, or part thereof, may be televised, filmed, or broadcast except upon approval of the committee, by majority vote of all of its members.

Source: S.L. 1969, ch. 431, § 10.

54-03.2-11. Right to counsel and submission of questions.

Every witness at a hearing of an investigating committee may be accompanied by counsel of the witness’s own choosing, who may advise the witness as to the witness’s rights, subject to reasonable limitations which the committee may prescribe to prevent obstruction of or interference with the orderly conduct of the hearing.

Any witness at a hearing, or the witness’s counsel, may submit to the committee proposed questions to be asked of the witness or any other witness relevant to the matters upon which there has been any questioning or submission of evidence, and the committee shall ask such of the questions as are appropriate to the subject matter of the hearing.

Source: S.L. 1969, ch. 431, § 11.

54-03.2-12. Testimony.

1. An investigating committee shall cause a record to be made of all proceedings in which testimony or other evidence is demanded or adduced, which record must include rulings of the chair, questions of the committee and its staff, the testimony or responses of witnesses, sworn written statements submitted to the committee, and such other matters as the committee or its chairman may direct.
2. All testimony given or adduced at a hearing must be under oath or affirmation unless the requirement is dispensed with in a particular instance by majority vote of the committee members present at the hearing.
3. Any member of an investigating committee may administer an oath or affirmation to a witness at a hearing of such committee.
4. The presiding officer at a hearing may direct a witness to answer any relevant question or furnish any relevant book, paper, or other document, the production of which has been required by subpoena duces tecum. Unless the direction is overruled by majority vote of the committee members present, disobedience constitutes a contempt.
5. A witness at a hearing or the witness’s counsel, with the consent of a majority of the committee members present at the hearing, may file with the committee for incorporation into the record of the hearing sworn written statements relevant to the purpose, subject matter, and scope of the committee’s investigation or inquiry.
6. A witness at a hearing, upon the witness’s advance request and at the witness’s own expense, must be furnished a certified transcript of the witness’s testimony at the hearing.
7. Testimony and other evidence given or adduced at a hearing closed to the public may not be made public unless authorized by majority vote of all of the members of the committee, which authorization must also specify the form and manner in which the testimony or other evidence may be released.
8. All information of a defamatory or highly prejudicial nature received by or for the committee other than in an open or closed hearing must be deemed to be confidential. No such information may be made public unless authorized by majority vote of all of the members of the committee for legislative purposes, or unless its use is required for judicial purposes.

Source: S.L. 1969, ch. 431, § 12.

54-03.2-13. Interested persons.

Any person whose name is mentioned or who is otherwise identified during a hearing of an investigating committee and who, in the opinion of the committee, may be adversely affected thereby, may, upon that person’s request or upon the request of any member of the committee, appear personally before the committee and testify in that person’s own behalf, or, with the committee’s consent, file a sworn written statement of facts or other documentary evidence for incorporation into the record of the hearing.

Upon the consent of a majority of its members, an investigating committee may permit any other person to appear and testify at a hearing or submit a sworn written statement of facts or other documentary evidence for incorporation into the record thereof. No request to appear, appearance, or submission of evidence limits in any way the investigating committee’s power of subpoena.

Any person who appears before an investigating committee pursuant to this section shall have all the rights, privileges, and responsibilities of a witness provided by this code.

Source: S.L. 1969, ch. 431, § 13.

54-03.2-14. Contempt.

1. A person is in contempt if that person:
   1. Fails or refuses to appear in compliance with a subpoena or, having appeared, fails or refuses to testify under oath or affirmation;
   2. Fails or refuses to answer any relevant question or fails or refuses to furnish any relevant book, paper, or other document subpoenaed by or on behalf of an investigating committee; or
   3. Commits any other act or offense against an investigating committee which, if committed against the legislative assembly or either house thereof, would constitute a contempt.
2. An investigating committee may, by majority vote of all of its members, apply to the legislative assembly or the house thereof by which it was established for a contempt citation. The application must be considered as though the alleged contempt had been committed in or against such house or the legislative assembly itself. If the investigating committee is an interim committee, its application may in the alternative be made to the district court of Burleigh County.

Source: S.L. 1969, ch. 431, § 14.

54-03.2-15. Penalties.

A person guilty of contempt under section 54-03.2-14 is guilty of a class B misdemeanor, or if tried to the legislative assembly, or an appropriate house thereof, the legislative assembly or the appropriate house may impose such punishment as it deems appropriate, in the exercise of its inherent powers.

If any investigating committee fails in any material respect to comply with the requirements of this code, any person subject to a subpoena or a subpoena duces tecum who is injured by such failure is relieved of any requirement to attend the hearing for which the subpoena was issued or, if present, to testify or produce evidence therein; and such failure is a complete defense in any proceeding against such person for contempt or other punishment.

Any person other than the witness concerned or that person’s counsel who violates subsection 7 or 8 of section 54-03.2-12 is guilty of a class B misdemeanor. The attorney general, on the attorney general’s own motion or on the application of any person claiming to have been injured or prejudiced by an unauthorized disclosure, may institute proceedings for trial of the issue and imposition of the penalties provided herein. Nothing in this section limits any power which the legislative assembly or either house thereof may have to discipline a member or employee or to impose a penalty in the absence of action by a prosecuting officer or court.

Source: S.L. 1969, ch. 431, § 15; 1975, ch. 106, § 575.

Cross-References.

Failure to appear as witness, to produce information or to be sworn unlawful, see N.D.C.C. § 12.1-10-02.

Refusal to testify unlawful, see N.D.C.C. § 12.1-10-03.

54-03.2-16. Limitations of code.

Nothing contained in this code may be construed to limit or prohibit the acquisition of evidence or information by an investigating committee by any lawful means not provided for herein.

Source: S.L. 1969, ch. 431, § 16.

54-03.3-01. Adoption of compact.

The state of North Dakota enacts, adopts, and agrees to be bound by the Compact for a Balanced Budget with all other jurisdictions legally joining therein in the form substantially as follows:

Source: S.L. 2015, ch. 430, § 1, effective January 1, 2015; 2021, ch. 393, § 1, effective August 1, 2021.

ARTICLE I — DECLARATION OF POLICY, PURPOSE, AND INTENT

Whereas, every state enacting, adopting and agreeing to be bound by this compact intends to ensure that their respective legislature’s use of the power to originate a Balanced Budget Amendment under Article V of the Constitution of the United States will be exercised conveniently and with reasonable certainty as to the consequences thereof.

Now, therefore, in consideration of their expressed mutual promises and obligations, be it enacted by every state enacting, adopting and agreeing to be bound by this compact, and resolved by each of their respective legislatures, as the case may be, to exercise herewith all of their respective powers as set forth herein notwithstanding any law to the contrary.

ARTICLE II — DEFINITIONS

1. “Compact” means this “Compact for a Balanced Budget”.
2. “Convention” means the convention for proposing amendments organized by this compact under Article V of the Constitution of the United States and, where contextually appropriate to ensure the terms of this compact are not evaded, any other similar gathering or body, which might be organized as a consequence of Congress receiving the application set out in this compact and claim authority to propose or effectuate any amendment, alteration or revision to the Constitution of the United States. This term does not encompass a convention for proposing amendments under Article V of the Constitution of the United States that is organized independently of this compact based on the separate and distinct application of any state.
3. “State” means one of the several states of the United States. Where contextually appropriate, the term “state” shall be construed to include all of its branches, departments, agencies, political subdivisions, and officers and representatives acting in their official capacity.
4. “Member state” means a state that has enacted, adopted, and agreed to be bound to this compact. For any state to qualify as a member state with respect to any other state under this compact, each such state must have enacted, adopted, and agreed to be bound by substantively identical compact legislation.
5. “Compact notice recipients” means the archivist of the United States, the president of the United States, the president of the United States Senate, the office of the secretary of the United States Senate, the speaker of the United States House of Representatives, the office of the clerk of the United States House of Representatives, the chief executive officer of each state, and the presiding officers of each house of the legislatures of the several states.
6. Notice. All notices required by this compact shall be by United States certified mail, return receipt requested, or an equivalent or superior form of notice, such as personal delivery documented by evidence of actual receipt.
7. “Balanced Budget Amendment” means the following:
   1. At least one other state has likewise become a member state by enacting substantively identical legislation adopting and agreeing to be bound by this compact; and
   2. Notice of such state’s member state status is or has been seasonably received by the compact administrator, if any, or otherwise by the chief executive officer of each other member state.
   3. Any difference in subsections 1 and 2 of article VI with specific regard to the number and identity of each delegate respectively appointed on behalf of the enacting state, provided that no more than three delegates may attend and participate in the Convention on behalf of any state; or
   4. Any difference in subsection 7 of article X with specific regard to the respectively enacting state as to whether subsection 1 of article V of this compact shall survive termination of the compact, and thereafter become a continuing resolution of the legislature of such state applying to Congress for the calling of a convention of the states under Article V of the Constitution of the United States, under such terms and limitations as may be specified by such state.
   5. To oversee the defense and enforcement of the compact in appropriate legal venues;
   6. To request funds and to disburse those funds to support the operations of the commission, compact administrator, and Convention; and
   7. To cooperate with any entity that shares a common interest with the commission and engages in policy research, public interest litigation, or lobbying in support of the purposes of the compact. The commission shall only have such implied powers as are essential to carrying out these express powers and duties. It shall take no action that contravenes or is inconsistent with this compact or any law of any state that is not superseded by this compact. It may adopt and publish corresponding bylaws and policies.
8. Cooperation. The commission, member states, and compact administrator shall cooperate with each other and give each other mutual assistance in enforcing this compact and shall give the chief law enforcement officer of each other member state any information or documents that are reasonably necessary to facilitate the enforcement of this compact.
9. This article does not take effect until there are at least two member states.
   1. To introducing, debating, voting upon, proposing, and enforcing the Convention rules specified in this compact, as needed to ensure those rules govern the Convention; and
   2. To introducing, debating, voting upon, and rejecting or proposing for ratification the Balanced Budget Amendment. All actions taken by any delegate in violation of this section are void ab initio.
10. Forfeiture of appointment. If any member state or delegate violates any provision of this compact, then every delegate of that member state immediately forfeits his or her appointment, and shall immediately cease participation at the Convention, vacate the Convention, and return to his or her respective state’s capital.
11. Expenses. A delegate appointed hereunder is entitled to reimbursement of reasonable expenses for attending the Convention from his or her respective member state. No delegate may accept any other form of remuneration or compensation for service under this compact.
    1. Congress first calls the Convention in accordance with this compact; and
    2. The Convention rules of this compact are adopted by the Convention as its first order of business.
    3. Purports to propose or effectuate the formation of a new government. All member states are prohibited from advancing or assisting in the advancement of any such proposal or action.

“Article ___

Section 1. Total outlays of the government of the United States shall not exceed total receipts of the government of the United States at any point in time unless the excess of outlays over receipts is financed exclusively by debt issued in strict conformity with this article.

Section 2. Outstanding debt shall not exceed authorized debt, which initially shall be an amount equal to 105 percent of the outstanding debt on the effective date of this article. Authorized debt shall not be increased above its aforesaid initial amount unless such increase is first approved by the legislatures of the several states as provided in Section 3.

Section 3. From time to time, Congress may increase authorized debt to an amount in excess of its initial amount set by Section 2 only if it first publicly refers to the legislatures of the several states an unconditional, single subject measure proposing the amount of such increase, in such form as provided by law, and the measure is thereafter publicly and unconditionally approved by a simple majority of the legislatures of the several states, in such form as provided respectively by state law; provided that no inducement requiring an expenditure or tax levy shall be demanded, offered or accepted as a quid pro quo for such approval. If such approval is not obtained within sixty (60) calendar days after referral then the measure shall be deemed disapproved and the authorized debt shall thereby remain unchanged.

Section 4. Whenever the outstanding debt exceeds 98 percent of the debt limit set by Section 2, the President shall enforce said limit by publicly designating specific expenditures for impoundment in an amount sufficient to ensure outstanding debt shall not exceed the authorized debt. Said impoundment shall become effective thirty (30) days thereafter, unless Congress first designates an alternate impoundment of the same or greater amount by concurrent resolution, which shall become immediately effective. The failure of the President to designate or enforce the required impoundment is an impeachable misdemeanor. Any purported issuance or incurrence of any debt in excess of the debt limit set by Section 2 is void.

Section 5. No bill that provides for a new or increased general revenue tax shall become law unless approved by a two-thirds roll call vote of the whole number of each House of Congress. However, this requirement shall not apply to any bill that provides for a new end user sales tax which would completely replace every existing income tax levied by the government of the United States; or for the reduction or elimination of an exemption, deduction, or credit allowed under an existing general revenue tax.

Section 6. For purposes of this article, “debt” means any obligation backed by the full faith and credit of the government of the United States; “outstanding debt” means all debt held in any account and by any entity at a given point in time; “authorized debt” means the maximum total amount of debt that may be lawfully issued and outstanding at any single point in time under this article; “total outlays of the government of the United States” means all expenditures of the government of the United States from any source; “total receipts of the government of the United States” means all tax receipts and other income of the government of the United States, excluding proceeds from its issuance or incurrence of debt or any type of liability; “impoundment” means a proposal not to spend all or part of a sum of money appropriated by Congress; and “general revenue tax” means any income tax, sales tax, or value-added tax levied by the government of the United States excluding imposts and duties.

Section 7. This article is immediately operative upon ratification, self-enforcing, and Congress may enact conforming legislation to facilitate enforcement.

ARTICLE III — COMPACT MEMBERSHIP AND WITHDRAWAL

1. This compact governs each member state to the fullest extent permitted by their respective constitutions, superseding and repealing any conflicting or contrary law.

2. By becoming a member state, each such state offers, promises, and agrees to perform and comply strictly in accordance with the terms and conditions of this compact, and has made such offer, promise, and agreement in anticipation and consideration of, and in substantial reliance upon, such mutual and reciprocal performance and compliance by each other current and future member state, if any. Accordingly, in addition to having the force of law in each member state upon its respective effective date, this compact and each of its articles shall also be construed as contractually binding each member state when:

3. For purposes of determining member state status under this compact, as long as all other provisions of the compact remain identical and operative on the same terms, legislation enacting, adopting, and agreeing to be bound by this compact shall be deemed and regarded as “substantively identical” with respect to such other legislation enacted by another state notwithstanding:

a. Any difference in subsection 2 of article IV with specific regard to the respectively enacting state’s own method of appointing its member to the commission;

b. Any difference in subsection 5 of article IV with specific regard to the respectively enacting state’s own obligation to fund the commission;

4. When fewer than three-fourths of the states are member states, any member state may withdraw from this compact by enacting appropriate legislation, as determined by state law, and giving notice of such withdrawal to the compact administrator, if any, or otherwise to the chief executive officer of each other member state. A withdrawal shall not affect the validity or applicability of the compact with respect to remaining member states, provided that there remain at least two such states. However, once at least three-fourths of the states are member states, then no member state may withdraw from the compact prior to its termination absent unanimous consent of all member states.

ARTICLE IV — COMPACT COMMISSION AND COMPACT ADMINISTRATOR

1. Nature of the compact commission. The compact commission (“commission”) is hereby established. It has the power and duty:

a. To appoint and oversee a compact administrator;

b. To encourage states to join the compact and Congress to call the Convention in accordance with this compact;

c. To coordinate the performance of obligations under the compact;

d. To oversee the Convention’s logistical operations as appropriate to ensure this compact governs its proceedings;

2. Commission membership. The commission initially consists of three unpaid members. Each member state may appoint one member to the commission through an appointment process to be determined by their respective chief executive officer until all positions on the commission are filled. Positions shall be assigned to appointees in the order in which their respective appointing states became member states. The bylaws of the commission may expand its membership to include representatives of additional member states and to allow for modest salaries and reimbursement of expenses if adequate funding exists.

3. Commission action. Each commission member is entitled to one vote. The commission shall not act unless a majority of its appointed membership is present, and no action shall be binding unless approved by a majority of the commission’s appointed membership. The commission shall meet at least once a year, and may meet more frequently.

4. First order of business. The commission shall at the earliest possible time elect from among its membership a chairperson, determine a primary place of doing business, and appoint a compact administrator.

5. Funding. The commission and the compact administrator’s activities shall be funded exclusively by each member state, as determined by their respective state law, or by voluntary donations.

6. Compact administrator. The compact administrator has the power and duty:

a. To timely notify the states of the date, time, and location of the Convention;

b. To organize and direct the logistical operations of the Convention;

c. To maintain an accurate list of all member states, their appointed delegates, including contact information; and

d. To formulate, transmit, and maintain all official notices, records, and communications relating to this compact. The compact administrator shall only have such implied powers as are essential to carrying out these express powers and duties; and shall take no action that contravenes or is inconsistent with this compact or any law of any state that is not superseded by this compact. The compact administrator serves at the pleasure of the commission and must keep the commission seasonably apprised of the performance or nonperformance of the terms and conditions of this compact. Any notice sent by a member state to the compact administrator concerning this compact shall be adequate notice to each other member state provided that a copy of said notice is seasonably delivered by the compact administrator to each other member state’s respective chief executive officer.

7. Notice of key events. Upon the occurrence of each of the following described events, or otherwise as soon as possible, the compact administrator shall immediately send the following notices to all compact notice recipients, together with certified conforming copies of the chaptered version of this compact as maintained in the statutes of each member state:

a. Whenever any state becomes a member state, notice of that fact shall be given;

b. Once at least three-fourths of the states are member states, notice of that fact shall be given together with a statement declaring that the legislatures of at least two-thirds of the several states have applied for a convention for proposing amendments under Article V of the Constitution of the United States, petitioning Congress to call the Convention contemplated by this compact, and further requesting cooperation in organizing the same in accordance with this compact;

c. Once Congress has called the Convention contemplated by this compact, and whenever the date, time, and location of the Convention has been determined, notice of that fact shall be given together with the date, time, and location of the Convention and other essential logistical matters;

d. Upon approval of the Balanced Budget Amendment by the Convention, notice of that fact shall be given together with the transmission of certified copies of such approved proposed amendment and a statement requesting Congress to refer the same for ratification by three-fourths of the legislatures of the several states under Article V of the Constitution of the United States. However, in no event shall any proposed amendment other than the Balanced Budget Amendment be transmitted; and

e. When any article of this compact prospectively ratifying the Balanced Budget Amendment is effective in any member state, notice of the same shall be given together with a statement declaring such ratification and further requesting cooperation in ensuring that the official record confirms and reflects the effective corresponding amendment to the Constitution of the United States. However, whenever any member state enacts appropriate legislation, as determined by the laws of the respective state, withdrawing from this compact, the compact administrator shall immediately send certified conforming copies of the chaptered version of such withdrawal legislation as maintained in the statutes of each such withdrawing member state, solely to each chief executive officer of each remaining member state, giving notice of such withdrawal.

ARTICLE V — RESOLUTION APPLYING FOR CONVENTION

1. Be it resolved, as provided for in Article V of the Constitution of the United States, the legislature of each member state herewith applies to Congress for the calling of a convention for proposing amendments limited to the subject matter of proposing for ratification the Balanced Budget Amendment.

2. Congress is further petitioned to refer the Balanced Budget Amendment to the states for ratification by three-fourths of their respective legislatures.

3. This article does not take effect until at least three-fourths of the several states are member states.

ARTICLE VI — DELEGATE APPOINTMENT, LIMITATIONS, AND INSTRUCTIONS

1. Number of delegates. Each member state shall be entitled to three delegates to represent its sovereign interests at the Convention as set forth in this article.

2. Identity of delegates. The governor, speaker of the house of representatives, and president pro tempore of the senate of the member state who hold office at the time of the Convention, or the officers’ designees as identified in sworn affidavits executed by the officers, are each appointed in an individual capacity to represent the member state at the Convention as the member state’s sole and exclusive delegates. A majority of this delegation shall decide the issue at the Convention on behalf of the member state.

3. Replacement or recall of delegates. A delegate appointed hereunder may be replaced or recalled by the legislature of his or her respective state at any time for good cause, such as criminal misconduct or the violation of this compact. If replaced or recalled, any delegate previously appointed hereunder must immediately vacate the Convention and return to their respective state’s capital.

4. Oath. The power and authority of a delegate under this article may only be exercised after the Convention is first called by Congress in accordance with this compact and such appointment is duly accepted by such appointee publicly taking the following oath or affirmation: “I do solemnly swear (or affirm) that I accept this appointment and will act strictly in accordance with the terms and conditions of the compact for a balanced budget, the constitution of the state I represent, and the Constitution of the United States. I understand that violating this oath (or affirmation) forfeits my appointment and may subject me to other penalties as provided by law.”

5. Term. The term of a delegate hereunder commences upon acceptance of appointment and terminates upon the permanent adjournment of the Convention, unless shortened by recall, replacement, or forfeiture under this article. Upon expiration of such term, any person formerly serving as a delegate must immediately withdraw from and cease participation at the Convention, if any is proceeding.

6. Delegate authority. The power and authority of any delegate appointed hereunder is strictly limited:

7. Delegate authority. No delegate of any member state may introduce, debate, vote upon, reject, or propose for ratification any constitutional amendment at the Convention unless:

a. Convention rules specified in this compact govern the Convention and their actions; and

b. The constitutional amendment is the Balanced Budget Amendment.

8. Delegate authority. The power and authority of any delegate at the Convention does not include any power or authority associated with any other public office held by the delegate. Any person appointed to serve as a delegate shall take a temporary leave of absence, or otherwise shall be deemed temporarily disabled, from any other public office held by the delegate while attending the Convention, and may not exercise any power or authority associated with any other public office held by the delegate, while attending the Convention. All actions taken by any delegate in violation of this section are void ab initio.

9. Order of business. Before introducing, debating, voting upon, rejecting, or proposing for ratification any constitutional amendment at the Convention, each delegate of every member state must first ensure the Convention rules in this compact govern the Convention and their actions. Every delegate and each member state must immediately vacate the Convention and notify the compact administrator by the most effective and expeditious means if the Convention rules in this compact are not adopted to govern the Convention and their actions.

ARTICLE VII — CONVENTION RULES

1. Nature of the Convention. The Convention shall be organized, construed, and conducted as a body exclusively representing and constituted by the several states.

2. Agenda of the Convention. The agenda of the Convention shall be entirely focused upon and exclusively limited to introducing, debating, voting upon, and rejecting or proposing for ratification the Balanced Budget Amendment under the Convention rules specified in this article and in accordance with the compact. It shall not be in order for the Convention to consider any matter that is outside the scope of this agenda.

3. Delegate identity and procedure. States shall be represented at the Convention through duly appointed delegates. The number, identity, and authority of delegates assigned to each state shall be determined by this compact in the case of member states or, in the case of states that are not member states, by their respective state laws. However, to prevent disruption of proceedings, no more than three delegates may attend and participate in the Convention on behalf of any state. A certified chaptered conforming copy of this compact, together with government-issued photographic proof of identification, shall suffice as credentials for delegates of member states. Any commission for delegates of states that are not member states shall be based on their respective state laws, but it shall furnish credentials that are at least as reliable as those required of member states.

4. Voting. Each state represented at the Convention shall have one vote, exercised by the vote of that state’s delegate in the case of states represented by one delegate, or, in the case of any state that is represented by more than one delegate, by the majority vote of that state’s respective delegates.

5. Quorum. A majority of the several states of the United States, each present through its respective delegate in the case of any state that is represented by one delegate, or through a majority of its respective delegates, in the case of any state that is represented by more than one delegate, shall constitute a quorum for the transaction of any business on behalf of the Convention.

6. Action by the Convention. The Convention shall only act as a committee of the whole, chaired by the delegate representing the first state to have become a member state, if that state is represented by one delegate, or otherwise by the delegate chosen by the majority vote of that state’s respective delegates. The transaction of any business on behalf of the Convention, including the designation of a secretary, the adoption of parliamentary procedures, and the rejection or proposal of any constitutional amendment, requires a quorum to be present and a majority affirmative vote of those states constituting the quorum.

7. Emergency suspension and relocation of the Convention. In the event that the chair of the Convention declares an emergency due to disorder or an imminent threat to public health and safety prior to the completion of the business on the agenda, and a majority of the states present at the Convention do not object to such declaration, further Convention proceedings shall be temporarily suspended, and the commission shall subsequently relocate or reschedule the Convention to resume proceedings in an orderly fashion in accordance with the terms and conditions of this compact with prior notice given to the compact notice recipients.

8. Parliamentary procedure. In adopting, applying, and formulating parliamentary procedure, the Convention shall exclusively adopt, apply, or appropriately adapt provisions of the most recent editions of Robert’s Rules of Order and the American Institute of Parliamentarians Standard Code of Parliamentary Procedure. In adopting, applying, or adapting parliamentary procedure, the Convention shall exclusively consider analogous precedent arising within the jurisdiction of the United States. Parliamentary procedures adopted, applied, or adapted pursuant to this section shall not obstruct, override, or otherwise conflict with this compact.

9. Transmittal. Upon approval of the Balanced Budget Amendment by the Convention to propose for ratification, the chair of the Convention shall immediately transmit certified copies of such approved proposed amendment to the compact administrator and all compact notice recipients, notifying them respectively of such approval and requesting Congress to refer the same for ratification by the states under Article V of the Constitution of the United States. However, in no event shall any proposed amendment other than the Balanced Budget Amendment be transmitted as aforesaid.

10. Transparency. Records of the Convention, including the identities of all attendees and detailed minutes of all proceedings, shall be kept by the chair of the Convention or secretary designated by the Convention. All proceedings and records of the Convention shall be open to the public upon request subject to reasonable regulations adopted by the Convention that are closely tailored to preventing disruption of proceedings under this article.

11. Adjournment of the Convention. The Convention shall permanently adjourn upon the earlier of twenty-four hours after commencing proceedings under this article or the completion of the business on its agenda.

ARTICLE VIII — PROHIBITION ON ULTRA VIRES CONVENTION

1. Member states shall not participate in the Convention unless:

2. Any proposal or action of the Convention is void ab initio and issued by a body that is conducting itself in an unlawful and ultra vires fashion if that proposal or action:

a. Violates or was approved in violation of the Convention rules or the delegate instructions and limitations on delegate authority specified in this compact;

b. Purports to propose or effectuate a mode of ratification that is not specified in Article V of the Constitution of the United States; or

3. Member states shall not ratify or otherwise approve any proposed amendment, alteration, or revision to the Constitution of the United States, which originates from the Convention, other than the Balanced Budget Amendment.

ARTICLE IX — RESOLUTION PROSPECTIVELY RATIFYING THE BALANCED BUDGET AMENDMENT

1. Each member state, by and through its respective legislature, hereby adopts and ratifies the Balanced Budget Amendment.

2. This article does not take effect until Congress effectively refers the Balanced Budget Amendment to the states for ratification by three-fourths of the legislatures of the several states under Article V of the Constitution of the United States.

ARTICLE X — CONSTRUCTION, ENFORCEMENT, VENUE, AND SEVERABILITY

1. To the extent that the effectiveness of this compact or any of its articles or provisions requires the alteration of local legislative rules, drafting policies, or procedure to be effective, the enactment of legislation enacting, adopting, and agreeing to be bound by this compact shall be deemed to waive, repeal, supersede, or otherwise amend and conform all such rules, policies, or procedures to allow for the effectiveness of this compact to the fullest extent permitted by the constitution of any affected member state.

2. Date and location of the Convention. Unless otherwise specified by Congress in its call, the Convention shall be held in Dallas, Texas, and commence proceedings at 9:00 a.m. central standard time on the sixth Wednesday after the latter of the effective date of article V of this compact or the enactment date of the Congressional resolution calling the Convention.

3. In addition to all other powers and duties conferred by state law which are consistent with the terms and conditions of this compact, the chief law enforcement officer of each member state is empowered to defend the compact from any legal challenge, as well as to seek civil mandatory and prohibitory injunctive relief to enforce this compact; and shall take such action whenever the compact is challenged or violated.

4. The exclusive venue for all actions in any way arising under this compact shall be in the United States District Court for the northern district of Texas or the courts of the state of Texas within the jurisdictional boundaries of the foregoing district court. Each member state shall submit to the jurisdiction of said courts with respect to such actions. However, upon written request by the chief law enforcement officer of any member state, the commission may elect to waive this provision for the purpose of ensuring an action proceeds in the venue that allows for the most convenient and effective enforcement or defense of this compact. Any such waiver shall be limited to the particular action to which it is applied and not construed or relied upon as a general waiver of this provision. The waiver decisions of the commission under this provision shall be final and binding on each member state.

5. The effective date of this compact and any of its articles is the latter of:

a. The date of any event rendering the same effective according to its respective terms and conditions; or

b. The earliest date otherwise permitted by law.

6. Article VIII of this compact is hereby deemed nonseverable prior to termination of the compact. However, if any other phrase, clause, sentence, or provision of this compact, or the applicability of any other phrase, clause, sentence, or provision of this compact to any government, agency, person, or circumstance, is declared in a final judgment to be contrary to the Constitution of the United States, contrary to the state constitution of any member state, or is otherwise held invalid by a court of competent jurisdiction, such phrase, clause, sentence, or provision shall be severed and held for naught, and the validity of the remainder of this compact and the applicability of the remainder of this compact to any government, agency, person, or circumstance shall not be affected. Furthermore, if this compact is declared in a final judgment by a court of competent jurisdiction to be entirely contrary to the state constitution of any member state or otherwise entirely invalid as to any member state, such member state shall be deemed to have withdrawn from the compact, and the compact shall remain in full force and effect as to any remaining member state. Finally, if this compact is declared in a final judgment by a court of competent jurisdiction to be wholly or substantially in violation of Article I, Section 10, of the Constitution of the United States, then it shall be construed and enforced solely as reciprocal legislation enacted by the affected member states.

7. Termination. This compact shall terminate and be held for naught when the compact is fully performed and the Constitution of the United States is amended by the Balanced Budget Amendment. However, notwithstanding anything to the contrary set forth in this compact, in the event such amendment does not occur on or before April 12, 2031, the compact shall terminate as follows:

a. The commission shall dissolve and wind up its operations within ninety days thereafter, with the compact administrator giving notice of such dissolution and the operative effect of this section to the compact notice recipients; and

b. Upon the completed dissolution of the commission, this compact shall be deemed terminated, repealed, void ab initio, and held for naught.

Effective Date.

This chapter became effective August 1, 2015.

54-05.1-01. Legislative intent.

It is hereby declared to be the intent of the legislative assembly to require that lobbyists register as such before engaging in lobbying activity and to require certain reporting procedures by lobbyists.

Source: S.L. 1975, ch. 465, § 1.

Collateral References.

Validity, Construction, and Application of State and Municipal Enactments Regulating Lobbying and of Lobbying Contracts, 35 A.L.R.6th 1.

Law Reviews.

Article: Lawyering and Lobbying: The Discipline of Public Policy Advocacy, 87 N.D. L. Rev. 59 (2011).

54-05.1-02. Applicability — Meaning of lobbyist.

1. This chapter applies to any person who, in any manner whatsoever, directly or indirectly, performs any of the following activities:
   1. Attempts to secure the passage, amendment, or defeat of any legislation by the legislative assembly or the approval or veto of any legislation by the governor of the state.
   2. Attempts to influence decisions made by the legislative management or by an interim committee of the legislative management.
2. This chapter does not apply to any person who is:
   1. A legislator.
   2. A private citizen appearing on the citizen’s own behalf.
   3. An employee, officer, board member, volunteer, or agent of the state or its political subdivisions whether elected or appointed and whether or not compensated, who is acting in that person’s official capacity.
   4. Invited by the chairman of the legislative management, an interim committee of the legislative management, or a standing committee of the legislative assembly to appear before the legislative management, interim committee, or standing committee for the purpose of providing information.
   5. An individual who appears before a legislative committee for the sole purpose of presenting testimony on behalf of a trade or professional organization or a business or industry if the individual is introduced to the committee by the registered lobbyist for the trade or professional organization or the business or industry.
3. For the purposes of this chapter, persons required to register under this chapter because of the performance of the activities described in subsection 1 must be known as “lobbyists”.

Source: S.L. 1975, ch. 465, § 2; 1977, ch. 478, § 1; 1995, ch. 496, § 1; 2009, ch. 482, § 45.

Law Reviews.

Article: Lawyering and Lobbying: The Discipline of Public Policy Advocacy, 87 N.D. L. Rev. 59 (2011).

54-05.1-03. Registration as a lobbyist — Fee — Filing of information — Public inspection — Certificate of registration.

1. 1. Before engaging in any of the activities listed in section 54-05.1-02, an individual shall register with the secretary of state and receive a certificate of registration and a distinctive lobbyist identification badge that must be prominently worn by the lobbyist when engaged in any of the activities listed in section 54-05.1-02 while on the capitol grounds. In lieu of wearing the official badge provided by the secretary of state, a lobbyist may wear a reasonable reproduction of the official badge that contains the name of the lobbyist and any of the following: the word lobbyist, the registration number of the lobbyist, or the organization name of the lobbyist in characters no smaller than one-quarter inch [6.35 millimeters]. If a lobbyist’s official badge is lost or destroyed, the lobbyist may obtain a duplicate badge by applying to the secretary of state and paying a fee of ten dollars.
   2. The registrant shall state in writing:
      1. The registrant’s full name and business address; and
      2. The name and address of any person upon whose behalf the registrant appears, any person in whose interest the registrant appears or works, the duration of the employment or appearances, and by whom the registrant is paid or is to be paid.
   3. The registration period commences on July first and expires on June thirtieth of the following calendar year unless an earlier expiration date is requested by the registrant.
   4. Each lobbyist shall file with the secretary of state, before the issuance of a certificate of registration, a written authorization to act as a lobbyist. The authorization must be signed by the official of the corporation, limited liability company, association, group, or organization employing the lobbyist and may be filed by facsimile transmission.
   5. The secretary of state shall charge a fee of twenty-five dollars for registering each lobbyist and the first person represented by the lobbyist and an additional fee of fifteen dollars for each subsequent person represented by the lobbyist.
2. Each lobbyist shall file, on or before August first following the expiration of the registration period, with the secretary of state a detailed report. The report must include a statement as to each expenditure, if any, of sixty dollars or more expended on any single occasion on any individual, including the spouse or other family member of a member of the legislative assembly or the governor, in carrying out the lobbyist’s work or include a statement that no reportable expenditures were made during the reporting period. The statement of each expenditure must include a description of the nature of the expenditure, the amount of the expenditure, the date of the expenditure, and the name of the recipient of the expenditure. A state official or agency may not require reporting of lobbyist expenditures other than is required under this subsection. The secretary of state shall provide a prescribed form for reporting under this chapter. The secretary of state shall charge and collect fees for late filing of the detailed expenditure report as follows:
   1. Within sixty days after the date provided in this subsection for filing the detailed expenditure report, twenty-five dollars; and
   2. Thereafter, fifty dollars.
3. If a lobbyist fails to file a detailed expenditure report and pay any late fee by October first, the lobbyist’s registration is automatically revoked. The lobbyist’s registration may be reinstated if the lobbyist thereafter files the detailed expenditure report and pays any outstanding late fee.
4. All information required to be filed under this section with the secretary of state and that previously filed must be compiled by the secretary of state within forty days after the close of the period for which the information is filed and the files must be open and accessible for public inspection during the normal working hours.

Source: S.L. 1975, ch. 465, § 3; 1983, ch. 552, § 1; 1987, ch. 621, § 1; 1993, ch. 75, § 18; 1993, ch. 54, § 106; 1995, ch. 496, § 2; 1999, ch. 445, § 1; 2001, ch. 2, § 2; 2005, ch. 474, § 1; 2009, ch. 462, § 3; 2011, ch. 390, § 1.

Law Reviews.

Article: Lawyering and Lobbying: The Discipline of Public Policy Advocacy, 87 N.D. L. Rev. 59 (2011).

54-05.1-04. Powers of secretary of state — Granting and revoking of certificates — Referrals and reports to the attorney general.

1. The secretary of state shall:
   1. Grant a certificate of registration and design and furnish a distinctive lobbyist identification badge to any individual registering under section 54-05.1-03 who supplies the required information.
   2. Revoke the certificate of registration of any individual who has been convicted of violating any provision of this chapter.
   3. Refer on the secretary of state’s own motion or on the verified complaint of any other person, to the attorney general for investigation, the activities of any individual who the secretary of state has reason to believe has been acting as a lobbyist and who may be in violation of this chapter.
   4. Make available upon request of any citizen expenditures by categories reported by registered lobbyists to have been expended on each individual in carrying out that registrant’s work.
   5. Supply a current list of registered lobbyists for each legislator upon request.
2. The secretary of state may revoke the certificate of registration issued under this chapter for failure to file the reports required by this chapter when due, but no certificate may be revoked if, before the last day for filing the reports, the secretary of state has been informed in writing of extenuating circumstances justifying the failure.
3. The secretary of state shall compile and make available to the public a report of the total amount of expenditures reported by registrants.
4. The secretary of state may establish procedures for registration of lobbyists and filing of lobbyist expenditure reports through the internet or other electronic means, and may make lobbyist expenditure reports available on the secretary of state’s internet website.

Source: S.L. 1975, ch. 465, § 4; 1999, ch. 445, § 2; 2005, ch. 474, § 2.

Law Reviews.

Article: Lawyering and Lobbying: The Discipline of Public Policy Advocacy, 87 N.D. L. Rev. 59 (2011).

54-05.1-05. Invitations and gifts to legislators.

1. When any lobbyist invites a legislator to attend a function sponsored in whole or in part by the lobbyist or the principal, the lobbyist shall, upon the request of the legislator, supply the legislator with the true or estimated cost of the gratuity and allow the legislator to attend the function and pay the legislator’s own share of the expenses.
2. When any lobbyist offers a gift of a non-information-bearing nature to a legislator, the lobbyist shall, upon the request of the legislator, supply the legislator with the true or estimated cost of the gratuity and allow the legislator to pay the cost of and receive the gift.

Source: S.L. 1975, ch. 465, § 5.

54-05.1-06. Unlawful means to influence legislative assembly.

In addition to the violation of any other provision of this chapter, it is unlawful for any lobbyist or for any other person:

1. To directly or indirectly give or agree to give any money, property, or valuable thing, or any security therefor, to any person for that person’s service or the service of any other person in procuring the passage or defeat of any measure before the legislative assembly or either house thereof, or before any committee thereof, upon the contingency or condition that any measure will be passed or defeated.
2. To directly or indirectly receive or agree to receive any such money, property, thing of value, or security for such service, upon any such contingency or condition, as set forth in the preceding subsection.
3. To attempt to influence any member of the legislative assembly without first making known to such member the real and true interest the person has in such measure, either personally or as agent or attorney.

Source: S.L. 1975, ch. 465, § 6.

Cross-References.

Bribery, see N.D.C.C. § 12.1-12-01.

Unlawful compensation for assistance in government matters, see N.D.C.C. § 12.1-12-03.

Collateral References.

Validity, Construction, and Application of State Statutes Regulating or Proscribing Payment in Connection with Gathering Signatures on Nominating Petitions for Public Office or Initiative Petitions. 40 A.L.R.6th 317.

Law Reviews.

Article: Lawyering and Lobbying: The Discipline of Public Policy Advocacy, 87 N.D. L. Rev. 59 (2011).

54-05.1-07. Penalty.

Any person who violates any provisions of this chapter is guilty of a class B misdemeanor except that a violation of section 54-05.1-02 or 54-05.1-03 is an infraction. Whether a person is subjected to criminal prosecution under this section, and in addition to the registration fee that may be assessed when the person submits the registration to the secretary of state, the person may be assessed a civil penalty by the secretary of state, following written notice to the person of an intent to assess the penalty, in an amount not to exceed two times the amount set forth in subdivision e of subsection 1 of section 54-05.1-03 which is chargeable to a lobbyist. Any civil penalty must be assessed and collected before a person is issued a certificate of registration. The assessment of a civil penalty may be appealed to the district court of the person’s county of residence or Burleigh County, but only on the basis that the secretary of state’s administrative determination that the person acted as a lobbyist when not registered as a lobbyist was clearly erroneous.

Source: S.L. 1975, ch. 465, § 7; 1995, ch. 496, § 3; 2011, ch. 390, § 2.

54-06-01. Definitions.

In this chapter, unless the context or subject matter otherwise requires:

1. “Appointed or appointive state officers and members of appointive state boards, bureaus, and commissions, and deputies, assistants, secretaries, clerks, and employees” includes all persons whose office or employment is held by virtue of any appointment or employment however made, other than an election by the voters of the state, whether or not such office or employment is created by an act of the legislative assembly.
2. “Elected and elective state officers” includes the governor, the lieutenant governor, the attorney general, the secretary of state, the state auditor, the state treasurer, the superintendent of public instruction, the agriculture commissioner, the insurance commissioner, the tax commissioner, and three public service commissioners.

Source: I.M. Nov. 8, 1932, § 3, S.L. 1933, p. 505; R.C. 1943, § 54-0601; S.L. 1995, ch. 334, § 3.

Cross-References.

Deputies, see N.D.C.C. ch. 44-03.

Eligibility and qualifications, see N.D.C.C. ch. 44-01.

Nepotism prohibited, see N.D.C.C. §§ 44-04-09, 44-04-10.

Oath of office, see N.D.C.C. § 44-01-05.

Removal from office, see N.D.C.C. chs. 44-09, 44-10, 44-11.

Vacancies in office, see N.D.C.C. § 44-01-04 and N.D.C.C. ch. 44-02.

54-06-02. State officers reside at capital. [Repealed]

Repealed by S.L. 1993, ch. 506, § 1.

54-06-03. Report of state officers and boards.

Except as otherwise provided by law, all officers, departments, boards, commissions, and state institutions that make and transmit reports annually or biennially to the governor and the secretary of state shall submit their reports to the governor and the secretary of state not later than December first of the year in which the report is required to be made.

Source: S.L. 1890, ch. 119, § 34; R.C. 1895, § 73; R.C. 1899, § 73; S.L. 1901, ch. 139, § 1; R.C. 1905, § 73; S.L. 1913, ch. 246, § 1; C.L. 1913, § 95; R.C. 1943, § 54-0603; S.L. 1963, ch. 346, § 1; 1973, ch. 403, § 42; 1975, ch. 466, § 44; 1995, ch. 350, § 41.

54-06-04. Form and number of reports to be submitted. [Effective through August 31, 2022]

1. The following executive and administrative officers and departments shall submit to the governor and the secretary of state reports covering their operations for the two preceding fiscal years, except as otherwise provided by law, not later than the first day of December each year after the regular session of the legislative assembly:
   1. Secretary of state.
   2. State auditor.
   3. Insurance commissioner.
   4. Attorney general.
   5. Agriculture commissioner.
   6. Superintendent of public instruction.
   7. State tax commissioner.
   8. Public service commission.
   9. Department of corrections and rehabilitation.
   10. Department of transportation.
   11. State department of health.
   12. Department of human services.
   13. Workforce safety and insurance.
   14. Office of management and budget.
   15. State treasurer.
   16. Labor commissioner.
   17. Department of financial institutions.
   18. Game and fish department.
   19. Industrial commission.
   20. Job service North Dakota.
   21. Board of university and school lands.
   22. Department of environmental quality.
2. A committee composed of the director of the state historical society, the state librarian, and the secretary of state, or other persons designated to represent them, shall meet at the call of the secretary of state to set the requirements for form, style, materials, and content of biennial reports.
3. This section does not prohibit the executive and administrative officers and departments enumerated in subsection 1 from receiving additional copies of their reports as may be available and printed.
4. All officers, departments, boards, commissions, and state institutions that submit reports covering their operations for the two preceding fiscal years to the governor and the secretary of state shall submit copies of their reports in the form and style, using the materials, and having the content prescribed under subsection 2 on or before the first day of December in each year after the regular session of the legislative assembly. If submitted, one copy of each report must be also distributed to the following agencies:
   1. Legislative council.
   2. Office of management and budget.
   3. State law library.
   4. The libraries of each state institution of higher education.
   5. State archivist for official and public use.
5. All executive and administrative officers and departments that submit reports under this section shall bear the costs of the preparation and any printing of the reports.
6. All reports required under this section to be submitted to the secretary of state must be subsequently transmitted by the secretary of state to the state archivist for official and public use following their receipt and review by the secretary of state.

Source: S.L. 1890, ch. 119, § 34; R.C. 1895, § 73; R.C. 1899, § 73; S.L. 1901, ch. 139, § 1; R.C. 1905, § 73; S.L. 1913, ch. 246, § 1; C.L. 1913, § 95; R.C. 1943, § 54-0604; S.L. 1963, ch. 346, § 2; 1969, ch. 448, § 25; 1973, ch. 403, § 43; 1975, ch. 466, § 45; 1983, ch. 82, § 126; 1989, ch. 72, § 18; 1991, ch. 592, § 29; 1991, ch. 714, § 18; 1993, ch. 5, § 19; 1993, ch. 613, § 5; 1995, ch. 243, § 2; 1995, ch. 350, § 42; 1999, ch. 446, §§ 1, 2; 2001, ch. 88, § 88; 2001, ch. 488, § 25; 2001, ch. 503, § 12; 2003, ch. 459, § 5; 2003, ch. 561, § 3; 2017, ch. 199, § 56, effective April 29, 2019.

Note.

This section is effective upon the receipt by the legislative council of the certification by the chief of the environmental health section of the state department of health attesting that all necessary federal approvals have been obtained and all necessary federal and other agreements have been amended to ensure the state will continue to meet the primacy requirements it currently satisfies after the transfer of authority, powers, and duties from the state department of health to the department of environmental quality provided under S.L. 2017, ch. 199, § 75. [Contingency met in 2019]

Cross-References.

State engineer to report as prescribed in this section, see N.D.C.C. § 61-03-04.

54-06-04. Form and number of reports to be submitted. [Effective September 1, 2022]

1. The following executive and administrative officers and departments shall submit to the governor and the secretary of state reports covering their operations for the two preceding fiscal years, except as otherwise provided by law, not later than the first day of December each year after the regular session of the legislative assembly:
   1. Secretary of state.
   2. State auditor.
   3. Insurance commissioner.
   4. Attorney general.
   5. Agriculture commissioner.
   6. Superintendent of public instruction.
   7. State tax commissioner.
   8. Public service commission.
   9. Department of corrections and rehabilitation.
   10. Department of transportation.
   11. Workforce safety and insurance.
   12. Office of management and budget.
   13. State treasurer.
   14. Labor commissioner.
   15. Department of financial institutions.
   16. Game and fish department.
   17. Industrial commission.
   18. Job service North Dakota.
   19. Board of university and school lands.
   20. Department of environmental quality.
2. A committee composed of the director of the state historical society, the state librarian, and the secretary of state, or other persons designated to represent them, shall meet at the call of the secretary of state to set the requirements for form, style, materials, and content of biennial reports.
3. This section does not prohibit the executive and administrative officers and departments enumerated in subsection 1 from receiving additional copies of their reports as may be available and printed.
4. All officers, departments, boards, commissions, and state institutions that submit reports covering their operations for the two preceding fiscal years to the governor and the secretary of state shall submit copies of their reports in the form and style, using the materials, and having the content prescribed under subsection 2 on or before the first day of December in each year after the regular session of the legislative assembly. If submitted, one copy of each report must be also distributed to the following agencies:
   1. Legislative council.
   2. Office of management and budget.
   3. State law library.
   4. The libraries of each state institution of higher education.
   5. State archivist for official and public use.
5. All executive and administrative officers and departments that submit reports under this section shall bear the costs of the preparation and any printing of the reports.
6. All reports required under this section to be submitted to the secretary of state must be subsequently transmitted by the secretary of state to the state archivist for official and public use following their receipt and review by the secretary of state.

Department of health and human services.

Source: S.L. 1890, ch. 119, § 34; R.C. 1895, § 73; R.C. 1899, § 73; S.L. 1901, ch. 139, § 1; R.C. 1905, § 73; S.L. 1913, ch. 246, § 1; C.L. 1913, § 95; R.C. 1943, § 54-0604; S.L. 1963, ch. 346, § 2; 1969, ch. 448, § 25; 1973, ch. 403, § 43; 1975, ch. 466, § 45; 1983, ch. 82, § 126; 1989, ch. 72, § 18; 1991, ch. 592, § 29; 1991, ch. 714, § 18; 1993, ch. 5, § 19; 1993, ch. 613, § 5; 1995, ch. 243, § 2; 1995, ch. 350, § 42; 1999, ch. 446, §§ 1, 2; 2001, ch. 88, § 88; 2001, ch. 488, § 25; 2001, ch. 503, § 12; 2003, ch. 459, § 5; 2003, ch. 561, § 3; 2017, ch. 199, § 56, effective April 29, 2019; 2021, ch. 352, § 484, effective September 1, 2022.

54-06-04.1. State agencies, departments, and institutions charging fees shall make reports.

All state agencies, departments, and institutions which license, inspect, or regulate private business activities or products and charge fees for such services, except the secretary of state, shall prepare and submit to the office of the budget, with the budget estimates required by section 54-44.1-04, a report for the last two fiscal years giving information about the costs of providing each service and the fees charged for the granting or providing of such service. The report must accurately present the costs and revenues in accordance with the various categories of service and such report must be completed and supported by such accounting records and allocation procedures as are acceptable to the director of the budget.

Source: S.L. 1971, ch. 489, § 1; 1973, ch. 412, § 1; 1983, ch. 82, § 127; 1983, ch. 553, § 1.

54-06-04.2. Information to employees on state employee health and retirement and social security benefit program contributions and premiums paid by the state.

A report providing a summary of payments made by the state for premiums and contributions for state employee insurance, retirement, and federal social security benefit programs for each state employee must be provided to each employee every calendar year. The report must be in a form adopted by those state agencies and institutions responsible for preparing state employee payrolls. The information provided must include any portion of required employee retirement program contributions paid by the state on behalf of the employee and must include the accumulated state payments for these benefit programs for the current calendar year.

Source: S.L. 1985, ch. 559, § 1.

54-06-04.3. Joint publication and distribution of information by state agencies — Fees.

Any state agency may cooperate with any other state agency to jointly publish and distribute information and may arrange to have the joint publication or distribution, or both, coordinated by a private entity. Any state agency may provide information it has collected or developed, including mailing lists, to each other or to any private entity for the purpose of distributing jointly or individually issued publications or other information. If a state agency publication is available on the agency’s website or otherwise available in an electronic format and a person requests a paper copy of the publication, the state agency may charge a reasonable fee for providing the paper copy and for mailing the paper copy of the publication.

Source: S.L. 1991, ch. 568, § 3; 2017, ch. 14, § 25, effective July 1, 2017.

54-06-05. Office of management and budget may condense report — Number of copies of report. [Repealed]

Repealed by S.L. 1995, ch. 350, § 56.

54-06-06. Salaries of state officers and employees — Periodic payment.

Unless otherwise provided by law, the office of management and budget shall prepare warrants for the salaries of state officers and employees not less frequently than monthly as the same become due.

Source: S.L. 1891, ch. 10, § 2; R.C. 1895, § 337; R.C. 1899, § 337; R.C. 1905, § 392; C.L. 1913, § 655; R.C. 1943, § 54-0606; S.L. 1959, ch. 372, § 66; 2003, ch. 388, § 4.

54-06-07. Salaries full compensation — Fees paid over to state treasurer.

All salaries of elective and appointive state officers shall be full compensation for all official services. All fees, which are not otherwise by the laws of this state directed to be deposited in a special fund or disbursed for a special purpose, received or charged by any elective or appointive officer or deputy state officer for any act or service rendered in the officer’s official capacity must be accounted for and paid over by the officer monthly to the state treasurer and must be credited to the general fund of the state.

Source: I.M. Nov. 8, 1932, § 6, S.L. 1933, p. 505; 1933, ch. 196, § 2; 1943, ch. 202, § 4; R.C. 1943, § 54-0607.

Cross-References.

Officers to account for moneys collected, see N.D.C.C. § 44-01-07.

Collateral References.

Constitutional provision fixing or limiting salary of public officer as precluding allowance for expenses or disbursements, 5 A.L.R.2d 1182.

Payment of salary to de facto officer as defense to action or proceeding by de jure officer for salary, 64 A.L.R.2d 1375.

54-06-08. Record of fees kept by state officers — Report to state treasurer.

Every state officer or deputy state officer required by the Constitution of North Dakota, or by any provision of the laws of this state, to pay into the state treasury all fees and profits arising from such office, shall keep a record of all such fees or profits in a book kept for that purpose. Such book is the property of the state. Each officer shall report to the state treasurer monthly the amount of fees or profits received, verified by oath, and at the same time shall pay the amount of such fees or profits to the treasurer, taking duplicate receipts therefor. One of the receipts must be filed with the office of management and budget forthwith. The office of management and budget shall charge the state treasurer with the amount thereof.

Source: S.L. 1890, ch. 183, § 7; 1891, ch. 1, § 2; R.C. 1895, § 327; R.C. 1899, § 327; S.L. 1901, ch. 95, §§ 1, 3; R.C. 1905, § 379; C.L. 1913, § 638; R.C. 1943, § 54-0608; S.L. 1959, ch. 372, § 67; 1975, ch. 106, § 577.

Cross-References.

Examination of state officers by state auditor, see N.D.C.C. § 54-10-01.

Officers to account for money collected, see N.D.C.C. § 44-01-07.

54-06-08.1. Clearing accounts and cash balances maintained by state agencies.

All departments, institutions, or agencies of the state may maintain, subject to approval of the state auditor and the state treasurer, in the Bank of North Dakota, or, if the state entity is located outside Bismarck, in another state or federally chartered financial institution, an account for clearing or cashing of checks and making change. To accommodate peak processing periods, the balance in an account at a financial institution other than the Bank of North Dakota may exceed the maximum amount of federal insurance coverage available if the excess in the account is secured by another form of security or security deposit; however, the balance may exceed the maximum amount of federal insurance coverage available only for the time it takes to clear the checks. Any check written on the account may be used only to transfer funds to the Bank of North Dakota or the state treasurer. A financial institution shall report to the state auditor in writing within thirty days after opening or closing an account for a state entity under this section. Subject to the approval of the state auditor, a state entity may maintain a cash balance reasonable for the conduct of business at the location of the entity.

Source: S.L. 1965, ch. 343, § 1; 1989, ch. 633, § 1; 1995, ch. 497, § 1.

Cross-References.

Public fund depositories, see N.D.C.C. ch. 21-04.

54-06-08.2. Payment by credit or debit card or by electronic fund transfer — State credit card processor — Fees.

1. A state agency, board, or commission, the judicial branch, or any political subdivision may accept payment by credit or debit card or by electronic fund transfer of any fee, interest, penalty, tax, or other payment that is due or collectible by the agency, board, or commission. The judicial branch may accept payment by credit or debit card or by electronic fund transfer for any fees, costs, or other assessments required or imposed under state law or court rule.
2. The Bank of North Dakota is the state credit card administrator for credit card transactions of state agencies, boards, or commissions. The Bank of North Dakota shall select a credit card processor or processors to provide credit card services to state agencies, boards, and commissions. All funds from credit card transactions must be deposited in the respective entity’s account in the Bank of North Dakota.
3. Except as otherwise provided under section 20.1-03-32, an executive branch agency may charge a fee to be added to a payment as a service charge for the acceptance of a payment made by a credit or debit card or an electronic fund transfer. The Bank of North Dakota shall adopt rules establishing the terms under which executive agencies may charge a service fee under this subsection to be in compliance with a credit card company’s rules and shall approve the amount that may be charged by an executive agency.

Source: S.L. 1995, ch. 498, § 1; 1997, ch. 437, § 1; 2009, ch. 15, § 17; 2011, ch. 391, § 1.

54-06-09. Mileage and travel expense of state officers and employees.

1. State officials, whether elective or appointive, and their deputies, assistants, and clerks, or other state employees, entitled by law to be reimbursed for mileage or travel expense, must be allowed and paid for mileage and travel expense.
   1. For each mile [1.61 kilometers] actually and necessarily traveled in the performance of official duty when the travel is by private airplane, the individual is entitled to a sum equal to one and one-half times the mileage reimbursement amount established under subdivision c for travel by motor vehicle. Mileage by private aircraft must be computed by actual air mileage when only one state employee or official is traveling; if two or more state employees or officials are traveling by private aircraft, the actual mileage must be based on the road mileage between the geographical points. Reimbursement for private airplane travel must be calculated as follows:
      1. If reimbursement is for one properly authorized and reimbursable passenger, reimbursement must be paid on a per mile basis as provided in this subsection.
      2. If reimbursement is claimed for a chartered private aircraft, reimbursement may not exceed the cost of regular coach fare on a commercial flight, if one is scheduled between the point of departure, point of destination, and return, for each properly authorized and reimbursable passenger on the charter flight; or, where there is no such regularly scheduled commercial flight, the actual cost of the charter.
   2. Except as provided in subdivision a, when travel is by rail or certificated air taxi commercial operator or other common carrier, including regularly scheduled flights by airlines, the individual is entitled to reimbursement for the amount actually and necessarily expended therefor in the performance of official duties.
   3. The director of the office of management and budget shall adopt policies establishing mileage reimbursement for actual and necessary travel in the performance of official duty when the travel is by motor vehicle, the use of which is required by the employing entity. The director shall amend the policies when necessary to set reimbursement at the same rate as established by the United States general services administration for privately owned vehicles.
2. No reimbursement may be paid for leased private aircraft, except for leased or rented private aircraft from a recognized fixed base aviation operator who is in the business of leasing and renting private aircraft and is located on an airport open for public use.
3. If only one person engages in such travel in a motor vehicle exceeding at any geographical point three hundred miles [482.80 kilometers] beyond the borders of this state, reimbursement is limited to eighteen cents per mile [1.61 kilometers] for miles driven in excess of six hundred miles [965.60 kilometers] of round trip out-of-state travel.
4. An official, deputy, assistant, clerk, or other employee, when required to travel by motor vehicle or truck in the performance of official duty, shall use a state-owned vehicle whenever possible unless exempted under section 24-02-03.3. However, an agency, institution, department, board, bureau, or commission may allow use of an official’s, deputy’s, or employee’s personal motor vehicle in circumstances authorized by the official, deputy, or the employee’s supervisor. If personal motor vehicle use is authorized under this subsection, the agency may also allow mileage reimbursement at a rate less than that otherwise provided in this section. When official travel is by motor vehicle or airplane owned by the state or by any department or political subdivision of the state, no allowance may be made or paid for such mileage, except that governmental entities may share expenses when officials or employees of those entities travel in the same motor vehicle or aircraft.
5. Notwithstanding the other provisions of this section, state employees permanently located outside the state or on assignments outside the state for an indefinite period of time, exceeding at least thirty consecutive days, must be allowed and paid forty-five cents per mile [1.61 kilometers] for each mile [1.61 kilometers] actually and necessarily traveled in the performance of official duty when such travel is by motor vehicle, and the three-hundred-mile [482.80-kilometer] restriction imposed by subsection 3 does not apply.
6. Before any allowance for any such mileage or travel expenses may be made, the official, deputy, assistant, clerk, or other employee shall file with the employee’s department, institution, board, commission, or agency an itemized statement showing the mileage traveled, the hour of departure and return, the days when and how traveled, the purpose thereof, and such other information and documentation as may be prescribed by rule of the employee’s department, institution, board, commission, or agency. The statement must be submitted to the employee’s department, institution, board, commission, or agency for approval and must be paid only when approved by the employee’s department, institution, board, commission, or agency.

Source: I.M. June 29, 1932, § 1, S.L. 1933, p. 496; 1937, ch. 187, § 1; R.C. 1943, § 54-0609; S.L. 1949, ch. 313, § 1; 1957 Supp., § 54-0609; S.L. 1959, ch. 325, § 1; 1963, ch. 347, § 1; 1965, ch. 304, § 5; 1967, ch. 382, § 1; 1969, ch. 399, § 2; 1971, ch. 448, § 2; 1973, ch. 413, § 1; 1973, ch. 414, § 1; 1975, ch. 418, § 3; 1975, ch. 467, § 1; 1979, ch. 479, § 2; 1981, ch. 455, § 3; 1983, ch. 495, § 4; 1985, ch. 501, § 2; 1991, ch. 569, § 1; 1993, ch. 507, § 1; 1995, ch. 427, § 2; 1997, ch. 41, § 10; 1997, ch. 435, § 2; 2001, ch. 472, § 1; 2001, ch. 473, § 2; 2005, ch. 475, § 1; 2007, ch. 455, § 1; 2009, ch. 386, § 7; 2011, ch. 391, § 2.

Cross-References.

Traveling expenses, see N.D.C.C. §§ 44-08-03 to 44-08-05.1.

54-06-09.1. Certification of unlawful expense and traveling account — Penalty — Action for violation. [Repealed]

Repealed by S.L. 1975, ch. 106, § 673.

54-06-10. Out-of-state travel — Authorization necessary. [Repealed]

Repealed by S.L. 1993, ch. 508, § 1.

54-06-11. Amounts of bonds of state officers. [Repealed]

Repealed by S.L. 1999, ch. 113, § 24.

54-06-12. Publishing false statements — Penalty.

No state official may publish willfully any false statement in regard to any state department, institution, or industry which tends to deceive the public and create a distrust of any state official or employee in charge of such department, institution, or industry, or which tends to obstruct, hinder, and delay the various departments, institutions, and industries of the state. Any person violating the provisions of this section is guilty of a class C felony.

Source: S.L. 1919, Sp., ch. 36, §§ 1, 4; 1925 Supp., §§ 9347a1, 9347a4; R.C. 1943, § 54-0612; S.L. 1975, ch. 106, § 578.

Collateral References.

Defamation: Privilege accorded state or local governmental administrative records relating to private individual member of public, 40 A.L.R.4th 318.

Defamation: nature and extent of privilege accorded public statements, relating to subject of legislative business or concern, made by member of state or local legislature or council outside of formal proceedings, 41 A.L.R.4th 1116.

54-06-13. Salary limitations suspended. [Repealed]

Repealed by omission from this code.

54-06-14. Annual leave and sick leave for state employees.

Annual leave and sick leave must be provided for all persons in the permanent employment of this state who are not employed under a written contract of hire setting forth the terms and conditions of their employment, within the limitations, terms, and provisions of this section. Annual leave for an employee entitled to it must be within a range of a minimum of one working day per month of employment to a maximum of two working days per month of employment, based on tenure of employment, to be fixed by rules adopted by the employing unit. Sick leave for an employee entitled to it must be within a range of a minimum of one working day per month of employment to a maximum of one and one-half working days per month of employment, based on tenure of employment, to be fixed by rules adopted by the employing unit. Annual leave must be compensated for on the basis of full pay for the number of working days’ leave credited to the employee. Sick leave must be compensated for on the basis of full pay for absence due to illness on working days during tenure of employment. An employee with at least ten continuous years of state employment is entitled to a lump sum payment equal to one-tenth of the pay attributed to the employee’s unused sick leave accrued under this section. An employee’s years of state employment must be deemed continuous if, under the official personnel policy of an agency, unit, or entity, the employee’s work is terminated because of a reduction in force and the employee is reinstated in any agency, unit, or entity within two years, or if the employee is placed on voluntary leave status without pay and the leave lasts no longer than two years for education purposes, or one year for any other voluntary leave without pay. The pay attributed to the accumulated, unused sick leave must be computed on the basis of the employee’s salary or wage at the time the employee leaves the employ of the state and at the rate of one hour of pay for each hour of unused sick leave. The agency, unit, or entity that last employed the employee shall make the lump sum payment from funds appropriated by the legislative assembly to that agency, unit, or entity for salaries and wages. Any state agency, unit, or entity which employs persons subject to this section shall formulate and adopt rules governing the granting of annual leave and sick leave which will effectuate the purpose of this section and best suit the factors of employment of that employing unit. Each employing unit shall file with the office of management and budget a copy of the rules adopted, including any amendments or additions to the rules.

Source: S.L. 1965, ch. 378, §§ 1, 2; 1989, ch. 634, § 1; 1991, ch. 570, § 1; 1991 Sp., ch. 887, § 1; 2003, ch. 460, § 1.

Note.

Chapter 378, S.L. 1965, included the following two sentences at the end of this section: “Each employee shall be required to take an annual leave, as provided for in this section. The accumulation of sick leave shall be limited to a total of one hundred twenty days”. As the House and Senate journals indicate that these sentences were not adopted, they have been omitted from this section.

54-06-14.1. State leave sharing program. [Repealed]

Source: S.L. 1993, ch. 509, § 1; 1995, ch. 499, § 1; repealed by 2021, ch. 394, § 3, effective August 1, 2021.

54-06-14.2. State sick leave sharing program. [Repealed]

Source: S.L. 1993, ch. 510, § 1; 1995, ch. 499, § 2; repealed by 2021, ch. 394, § 3, effective August 1, 2021.

54-06-14.3. Disaster services, emergency medical services, and firefighter volunteers — Leave.

1. Upon issuance of an order or proclamation declaring a state of disaster or emergency pursuant to chapter 37-17.1, or a declaration of at least a level II disaster by the American red cross in this or any other state, the executive officer in charge of a state agency may grant a leave of absence to any full-time employee of that agency who is certified by the American red cross as a disaster services volunteer. The leave of absence must be for the purpose of allowing that employee, upon request by the American red cross, to participate in disaster relief services.
2. The executive officer in charge of a state agency may grant a paid leave of absence to a full-time employee of that agency who is an emergency medical services personnel volunteer or volunteer firefighter. The leave of absence must be for the purpose of allowing that employee to respond to an emergency at the request of an emergency medical services operation or fire department.
3. An individual on leave under this section is not deemed to be an employee of the state for the purposes of workforce safety and insurance. The cumulative leave granted under this section may not exceed five working days during any calendar year. The leave may not result in a loss of compensation, seniority, annual leave, sick leave, or accrued overtime for which the employee is otherwise eligible.

Source: S.L. 1997, ch. 438, § 1; 2003, ch. 561, § 3; 2019, ch. 430, § 1, effective August 1, 2019.

54-06-14.4. State employee leave for organ or bone marrow donation.

The executive officer in charge of a state agency may grant a leave of absence, not to exceed twenty workdays, to an employee for the purpose of donating an organ or bone marrow. Notwithstanding the limitations for the donation and use of donated leave under section 54-06-14.7, an employee may request and use donated annual leave or sick leave for the purpose of donating an organ or bone marrow. If an employee requests donations of sick leave or annual leave, but does not receive the full amount needed for the donation of an organ or bone marrow, the executive officer of the state agency may grant a paid leave of absence for the remainder of the leave up to the maximum total of twenty workdays. The executive officer of the state agency may require verification by a physician regarding the purpose of the leave requested and information from the physician regarding the length of the leave requested. Any paid leave of absence granted under this section may not result in a loss of compensation, seniority, annual leave, sick leave, or accrued overtime for which the employee is otherwise eligible.

Source: S.L. 2005, ch. 476, § 2; 2021, ch. 394, § 1, effective August 1, 2021.

54-06-14.5. Use of sick leave and annual leave — Birth or adoption — Family leave priority.

1. During the first six months following birth or placement, an employer shall grant an employee’s request to use up to six weeks of sick leave under section 54-06-14 to care for the employee’s newborn child or to care for a child placed with the employee, by a child-placing agency licensed under chapter 50-12, for adoption or placed with the employee as a precondition to adoption under section 14-15-12, but not both. The employer shall compensate the employee for leave used by the employee under this subsection on the same basis as the employee would be compensated if the leave had been taken due to the employee’s illness, medical needs, or health needs. This subsection does not prevent an employee from using sick leave for the employee’s illness, medical needs, or health needs following the birth of a child or from using leave under section 54-52.4-03.
2. If an employee requests to use annual leave under section 54-06-14 for any of the reasons identified under subsection 1 of section 54-52.4-02, the employer shall give priority to the request.

History. S.L. 2015, ch. 369, § 1, effective August 1, 2015; enacted by 2015, ch. 370, § 1, effective August 1, 2015.

Effective Date.

The amendment of this section by section 1 of chapter 370, S.L. 2015 became effective on August 1, 2015.

This section became effective August 1, 2015.

Note.

Section 54-06-14.5 was enacted and amended by the 2015 Legislative Assembly. Pursuant to section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in section 1 of chapter 370, Session Laws 2015, House Bill 1244; and section 1 of chapter 369, Session Laws 2015, House Bill 1387.

54-06-14.6. Sick leave for consequences of domestic violence, a sex offense, stalking, or terrorizing.

1. As used in this section:
   1. “Domestic violence” has the same meaning as provided under section 14-07.1-01.
   2. “Immediate family member” means a spouse, parent, child, or sibling as provided under section 12.1-17-07.1.
   3. “Sex offense” means an offense under chapter 12.1-20.
   4. “Stalking” means an offense under section 12.1-17-07.1.
   5. “Terrorizing” means an offense under section 12.1-17-04.
2. Under section 54-06-14, an employing unit shall grant an employee’s request to use sick leave to:
   1. Seek legal or law enforcement assistance or remedies to ensure the health and safety of the employee or employee’s immediate family members, including preparing for or participating in any civil or criminal legal proceeding related to or derived from domestic violence, a sex offense, stalking, or terrorizing;
   2. Seek treatment by a health care provider for physical or mental injuries caused by domestic violence, a sex offense, stalking, or terrorizing, or to attend to health care treatment for a victim of such offenses who is the employee’s immediate family member;
   3. Obtain or assist an immediate family member in obtaining services from a domestic violence shelter, rape crisis center, or other social services program for relief from domestic violence, a sex offense, stalking, or terrorizing;
   4. Obtain or assist an immediate family member in obtaining mental health counseling related to an incident of domestic violence, sex offense, stalking, or terrorizing, in which the employee or the employee’s immediate family member was a victim of domestic violence, a sex offense, stalking, or terrorizing; or
   5. Participate in safety planning, temporary or permanent relocation, or take other actions to increase the safety of the employee or employee’s family members from future domestic violence, a sex offense, stalking, or terrorizing.
   6. In the discretion of the employee’s supervisor, the sick leave hours may be limited to forty hours per calendar year.

History. S.L. 2015, ch. 368, § 1, effective August 1, 2015.

Effective Date.

This section became effective August 1, 2015.

54-06-14.7. State leave sharing program — Rulemaking.

1. The human resource management services division of the office of management and budget shall establish a state leave sharing program for permanent employees of the state. The program must provide for a mechanism for state employees to donate accrued annual and sick leave to an employee who does not have available leave who is suffering from a severe, extreme, or life-threatening condition or who is caring for an immediate relative or household member who is suffering from a severe, extreme, or life-threatening condition.
2. A probationary, temporary, or contracted employee with a limited-term appointment is not eligible to participate in the leave sharing program. An employee may not use more than four months donated leave in any twelve-month period and an employee may not retain leave beyond the occurrence necessitating the leave.
3. The human resource management services division shall:
   1. Require medical certification from a physician, physician assistant, psychologist, or advanced practice nurse practitioner verifying the severe, extreme, or life-threatening nature of the medical condition and the expected duration of the condition;
   2. Track the amount of leave taken by permanent state employees under the program; and
   3. Adopt rules in accordance with chapter 28-32 to implement this section.

Source: S.L. 2021, ch. 394, § 2, effective August 1, 2021.

54-06-15. Failure of officials and employees working in capitol building to return keys upon termination of employment — Duty of person in charge of employing unit — Payment of fee in lieu of return — Retention of final warrant for salary or wage.

Each elective or appointive official or state employee employed by, or in charge of, an employing unit with offices in the state capitol building who fails or is unable to return a key, or keys, issued to that person pursuant to section 54-21-17.1 shall have that person’s final warrant-check for payment of salary or wages retained by the person in charge of the employing unit, or the person’s designee, until the key or keys are returned, or until the fee in lieu of return provided in this section has been paid. Each official or employee who fails or is unable to return keys issued to the person in the manner provided in section 44-08-18 shall pay a fee of five dollars for each key not returned, which fee must be in lieu of return of a key. Upon receipt of the in lieu fee, the person in charge of the employing unit, or the person’s designee, shall release the official’s or employee’s final warrant-check for payment of salary or wages. When an official or employee terminates that person’s employment and fails or is unable to return a key, or keys, issued to that person, the person in charge of the employing unit, or the person’s designee, shall retain the final warrant-check for payment of the salary or wages of that official or employee until this section has been complied with. As used in this section, the phrase “employing unit” means any agency, department, board, commission, or other governmental unit, including the supreme court, the legislative assembly, and the legislative council, which has offices located in the state capitol building. The phrase “person in charge” means the person who has the overall supervisory and administrative control over the employing unit.

Source: S.L. 1971, ch. 490, § 2.

Cross-References.

Director of institutions to promulgate rules on issuance and return of keys to capitol building, see N.D.C.C. § 54-21-17.1.

Responsibility of officials and employees for keys, see N.D.C.C. § 44-08-18.

54-06-16. Minimum wage standards for employees of state. [Repealed]

Repealed by S.L. 2003, ch. 388, § 5.

54-06-17. Certain rental-purchase-type agreements authorized.

With the approval of the office of management and budget, any department, agency, or institution of the state currently leasing or renting office equipment under an agreement that is convertible to a rental-purchase or similar agreement, upon certification to the office of management and budget that conversion of such leasing or rental agreement to a rental-purchase or similar agreement is to the financial advantage of the state and does not commit the state to payments thereon beyond the biennium for which funds are available, may convert such rental or leasing agreement to such rental-purchase-type agreement.

Source: S.L. 1975, ch. 468, § 1.

54-06-18. Director to authorize postage meters.

A state agency, department, or institution, except the institutions under the control and management of the board of higher education, may not obtain or use a postage meter unless authorized to do so by the director of the office of management and budget. Each state agency, department, or institution which is authorized by the director to obtain or use a postage meter shall maintain such records as the director may require and shall allow the director to inspect such records upon request. The office of management and budget shall keep a record of the identification numbers of all postage meters authorized for usage.

Source: S.L. 1975, ch. 469, § 1; 1991, ch. 592, § 30; 1999, ch. 407, § 2.

54-06-19. Appointive boards, commissions, committees, and councils — Gender balance.

Appointments to boards, commissions, committees, and councils of the state established by this code, if not otherwise provided by law, should be gender balanced to the extent possible and to the extent that appointees are qualified to serve on those boards, commissions, committees, and councils. Any appointment in accordance with this section should be made in a manner that strives to seek gender balance based on the numbers of each gender belonging to the group from which appointments are made. Ex officio members are not to be included in determining gender balance under this section.

Source: S.L. 1989, ch. 635, § 1.

54-06-20. Indigent civil legal services fund — Distribution — Continuing appropriation — Records.

1. An advisory committee consisting of the lieutenant governor, the director of the office of management and budget or the director’s designee, and the state court administrator shall distribute moneys deposited in the indigent civil legal services fund. Qualified legal service programs may apply for moneys in the fund. The moneys in the fund must be distributed to legal service programs operating in the state which provide, with funds appropriated by the federal legal services corporation, legal services to persons unable to afford private counsel. Allocation of funds among the programs must be based on the population served by each program, the range of legal services offered, alternative sources of funding, and other factors deemed relevant by the advisory committee. The moneys deposited in the indigent civil legal services fund in the state treasury are hereby appropriated to the advisory committee on a continuing basis for the purpose of implementing and administering a program to provide civil legal assistance to indigent individuals.
2. Recipients of funds distributed by the advisory committee shall comply with the federal Legal Services Corporation Act [42 U.S.C. 2996 et seq.].
3. Subject to the limitations in this section, funds distributed under subsection 1 may be used to provide legal services to persons unable to afford private counsel in the following types of cases:
   1. Public benefits, including temporary assistance to needy families, unemployment compensation, general assistance, the supplemental nutrition assistance program, supplemental security income, or social security disability income;
   2. Medical assistance;
   3. Family law matters;
   4. Housing;
   5. Consumer issues; and
   6. Elder law.
4. The advisory committee and each recipient of funds from the indigent civil legal services fund shall maintain records in accord with the generally accepted accounting principles. The records must account for the receipt and expenditure of all funds distributed and received and must be maintained for a period of five years from the close of the fiscal year in which the funds are distributed or received or until audited, whichever is sooner.

Source: S.L. 1989, ch. 150, §§ 2-4; 1997, ch. 439, § 1; 2013, ch. 367, § 7.

Effective Date.

The 2013 amendment of this section by section 7 of chapter 367, S.L. 2013 became effective August 1, 2013.

54-06-21. Public employee personnel records — Administration — Access.

The official personnel file on each employee is the file maintained under the supervision of the agency head or the agency head’s designated representative.

1. No documents that address an employee’s character or performance may be placed in the file unless the employee has had the opportunity to read the material. The employee must acknowledge that the employee has read the material by signing the actual copy to be filed or an attachment to the actual copy to be filed, with the understanding that the signature merely signifies that the employee has read the material to be filed and does not necessarily indicate agreement with its content. If the employee refuses to sign the copy to be filed, the agency head or the agency head’s designated representative shall indicate on the copy that the employee was shown the material, was requested to sign the material to verify that the material had been read, and that the employee refused to sign the copy to be filed. In the presence of the employee and a witness, the agency head or the agency head’s designated representative shall sign and date a statement verifying the refusal of the employee to sign the copy to be filed. The material must then be placed in the file.
2. The employee has the right to answer any material filed and any answer must be attached to the file copy. The employee’s answer to material filed may not be used as the basis for any subsequent adverse personnel action. If any material is found to be without merit or unfounded through an established grievance procedure, it must be immediately removed from the file and may not be used in any subsequent actions or proceedings against the employee.
3. The employee or the employee’s designated representative must be permitted to examine the employee’s official personnel file by appointment during normal business hours.
4. No anonymous letters or materials may be placed in the employee’s file.
5. The employee must be permitted to reproduce at the employee’s expense any material in the employee’s file.
6. An employee may file a grievance regarding nonevaluation material placed in the employee’s personnel file. A grievance is limited to an internal agency grievance unless such material is merged into a disciplinary proceeding.
7. This section does not prohibit administrators from maintaining written notes or records of an employee’s performance separate from the personnel file for the purpose of preparing evaluations or possible disciplinary action.
8. Administrators are encouraged to place in the employee’s file information of a positive nature, including any such material received from outside competent and responsible sources, indicating special competencies, achievements, performances, or contributions of a professional or civic nature.

Except when the employing agency inserts only salary, insurance, medical, tax, workforce safety and insurance, pretax benefits, or deferred compensation information or employment forms, a record of access must be maintained by the employing agency and must be provided to the employee when the employee examines the employee’s file. As used in this section, the term “public employee” means any person employed by the state and does not include persons employed by any political subdivision of the state.

Source: S.L. 1991, ch. 571, §§ 1-3; 1995, ch. 500, § 1; 2003, ch. 561, § 3.

54-06-22. Crime victims’ account — Administration.

The agency designated by the governor to administer the victims’ assistance grants under the federal Victims of Crime Act of 1984 [42 U.S.C. 10601 et seq.] shall administer a crime victims’ account in the state treasury. The moneys in the account must be distributed through grants to the crime victims’ compensation program; private, nonprofit domestic violence or sexual assault programs; and to victim and witness advocacy programs whose primary function is to provide direct services to victims of and witnesses to crimes. The administering agency shall establish procedures for the distribution of grants.

Source: S.L. 1991, ch. 572, § 1; 1995, ch. 513, § 2.

54-06-23. Child care services provided by state agency or institution.

A state agency or institution may provide for child care services to the children of employees, students, or clients of the agency or institution in accordance with this section. Child care services may be provided by the institution only after the head of the agency or institution determines there is a need for the services and that the services will be provided at rates that are not less than the average rates charged by private child care providers providing comparable services in the community. Child care services may be provided in space available within the facility housing the agency or institution. An agency or institution may operate a child care center in available space or contract with a child care provider for child care services. Within the limits of legislative appropriations, the agency or institution may provide utilities and custodial and maintenance services for the child care center. Additional operating costs, including the salaries for a director and staff and the cost of supplies, must be borne by the center. A child care center provided for by an agency or institution may provide child care services to the children of employees, students, or clients of the agency or institution and, to the extent space is available, to any other children.

Source: S.L. 1993, ch. 511, § 1.

54-06-24. State employee suggestion incentive program. [Repealed]

Source: S.L. 1993, ch. 512, § 1; 1999, ch. 447, § 1; 2013, ch. 400, § 1; 2019, ch. 40, § 22, effective July 1, 2019; repealed by 2019, ch. 40, § 31, effective July 1, 2021.

54-06-24.1. Telecommuting incentive program for state employees. [Repealed]

Expired under S.L. 2001, ch. 474, § 2.

54-06-25. State employees compensation commission — Appointment of members. [Repealed]

Source: S.L. 1993, ch. 513, § 1; 1995, ch. 501, §§ 1, 2; 1997, ch. 432, § 24; 1997, ch. 440, § 1; 2003, ch. 461, § 1; 2003, ch. 493, § 4; 2009, ch. 482, §§ 46, 97; 2017, ch. 239, § 3, effective August 1, 2017; repealed by 2021, ch. 15, § 39, effective July 1, 2021.

54-06-26. Use of state telephones by state officials and employees.

Notwithstanding any other provision of law, an appointed or elected state official or a state employee may use a state telephone to receive or place a local call for essential personal purposes to the extent that use does not interfere with the functions of the official’s or employee’s agency, department, or institution. Each state agency, department, or institution may establish guidelines defining reasonable and appropriate use of state telephones for essential personal purposes.

Source: S.L. 1997, ch. 441, § 1; 2017, ch. 239, § 4, effective August 1, 2017.

54-06-27. Emergency service volunteers — Leave.

Upon issuance of an order or proclamation declaring a state of disaster or emergency pursuant to chapter 37-17.1, a search emergency by the air force rescue coordination center or by the department of emergency services, or a declaration of at least a level II disaster by the American red cross in this or any other state, the executive officer in charge of a state agency or the governing body of any political subdivision may grant a leave of absence to any full-time employee of that governmental entity who is an emergency medical service provider, a member of the civil air patrol, a firefighter, police officer, volunteer member of the North Dakota army or air national guard, or emergency radio operator, or who performs other services necessary in an emergency. The leave of absence must be for the purpose of allowing that employee to provide voluntary emergency services. An individual on leave under this section is not deemed to be an employee of the governmental entity for the purposes of workforce safety and insurance. The cumulative leave granted under this section may not exceed twenty working days during any calendar year. The leave may not result in a loss of compensation, seniority, annual leave, sick leave, or accrued overtime for which the employee is otherwise eligible.

Source: S.L. 1999, ch. 448, § 1; 2003, ch. 561, § 3; 2009, ch. 16, § 15; 2009, ch. 313, § 2.

54-06-28. Emergency service volunteers — Temporary leave for firefighters, emergency radio operators, medical service providers, and civil air patrol.

The executive officer in charge of a state agency or the governing body of any political subdivision may grant temporary short-term leave with compensation to any full-time employee of that governmental entity for the purpose of allowing the employee to respond to an emergency call if the employee is a volunteer emergency medical service provider, firefighter, emergency radio operator, or a member of the civil air patrol.

Source: S.L. 1999, ch. 448, § 2.

54-06-29. Expenses incurred to collect funds owed the state — Continuing appropriation.

If a state agency enters a contract with a collection or credit agency to collect money due the state, the fees for services, reimbursement, or other remuneration to the collection or credit agency must be based on the amount of money actually collected. All funds collected on behalf of a state agency by a collection or credit agency must be deposited with the state treasurer. An amount equal to the amount of fees for services, reimbursement, or any other remuneration to the collection or credit agency as set forth in the contract is appropriated from the fund into which the money collected was deposited to the state agency for which the funds were collected for the payment of fees due under the contract.

Source: S.L. 1999, ch. 37, § 29.

54-06-30. State employee performance bonus program — Criteria — Limitations.

State agencies may provide monetary performance bonuses to their employees under this section.

1. State agencies may pay bonuses under this section if:
   1. The agency has had a written employee performance evaluation policy in place for more than one year before paying the bonus;
   2. The written employee performance evaluation policy required in subdivision a must have at least three levels of performance criteria; and
   3. The agency performance bonus program adopted under this section must be a written policy and must be communicated to each employee in the agency. Development of the written policy must include input from employees.
2. State employees are eligible to receive a bonus under this section only if:
   1. The employee has held a position in state government for at least one year before a bonus is paid;
   2. The employee’s overall annual performance evaluation satisfies the agency’s performance bonus program criteria for receiving a bonus; and
   3. The employee is a full-time or part-time regular nonprobationary employee holding a regularly funded nontemporary position.
3. An employee may not receive more than one performance bonus per fiscal year and may not receive more than one thousand five hundred dollars in bonuses per fiscal year.
4. Each agency must fund the performance bonus program from within its agency budget for salaries and wages.
5. Bonuses paid under this section may not be included in an employee’s base salary for purposes of calculating any wage or salary increase.
6. Bonuses paid under this section are not fiscal irregularities under section 54-14-03.1.

Source: S.L. 2001, ch. 475, § 1; 2003, ch. 462, § 1; 2009, ch. 458, § 1; 2019, ch. 40, § 23, effective July 1, 2019.

54-06-31. State employee recruitment and retention bonus programs — Criteria — Limitations.

State agencies may develop programs to provide bonuses to recruit or retain employees in hard-to-fill occupations.

1. State agencies may pay recruitment and retention bonuses under this section only if:
   1. The agency has a written policy in place identifying eligible positions or occupations and provisions for providing and receiving bonuses;
   2. The agency has filed a copy of the written policy with the North Dakota human resource management services; and
   3. The agency reports to the North Dakota human resource management services each bonus provided to an employee under the program.
2. State agencies must fund bonus programs from within the agency salaries and wages budget.
3. The North Dakota human resource management services shall report periodically to the legislative management on the implementation, progress, and bonuses provided under agency recruitment and retention bonus programs.
4. Bonuses paid under this section are not fiscal irregularities under section 54-14-03.1.
5. As used in this section, a hard-to-fill occupation includes an occupation or position in which demand exceeds supply, special qualifications are required, competition with other employers is the strongest, there is a risk of losing an incumbent with rare skills, the position is filled by a highly skilled employee who is in high demand in the marketplace, loss of the employee would result in significant replacement costs, the position is filled by key personnel, or the position has other unique recruitment or retention issues identified and documented by the appointing authority.

Source: S.L. 2001, ch. 476, § 1; 2003, ch. 462, § 2; 2009, ch. 459, § 1; 2009, ch. 482, § 47.

54-06-32. State employee service awards.

Each state agency, department, or institution may establish rules or policies for employee recognition and service award programs. Executive branch agencies having employees in classified service are subject to rules adopted by North Dakota human resource management services and approved by the state personnel board and the legislative management’s administrative rules committee. Any other agency, department, or institution of the executive, legislative, or judicial branch may adopt similar rules or policies to ensure uniformity and consistency in state government. Notwithstanding any other provision of law, each executive branch state agency, department, or institution, except an institution of higher education, having employees who are not in classified service and establishing rules or policies for employee recognition and service award programs shall submit the rules and policies to the office of management and budget for review and comment, and after addressing any comments of the office of management and budget, shall submit the rules and policies to the legislative management’s administrative rules committee for approval. Within sixty days after the close of each biennial period, each state agency, department, or institution providing an employee service award under rules approved by the administrative rules committee shall file with the office of management and budget a report indicating the total amount of service awards paid. Within ninety days after the close of each biennial period, the office of management and budget shall submit to the legislative council a report summarizing this information. An expenditure made under this section is deemed to be made for a public purpose and may not be construed as a gift for purposes of section 18 of article X of the Constitution of North Dakota.

Source: S.L. 2009, ch. 460, § 1; 2013, ch. 401, § 1.

Effective Date.

The 2013 amendment of this section by section 1 of chapter 401, S.L. 2013 became effective April 18, 2013, pursuant to an emergency clause in section 4 of ch. 401, S.L. 2013.

54-06-33. Employer-paid tuition.

Each state agency, department, or institution may establish rules or policies to provide employer-paid costs of training or educational courses, including tuition and fees, within budgetary constraints. Executive branch agencies having employees in classified service are subject to rules adopted by North Dakota human resource management services and approved by the state personnel board and the legislative management’s administrative rules committee. Any other state agency, department, or institution of the executive, legislative, or judicial branch may adopt rules or policies to ensure uniformity and consistency in state government. Notwithstanding any other provision of law, each executive branch state agency, department, or institution, except an institution of higher education, having employees who are not in classified service and establishing rules or policies for employer-paid costs of training or educational courses, including tuition and fees, shall submit the rules and policies to the office of management and budget for review and comment, and after addressing any comments of the office of management and budget, shall submit the rules and policies to the legislative management’s administrative rules committee for approval. Within sixty days after the close of each biennial period, each state agency, department, or institution providing employer-paid costs of training or educational courses, including tuition and fees, under rules approved by the administrative rules committee, shall file with the office of management and budget a report indicating the total employer-paid costs of training and educational courses, including tuition and fees. Within ninety days after the close of each biennial period, the office of management and budget shall submit to the legislative council a report summarizing this information. An employee who receives employer-paid tuition reported under this section who leaves employment with the state within two years of receiving the tuition must repay tuition received under this section on a prorated basis. An expenditure for employer-paid training or educational courses, including tuition and fees, under this section is deemed to be made for a public purpose and may not be construed as a gift for purposes of section 18 of article X of the Constitution of North Dakota.

Source: S.L. 2009, ch. 460, § 2; 2013, ch. 401, § 2.

Effective Date.

The 2013 amendment of this section by section 2 of chapter 401, S.L. 2013 became effective April 18, 2013 pursuant to an emergency clause in section 4 of chapter 401, S.L. 2013..

54-06-34. Employer-paid professional organization membership and service club dues.

Each state agency, department, or institution may pay employee membership dues for professional organizations and membership dues for service clubs when required to do business or if the membership is primarily for the benefit of the state. Within sixty days after the close of each biennial period, each executive branch state agency, department, or institution, except an institution of higher education, providing employer-paid professional organization membership and service club dues shall file with the office of management and budget a report indicating the total employer-paid professional organization membership and service club dues. Within ninety days after the close of each biennial period, the office of management and budget shall submit to the legislative council a report summarizing this information. An expenditure made under this section is deemed to be made for a public purpose and may not be construed as a gift for purposes of section 18 of article X of the Constitution of North Dakota.

Source: S.L. 2009, ch. 460, § 3; 2013, ch. 401, § 3.

Effective Date.

The 2013 amendment of this section by section 3 of chapter 401, S.L. 2013 became effective April 18, 2013, pursuant to an emergency clause in section 4 of ch. 401, S.L. 2013.

54-06-35. Expenditure made pursuant to rule or policy.

An expenditure made pursuant to a rule or policy adopted pursuant to sections 54-06-32 through 54-06-34 is not a criminal offense.

Source: S.L. 2009, ch. 460, § 4.

54-06-36. Honor guard leave.

Honor guard leave is an approved absence from work, with pay, of up to twenty-four working hours per calendar year for an employee to participate in an honor guard for a funeral service of a veteran. A governmental entity may grant a request for honor guard leave even if the absence of the employee might interfere with the normal operations of the agency. This section applies to each governmental entity that employs an individual in a position classified by human resource management services.

Source: S.L. 2011, ch. 392, § 1.

54-06-37. Authorization to purchase or lease aircraft — Legislative assembly or budget 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.

Source: S.L. 2013, ch. 221, § 1; 2019, ch. 431, § 1, effective August 1, 2019; 2019, ch. 438, § 12, effective August 1, 2019.

Effective Date.

This section became effective July 1, 2013.

Note.

Section 54-06-37 was amended 2 times by the 2019 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 1 of Chapter 431, Session Laws 2019, House Bill 1230; and Section 12 of Chapter 438, Session Laws 2019, Senate Bill 2055.

54-06-38. Harassment policies.

Each state agency, department, and institution shall adopt and enforce a policy on employee harassment, including sexual harassment. The policy must clearly define harassment and specify the responsibilities of the employee, supervisor, and the agency, department, or institution. If an agency, department, or institution does not adopt a harassment policy, the agency, department, or institution must be subject to the policy adopted by the North Dakota human resource management services division.

History. S.L. 2015, ch. 371, § 1, effective August 1, 2015.

Effective Date.

This section became effective August 1, 2015.

54-07-01. Powers and duties of governor.

In addition to the powers and duties prescribed by the constitution, the governor:

1. Shall supervise the official conduct of all executive and ministerial officers.
2. Shall see that all offices are filled, and the duties thereof performed, or in default thereof, shall apply such remedies as the law allows. If the remedy is imperfect, the governor shall acquaint the legislative assembly therewith at its next session.
3. Shall make appointments and fill vacancies as required by law.
4. Shall be the sole official organ of communication between the government of this state and the government of any other state of the United States.
5. Whenever any suit or legal proceeding is pending against this state, which may affect the title of this state to any property or which may result in any claim against the state, may direct the attorney general to appear on behalf of the state, and may employ such additional counsel as the governor may deem expedient.
6. May require the attorney general or state’s attorney of any county to inquire into the affairs or management of any corporation or limited liability company existing under the laws of this state.
7. May require the attorney general to aid any state’s attorney in the discharge of the state’s attorney’s duties.
8. May offer rewards not exceeding one thousand dollars each, payable out of any legislative appropriation therefor, for the apprehension of any convict who has escaped from the penitentiary, or any person who has committed, or who is charged with the commission of, an offense punishable with death or life imprisonment.
9. Shall issue patents for land as prescribed by the laws of this state.
10. Has such other powers and must perform such other duties as are or may be devolved upon the governor by law.
11. Shall produce and deliver to the legislative assembly by December tenth of each even-numbered year a report on the status of children and families and proposals for addressing the needs of children and families.
12. Shall designate a lead agency to collaborate with other agencies to coordinate early intervention services for children from birth to age three who are at high risk for developmental delay or disability.

Source: R.C. 1895, § 83; R.C. 1899, § 83; R.C. 1905, § 86; C.L. 1913, § 111; R.C. 1943, § 54-0701; S.L. 1993, ch. 54, § 106; 1995, ch. 502, § 1; 2017, ch. 365, § 1, effective August 1, 2017.

Cross-References.

Commander in chief of military forces, see N.D. Const., Art. V, § 7.

Election of governor, see N.D. Const., Art. V, § 3.

Executive power in governor, see N.D. Const., Art. V, § 1.

Powers, see N.D. Const., Art. V, §§ 7, 8 and 9.

Qualifications of governor, see N.D. Const., Art. V, § 4.

Succession to office of governor, see N.D. Const., Art. V, § 11; N.D.C.C. § 44-02-03.

Term of office, see N.D. Const., Art. V, § 5.

54-07-01.1. Emergency powers of the governor.

In emergencies in support of national defense, the governor may cooperate with any officer or agency of the United States in the transportation of persons or property and the conservation and utilization of vital transportation equipment, materials, and supplies, and when requested by such officer or agency, may issue executive orders related thereto which will:

1. Suspend or modify the enforcement of any statute, ordinance, or regulation relating to the operation of motor vehicles upon the highways and streets of the state where it appears that the enforcement of such statute, ordinance, or regulation would impede or interfere with the national defense.
2. Prescribe maximum rates of speed at which any motor vehicle may be operated on any highway or street in the state.
3. Prescribe the sizes and load weights of motor vehicles which may be operated on any highway or street in the state.
4. Suspend the enforcement of any statute, ordinance, or regulation that requires any motor vehicle, bus, or housetrailer, to which a valid and unexpired permit or license has been issued by another state, to obtain a permit or license from this state.
5. Prescribe reasonable regulations for the conservation and utilization of the highways and streets, and of vital transportation equipment, and materials and supplies used in connection therewith.
6. Amend, revoke, or suspend any such executive order or regulation.

The governor shall report to the legislative assembly at its next session any proceedings taken by the governor pursuant to this section. Such report must include copies of all executive orders or regulations promulgated by the governor.

Source: S.L. 1971, ch. 266, § 3.

Cross-References.

North Dakota Disaster Act, see N.D.C.C. ch. 37-17.1.

Law Reviews.

Emergency Powers of the Governor in North Dakota, 50 N.D. L. Rev. 101 (1973).

54-07-01.2. Governor to have power to appoint majority of members of certain boards and commissions — Limitations.

1. Notwithstanding sections 2-05-01, 4.1-05-02, 4.1-26-02, 6-01-03, 6-09-02.1, 12-55.1-02, 12-59-01, 15-39.1-05.1, 15.1-01-01, 15.1-13-02, 20.1-02-23, 23-01-02, 23.1-01-02, 36-01-01, 37-18.1-01, 50-06-05.6, 54-34.3-10, 54-54-02, 55-01-01, and 61-02-04, all members of the following boards and commissions must, subject to the limitations of this section, be considered to have resigned from such boards and commissions effective January first of the first year of each four-year term of the governor:
   1. The aeronautics commission.
   2. The milk marketing board.
   3. The dairy promotion commission.
   4. The state banking board.
   5. The state credit union board.
   6. The advisory board of directors to the Bank of North Dakota.
   7. The pardon advisory board.
   8. The state parole board.
   9. The state board of public school education.
   10. The education standards and practices board.
   11. The board of trustees of the teachers’ fund for retirement.
   12. The state game and fish advisory board.
   13. The health council.
   14. The environmental review advisory council.
   15. The board of animal health.
   16. The administrative committee on veterans’ affairs.
   17. The committee on aging.
   18. The commission on the status of women.
   19. The North Dakota council on the arts.
   20. The state historical board.
   21. The state water commission.
2. The governor shall have the option of reappointing any member to any board or commission to complete the term to which the member was appointed, or the governor may appoint a simple majority of any board or commission to complete the terms of those resigned members who do not receive reappointments. In order to assure continuity, the governor shall reappoint for the completion of their original terms no fewer than one less than a simple majority of the former members of each board or commission.
3. If the governor has not acknowledged in writing the resignation of any members of any board or commission prior to July first of the first year of the governor’s term, the board or commission member must be considered to have been reappointed to complete the term to which the member was originally appointed. All members of boards and commissions shall continue to serve until the time they are notified of the acceptance of their resignation by the governor, and in all cases the members of boards and commissions shall continue to serve until their successors have been named and qualified.
4. In those instances where nominations for the filling of vacancies on boards and commissions are submitted to the governor pursuant to state law, the governor shall notify such persons and organizations of acceptance of the resignation of any board or commission member. Such persons and organizations shall furnish the governor with the number of required nominations to fill the vacancies within sixty days after the notice or the governor may nominate and appoint such members as are otherwise qualified.
5. The provisions of this section do not apply to those constitutional officers who serve on boards and commissions, except insofar as a governor may count such constitutional officers among those the governor reappoints in order to conform to the continuity requirements of this section.
6. All vacancies created by resignation after July first of the first year of each term of a governor must be filled as provided by law. If any person refuses an appointment, the governor shall fill such position as otherwise provided by law.

Source: S.L. 1971, ch. 492, § 1; 1973, ch. 416, § 1; 1979, ch. 577, § 1; 1981, ch. 91, § 45; 1981, ch. 486, § 29; 1981, ch. 528, § 10; 1987, ch. 622, § 1; 1989, ch. 80, § 70; 1989, ch. 241, § 6; 1989, ch. 295, § 3; 1991, ch. 54, § 28; 1991, ch. 525, § 3; 1993, ch. 171, § 17; 1995, ch. 458, § 7; 1997, ch. 115, § 7; 1997, ch. 170, § 3; 1999, ch. 164, § 10; 2001, ch. 161, § 29; 2001, ch. 501, § 5; 2001, ch. 503, § 13; 2009, ch. 65, § 5; 2009, ch. 80, § 17; 2015, ch. 72, § 2, effective July 1, 2015; 2017, ch. 335, § 3, effective August 1, 2017; 2017, ch. 199, § 57, effective April 29, 2019; 2021, ch. 56, § 12, effective August 1, 2021.

Effective Date.

The 2015 amendment of this section by section 2 of chapter 72, S.L. 2015 became effective July 1, 2015.

Note.

This section is effective upon the receipt by the legislative council of the certification by the chief of the environmental health section of the state department of health attesting that all necessary federal approvals have been obtained and all necessary federal and other agreements have been amended to ensure the state will continue to meet the primacy requirements it currently satisfies after the transfer of authority, powers, and duties from the state department of health to the department of environmental quality provided under S.L. 2017, ch. 199, § 75. [Contingency met in 2019]

This section is set out above to reflect that the contingency of the section has been met.

Section 54-07-01.2 was amended 2 times by the 2017 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 57 of Chapter 199, Session Laws 2017, Senate Bill 2327; and Section 3 of Chapter 335, Session Laws 2017, House Bill 1135.

54-07-01.3. Governor to coordinate conversion to metric system by executive branch.

The office of the governor may coordinate and plan for conversion to the metric system by all agencies, boards, commissions, and departments within the executive branch of state government in conformance with the Metric Conversion Act of 1975 [Pub. L. 94-168; 89 Stat. 1007; 15 U.S.C. 205a et seq.]. The governor may direct such agencies, departments, boards, and commissions to comply with any guidelines established by the United States metric board to meet the desired deadline for converting to general use of the metric system.

Source: S.L. 1977, ch. 479, § 1.

54-07-01.4. Office of management and budget to be designated or appointed as administering state agency.

The governor may designate or appoint the office of management and budget as the state agency responsible for administering any statutory function if that function is not statutorily placed in a specific state entity. The office of management and budget shall administer the statutory functions received pursuant to this section in accordance with applicable statutory provisions.

Source: S.L. 1981, ch. 534, § 2.

54-07-01.5. Governor to file bills with secretary of state.

The governor shall cause each bill passed by the legislative assembly and not vetoed by the governor to be filed with the secretary of state within five legislative days after the bill has been delivered to the governor. If the legislative assembly is not in session, the governor shall cause each bill delivered to the governor to be filed with the secretary of state within fifteen days, Saturdays and Sundays excepted, after delivery of the bill to the governor.

Source: S.L. 1987, ch. 259, § 13; 1987, ch. 549, § 2; 2001, ch. 477, § 1.

54-07-01.6. Governor to receive bills.

The governor shall accept delivery of bills passed by the legislative assembly and presented to the governor during regular business hours. The governor may coordinate with the presiding officer of the senate or the presiding officer of the house of representatives with respect to the delivery of senate or house bills outside normal business hours or during times the governor anticipates being out of the office for more than three legislative days.

Source: S.L. 2003, ch. 463, § 1.

54-07-02. Records kept by governor.

The governor shall cause to be kept the following records:

1. An account of all of the governor’s official expenses and disbursements, including the incidental expenses of the governor’s department, and of all rewards offered by the governor for the apprehension of criminals and persons charged with crime.
2. A register of all appointments made by the governor, with the date of the commission, name of appointee, and predecessor.

These records and the originals of all reports must be preserved in the office of the governor. Whenever any application for appointment to office is refused by the governor, the governor may return the papers relating to the application.

Source: R.C. 1895, § 84; R.C. 1899, § 84; R.C. 1905, § 87; C.L. 1913, § 112; R.C. 1943, § 54-0702.

54-07-03. Persons acting as governor — Powers and duties.

Every provision of the laws of this state in relation to the powers and duties of the governor, and in relation to the acts and duties to be performed by others toward the governor, extends to the person performing for the time being the duties of governor.

Source: R.C. 1895, § 85; R.C. 1899, § 85; R.C. 1905, § 88; C.L. 1913, § 116; R.C. 1943, § 54-0703.

54-07-04. Salary of governor.

The annual salary of the governor is one hundred forty thousand eight hundred twenty-nine dollars through June 30, 2022, and one hundred forty-three thousand six hundred forty-six dollars thereafter.

Source: R.C. 1895, § 86; R.C. 1899, § 86; R.C. 1905, § 89; S.L. 1909, ch. 216, § 4; C.L. 1913, § 117; I.M. Nov. 8, 1932, § 1, S.L. 1933, p. 504; 1943, ch. 202, § 2; R.C. 1943, § 54-0704; S.L. 1951, ch. 305, § 4; 1957, ch. 335, § 11; 1957 Supp., § 54-0704; S.L. 1965, ch. 344, § 5; 1973, ch. 417, § 5; 1977, ch. 480, § 6; 1981, ch. 521, § 6; 1983, ch. 44, §§ 16, 24, and 25; 1989, ch. 1, § 21; 1991, ch. 28, § 30; 1991, ch. 53, § 10; 1995, ch. 23, § 3; 1997, ch. 1, § 3; 1999, ch. 23, § 3; ch. 29, ch. 1, § 3; 2005, ch. 1, § 5; 2007, ch. 28, § 6; 2009, ch. 1, § 4; 2011, ch. 27, § 5; 2013, ch. 1, § 5; 2015, ch. 35, § 4, effective July 1, 2015; 2019, ch. 26, § 4, effective July 1, 2019; 2021, ch. 1, § 5, effective July 1, 2021.

Effective Date.

The 2015 amendment of this section by section 4 of chapter 35, S.L. 2015 became effective July 1, 2015.

The 2013 amendment of this section by section 5 of chapter 1, S.L. 2013 became effective July 1, 2013.

54-07-05. Highway safety assent.

The governor, in addition to other duties and responsibilities conferred upon the governor by the constitution and laws of this state, is hereby empowered to contract and to do all other things necessary in behalf of this state to secure the full benefits available to this state under the Highway Safety Act of 1966 [Pub. L. 89-564; 80 Stat. 731; 23 U.S.C. 401 et seq.], and in so doing, to require compliance by state agencies and political subdivisions; to cooperate with federal and state agencies, agencies private and public, interested organizations, and with individuals; to effectuate the purposes of that enactment and any and all subsequent amendments thereto. The governor is the official of this state having ultimate responsibility for dealing with the federal government with respect to programs and activities pursuant to the Highway Safety Act of 1966 [Pub. L. 89-564; 80 Stat. 731; 23 U.S.C. 401 et seq.] and any amendments thereto. To that end the governor shall coordinate the activities of any and all departments and agencies of this state and its subdivisions, relating thereto.

Source: S.L. 1967, ch. 383, § 1.

54-07-06. Division of economic opportunity. [Repealed]

Repealed by S.L. 1979, ch. 553, § 20.

54-07-07. Governor’s prevention and advisory council duties — Continuing appropriation.

The governor’s prevention and advisory council shall contract with or grant funds to entities within this state to discourage impaired driving and alcohol and drug abuse by minors. The council may accept grants and gifts of any money, property, or service from any public or private source for the purposes of this section. Any funding obtained by the council, not otherwise appropriated, is appropriated on a continuing basis for the purposes of this section. Funding appropriated for the purposes of this section may not be used for costs associated with an initiated measure.

Source: S.L. 2007, ch. 456, § 1.

54-07-08. North Dakota youth council — Creation.

Expired under S.L. 2009, ch. 461, § 5.

54-07-09. Youth council chairman — Meetings.

Expired under S.L. 2009, ch. 461, § 5.

54-07-10. Youth council powers.

Expired under S.L. 2009, ch. 461, § 5.

54-07-11. Youth council duties.

Expired under S.L. 2009, ch. 461, § 5.

54-07-12. Theodore Roosevelt presidential library and museum endowment fund — Continuing appropriation — Budget section report.

There is created in the state treasury the Theodore Roosevelt presidential library and museum endowment fund. The governor may provide for the fund to be invested under the supervision of the board of university and school lands. The interest and earnings of the fund are appropriated to the governor on a continuing basis to pay interest expenses on a loan from the Bank of North Dakota and to provide grants pursuant to this section. The governor may provide grants to a private entity subject to the following:

1. The private entity has certified to the governor the entity has received the sum of one hundred million dollars in cash donations and binding pledged donations for the construction of a presidential library and museum in North Dakota and for grants to affected entities;
2. The governor has entered an agreement with the private entity in subsection 1 which includes the following provisions:
   1. The grant funds will be spent only for operating and maintenance costs of the presidential library located in North Dakota;
   2. Any unused grant funds will be returned to the state and deposited in the general fund if the presidential library has not been constructed within the period of time specified in the agreement or if the library ceases operations;
   3. The private entity agrees to donate ten million dollars from the one hundred million dollars identified in subsection 1 to a higher education institution foundation in North Dakota for the purpose of creating an endowment to digitize documents relating to Theodore Roosevelt and for the creation of a Theodore Roosevelt conservation scholars program and related academic mission at a North Dakota higher education institution in collaboration with the private entity; and
   4. The private entity agrees to donate three hundred thousand dollars to a city in North Dakota for prior costs incurred related to planning for a presidential library;
3. The governor provides a report to the budget section which includes copies of the documentation received for the certification provided in subsection 1; and
4. The governor provides a report to the budget section within thirty days of applying for the loan authorized by S.L. 2019, ch. 26, § 8, which includes all completed loan application documents.

Source: S.L. 2019, ch. 26, § 5, effective April 26, 2019.

54-08-01. Duties of lieutenant governor.

The duties of the lieutenant governor are those prescribed in the Constitution of North Dakota.

Source: R.C. 1895, § 87; R.C. 1899, § 87; R.C. 1905, § 90; C.L. 1913, § 118; R.C. 1943, § 54-0801.

Cross-References.

Duties, see N.D. Const., Art. V, §§ 11, 12.

Election, see N.D. Const., Art. V, § 3.

Qualifications, see N.D. Const., Art. V, § 4.

54-08-02. Disability of lieutenant governor — Who shall act.

In case of the death, impeachment, resignation, failure to qualify, absence from the state, removal from office, or the disability of the lieutenant governor, the powers and duties of that office for the residue of the term, or until the lieutenant governor is acquitted or the disability removed, shall devolve upon the president pro tempore of the senate, except that the president pro tempore of the senate does not succeed to the office of governor by virtue of having the powers and duties of the office of lieutenant governor. When presiding over any meeting of the senate, all the powers and duties of the office of lieutenant governor shall devolve upon the president pro tempore of the senate.

Source: S.L. 1891, ch. 84, § 1; R.C. 1895, § 89; R.C. 1899, § 89; R.C. 1905, § 92; C.L. 1913, § 120; R.C. 1943, § 54-0802.

54-08-03. Salary of lieutenant governor.

The annual salary of the lieutenant governor is one hundred nine thousand five hundred thirty-six dollars through June 30, 2022, and one hundred eleven thousand seven hundred twenty-seven dollars thereafter.

Source: S.L. 1893, ch. 93, § 1; R.C. 1895, § 88; R.C. 1899, § 88; R.C. 1905, § 91; C.L. 1913, § 119; I.M. Nov. 8, 1932, § 1, S.L. 1933, p. 504; 1943, ch. 202, § 2; R.C. 1943, § 54-0803; S.L. 1957, ch. 335, § 10; 1957 Supp., § 54-0803; S.L. 1965, ch. 344, § 6; 1973, ch. 417, § 6; 1977, ch. 480, § 7; 1983, ch. 44, § 17; 1985, ch. 560, § 6; 1989, ch. 1, § 22; 1991, ch. 28, § 31; 1991, ch. 53, § 11; 1995, ch. 23, § 4; 1997, ch. 1, § 4; 1999, ch. 23, § 4; ch. 29, ch. 1, § 4; 2005, ch. 1, § 6; 2007, ch. 28, § 7; 2009, ch. 1, § 5; 2011, ch. 27, § 6; 2013, ch. 1, § 6; 2015, ch. 35, § 5, effective July 1, 2015; 2019, ch. 26, § 6, effective July 1, 2019; 2021, ch. 1, § 6, effective July 1, 2021.

Effective Date.

The 2015 amendment of this section by section 5 of chapter 35, S.L. 2015 became effective July 1, 2015.

The 2013 amendment of this section by section 6 of chapter 1, S.L. 2013 became effective July 1, 2013.

54-08-04. Salary of lieutenant governor when acting for governor.

When the lieutenant governor acts as governor, the lieutenant governor is entitled to receive during the time the lieutenant governor so acts the compensation which the governor, if acting, would be entitled to receive for such time. During such time the lieutenant governor is not entitled as lieutenant governor to any other compensation.

Source: S.L. 1893, ch. 93, § 1; R.C. 1895, § 88; R.C. 1899, § 88; R.C. 1905, § 91; C.L. 1913, § 119; R.C. 1943, § 54-0804.

54-09-01. Records in custody of secretary of state.

The secretary of state is charged with the custody of:

1. The enrolled copy of the Constitution of North Dakota.
2. All the acts and resolutions passed by the legislative assembly.
3. The journals of the legislative assembly.
4. The great seal.
5. All books, records, deeds, parchments, maps, and papers kept or deposited in the secretary of state’s office pursuant to law.

Source: R.C. 1895, § 90; R.C. 1899, § 90; R.C. 1905, § 93; C.L. 1913, § 121; R.C. 1943, § 54-0901.

54-09-02. Duties of secretary of state.

In addition to the duties prescribed by the constitution, the secretary of state shall:

1. Receive bills and resolutions from every session of the legislative assembly, and shall perform such other duties as may devolve upon the secretary of state by resolution of the two houses, or either of them.
2. Keep a register of and attest the official acts of the governor.
3. Affix the great seal with the secretary of state’s attestation to commissions and other public instruments to which the official signature of the governor is required.
4. Record and maintain records of all conveyances made to the state and all articles of incorporation filed in the secretary of state’s office.
5. Maintain records for all books distributed by the secretary of state and direct the county auditor of each county to do the same as provided by law.
6. Furnish on demand to persons paying the fees therefor a certified copy of all or any part of any law, record, or other instrument filed, deposited, or recorded in the secretary of state’s office.
7. Keep records of all the fees, commissions, and compensation of whatever nature or kind earned, collected, or charged by the secretary of state, with the date, name of payer, and the nature of the services in each case.
8. Biennially report to the governor with copies filed in the secretary of state’s office as prescribed by section 54-06-04 all moneys received from any source for services performed and accompany the report with a detailed statement under oath of the manner in which the appropriations for the secretary of state’s office have been expended during the preceding two fiscal years.
9. Immediately after the laws, resolutions, and journals of the legislative assembly are bound, distribute the laws, resolutions, and journals to the persons entitled thereto by law or rules of the senate and house of representatives.
10. Keep records of cities as prescribed by law.
11. Indicate on each bill passed by the legislative assembly the date of filing in the secretary of state’s office.
12. Perform all other duties as are prescribed by law.

Source: R.C. 1895, §§ 91, 92; R.C. 1899, §§ 91, 92; R.C. 1905, §§ 94, 95; C.L. 1913, §§ 122, 126; R.C. 1943, § 54-0902; S.L. 1963, ch. 346, § 55; 1987, ch. 549, § 3; 1991, ch. 482, § 4; 1995, ch. 350, § 43; 1997, ch. 442, § 1; 2005, ch. 261, § 25.

Cross-References.

Acting as governor, see N.D. Const., Art. V, § 11.

Authentication of session laws, see N.D.C.C. § 46-03-15.

Board of University and School Lands, see N.D. Const., Art. IX, § 3 and N.D.C.C. § 15-01-01.

Central microfilm unit, duty to establish and operate, see N.D.C.C. § 54-46.1-01.

Certifying bonded indebtedness, see N.D. Const., Art. X, § 17.

Deputy, appointment, removal, bond, see N.D.C.C. § 44-03-01.

Distribution of state laws, see N.D.C.C. ch. 46-04.

Election, see N.D. Const., Art. V, § 2.

Elections, secretary ex officio supervisor of elections, see N.D.C.C. § 16.1-01-01.

Emergency commission membership, see N.D.C.C. § 54-16-01.

Powers and duties to be prescribed by law, see N.D. Const., Art. V, § 2.

Registrar of contractors, secretary as, see N.D.C.C. § 43-07-01.

Service of process on corporations, see N.D.C.C. §§ 10-19.1-129, 10-19.1-145.

State canvassing board membership, see N.D.C.C. § 16.1-15-33.

State historical board, secretary ex officio member, see N.D.C.C. § 55-01-01.

54-09-02.1. Secretary of state — Certificates and certified copies to be received in evidence.

1. All certificates issued by the secretary of state and all copies of records filed in accordance with this chapter or any other chapter, when certified by the secretary of state, may be taken and received in all courts, public offices, and official bodies as evidence of the facts stated.
2. A certificate by the secretary of state under the great seal of this state, as to the existence or nonexistence of the facts relating to records filed by the secretary of state in accordance with this chapter or any other chapter which would not appear from a certified copy of any of the foregoing records or certificates, may be taken and received in all courts, public offices, and official bodies as evidence of the existence or nonexistence of the facts stated.
3. Any certificate or certified copy issued by the secretary of state under this section may be created and disseminated as an electronic record with the same force and effect as if produced in a paper form.

Source: S.L. 2011, ch. 393, § 3.

54-09-03. Secretary of state to mark books distributed. [Repealed]

Repealed by S.L. 1999, ch. 449, § 1.

54-09-04. Fees.

The secretary of state shall charge and collect the following fees:

1. For a copy of any law, resolution, record, or other document or paper on file in the secretary of state’s office, fifty cents per page.
2. Unless otherwise provided by law, for affixing the signature of the secretary of state, certificate, or seal, or combination thereof to any document, ten dollars.
3. For filing a certificate of appointment of attorney, five dollars.
4. For searching records and archives of the state, five dollars. For the purposes of this section, a search of records conducted by the secretary of state for which a fee must be collected includes the following:
   1. A search of a filed document that is active or archived, an archived index, or an index of business name changes to identify specific information to satisfy a request;
   2. A search of any record for which written verification of the facts of the search is required; and
   3. For every search of records when the request for the search is contained in a list compiled by the requester.
5. For filing any paper not otherwise provided for, ten dollars.
6. For filing any process, notice, or demand for service, the fee provided in section 10-01.1-03.
7. For preparing any listing or compilation of any information recorded or filed in the office of the secretary of state, forty dollars for each record type requested. Unless otherwise agreed to by the secretary of state, the information must be provided in an electronic format. If provided in a paper format, an additional fee of fifty cents per page may be charged.

The secretary of state may provide, at no charge, information from publications or reference materials published or maintained by the secretary of state and verbal confirmation of any element of information maintained in a computer database.

An individual required to file an oath of office with the secretary of state may not be charged for filing the oath of office, nor may a state or county officer be charged for filing any document with the secretary of state when acting in the officer’s official capacity. All fees when collected must be paid by the secretary of state into the state treasury at the end of each month and placed to the credit of the state. Unless otherwise provided by law, the secretary of state shall retain a handling charge from filing fees tendered when a document submitted to the secretary of state under any law is rejected and not perfected. The handling charge is five dollars or fifty percent of the filing fee, whichever is greater, but may not exceed one hundred dollars.

If, upon due presentment, any check, draft, money order, or other form of lawful payment provisionally accepted in payment of any filing fee authorized to be charged and collected by the secretary of state, is not honored or paid, or if no lawful form of payment accompanies the filing, any record of credit or payment must be canceled or reversed as though no credit had been given or payment attempted and the filing or action is void. The secretary of state may return to the last-known address of the filer any record or document that was attempted to be filed or may retain as unfiled the record or document for a reasonable time to permit proper payment and filing.

This section does not apply to fees submitted for filing in, or information obtained from, the computerized central notice system, to the computerized Uniform Commercial Code central filing database, or to the computerized statutory liens database.

Source: R.C. 1895, § 95; R.C. 1899, § 95; S.L. 1901, ch. 93, § 1; R.C. 1905, § 98; S.L. 1911, ch. 271, § 1; C.L. 1913, § 129; S.L. 1915, ch. 225, § 1; 1925 Supp., § 129; S.L. 1929, ch. 218, § 1; R.C. 1943, § 54-0904; S.L. 1957, ch. 336, § 1; 1957 Supp., § 54-0904; S.L. 1967, ch. 98, § 35; 1975, ch. 83, § 8; 1977, ch. 482, § 1; 1981, ch. 522, § 1; 1989, ch. 636, § 1; 1991, ch. 574, §§ 1, 2; 1993, ch. 75, § 19; 1997, ch. 442, § 2; 1999, ch. 450, § 1; 2001, ch. 392, § 4; 2003, ch. 464, § 1; 2007, ch. 99, § 83; 2009, ch. 462, § 4; 2011, ch. 393, § 4; 2013, ch. 402, § 3; 2017, ch. 2, § 6, effective July 1, 2017.

Effective Date.

The 2013 amendment of this section by section 3 of chapter 402, S.L. 2013 became effective July 1, 2013.

Cross-References.

Fees chargeable for contractors’ licenses, see N.D.C.C. § 43-07-07.

Fees chargeable for trade name registration, see N.D.C.C. § 47-25-04.

Fees chargeable for trademark registration, see N.D.C.C. § 47-22-03.

Fees chargeable to business corporations, see N.D.C.C. § 10-19.1-147.

Fees chargeable to cooperative associations, see N.D.C.C. § 10-15-54.

Fees chargeable to nonprofit corporations, see N.D.C.C. § 10-33-140.

54-09-04.1. Exception from fees.

A member of the legislative assembly or a state or county office may not be charged by the secretary of state for any search relative to matters appertaining to duties of office, any fee for a certified copy of any law or resolution passed by the legislative assembly relative to the individual’s official duties, or for filing any process, notice, or demand for service relative to the individual’s official duties.

Source: S.L. 2003, ch. 464, § 2.

54-09-05. Salary of secretary of state.

The annual salary of the secretary of state is one hundred twelve thousand two hundred forty-one dollars through June 30, 2022, and one hundred fourteen thousand four hundred eighty-six dollars thereafter.

Source: R.C. 1895, § 96; R.C. 1899, § 96; R.C. 1905, § 99; S.L. 1909, ch. 216, § 4; C.L. 1913, § 130; I.M. Nov. 8, 1932, § 1, S.L. 1933, p. 504; 1943, ch. 202, § 2; R.C. 1943, § 54-0905; S.L. 1951, ch. 305, § 5; 1957, ch. 335, § 4; 1957 Supp., § 54-0905; S.L. 1965, ch. 344, § 7; 1973, ch. 417, § 7; 1977, ch. 480, § 8; 1983, ch. 44, § 18; 1985, ch. 560, § 7; 1989, ch. 1, § 23; 1991, ch. 28, § 32; 1991, ch. 53, § 12; 1995, ch. 24, § 2; 1997, ch. 2, § 2; 1999, ch. 24, § 5; 2001, ch. 2, § 3; 2005, ch. 2, § 6; 2005, ch. 15, § 18; 2007, ch. 29, § 5; 2009, ch. 2, § 7; 2011, ch. 28, § 5; 2013, ch. 2, § 4; 2015, ch. 36, § 5, effective July 1, 2015; 2019, ch. 27, § 5, effective July 1, 2019; 2019, ch. 40, § 24, effective July 1, 2019; 2021, ch. 2, § 4, effective July 1, 2021; 2021, ch. 15, § 28, effective July 1, 2021.

Note.

Section 54-09-05 was amended 2 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 4 of Chapter 2, Session Laws 2021, House Bill 1002; and Section 28 of Chapter 15, Session Laws 2021, House Bill 1015.

Section 54-09-05 was amended 2 times by the 2019 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 24 of Chapter 40, Session Laws 2019, Senate Bill 2015; and Section 5 of Chapter 27, Session Laws 2019, Senate Bill 2002.

Effective Date.

The 2015 amendment of this section by section 5 of chapter 36, S.L. 2015 became effective July 1, 2015.

The 2013 amendment of this section by section 4 of chapter 2, S.L. 2013 became effective July 1, 2013.

54-09-06. Official bond. [Repealed]

Repealed by S.L. 1999, ch. 113, § 24.

54-09-07. Service of process on secretary of state if agent not found or if secretary of state appointed as agent for individual.

If an agent other than the secretary of state has been appointed for receipt of service, but the affidavit of a sheriff or of an adult who is not a party to a proceeding establishes that diligent inquiry has been made and that personal service cannot be accomplished upon any registered agent, officer, or superintending, managing, or general agent of an entity, then the secretary of state may be deemed the agent of the entity for receiving service of process. Service on the secretary of state must be made as provided in section 10-01.1-13. Except as otherwise provided by law, if the secretary of state is appointed as agent for service of process for any individual under any provision of this code, then service on the secretary of state and the responsibilities of the secretary of state with respect to the service shall be made or executed in the manner provided in section 10-01.1-13, to the extent practicable.

Source: S.L. 1991, ch. 574, § 3; 2003, ch. 464, § 3; 2007, ch. 99, § 84; 2011, ch. 393, § 5.

54-09-08. Secretary of state’s general services operating fund.

The secretary of state’s general services operating fund is a special fund in the state treasury. Moneys in the fund are to be used pursuant to legislative appropriations for the provision of services under section 16.1-02-15, subsection 4 of section 41-09-94, subsection 5 of section 41-09-96, subsection 7 of section 54-09-04, and sections 10-35-33, 54-09-10, and 54-09-11.

Source: S.L. 1999, ch. 24, § 4; 2001, ch. 361, § 32; 2003, ch. 172, § 6; 2005, ch. 2, § 7; 2007, ch. 102, § 2; 2009, ch. 462, § 5; 2013, ch. 257, § 32; § 1; 2019, ch. 27, § 6, effective July 1, 2019.

Effective Date.

The 2013 amendment of this section by section 32 of chapter 257, S.L. 2013 becomes effective August 1, 2016, or earlier (See contingency note below).

Note.

Ch. 372 amends chapter 257 of 2013 to provide a new effective date, August 1, 2016.

Section 50 of chapter 257, S.L. 2013 provides: “CONTINGENT EFFECTIVE DATE. Sections 1 through 27 and sections 29 through 47 of this Act become effective August 1, 2015, or earlier if the secretary of state makes a report to the legislative management and to the information technology committee certifying that the information technology components of the electronic filing system are ready for implementation of those provisions of this Act, in which case those sections become effective ninety days following the completion of the certificate requirement.”

54-09-09. Computerized central indexing system — Rules.

1. The secretary of state shall maintain a computerized central indexing system that contains the information filed pursuant to sections 35-13-02, 35-17-04, 35-20-16, 35-30-02, 35-31-02, 35-34-04, 35-34-06, 41-09-72, 57-38-49, 57-39.2-13, 57-40.2-16, 57-40.3-07.1, 57-43.1-17.4, 57-43.2-16.3, and 57-51-11. The system must allow access to financing statement information by equipment that conforms to requirements determined by the information technology department. The system must have safeguards to allow access to information that is in the system relating to security interests or liens and to prevent unauthorized alteration or deletion of that information and to allow access to other information in the system as prescribed by the secretary of state.
2. Within two working days of receipt of a financing statement, continuation statement, amendment, or termination statement filed electronically pursuant to chapter 41-09 or a statement filed electronically pursuant to section 35-13-02, 35-17-04, 35-20-16, 35-30-02, or 35-31-02, the information contained in the statement must be filed in the computerized central indexing system. A computer printout of information from the system is prima facie evidence of the existence or nonexistence of the filing of a financing statement or lien. The secretary of state shall provide an electronic means that can be used to perfect a security interest in farm products or gain protection under the central notice system, or both.
3. The secretary of state may adopt rules necessary to implement this section and sections 54-09-10 and 54-09-11.

Source: S.L. 2001, ch. 361, § 33; 2003, ch. 520, § 1; 2013, ch. 257, § 33; § 1.

Effective Date.

The 2013 amendment of this section by section 33 of chapter 257, S.L. 2013 becomes effective August 1, 2016, or earlier (See contingency note below).

Note.

Ch. 372 amends chapter 257 of 2013 to provide a new effective date, August 1, 2016.

Section 50 of chapter 257, S.L. 2013 provides: “CONTINGENT EFFECTIVE DATE. Sections 1 through 27 and sections 29 through 47 of this Act become effective August 1, 2015, or earlier if the secretary of state makes a report to the legislative management and to the information technology committee certifying that the information technology components of the electronic filing system are ready for implementation of those provisions of this Act, in which case those sections become effective ninety days following the completion of the certificate requirement.”

54-09-10. Secretary of state to compile lists for crops and livestock — Distribution of lists.

1. From the computerized central indexing system, the secretary of state or a designee shall produce electronically a list for crops and a list for livestock that each contain the information as filed pursuant to section 41-09-72. The secretary of state shall also include on the lists the information filed for crops and livestock pursuant to sections 35-17-04, 35-30-02, and 35-31-02. The lists must be in alphabetical order according to the last name of, or in numerical order according to the social security number of, the person engaged in farming operations. The lists may be prepared in categories according to county, regions as designated by the secretary of state, or on a statewide basis. If requested, the lists must be in printed form. Each list must conspicuously note the effective date of the list.
2. The secretary of state shall distribute by mail or deliver electronically the lists prepared pursuant to subsection 1. If requested, the secretary of state shall mail or deliver electronically the lists to any person making a request at a fee as provided in section 54-09-11.
3. Upon a verbal request of any person, the secretary of state or a designee of the secretary of state shall verbally provide information contained on a list generated through the computerized central indexing system if the collateral is crops or livestock. The requesting party may request electronically a certificate from the central indexing system to confirm the information given. Direct computer access is equivalent to oral confirmation, and a computer printout constitutes the written confirmation of the secretary of state, if use of this method of confirmation does not cause the central indexing system to lose federal certification. A computer printout from the computerized central indexing system constitutes the certificate of the secretary of state as to whether there is on file, on the date and hour stated on the computer printout, a financing statement.

Source: S.L. 2001, ch. 361, § 34; 2013, ch. 257, § 34; 2015, ch. 372, § 1.

Effective Date.

The 2013 amendment of this section by section 34 of chapter 257, S.L. 2013 becomes effective August 1, 2016, or earlier (See contingency note below).

Note.

Ch. 372 amends chapter 257 of 2013 to provide a new effective date, August 1, 2016.

Section 50 of chapter 257, S.L. 2013 provides: “CONTINGENT EFFECTIVE DATE. Sections 1 through 27 and sections 29 through 47 of this Act become effective August 1, 2015, or earlier if the secretary of state makes a report to the legislative management and to the information technology committee certifying that the information technology components of the electronic filing system are ready for implementation of those provisions of this Act, in which case those sections become effective ninety days following the completion of the certificate requirement.”

54-09-11. Fees.

1. The secretary of state shall establish fees for any programming charges specifically incurred to provide information requested by persons which is related to the central indexing system and for other services provided through the computerized system.
2. A fee may not be required for furnishing information on a verbal request pursuant to subsection 3 of section 54-09-10, and the fee for furnishing a certificate under subsection 3 of section 54-09-10 is fifteen dollars.
3. For preparing a listing or compilation of any information recorded or filed in the office of the secretary of state, the secretary of state may charge a fee of forty dollars for each record requested. The secretary of state shall provide the requested information in an electronic format, unless the secretary of state agrees to a request to provide the information in a different format. If the secretary of state provides the requested information in a paper format, the secretary of state may charge an additional fee of fifty cents per page.
4. Fees collected by the secretary of state under this section, under subsection 4 of section 41-09-94, and subsection 5 of section 41-09-96, and twenty dollars from each filing entered into the central indexing system must be deposited in the secretary of state’s general services operating fund. Fees collected by the secretary of state under this section may be used for the programming and maintenance of information technology systems administered by the secretary of state.

Source: S.L. 2001, ch. 361, § 35; 2013, ch. 257, § 35; 2015, ch., § 1; 2019, ch. 27, § 7, effective July 1, 2019.

Effective Date.

The 2013 amendment of this section by section 35 of chapter 257, S.L. 2013 becomes effective August 1, 2016, or earlier (See contingency note below).

Note.

Ch. 372 amends chapter 257 of 2013 to provide a new effective date, August 1, 2016.

Section 50 of chapter 257, S.L. 2013 provides: “CONTINGENT EFFECTIVE DATE. Sections 1 through 27 and sections 29 through 47 of this Act become effective August 1, 2015, or earlier if the secretary of state makes a report to the legislative management and to the information technology committee certifying that the information technology components of the electronic filing system are ready for implementation of those provisions of this Act, in which case those sections become effective ninety days following the completion of the certificate requirement.”

54-09-12. Confidential information in filed records.

1. A social security number or federal tax identification number disclosed or contained in any record filed with the secretary of state is confidential. However, a social security number or federal tax identification number may be released as authorized in this section or by other state or federal law.
2. The secretary of state shall delete or obscure a social security or federal tax identification number before a copy of any record is released to the public. The secretary of state, or an employee, agent, or contractor of the secretary of state’s office, may not be held civilly or criminally liable for the inadvertent disclosure of a social security or federal tax identification number if the filer has placed the number in an improper field on the form prescribed by the secretary of state or the filer submitted a filing other than on the form prescribed by the secretary of state.
3. The secretary of state or an employee, agent, or contractor of the secretary of state’s office may release a social security number or federal tax identification number to another public entity or the public entity’s agents, employees, or contractors if disclosure is necessary for the receiving public entity to perform the receiving public entity’s duties and responsibilities. The receiving public entity and the receiving public entity’s agents, employees, and contractors shall maintain the confidential status of the social security number or federal tax identification number.

Source: S.L. 2013, ch. 402, § 4; 2017, ch. 2, § 7, effective July 1, 2017.

Effective Date.

This section became effective July 1, 2013.

54-09-12.1. Criminal history record check.

The secretary of state may require any employee who has access to personally identifying information of residents or businesses of the state, or access to election systems that are critical infrastructure under section 44-04-24, to submit to a statewide and nationwide criminal history record check. The criminal history record check must be conducted as provided by section 12-60-24.

Source: S.L. 2021, ch. 164, § 113, effective August 1, 2021.

54-09-13. Role of secretary of state in filing signed documents and records.

Whenever any provision of law requires or permits a signed document or record to be filed with the secretary of state, the provision may not be construed to require the secretary of state to make any determination the signed document or record filed or to be filed has been properly signed or executed by or on behalf of the filer.

History. S.L. 2015, ch. 373, § 1, effective August 1, 2015.

Effective Date.

This section became effective August 1, 2015.

54-09-14. Filing signed documents and records with the secretary of state — Use of agent.

1. A person who signs a document submitted to the secretary of state without authority to sign that document or who signs the document knowing the document is false in any material respect is subject to the penalties of perjury or false statement set forth in chapter 12.1-11.
2. Any document submitted to the office of the secretary of state online may be signed by any person as agent of any person whose signature is required by law. The signing party must indicate on the application that the person is acting as the agent of the person whose signature would be required and that the person has been authorized to sign on behalf of the applicant. The name of the person signing, entered on the online application, constitutes a valid signature by such an agent.
3. Any document relating to a filing by a business entity or assumed name submitted to the office of the secretary of state on paper may be signed by any person as agent of any person whose signature is required by law. The signing party must indicate on the document that the signing party is acting as the agent of the person whose signature would be required and that the signing party has been authorized to sign on behalf of that person.

History. S.L. 2015, ch. 373, § 2, effective August 1, 2015.

Effective Date.

This section became effective March 25, 2015, pursuant to an emergency clause in section 2 of chapter 376, S.L. 2015.

54-10-01. Powers and duties of state auditor.

1. The state auditor shall:
   1. Be vested with the duties, powers, and responsibilities involved in performing the postaudit of all financial transactions of state government, detecting and reporting any defaults, and determining that expenditures have been made in accordance with law and appropriation acts.
   2. Perform or provide for the audit of the general purpose financial statements and a review of the material included in the comprehensive annual financial report of the state in accordance with government auditing standards.
   3. Perform or provide for audits of state agencies in accordance with government auditing standards and legislative audit and fiscal review committee guidelines developed under section 54-35-02.10. Except for the annual audit of the North Dakota lottery required by section 53-12.1-03, the state auditor shall audit each state agency once every two years. Audits may be conducted at more frequent intervals if requested by the governor or the legislative audit and fiscal review committee. The state auditor shall charge an amount equal to the cost of the audit and other services rendered by the state auditor to all agencies that receive and expend moneys from other than the general fund. This charge may be reduced for an agency that receives and expends both general fund and nongeneral fund moneys. State agencies shall use nongeneral fund moneys to pay for the cost of the audit. If nongeneral fund moneys are not available, the agency may, upon approval of the legislative assembly, or the budget section if the legislative assembly is not in session, use general fund moneys to pay for the audit. Any budget section action under this subdivision must comply with section 54-35-02.9.
   4. Perform or provide for performance audits of state agencies, or the agencies’ blended component units or discreetly presented component units, as determined necessary by the legislative assembly, or the legislative audit and fiscal review committee if the legislative assembly is not in session. When determining the necessity of a performance audit, the legislative audit and fiscal review committee shall consider:
      1. The potential cost-savings or efficiencies that may be gained as a result of the performance audit;
      2. The staff resources of the state auditor’s office and of the state agency being audited which will be required to conduct the audit;
      3. The potential for discovery of noncompliance with state law or legislative intent regarding the program or agency; and
      4. The potential for the performance audit to identify opportunities for program improvements.
   5. Report on the functions of the state auditor’s office to the governor and the secretary of state in accordance with section 54-06-04 or more often as circumstances may require.
   6. Perform work on mineral royalties for the federal government in accordance with section 1735(a) of the Mineral Lands and Mining Act [30 U.S.C. 1735 et seq.].
   7. Perform all other duties as prescribed by law.
2. The state auditor may:
   1. Conduct any work required by the federal government.
   2. Within the resources available to the state auditor, perform or provide for performance audits of state agencies as determined necessary by the state auditor.
   3. Audit the International Peace Garden at the request of the board of directors of the International Peace Garden.
   4. Contract with a private certified public accountant or other qualified professional to conduct or assist with an audit, review, or other work the state auditor is authorized to perform or provide for under this section. Before entering any contract, the state auditor shall present information to the legislative audit and fiscal review committee on the need for the contract and its estimated cost and duration. Except for performance audits conducted under subdivision d of subsection 1 or subdivision b of this subsection and except for audits of occupational or professional boards, the state auditor shall execute the contract and any executive branch agency, including higher education institutions, shall pay the fees of the contractor. For performance audits conducted under subdivision d of subsection 1 or subdivision b of this subsection, the state auditor may charge a state agency for the cost of a contract relating to an audit, subject to approval by the legislative assembly or the legislative audit and fiscal review committee if the legislative assembly is not in session. When considering a request, the legislative audit and fiscal review committee shall consider the effect of the audit cost on the agency being audited, the necessity of the contract, and the potential benefit to the state resulting from the contract. The state auditor shall notify the affected agency of the potential cost before requesting approval from the legislative assembly or the legislative audit and fiscal review committee.

Source: S.L. 1890, ch. 183, §§ 1, 10, 12; R.C. 1895, §§ 98, 322, 330, 332; R.C. 1899, §§ 98, 322, 330, 332; S.L. 1901, ch. 211, § 1; R.C. 1905, §§ 101, 382, 384, 2379; C.L. 1913, §§ 132, 642, 644, 3252; S.L. 1931, ch. 261, § 1; R.C. 1943, § 54-1001; S.L. 1959, ch. 372, § 68; 1963, ch. 346, § 56; 1969, ch. 434, § 1; 1971, ch. 493, § 1; 1973, ch. 418, § 1; 1975, ch. 466, § 47; 1975, ch. 470, § 2; 1975, ch. 471, § 1; 1985, ch. 561, § 1; 1985, ch. 562, § 1; 1987, ch. 623, § 1; 1989, ch. 637, § 1; 1991, ch. 575, § 1; 1995, ch. 350, § 44; 1997, ch. 443, § 1; 1999, ch. 451, § 1; 2001, ch. 478, § 1; 2003, ch. 25, § 3; 2003, ch. 454, § 4; 2005, ch. 470, § 5; 2015, 38, § 3, effective July 1, 2015; 2019, ch. 29, § 3, effective July 1, 2019; 2019, ch. 432, § 1, effective August 1, 2019; 2021, ch. 395, § 2, effective July 1, 2021.

Note.

Section 54-10-01 was amended 2 times by the 2019 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 1 of Chapter 99, Session Laws 2019, House Bill 1077; and Section 3 of Chapter 28, Session Laws 2019, Senate Bill 2004.

Effective Date.

The 2015 amendment of this section by section 3 of chapter 38, S.L. 2015 became effective July 1, 2015.

Cross-References.

Certification of bonded indebtedness, see N.D. Const., Art. X, § 17.

Election and duties, see N.D. Const., Art. V, § 2.

Term of office, see N.D. Const., Art. V, § 5.

54-10-01.1. State auditor to audit emergency commission action.

The state auditor’s office, in the course of its audits of state agencies, departments, and institutions, shall review the expenditure of funds transferred or made available by the emergency commission to such state agencies, departments, and institutions, and shall have incorporated in the financial statements of such governmental units expenditures arising from emergency commission action.

Source: S.L. 1977, ch. 483, § 1.

Cross-References.

Emergency commission, see N.D.C.C. ch. 54-16.

54-10-02. Auditor to have access to all state offices.

Except for active investigatory work product of the attorney general as defined in section 44-04-19.1, the state auditor shall have access to all state offices during business hours for the purpose of inspecting books, papers, accounts, and records therein as may concern the state auditor’s duties. Except for active investigatory work product of the attorney general as defined in section 44-04-19.1 and tax records as described in section 54-10-24, access includes inspection of any books, papers, accounts, or records that the state auditor may deem relevant to an ongoing audit of any other state agency or computer system audit.

Source: R.C. 1895, § 98, subs. 17; R.C. 1899, § 98, subs. 17; S.L. 1901, ch. 211, § 1; R.C. 1905, § 101, subs. 17; C.L. 1913, § 132, subs. 17; S.L. 1931, ch. 261, § 1, subs. 17; R.C. 1943, § 54-1002; S.L. 1959, ch. 372, § 69; 2005, ch. 477, § 1.

54-10-03. Official bond. [Repealed]

Repealed by S.L. 1999, ch. 113, § 24.

54-10-04. Legislative assembly to provide for audit of state auditor’s office.

The legislative assembly shall provide for the employment by contract of a public accountant or accountants to conduct a postaudit of the office of the state auditor. A copy of such audit report must be filed with the governor and with each house of the legislative assembly.

Source: R.C. 1895, § 99; R.C. 1899, § 99; R.C. 1905, § 102; C.L. 1913, § 133; R.C. 1943, § 54-1004; S.L. 1959, ch. 372, § 71.

54-10-05. Auditor to set up account against person who fails to render account. [Repealed]

Repealed by S.L. 1959, ch. 372, § 117.

54-10-06. Auditor may procure books and blanks. [Repealed]

Repealed by S.L. 1959, ch. 372, § 117.

54-10-07. Auditor to have access to all state offices. [Repealed]

Repealed by S.L. 1959, ch. 372, § 117.

54-10-08. Legislative inspection of books of state auditor. [Repealed]

Repealed by S.L. 1959, ch. 372, § 117.

54-10-09. Transmit forms and instructions to county auditors. [Repealed]

Repealed by S.L. 1959, ch. 372, § 117.

54-10-10. Salary of state auditor.

The annual salary of the state auditor is one hundred twelve thousand two hundred forty-one dollars through June 30, 2022, and one hundred fourteen thousand four hundred eighty-six dollars thereafter.

Source: R.C. 1895, § 106; R.C. 1899, § 106; R.C. 1905, § 109; S.L. 1909, ch. 216, § 4; C.L. 1913, § 140; I.M. Nov. 8, 1932, § 1, S.L. 1933, p. 504; 1943, ch. 202, § 2; R.C. 1943, § 54-1010; S.L. 1951, ch. 305, § 6; 1957, ch. 335, § 5; 1957 Supp., § 54-1010; S.L. 1965, ch. 344, § 8; 1973, ch. 417, § 8; 1977, ch. 480, § 9; 1983, ch. 44, § 19; 1985, ch. 560, § 8; 1989, ch. 1, § 24; 1991, ch. 28, § 33; 1991, ch. 53, § 13; 1995, ch. 26, § 4; 1997, ch. 4, § 4; 1999, ch. 26, § 5; 2001, ch. 4, § 3; 2005, ch. 4, § 5; 2005, ch. 15, § 19; 2007, ch. 31, § 4; 2009, ch. 4, § 3; 2011, ch. 30, § 4; 2013, ch. 4, § 3; 2015, 38, § 4, effective July 1, 2015; 2019, ch. 29, § 4, effective July 1, 2019; 2021, ch. 4, § 3, effective July 1, 2021.

Effective Date.

The 2015 amendment of this section by section 4 of chapter 38, S.L. 2015 became effective July 1, 2015.

The 2013 amendment of this section by section 3 of chapter 4, S.L. 2013 became effective July 1, 2013.

54-10-11. Official bond. [Repealed]

Repealed by S.L. 1959, ch. 372, § 117.

54-10-12. Department of transportation property. [Repealed]

Repealed by S.L. 2001, ch. 122, § 11.

54-10-13. Political subdivisions — Audits — State auditor powers.

The state auditor shall perform audits of political subdivisions pursuant to section 54-10-14 unless otherwise requested by the governing board, ordered by the governor or the legislative audit and fiscal review committee, or on petition pursuant to section 54-10-15, or at the discretion of the state auditor for alleged improprieties.

Source: S.L. 1967, ch. 376, § 4; 1971, ch. 493, § 2; 1975, ch. 470, § 3; 1977, ch. 484, § 1; 1987, ch. 623, § 2; 1997, ch. 444, § 1.

54-10-14. Political subdivisions — Audits — Fees — Alternative audits and reports.

1. The state auditor shall audit the following political subdivisions once every two years, except as provided in this section or otherwise by law:
   1. Counties.
   2. Cities, and when a city is audited, to include any political subdivision that was created by the city and has bonding authority.
   3. Park districts.
   4. School districts.
   5. Firefighters relief associations.
   6. Airport authorities.
   7. Public libraries.
   8. Water resource districts.
   9. Garrison Diversion Conservancy District.
   10. Rural fire protection districts.
   11. Special education districts.
   12. Area career and technology centers.
   13. Correction centers.
   14. Recreation service districts.
   15. Weed boards.
   16. Irrigation districts.
   17. Rural ambulance service districts.
   18. Southwest water authority.
   19. Regional planning councils.
   20. Soil conservation districts.
   21. Western area water supply authority industrial water sales on an annual basis.
2. The state auditor shall charge the political subdivision an amount equal to the fair value of the audit and any other services rendered. The fees must be deposited in the state auditor operating account. The state treasurer shall credit the state auditor operating account with the amount of interest earnings attributable to the deposits in that account. Expenses relating to political subdivision audits must be paid from the state auditor operating account, within the limits of legislative appropriation.
3. In lieu of conducting an audit every two years, the state auditor may require annual reports from political subdivisions subject to this section, or otherwise provided by law, with less than seven hundred fifty thousand dollars of annual receipts, excluding any federal funds passed through the political subdivision to another entity. If any federal agency performs or requires an audit of a political subdivision that receives federal funds to pass through to another entity, the political subdivision shall provide a copy to the state auditor upon request by the state auditor. The reports must contain the financial information required by the state auditor. The state auditor also may make any additional examination or audit determined necessary in addition to the annual report. When a report is not filed, the state auditor may charge the political subdivision an amount equal to the fair value of the additional examination or audit and any other services rendered. The state auditor may charge a political subdivision a fee not to exceed eighty-six dollars an hour for the costs of reviewing the annual report.
4. A political subdivision, at the option of its governing body, may be audited by a certified public accountant or licensed public accountant rather than by the state auditor. The public accountant shall comply with generally accepted government auditing standards for audits of political subdivisions. The report must be in the form and content required by the state auditor. The number of copies of the audit report requested by the state auditor must be filed with the state auditor when the public accountant delivers the audit report to the political subdivision. The state auditor shall review the audit report to determine if the report is in the required form and has the required content, and if the audit meets generally accepted government auditing standards. The state auditor also may periodically review the public accountant’s workpapers to determine if the audit meets generally accepted government auditing standards. If the report is in the required form and has the required content, and the report and workpapers comply with generally accepted government auditing standards, the state auditor shall accept the audit report. The state auditor may charge the political subdivision a fee of up to eighty-six dollars an hour, but not to exceed seven hundred fifty dollars per review, for the related costs of reviewing the audit report and workpapers.
5. A political subdivision may not pay a public accountant for an audit until the state auditor has accepted the audit. However, a political subdivision may make progress payments to the public accountant. A political subdivision shall retain twenty percent of any progress payment until the audit report is accepted by the state auditor.
6. The state auditor may require the correction of any irregularities, objectionable accounting procedures, or illegal actions on the part of the governing board, officers, or employees of the political subdivision disclosed by the audit report or workpapers, and failure to make the corrections must result in audits being resumed by the state auditor until the irregularities, objectionable accounting procedures, or illegal actions are corrected.

Source: S.L. 1967, ch. 376, § 5; 1971, ch. 493, § 3; 1973, ch. 419, § 1; 1975, ch. 470, § 4; 1977, ch. 484, § 2; 1983, ch. 554, § 1; 1985, ch. 235, § 94; 1985, ch. 561, § 2; 1987, ch. 623, § 3; 1989, ch. 639, § 1; 1991, ch. 576, § 1; 1991, ch. 577, § 1; 1993, ch. 62, § 16; 1993, ch. 514, § 1; 1997, ch. 444, § 2; 1999, ch. 106, § 14; 2001, ch. 479, § 1; 2003, ch. 138, § 94; 2005, ch. 478, § 1; 2005, ch. 479, § 1; 2009, ch. 463, § 1; 2009, ch. 464, § 1; 2011, ch. 394, § 1; 2011, ch. 41, § 27; 2013, ch. 490, § 2; 2013, ch. 403, § 1; 2015, 374, § 1, effective August 1, 2015; 2021, ch. 4, § 4, effective July 1, 2021.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 374, S.L. 2015 became effective August 1, 2015.

The 2013 amendment of this section by section 1 of chapter 403, S.L. 2013 became effective August 1, 2013.

The 2013 amendment of this section by section 2 of chapter 490, S.L. 2013 became effective July 1, 2013.

54-10-15. Audits of political subdivisions by order of governor or the legislative audit and fiscal review committee, upon petition, or upon request of the state court administrator.

1. The state auditor, by duly appointed deputy auditors or other authorized agents, shall audit or review the books, records, and financial accounts of any political subdivision when ordered by the governor or the legislative audit and fiscal review committee, requested by the governing board, or upon petition of at least thirty-five percent of the qualified electors of any political subdivision enumerated in section 54-10-14 voting for the office of governor at the preceding general election or, in the case of school districts, upon petition of at least thirty-five percent of the qualified electors voting at the preceding school board election, or upon the request of the state court administrator with respect to clerk of district court services provided by a county in accordance with chapter 27-05.2. Fees for the audits must be paid in accordance with the provisions of section 54-10-14.
2. If an audit is ordered due to financial irregularities or allegations of embezzlement, the governor may suspend an elected or appointed school board member from the individual’s duties if the governor determines suspension is in the best interest of the state pending the results of the audit. If the governor suspends an elected or appointed school board member, the governor immediately shall provide notice to the school board with which the suspended member serves. Within five days of receiving notice, the school board shall appoint an individual to replace the suspended member to serve during the pendency of the audit. The governor shall consult with the superintendent of public instruction in determining whether suspension of a member of a school board is in the best interest of the state.

Source: S.L. 1967, ch. 376, § 6; 1975, ch. 144, § 22; 1985, ch. 235, § 95; 1989, ch. 639, § 2; 1997, ch. 444, § 3; 2009, ch. 465, § 1; 2019, ch. 156, § 2, effective April 11, 2019.

54-10-16. Audit in case of irregularity or embezzlement.

It is not the duty of the state auditor or the state auditor’s staff to make audits of any political subdivisions, funds, commissions, associations, and bureaus, for the reason of severance from the service of such political subdivisions, funds, commissions, associations, and bureaus of any officer, clerk, deputy, cashier, or other employee unless the head of such state office or department, or the board administering any other of the agencies named herein shall request such audit in writing, and state that there is reason to believe that there is irregularity in handling funds or embezzlement involved.

Source: S.L. 1967, ch. 376, § 7.

54-10-17. Audit of counties. [Repealed]

Repealed by S.L. 2005, ch. 480, § 1.

54-10-18. Supervision of records and fiscal affairs of counties. [Repealed]

Repealed by S.L. 2009, ch. 463, § 3.

54-10-19. Supervision of public institutions and private institutions with which state has dealings.

The state auditor may examine the books and accounts of all private institutions with which the state has any dealings so far only as the same relate to such dealings. If any public officer having control of any such office or institutions fails or refuses to comply with the directions of the state auditor, the auditor shall report the facts to the governor and to the manager of the state bonding fund, and such refusal constitutes grounds for removal from office and cancellation of the bond of such officer.

Source: S.L. 1967, ch. 376, § 10; 1999, ch. 106, § 15; 2009, ch. 463, § 2.

54-10-20. Special state auditor. [Repealed]

Source: S.L. 1967, ch. 376, § 11; repealed by 2021, ch. 396, § 1, effective August 1, 2021.

54-10-21. Duty of state auditor on failures by officers.

The state auditor may report to the attorney general the refusal or neglect of any state officer to obey the state auditor’s recommendations. After investigation, the attorney general may take appropriate action to enforce compliance therewith.

Source: S.L. 1967, ch. 376, § 12; 2003, ch. 465, § 1.

54-10-22. Public officers to aid state auditor — Auditor’s authority on investigation.

The officers and employees of all departments, institutions, boards, commissions, and political subdivisions, subject to examination by the state auditor, shall afford all reasonable facilities for the investigation provided for in this title and shall make returns and exhibits to the auditor under oath in such form and in such manner as the auditor may prescribe. The auditor shall have full power and authority to audit any books, papers, accounts, bills, vouchers, and other documents or property of any and all departments, boards, commissions, political subdivisions, and financial institutions subject to the auditor’s audit. The auditor shall have authority to audit under oath any or all trustees, managers, officers, employees, or agents of any such departments, boards, commissions, or political subdivisions. When necessary, the auditor shall employ stenographers or clerical help, the expense incurred to be collected by the auditor from the respective department, institution, board, commission, or political subdivision.

Source: S.L. 1967, ch. 376, § 13; 1987, ch. 262, § 2.

54-10-22.1. State auditor’s access to information relating to operations of governmental entities subject to audit.

Notwithstanding any other specific sections of law, the state auditor and persons employed by the state auditor, when necessary in conducting an audit, shall have access to all information relating to operations of all governmental units or component units subject to audit except active investigatory work product of the attorney general as defined in section 44-04-19.1 and financial records and estate planning records a donor provides to a nonprofit organization affiliated with an institution under the control of the state board of higher education which provides support to and is organized and operated for the benefit of the institution. Except for active investigatory work product of the attorney general as defined in section 44-04-19.1 , tax records as described in section 54-10-24, and all facts and information obtained or created by the department of financial institutions under subsection 1 of section 6-01-07.1, the state auditor may inspect any state agency’s books, papers, accounts, or records that may be relevant to an ongoing audit of any other state agency or computer system audit. The state auditor and persons employed by the state auditor examining any information, which is confidential by law, shall guard the secrecy of such information except when otherwise directed by judicial order or as is otherwise provided by law.

Source: S.L. 1977, ch. 485, § 1; 2005, ch. 477, § 2; 2017, ch. 28, § 10, effective July 1, 2017; 2021, ch. 78, § 2, effective August 1, 2021.

Cross-References.

Penalty for unauthorized disclosure of confidential information, see N.D.C.C. §§ 12.1-13-01, 54-10-25.

54-10-23. Obstructing or misleading auditor — Penalty.

Every person who, when required to do so, shall refuse or neglect to make any return or exhibit, or to make or give any information required by the auditor, or who willfully shall obstruct or mislead the auditor in the execution of the auditor’s duties, or who in any manner shall hinder a thorough examination by the auditor, is guilty of a class C felony.

Source: S.L. 1967, ch. 376, § 14; 1975, ch. 106, § 579.

54-10-24. The state auditor shall have access to tax returns and other records filed with the tax commissioner.

The state auditor and persons employed by the state auditor, when necessary in conducting an audit and examination of the books and records of the tax commissioner as authorized by law, may examine any return, report, or other information filed with the tax commissioner, and confirm the authenticity of such return, report, or other information with the taxpayer who filed it.

The audit report of the state auditor may not identify any return, report, or other document examined whose secrecy is guarded by law and which is examined pursuant to this chapter by the state auditor or the auditor’s representatives, but the state auditor or the auditor’s representatives shall make a listing of each return, report, or other document examined whose secrecy is guarded by law, which listing must include the name and address of the taxpayer or other person who filed the return, report, or other document or to whom it relates, and the tax department file identification number for it; such listing must also identify all summaries and schedules examined which are compiled and kept by the tax commissioner and which identify taxpayers and taxpayer information to which the secrecy requirements apply; the listing must also show the name or names of the individuals representing the state auditor who examined each such return, report, summary, schedule, or other document. A copy of the listing must be filed by the state auditor with the tax commissioner. Such listing and all copies thereof are subject to the same secrecy or confidentiality requirements that apply to the information described in the listing.

Source: S.L. 1969, ch. 435, § 1; 1977, ch. 486, § 1.

54-10-25. Divulging of certain secret information prohibited.

1. The state auditor and the auditor’s employees, including any person employed by the auditor to perform the examination of any return, report, or other information filed and in the possession of the tax commissioner which is made confidential by law, may not divulge the contents of any return, report, or other information examined or any listing made therefrom by the state auditor or the auditor’s employees except when otherwise directed by judicial order, or as is otherwise provided by law.
2. The state auditor, the auditor’s employees, or an agent of the auditor may not divulge any information relating to a matter forwarded to the attorney general or a state’s attorney for further investigation until the attorney general or state’s attorney has made a determination as to whether there is probable cause to believe a violation of law has occurred.

Source: S.L. 1969, ch. 435, § 2; 1975, ch. 106, § 580; 1977, ch. 486, § 2; 2021, ch. 397, § 2, effective August 1, 2021.

54-10-25.1. Reporting noncompliance — Confidentiality.

Information that reasonably may be used to identify an individual who reported suspected or potential violations of law or other irregularities to the state auditor is a confidential record under section 44-04-17.1.

Source: S.L. 2021, ch. 395, § 3, effective July 1, 2021.

54-10-26. State auditor’s working papers.

1. Except as provided in this section, working papers of the state auditor are not public records and are exempt from section 44-04-18. Working papers include records kept by the auditor of the procedures applied, the tests performed, the information obtained, draft audit reports, and the pertinent conclusions reached in the engagement. Working papers may be, at the discretion of the state auditor and unless otherwise prohibited by law, made available for inspection.
2. Except as provided in subsection 3, a draft audit report released to the governing body or management of the audited entity is confidential until the final audit report is issued or work ceases on the audit at which time the audit report becomes an open record.
3. Except as provided in this subsection, a draft audit report for an audit completed in accordance with performance auditing standards contained in government auditing standards issued by the comptroller general of the United States to provide an independent assessment of the performance and management of a program released to the governing body or management of the audited entity is confidential until the final version of the audit report is an open record. After the auditor receives the audited entity’s response to the draft report, the auditor shall complete the audit report, which is then deemed a preliminary audit report. The auditor shall provide the preliminary audit report and the audited entity’s response to the legislative audit and fiscal review committee for a seven-day review period, except the auditor may not provide any information that is confidential under subsection 2 of section 54-10-25. During the review period, the preliminary audit report and the response may not be provided to any other person except by the legislative audit and fiscal review committee as necessary to perform the committee’s duties as described in section 54-35-02.2. At the end of the review period, the preliminary audit report is deemed a final audit report, and the final audit report and the audited entity’s response are open records. Reports for audits performed under subdivision f of subsection 1 of section 54-10-01 or subdivision a of subsection 2 of section 54-10-01 are not subject to this subsection.
4. The respective working papers of an issued audit report or an audit report presented to the legislative audit and fiscal review committee are open records unless the state auditor declares all or a portion of the working papers confidential. The declaration of confidentiality must state the reason for the confidentiality and the date, as can best be reasonably determined at the time, when the working papers will be made public.

Source: S.L. 1987, ch. 624, § 1; 2003, ch. 466, § 1; 2021, ch. 395, § 4, effective July 1, 2021.

54-10-27. Occupational and professional boards — Audits and reports.

The governing board of any occupational or professional board shall provide for an audit once every two years by a certified public accountant or licensed public accountant. The accountant conducting the audit shall submit the audit report to the state auditor’s office. If the report is in the form and style prescribed by the state auditor, the state auditor may not audit that board. An occupational or professional board may request the state auditor to conduct its audit, and if the state auditor agrees to conduct the audit, the state auditor shall deposit the fees charged to the occupational or professional board into the state auditor operating account. Instead of providing for an audit every two years, an occupational or professional board that has less than two hundred thousand dollars of annual receipts may submit an annual report to the state auditor. The report must contain the information required by the state auditor. The state auditor also may make any additional examination or audit determined necessary in addition to the annual report. When a report is not filed, the state auditor may charge the occupational or professional board an amount equal to the fair value of the additional examination or audit and any other services rendered. The state auditor may charge an occupational or professional board a fee not to exceed eighty-six dollars an hour for the costs of reviewing the annual report.

Source: S.L. 2001, ch. 478, § 2; 2013, ch. 404, § 1; 2017, ch. 396, § 1, effective August 1, 2017; 2021, ch. 4, § 5, effective July 1, 2021.

Effective Date.

The 2013 amendment of this section by section 1 of chapter 404, S.L. 2013 became effective August 1, 2013.

54-10-28. Information technology responsibilities.

The state auditor may:

1. Conduct information technology compliance reviews, as determined necessary by the information technology committee, by conducting individual agency audits of information technology management, information technology planning, compliance with information technology plans, and compliance with information technology standards and policies and conducting statewide agency audits of compliance with specific information technology standards and policies.
2. Consult with the information technology department on audits of compliance with information technology plans and compliance with information technology standards and policies.
3. Participate in the information technology department’s enterprise architecture process for developing information technology standards and policies.
4. Monitor major information technology projects for compliance with project management and information technology standards and policies.
5. Present results of information technology compliance reviews to the information technology committee and the state information technology advisory committee.

Source: S.L. 2003 Sp., ch. 665, § 14; 2005, ch. 481, § 1; 2007, ch. 457, § 1.

54-10-29. Audits of computer systems — Penalty.

1. The state auditor may:
   1. Pursuant to the powers and duties outlined in this chapter, conduct a review and assessment of computer systems and related security systems. Computer systems subject to this section include the computer systems of a state agency or political subdivision that is subject to audit by the state auditor. Tests conducted in connection with this review and assessment may include an assessment of system vulnerability, network penetration, potential security breach, and susceptibility to cyber attack or cyber fraud.
   2. Disclose any findings to the chief information officer of the state or to any state official or legislative committee. Working papers and preliminary drafts of reports created in connection with the review of computer systems and the security of the systems are exempt from section 44-04-18. Those parts of findings and working papers that identify the methods of the state auditor or that may cause or perpetuate vulnerability of the computer system reviewed are exempt from section 44-04-18 and protected from disclosure until the state auditor directs otherwise.
   3. Procure the services of a specialist in information security systems or other contractors deemed necessary in conducting a review under this section. The procurement of these services is exempt from the requirements of chapter 54-44.4.
2. An outside contractor hired to provide services in the review of the security of a computer system is subject to the confidentiality provisions of this section and section 44-04-27. Any individual who knowingly discloses confidential information is subject to the provisions of section 12.1-13-01.
3. The state auditor shall notify the executive officer of any state agency of the date, time, and location of any test conducted in connection with a review and assessment of computer systems or related security systems. The executive officer or the officer’s designee may attend and observe any test during which confidential information may be accessed or controlled.
4. The state auditor shall notify the attorney general of the date, time, and location of any test conducted in connection with a review and assessment of computer systems or related security systems. The attorney general may designate an individual to participate in the test. The designee of the attorney general may order the test to be terminated if the individual believes a sensitive system is being breached, a sensitive system may be breached, or sensitive information may be revealed.
5. Notwithstanding any provision in chapter 32-12.2 to the contrary, if the attorney general and the director of the office of management and budget determine it is in the best interest of the state, the state auditor may agree to limit the liability of a contractor performing a review and assessment under this section. The liability limitation must be approved by the attorney general and director of the office of management and budget in writing. For any uninsured losses, the director of the office of management and budget may approve the risk management fund to assume all or part of the contractor’s liability to the state in excess of the limitation.
6. A state agency receiving federal tax information under section 6103 of the Internal Revenue Code, as amended [26 U.S.C. 6103], in conjunction with the state auditor, may enter a contract with the vendor selected by the state auditor under subdivision c of subsection 1 to conduct a review and assessment of the state agency’s computer systems and related security systems, including an assessment of system vulnerability, network penetration, potential security breach, and susceptibility to cyber attack or cyber fraud.

Source: S.L. 2005, ch. 482, § 1; 2007, ch. 458, § 1.

54-10-30. State board of higher education audits — Higher education audit division.

1. The state auditor shall establish a higher education audit division and employ a division audit manager to perform all audit related functions of the state board of higher education, including the examination and evaluation of the adequacy and effectiveness of the board’s governance, risk management, internal controls, performance of constitutionally and statutorily required duties, and other areas as determined by the state auditor. The audit manager shall conduct audits, as determined appropriate by the state auditor, of each institution under the supervision and control of the state board of higher education. The audit manager may consult with the state board of higher education, or a committee designated by the board, regarding audit plans, results of audit activities, and any other appropriate issue. The state auditor shall determine the audit scope and related audit areas of any audit conducted by the audit manager. This section does not require the state auditor to perform any duties that would compromise the auditor’s independence under government auditing standards.
2. The audit manager may access and examine any record under the control of the state board of higher education. For purposes of reviewing records under the Family Educational Rights and Privacy Act [20 U.S.C. 1232g; 34 CFR 99] or any other federal privacy law, the audit manager must be considered a state educational official authorized to access student records for audit purposes.
3. The state auditor may hire employees necessary to carry out the duties and responsibilities of this section. The state auditor may hire consultants to assist with any duties required under this section subject to approval by the legislative audit and fiscal review committee. The state board of higher education shall pay for the cost of any consultant approved under this section.
4. This section does not prohibit the state board of higher education from employing internal audit staff or contracting for internal audit services.

History. S.L. 2015, ch. 38, § 5, effective July 1, 2015; 2015, ch. 3, § 19, effective July 1, 2015.

Effective Date.

The 2015 amendment of this section by section 19 of chapter 3, S.L. 2015 became effective July 1, 2015.

This section became effective July 1, July 1, 2015

Note.

Section 54-10-30 was enacted and amended by the 2015 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 19 of Chapter 3, Session Laws 2015, Bill 1003; and Section 5 of Chapter 30, Session Laws 2015, Senate Bill 2004.

54-11-01. Duties and powers of state treasurer.

The state treasurer:

1. Shall receive and safely keep all public moneys which must be deposited into the state treasury and pay out the same as directed by law.
2. Shall collect a record for each deposit of money into the treasury. The record must show the amount, the source from which the money accrued, and the funds into which it is paid. The records must be numbered in order.
3. Shall pay warrants drawn by the office of management and budget and signed by the state auditor and state treasurer out of the funds upon which they are drawn and in the order in which they are presented.
4. Shall keep an account of all moneys received and disbursed.
5. Shall keep separate accounts of the different funds.
6. Shall keep a record of all revenues and expenditures of state agencies and all moneys received and disbursed by the treasurer in accordance with the requirements of the state’s central accounting system.
7. Shall receive in payment of public dues the warrants drawn by the office of management and budget and signed by the state auditor and state treasurer in conformity with law.
8. Shall redeem warrants drawn by the office of management and budget and signed by the state auditor and state treasurer in conformity with law, if there is money in the treasury appropriated for that purpose.
9. Shall maintain a report of the payment of warrants during the month. The report must show:
   1. The date and number of each warrant;
   2. The fund out of which each was paid; and
   3. The balance in cash on hand in the treasury to the credit of each fund.
10. Within ninety days of the beginning of each fiscal year, shall provide a report to the budget section of the legislative assembly of all warrants and checks outstanding for more than ninety days and less than three years.
11. At the request of either house of the legislative assembly, or of any committee thereof, shall give information in writing as to the condition of the treasury, or upon any subject relating to the duties of office.
12. Shall submit a biennial report to the governor and the secretary of state in accordance with section 54-06-04. In addition to any requirements established pursuant to section 54-06-04, the report must show the exact balance in the treasury to the credit of the state. The report also must show in detail the receipts and disbursements, together with a summary thereof, the balances in the various funds at the beginning and ending of the biennium, and also must show where the funds of the state are deposited. It must be certified by the state treasurer and approved by the governor.
13. Shall authenticate with the official state seal all writings and papers issued from the treasurer’s office.
14. Shall keep and disburse all moneys belonging to the state in the manner provided by law.
15. Shall keep books of the state treasurer open at all times for the inspection of the governor, the state auditor, the commissioner of financial institutions, the office of management and budget, and any committee appointed to examine them by either house of the legislative assembly.
16. Unless otherwise specified by law, shall credit all income earned on the deposit or investment of all state moneys to the state’s general fund. This subsection does not apply to:
    1. Income earned on state moneys that are deposited or invested to the credit of the industrial commission or any agency, utility, industry, enterprise, or business project operated, managed, controlled, or governed by the industrial commission.
    2. Income earned by the Bank of North Dakota for its own account on state moneys that are deposited in or invested with the Bank.
    3. Income earned on college and university funds not deposited in the state treasury.
17. Shall perform all other duties as are prescribed by law.
18. Shall correct any underpayment, overpayment, or erroneous payment of tax distribution funds, resulting from an error made by the state treasurer in a timely manner. Unless otherwise provided by law, adjustments may be made from the general fund. This authority is limited to one hundred dollars per biennium, unless approved by the emergency commission. An adjustment of an insignificant amount need not be made at the discretion of the state treasurer. The state treasurer shall adopt a written policy identifying what is considered insignificant.
19. May work to promote access to financial education tools that can help all North Dakotans make wiser choices in all areas of personal financial management.

Source: S.L. 1890, ch. 183, § 12; 1893, ch. 96, §§ 1 to 5, 7; R.C. 1895, §§ 108, 332; R.C. 1899, §§ 108, 332; S.L. 1903, ch. 187, § 1; R.C. 1905, §§ 111, 384; C.L. 1913, §§ 143, 644; R.C. 1943, § 54-1101; S.L. 1959, ch. 372, § 72; 1963, ch. 346, § 57; 1973, ch. 403, § 44; 1975, ch. 466, § 48; 1975, ch. 472, § 1; 1977, ch. 487, § 1; 1983, ch. 555, § 2; 1991, ch. 578, § 3; 1995, ch. 350, § 45; 2001, ch. 88, § 89; 2003, ch. 467, § 2; 2005, ch. 483, § 1; 2009, ch. 466, § 1; 2011, ch. 395, § 1; 2013, ch. 5, § 3.

Effective Date.

The 2013 amendment of this section by section 3 of chapter 5, S.L. 2013 became effective July 1, 2013.

Cross-References.

Election, qualifications and term, see N.D. Const., Art. V, § 12.

Powers and duties, see N.D. Const., Art. V, § 7.

State funds must be deposited in Bank of North Dakota, see N.D.C.C. § 6-09-07.

54-11-01.1. Bicentennial trust fund — Created — Expenditures.

The centennial commission shall transfer ten thousand dollars from its special revolving fund to the state treasurer to be placed in a bicentennial trust fund. The principal and interest of this fund must remain intact until transferred to the bicentennial commission on or after January 1, 2089. If no bicentennial commission is in existence on January 1, 2089, the money in the bicentennial trust fund must be transferred to the governor. Upon transfer to the bicentennial commission or the governor, as the case may be, the moneys in the fund may be expended to commemorate and celebrate the bicentennial of the state.

Source: S.L. 1991, ch. 579, § 1.

54-11-02. Monthly warrants turned over to office of management and budget. [Repealed]

Repealed by S.L. 1965, ch. 181, § 33.

54-11-03. Warrants — Redemption — Duty of treasurer. [Repealed]

Repealed by S.L. 2003, ch. 467, § 4.

54-11-04. Records of state treasurer.

The state treasurer shall keep the following records:

1. A record of all moneys received or paid out, showing from whom received or to whom paid and on what account or fund.
2. A record that must keep an account with each fund.
3. A daily balance record that must show the amount in state depositories and the amount in cash on hand.
4. Records must be created and published via electronic devices and must be in compliance with state audit guidelines.

These records must be disposed of in accordance with the procedures established pursuant to chapter 54-46.

Source: S.L. 1901, ch. 174, § 1; R.C. 1905, § 112; C.L. 1913, § 144; R.C. 1943, § 54-1104; S.L. 1965, ch. 345, § 1; 1969, ch. 436, § 1; 1977, ch. 487, § 2; 2003, ch. 465, § 2; 2003, ch. 467, § 3.

54-11-05. Books and blanks furnished by state to treasurer — Kept as state records.

All checks and drafts, deposit slips, bankbooks, and other books and blanks used in the transactions of the state treasurer for state business must be furnished by the state and must be kept on record by the treasurer. They must be disposed of in accordance with the procedures established pursuant to chapter 54-46.

Source: S.L. 1901, ch. 174, § 2; R.C. 1905, § 112; C.L. 1913, § 144; R.C. 1943, § 54-1105; S.L. 1977, ch. 487, § 3.

54-11-06. Irregularities in books of treasurer — Auditor to report to governor — Temporary suspension of treasurer.

If the state auditor upon examination finds that the books of the state treasurer do not correspond with the amount of funds on hand, or do not show the actual condition of the funds, or if it appears to the state auditor that any moneys belonging to the state have been embezzled, diverted, or in any manner taken from the treasury without authority of law, or that the state treasurer has been guilty of negligence in keeping books or taking care of the public moneys, the auditor shall certify the fact to the governor. Upon the receipt of such certificate, the governor forthwith shall take possession of all books, moneys, papers, and other property belonging to the state, which have come into the possession of the state treasurer by virtue of that office, or otherwise, and shall temporarily suspend the state treasurer from that office.

Source: S.L. 1893, ch. 96, § 8; R.C. 1895, § 109; R.C. 1899, § 109; R.C. 1905, § 113; C.L. 1913, § 145; R.C. 1943, § 54-1106; S.L. 1969, ch. 437, § 1.

54-11-07. Suspension of treasurer by governor — Appointment.

When a certificate is made to the governor by the state auditor under section 54-11-06, the governor, with the state auditor and the commissioner of financial institutions, shall examine the books, papers, and all matters connected with the office of the state treasurer so suspended. If it appears to the governor, state auditor, and commissioner of financial institutions on examination that the state treasurer has embezzled or converted to the treasurer’s own use the public moneys, or has been negligent in keeping the books, or in taking care of public moneys, the governor on the certificate of the state auditor and the commissioner of financial institutions to that effect may remove the state treasurer and appoint another person to fill the place of the suspended state treasurer. The person so appointed shall enter upon the office of state treasurer as provided by law. The governor shall report the removal of the state treasurer to the next succeeding legislative assembly. The state treasurer so appointed shall hold office until the suspended state treasurer is reinstated or a successor is elected and qualified.

Source: S.L. 1893, ch. 96, § 9; R.C. 1895, § 110; R.C. 1899, § 110; R.C. 1905, § 114; C.L. 1913, § 146; R.C. 1943, § 54-1107; S.L. 1969, ch. 438, § 1; 1999, ch. 113, § 16; 2001, ch. 88, § 90.

54-11-08. State bonds — Registration. [Repealed]

Repealed by S.L. 2009, ch. 467, § 1.

54-11-09. Registration of bonds vests ownership. [Repealed]

Repealed by S.L. 2009, ch. 468, § 1.

54-11-10. Treasurer accountable for delinquencies.

If in any instance the state treasurer neglects to call to account any delinquent, whereby the public revenue may suffer a loss, the state treasurer must be held and deemed accountable for the sums due by such delinquent to all intents and purposes the same as if the funds actually had been paid into the state treasurer’s office.

Source: Pol. C. 1877, ch. 8, § 12; R.C. 1895, § 113; R.C. 1899, § 113; R.C. 1905, § 117; C.L. 1913, § 150; R.C. 1943, § 54-1110.

54-11-11. Purchase of warrants or accounts by state treasurer prohibited.

The state treasurer in no case may purchase or receive any warrants redeemable at the state treasury or any audited account at a value less than is expressed therein.

Source: Pol. C. 1877, ch. 8, § 10; R.C. 1895, § 112; R.C. 1899, § 112; R.C. 1905, § 116; C.L. 1913, § 149; R.C. 1943, § 54-1111.

54-11-12. Unlawful purchases by state treasurer — Penalty.

Every person who while treasurer of this state, or the deputy or clerk of such treasurer, directly or indirectly, buys or traffics in, or becomes a party to the purchase of, any state warrant, order, or scrip, or any bill, account, claim, or evidence of indebtedness against the state, for any sum less than the full face value thereof, is guilty of an infraction.

Source: S.L. 1890, ch. 117, §§ 1, 2; R.C. 1895, § 7629; R.C. 1899, § 7629; R.C. 1905, § 9399; C.L. 1913, § 10186; R.C. 1943, § 54-1112; S.L. 1975, ch. 106, § 581.

54-11-13. Salary of state treasurer.

The annual salary of the state treasurer is one hundred twelve thousand two hundred forty-one dollars through June 30, 2022, and one hundred fourteen thousand four hundred eighty-six dollars thereafter.

Source: R.C. 1895, § 117; R.C. 1899, § 117; R.C. 1905, § 121; S.L. 1909, ch. 216, § 4; C.L. 1913, § 154; I.M. Nov. 8, 1932, § 1, S.L. 1933, p. 504; 1943, ch. 202, § 2; R.C. 1943, § 54-1113; S.L. 1951, ch. 305, § 7; 1957, ch. 335, § 6; 1957 Supp., § 54-1113; S.L. 1965, ch. 344, § 9; S.L. 1973, ch. 417, § 9; 1977, ch. 480, § 10; 1983, ch. 44, § 20; 1985, ch. 560, § 9; 1989, ch. 1, § 25; 1991, ch. 28, § 34; 1991, ch. 53, § 14; 1995, ch. 27, § 2; 1997, ch. 5, § 2; 1999, ch. 27, § 2; 2001, ch. 5, § 3; 2005, ch. 5, § 4; 2005, ch. 15, § 20; 2007, ch. 32, § 4; 2009, ch. 5, § 3; 2011, ch. 31, § 3; 2013, ch. 5, § 4; 2015, ch. 39, § 4, effective July 1, 2015; 2019, ch. 30, § 4, effective July 1, 2019; 2021, ch. 5, § 3, effective July 1, 2021.

Effective Date.

The 2015 amendment of this section by section 4 of chapter 39, S.L. 2015 became effective July 1, 2015.

The 2013 amendment of this section by section 4 of chapter 5, S.L. 2013 became effective July 1, 2013.

54-11-14. Official bond of state treasurer. [Repealed]

Repealed by S.L. 1999, ch. 113, § 24.

54-11-15. Appointment of agents.

The treasurer may appoint agents for the purpose of receiving public funds as required by section 12 of article X of the Constitution of North Dakota. If appointed by the state treasurer, the Bank of North Dakota shall serve as an agent of the state treasurer for the purpose of receiving public funds, including funds that must be deposited in higher education institution special revenue funds.

Source: S.L. 1999, ch. 37, § 30.

54-11-16. Criminal history record checks.

The state treasurer shall require any applicant, employee, or independent contractor who has access to federal tax information to submit to a statewide and nationwide criminal history record check, and subsequent recheck within ten years from the date of the previous criminal history record check. The nationwide criminal history record check must be conducted in the manner provided by section 12-60-24.

Source: S.L. 2019, ch. 102, § 2, effective August 1, 2019.

54-12-01. Attorney general — Duties.

The attorney general shall:

1. Appear for and represent the state before the supreme court in all cases in which the state is interested as a party.
2. Institute and prosecute all actions and proceedings in favor or for the use of the state which may be necessary in the execution of the duties of any state officer.
3. Appear and defend all actions and proceedings against any state officer in the attorney general’s official capacity in any of the courts of this state or of the United States. If both parties to an action are state officers, the attorney general may determine which officer the attorney general will represent and the other officer may employ counsel to represent that other officer.
4. Consult with and advise the several state’s attorneys in matters relating to the duties of their office.
5. Attend the trial of any party accused of crime and assist in the prosecution when in the attorney general’s judgment the interests of the state require it.
6. Consult with and advise the governor and all other state officers and when requested give written opinions on all legal or constitutional questions relating to the duties of such officers respectively.
7. Prepare, when necessary, proper drafts for contracts and other writings relating to subjects in which the state is interested.
8. Give written opinions, when requested by either branch of the legislative assembly, upon legal questions.
9. Enforce the proper application of funds appropriated to the public institutions of the state and prosecute breaches of trust in the administration of such funds.
10. Prosecute corporations and limited liability companies, when necessary, for failure or refusal to make the reports required by law.
11. Keep in proper books a register of all cases prosecuted or defended by the attorney general or the attorney general’s assistants, in behalf of this state or its officers, and of all proceedings had in relation thereto, including a record of all actions wherein the state is a party, or is interested, prosecuted by the state’s attorneys of the several counties and reported to the attorney general as provided by law, and deliver the same to the attorney general’s successor in office.
12. Keep in the attorney general’s office a book in which the attorney general shall record all the official opinions given by the attorney general during the attorney general’s term of office, such book to be delivered by the attorney general to the attorney general’s successor in office.
13. Pay into the state treasury all moneys received by the attorney general for the use of the state.
14. Serve as superintendent of the bureau of criminal investigation and perform all duties incident to the proper and efficient conduct of that office.
15. Attend to and perform any other duties which from time to time may be required by law.
16. Appoint the state fire marshal and supervise the operation of the state fire marshal department.
17. Give written opinions, when requested by the governing body or city attorney of a city in the state of North Dakota.
18. Repealed by S.L. 1991, ch. 637, § 9.
19. Give written opinions to public entities as defined in subdivision a or b of subsection 13 of section 44-04-17.1, when requested by an interested person under section 44-04-21.1.

Source: S.L. 1890, ch. 21, § 4; R.C. 1895, § 119; R.C. 1899, § 119; S.L. 1901, ch. 24, § 1; R.C. 1905, § 123; C.L. 1913, § 157; 1925 Supp., § 157; R.C. 1943, § 54-1201; S.L. 1963, ch. 123, § 5; 1967, ch. 162, § 5; 1971, ch. 494, § 1; 1983, ch. 82, § 128; 1983, ch. 556, § 4; 1985, ch. 522, § 2; 1987, ch. 582, § 29; 1991, ch. 637, § 9; 1993, ch. 54, § 106; 1997, ch. 381, § 21.

Cross-References.

Appearance for state in suits involving unsatisfied judgment fund, see N.D.C.C. § 26.1-23-06.

Attorney for public service commission, see N.D.C.C. § 49-01-09.

Pardon advisory board membership, see N.D. Const., Art. V, § 6; N.D.C.C. § 12-55.1-02.

Board of university and school lands, member, see N.D. Const., Art. IX, § 3; N.D.C.C. § 15-01-01.

Bureau of criminal investigation, see N.D.C.C. ch. 12-60.

Criminal justice training and statistics division, see N.D.C.C. ch. 12-62.

Election, qualifications and term, see N.D. Const., Art. V, §§ 2, 4 and 5.

Fire marshal department, see N.D.C.C. ch. 18-01.

Industrial commission membership, see N.D.C.C. § 54-17-02.

Judicial council membership, see N.D.C.C. § 27-15-01.

Licensing and regulation of detection of deception examiners, see N.D.C.C. ch. 43-31.

Licensing and regulation of detectives, see N.D.C.C. ch. 43-30.

Licensing and regulation of hearing aid dealers, see N.D.C.C. ch. 43-33.

Licensing games of chance, see N.D.C.C. ch. 53-06.1.

Licensing of amusement games, see N.D.C.C. ch. 53-04.

Licensing transient merchants, see N.D.C.C. ch. 51-04.

Private practice of law by attorney general, deputies or employees, see N.D.C.C. § 27-14-02.

Representation of workforce safety and insurance, see N.D.C.C. § 65-01-12.

54-12-01.1. Attorney general to publish eminent domain information.

The attorney general, with the cooperation of appropriate state agencies, shall publish online information describing the eminent domain laws of this state. The information must include the reasons for condemnation, the procedures followed by condemnors as defined by section 32-15-01, how citizens may influence the condemnation process, and the rights of property owners and citizens affected by condemnation. A condemnor shall notify a property owner of the available online information before making an offer to purchase and initiating a condemnation action.

Source: S.L. 1981, ch. 353, § 4; 2017, ch. 366, § 4, effective February 23, 2017.

54-12-01.2. Regulation of gaming schools. [Repealed]

Repealed by S.L. 2011, ch. 397, § 1.

54-12-01.3. Judicial officers — Legal defense — Indemnification.

The attorney general shall appear and defend any supreme court justice, supreme court surrogate justice, district court judge, district court surrogate judge, judicial referee, or director of juvenile court of this state in any action founded upon an act or omission arising out of performance of an official duty. If the attorney general determines that the attorney general or an assistant attorney general is unable to defend the judicial officer, the attorney general shall employ a special assistant attorney general to represent the judicial officer. The state shall indemnify the supreme court justice, supreme court surrogate justice, district court judge, district court surrogate judge, judicial referee, or director of juvenile court of this state for all reasonable costs, including attorney’s fees, incurred by or awarded against the judicial officer in the action.

Source: S.L. 1987, ch. 626, § 1; 1991, ch. 326, § 181; 2007, ch. 274, § 35.

54-12-01.4. Limitation of effect of certain opinions of attorney general.

Any opinion of the attorney general, or any other public official other than a court of competent jurisdiction, that sections 16.1-01-13, 16.1-01-13.1, and 16.1-01-14 are unconstitutional, is not binding on any other public official, and all other public officials are free to act in accordance with the wishes of the people of North Dakota as expressed in sections 16.1-01-13, 16.1-01-13.1, and 16.1-01-14.

Source: I.M. approved November 3, 1992, S.L. 1993, ch. 652, § 4.

54-12-02. Attorney general may institute action in which state is a party.

The attorney general and the attorney general’s assistants are authorized to institute and prosecute all cases in which the state is a party, whenever in their judgment it would be for the best interests of the state so to do.

Source: S.L. 1901, ch. 178, § 1, subs. 9; R.C. 1905, § 2494, subs. 9; C.L. 1913, § 3376, subs. 9; R.C. 1943, § 54-1202.

54-12-03. Attorney general may make investigation in county — How expenses paid.

The attorney general may make an investigation in any county in this state to the end that the laws of the state shall be enforced therein and all violators thereof brought to trial, when:

1. The attorney general deems it necessary for the successful enforcement of the laws of the state in such county;
2. Requested by a majority of the members of the board of county commissioners of the county; or
3. Petitioned by twenty-five taxpaying citizens of the county.

The necessary expenses incurred in making the investigation or in prosecuting any resulting case, as determined by the attorney general and not otherwise specifically provided by law, must be paid by the county out of the state’s attorney’s contingent fund. All such expenses paid from the state’s attorney’s contingent fund must be paid by the county treasurer upon the warrant of the county auditor. The warrant must be executed and delivered by the auditor in an amount and to the person designated therein upon the written order of the attorney general.

Source: S.L. 1919, ch. 68, §§ 1 to 3; 1925 Supp., §§ 162a1 to 162a3; R.C. 1943, § 54-1203.

Cross-References.

State’s attorney’s contingent fund, see N.D.C.C. §§ 11-16-09, 11-16-10.

54-12-04. Attorney general to investigate and prosecute criminal matters in counties on demand of district judge — How expenses paid.

Upon the written demand of a judge of the district court, with or without the consent and approval of the state’s attorney of the county wherein such duties are to be performed, the attorney general, either personally or through the attorney general’s assistants, shall be required to make a full and complete investigation of any criminal matter or complaint referred to in the demand. The attorney general shall take full charge of and shall conduct any criminal prosecution in any county within the district of said district judge to the same effect and with like power and authority as the duly elected state’s attorney of that county. All expenses, including mileage as now provided by law for state officers, and disbursements for subsistence while performing those duties incurred by the attorney general, must be paid and allowed by the county in which the said duties were performed in the manner in which claims against the county are allowed and paid, after an itemized statement thereof has been approved by the judge who requested that the same be performed.

Source: S.L. 1935, ch. 125, § 1; R.C. 1943, § 54-1204.

54-12-04.1. Attorney general to make investigation on Indian reservation — Expenses.

The attorney general may make a full and complete investigation of any complaint alleging the deprivation of any constitutional, civil, or legal right of an individual residing on an Indian reservation upon the written request of the state’s attorney of the county of residence of the aggrieved individual. The attorney general may conduct and take full charge of any criminal prosecution that results from the investigation. The necessary expenses incurred in making the investigation or in prosecuting any resulting case, as determined by the attorney general, must be allowed and paid by the county in which the investigation was requested in the same manner in which claims against the county are allowed and paid.

Source: S.L. 1987, ch. 627, § 1.

54-12-04.2. Child sexual abuse investigation and prosecution.

The child sexual abuse investigation and prosecution team consists of an assistant attorney general and an agent of the state bureau of criminal investigation. On request of any state’s attorney, the team shall assist, within the limits of legislative appropriation and available staff resources, with the investigation and prosecution of child sexual abuse cases.

Source: S.L. 1991, ch. 580, § 1; 1993, ch. 515, § 1; 1999, ch. 452, § 1.

54-12-05. Biennial report.

1. The attorney general shall submit a biennial report to the governor and the secretary of state in accordance with section 54-06-04. The report must provide:
   1. A summary of the types of actions prosecuted or defended by the attorney general on behalf of the state.
   2. The aggregate cost of prosecuting or defending actions on behalf of the state.
   3. The amount of fines and penalties collected.
2. The attorney general also shall direct attention to any defect in the practical operations of the law relating to revenue and criminal offenses and shall suggest amendments and changes as in the attorney general’s judgment are necessary to subserve the public interest.

Source: S.L. 1890, ch. 21, § 5; R.C. 1895, § 120; R.C. 1899, § 120; R.C. 1905, § 124; C.L. 1913, § 158; S.L. 1923, ch. 132, § 1; 1925 Supp., § 158; R.C. 1943, § 54-1205; S.L. 1963, ch. 346, § 58; 1973, ch. 403, § 45; 1975, ch. 466, § 49; 1995, ch. 350, § 46; 2001, ch. 480, § 1.

54-12-06. Assistant attorneys general — Attorney general may appoint.

The attorney general may appoint assistant attorneys general whose appointment must be in writing and filed in the office of the secretary of state.

Source: S.L. 1889, ch. 17, § 1; R.C. 1895, § 122; R.C. 1899, § 122; R.C. 1905, § 126; S.L. 1909, ch. 219, § 1; C.L. 1913, § 160; S.L. 1919, ch. 66, § 1; 1919 Sp., ch. 18, § 1; 1923, ch. 131, § 1; 1925 Supp., § 160; R.C. 1943, § 54-1206; S.L. 1953, ch. 305, § 1; 1957 Supp., § 54-1206; S.L. 1975, ch. 473, § 1.

Cross-References.

Employment of assistant attorney general by workers compensation bureau, see N.D.C.C. § 65-02-06.

Oath of civil officers, see N.D. Const., Art. XI, § 4; N.D.C.C. § 44-01-05.

54-12-07. Salary of assistant attorneys general.

The salary of the assistant attorneys general must be within the amount appropriated for salaries by the legislative assembly and are payable in the same manner as other departmental payrolls.

Source: S.L. 1909, ch. 219, § 2; C.L. 1913, § 161; S.L. 1919, ch. 66, § 2; 1925 Supp., § 161; R.C. 1943, § 54-1207; S.L. 1959, ch. 372, § 75; 1975, ch. 473, § 2; 1981, ch. 535, § 14.

54-12-08. Assistant and special assistant attorneys general — Appointment — Revocation — Compensation. [Effective through August 31, 2022]

1. After consultation with the head of the state department or institution or with the state board, commission, committee, or agency affected, the attorney general may appoint assistant or special assistant attorneys general to represent the state board, commission, committee, or agency. A state officer, head of any state department, whether elected or appointed, or state department, board, commission, committee, or agency may not employ legal counsel, and no person may act as legal counsel in any matter, action, or proceeding in which the state or any state department, board, commission, committee, or agency is interested or is a party, except upon written appointment by the attorney general. Workforce safety and insurance, the department of transportation, the state tax commissioner, the public service commission, the insurance commissioner, the agriculture commissioner, and the securities commissioner may employ attorneys to represent them. These entities shall pay the salaries and expenses of the attorneys they employ within the limits of legislative appropriations. The attorneys that represent these entities must be special assistant attorneys general appointed by the attorney general pursuant to this section. Absent good cause, the attorney general shall appoint as special assistant attorneys general licensed attorneys selected by these entities. The attorney general may revoke the appointment only for good cause or upon the request of the entity. Good cause means an inadequate level of experience, competence, or ethical standards.
2. The powers conferred upon special assistant attorneys general are the same as are exercised by the regular assistant attorneys general, unless the powers are limited specifically by the terms of the appointment. Except as otherwise provided by this section, an appointment is revocable at the pleasure of the attorney general. The appointment may be made with or without compensation, and when compensation is allowed by the attorney general for services performed, the compensation must be paid out of the funds appropriated therefor.
3. The attorney general may require payment for legal services rendered by any assistant or special assistant attorney general to any state official, board, department, agency, or commission and those entities shall make the required payment to the attorney general. Moneys received by the attorney general in payment for legal services rendered must be deposited into the attorney general’s operating fund. General fund moneys may not be utilized for the payment of legal services provided by the attorneys employed by the attorney general, except for those payments required of the department of  human services, state department of health, department of environmental quality, and the state hospital.
4. An assistant or special assistant attorney general appointed to represent the state board of higher education or an institution under the control of the state board of higher education may access and examine any record under the control of the state board of higher education. For purposes of reviewing records under the Family Educational Rights and Privacy Act [20 U.S.C. 1232g; 34 CFR 99] or any other federal privacy law, the assistant or special assistant attorney general is considered a state educational official authorized to access student records.

Source: S.L. 1919, ch. 67, § 1; 1923, ch. 131, § 1; 1925 Supp., § 160a1; R.C. 1943, § 54-1208; S.L. 1945, ch. 290, § 1; 1957 Supp., § 54-1208; 1987, ch. 628, § 1; 1995, ch. 243, § 2; 1995, ch. 504, § 1; 1997, ch. 533, § 1; 2003, ch. 561, § 3; 2015, ch. 3, § 20, effective July 1, 2015; 2015, ch. 37, § 10, effective July 1, 2015; 2017, ch. 199, § 58; 2021, ch. 9, § 18, effective July 1, 2021.

Effective Date.

The 2015 amendment of this section by section 20 of chapter 3, S.L. 2015 became effective July 1, 2015.

The 2015 amendment of this section by section 10 of chapter 37, S.L 2015 became effective July 1, 2015, except for subsection 4, which became effective May 24, 2015, pursuant to an emergency clause in section 16 of chapter 37, S.L. 2015.

Note.

This section is effective upon the receipt by the legislative council of the certification by the chief of the environmental health section of the state department of health attesting that all necessary federal approvals have been obtained and all necessary federal and other agreements have been amended to ensure the state will continue to meet the primacy requirements it currently satisfies after the transfer of authority, powers, and duties from the state department of health to the department of environmental quality provided under S.L. 2017, ch. 199, § 75. [Contingency met in 2019]

Section 54-12-08 was amended 2 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 18 of Chapter 9, Session Laws 2021, Senate Bill 1009; and Section 485 of Chapter 352, Session Laws 2021, House Bill 1247.

Section 54-12-08 was amended 2 times by the 2015 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 10 of Chapter 37, Session Laws 2015, Senate Bill 2003; and Section 20 of Chapter 3, Session Laws 2015, House Bill 1003.

54-12-08. Assistant and special assistant attorneys general — Appointment — Revocation — Compensation. [Effective September 1, 2022]

1. After consultation with the head of the state department or institution or with the state board, commission, committee, or agency affected, the attorney general may appoint assistant or special assistant attorneys general to represent the state board, commission, committee, or agency. A state officer, head of any state department, whether elected or appointed, or state department, board, commission, committee, or agency may not employ legal counsel, and no person may act as legal counsel in any matter, action, or proceeding in which the state or any state department, board, commission, committee, or agency is interested or is a party, except upon written appointment by the attorney general. Workforce safety and insurance, the department of transportation, the state tax commissioner, the public service commission, the insurance commissioner, the agriculture commissioner, and the securities commissioner may employ attorneys to represent them. These entities shall pay the salaries and expenses of the attorneys they employ within the limits of legislative appropriations. The attorneys that represent these entities must be special assistant attorneys general appointed by the attorney general pursuant to this section. Absent good cause, the attorney general shall appoint as special assistant attorneys general licensed attorneys selected by these entities. The attorney general may revoke the appointment only for good cause or upon the request of the entity. Good cause means an inadequate level of experience, competence, or ethical standards.
2. The powers conferred upon special assistant attorneys general are the same as are exercised by the regular assistant attorneys general, unless the powers are limited specifically by the terms of the appointment. Except as otherwise provided by this section, an appointment is revocable at the pleasure of the attorney general. The appointment may be made with or without compensation, and when compensation is allowed by the attorney general for services performed, the compensation must be paid out of the funds appropriated therefor.
3. The attorney general may require payment for legal services rendered by any assistant or special assistant attorney general to any state official, board, department, agency, or commission and those entities shall make the required payment to the attorney general. Moneys received by the attorney general in payment for legal services rendered must be deposited into the attorney general’s operating fund. General fund moneys may not be utilized for the payment of legal services provided by the attorneys employed by the attorney general, except for those payments required of the department of health and human services, department of environmental quality, and the state hospital.
4. An assistant or special assistant attorney general appointed to represent the state board of higher education or an institution under the control of the state board of higher education may access and examine any record under the control of the state board of higher education. For purposes of reviewing records under the Family Educational Rights and Privacy Act [20 U.S.C. 1232g; 34 CFR 99] or any other federal privacy law, the assistant or special assistant attorney general is considered a state educational official authorized to access student records.

Source: S.L. 1919, ch. 67, § 1; 1923, ch. 131, § 1; 1925 Supp., § 160a1; R.C. 1943, § 54-1208; S.L. 1945, ch. 290, § 1; 1957 Supp., § 54-1208; 1987, ch. 628, § 1; 1995, ch. 243, § 2; 1995, ch. 504, § 1; 1997, ch. 533, § 1; 2003, ch. 561, § 3; 2015, ch. 3, § 20, effective July 1, 2015; 2015, ch. 37, § 10, effective July 1, 2015; 2017, ch. 199, § 58; 2021, ch. 9, § 18, effective July 1, 2021; 2021, ch. 352, § 485, effective September 1, 2022.

54-12-08.1. Contingent fee arrangements.

The attorney general may not appoint or allow to be employed a special assistant attorney general in a civil case in which the amount in controversy exceeds one million dollars and the special assistant attorney general is compensated by a contingent fee arrangement, unless the contingent fee arrangement is approved by the emergency commission. A state governmental entity may not contract for legal services that are compensated by a contingent fee arrangement, unless the entity receives an appointment from the attorney general for a special assistant attorney general for each case in which there is a contingent fee arrangement. Any proceeding or information used by the emergency commission under this section is not subject to sections 44-04-18 and 44-04-19, unless made public by order of the emergency commission.

Source: S.L. 1999, ch. 453, § 1; 2021, ch. 398, § 1, effective August 1, 2021.

54-12-09. Assistant attorney general for board of university and school lands — Appointment — Revocation — Oath.

The attorney general shall appoint an assistant attorney general to act under the direction and supervision of the attorney general as attorney for the board of university and school lands. The appointment is revocable at the pleasure of the attorney general. Such assistant attorney general upon appointment and before assuming the person’s duties shall take the oath prescribed for civil officers.

Source: S.L. 1919, ch. 65, § 1; 1925 Supp., § 160a5; R.C. 1943, § 54-1209.

Cross-References.

Attorney general member of board, see N.D. Const., Art. IX, § 3 and N.D.C.C. § 15-01-01.

Board of university and school lands, see N.D.C.C. ch. 15-01.

Oath of civil officers, see N.D. Const., Art. XI, § 4 and N.D.C.C. § 44-01-05.

54-12-09.1. Salary of assistant attorney general for board of university and school lands. [Repealed]

Repealed by S.L. 1953, ch. 306, § 1.

54-12-10. Assistant attorney general for board of university and school lands — Execution of certificates and documents.

All certificates and documents executed, signed, or certified to by the assistant attorney general appointed to act as attorney for the board of university and school lands, must be executed, signed, or certified to in substantially the following form:

Attorney General By Assistant Attorney General

Click to view

Source: S.L. 1919, ch. 65, § 2; 1925 Supp., § 160a6; R.C. 1943, § 54-1210.

54-12-11. Salary of attorney general.

The annual salary of the attorney general is one hundred sixty-five thousand eight hundred forty-five dollars through June 30, 2022, and one hundred sixty-nine thousand one hundred sixty-two dollars thereafter.

Source: R.C. 1895, § 121; R.C. 1899, § 121; R.C. 1905, § 125; S.L. 1909, ch. 216, § 4; C.L. 1913, § 159; I.M. Nov. 8, 1932, § 1, S.L. 1933, p. 504; 1943, ch. 202, § 2; R.C. 1943, § 54-1211; S.L. 1947, ch. 322, § 1; 1951, ch. 305, § 8; 1957, ch. 335, § 7; 1957 Supp., § 54-1211; S.L. 1965, ch. 344, § 10; 1973, ch. 417, § 10; 1977, ch. 480, § 11; 1983, ch. 44, § 21; 1985, ch. 560, § 10; 1989, ch. 1, § 26; 1991, ch. 28, § 35; 1991, ch. 53, § 15; 1995, ch. 25, § 7; 1997, ch. 3, § 7; 1999, ch. 25, § 10; 2001, ch. 3, § 18; 2005, ch. 3, § 16; 2005, ch. 15, § 21; 2007, ch. 30, § 17; 2009, ch. 3, § 9; 2011, ch. 29, § 7; 2013, ch. 3, § 4; 2015, ch. 37, § 11, effective July 1, 2015; 2019, ch. 28, § 6, effective July 1, 2019; 2021, ch. 3, § 14, effective July 1, 2021.

Effective Date.

The 2015 amendment of this section by section 11 of chapter 37, S.L. 2015 became effective July 1, 2015.

The 2013 amendment of this section by section 4 of chapter 3, S.L. 2013 became effective July 1, 2013.

54-12-12. Licensing department — Inspectors — Powers and duties. [Repealed]

Repealed by S.L. 1967, ch. 116, § 2.

54-12-13. Special assistant attorneys general report of salaries and expenses.

All departments that pay salaries or expenses of special assistant attorneys general shall report all such expenditures monthly to the attorney general upon such forms as must be prescribed by the attorney general. And all such salaries and expenses must be approved by the attorney general.

Source: S.L. 1965, ch. 346, § 1.

54-12-14. Assets forfeiture fund — Created — Purpose — Continuing appropriation.

1. The attorney general assets forfeiture fund consists of funds appropriated by the legislative assembly and additional funds obtained from moneys, assets, and proceeds seized and forfeited pursuant to section 19-03.1-36, amounts received through court proceedings as restitution, amounts remaining from the forfeiture of property after the payment of expenses for forfeiture and sale authorized by law, and amounts received from a multijurisdictional drug task force as defined in section 54-12-26. The amount of deposits into the fund which do not come from legislative appropriation or from a multijurisdictional drug task force and are not payable to another governmental entity may not exceed two hundred thousand dollars within a biennium and any moneys in excess of that amount must be deposited in the general fund. The funds are appropriated, as a standing and continuing appropriation, to the attorney general for the following purposes:
   1. For obtaining evidence for enforcement of any state criminal law or law relating to the control of drug abuse.
   2. For repayment of rewards to qualified local programs approved under section 12.1-32-02.2, if the information that was reported to the qualified local program substantially contributed to forfeiture of the asset, and for paying, at the discretion of the attorney general, rewards for other information or assistance leading to a forfeiture under section 19-03.1-36.
   3. For paying, at the discretion of the attorney general, any expenses necessary to seize, detain, inventory, safeguard, maintain, advertise, or sell property seized, detained, or forfeited pursuant to section 19-03.1-36, or of any other necessary expenses incident to the seizure, detention, or forfeiture of such property.
   4. For equipping, for law enforcement functions, forfeited vessels, vehicles, and aircraft retained as provided by law for official use by the state board of pharmacy or a law enforcement agency.
   5. For paying, at the discretion of the attorney general, overtime compensation to agents of the bureau of criminal investigation incurred as a result of investigations of violations of any state criminal law or law relating to the control of drug abuse.
   6. For paying matching funds required to be paid as a condition for receipt of funds from a federal government program awarding monetary grants or assistance for the investigation, apprehension, or prosecution of persons violating the provisions of chapter 19-03.1.
2. The attorney general shall, with the concurrence of the director of the office of management and budget, establish the necessary accounting procedures for the use of the fund, and shall personally approve, in writing, all requests from the director of the bureau of criminal investigation or the director of the drug enforcement unit for the use of the fund.
3. Notwithstanding subsection 1, the amount of deposits into the fund related to human trafficking are appropriated, as a standing and continuing appropriation, to the attorney general for awarding grants to organizations providing prevention and treatment services for human trafficking victims.

Source: S.L. 1975, ch. 474, § 1; 1979, ch. 540, § 4; 1981, ch. 523, § 1; 1987, ch. 266, § 2; 1989, ch. 640, § 1; 1991, ch. 133, § 2; 1991, ch. 581, § 1; 1991, ch. 600, § 9; 1995, ch. 217, § 5; 1999, ch. 215, § 2; 2007, ch. 459, § 3; 2009, ch. 125, § 3; 2015, ch. 375, § 3, effective April 23, 2015.

Effective Date.

The 2015 amendment of this section by section 3 of chapter 375, S.L. 2015 became effective April 23, 2015, pursuant to an emergency clause in section 4 of chapter 375, S.L. 2015.

54-12-14.1. Loans for law enforcement activities.

The attorney general may obtain unsecured loans from any financial institution in this state for the purpose of conducting the activities listed in subdivision a of subsection 1 of section 54-12-14. Any funds obtained under this section must be repaid at the end of each biennium and are not subject to appropriation limitations.

Source: S.L. 1993, ch. 1, § 33.

54-12-15. Drug enforcement unit — Personnel — Duties. [Repealed]

Repealed by S.L. 2009, ch. 125, § 4.

54-12-16. Powers of drug enforcement unit personnel. [Repealed]

Repealed by S.L. 2009, ch. 125, § 4.

54-12-17. Consumer protection and antitrust division.

A consumer protection and antitrust division is created under the attorney general. This division consists of a director and such other personnel as may be appointed by the attorney general. The division shall act to enforce the consumer fraud laws and act with regard to the use or employment by any person of any deceptive act or practice, fraud, false pretense, false promise, or misrepresentation with the intent that others rely thereon in connection with the sale or advertisement of any merchandise, whether or not any person has in fact been misled, deceived, or damaged thereby, and shall make full investigation of such activities and maintain adequate facilities for filing reports, examining persons and merchandise in regard thereto, and storing impounded books, records, accounts, papers, and samples of merchandise relating to same. The division shall cooperate with other governmental agencies, national, state, or local, and with all peace officers of the state in regard thereto. The division also shall investigate antitrust violations and enforce antitrust laws.

Source: S.L. 1983, ch. 556, § 5; 1993, ch. 1, § 31.

54-12-18. Special fund established — Continuing appropriation.

A special fund is established in the state treasury and designated as the attorney general refund fund. The attorney general shall deposit all moneys recovered by the consumer protection division for refunds to consumers in cases where persons or parties are found to have violated the consumer fraud laws, all costs, expenses, attorney’s fees, and civil penalties collected by the division regarding any consumer protection or antitrust matter, all cash deposit bonds paid by applicants for a transient merchant’s license who do not provide a surety bond, and all funds and fees collected by the gaming section for licensing tribal gaming and for the investigation of gaming employees, applicants, organizations, manufacturers, distributors, or tribes involved in state or tribal gaming. The moneys in the fund are appropriated, as necessary, for the following purposes:

1. To provide refunds of moneys recovered by the consumer protection and antitrust division on behalf of specifically named consumers;
2. To pay valid claims against cash deposit bonds posted by transient merchant licensees;
3. To refund, upon expiration of the two-year period after the expiration of the transient merchant’s license, the balance of any cash deposit bond remaining after the payment of valid claims;
4. To pay costs, expenses, and attorney’s fees and salaries incurred in the operation of the consumer protection division; and
5. To pay the actual costs of background investigations, licensing, and enforcement of gaming in the state or pursuant to Indian gaming compacts.

At the end of each biennium any moneys in the fund in excess of the amounts required for subsections 1, 2, 3, and 5 must be deposited in the general fund. The attorney general, with the concurrence of the director of the office of management and budget, shall establish the necessary accounting procedures for use of the attorney general refund fund, particularly with respect to expenditures under subsection 4.

Source: S.L. 1989, ch. 641, § 1; 1991, ch. 551, § 4; 1993, ch. 1, § 32; 1999, ch. 454, § 2; 2001, ch. 3, § 19.

54-12-19. Block house defined. [Repealed]

Repealed by S.L. 2007, ch. 75, § 4.

54-12-20. Block house program. [Repealed]

Repealed by S.L. 2007, ch. 75, § 4.

54-12-21. Recovery of funds — Limitations.

All funds recovered by the attorney general as a result of negotiated settlements or court proceedings must be deposited in a special fund in the state treasury and may be appropriated only by the legislative assembly, except when:

1. A specific fund or special account is otherwise designated by law; or
2. The options open to the attorney general leave no choice as to the disposition of the proceeds if the state is to recover funds in a multistate settlement.

Source: S.L. 1999, ch. 454, § 1.

54-12-22. Accessibility of sexual offender and crimes against children registration information.

The attorney general shall provide to a law enforcement dispatch center access to registration information on individuals required to register under section 12.1-32-15 through any feasible electronic means that includes direct access to a computerized registration information database. The attorney general shall provide the information in a form that is referenced by driver’s license number or number plate characters. The department of transportation shall provide the necessary information to the attorney general in any feasible form requested by the attorney general. The attorney general may require the cooperation of the state radio broadcasting system to provide the access required by this section.

Source: S.L. 1999, ch. 455, § 1.

Cross-References.

Commitment of sexually dangerous individuals, see N.D.C.C. ch. 25-03.3.

54-12-23. Special operations team reimbursement fund — Continuing appropriation.

The attorney general may establish a special operations team reimbursement fund of up to two hundred fifty thousand dollars consisting of federal funds and moneys obtained from cities and counties. The funds are appropriated as a standing and continuing appropriation to the attorney general for reimbursement to city and county governments that provide special operations team services to rural areas. The attorney general shall develop guidelines for the reimbursement of expenses to city and county governments providing special operations team services.

Source: S.L. 2003, ch. 468, § 1.

54-12-24. State crime laboratory division.

1. A state crime laboratory is created as a division of the office of the attorney general. This division consists of a director, the state toxicologist, and such other personnel as may be appointed by the attorney general. The state crime laboratory may establish and charge fees for services rendered. The state crime laboratory must be administratively separated from the bureau of criminal investigation. The director serves at the pleasure of the attorney general and is entitled to receive a salary set by the attorney general within the limits of legislative appropriation.
2. The state crime laboratory shall employ the services of a qualified toxicologist who must be the state toxicologist. The attorney general shall appoint the state toxicologist. The attorney general may appoint such qualified deputy state toxicologists as may be necessary to exercise the authority and responsibility prescribed by law for the state toxicologist. The results of toxicological or chemical testing or analysis, other than provided for in section 39-20-13, made by the state toxicologist at the request of law enforcement agencies for criminal investigation may not be disclosed directly or indirectly by the state toxicologist or any agent or employee of the attorney general to anyone other than the person or agency requesting the test or analysis or to any other person upon whom the toxicological or chemical test was performed or the person’s authorized representative, except the state toxicologist may permit the inspection of the reports of any such test or analysis results by any other person having a proper interest therein as determined by the director of the state crime laboratory.
3. Upon the request of the state forensic examiner, any state’s attorney, sheriff, chief of police, coroner, or other local, state, or federal law enforcement official, the attorney general may make available to the requesting official the state crime laboratory’s facilities and personnel to assist in the investigation or detection of crimes and the apprehension or prosecution of criminals.

Source: S.L. 2003, ch. 469, § 12.

Note.

Section 14 of chapter 469, S.L. 2003, effective July 1, 2003, provides:

“ ADMINISTRATIVE RULES RELATING TO THE STATE CRIME LABORATORY. The legislative council shall transfer administrative rules that the attorney general designates as relating to the state crime laboratory from the title of the North Dakota Administrative Code relating to the state department of health to the title of the North Dakota Administrative Code relating to the attorney general. The legislative council, after consulting the attorney general, may change references in any administrative rules to conform to this Act. These rules continue in effectiveness without promulgation under chapter 28-32 of the North Dakota Century Code. Any certifications, designations, or approvals made by the state toxicologist, including those made on or before the effective date of this Act, continue to be valid after the effective date.”

54-12-24.1. Statewide sexual assault evidence collection kit tracking system — Exception.

1. The state crime laboratory shall develop and implement a statewide sexual assault evidence collection kit tracking system. The director of the state crime laboratory may contract with public or private entities, including private software and technology providers for the creation, operation, and maintenance of the system.
2. All medical providers, law enforcement agencies, forensic laboratories, or other persons or entities that collect evidence for, or receive, store, analyze, maintain, or preserve sexual assault kits, shall participate in the statewide sexual assault evidence collection kit tracking system for the purpose of tracking the location and status of all sexual assault kits in their custody. Participation must begin according to the implementation schedule established by the state crime laboratory.
3. The statewide sexual assault evidence collection kit tracking system must:
   1. Track the location and status of each sexual assault kit throughout the criminal justice process, including the initial collection during examinations performed at medical facilities, receipt and storage at law enforcement agencies, receipt and analysis at forensic laboratories, storage, and any destruction of the kit after the applicable evidence is analyzed;
   2. Allow participating entities that have custody of sexual assault kits to update and track the status and location of the kits;
   3. Allow victims of sexual assault to track or receive updates anonymously regarding the status of their sexual assault kits; and
   4. Use electronic or other technologies that allow for continuous access.
4. The state crime laboratory may phase in the requirement of initial participation in the statewide sexual assault evidence collection kit tracking system according to region, volume of sexual assault forensic evidence kits, or other appropriate classifications. All law enforcement agencies, medical providers, forensic laboratories, or other persons that collect evidence for, or receive, store, analyze, maintain, or preserve sexual assault forensic evidence kits are required to participate fully in the tracking system within one year of the tracking system’s initial date of operation.
5. Annually, the state crime laboratory shall post a report on the statewide sexual assault evidence collection kit tracking system on the attorney general’s website. The report must include the:
   1. Total number of sexual assault kits in the system statewide and by jurisdiction;
   2. Total and semiannual number of sexual assault kits where forensic analysis has been completed both statewide and by jurisdiction;
   3. Number of sexual assault kits added to the system in the reporting period both statewide and by jurisdiction;
   4. Total and semiannual number of sexual assault kits where forensic analysis has been requested but not completed both statewide and by jurisdiction; and
   5. Total and semiannual number of sexual assault kits destroyed or removed from the system both statewide and by jurisdiction.
6. Records and information within the tracking system described in this section are exempt from disclosure under section 44-04-18.

Source: S.L. 2021, ch. 399, § 2, effective April 16, 2021.

54-12-25. Attorney general may provide counsel to boards of health.

The attorney general, upon the request of a board of health established under chapter 23-35, may provide legal counsel or a written legal opinion to the board of health. The attorney general may enter an agreement with a board of health for reimbursement of expenses incurred by the attorney general in providing legal counsel to the board of health.

Source: S.L. 2005, ch. 484, § 1.

54-12-26. Attorney general multijurisdictional drug task force grant fund — Continuing appropriation.

1. The attorney general may establish a multijurisdictional drug task force grant fund. The fund consists of funds appropriated by the legislative assembly. The funds are appropriated as a standing and continuing appropriation to the attorney general for the purpose of defraying the expenses and operating costs incurred by a multijurisdictional drug task force. The attorney general shall develop guidelines for the qualifications for receipt of grant funds, the disbursement of grant funds, and the necessary accounting procedures for the use of grant funds. In this section, “multijurisdictional drug task force” means a law enforcement task force:
   1. Organized and created in this state by a written mutual aid or joint powers agreement;
   2. Comprised of persons who are employed by, or acting under the authority of, different governmental entities, including federal, state, county, or municipal governments, or any combination of these agencies; and
   3. Operated and established to enhance and facilitate interagency coordination, acquisition of intelligence information, and investigations of controlled substance and other drug-related crimes.
2. If the attorney general receives federal funds in excess of the year 2006 level of Byrne grant funding that may be used to defray the expenses and operating costs incurred by a multijurisdictional drug task force during the 2007-09 biennium, the attorney general may seek emergency commission approval to receive and spend the additional federal funds but may not spend moneys from the funds appropriated by the legislative assembly to the extent of the additional federal funds received for this purpose for the biennium beginning July 1, 2007, and ending June 30, 2009.

Source: S.L. 2007, ch. 459, § 2.

54-12-27. Twenty-four seven sobriety program.

The attorney general may establish a statewide twenty-four seven sobriety program. The sobriety program involves coordination among state, county, and municipal agencies to implement procedures as alternatives to incarceration for offenders charged with, or convicted of, driving under the influence of alcohol or controlled substances, domestic violence, abuse or neglect of a child, or for other offenses in which alcohol or controlled substances are involved.

Source: S.L. 2009, ch. 469, § 5.

54-12-28. Twenty-four seven sobriety program guidelines, program fees, and records.

1. The attorney general, in cooperation with law enforcement, the judiciary, the department of corrections and rehabilitation, and the traffic safety division of the department of transportation, may develop guidelines, policies, and procedures to administer the twenty-four seven sobriety program and to test offenders to enforce compliance with the sobriety program, including sobriety testing twice per day seven days per week, electronic monitoring, including home surveillance and remote electronic alcohol monitoring, urine testing and drug patch testing, and to establish program fees, all of which are not subject to chapter 28-32.
2. To assist in monitoring the status of the twenty-four seven sobriety program, the attorney general may gather program records and statistics. Agencies or companies participating in the twenty-four seven program shall provide record and statistic information requested by the attorney general within thirty days of the request.

Source: S.L. 2009, ch. 469, § 5; 2017, ch. 366, § 5, effective February 23, 2017.

54-12-28.1. Law enforcement acceptance of department of transportation action.

A law enforcement agency shall accept, the same as if ordered by the court, an individual as part of the twenty-four seven program if the individual provides documentation that the individual will be issued a temporary restricted license by the department of transportation which is conditioned on participation in the twenty-four seven program.

History. S.L. 2015, ch. 268, § 13, effective April 15, 2015.

Effective Date.

This section became effective April 15, 2015, pursuant to an emergency clause in section 15 of chapter 268, S.L. 2015.

54-12-29. Twenty-four seven sobriety program fund — Continuing appropriation.

There is created the twenty-four seven sobriety program fund to be administered by the attorney general. The fund includes appropriated funds; moneys received from grants from the United States; agencies of this state; private grants, gifts, or donations; and program fees. The funds are appropriated as a continuing appropriation to the attorney general for expenses necessary for the administration and operation of the sobriety program, including staff support, training and travel costs, computer software and hardware, testing equipment, and supplies.

Source: S.L. 2009, ch. 469, § 5.

54-12-30. Twenty-four seven sobriety program fees.

A criminal justice agency may collect program fees from offenders participating in the twenty-four seven sobriety program, including fees for twice per day breath alcohol testing, urine testing, drug patch testing, installation and deactivation fees for remote electronic alcohol monitoring devices, and remote electronic alcohol monitoring daily fees. The criminal justice agency shall pay all program fees into the general fund of the governing body. The fees may only be applied to twenty-four seven sobriety program support services, equipment maintenance and replacement, and compliance with the program. The governing body shall pay any daily fees collected for remote electronic alcohol monitoring to the twenty-four seven sobriety program fund.

Source: S.L. 2009, ch. 469, § 5.

54-12-31. Bond conditions.

A district or municipal court of this state may order an offender charged with a violation of section 39-08-01 or equivalent ordinance, domestic violence, abuse or neglect of a child, or other offense in which alcohol or controlled substances are involved to participate in the twenty-four seven sobriety program as a condition of bond.

Source: S.L. 2009, ch. 469, § 5.

54-12-32. Blue alert notice system.

1. Upon the request of a law enforcement agency that is investigating an offense against a law enforcement officer, the bureau of criminal investigation shall activate a blue alert public notice to aid in the apprehension of an individual who is a suspect in an offense if:
   1. An individual has threatened a law enforcement officer with a deadly weapon, has used a deadly weapon against a law enforcement officer, has caused a law enforcement officer to suffer serious bodily injury or death, or the officer has been abducted or is missing while on duty;
   2. The individual has fled the scene of the offense and a description of the individual or the individual’s vehicle is available for broadcast;
   3. The law enforcement agency investigating the offense has determined the individual poses a threat to the public or other law enforcement personnel; and
   4. Dissemination of available information to the public may help avert further harm or assist in the apprehension of the suspect.
2. The bureau of criminal investigation, in cooperation with the highway patrol and the division of state radio of the department of emergency services, shall prepare an operational plan to prepare for and respond to requests for activation of a blue alert notice.
3. As used in this section, the term “blue alert notice” means a quick response and notice that is issued after an individual has threatened a law enforcement officer with a deadly weapon, used a deadly weapon against a law enforcement officer, caused a law enforcement officer to suffer serious bodily injury or death, or the officer has been abducted or is missing while on duty, and the individual has left the scene of the offense.

History. S.L. 2015, ch. 376, § 1, effective March 25, 2015.

Effective Date.

This section became effective March 25, 2015, pursuant to an emergency clause in section 2 of chapter 376, S.L. 2015.

54-12-33. Human trafficking commission.

1. The attorney general may establish a human trafficking commission, comprised of designees from state, local, and tribal agencies which have contact with victims or perpetrators, nongovernmental organizations that represent or work with victims, and other organizations and individuals, including victims, whose expertise would benefit the commission. The attorney general may establish the commission by appointing an existing statewide coalition.
2. The commission shall:
   1. Collect and evaluate data on human trafficking in this state and submit an annual report to the attorney general, governor, and legislative assembly;
   2. Promote awareness and provide information to education personnel and the general public about human trafficking, victim remedies and services, and trafficking prevention;
   3. Promote training on human trafficking prevention and victim services for state and local employees who may have recurring contact with victims or perpetrators;
   4. Promote training on human trafficking investigation and prosecution and on missing and murdered indigenous people with the North Dakota state’s attorney’s association, the North Dakota peace officers standards and training board, and state and local law enforcement agencies;
   5. Present annually regarding human trafficking awareness and prevention at professional development conferences directed toward teachers, administrators, and support staff which are hosted by educational organizations in this state or by the department of public instruction; and
   6. Conduct other appropriate activities.

History. S.L. 2015, ch. 377, § 1, effective March 25, 2015; 2017, ch. 367, § 1, effective August 1, 2017; 2019, ch. 433, § 1, effective August 1, 2019; 2019, ch. 434, § 1, effective August 1, 2019.

Note.

Section 54-12-33 was amended 2 times by the 2019 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 1 of Chapter 433, Session Laws 2019, House Bill 1541; and Section 1 of Chapter 434, Session Laws 2019, House Bill 1311.

Effective Date.

This section became effective August 1, 2015.

54-12-33.1. Human trafficking prevention training — Exemptions — Immunity — Continuing appropriation.

1. As used in this section:
   1. “Human trafficking” means human trafficking as defined in chapter 12.1-41.
   2. “Human trafficking commission” means the commission established under section 54-12-33.
   3. “Lodging establishment” means any hotel, motel, resort, building, or structure that is used to provide sleeping accommodations to transient guests.
   4. “Proprietor” means the person in charge of a lodging establishment and includes an owner, lessee, and manager.
2. Within ninety days of the effective date of this section, the human trafficking commission shall establish an educational training program with a focus on the accurate and prompt identification and reporting of, or response to, suspected human trafficking. To the extent possible, the human trafficking commission shall allow the use of existing training modules and materials. The training must include:
   1. Human trafficking awareness;
   2. How to recognize potential victims of human trafficking;
   3. How to identify activities commonly associated with human trafficking; and
   4. Effective responses to human trafficking situations, including how to report suspected human trafficking to law enforcement.
3. A proprietor may:
   1. Provide each onsite employee with the training described in subsection 2.
   2. In an employee roster or in each employee’s personnel file, annually certify each employee has received the training approved by the human trafficking commission.
   3. Conduct an ongoing awareness campaign for employees which addresses the information described in subsection 2.
4. A proprietor may post and maintain a poster approved and provided by the human trafficking commission which contains the information described in subsection 2. The poster must include the contact information for an organization that provides assistance and support services to human trafficking victims. The poster may be visibly displayed at the lodging establishment’s check-in area, lobby, or transient guest services.
5. A proprietor or employee of a lodging establishment who acts in good faith is immune from liability in any civil action for reporting suspected human trafficking activities.
6. The human trafficking commission may seek, apply for, accept, and receive any donation, gift, grant, or bequest offered or tendered from public or private sources for the purpose of furthering the objectives of the human trafficking prevention training and incentivizing proprietors to participate in the human trafficking prevention training. All moneys received or accepted under this subsection are appropriated on a continuing basis to the human trafficking commission.

Source: S.L. 2019, ch. 435, § 1, effective July 1, 2019.

54-12-34. Criminal justice data information sharing system.

1. The attorney general shall maintain a criminal justice data information sharing system within the bureau of criminal investigation for the exchange of criminal justice data information by judicial, law enforcement, and emergency services agencies, and the department of transportation. Only an authorized individual employed by a criminal justice agency as defined in section 12-60-16.1, the department of transportation, a state court, or the department of emergency services or any other individual approved by the attorney general or the attorney general’s designee may access the system. For access to the criminal justice data information sharing system, an individual shall undergo a criminal history background check, including a fingerprint check, and meet eligibility access criteria in accordance with the rules adopted under this section.
2. The criminal justice data information sharing system may be accessed only in accordance with rules adopted under this section. Any law enforcement record in the possession of the attorney general through the criminal justice data information sharing system is an exempt record. Criminal justice data information about an offense committed by a child if the offense has not been transferred under section 27-20.4-21 to another court having jurisdiction of the offense and information about a child victim or witness is confidential.
3. The attorney general shall provide staff to maintain the criminal justice data information system and provide administrative support for the advisory board.
4. A criminal justice information advisory board must be appointed, consisting of:
   1. The chief justice of the supreme court or the chief justice’s designee.
   2. The director of the department of emergency services or the director’s designee.
   3. The director of the department of corrections and rehabilitation or the director’s designee.
   4. The superintendent of the state highway patrol or the superintendent’s designee.
   5. The chief of the bureau of criminal investigation, who is the chairman of the advisory board.
   6. The chief information officer of the state or the chief information officer’s designee.
   7. The director of the department of transportation or the director’s designee.
   8. A representative of a city police department, appointed by the attorney general from a list of two or more nominees from the North Dakota chiefs of police association.
   9. A representative of a county sheriff’s office, appointed by the attorney general from a list of two or more nominees from the North Dakota sheriffs and deputies association.
   10. A state’s attorney, appointed by the attorney general from a list of two or more nominees from the North Dakota state’s attorney’s association.
   11. A city government representative, appointed by the attorney general from a list of two or more nominees from the league of cities.
   12. A county government representative, appointed by the attorney general from a list of two or more nominees from the association of counties.
5. Advisory board members who are not permanent full-time state employees are entitled to compensation of seventy-five dollars per day and mileage and expenses as provided by law for state employees. With the exception of the chief of the bureau of criminal investigation, advisory board members appointed under this section serve staggered three-year terms.
6. The attorney general, after consultation with the advisory board, shall adopt rules to establish eligibility for access to the criminal justice data information sharing system; to implement the collection, storage, and sharing of criminal justice information and the systems necessary to perform those functions; and to address the operation of the advisory board.
7. The attorney general shall implement a missing person repository for authorized users to enter missing person information in accordance with rules established by the bureau of criminal investigation. Missing person information, including demographic data related to indigenous people, which is entered by an authorized user or made available to an authorized user by a federally recognized tribe in this state must be included in the repository. Records under this subsection are exempt records that may be disclosed only in accordance with bureau of criminal investigation rules.

History. S.L. 2015, ch. 37, § 9, effective July 1, 2015; 2019, ch. 436, § 1, effective August 1, 2019; 2021, ch. 175, § 8, effective August 1, 2021; 2021, ch. 245, § 42, effective July 1, 2021.

Effective Date.

This section became effective July 1, 2015.

Note.

Section 54-12-34 was amended 2 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 8 of Chapter 175, Session Laws 2021, Senate Bill 2283; and Section 42 of Chapter 245, Session Laws 2021, House Bill 1035.

54-12-35. Law enforcement officer tuition and fees waiver.

1. To the extent the annual cap under this section has not been met, an individual who is employed as a full-time law enforcement officer in this state, who has a minimum of two years of employment, and who is licensed under chapter 12-63, is entitled to a waiver of twenty-five percent of resident tuition and fees of any institution of higher education under the control of the state board of higher education if the law enforcement officer:
   1. Maintains satisfactory performance with the officer’s law enforcement agency;
   2. Obtains authorization to participate in the waiver program and a certificate of verification from the law enforcement officer’s superior officer which attests to the officer’s satisfactory performance;
   3. Meets all admission requirements of the institution; and
   4. Pursues studies leading to a degree from an associate degree program or a baccalaureate degree program.
2. The law enforcement officer may receive the waiver for up to five years from the date the law enforcement officer first receives a waiver under this section.
3. The institution of higher education shall waive twenty-five percent of the officer’s tuition and fees after subtracting awarded federal financial aid grants and state scholarships and grants for an eligible law enforcement officer during the time the officer is enrolled. To remain eligible for the waiver, the officer shall comply with all requirements of the institution for continued attendance and award of an associate degree or a baccalaureate degree.
4. The law enforcement officer shall include the certificate of verification when applying for enrollment to the institution of higher education.
5. The total amount of waivers granted each academic year by institutions under the control of the state board of higher education may not exceed five hundred thousand dollars.
6. The attorney general shall adopt the rules necessary to implement this section.

Source: S.L. 2017, ch. 28, § 11, effective July 1, 2017.

54-14-01. State auditing board — Members — Secretary — Duties — Quorum. [Repealed]

Repealed by S.L. 1973, ch. 110, § 13.

54-14-01.1. Office of the budget to assume functions of auditing board — Substitution of phrases — Legislative statement. [Repealed]

Repealed by S.L. 1997, ch. 445, § 4.

54-14-02. Meetings of board. [Repealed]

Repealed by S.L. 1973, ch. 110, § 13.

54-14-03. Powers and duties of the office of the budget. [Repealed]

Repealed by S.L. 1979, ch. 541, § 2.

54-14-03.1. Reports to legislative management budget section.

The office of the budget, in the course of the preaudit of claims against the state, or in otherwise carrying out its duties, shall note irregularities in the fiscal practices of the state and its departments, agencies, and institutions and areas where more uniform and improved fiscal procedures are desirable, and it shall further note expenditures and governmental activities that it may believe to be contrary to law or to the intent of the legislative assembly. “Irregularities” as used in this section includes the use of state funds to provide bonuses, cash incentive awards, and temporary salary adjustments for state employees. The office of the budget shall submit a detailed written report accompanied by adequate documentation to the budget section of the legislative management, or any division of the budget section designated for that purpose, setting out the irregularity, expenditure, or activity. The report must be presented at the next scheduled meeting of the budget section following the discovery of the irregularity, expenditure, or activity.

Source: S.L. 1963, ch. 352, § 7; 1973, ch. 110, § 5; 1985, ch. 3, § 5; 1987, ch. 73, § 32; 2009, ch. 482, § 98.

54-14-03.2. Claims against the state — Acts of residents of state institutions. [Repealed]

Repealed by S.L. 1995, ch. 329, § 14.

Note.

Chapter 648, S.L. 1995 (Senate Concurrent Resolution No. 4014) was not approved by the voters, (by Measure No. 2) November 5, 1996. The repeal of this section became effective upon certification by the secretary of state that the measure was not approved, on November 20, 1996.

54-14-04. Claim against state filed with office of the budget.

No bill, claim, account, or demand against the state may be audited, allowed, or paid until a full itemized statement in writing has been filed with the office of the budget, unless such bill, claim, account, or demand is:

1. For a salary fixed by law;
2. Against a state-owned utility, enterprise, or business project; or
3. Specifically exempt by law.

Source: S.L. 1901, ch. 49, § 1; R.C. 1905, § 394; S.L. 1907, ch. 261, § 1; C.L. 1913, § 657; S.L. 1915, ch. 244, § 1; 1925 Supp., § 657; R.C. 1943, § 54-1404; S.L. 1949, ch. 316, § 1; 1955, ch. 310, § 1; 1957 Supp., § 54-1404; S.L. 1965, ch. 304, § 7; 1973, ch. 110, § 6.

Cross-References.

Section inapplicable to claims against state affected by section 54-18-12, see N.D.C.C. § 54-18-12.

54-14-04.1. Departmental payrolls.

The office of the budget is authorized to issue regulations governing methods whereby the regular payrolls for each department, agency, or institution of this state may be prepared and certified by the agency concerned without individually executed or signed certificates of claim by the employees as provided in section 54-14-04. In all such cases, the warrants issued to cover such payroll items must have the required certificate printed on the back of the warrant in such manner that the endorsement of the warrant will constitute an execution of the certificate provided in section 54-14-04.

Source: S.L. 1961, ch. 330, § 1; 1973, ch. 110, § 7.

54-14-04.2. Use of electronic funds transfer systems. [Repealed]

Repealed by S.L. 1991, ch. 582, § 1.

54-14-04.3. Severance pay — Definition — Settlements.

1. For the purposes of this section, “severance pay” means compensation received, upon termination of employment, for reasons primarily beyond the control of the state employee or officer. Severance pay does not include payments made to a terminated employee or officer for accrued annual or sick leave, or compensatory leave, when such payments are authorized.
2. Except as provided in subsection 3, no state employee or officer is entitled to severance pay upon termination of employment if the employee or officer quit employment voluntarily or resigned of the person’s own accord, or was dismissed for gross neglect of duty, gross misconduct while on duty, or for other good cause. A state employee or officer may be entitled to severance pay if the employee or officer was dismissed from employment because of reductions in staff or temporary or permanent layoffs, or for other reasons primarily beyond the control of the employee or officer. This section does not affect the rights of employees or officers in salary or wage disputes which are the subject of out-of-court settlements.
3. A state agency may, within the limits of its legislative appropriations, provide financial incentives to encourage an employee to retire or resign if the resulting departure will increase agency efficiencies or reduce expenses.

Source: S.L. 1979, ch. 543, § 1; 1983, ch. 194, § 2; 1985, ch. 205, § 2; 1995, ch. 506, § 1.

54-14-05. Vouchers have penalty printed on them. [Repealed]

Repealed by S.L. 1965, ch. 304, § 9.

54-14-06. Penalty for certifying to false claim. [Repealed]

Repealed by S.L. 1975, ch. 106, § 673.

54-14-07. Office of the budget to set policy — Standard vouchers — Disapproval of claims.

In order to ensure that sufficient information is provided to verify claims and determine the exact purpose of expenditures, the office of the budget shall set policies which it deems necessary for an adequate accounting and shall direct the preparation of standard forms or vouchers upon which claims against any public fund must be submitted. The office of the budget may direct individuals or departments to maintain adequate records which they may be called upon to produce for preaudit or postaudit purposes in order to verify any information submitted upon travel vouchers or verify the correctness and lawfulness of the expenditures. The department, institution, board, commission, or agency to which a voucher is submitted shall disapprove all vouchers or expenditures it determines to be in error, unlawful, or in excess of the limits of legislative appropriation.

Source: S.L. 1965, ch. 304, § 8; 1973, ch. 110, § 8; 1991, ch. 583, § 1.

54-14-08. Withholding certain amounts from state employees’ compensation.

All departments, agencies, boards, commissions, and institutions in state government shall compute and withhold from state employees’ monetary compensation only those amounts required by law to be withheld and only those other items approved by the office of the budget. However, amounts may not be withheld or deducted from state employees’ monetary compensation for the payment of insurance premiums, except life or health insurance premiums or amounts deferred to fund a deferred compensation program, unless otherwise specifically authorized by law.

Source: S.L. 1969, ch. 439, § 1; 1973, ch. 110, § 9; 1989, ch. 3, § 9.

54-16-00.1. Definitions.

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

1. “Emergency” means either a calamity or an unforeseen happening subsequent to the time the appropriation was made and which was clearly not within the contemplation of the legislative assembly and the governor.
2. “State officer” means an elected or appointed officer, board, commission, director, or employee of the state having the authority to transfer or expend any money appropriated by the legislative assembly.

Source: S.L. 1995, ch. 507, § 1; 2003 Sp., ch. 670, § 2.

54-16-01. Emergency commission — Members — Organization — Quorum — Meetings.

The emergency commission consists of the governor, the majority leaders of the senate and house of representatives of the legislative assembly, the secretary of state, and the chairmen of the senate and house of representatives appropriations committees. If the chairman of an appropriations committee ceases to be a member of the legislative assembly, the vice chairman of that committee succeeds to that position on the commission. An appropriations committee vice chairman may serve in the place of the appropriations committee chairman as a member of the commission at the request of the appropriate appropriations committee chairman, if the appropriations committee chairman is unable to attend a commission meeting. If a majority leader ceases to be a member of the legislative assembly, the respective house’s assistant majority leader succeeds to that position on the commission. A majority leader’s assistant majority leader may serve as a member of the commission in the place of the majority leader at the request of the majority leader if that majority leader is serving on the commission in another capacity or is unable to attend a commission meeting. Four members of the commission constitute a quorum. The governor is the chairman and the secretary of state is the secretary of the commission. The commission shall meet at the call of the chairman.

Source: S.L. 1915, ch. 152, § 1; 1919 Sp., ch. 34, § 1; 1925 Supp., § 283c1; R.C. 1943, § 54-1601; S.L. 1949, ch. 317, § 1; 1957 Supp., § 54-1601; S.L. 1967, ch. 74, § 14; 1973, ch. 420, § 1; 1973, ch. 421, § 1; 1975, ch. 475, § 1; 1995, ch. 507, § 2; 1995, ch. 508, § 1; 2001, ch. 15, § 26; 2005, ch. 151, § 5.

54-16-02. Proceedings not valid unless entered in minutes.

The proceedings of the emergency commission are not valid unless entered in the commission’s minutes.

Source: S.L. 1915, ch. 152, § 1; 1919 Sp., ch. 34, § 1; 1925 Supp., § 283c1; R.C. 1943, § 54-1602; S.L. 1995, ch. 507, § 3.

54-16-03. Unlawful to expend more than appropriated — May secure approval from commission for use of other funds — Deficit void — Submission of petition to emergency commission.

1. A state officer may not expend, or agree or contract to expend, any amount in excess of the sum appropriated for that expenditure, and may not expend an amount appropriated for any specific purpose or fund or for any other purpose without prior approval in the form of a transfer approval or expenditure authorization as provided in this chapter.
2. When an emergency exists, a state officer may submit to the secretary of the emergency commission an itemized petition requesting approval to:
   1. Transfer money and spending authority between funds or line items pursuant to section 54-16-04;
   2. Accept and expend federal funds pursuant to section 54-16-04.1;
   3. Accept and expend state contingency funds pursuant to section 54-16-09;
   4. Accept and expend other funds pursuant to section 54-16-04.2; or
   5. Recommend full-time equivalent positions pursuant to section 54-16-04.3.
3. The secretary of the emergency commission shall provide a copy of each petition submitted under this section to the office of management and budget. The office of management and budget may provide an analysis and prioritization of emergency requests to the emergency commission.
4. Any petition to the emergency commission by a state officer must be considered by the emergency commission. A petition under this section must be approved or recommended by the emergency commission before submission for consideration by the budget section.
5. Any debt or deficit created by a state officer in violation of this section is void.

Source: S.L. 1915, ch. 152, § 4; 1923, ch. 2, § 1; 1925 Supp., §§ 283c4, 640a1; R.C. 1943, § 54-1603; S.L. 1967, ch. 384, § 1; 1973, ch. 421, § 2; 1995, ch. 507, § 4; 2003 Sp., ch. 670, § 3; 2021, ch. 400, § 1, effective August 1, 2021.

54-16-03.1. Submission of petition to emergency commission. [Repealed]

Source: S.L. 2003 Sp., ch. 670, § 4; 2005, ch. 485, § 1; 2009, ch. 470, § 1; 2011, ch. 41, § 28; repealed by 2021, ch. 400, § 2, effective August 1, 2021.

54-16-04. May order transfer of moneys between funds — Line item transfers — Order may draw from state treasury.

The emergency commission, upon the advice of the office of management and budget, may order money or spending authority transferred from one fund or line item to another fund or line item belonging to or appropriated for the same institution or board or the same state enterprise, may order a transfer of spending authority from the state contingencies appropriation, or, in an extremity, may authorize money to be drawn from the state treasury to meet the emergency until the legislative assembly can make an appropriation available. The following transfers, if authorized by the emergency commission, require the approval of the budget section of the legislative management:

1. A transfer of moneys or spending authority which would eliminate or make impossible the accomplishment of a program or objective funded by the legislative assembly.
2. A transfer exceeding fifty thousand dollars from one fund or line item to another fund or line item, unless the transfer is necessary to comply with a court order or to avoid:
   1. An imminent threat to the safety of people or property due to a natural disaster or war crisis; or
   2. An imminent financial loss to the state.

Source: S.L. 1915, ch. 152, § 2; 1925 Supp., § 283c2; R.C. 1943, § 54-1604; S.L. 1965, ch. 347, § 1; 1967, ch. 384, § 2; 1995, ch. 54, § 40; 1995, ch. 507, § 5; 1995, ch. 508, § 2; 1997, ch. 445, § 3; 2003 Sp., ch. 670, § 5; 2009, ch. 482, § 98.

Cross-References.

Audit of emergency commission expenditures by state auditor, see N.D.C.C. § 54-10-01.1.

Emergency fund in case of epidemic of diseases among domestic animals or nontraditional livestock, see N.D.C.C. § 36-01-19.

54-16-04.1. May authorize acceptance and disbursement of federal funds.

1. The emergency commission, upon the advice and counsel of the office of management and budget, may authorize the state treasurer to receive any moneys not appropriated by the legislative assembly which are made available by any federal agency and which the legislative assembly has not indicated an intent to reject.
2. The emergency commission may authorize passthrough federal funds from one state agency to another state agency.
3. The emergency commission, with approval of the budget section of the legislative management if the amount under consideration exceeds fifty thousand dollars but does not exceed three million dollars, may authorize any state officer to receive and expend federal moneys from the date such moneys become available until June thirtieth following the next regular legislative session.
4. The emergency commission, with approval of the budget section of the legislative management if the amount under consideration exceeds three million dollars, may authorize any state officer to receive and expend federal moneys from the date such moneys become available until June thirtieth following the next regular legislative session. The budget section may approve a request under this subsection in the form received from the emergency commission or may amend and approve a request. A request amended and approved by the budget section is deemed to be approved by the emergency commission. Any request considered by the budget section must comply with section 54-35-02.9.
5. Any federal funds made available to this state which are not for a specific purpose or program and which are not required to be spent prior to the next regular legislative session, upon the approval for acceptance by the emergency commission and the budget section of the legislative management, must be deposited into a special fund until the legislative assembly appropriates the funds.
6. 1. Approval by the budget section of the legislative management is not required for the acceptance of federal funds if the acceptance is necessary to avoid an imminent threat to the safety of people or property due to a natural disaster or war crisis or an imminent financial loss to the state.
   2. Budget section approval is required under this section before the expenditure of any funds accepted under these conditions.
7. The expenditures must be consistent with state law and with the terms of the grant and the program may not commit the legislative assembly for matching funds in the future unless the program has first been approved by the legislative assembly.
8. A state officer may not expend funds received from the federal government which have not been specifically appropriated by the legislative assembly except as provided in this chapter.
9. A state officer shall submit an expenditure plan with a request for approval under this section of expenditure of federal funds combined with or as part of a block grant for a new or existing program.
10. The aggregate amount of requests to expend funds that may be approved each biennium under this section may not exceed fifty million dollars. Any request received under this section which, if approved, would result in more than fifty million dollars of funds being approved for expenditure under this section during the biennium may be approved only by the legislative assembly during a regular legislative session or during a special legislative session called by the governor.
11. Any request received under this section to expend funds received through a federal act that makes available more than fifty million dollars to the state may be approved only by the legislative assembly during a regular legislative session or a special legislative session called by the governor.
12. Subsections 10 and 11 do not apply to federal highway administration emergency relief funding received by the state or to disaster or emergency recovery funding received by the state pursuant to section 37-17.1-23.

Source: S.L. 1985, ch. 563, § 1; 1995, ch. 507, § 6; 1995, ch. 508, § 3; 1999, ch. 37, § 31; 2003 Sp., ch. 670, § 6; 2005, ch. 486, § 1; 2009, ch. 482, § 98; 2021, ch. 401, § 1, effective April 29, 2021.

54-16-04.2. Commission may authorize acceptance and expenditure of moneys.

1. Upon a finding that an emergency exists, the emergency commission, upon the advice of the office of management and budget, with approval of the budget section of the legislative management if the amount under consideration exceeds fifty thousand dollars but does not exceed three million dollars, may authorize a state officer to receive and expend moneys from gifts, grants, donations, or other sources, not otherwise appropriated by the legislative assembly, for new or existing programs if the legislative assembly has not indicated an intent to reject the moneys or the program.
2. Upon a finding that an emergency exists, the emergency commission, upon the advice of the office of management and budget, with approval of the budget section of the legislative management if the amount under consideration exceeds three million dollars , may authorize a state officer to receive and expend moneys from gifts, grants, donations, or other sources, not otherwise appropriated by the legislative assembly, for new or existing programs if the legislative assembly has not indicated an intent to reject the moneys or the program. The budget section may approve a request under this subsection in the form received from the emergency commission or may amend and approve a request. A request amended and approved by the budget section is deemed to be approved by the emergency commission. Any request considered by the budget section must comply with section 54-35-02.9.
3. A state officer receiving authorization to expend money under this section may expend the money from the date the money becomes available until June thirtieth following the next regular legislative session. Approval by the budget section of the legislative management is not required for the acceptance of moneys under this section if the acceptance is necessary to avoid an imminent threat to the safety of people or property due to a natural disaster or war crisis or an imminent financial loss to the state. Budget section approval is required before the expenditure of any funds accepted under these conditions.
4. The aggregate amount of requests to expend funds which may be approved each biennium under this section may not exceed five million dollars. Any request received under this section which, if approved, would result in more than five million dollars being approved for expenditures under this section during the biennium may be approved only by the legislative assembly during a regular legislative session or during a special legislative session called by the governor.

Source: S.L. 1991, ch. 584, § 1; 1995, ch. 37, § 11; 1995, ch. 507, § 7; 1995, ch. 508, § 4; 1999, ch. 37, § 32; 2003 Sp., ch. 670, § 7, 2009, ch. 482, § 98; 2021, ch. 401, § 2, effective April 29, 2021.

54-16-04.3. Commission may recommend full-time equivalent positions — Budget section approval.

On the advice of the office of management and budget and upon the recommendation of the emergency commission, the budget section of the legislative management may authorize a state officer to employ full-time equivalent positions in addition to those authorized by the legislative assembly. The authority to employ a full-time equivalent position under this section is effective only for the remainder of the biennium during which the authority is granted by the budget section.

Source: S.L. 2009, ch. 470, § 2.

54-16-05. Penalty for expending more than appropriated.

Any state officer who violates section 54-16-03 is guilty of a class B misdemeanor.

Source: S.L. 1923, ch. 2, § 2; 1925 Supp., § 640a2; R.C. 1943, § 54-1605; S.L. 1975, ch. 106, § 582; 1995, ch. 507, § 8.

54-16-06. Report to emergency commission and legislative audit and fiscal review committee by board or officer when expenditure authorized. [Repealed]

Repealed by S.L. 1977, ch. 483, § 2.

54-16-07. Failure to make report — False report — Penalty. [Repealed]

Repealed by S.L. 1975, ch. 106, § 673.

54-16-08. State contingencies appropriation.

The legislative assembly may appropriate moneys to the office of management and budget for state contingencies as provided in this chapter. Any state agency, board, commission, or officer authorized by the emergency commission to spend moneys from the state contingencies appropriation must return any unspent moneys of the appropriation within the biennium that it was authorized.

Source: S.L. 1899, ch. 66, §§ 1, 2; R.C. 1899, §§ 338a, 338b; R.C. 1905, §§ 387, 388; C.L. 1913, §§ 647, 648; S.L. 1915, ch. 26, § 1; 1941, ch. 33, § 1; R.C. 1943, § 54-1608; S.L. 1959, ch. 372, § 84; 1995, ch. 507, § 9; 1997, ch. 446, § 2.

54-16-09. Transfer of spending authority from state contingencies appropriation.

The emergency commission, upon the advice of the office of management and budget, may order a transfer of spending authority from the state contingencies appropriation, which must be deducted from the state contingencies line item in the appropriation to the office of management and budget and added to the appropriate line item in the appropriation of the state officer who requested the transfer. The emergency commission, with approval of the budget section of the legislative management if the amount under consideration exceeds fifty thousand dollars, shall certify, by an approved motion recorded in its minutes, that the material, services, or purposes for which the authority was transferred are necessary and proper expenditures and, if an appropriation for that purpose was made by the legislative assembly, that the appropriation for that purpose is insufficient. Approval by the budget section of the legislative management is not required if the transfer is necessary to avoid an imminent threat to the safety of people or property due to a natural disaster or war crisis or an imminent financial loss to the state.

Source: S.L. 1915, ch. 26, § 2; 1925 Supp., § 283c10; R.C. 1943, § 54-1609; S.L. 1959, ch. 372, § 84(a); 1965, ch. 347, § 2; 1995, ch. 507, § 10; 2003 Sp., ch. 670, § 8; 2009, ch. 482, § 98.

54-16-10. Departmental emergency funds — Penalty. [Repealed]

Repealed by S.L. 2003, ch. 670, § 10.

54-16-11. Departmental emergency fund consideration. [Repealed]

Repealed by S.L. 2003, ch. 670, § 10.

54-16-11.1. Emergency commission may increase revenues and appropriation authority for intergovernmental service fund agencies.

Upon presentation of a petition establishing that an emergency exists and the necessity for increased appropriation authority, the emergency commission shall meet to determine if additional demand from state agencies requires an increase in appropriation authority and revenue receipts for the information technology department, central duplicating, surplus property, or roughrider industries division of the department of corrections and rehabilitation.

Source: S.L. 1979, ch. 544, § 1; 1987, ch. 40, § 4; 1989, ch. 51, § 4; 1989, ch. 642, § 1; 1995, ch. 507, § 13; 1999, ch. 483, § 20; 2003 Sp., ch. 670, § 9; 2005, ch. 485, § 2.

Cross-References.

Information technology department, see N.D.C.C. ch. 54-59.

Central duplicating service, see N.D.C.C. § 54-44-04.

Central microfilm unit, see N.D.C.C. ch. 54-46.1.

54-16-12. Board of higher education land acquisition approval.

The emergency commission may approve the acquisition of property near one of the state institutions of higher education, and if requested and found necessary may make funds available from the state contingencies appropriation to the board of higher education for the purpose of acquiring the property if the emergency commission finds that:

1. The property is needed for expansion in the foreseeable future;
2. The property in all probability will not again be offered for sale at a similar price in the foreseeable future; and
3. The legislative assembly has not previously rejected a similar request and the time during which the purchase must be consummated does not permit obtaining a legislative appropriation.

Determination that an emergency exists is not a condition precedent to the approval of a purchase or a grant of funds from the state contingencies appropriation under this section.

Source: S.L. 1965, ch. 348, § 1; 1995, ch. 507, § 14.

54-16-13. Authority to borrow funds for a disaster — Continuing appropriation.

Any board, agency, commission, or officer of the state, subject to the approval of the emergency commission, may borrow moneys from the Bank of North Dakota for the purpose of responding to a disaster within the state as declared by the governor pursuant to chapter 37-17.1. The amount of moneys borrowed is limited to the amount of any estimated federal reimbursement for repair, recovery, or response relating to a disaster within the state, unless the state contingencies appropriation is inadequate to pay the estimated state share of the costs, then moneys may be borrowed up to one hundred percent of the costs incurred by the agency. Any interest payments on the funds borrowed must be paid from funds available to the agency from the state contingencies appropriation as authorized by the emergency commission or other funds as authorized by the emergency commission. Any moneys borrowed from the Bank of North Dakota pursuant to this section are hereby appropriated and may be spent by the board, agency, commission, or officer of this state for the repair, recovery, or response relating to a disaster within the state. If it appears to the borrower that at the end of the biennium the amount available to repay the amount borrowed plus interest is insufficient to totally repay the Bank of North Dakota, the borrower shall request from the legislative assembly a deficiency appropriation sufficient for the repayment of the amount borrowed plus interest.

Source: S.L. 1997, ch. 446, § 1.

54-17-01. Industrial commission to manage industries of state and to act as a state housing finance agency.

The commission created to conduct and manage, on behalf of the state of North Dakota, certain utilities, industries, enterprises, including housing finance programs, and business projects established by law must be known as the industrial commission of North Dakota, but may be designated as the industrial commission. In the creation of the industrial commission, it is the intention of the legislative assembly that all acts of the industrial commission are the acts of the state of North Dakota functioning in its sovereign capacity.

Source: S.L. 1919, ch. 151, § 1; 1925 Supp., § 368a1; S.L. 1933, ch. 191, § 1; R.C. 1943, § 54-1701; S.L. 1981, ch. 524, § 1; I.M. approved November 4, 1980, S.L. 1981, ch. 650, § 1.

Cross-References.

Investment of state funds, commission approval required, see N.D.C.C. §§ 54-27-16, 54-27-17.

54-17-02. Industrial commission — Members — Quorum — Meetings.

The industrial commission of North Dakota shall consist of the governor, the attorney general, and the agriculture commissioner. The governor and one member constitute a quorum for the transaction of business. The meetings of the commission must be held at such times and places as the governor or a majority of the commission may determine. It must be provided by the proper authorities with suitably furnished offices at the seat of government.

Source: S.L. 1919, ch. 151, § 2; 1925 Supp., § 368a2; S.L. 1933, ch. 191, § 1; R.C. 1943, § 54-1702; S.L. 1967, ch. 74, § 15.

54-17-03. Chairman and attorney — Secretary — Employees — Compensation — Bonds.

The governor is the chairman of the industrial commission, and its attorney is the attorney general. The commission shall appoint a secretary and may employ other subordinate officers, employees, and agents, on such terms as the commission determines proper. The commission may require suitable bonds of its secretary or other subordinate officers, employees, or agents. The commission shall fix the amount of the compensation of the commission’s secretary, officers, employees, and agents and the secretary’s salary may exceed the maximum salary in the grade established for the classification assigned under chapter 54-44.3. The compensation, together with other expenditures for operation and maintenance of the general business of the commission, must remain within the appropriation available in each year for such purpose. The commission may set the compensation, within the limits of legislative appropriation, for members of a board, committee, or council that advises the commission. Notwithstanding any other provision of law, the compensation for any board, committee, or council member may include reimbursement for expenses, a salary, a per diem, or a combination of the three, as set by the commission.

Source: S.L. 1919, ch. 151, § 3; 1925 Supp., § 368a3; R.C. 1943, § 54-1703; S.L. 1983, ch. 558, § 1; 2005, ch. 42, § 29; 2005, ch. 487, § 2.

54-17-04. Seal of commission.

The industrial commission shall adopt and procure an official seal and may authenticate therewith its documentary acts.

Source: S.L. 1919, ch. 151, § 4; 1925 Supp., § 368a4; S.L. 1933, ch. 191, § 1; R.C. 1943, § 54-1704.

54-17-05. Orders of commission — Approval by majority.

All orders, rules, regulations, bylaws, and written contracts, adopted or authorized by the industrial commission, before becoming effective, must be approved by a majority of the commission.

Source: S.L. 1919, ch. 151, § 4; 1925 Supp., § 368a4; S.L. 1933, ch. 191, § 1; R.C. 1943, § 54-1705; S.L. 1973, ch. 422, § 1.

54-17-06. Biennial report.

The industrial commission shall submit a biennial report to the governor and the secretary of state in accordance with section 54-06-04. The report must contain a meaningful financial statement of each utility, industry, enterprise, and business project under its control.

Source: S.L. 1919, ch. 151, § 6; 1925 Supp., § 368a6; R.C. 1943, § 54-1706; S.L. 1963, ch. 346, § 61; 1973, ch. 403, § 46; 1975, ch. 466, § 50; 1995, ch. 350, § 47.

54-17-07. Industries under the industrial commission — Income on deposits and investments.

The industrial commission shall operate, manage, control, and govern all utilities, industries, enterprises, and business projects established, owned, undertaken, administered, or operated by the state of North Dakota, except those carried on in penal, charitable, or educational institutions or those conducted pursuant to chapter 65-08.1. All income earned on state moneys that are deposited or invested to the credit of the industrial commission or any agency, utility, industry, enterprise, or business project operated, managed, controlled, or governed by the industrial commission must be added to and become a part of such moneys.

Source: S.L. 1919, ch. 151, § 5; 1925 Supp., § 368a5; R.C. 1943, § 54-1707; S.L. 1991, ch. 578, § 4; 1993, ch. 631, § 7.

Cross-References.

Control of coal exploration, see N.D.C.C. ch. 38-12.1.

Control of disposal of nuclear and other waste material, see N.D.C.C. ch. 23-20.2.

Control of gas and oil resources, see N.D.C.C. ch. 38-08.

Control of geothermal resource development, see N.D.C.C. ch. 38-19.

Control of subsurface mineral development and production, see N.D.C.C. ch. 38-12.

Industrial commission to receive assets of North Dakota rural rehabilitation corporation upon dissolution, see N.D.C.C. § 10-12-04.

54-17-07.1. Advisory board — Rules.

The industrial commission shall appoint a six-member advisory board consisting of representatives of lenders, the residential real estate industry, the mobile home and manufactured housing industry, and homeowners and buyers, and in consultation with such board may adopt rules and regulations for the conduct of its housing finance program which may, among other matters, establish requirements for the type and purchase price of dwelling units and multifamily facilities eligible to be financed, the income limits for eligible low or moderate income persons or families, the interest rates and other terms of mortgage loans to be financed, requirements relating to federal or private mortgage insurance or guarantees, and the general terms and conditions for the issuance and security of housing revenue bonds to be issued.

Source: I.M. approved November 4, 1980, S.L. 1981, ch. 650, § 2; S.L. 1981, ch. 524, § 2.

54-17-07.2. Definitions.

As used in sections 54-17-07.1 through 54-17-07.7 and section 54-17-07.10:

1. “Lenders” means any bank or trust company chartered by the state of North Dakota or any national banking association located in North Dakota, state or federal savings and loan association located in North Dakota, and federal housing administration approved mortgagee or other mortgage banking institutions actively engaged in home mortgage lending in North Dakota approved by the industrial commission.
2. “Multifamily housing facility” means any facility containing four or more residential dwelling units; provided, that at least twenty percent of the units in each facility must be held for occupancy by persons or families of low and moderate income for such period of time as the industrial commission may determine and may include such related public or private facilities intended for commercial, cultural, recreational, community, or other civic purpose as the commission may approve.
3. “Persons and families of low or moderate income” means persons or families whose financial means are insufficient, taking into account such factors as the industrial commission shall deem relevant, to secure decent, safe, and sanitary housing provided by private industry without the financial assistance afforded by the housing finance programs of the commission.
4. “Single-family residential dwelling unit” means any residential real property that:
   1. Is designed for occupancy by one to four individual households;
   2. Is an individual condominium or equity cooperative unit; or
   3. Is an individual nonrental dwelling unit the ownership of which includes rights of facilities in common.

Source: I.M. approved November 4, 1980, S.L. 1981, ch. 650, § 2; S.L. 1981, ch. 524, § 3; 1991, ch. 585, § 1; 1995, ch. 509, § 1; 2011, ch. 398, § 1; 2013, ch. 405, § 1.

Effective Date.

The 2013 amendment of this section by section 1 of chapter 405, S.L. 2013 became effective March 27, 2013, pursuant to an emergency clause in section 3 of chapter 405, S.L. 2013.

54-17-07.3. Housing finance programs.

Acting in its capacity as a state housing finance agency, the industrial commission is authorized to establish the following housing finance programs:

1. Home mortgage finance program. A program or programs to provide financing or refinancing of loans made by lenders, including second mortgage loans and leasehold mortgage loans on tribal trust or other reservation lands, and leasehold mortgage loans that are insured, guaranteed, or assisted through an affordable housing program, to persons or families of low and moderate income for the purchase or substantial rehabilitation of owner occupied, single-family residential dwelling units, which includes mobile homes and manufactured housing. The commission may also authorize a program to provide refinancing of loans previously made by lenders and purchased under the home mortgage finance program.
2. Mobile home and manufactured housing finance program. A program or programs to provide for the purchase or guaranty of a loan made by a lender to finance the purchase of a mobile home or a manufactured housing unit other than on a real property mortgage basis. A program authorized under this subsection may provide assistance in the development of low-income to moderate-income housing or to otherwise assist a developing community in the state address an unmet housing need or alleviate a housing shortage.
3. Multifamily housing finance program. A program or programs to provide financing directly or indirectly of construction, permanent, and combined construction and permanent mortgage loans, including participations in mortgage loans, for the acquisition, construction, refurbishing, reconstruction, rehabilitation, or improvement of multifamily housing facilities. As part of the program, the industrial commission, acting in its capacity as a state housing finance agency, may enter a public and private partnership with any interested private entity and accept any gift, grant, or other type of financial aid or assistance, including a contribution to the housing incentive fund, to provide financing for the construction or rehabilitation of a multifamily housing facility in a developing community in the state to address an unmet housing need or alleviate a housing shortage. A private entity participating in this program may reserve a proportionate share of available units in the facility for occupancy by its workforce based on its financial participation in the facility, in addition to any units held for occupancy by individuals or families of low or moderate income.
4. Mortgage loan financing program. A program or programs to provide for the purchase or guaranty of a temporary or permanent mortgage loan originated by a lender on residential real property or on land to be developed into residential real property, in addition to a mortgage loan acquired or to be acquired under subsections 1 through 3. A program authorized under this subsection may provide assistance in the development of low to moderate income housing or to otherwise assist a developing community in the state address an unmet housing need or alleviate a housing shortage.
5. Home improvement finance program. A program or programs to provide full or partial, indirect financing of improvements to existing residential dwelling units.
6. Housing grant program. A program or programs to provide a grant other than those authorized by section 54-17-07.6 to encourage and promote housing availability for persons of low or moderate income or to otherwise assist a developing community in this state address an unmet housing need or alleviate a housing shortage.
7. Residential mortgage program. A program or programs to originate residential mortgages if private sector mortgage loan services are not reasonably available. Under this program, a local financial institution or credit union may assist the agency with receiving loan applications, gathering required documents, ordering legal documents, and maintaining contact with borrowers. The applicant must be referred to the agency by a local financial institution or credit union. The agency shall provide all regulatory disclosures, process and underwrite loans, prepare closing documents, and distribute loan funds. A loan under this program may be issued only for an owner-occupied primary residence.
8. The housing finance agency may purchase, service, and sell residential real estate loans secured by a first mortgage lien on real property originated by financial institutions. The loans may be held in the agency’s portfolio or sold on the secondary market with servicing retained. All loans with a loan-to-value ratio exceeding eighty percent and not guaranteed by a federal agency must be insured by an approved mortgage insurance company.

Source: S.L. 1981, ch. 524, § 4; 1983, ch. 559, § 1; 1991, ch. 586, § 1; 1991, ch. 587, § 1; 1991, ch. 588, § 1; 1995, ch. 509, § 2; 1997, ch. 447, §§ 1, 2; 2007, ch. 18, § 34; 2009, ch. 471, § 1; 2013, ch. 405, § 2; 2013, ch. 406, § 1; 2021, ch. 42, § 25, effective July 1, 2021.

Effective Date.

The 2013 amendment of this section by section 2 of chapter 405, S.L. 2013 became effective March 27, 2013, pursuant to an emergency clause in section 3 of chapter 405, S.L. 2013.

The 2013 amendment of this section by section 1 of chapter 406, S.L. 2013 became effective May 7, 2013, pursuant to an emergency clause in section 7 of chapter 406, S.L. 2013.

Collateral References.

Bank’s liability to real property purchaser for misrepresentation respecting purchaser’s obtaining government guaranteed or subsidized loan, 37 A.L.R.4th 773.

54-17-07.4. Housing revenue bonds.

In order to fund its housing finance programs, the industrial commission is authorized to issue and refund revenue bonds or evidences of debt and indebtedness of the state. The principal of and interest on such bonds are payable only from revenues generated under the applicable housing finance programs. The bonds may not constitute a debt of the state of North Dakota and must contain a statement to that effect on their face. The bonds may be sold at public or private sale, must mature not more than fifty years from their date or dates, and must contain such terms and provisions as the commission shall determine. The commission may capitalize from bond proceeds all expenses incidental to the issuance of the bonds or to the applicable housing finance program, including, without limitation, any reserves for the payment of the bonds.

Source: S.L. 1981, ch. 524, § 5; 1985, ch. 564, § 1; 1995, ch. 509, § 3.

54-17-07.5. State reallocation under the Mortgage Subsidy Bond Tax Act of 1980. [Repealed]

Repealed by S.L. 1987, ch. 630, § 1.

54-17-07.6. Acceptance of grants, contributions, loans, or other aid.

Acting in its capacity as a state housing finance agency, the industrial commission may contract for, accept, and administer any grant, contribution, or loan of funds, property, or other aid in any form from the federal government or from any other source, and may do all things necessary to qualify for any grant, contribution, or loan under any federal program, including those things necessary to qualify for assistance under the federal housing programs in effect from time to time. Upon submission of written notice to the industrial commission, a housing authority established under chapter 23-11 may elect to exercise the authority granted to the industrial commission under this section and preempt the industrial commission from acting with regard to tenant-based housing certificates and vouchers or successor programs within the area of operation of that housing authority or may elect to enter an agreement with the industrial commission to accept, exercise, and administer any housing aid or assistance upon the terms and conditions agreed upon by the parties. For the purposes of this section, “area of operation” includes any political subdivision that lawfully contracts with the local housing authority to act as a local housing authority for that political subdivision and any political subdivision that has its certificates and vouchers or successor programs assigned by the industrial commission to the local housing authority under an agreement between the local housing authority and the industrial commission.

Source: S.L. 1919, ch. 151, § 6; 1925 Supp., § 368a6; R.C. 1943, § 54-1706; S.L. 1963, ch. 346, § 61; 1973, ch. 403, § 46; 1993, ch. 258, § 2; 1999, ch. 456, § 1.

54-17-07.7. Terms of loans.

Notwithstanding any other provision of law, the industrial commission is authorized to require, as a condition of the origination of loans and mortgage loans made pursuant to any of its housing finance programs or purchase of loans and mortgage loans to be purchased by it, prepayment penalties, restrictions upon assumability, default provisions, rights to accelerate, rights to increase the interest rate, and any other terms the commission may determine to be necessary or desirable to assure the repayment of its housing revenue bonds and, unless such conditions of origination or other terms are not required by the commission, the exemption from federal income taxes of the interest payable on its housing revenue bonds under the Internal Revenue Code of 1986. All such terms are enforceable by the originator, the commission, or any successor holder of the loans or mortgage loans unless expressly waived in writing by or on behalf of the commission.

Source: S.L. 1981, ch. 524, § 8; 1983, ch. 559, § 2; 1985, ch. 566, § 1; 1989, ch. 643, § 1.

54-17-07.8. Confidentiality of housing finance agency records.

The following records of the housing finance agency are confidential and are not public records:

1. Personal or financial information of a participant in any of the housing finance agency’s programs, obtained directly or indirectly, except for routine credit inquiries or as required by court order.
2. Internal or interagency memorandums or letters of a personal nature which are not available by law to a party, except insofar as they are available in litigation with the agency.
3. Personal financial statements which the industrial commission requires of any housing finance agency employee or member of the housing finance agency’s advisory board.

Source: S.L. 1985, ch. 567, § 1.

54-17-07.9. Execution of instruments.

In the absence of any provision regulating the execution and acknowledgment of conveyances, transfers, assignments, releases, satisfactions, or other instruments affecting liens on, title to, or interest in real estate, the executive director or the director of financial programs may execute and acknowledge such instruments on behalf of the industrial commission acting as the North Dakota housing finance agency.

Source: S.L. 1985, ch. 568, § 1.

54-17-07.10. Housing acquisition program.

The industrial commission may establish a program or programs to provide housing for persons of low or moderate income, through the acquisition of residential real property and related personal property or interests therein through purchase, lease, gift, grant, bequest, or otherwise to maintain, repair, improve, sell, or convey leasehold interests in that real and personal property to, or for the benefit of, persons of low or moderate income. Property acquired under this section is subject to property and special assessment taxes in a manner consistent with and equal to other property of equal value within the respective taxing districts where the property is located. Taxes on any property acquired under this section must be paid in a timely manner for any year or pro rata portion of a year by any housing authority or housing acquisition organization holding title to the property.

Source: S.L. 1991, ch. 585, § 2.

54-17-07.11. Pledges.

Any pledge made by the industrial commission acting in its capacity as the state housing finance agency is valid and binding from the time the pledge is made. The money and property pledged and received by the industrial commission acting in its capacity as the state housing finance agency, except for general agency money or property, is immediately subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of any pledge is valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the industrial commission acting in its capacity as the state housing finance agency, irrespective of whether the parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created is required to be recorded to constitute constructive notice of the existence of the pledge.

Source: S.L. 1995, ch. 509, § 4.

54-17-07.12. Housing finance agency as wholesale servicing mortgage lender. [Repealed]

Source: S.L. 2013, ch. 407, § 1; repealed by 2021, ch. 42, § 29, effective July 1, 2021.

54-17-07.13. Criminal history record checks.

The executive director of the housing finance agency may require an applicant for employment to submit to a criminal history record check under section 12-60-24.

Source: S.L. 2019, ch. 101, § 2, effective August 1, 2019.

54-17-08. Commission to make rules for its procedure — General powers of commission.

The industrial commission shall make rules and regulations for its own procedure. It may do any and all things necessary or expedient in conducting the business of the industries, utilities, enterprises, and business projects under its control.

Source: S.L. 1919, ch. 151, § 5, subs. i; 1925 Supp., § 368a5, subs. i; R.C. 1943, § 54-1708.

54-17-09. Industrial commission to determine place of business of industries — Rules made by commission.

The industrial commission shall:

1. Determine the location of all utilities, industries, enterprises, and business projects established, owned, undertaken, administered, or operated by the state.
2. Make rules, regulations, orders, and bylaws for the management and operation, and for the transaction of the business, of such utilities, industries, enterprises, and business projects.

Source: S.L. 1919, ch. 151, § 5, subss. a, f; 1925 Supp., § 368a5, subss. a, f; R.C. 1943, § 54-1709.

54-17-10. Powers and duties of commission in operating industries.

In the management, operation, and control of all utilities, industries, enterprises, and business projects established, owned, undertaken, administered, or operated by the state, and to accomplish the purposes of this chapter, the industrial commission shall:

1. Acquire by purchase, lease, or, subject to chapter 32-15, by exercise of the right of eminent domain, all necessary property or property rights, and hold and possess or sell the whole or any part thereof.
2. Construct and reconstruct necessary buildings on the properties acquired.
3. Equip, maintain, repair, and alter any and all properties acquired and the improvements thereon.
4. Generally use properties acquired and improvements made so as to promote such utilities, industries, enterprises, and business projects.

Source: S.L. 1919, ch. 151, § 5, subs. b; 1925 Supp., § 368a5, subs. b; R.C. 1943, § 54-1710; 2007, ch. 293, § 35.

54-17-11. Manager and employees of industries — Commission to appoint — Compensation.

The industrial commission shall appoint a manager and all necessary subordinate officers and employees of and for each utility, industry, enterprise, and business project established, owned, undertaken, administered, or operated by the state. It may constitute such manager its general agent in the performance of its duties in the particular utility, industry, enterprise, or business project in which the manager is engaged, but subject, nevertheless, in such agency to the supervision, limitation, and control of the commission. It shall employ such contractors, architects, builders, attorneys, sales agents, clerks, accountants, and other experts, agents, and servants, as in the judgment of the commission the interests of the state may require, and shall define the duties, designate the titles, and fix the compensation and bonds of all persons so engaged.

Source: S.L. 1919, ch. 151, § 5, subs. c; 1925 Supp., § 368a5, subs. c; R.C. 1943, § 54-1711.

54-17-12. Manager shall appoint necessary employees.

Subject to the control and regulation of the industrial commission, the manager of any utility, industry, enterprise, or business project established, owned, undertaken, administered, or operated by the state shall appoint and employ such deputies, assistants, and other subordinates, and such contractors, architects, builders, attorneys, sales agents, clerks, accountants, and other experts, agents, and servants, as in the manager’s judgment are required by the interests of the utility, industry, enterprise, or business project of which the manager is in charge.

Source: S.L. 1919, ch. 151, § 5, subs. c; 1925 Supp., § 368a5, subs. c; R.C. 1943, § 54-1712.

54-17-13. Compensation of employees and expenditures remain within appropriation.

The total compensation of the appointees and employees of each utility, industry, enterprise, or business project established, owned, undertaken, administered, or operated by the state, together with other expenditures for the operation and maintenance thereof, must remain within the appropriation and earnings lawfully available in each year for such purposes.

Source: S.L. 1919, ch. 151, § 5, subs. c; 1925 Supp., § 368a5, subs. c; R.C. 1943, § 54-1713.

54-17-14. Removal and discharge of appointees.

The industrial commission may remove and discharge any and all persons appointed in the exercise of the powers granted by this chapter, whether by the commission or by any manager of any utility, industry, enterprise, or business project of the state. Any such removal may be made whenever in the judgment of the commission the public interests require it. All appointments and removals contemplated by this chapter must be made as the commission shall deem most fit to promote the efficiency of the public service.

Source: S.L. 1919, ch. 151, § 5, subs. d; 1925 Supp., § 368a5, subs. d; R.C. 1943, § 54-1714.

54-17-15. Commission to fix prices of things bought and sold by industry.

The industrial commission shall fix the buying prices of things bought, and the selling prices of things sold, incidental to any utility, industry, enterprise, or business project of the state, and shall fix the rates and charges for any and all services rendered thereby. In fixing such prices, rates, and charges, the commission shall make provision for accumulating a fund with which to replace, in the general fund of the state, any amount received from the state.

Source: S.L. 1919, ch. 151, § 5, subs. e; 1925 Supp., § 368a5, subs. e; R.C. 1943, § 54-1715.

54-17-16. Investigation conducted by commission.

The industrial commission shall conduct investigations of all matters directly or indirectly connected with, or bearing upon the success of, any of the utilities, industries, enterprises, and business projects under its management, and of all matters which directly or indirectly may affect the methods, operations, processes, products, or results thereof. In aid of any such investigation the commission may summon and compel the attendance of witnesses and examine them under oath. Any member of the commission may administer such oath. It shall have access to, and may order the production of, all books, accounts, papers, and property material to such investigation. Witnesses other than those in the employ of the state are entitled to the same fees as witnesses in civil cases in the district court.

Source: S.L. 1919, ch. 151, § 5, subs. h; 1925 Supp., § 368a5, subs. h; R.C. 1943, § 54-1716.

Cross-References.

Witness fees in civil cases, see N.D.C.C. § 31-01-16.

54-17-17. Witnesses not excused from testifying — Not subject to prosecution.

In an investigation made by the industrial commission under the provisions of this chapter, the claim that any testimony or evidence sought to be elicited or produced on the examination may tend to incriminate the person giving or producing it, or may expose the person to public ignominy, does not excuse the person from testifying or producing evidence, documentary or otherwise, but no person may be prosecuted or subjected to any penalty or forfeiture for and on account of any matter or thing concerning which the person may testify or produce such evidence. Such person is not exempted from prosecution and punishment for perjury committed in so testifying.

Source: S.L. 1919, ch. 151, § 5, subs. h; 1925 Supp., § 368a5, subs. h; R.C. 1943, § 54-1717.

54-17-18. Testimony transcribed and filed in office of commission — Public record.

The industrial commission shall cause the testimony taken at an investigation held under the provisions of this chapter to be transcribed and filed in the office of the commission, at the seat of government, within ten days after it is taken, or as soon thereafter as practicable. When so filed it must be open for inspection by any person.

Source: S.L. 1919, ch. 151, § 5, subs. h; 1925 Supp., § 368a5, subs. h; R.C. 1943, § 54-1718.

54-17-19. Failure to testify or produce evidence — Contempt.

Any person failing or refusing to obey the order of the industrial commission issued upon an investigation, or to give or produce evidence when required, must be reported by the commission to the district court or any judge thereof, and must be dealt with by the court or judge as for contempt of court.

Source: S.L. 1919, ch. 151, § 5, subs. h; 1925 Supp., § 368a5, subs. h; R.C. 1943, § 54-1719.

54-17-20. Bonds issued by commission.

The industrial commission shall procure the necessary funds for utilities, industries, enterprises, and business projects under its control by negotiating the bonds of the state of North Dakota in such amounts and in such manner as may be provided by law.

Source: S.L. 1919, ch. 151, § 5, subs. g; 1925 Supp., § 368a5, subs. g; R.C. 1943, § 54-1720.

54-17-21. Commission authorized to acquire and dispose Riverdale sites, properties, and facilities. [Repealed]

Repealed by S.L. 1999, ch. 457, § 1.

54-17-22. Commission authorized to act as planning agency of state and to negotiate and contract with federal housing administration. [Repealed]

Repealed by S.L. 1999, ch. 457, § 1.

54-17-23. Commission authorized to apply for, receive, and disburse federal planning funds, and to establish separate planning account. [Repealed]

Repealed by S.L. 1999, ch. 457, § 1.

54-17-24. State trusts created.

The industrial commission is hereby authorized and directed to acquire and to hold in one or more trusts all unpaid United States government guaranteed or reinsured student loans and North Dakota guaranteed student loans, belonging to the state of North Dakota or to any of its agencies, departments, or institutions which may be endorsed or assigned to it, such guaranteed student loans held in the trusts as security for bonds of the state to be issued as and in the manner the commission shall decide. All guaranteed student loans so held in the trusts and the collections therefrom and the increments thereto must be held in special funds as the source of payment of bonds of North Dakota to be issued, none of which bonds may constitute indebtedness of the state. The term “student” for the purposes of this section and section 54-17-25 includes a parent borrower under chapter 15-62.1.

Source: S.L. 1971, ch. 495, § 1; 1983, ch. 119, § 8; 1987, ch. 631, § 1; 1997, ch. 448, § 1.

54-17-25. Bonds authorized — Establishment of secondary market program.

Whenever the industrial commission decides that it is in the public interest to diminish the investment of state funds in United States government guaranteed or reinsured or North Dakota guaranteed student loans, that it will be difficult to divest the state of appreciable amounts of such loans by piecemeal offering to the investing and saving public, that business conditions are favorable to a state-sponsored program to consolidate state-held student loans, and to enlarge private participation in such loans, or that the public will otherwise benefit, the commission may by plenary resolution duly adopted in accordance with the provisions hereof authorize preparation, sale, and issuance of revenue bonds of North Dakota in such amounts and at such times and in such form, which may include the issuance of bonds the interest income on which is subject to federal income taxes, as the commission shall determine to be for the public good. The industrial commission may issue subordinate or residual bonds whenever the industrial commission determines that it is appropriate or expedient to do so and the bonds may contain such terms and provisions as the commission may determine. The commission may refund and refinance the bonds from time to time as often as it is advantageous and in the public interest to do so. The bonds shall be a charge upon a sufficient designated portion of the resources of the student loan trusts, subject only to necessary administrative expenses of the trusts duly appropriated out of the interest earning resources thereof. The bonds may bear such rate or rates of interest as the commission may provide. The bonds must have all of the qualities and incidents of negotiable paper and are not subject to taxation by the state of North Dakota or by any county, municipality, or political subdivision therein. The bonds must be payable solely out of the separate resources generated respectively from collection of payments on and earnings and proceeds of United States government guaranteed or reinsured or North Dakota guaranteed student loans, and must respectively so recite. They are not indebtedness of the state of North Dakota or of any agency, board, department, or officer or agent thereof. Without limiting the foregoing, the commission may request the organization of a nonprofit corporation meeting the requirements of the Internal Revenue Code of 1954, as amended and redesignated as the Internal Revenue Code of 1986 [Pub. L. 99-54], and as it may be amended from time to time, and enter into one or more agreements with such corporation providing for the establishment of a secondary market program in the state of North Dakota for the acquisition by the corporation of such loans made pursuant to title IV, part B of the Higher Education Act of 1965 [Pub. L. 89-329; 79 Stat. 1236; Pub. L. 99-498; 100 Stat. 1353; 20 U.S.C. 1001 et seq.], as amended through December 31, 1996, as the commission shall, in its discretion, deem advisable.

Source: S.L. 1971, ch. 495, § 2; 1979, ch. 545, § 1; 1981, ch. 269, § 22; 1983, ch. 119, § 9; 1985, ch. 569, § 1; 1987, ch. 631, § 2; 1997, ch. 94, § 9; 1997, ch. 448, § 2; 2003, ch. 470, § 1; 2005, ch. 26, § 2.

54-17-26. Bonds eligible for investment — Sale of bonds.

Bonds issued under section 54-17-25 may be acquired and held by banks and by savings and loan associations of this state as well as by all public trust funds. They may be issued and sold at public or private sale or by negotiation as the industrial commission may direct and the commission may make, enter into, and enforce all contracts or agreements necessary, convenient, or desirable for the purposes of the commission or pertaining to any purchase or sale of the bonds or other investments or to the performance of its duties and execution or carrying out of any of its powers under section 54-17-25.

Source: S.L. 1971, ch. 495, § 3; 1983, ch. 119, § 10; 1997, ch. 448, § 3.

54-17-27. Grant program for home weatherization programs.

The industrial commission or its designee shall administer a home weatherization grant program to provide financial assistance to regional offices which administer the United States department of energy home weatherization program. Grant moneys must be used for direct consumer benefit programs to support labor and material costs for roof repair and heating plant repair to effect energy conservation. No funds may be used for administrative purposes.

Source: S.L. 1981, ch. 525, § 1.

54-17-28. Application for grants.

Each regional office which administers the United States department of energy home weatherization program may apply for the grants provided in section 54-17-27 and this section under such reasonable guidelines as may be adopted by the industrial commission or its designee. Each application must be accompanied by a two-year budget, including a productivity work plan. Each regional office is eligible for a base amount of forty thousand dollars for fiscal year 1982 and forty-five thousand dollars for fiscal year 1983.

Source: S.L. 1981, ch. 525, § 2.

54-17-29. Commission loan guarantees for seller-sponsored loans between landowners and beginning farmers. [Repealed]

Repealed by S.L. 1983, ch. 126, § 2.

54-17-30. Procedure on default on guaranteed beginning farmer security loan. [Repealed]

Repealed by S.L. 1983, ch. 126, § 2.

54-17-31. Establishment and maintenance of adequate guarantee funds — Use of lands and minerals trust — Appropriation. [Repealed]

Repealed by S.L. 1983, ch. 126, § 2.

54-17-32. Resources trust fund — Commission responsibilities.

1. The industrial commission may, within the limits of legislative appropriations, enter into contracts with institutions of higher education in this state, or with other parties, for the following purposes:
   1. Studies on the development of cogeneration systems.
   2. Studies on the promotion and development of energy conservation programs and renewable energy sources.
   3. Studies of the feasibility of developing waste products utilization.
2. The industrial commission may, within the limits of legislative appropriations, provide for the making of grants in aid of those persons or entities doing research or development with respect to energy conservation, renewable energy sources, cogeneration, or waste products utilization. Grants under this subsection must be made to persons or entities residing, located, or doing business in this state. No grant made pursuant to this subsection may exceed ten thousand dollars in amount, and grants may not be made for time periods which run beyond any fiscal biennium during which the grant is made. As used in this subsection, “entity” means any firm, partnership, corporation, limited liability company, cooperative, association, or other business entity, and any governmental entity.
3. The industrial commission may adopt rules to implement its power to make grants and enter into contracts pursuant to this section. Any rules must be adopted in accordance with chapter 28-32.

Source: S.L. 1981, ch. 366, § 2; 1993, ch. 54, § 106.

54-17-33. State trust created — Agricultural mortgage secondary market.

The industrial commission may establish a trust for the purpose of participating as an agricultural mortgage marketing facility in the agricultural mortgage secondary market program established pursuant to the Agricultural Credit Act [Pub. L. 100-233; 101 Stat. 1686; 12 U.S.C. 2279aa-2279aa-14], as amended through December 31, 1996. The industrial commission may take any action necessary to qualify as a certified facility.

Source: S.L. 1989, ch. 102, § 3; 1997, ch. 94, § 10.

Law Reviews.

Summary of significant decisions rendered by the North Dakota Supreme Court in 1990 relating to farm mortgages, 66 N.D. L. Rev. 838 (1990).

54-17-34. Definitions.

As used in sections 54-17-34 through 54-17-34.5:

1. “First-time farmer” means an individual who is a North Dakota resident who has not at any time had any direct or indirect ownership interest in substantial farmland in the operation of which the individual materially participated, who will be the principal user of the farmland, and who will materially and substantially participate on the farm of which the land is a part in the operation of the farm.
2. “Substantial farmland” means any parcel of land unless the parcel is smaller than thirty percent of the median size of a farm in the county in which the parcel is located.

Source: S.L. 1997, ch. 449, § 2; 2009, ch. 472, § 1.

54-17-34.1. Farm finance program.

Acting as the farm finance agency, the industrial commission may establish the first-time farmer finance program to encourage first-time farmers to enter into and remain in the livelihood of agriculture and to provide first-time farmers a source of financing at favorable rates and terms generally not available to them. The first-time farmer finance program is established to allow first-time farmers to utilize the tax-exempt financing provided for in the Internal Revenue Code of 1986, and any amended regulations adopted thereunder.

Source: S.L. 1997, ch. 449, § 3.

54-17-34.2. First-time farmer participation.

The first-time farmer finance program is limited as required by applicable provisions of the Internal Revenue Code of 1986 and any regulations adopted thereunder, as amended, and under the first-time farmer finance program:

1. Financing may not be made to individuals with a net worth that exceeds the net worth requirement of the beginning farmer revolving loan program administered by the Bank of North Dakota and established by loan policy; and
2. Financing may only be made to first-time farmers for the acquisition of land in the state of North Dakota, livestock, farm improvements, and equipment to be used for farming purposes and may not exceed an amount established under the Internal Revenue Code of 1986, as amended.

Source: S.L. 1997, ch. 449, § 4; 2009, ch. 472, § 2.

54-17-34.3. Financing.

Financing may be accomplished by the issuance of evidences of indebtedness by the industrial commission acting as the farm finance agency and the entering into of a financing agreement between the industrial commission acting as the farm finance agency and lenders or individuals. Any financing agreement entered into between the industrial commission and any lender or individual is payable as to principal and interest only from the payments made thereon by the first-time farmer, and the financing agreement and any evidence of indebtedness may not constitute a debt of the state of North Dakota or any agency or instrumentality thereof within the meaning of any constitutional or statutory debt limit.

Source: S.L. 1997, ch. 449, § 5.

54-17-34.4. Policies.

Before exercising any of its powers as the farm finance agency pursuant to subsection 2 of section 54-17-09, the industrial commission shall adopt policies and rules relating to any or all of the following:

1. Procedures and documentation for the submission of requests for financing; and
2. Provisions necessary for compliance with the Internal Revenue Code of 1986 and any regulations adopted thereunder, as amended.

Source: S.L. 1997, ch. 449, § 6.

54-17-34.5. Financing exempt from taxation — Exception.

Evidences of indebtedness issued under the provisions of the first-time farmer finance program, and the interest therefrom, is exempt from any taxes of the state, except inheritance, estate, and transfer taxes.

Source: S.L. 1997, ch. 449, § 7.

54-17-35. Governmental public purpose — Electricity transmission export constraint priority.

The legislative assembly finds and declares that it is an essential governmental function and public purpose to assist with the removal of electrical transmission export constraints and to assist with the upgrading and expansion of the region’s electrical transmission grid in order to facilitate the development of the state’s abundant natural resources for export to the region’s consumers. The industrial commission shall give priority to those projects, processes, or activities that assist with the resolution of electricity transmission export constraints in this state.

Source: S.L. 2003, ch. 471, § 1.

54-17-36. Lease of municipal waterworks and sewage systems.

Notwithstanding any other provision of law, the state, acting by and through its industrial commission, may enter agreements to lease all or part of, or an undivided or other interest in, the plant or equipment of any waterworks, mains, or water distribution system and any property related thereto pursuant to subsection 5 of section 40-33-01, subsection 12 of section 61-24.5-09, or subsection 23 of section 61-35-12 or any sewage system and all related property for the collection, treatment, purification, and disposal in a sanitary manner of sewage pursuant to section 40-34-19 or subsection 23 of section 61-35-12 to or from a municipality or other political subdivision or agency of the state, or to or from any person, for such compensation and upon such terms and conditions as the parties under such agreement may stipulate. For the purposes of this section, such agreements include any lease, sublease, purchase agreement, lease-purchase agreement, installment purchase agreement, leaseback agreement, or other contract, agreement, instrument, or arrangement pursuant to which any rights, interests, or other property are transferred to, by, or from any party to, by, or from one or more parties, and any related documents entered or to be entered, including any operating agreement, service agreement, indemnity agreement, participation agreement, loan agreement, or payment undertaking agreement. Any lease obligation entered under this section is payable solely from revenues to be derived by the state or any agency or institution of the state from the ownership, sale, lease, disposition, and operation of the plant or equipment of any waterworks, mains, or water distribution system and any property related thereto or sewage systems and all related property for the collection, treatment, purification, and disposal in a sanitary manner of sewage; any funds or investments permitted under state law, and any earnings thereon, to the extent pledged therefor; revenues to be derived by the state from any support and operating agreement, service agreement, or any other agreement relating to the waterworks, mains, and water distribution system or sewage system; funds, if any, appropriated annually by the legislative assembly; and income or proceeds from any collateral pledged or provided therefor. A lease obligation entered under this section does not constitute an indebtedness of the industrial commission, the state, or any agency or officer or agent thereof, or a pledge of the full faith and credit or unlimited taxing resources of the industrial commission, the state, or any agency or officer or agent thereof. The industrial commission may authorize the public finance authority or another agency or institution of the state to do and perform any acts and things authorized by this section, including making, entering, and enforcing all contracts or agreements necessary, convenient, or desirable for the purposes of this section.

Source: S.L. 2003, ch. 342, § 12; 2005, ch. 89, § 32.

54-17-37. Tribal-state guaranty program — Continuing appropriation.

Expired under S.L. 2007, ch. 461, § 1.

54-17-38. Biomass incentive and research program. [Repealed]

Repealed by S.L. 2009, ch. 521, § 6.

54-17-39. Biomass incentive and research fund. [Repealed]

Repealed by S.L. 2009, ch. 521, § 6.

54-17-40. Housing incentive fund — Continuing appropriation — Report to budget section.

1. The housing incentive fund is created as a special revolving fund at the Bank of North Dakota. The housing finance agency may direct disbursements from the fund and a continuing appropriation from the fund is provided for that purpose.
2. 1. After a public hearing, the housing finance agency shall create an annual allocation plan for the distribution of the fund as authorized under subsection 3. At least ten percent of the fund must be used to assist developing communities to address an unmet housing need or alleviate a housing shortage. At least ten percent of the fund must be made available to prevent homelessness as authorized by subdivision d of subsection 3.
   2. The annual allocation plan must give priority to provide housing for individuals and families of low or moderate income. For purposes of this priority, eligible income limits are determined as a percentage of median family income as published in the most recent federal register notice. Under this priority, the annual allocation plan must give preference to projects that benefit households with the lowest income and to projects that have rent restrictions at or below department of housing and urban development published federal fair market rents or department of housing and urban development section 8 payment standards.
3. The housing finance agency shall adopt guidelines for the fund so as to address unmet housing needs in this state. Assistance from the fund may be used solely for:
   1. New construction, rehabilitation, preservation, or acquisition of a multifamily housing project;
   2. Gap assistance, matching funds, and accessibility improvements;
   3. Assistance that does not exceed the amount necessary to qualify for a loan using underwriting standards acceptable for secondary market financing or to make the project feasible; and
   4. Rental assistance, emergency assistance, barrier mitigation, or targeted supportive services designated to prevent homelessness.
4. Eligible recipients include units of local, state, and tribal government; local and tribal housing authorities; community action agencies; regional planning councils; and nonprofit organizations and for-profit developers of multifamily housing. Individuals may not receive direct assistance from the fund.
5. Except for subdivision d of subsection 3, assistance is subject to repayment or recapture under the guidelines adopted by the housing finance agency. Any assistance that is repaid or recaptured must be deposited in the fund and is appropriated on a continuing basis for the purposes of this section.
6. The agency may collect a reasonable administrative fee from the fund, project developers, applicants, or grant recipients. The origination fee assessed to grant recipients may not exceed five percent of the project award.
7. Upon request, the housing finance agency shall report to the industrial commission regarding the activities of the housing incentive fund.
8. At least once per biennium, the housing finance agency shall provide a report to the budget section of the legislative management regarding the activities of the housing incentive fund.

Source: S.L. 2011, ch. 398, § 2; 2013, ch. 406, § 2; 2013, ch. 45, § 23; 2015, ch. 14, § 17, effective July 1, 2015; 2017, ch. 39, § 19, effective July 1, 2017; 2019, ch. 14, § 21, effective July 1, 2019; 2021, ch. 42, § 26, effective July 1, 2021.

Effective Date.

The 2015 amendment of this section by section 17 of chapter 14, S.L. 2015 became effective July 1, 2015.

The 2013 amendment of this section by section 23 of chapter 45, S.L. 2013 became effective July 1, 2013.

The 2013 amendment of this section by section 2 of chapter 406, S.L. 2013 became effective May 7, 2013, pursuant to an emergency clause in section 7 of chapter 406, S.L. 2013.

Note.

The 2015 amendment to this section by section 17, of chapter 14, S.L. 2015, was to extend the expiration date from June 30, 2015 to June 30, 2017.

The 2013 amendment of this section extended the expiration date from June 30, 2013 to June 30, 2015.

Section 54-17-40 was amended 2 times by the 2013 Legislative Assembly. The amendment made in section 23 of chapter 45, Session Laws 2013, Senate Bill 2014 was incorrectly made to the section as set to expire June 30, 2013, so the section is amended as provided in section 2 of chapter 406, Session Laws 2013, House Bill 1029.

54-17-41. Report. [Repealed]

Source: S.L. 2011, ch. 398, § 2; 2013, ch. 406, § 3; 2015, ch. 14, § 18, effective July 1, 2015; repealed by 2017, ch. 39, § 23, effective July 1, 2017.

Note.

The 2015 amendment to this section by section 18, of chapter 14, S.L. 2015, was to extend the expiration date from June 30, 2015 to June 30, 2017.

54-17-42. Report to legislative assembly or budget section on the fiscal impact of certain actions of the industrial commission.

If any order, regulation, or policy of the industrial commission to implement the provisions of chapter 38-08, excluding spacing unit orders, has a fiscal effect or estimated fiscal effect on the state in excess of twenty million dollars in a biennium, the industrial commission shall report to the legislative assembly when in session and otherwise to the budget section of the legislative management on the fiscal impact of the effect of the action on state revenues and expenditures, including any effect on the funds of the industrial commission.

History. S.L. 2015, ch. 378, § 1, effective August 1, 2015.

Effective Date.

This section became effective August 1, 2015.

Note.

Section 2 of chapter 378, S.L. 2015 provides, “ RETROACTIVE APPLICATION . This Act applies retroactively to actions of the industrial commission made after July 31, 2013, and applies specifically to the orders of the industrial commission on flaring. The industrial commission shall report on the fiscal impacts of past orders within ninety days of the effective date of this Act.”

54-17.2-01. Definitions.

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

1. “Commission” means the industrial commission acting as the North Dakota building authority created under this chapter.
2. “Evidences of indebtedness” means bonds, notes, debentures, and other evidences of indebtedness issued by the commission on behalf of the state of North Dakota to evidence money owed or borrowed.
3. “Financing agreement” means a written agreement between the commission and the state with respect to a project, whereby the state agrees to pay to the commission, when due, the principal of, premium, if any, and interest on bonds issued by the commission with respect to that project. A financing agreement may be in the form of a lease, mortgage, direct or installment sale contract, loan agreement, or take-or-pay or similar agreement, and be secured in a manner the parties agree to or be unsecured.
4. “Project” or “projects” means any:
   1. Legislatively authorized building or buildings primarily for the use of the state, including related structures, parking facilities, equipment, improvements, real and personal property or any interest therein, including lands under water, space rights and air rights, and other appurtenances and facilities necessary or convenient to the use or operation of the building or buildings, acquired, owned, constructed, reconstructed, extended, rehabilitated, or improved by the commission; or
   2. Any other undertaking authorized by the legislative assembly.
5. “Project cost” means the total cost of a project or projects and all costs of issuance, financing, and interest during project construction or implementation included in the principal amount of evidences of indebtedness issued.
6. “State” means any branch of North Dakota government or any office, department, board, commission, bureau, division, public authority or corporation, agency, or instrumentality of the state.

Source: S.L. 1985, ch. 571, § 1; 2005, ch. 489, § 1.

54-17.2-02. Commission — Evidence of indebtedness issuance.

The commission is a North Dakota instrumentality empowered, subject to legislative authorization, to issue evidences of indebtedness to make funds available for a project or projects as directed by the legislative assembly.

Source: S.L. 1985, ch. 571, § 2.

54-17.2-02.1. Evidences of indebtedness conditions — Continued authority.

The commission may issue evidences of indebtedness subject to the condition that payments under financing agreements shall begin no earlier than the first business day of the biennium following the biennium of issuance. Although the authority to issue evidences of indebtedness for specific projects may terminate, the commission may exercise all other powers granted to the commission under this chapter and may comply with any covenants entered into before the applicable termination date.

Source: S.L. 1987, ch. 632, § 1; 2005, ch. 489, § 2.

54-17.2-02.2. Continuing appropriation.

The moneys received by the industrial commission from the sale of evidences of indebtedness and moneys received by the industrial commission or the state agencies and institutions from revenue generated by projects authorized by the legislative assembly, are hereby appropriated as a continuing appropriation for the construction or implementation of the authorized projects and payment of debt service on any evidences of indebtedness issued to finance the projects.

Source: S.L. 1987, ch. 632, § 22; 2005, ch. 489, § 3.

54-17.2-03. Powers.

Except as otherwise limited by this chapter, the commission may:

1. Enter into agreements, including financing agreements, with respect to its projects, operation, properties, and facilities, subject to agreements with holders of evidences of indebtedness.
2. Sue and be sued.
3. Make and enter into all contracts and all agreements necessary or incidental to the performance of its duties and the exercise of its powers.
4. Acquire, own, hold, assign, exchange, lease, mortgage, or pledge or grant security interests in a project or projects in the exercise of its powers and the performance of its duties.
5. Acquire, construct, reconstruct, rehabilitate, improve, alter, or repair, or provide for the acquisition, construction, reconstruction, improvement, alteration, or repair of any project and let, award, and enter into construction contracts, purchase orders, and other contracts with respect thereto in the manner determined by the commission.
6. Sell, lease, assign, transfer, convey, exchange, mortgage, or otherwise dispose of or encumber any project or other property no longer necessary to carry out the public purposes of the commission and, in the case of the sale of any project or property, to accept a purchase money mortgage in connection therewith; and to lease, repurchase, or otherwise acquire and hold any project or property which the commission has sold, let, or otherwise conveyed, transferred, or disposed of.
7. Grant options to purchase any project or to renew any financing agreement entered into by it in connection with any of its projects, on terms and conditions it deems advisable.
8. Acquire by purchase, lease, or otherwise, on terms and conditions and in a manner as it determines to be proper, or, subject to chapter 32-15, by the exercise of the power of eminent domain, except with respect to lands owned by the state or any public lands, any land and other property or equipment, which it may determine is reasonably necessary for any project.
9. Sell, lease, rent, sublease, or otherwise dispose of, to any person, firm, corporation, or limited liability company, any surplus space in any project over and above that sold, leased, rented, subleased, or otherwise disposed of to the state and establish and revise the purchase price, rents, or charges for the surplus space.
10. Manage or operate any project or real or personal property or equipment related to a project whether owned or leased by the commission or any state agency, and enter into agreements with any state agency, any political subdivision, any local governmental agency, or with any person, firm, association, partnership, corporation, or limited liability company, either public or private, for the management of a project or related property.
11. Consent to any modification, amendment, or revision of any contract, lease, or agreement to which the commission is a party, subject to the provisions of any contract with holders of evidences of indebtedness.
12. Issue its evidences of indebtedness and to secure the same and provide for the rights of the holders thereof as provided in this chapter.
13. Invest moneys of the commission not required for immediate use, including proceeds from the sale of any evidences of indebtedness in securities and other investments including evidences of indebtedness as the commission determines to be prudent, subject to any agreement with holders of evidences of indebtedness.
14. Procure insurance against any loss in connection with its property and other assets and operations in such amounts and from such insurers as it deems desirable.
15. Purchase evidences of indebtedness issued by the commission out of any funds or money not pledged to or necessary for some other purpose and hold, cancel, or resell such evidences of indebtedness, subject to any agreement with holders of evidences of indebtedness.
16. Notwithstanding any other provision of law, issue evidences of indebtedness to implement the state facility energy improvement program under section 54-44.5-08.

Source: S.L. 1985, ch. 571, § 3; 1993, ch. 54, § 106; 1999, ch. 458, § 1; 2005, ch. 489, § 4; 2007, ch. 293, § 36.

54-17.2-04. Purpose of commission.

The public purpose of the commission is to promote the general welfare of the citizens of this state by providing financing for projects for use primarily by the state.

Source: S.L. 1985, ch. 571, § 4; 2005, ch. 489, § 5.

54-17.2-05. Transfer of state property to commission — Services by state agencies.

The state may transfer jurisdiction of or title to any property under its control to the commission. All state agencies may render any and all services to the commission as are within the area of their respective governmental functions and as may be required by the commission, including acting as agent for the commission in furtherance of performing its duties.

Source: S.L. 1985, ch. 571, § 5.

54-17.2-05.1. Lease of state property to commission — Leaseback to state.

Notwithstanding any other provision in this chapter, the state may lease any project or other property to the commission, in lieu of a transfer of title, and the commission may sublease or leaseback any such project or property back to the state in connection with any financing by the commission under this chapter. Any reference in this chapter to the power or authority of the commission or the state to sell, convey, or lease any project or other property to the other must be deemed to include the power or authority to lease, sublease, or leaseback such project or property, as the case may be.

Source: S.L. 2001, ch. 481, § 1.

54-17.2-06. Financing agreements with state agencies authorized — Commencement of payments under financing agreements.

The commission may enter into financing agreements for any project with the state. The financing agreements may be entered into contemporaneously with any financing to be done by the commission and payments under the terms of the financing agreement shall begin at any time after execution of the financing agreement.

Source: S.L. 1985, ch. 571, § 6; 2005, ch. 489, § 6.

54-17.2-07. Terms, conditions, and payment under financing agreements — Automatic biennial extension provisions.

Financing agreements may be entered into by the commission:

1. Upon terms, conditions, and payment provisions, subject to available appropriations, as in the judgment of the commission are in the public interest; and
2. For an original term of not to exceed two years, with an automatic extension of the term of the financing agreement, unless specifically rejected by the legislative assembly, for a term of two years from the expiration of the original term of the financing agreement and for two years from the expiration of each extended term of the financing agreement, until the original term of the financing agreement has been extended for a total number of years to be agreed upon by the parties at a payment which, if paid for the original term and for each of the full number of years for which the term of the financing agreement may be extended, will amortize the total project cost of the project.

The payment must be paid at the times agreed upon by the parties to the financing agreement.

Source: S.L. 1985, ch. 571, § 7; 2005, ch. 489, § 7.

54-17.2-08. State’s option to purchase — Conveyance on exercise of option.

A financing agreement must provide that the state may, at the expiration of the original or any extended term, purchase the project at a stated price, which must be the balance of the total project cost not amortized by the payments previously made by the state. The financing agreement must provide that if the option to purchase the project has been exercised or if the financing agreement has been extended for the full number of years which it may be extended, and all payments provided for in the financing agreement have been made and all project costs have been paid, the commission shall convey its interest in the project to the lessee.

Source: S.L. 1985, ch. 571, § 8; 2005, ch. 489, § 8.

54-17.2-09. Insurance and credit enhancements added to payments.

A financing agreement may provide that the state shall provide insurance or, as additional payment under a financing agreement, pay the cost of insuring the project against loss or damage in such sum agreed to by the parties. The financing agreement may also provide for payment of the cost of such credit enhancements as in the judgment of the commission may be required for sale of the evidences of indebtedness, including bond insurance or letters of credit.

Source: S.L. 1985, ch. 571, § 9; 2005, ch. 489, § 9.

54-17.2-10. Appropriations and funds from which payments are payable — Commission’s power to use or sell facilities for other purposes on nonpayment.

A financing agreement must provide that payments due under the financing agreement are payable solely from appropriations to be made by the legislative assembly for such payment, money available to the state not requiring appropriation, money generated from charges made for use of the project, any revenues derived by the commission from the operation of the project, or any combination of such moneys. The financing agreement may provide that the commission upon nonpayment is immediately entitled to the peaceable possession, access, and occupancy of the project and all appurtenances and easements appertaining thereto, and may maintain and operate the project or execute leases for the project or sell the project to political subdivisions of the state or private persons or entities for any purpose.

Source: S.L. 1985, ch. 571, § 10; 2005, ch. 489, § 10.

54-17.2-11. Costs and reserves to be covered by rent and charges or other payments.

Payments under a financing agreement for a project must be sufficient at all times to pay any maintenance and operation costs for the project, unless the maintenance and operation costs are otherwise provided for under the financing agreement, the principal of and interest on any evidence of indebtedness, and a proportion of the administrative expenses of the commission as provided for by each financing agreement, and the reserves as may be provided in the resolutions authorizing the issuance of evidences of indebtedness.

Source: S.L. 1985, ch. 571, § 11; 2005, ch. 489, § 11.

54-17.2-12. Tax exemption of commission’s property.

All property owned by the commission is exempt from taxation.

Source: S.L. 1985, ch. 571, § 12.

54-17.2-13. Resolutions for evidences of indebtedness authorized — Maximum amount outstanding — Legislative approval required.

The commission may at any time provide by resolution for the issuance of evidences of indebtedness for the purpose of paying all or any part of the cost of one or any combination of projects; provided, however, that no project may be leased by the commission to the state, nor any evidences of indebtedness be sold to raise the funds for payment, acquisition, or construction of a project until the legislative assembly by law authorizes the specific project or projects and declares the project or projects to be in the public interest.

Source: S.L. 1985, ch. 571, § 13.

54-17.2-14. Purposes for which evidences of indebtedness issue — Refunding and refinancing — Pledge of income.

To accomplish its purposes, the commission may borrow and issue and sell evidences of indebtedness in an amount or amounts as the commission may determine, but not in excess of legislative authorization, plus costs of issuance, financing, interest during construction, and any evidences of indebtedness funded reserve funds required by agreements with or for the benefit of holders of evidences of indebtedness for the purpose of acquiring, constructing, completing, or remodeling, maintaining, or equipping any project or projects. The commission may refund and refinance the evidences of indebtedness from time to time as often as it is advantageous and in the public interest to do so and may pledge any and all income of the commission, and any revenues derived by the commission or the state from a project or any combination thereof, to secure payment or redemption of the evidences of indebtedness.

Source: S.L. 1985, ch. 571, § 14.

54-17.2-15. Evidences of indebtedness authorized — Interest rates — Exemption from taxation — Term.

The commission, pursuant to legislative authorization, may, by resolution, authorize preparation, sale, and issuance of evidences of indebtedness of the commission in amounts and at such times, in fully registered form, with final maturity of not more than thirty years. The evidences of indebtedness may bear the fixed or variable rate or rates of interest and may be sold at the price or prices as the commission may provide at an average net interest cost not in excess of twelve percent per annum for evidences of indebtedness sold at private sale, except that there is no interest rate ceiling on issues sold at public sale or to the state. The evidences of indebtedness are not subject to taxation by the state or by any county, municipality, or political subdivision in the state. The evidences of indebtedness are not indebtedness of the state or of any officer or agent of the state within the meaning of any statutory or constitutional provision.

Source: S.L. 1985, ch. 571, § 15.

54-17.2-16. Revenues, appropriations, funds, and income from which evidences of indebtedness payable.

Evidences of indebtedness are payable solely from:

1. Revenues to be derived by the commission from the operation of a project or projects;
2. Payments from the state pursuant to financing agreements, or from leases to others as provided by this chapter;
3. Funds appropriated by the legislative assembly; and
4. Any other legally available revenue, income, or funds available to the commission.

Source: S.L. 1985, ch. 571, § 16; 2005, ch. 489, § 12.

54-17.2-17. Covenants and contracts with holders of evidences of indebtedness.

In any resolution of the commission relating to the issuance of any evidence of indebtedness, the commission may provide by covenants with the holders of the evidences of indebtedness, to:

1. Secure the evidences of indebtedness.
2. Covenant against pledging all or any part of its revenues, receipts, or proceeds, or against mortgaging or leasing all or any part of its real or personal property when owned or thereafter acquired or against permitting or suffering any lien. Any pledge of revenues, receipts, moneys, funds, levies, sales agreements, service contracts, or other property or instruments made by the commission are valid and binding from the time the pledge is made. The revenues, receipts, moneys, funds, or other property pledged and thereafter received by the commission are immediately subject to the lien of the pledge without any physical delivery or further act, and the lien of any pledge is valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the commission irrespective of whether the parties have notice of the claim. Neither the resolution nor any other instrument by which a pledge under this section is created need be filed or recorded except in the records of the commission.
3. Covenant as to any evidences of indebtedness to be issued and the limitations on the evidence of indebtedness and their terms and conditions as to the custody, application, investment, and disposition of their proceeds, as to the sources and methods of the payment, and as to the rank or priority of the evidence of indebtedness.
4. Provide for the replacement of lost, stolen, destroyed, or mutilated evidences of indebtedness.
5. Provide for the rights and liabilities, power and duties arising upon the breach of any covenant, condition, or obligation; prescribe the events of default and the terms and conditions upon which any or all of the evidences of indebtedness of the commission become or may be declared due and payable before maturity; and provide the terms and conditions upon which the declaration and its consequences may be waived.
6. Vest in a trustee or trustees within or without the state such property, rights, powers, and duties in trust as the commission may determine.
7. Make covenants other than or in addition to the covenants authorized by this chapter of like or different character, and to make the covenants to do or refrain from doing acts and things as may be necessary, or convenient and desirable, to better secure evidences of indebtedness or which, in the absolute discretion of the commission will tend to make its evidences of indebtedness more marketable, notwithstanding that the covenants, acts, or things may not be enumerated in this chapter.

Source: S.L. 1985, ch. 571, § 17.

54-17.2-18. Validity of signature by officers.

Evidences of indebtedness must be executed by a member or members of the commission as designated by the commission, or by facsimile signature and the manual signature of a designated authenticating agent. Any evidences of indebtedness bearing the signature of members in office at the date of signing are valid and binding for all purposes notwithstanding that before delivery any person whose signature appears on the evidences of indebtedness has ceased to be a member.

Source: S.L. 1985, ch. 571, § 18.

54-17.2-19. Restrictions on obligation stated on face of evidences of indebtedness.

Evidences of indebtedness must state upon their face that they are payable solely from moneys derived by the commission as provided in this chapter. Evidences of indebtedness must state upon their face that they do not constitute an obligation of the state within the meaning of any statutory or constitutional provision.

Source: S.L. 1985, ch. 571, § 19; 2005, ch. 489, § 13.

54-17.2-20. Disposition of income — Building authority fund.

The proceeds of and any revenue derived from the sale of evidences of indebtedness, charges, fees, or rentals, and all other revenue derived from any project undertaken pursuant to this chapter must be held in trust for the purposes of this chapter, in a special fund known as the building authority fund. Disbursements shall be made from the fund upon the resolution of the commission. The building authority fund established by this chapter may contain such accounts as authorized by the commission.

Source: S.L. 1985, ch. 571, § 20.

54-17.2-21. Allocation of sales, use, and motor vehicle excise tax revenues to capital construction fund. [Repealed]

Repealed by S.L. 1993, ch. 38, § 19.

54-17.2-22. Capital construction account. [Repealed]

Repealed by S.L. 1993, ch. 38, § 19.

54-17.2-23. State building authority lease payments — Limitation.

The general fund amount of lease payments for a biennium associated with capital construction projects financed by the industrial commission acting as the state building authority may not exceed the amount equal to a portion of sales, use, and motor vehicle excise tax collections equal to ten percent of an amount, determined by multiplying the quotient of one percent divided by the general sales tax rate that was in effect when the taxes were collected, times the net sales, use, and motor vehicle excise tax collections under chapters 57-39.2, 57-40.2, and 57-40.3. The computation for the authorized general fund lease payments for a biennium must be based on the projected sales, use, and motor vehicle excise tax collections presented to the legislative assembly at the close of the most recently adjourned regular legislative session. Lease payment amounts for any particular project must be calculated as of the date the related bonds are issued.

Source: S.L. 1993, ch. 38, § 18; 1995, ch. 52, § 5; 1997, ch. 32, § 21; 2001, ch. 481, § 2.

54-17.3-01. Definitions.

As used in sections 54-17.3-01 through 54-17.3-08, unless the context otherwise requires:

1. “Commission” means the North Dakota industrial commission.
2. “Paleontological resource” means any significant remains, trace, or imprint of a plant or animal that has been preserved by natural causes in earth materials and the localities in which they are found.

Source: S.L. 1989, ch. 645, § 1.

54-17.3-02. Jurisdiction of the commission.

The commission, acting through the office of the state geologist, has jurisdiction and authority to enforce the provisions of sections 54-17.3-01 through 54-17.3-08. The commission has authority to make such investigations as it deems proper to determine whether facts exist which justify action by the commission. The commission has authority to adopt rules and issue orders to effectuate the provisions of sections 54-17.3-01 through 54-17.3-08.

Source: S.L. 1989, ch. 645, § 2.

54-17.3-03. Permit required.

A permit must be obtained by any person, organization, institution, or company engaged on one’s own behalf or on behalf of another to:

1. Identify or evaluate paleontological resources to satisfy state or federal requirements; or
2. Investigate, excavate, collect, or otherwise record paleontological resources on land owned by the state or its political subdivisions.

A permit may be issued upon filing of an application that contains information prescribed by the state geologist and upon the applicant’s payment to the state geologist of the fee set by the state geologist. The state geologist may waive the fee requirement if the applicant is an instrumentality of the state. A permit may be issued only for the activities and at the locations described in the permit application.

Source: S.L. 1989, ch. 645, § 3.

54-17.3-04. Permit — Duration — Revocation.

A permit issued under sections 54-17.3-01 through 54-17.3-08 expires on December thirty-first of the year in which it is issued. A permit may be extended upon written request to the state geologist before expiration of the permit and upon payment to the state geologist of the fee set by the state geologist. A permit may be revoked at any time if it appears the permittee secured the permit through false information or that any activities performed by the permittee are being conducted negligently or improperly, or without regard for the careful preservation and conservation of the paleontological resource.

Source: S.L. 1989, ch. 645, § 4.

54-17.3-05. Coordination of quaternary fossil finds.

The state geologist shall notify the director of the state historical society of all quaternary paleontological finds reported to the state geologist which potentially or actually contain cultural resources. The treatment of sites containing both paleontological remains and cultural resources must be handled in a manner jointly agreed upon by the state geologist and the director. The term cultural resources has the same definition as the term is defined in section 55-03-00.1.

Source: S.L. 1989, ch. 645, § 5; 2001, ch. 503, § 14.

54-17.3-06. Protection of paleontological specimens and sites.

Any paleontological resource found or located upon any land owned by the state or its political subdivisions may not be destroyed, defaced, altered, removed, or otherwise disposed of in any manner without approval of the state geologist. The state geologist shall determine the significance of the paleontological resource to the understanding of the paleontologic and geologic history of North Dakota. It is the responsibility of the state and its political subdivisions to cooperate with the state geologist in identifying and implementing any reasonable alternative to destruction or alteration of any paleontological resource.

Source: S.L. 1989, ch. 645, § 6.

54-17.3-07. Transfer of paleontological resources.

The state geologist may exchange with or transfer to universities, colleges, governmental bodies, and scientific institutions duplicate paleontological resources it holds. The state historical society must receive preference for the receipt of duplicate paleontological resources.

Source: S.L. 1989, ch. 645, § 7; 2001, ch. 503, § 15.

54-17.3-08. Violation of sections 54-17.3-01 through 54-17.3-08 — Penalty.

Any person violating any provision of sections 54-17.3-01 through 54-17.3-08 is guilty of a class B misdemeanor and shall forfeit to the state all paleontological specimens discovered by the violator at that site. Any such violation is considered to have been committed in the county where the exploration, collecting, or excavation for paleontological resources was undertaken.

Source: S.L. 1989, ch. 645, § 8.

54-17.4-01. Definitions.

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

1. “Commission” means the North Dakota industrial commission.
2. “State geologist” means the North Dakota state geologist.
3. “Survey” means the North Dakota geological survey, a division of the department of mineral resources.

Source: S.L. 1989, ch. 646, § 1; 2005, ch. 42, § 30.

54-17.4-02. Survey — Responsibilities.

There is created a North Dakota geological survey. The survey has the following responsibilities:

1. Serve as the primary source of geological information in the state.
2. Investigate, describe, and interpret the geological setting of the state with special reference to the economic products, geological hazards, and energy resources of the state’s geology.
3. Conduct investigations designed to promote public understanding of the state’s natural setting and natural resources.
4. Conduct research relative to the exploration, production, and regulation of oil, gas, coal, and other mineral resources of the state.
5. Conduct investigations and review externally prepared reports pertaining to geological aspects of the health and safety of the citizens and environment of the state.
6. Provide geological information contributing to the development of public health policies and to the use and management of natural resources.
7. Publish bulletins, circulars, maps, and other related materials that make available the results of the geological research and technical studies.
8. Provide educational information about the geology of the state to the public.
9. Operate and maintain a public repository for books, reports, maps, and other publications regarding the geology and mineral resources of the state.
10. Operate and maintain a public repository for fossil and rock specimens, rock cores, well cuttings, and associated data.
11. Provide technical advice and assistance concerning the geology of the state to local, state, and federal governmental agencies and to state educational institutions.
12. Aid in the regulation of the state’s natural resources by providing the resource assessment and evaluation information necessary to create and maintain effective regulatory policy.
13. Investigate the kind, amount, and availability of the various mineral substances contained in state-owned lands, so as to contribute to the most effective and beneficial administration of these lands for the state.
14. Consider such other scientific and economic questions in the field of geology as in the judgment of the state geologist is deemed of value to the people of the state.
15. Carry out any other responsibilities assigned to it by the legislative assembly.

Source: S.L. 1989, ch. 646, § 2; 1995, ch. 510, § 1; 2021, ch. 402, § 1, effective August 1, 2021.

54-17.4-03. Survey — Direction and supervision.

The survey is under the direction and control of the commission.

Source: S.L. 1989, ch. 646, § 3.

54-17.4-04. Survey — Location.

The commission shall decide the location of the survey. However, the survey shall maintain a core and sample library at the university of North Dakota with associated core receiving, processing, and analytical equipment. The survey, in cooperation with the university of North Dakota, shall maintain a geologic literature library and archives at the university of North Dakota. The survey may also maintain a working geologic literature library at a site selected by the industrial commission.

Source: S.L. 1989, ch. 646, § 4.

54-17.4-05. State geologist — Qualifications — Selection — Salary.

There is created the position of state geologist.

1. The state geologist’s qualifications must include a doctor of philosophy degree in geology from an accredited university or college or equivalent geological experience, demonstrated competency in administration, and five years of practical experience in the field of geology.
2. The director of mineral resources shall either appoint the state geologist or carry out the duties of the state geologist along with the duties of director of mineral resources. Prior to appointment of a state geologist the director of mineral resources may appoint an acting state geologist.
3. The state geologist is under the direction and control of the director of mineral resources.

Source: S.L. 1989, ch. 646, § 5; 2005 ch. 42, § 31.

54-17.4-06. State geologist — Authority.

The state geologist is the head of the survey and shall exercise the powers of the office and be responsible for the execution of its duties.

Source: S.L. 1989, ch. 646, § 6; 2005, ch. 42, § 32.

54-17.4-07. State geologist — Grants, funds, and contracts.

The state geologist, with the approval of the director of mineral resources, may accept and expend money from and enter into contracts with federal, state, local, or other public entities to carry out the purposes of this chapter or to provide geological services. If such funds exceed appropriations made by the legislative assembly, the director of mineral resources shall seek emergency commission approval for their expenditure.

Source: S.L. 1989, ch. 646, § 7; 2005, ch. 42, § 33.

54-17.4-08. State geologist — Acquisition of geological and geophysical data — Confidentiality.

The state geologist has the authority:

1. To acquire geological and geophysical data including seismic, magnetic, and gravity data by purchase or by acceptance of donated proprietary data.
2. To provide for the confidentiality of geological and geophysical data when requested by the seller or donor until the seller or donor notifies the state geologist that confidentiality is no longer required. Confidential data may be used only by the state geologist and staff members designated by the state geologist.

Source: S.L. 1989, ch. 646, § 8.

54-17.4-09. State geologist — Specimens collected — Exhibited — Exchanged.

The state geologist shall cause proper specimens, skillfully prepared, secured, and labeled, of rocks, minerals, ores, coals, fossils, and other earth materials discovered or examined in the course of the geological surveys to be preserved for public inspection free of cost. The state geologist, when practicable, shall cause duplicate specimens in reasonable numbers and quantities to be collected and preserved for the purpose of exchange with or transfer to universities, colleges, governmental bodies, and scientific institutions.

Source: S.L. 1989, ch. 646, § 9.

54-17.4-09.1. Fossil excavation and restoration fund — Continuing appropriation.

A special fund known as the fossil excavation and restoration fund must be maintained in the state treasury. Funds received by the geological survey for participation in a public fossil dig, fossil excavation, fossil restoration, and fossil exhibit must be deposited in the fund. All moneys in the fund are appropriated on a continuing basis to the geological survey for the purpose of public fossil dig expenses, fossil excavation, fossil restoration, and fossil exhibit development. The provisions of section 54-27-10 do not apply to appropriations from this fund.

Source: S.L. 1997, ch. 44, § 12; 2021, ch. 403, § 1, effective July 1, 2021.

54-17.4-10. State geologist — Purchase and sale of maps — Appropriation.

The state geologist is authorized to purchase cartographic products from the federal government for the purpose of reselling the products to the public at a fee set by the state geologist. All moneys collected from the sale of the products must be deposited in the cartographic products fund. This fund must be maintained as a special fund and all moneys transferred into the fund are hereby appropriated and must be used and disbursed solely for the purpose of paying the state geologist’s cost of purchasing and reselling the products.

Source: S.L. 1989, ch. 646, § 10.

54-17.4-11. State geologist — Colleges and universities — Cooperation.

The board of higher education and the survey shall develop a cooperative agreement for the sharing of books, equipment, and other physical resources.

Source: S.L. 1989, ch. 646, § 11.

54-17.4-12. State geologist — Collection of global positioning system data — Fee. [Repealed]

Source: S.L. 1995, ch. 510, § 2; repealed by 2021, ch. 402, § 2, effective August 1, 2021.

54-17.4-13. Geologic data preservation fund — Continuing appropriation.

The geologic data preservation fund may be used to defray the expenses of preserving geologic data compiled by the commission and disseminating the data to county, state, and federal departments and agencies and members of the general public. All moneys collected for dissemination of geologic data under this section must be deposited in the geologic data preservation fund. This fund must be maintained as a special fund in the state treasury and all moneys transferred into the fund are appropriated and must be used and disbursed solely for the purpose of paying the current cost of providing information as determined by the commission based on actual costs.

Source: S.L. 2007, ch. 314, § 5.

54-17.5-01. Declaration of findings and public purpose.

The legislative assembly finds and declares that North Dakota’s lignite industry produces approximately thirty million tons of lignite annually, contributing to our state’s and nation’s energy independence by generating electricity for more than two million people in the northern great plains region and by producing synthetic natural gas from coal that heats three hundred thousand homes and businesses in eastern states, which is equivalent to over twenty thousand barrels of oil per day. The legislative assembly further finds and declares that North Dakota’s lignite industry generates over twenty-eight thousand direct and indirect jobs for North Dakota, nearly three billion dollars in annual business volume, and over one hundred three million dollars in annual tax revenue. The legislative assembly further finds and declares that it is an essential governmental function and public purpose to assist with the development and wise use of North Dakota’s vast lignite resources by supporting a lignite research, development, and marketing program that promotes economic, efficient, and clean uses of lignite and products derived from lignite in order to maintain and enhance development of North Dakota lignite and its products; support educational activities relating to the lignite industry; preserve and create jobs involved in the production and utilization of North Dakota lignite; ensure economic stability, growth, and opportunity in the lignite industry; and maintain a stable and competitive tax base for our state’s lignite industry for the general welfare of North Dakota. The legislative assembly further finds and declares that development of North Dakota’s lignite resources must be conducted in an environmentally sound manner that protects our state’s air, water, and soil resources as specified by applicable federal and state law.

Source: S.L. 1991, ch. 589, § 2; 2009, ch. 42, § 13.

54-17.5-02. Lignite research council — Compensation — Appointment of members.

The industrial commission shall consult with the lignite research council established by executive order in matters of policy affecting the administration of the lignite research fund. Section 44-03-04 does not apply to members of the council appointed by the governor.

Source: S.L. 1991, ch. 589, § 2; 2005, ch. 487, § 3; 2015, ch. 14, § 19, effective July 1, 2015.

Effective Date.

The 2015 amendment of this section by section 19 of chapter 14, S.L. 2015 became effective July 1, 2015.

54-17.5-03. Priority projects, processes, and activities.

In evaluating applications for funding from the lignite research fund for North Dakota’s lignite research, development, and marketing program, the industrial commission and lignite research council shall give priority to those projects, processes, or activities that will preserve existing jobs and production, which will create the greatest number of new jobs and most additional lignite production and economic growth potential in coal-producing counties or those counties with recoverable coal reserves, which will attract matching private industry investment equal to at least fifty percent or more of the total cost, and which will result in development and demonstration of a marketable lignite product or products with a high level of probability of near term commercialization. For marketing applications, priority must be given to those projects, processes, or activities that develop baseline information, implement specific marketing strategies, and otherwise contribute to the effective marketing of lignite and its products. For reclamation applications, priority must be given to those projects, processes, or activities that will reduce unnecessary regulatory costs and assist in effectively reclaiming surface mined land to its original or better productivity as soon as possible. Any projects, activities, or processes selected by the commission for funding must achieve the priorities and purposes of the program, must have undergone technical review and be determined to have technical merit, must have generated matching private industry investment, and must have received a favorable lignite research council recommendation.

Source: S.L. 1991, ch. 589, § 2; 1997, ch. 450, § 1.

54-17.5-04. Industrial commission powers.

The industrial commission is hereby granted all powers necessary or appropriate to carry out and effectuate the purposes of this chapter, including the power:

1. To make grants or loans, and to provide other forms of financial assistance as necessary or appropriate, to qualified persons for research, development, and marketing projects, processes, or activities directly related to lignite and products derived from lignite.
2. To make and execute contracts and all other instruments necessary or convenient for the performance of its powers and functions under this chapter, including the authority to contract for the administration of the lignite research, development, and marketing program.
3. To issue evidences of indebtedness as authorized in this chapter and to borrow money in an amount not to exceed six million dollars from the Bank of North Dakota for a period not to exceed five years on the terms and conditions as the Bank of North Dakota and the industrial commission may approve without the necessity of establishing or maintaining any reserve fund as otherwise required by section 54-17.5-05.
4. To receive and accept aid, grants, or contributions of money or other things of value from any source to be held, used, and applied to carry out the purposes of this chapter, subject to the conditions upon which the aid, grants, or contributions are made, including aid, grants, or contributions from any department, agency, or instrumentality of the United States for any purpose consistent with the provisions of this chapter.
5. To issue and sell evidences of indebtedness in an amount or amounts as the commission may determine, plus costs of issuance, financing, and any evidences of indebtedness funded reserve funds required by agreements with or for the benefit of holders of the evidences of indebtedness for the purpose of funding research, development, and marketing projects, processes, or activities directly related to lignite and products derived from lignite.
6. To refund and refinance its evidences of indebtedness from time to time as often as it is advantageous and in the public interest to do so, and to pledge any and all income and revenues derived by the commission under this chapter or from a project, process, or activity funded under this chapter to secure payment or redemption of the evidences of indebtedness.

Source: S.L. 1991, ch. 589, § 2; 2007, ch. 413, § 4.

54-17.5-05. Evidences of indebtedness.

1. Evidences of indebtedness issued by the industrial commission under this chapter are payable solely from:
   1. Appropriations by the legislative assembly from moneys in the lignite research fund.
   2. Revenues or income that may be received by the commission from lignite projects, processes, or activities funded under this chapter with the proceeds of the commission’s evidences of indebtedness.
   3. Revenues or income received by the commission under this chapter from any source.
2. Not later than July fifteenth of each year preceding the biennial session of the legislative assembly, the industrial commission shall submit to the office of the budget a request for the amount required to be appropriated from the lignite research fund to pay debt service on outstanding evidences of indebtedness during the following biennium.
3. The evidences of indebtedness are not subject to taxation by the state or any of its political subdivisions and are not debt of the state or of any officer or agent of the state within the meaning of any statutory or constitutional provision. The evidences of indebtedness must be executed by the manual or facsimile signature of a member or members of the commission and the manual signature of a designated authenticating agent. Any evidences of indebtedness bearing the signature of a member of the commission in office at the date of signing are valid and binding for all purposes notwithstanding that before delivery the person has ceased to be a member of the commission.
4. The industrial commission shall establish and maintain a reserve fund for evidences of indebtedness issued under this chapter. There must be deposited in the reserve fund:
   1. All moneys appropriated by the legislative assembly to the commission for the purpose of the reserve fund.
   2. All proceeds of evidences of indebtedness issued under this chapter required to be deposited in the reserve fund by the terms of any contract between the commission and the holders of its evidences of indebtedness or any resolution of the commission concerning the proceeds of its evidences of indebtedness.
   3. Any lawfully available moneys of the commission which it may determine to deposit in the reserve fund.
   4. Any moneys from any other source made available to the commission for deposit in the reserve fund.
5. Moneys in the reserve fund may be expended only to pay the principal of and interest on evidences of indebtedness, including payment of any premium required to be paid when evidences of indebtedness are redeemed prior to maturity, and sinking fund installments as the same become due and payable.
6. Moneys in the reserve fund may only be withdrawn in conformity with the terms of any contract between the commission and the holders of its evidences of indebtedness or any resolution of the commission concerning the proceeds of its evidences of indebtedness.
7. The industrial commission must include in its biennial request to the office of the budget the amount, if any, necessary to restore the reserve fund to an amount equal to the amount required to be deposited in the fund by the terms of any contract or resolution described in subdivision b of subsection 4. The legislative assembly may appropriate such amount from the lignite research fund to the commission for deposit in the reserve fund. If sufficient moneys are not available in the lignite research fund, the legislative assembly may appropriate any amount necessary out of any moneys in the general fund or any special funds in the state treasury not otherwise appropriated.

Source: S.L. 1991, ch. 589, § 2; 1993, ch. 516, § 1.

54-17.5-06. Access to commission records.

1. Materials and data submitted to, or made or received by, the commission, to the extent that the commission determines the materials or data consist of trade secrets or commercial, financial, or proprietary information of individuals or entities applying to or contracting with the commission or receiving commission services under this chapter are subject to section 44-04-18.4.
2. A person or entity must file a request with the commission to have material designated as confidential under subsection 1. A request to have material designated as confidential is exempt as defined in section 44-04-17.1. The request must contain any information required by the commission, and must include at least the following:
   1. A general description of the nature of the information sought to be protected.
   2. An explanation of why the information derives independent economic value, actual or potential, from not being generally known to other persons.
   3. An explanation of why the information is not readily ascertainable by proper means by other persons.
   4. A general description of any person or entity that may obtain economic value from disclosure or use of the information, and how the person or entity may obtain this value.
   5. A description of the efforts used to maintain the secrecy of the information.
3. Any information submitted under subsection 2 is confidential. The commission shall examine the request and determine whether the information is relevant to the matter at hand and is a trade secret under the definition in section 47-25.1-01 or 44-04-18.4. If the commission determines the information is either not relevant or not a trade secret, the commission shall notify the requester and the requester may ask for the return of the information and request within ten days of the notice. If no return is sought, the information and request are a public record.
4. The names or identities of independent technical reviewers on any project or program and the names of individual lignite council members making recommendations are confidential and may not be disclosed by the commission.

Source: S.L. 1991, ch. 589, § 2; 1993, ch. 517, § 1; 2007, ch. 413, § 5.

54-17.6-01. Definitions.

1. “Commission” means the North Dakota industrial commission.
2. “Council” means the oil and gas research council.

Source: S.L. 2003, ch. 472, § 1.

54-17.6-02. Oil and gas research council purposes.

There is created the oil and gas research council. The purpose of the council is to coordinate a program designed to demonstrate to the general public the importance of the state oil and gas exploration and production industry, to encourage and promote the wise and efficient use of energy, to promote environmentally sound exploration and production methods and technologies, to develop the state’s oil and gas resources, to support research and educational activities concerning the oil and natural gas exploration and production industry, and to promote innovation in safety, enhancement of environment, and increase in education concerning the distribution of petroleum products.

Source: S.L. 2003, ch. 472, § 1; 2011, ch. 399, § 1.

54-17.6-03. Commission to operate council.

The commission shall operate, manage, and control the council.

Source: S.L. 2003, ch. 472, § 1.

54-17.6-04. Powers and duties of commission in managing and operating council.

The commission is granted all the powers necessary or appropriate to carry out and effectuate the purposes of this chapter, including the power to:

1. Make grants or loans, and to provide other forms of financial assistance as necessary or appropriate, to qualified persons for research, development, marketing, and educational projects, and processes or activities directly related to the oil and gas exploration, production, or refining industry, or the petroleum marketing industry;
2. Enter into contracts or agreements to carry out the purposes of this chapter, including authority to contract for the administration of the oil and gas research, development, marketing, and educational program;
3. Keep accurate records of all financial transactions performed under this chapter;
4. Cooperate with any private, local, state, or national commission, organization, or agent, or group and to make contracts and agreements for programs benefiting the oil and gas industry;
5. Accept donations, grants, contributions, and gifts from any public or private source and deposit such in the oil and gas research fund; and
6. Make and explore orders, rules, and regulations necessary to effectuate the purposes of this chapter.

Source: S.L. 2003, ch. 472, § 1; 2011, ch. 399, § 2.

54-17.6-05. Oil and gas research council — Members.

1. The oil and gas research council is composed of seven members, four of whom must currently be engaged in and have at least five years of active experience in the oil and natural gas exploration and production industry. The council consists of:
   1. Four members appointed by the governor from a list provided by the North Dakota petroleum council. The governor may reject the list and request the council to submit a new list until the appointments are made.
   2. One member appointed by the governor from a list provided by the North Dakota association of oil and gas producing counties. The governor may reject the list and request the association to submit a new list until the appointment is made.
   3. The executive director of the North Dakota petroleum council or the executive director’s designee.
   4. A county commissioner from an oil producing county appointed by the governor.
   5. The director of the oil and gas division and the state geologist shall serve on the council as advisory nonvoting members.
2. Subject to subsection 6, the terms of office for members of the council are three years but of those first appointed, two serve for one year, two serve for two years, and three serve for three years.
3. The council shall select its chairman from among its members.
4. The council shall have at least one regular meeting each year and such additional meetings as the chairman determines necessary at a time and place to be fixed by the chairman. Special meetings must be called by the chairman on written request of any three members. Five members constitute a quorum.
5. The council shall recommend to the commission the approval of grants, loans, or other financial assistance necessary or appropriate for funding, research, development, marketing, and educational projects or activities and any other matters related to this chapter.
6. Members of the council appointed by the governor serve at the pleasure of the governor.

Source: S.L. 2003, ch. 472, § 1; 2005, ch. 487, § 4; 2007, ch. 463, § 1; 2013, ch. 45, § 24.

Effective Date.

The 2013 amendment of this section by section 24 of chapter 45, S.L. 2013 became effective July 1, 2013.

54-17.6-06. Access to council records.

1. Materials and data submitted to, or made or received by, the council or commission, to the extent that the council determines the materials or data consist of trade secrets or commercial, financial, or proprietary information of individuals or entities applying to or contracting with the council or receiving council services under this chapter, are not public records subject to section 44-04-18 and section 6 of article XI of the Constitution of North Dakota, and are subject to section 44-04-18.4.
2. A person or entity must file a request with the council or commission to have material designated as confidential under subsection 1. The request must contain any information required by the council and must include at least the following:
   1. A general description of the nature of the information sought to be protected.
   2. An explanation of why the information derives independent economic value, actual or potential, from not being generally known to other persons.
   3. An explanation of why the information is not readily ascertainable by proper means by other persons.
   4. A general description of any person or entity that may obtain economic value from disclosure or use of the information, and how the person or entity may obtain this value.
   5. A description of the efforts used to maintain the secrecy of the information.
3. Any request under subsection 2 is confidential. The council shall examine the request and determine whether the information is relevant to the matter at hand and is a trade secret under the definition in section 47-25.1-01 or 44-04-18.4. If the council determines the information is either not relevant or not a trade secret, the council shall notify the requester and the requester may ask for the return of the information and request within ten days of the notice. If no return is sought, the information and request are a public record.
4. The names or identities of independent technical reviewers on any project or program and the names of council members making recommendations are confidential, may not be disclosed by the council, and are not public records subject to section 44-04-18 or section 6 of article XI of the Constitution of North Dakota.

Source: S.L. 2003, ch. 472, § 1.

54-17.7-01. North Dakota pipeline authority.

There is created the North Dakota pipeline authority, which shall be governed by the industrial commission.

Source: S.L. 2007, ch. 464, § 2.

54-17.7-02. Definitions.

As used in this chapter:

1. “Authority” means the industrial commission acting as the North Dakota pipeline authority.
2. “Commission” means the North Dakota industrial commission.
3. “Energy-related commodities” means any substance, element, or compound, either gaseous, liquid, or solid, associated with the production, refining, or processing of renewable energy, crude oil, natural gas, coal, or coal byproducts, including oil, natural gas liquids, refined petroleum products, carbon dioxide, hydrogen, ethanol, propane, butane, ethane, methane, sulfur, helium, synthetic fuels, nitrogen, biodiesel, green diesel, and liquids made from coal.
4. “Natural gas” means hydrocarbons or nonhydrocarbons that at atmospheric conditions of temperature and pressure are in a gaseous phase.
5. “Notice of intent” means the notice a person delivers to the authority indicating willingness to construct pipeline facilities contemplated by the authority or to provide services fulfilling the need for such pipeline facilities.
6. “Pipeline facilities” means pipelines, pumps, compressors, storage, and all other facilities, structures, and properties incidental and necessary or useful in the interconnection of pipelines or the transportation, distribution, and delivery of energy-related commodities to points of sale or consumption or to the point or points of distribution for consumption located within and without this state.
7. “Project area” means the geographic area in which construction of a pipeline facility contemplated by the authority is likely to occur.

Source: S.L. 2007, ch. 464, § 2; 2009, ch. 473, § 1; 2011, ch. 460, § 6.

54-17.7-03. Pipeline authority purposes.

The authority is created for the purpose of diversifying and expanding the North Dakota economy by facilitating development of pipeline facilities to support the production, transportation, and utilization of North Dakota energy-related commodities, thereby increasing employment, stimulating economic activity, augmenting sources of tax revenue, fostering economic stability, and improving the state’s economy.

Source: S.L. 2007, ch. 464, § 2.

54-17.7-04. Powers.

The authority has all powers necessary to carry out the purposes of this chapter, including the power to:

1. Make grants or loans and to provide other forms of financial assistance as necessary or appropriate for the purposes of this chapter.
2. Make and execute contracts and all other instruments necessary or convenient for the performance of the authority’s powers and functions.
3. Acquire, purchase, hold, use, lease, license, sell, transfer, and dispose of an undivided or other interest in or the right to capacity in any pipeline system or systems, including interconnection of pipeline systems, within or without the state of North Dakota in order to facilitate the production, transportation, distribution, or delivery of energy-related commodities produced in North Dakota as a purchaser of last resort. The obligation of the state may not exceed ten percent of the pipeline authority’s acquisition or purchase of a right to capacity in any pipeline system or systems, or interconnection of pipeline systems, and the state’s obligation is limited to the funding available from the oil and gas research fund.
4. Borrow money and issue evidences of indebtedness as provided in this chapter.
5. Receive and accept aid, grants, or contributions of money or other things of value from any source, including aid, grants, or contributions from any department, agency, or instrumentality of the United States, subject to the conditions upon which the aid, grants, or contributions are made and consistent with the provisions of this chapter.
6. Issue and sell evidences of indebtedness in an amount or amounts as the authority may determine, but not to exceed eight hundred million dollars, plus costs of issuance, credit enhancement, and any reserve funds required by agreements with or for the benefit of holders of the evidences of indebtedness for the purposes for which the authority is created under this chapter, provided that the amount of any refinancing shall not be counted toward such eight hundred million dollar limitation to the extent it does not exceed the outstanding amount of the obligations being refinanced.
7. Refund and refinance its evidences of indebtedness.
8. Make and execute interest rate exchange contracts.
9. Enter lease-sale contracts.
10. Pledge any and all revenues derived by the authority under this chapter or from a pipeline facility, service, or activity funded under this chapter to secure payment or redemption of the evidences of indebtedness.
11. To the extent and for the period of time necessary for the accomplishment of the purposes for which the authority was created plan, finance, develop, acquire, own in whole or in part, lease, rent, and dispose of pipeline facilities.
12. Enter contracts to construct, maintain, and operate pipeline facilities.
13. Consult with the public service commission, regional organizations, and any other relevant state or federal authority or persons as necessary and establish reasonable fees, rates, tariffs, or other charges for pipeline facilities and all services rendered by the authority.
14. Lease, rent, and dispose of pipeline facilities owned pursuant to this chapter.
15. Investigate, plan, prioritize, and propose corridors for the transport of energy-related commodities.
16. Make and execute contracts and all other instruments necessary or convenient for the performance of the authority’s powers and functions with other state pipeline authorities.
17. Cooperate with and participate in joint projects, research projects, and other activities with other state pipeline authorities and participate in and join regional pipeline organizations.
18. Do any and all things necessary or expedient for the purposes of the authority provided in this chapter.

Source: S.L. 2007, ch. 464, § 2; 2009, ch. 473, § 2.

54-17.7-05. Authority may act.

1. Before exercising its powers to construct pipeline facilities granted to it in this chapter except for subsection 3 of section 54-17.7-04, the authority shall publish in a newspaper of general circulation in North Dakota and in a newspaper in the project area a notice describing the need for pipeline facilities contemplated by the authority. A person willing to construct the pipeline facilities or furnish services to satisfy the needs described in the notice has a period of one hundred eighty days from the date of last publication of the notice within which to delivery to the authority a notice of intent. After receipt of a notice of intent, the authority may not exercise its powers to construct pipeline facilities unless the authority finds that exercising its authority would be in the public interest. In making such a finding, the authority shall consider factors, including economic impact to the state, economic feasibility, technical performance, reliability, past performance, and the likelihood of successful completion and ongoing operation.
2. The authority may require a person giving a notice of intent to provide a bond and to submit a plan for completion of the pipeline facilities or commencement of services within a period of time acceptable to the authority. If no person submits an adequate plan or bond as required by the authority, the authority may proceed with contracting for construction of the facility described in the authority’s published notice.

Source: S.L. 2007, ch. 464, § 2.

54-17.7-06. Authority may participate upon request.

The authority may participate in a pipeline facility through financing, planning, joint ownership, or other arrangements at the request of a person giving a notice of intent.

Source: S.L. 2007, ch. 464, § 2.

54-17.7-07. Evidences of indebtedness.

1. Evidences of indebtedness of the authority must be authorized by resolution of the industrial commission and may be issued in one or more series and must bear such date or dates, mature at such time or times, bear interest at such rate or rates of interest per year, be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable from such sources in such medium of payment at such place or places within or without the state, and be subject to such terms of redemption, with or without premium, as such resolution or resolutions may provide. Evidences of indebtedness of the authority are to mature not more than forty years from the date of issue. Evidences of indebtedness of the authority may be sold at such time or times and at such price or prices as the authority determines.
2. Evidences of indebtedness and grants, loans, or other forms of financial assistance issued by the authority are payable solely from:
   1. Revenues that may be received by the authority from pipeline facilities, services, or activities funded under this chapter with the proceeds of the authority’s evidences of indebtedness, subject only to prior payment of the reasonable and necessary expenses of operating and maintaining such pipeline facilities except depreciation.
   2. Amounts received by the authority under loans authorized under this chapter.
   3. Revenues received by the authority under this chapter from any source other than general tax revenues.
3. The evidences of indebtedness are not subject to taxation by the state or any of its political subdivisions and do not constitute a debt of the state of North Dakota within the meaning of any statutory or constitutional provision and must contain a statement to that effect on their face.
4. The authority may establish and maintain a reserve fund for evidences of indebtedness issued under this chapter. There must be deposited in the reserve fund:
   1. All moneys appropriated by the legislative assembly to the authority for the purpose of the reserve fund.
   2. All proceeds of evidences of indebtedness issued under this chapter required to be deposited in the reserve fund by the terms of any contract between the authority and the holders of its evidences of indebtedness or any resolution of the authority.
   3. Any lawfully available moneys of the authority which it may determine to deposit in the reserve fund.
   4. Any moneys from any other source made available to the authority for deposit in the reserve fund or any contractual right to the receipt of moneys by the authority for the purpose of the fund, including a letter of credit, surety bond, or similar instrument.
5. The authority must include in its biennial request to the office of the budget the amount, if any, necessary to restore any reserve fund established under this section to an amount equal to the amount required to be deposited in the fund by the terms of any contract or resolution approved by the commission.
6. Any pledge of revenue made by the industrial commission as security for the authority’s evidences of indebtedness is valid and binding from time to time when the pledge is made. The revenues or other moneys so pledged and thereafter received by the authority are immediately subject to the lien of any such pledge without any physical delivery thereof or further act, and the lien of any such pledge is valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the authority, regardless of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be filed or recorded except in the records of the authority.
7. The authority may obtain from any entity of the state, any department or agency of the United States, or any nongovernmental insurer, any insurance, guaranty, or liquidity facility, or from a financial institution, a letter of credit to the extent such insurance, guaranty, liquidity facility, or letter of credit now or hereafter available, as to, or for, the payment or repayment of, interest or principal, or both, or any part thereof, on any evidences of indebtedness issued by the authority pursuant to this chapter, and may enter into any agreement or contract with respect to any such insurance, guaranty, letter of credit, or liquidity facility, and pay any required fee, unless the same would impair or interfere with the ability of the authority to fulfill the terms of any agreement made with the holders of its evidences of indebtedness.
8. After issuance, all evidences of indebtedness of the authority are conclusively presumed to be fully authorized and issued under the laws of the state, and any person or governmental unit is estopped from questioning their authorization, sale, issuance, execution, or delivery by the authority.
9. When the authority has issued evidences of indebtedness and pledged the revenues of the pipeline facilities for the payment thereof as herein provided, the authority shall operate and maintain the pipeline facilities and shall impose and collect fees and charges for the services furnished by the pipeline facilities, including those furnished to the authority itself, in the amounts and at the rates as are fully sufficient at all times to:
   1. Pay the expenses of operating and maintaining the pipeline facilities.
   2. Provide a debt service fund sufficient to assure the prompt payment of principal and interest on the evidences of indebtedness at maturity.
   3. Provide a reasonable fund for contingencies as may be required by the resolution authorizing the evidences of indebtedness.

Source: S.L. 2007, ch. 464, § 2.

54-17.7-08. Public service commission jurisdiction and consultation.

1. Until sold or disposed of by the authority, the authority and the pipeline facilities built under this chapter are exempt from the provisions of title 49 except for chapters 49-22 and 49-22.1 and sections 49-02-01.2 and 49-07-05.1. Upon sale or disposal by the authority, pipeline facilities built under this chapter are subject to the provisions of title 49.
2. The authority shall consult with the public service commission with respect to the rates charged by the authority for use of its pipeline facilities and such rates must thereafter be considered just and reasonable in proceedings before the public service commission pursuant to section 49-05-06.
3. The authority shall conduct its activities in consultation with pipeline providers, the oil and gas research council, energy-related commodities interests, and other persons having relevant expertise.

Source: S.L. 2007, ch. 464, § 2; 2007, ch. 565, § 1; 2017, ch. 328, § 25, effective July 1, 2017.

Note.

Section 54-17.7-08 was created and amended by the 2007 Legislative Assembly. The section is printed above as amended by section 1 of chapter 565, Session Laws 2007, Senate Bill 2077.

54-17.7-09. Bonds as legal investments.

The bonds of the authority are legal investments which may be used as collateral for public funds of the state, insurance companies, banks, savings and loan associations, credit unions, investment companies, trustees, and other fiduciaries which may properly and legally invest funds in their control or belonging to them in bonds of the authority. The state investment board may invest in bonds of the authority in an amount specified by the state investment board.

Source: S.L. 2007, ch. 464, § 2.

54-17.7-10. Disposal of pipeline facilities.

1. Before becoming an owner or partial owner of a pipeline facility or acquiring capacity in a pipeline system, the authority shall develop a plan identifying:
   1. The public purposes of the authority’s ownership or capacity acquisition.
   2. Conditions that would make the authority’s ownership no longer necessary for accomplishing those public purposes.
   3. A plan to divest the authority’s ownership or capacity interest as soon as economically prudent once those conditions occur.
2. For pipeline facilities that are leased to another entity by the authority at the end of the lease, absent default by the lessee, the authority shall convey its interest in the pipeline facilities to the lessee.
3. For pipeline facilities that are owned by the authority without a lessee, the authority shall divest itself of ownership as soon as economically prudent in accordance with the divestiture plan developed pursuant to subsection 1.

Source: S.L. 2007, ch. 464, § 2.

54-17.7-11. Pipeline authority administrative fund — Continuing appropriation.

There is created a pipeline authority administrative fund.

1. Revenue to the fund must include:
   1. Moneys received from the state’s oil and gas research council administrative budget.
   2. Moneys received from any federal agency for the purpose of this section.
   3. Moneys donated to the pipeline authority for the purposes of this section.
   4. Moneys received from the state’s oil and gas impact fund.
   5. Such other moneys as may be deposited in the fund for use in carrying out the purposes of the authority.
2. This fund must be maintained as a special fund and all moneys transferred into the fund are appropriated on a continuing basis and must be used and disbursed solely for the purpose of defraying the administrative costs incurred by the pipeline authority.
3. Utilizing funds from the oil and gas research fund, the industrial commission shall contract for or hire staffing necessary to effectively administer the pipeline authority.

Source: S.L. 2007, ch. 464, § 2.

54-17.7-12. Access to authority records.

1. Materials and data submitted to, or made or received by, the authority, to the extent that the authority determines the materials or data consist of trade secrets or commercial, financial, or proprietary information of individuals or entities applying to or contracting with the authority or receiving authority services under this chapter are subject to section 44-04-18.4.
2. A person or entity must file a request with the authority to have material designated as confidential under subsection 1. The request must contain any information required by the authority, and must include at least:
   1. A general description of the nature of the information sought to be protected.
   2. An explanation of why the information derives independent economic value, actual or potential, from not being generally known to other persons.
   3. An explanation of why the information is not readily ascertainable by proper means by other persons.
   4. A general description of any person or entity that may obtain economic value from disclosure or use of the information and how the person or entity may obtain this value.
   5. A description of the efforts used to maintain the secrecy of the information.
   6. The fact that a request has been made is exempt.
3. The information submitted pursuant to subsection 2 is confidential. The authority shall examine the request and determine whether the information is relevant to the matter at hand and is a trade secret under the definition in section 47-25.1-01 or 44-04-18.4. If the authority determines the information is either not relevant or not a trade secret, the authority shall notify the requester and the requester may ask for the return of the information and request within ten days of the notice. If no return is sought, the information and request are a public record.

Source: S.L. 2007, ch. 464, § 2.

54-17.7-13. Reporting requirements.

The authority shall deliver a written report on its activities to the legislative council each biennium. The authority is not subject to the requirements of chapter 54-60.1, but to ensure public accountability, the authority shall provide an annual report to the industrial commission detailing activities and expenditures incurred during the preceding year.

Source: S.L. 2007, ch. 464, § 2.

54-17.8-01. Definitions.

1. “Advisory board” means the North Dakota outdoor heritage advisory board.
2. “Commission” means the industrial commission.
3. “Fund” means the North Dakota outdoor heritage fund.

Source: S.L. 2013, ch. 408, § 1.

Effective Date.

This chapter became effective July 1, 2013.

54-17.8-02. North Dakota outdoor heritage fund — Continuing appropriation.

There is created a North Dakota outdoor heritage fund that is governed by the commission. Any money deposited in the fund is appropriated on a continuing basis to the commission for the purposes of this chapter. Interest earned by the fund must be credited to the fund. The commission shall keep accurate records of all financial transactions performed under this chapter.

Source: S.L. 2013, ch. 408, § 1.

54-17.8-03. North Dakota outdoor heritage fund purposes.

1. The commission shall use the fund to provide grants to state agencies, tribal governments, political subdivisions, and nonprofit organizations, with higher priority given to enhance conservation practices in this state by:
   1. Providing access to private and public lands for sportsmen, including projects that create fish and wildlife habitat and provide access for sportsmen;
   2. Improving, maintaining, and restoring water quality, soil conditions, plant diversity, animal systems, and by supporting other practices of stewardship to enhance farming and ranching;
   3. Developing, enhancing, conserving, and restoring wildlife and fish habitat on private and public lands; and
   4. Conserving natural areas and creating other areas for recreation through the establishment and development of parks and other recreation areas.
2. The commission or grantee may not use the fund, in any manner, to finance:
   1. Litigation;