N.D. Cent. Code § 54-03.3-01 — ND Code / Title 54 / Chapter 54-03.3 / Section 54-03.3-01
54-03.3-01. Adoption of compact
Status: repealed

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:

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:

"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:

a. 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

b. 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. 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;

c. 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

d. 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.

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;

e. To oversee the defense and enforcement of the compact in appropriate legal

venues;

f. To request funds and to disburse those funds to support the operations of the

commission, compact administrator, and Convention; and

g. 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.

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.

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.

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:

a. 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

b. 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.

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.

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.

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:

a. Congress first calls the Convention in accordance with this compact; and

b. The Convention rules of this compact are adopted by the Convention as its first

order of business.

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

c. 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.

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.
N.D. Cent. Code § 54-52.1-15 — ND Code / Title 54 / Chapter 54-52.1 / Section 54-52.1-15
54-52.1-15. Acceptance and expenditure of third-party payments - Continuing appropriation
Status: in_force

54-52.1-15. Acceptance and expenditure of third-party payments - Continuing

appropriation.

The board may receive moneys from third parties, including the federal government,

pursuant to one or more federal programs. Any money received from a third party by the board

is appropriated to the board on a continuing basis for the board's use in paying benefits,

premiums, or administrative expenses under the uniform group insurance program.
N.D. Cent. Code § 54-27-30 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-30
54-27-30. Definitions for the foundation aid stabilization fund - Uses of the foundation aid stabilization fund
Status: in_force

54-27-30. Definitions for the foundation aid stabilization fund - Uses of the foundation

aid stabilization fund.

1. For the purposes of section 24 of article X of the Constitution of North Dakota:

a. "Education-related purposes" means purposes related to public elementary and

secondary education.

b. "State aid to school districts" means:

(1) The general fund appropriations to the department of public instruction for

state school aid, transportation aid, and special education aid; and

(2) The general fund appropriations to the department of career and technical

education for grants to school districts and area centers.

2. Any accessible funds in the foundation aid stabilization fund, exceeding the required

reserves under section 24 of article X of the Constitution of North Dakota, may be

used only for education-related purposes, including state aid to school districts, career

and technical education grants to school districts and area centers, and education-

related property tax relief.
N.D. Cent. Code § 54-18-16 — ND Code / Title 54 / Chapter 54-18 / Section 54-18-16
54-18-16. Contracts of association recognized - Property to remain vested in state
Status: repealed

54-18-16. Contracts of association recognized - Property to remain vested in state

Repealed by omission from this code.
N.D. Cent. Code § 54-44.3-14.1 — ND Code / Title 54 / Chapter 54-44.3 / Section 54-44.3-14.1
54-44.3-14.1. Mediation - Open records exemption - Retaliation prohibition
Status: in_force

54-44.3-14.1. Mediation - Open records exemption - Retaliation prohibition

Records of the division relating to mediation services provided by the division are exempt

from section 44-04-18. An employee may not be discharged, disciplined, or penalized

concerning the employee's compensation, conditions, location, or other privileges of

employment because of the employee's request for or participation in the mediation services

provided by the division.
N.D. Cent. Code § 54-44-13 — ND Code / Title 54 / Chapter 54-44 / Section 54-44-13
54-44-13. Failure of political subdivisions to repay natural disaster overpayments - Office of management and budget authorized to withhold funds
Status: in_force

54-44-13. Failure of political subdivisions to repay natural disaster overpayments -

Office of management and budget authorized to withhold funds.

Whenever an overpayment made to any state political subdivision under the Disaster Relief

Act of 1970 [Pub. L. 91-606; 84 Stat. 1744], and all acts amendatory and supplemental thereto,

is not repaid by the following July first, the state office of management and budget shall:

1. Upon certification from the governor's natural disaster representative that a political

subdivision is delinquent in repaying such overpayment, withhold all funds,

grants-in-aid, tax shares, and other similar moneys due the subdivision from the state

until the subdivision repays either the federal or state government.

2. Cease to withhold funds when the governor's natural disaster representative certifies

that the subdivision has repaid the overpayment.
N.D. Cent. Code § 54-30-29 — ND Code / Title 54 / Chapter 54-30 / Section 54-30-29
54-30-29. Real estate bond funds
Status: in_force

54-30-29. Real estate bond funds

The real estate bond funds on deposit with the state treasurer must be maintained in the

sums needed to pay outstanding valid enforceable real estate series bonds of the state of North

Dakota and lawful interest thereon. All money in said funds not needed for such bonds and

interest must upon the effective date of sections 54-30-29 through 54-30-33 be transferred by

the state treasurer to the general fund in accordance with the provisions of subsection 2 of

section 54-30-11.
N.D. Cent. Code § 54-17.2-03 — ND Code / Title 54 / Chapter 54-17.2 / Section 54-17.2-03
54-17.2-03. Powers
Status: in_force

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.
N.D. Cent. Code § 54-24.3-08 — ND Code / Title 54 / Chapter 54-24.3 / Section 54-24.3-08
54-24.3-08. Regional library cooperative - Board
Status: in_force

54-24.3-08. Regional library cooperative - Board

Each participating library shall designate a representative to sit on the board of the regional

library cooperative. At its first meeting, the board shall elect a president, vice president,

treasurer, and any other officer it determines to be necessary. The director of the designated

library resource center shall serve as an ex officio nonvoting member of the board. The board

shall meet at least six times a year and has the power to contract, hire staff and set

compensation levels, and adopt bylaws for the conduct of its business. The term of office for all

officers of the board is one year, commencing on the January first after election.
N.D. Cent. Code § 54-12-17 — ND Code / Title 54 / Chapter 54-12 / Section 54-12-17
54-12-17. Consumer protection and antitrust division
Status: in_force

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.
N.D. Cent. Code § 54-68-05 — ND Code / Title 54 / Chapter 54-68 / Section 54-68-05
54-68-05. Review board
Status: in_force

54-68-05. Review board

1. A guardianship and conservatorship review board is created to conduct disciplinary

proceedings and issue sanctions for a guardian or conservator. The guardianship and

conservatorship review board shall consist of:

a. One member representing guardians, appointed by the guardianship association

of North Dakota;

b. One member representing family guardians, appointed by the chief justice of the

supreme court;

c. One member representing the protection and advocacy project, appointed by the

committee on protection and advocacy;

d. Two members appointed by the state bar association of North Dakota, consisting

of:

(1) One lawyer licensed to practice law in the state who is not an active judge or

employee of a judge; and

(2) One retired judge, judicial referee, or surrogate judge; and

e. Two members of the public, appointed by the governor.

2. Initially, members of the review board shall serve staggered terms as follows:

a. Two members shall serve a term of one year;

b. Two members shall serve a term of two years; and

c. Three members shall serve a term of three years.

3. After the expiration of initial terms, all appointments must be for a term of three years.

A member may not serve more than two consecutive terms of three years.

4. A member of the review board serves at the will of the appointing authority, and may

be removed for good cause. A vacancy must be filled in the same manner as the

original appointment for the unexpired portion of the term.

5. A member of the review board may not receive compensation for their service but is

entitled to payment for mileage and travel expenses incurred in the conduct of

committee business as provided under sections 44-08-04 and 54-06-09.

6. Office staff, under the oversight of the operations committee, shall develop by rule

complaint protocols, hearing procedures, ethics rules, disciplinary measures, and

sanctions. Office staff, under the oversight of the operations committee, may develop

other rules necessary for the review board.

7. Review board meetings are closed meetings under chapter 44-04.
N.D. Cent. Code § 54-17.3-05 — ND Code / Title 54 / Chapter 54-17.3 / Section 54-17.3-05
54-17.3-05. Coordination of quaternary fossil finds
Status: in_force

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.
N.D. Cent. Code § 54-66-02 — ND Code / Title 54 / Chapter 54-66 / Section 54-66-02
54-66-02. Disclosure of ultimate and true source of funds
Status: in_force

54-66-02. Disclosure of ultimate and true source of funds

1. A lobbyist who expends an amount greater than two hundred dollars to lobby shall file

with the secretary of state a report that includes the known ultimate and true source of

funds for the expenditure. The report must be filed with the lobbyist expenditure report

required under subsection 2 of section 54-05.1-03.

2. A person that expends an amount greater than two hundred dollars, not including the

individual's own travel expenses and membership dues, to influence state government

action shall file with the secretary of state a report including the known ultimate and

true source of funds for the expenditure. A report under this subsection must be filed

on or before the August first following the date of the expenditure. The secretary of

state shall provide a form for reports under this subsection and make the form

electronically accessible to the public. The secretary of state also shall charge and

collect fees for late filing of the reports as follows:

a. Twenty-five dollars for a report filed within sixty days after the deadline; or

b. Fifty dollars for a report filed more than sixty days after the deadline.

3. The secretary of state shall compile the reports required under this section and make

the reports electronically accessible to the public.

4. A resident taxpayer may commence an action in a district court of this state against a

person required to comply with this section to compel compliance if all other

enforcement measures under this chapter have been exhausted and the taxpayer

reasonably believes the person has failed to comply with this section.

5. The secretary of state shall determine adjustments for inflation of the reporting

thresholds in this section and instruct persons submitting reports under this section of

the adjustments. On January first of each year, the secretary shall determine whether

the accumulated change in the consumer price index for all urban consumers (all

items, United States city average), as applied to each reporting threshold in this

section, would result in an adjustment of at least ten dollars of the threshold in effect

on that date. If so, the secretary of state shall deem the reporting threshold adjusted

by ten dollars.
N.D. Cent. Code § 54-44.4-15 — ND Code / Title 54 / Chapter 54-44.4 / Section 54-44.4-15
54-44.4-15. Purchasing contracts - Prohibition - Israel boycott
Status: in_force

54-44.4-15. Purchasing contracts - Prohibition - Israel boycott

1. As used in this section:

a. "Boycott Israel" means engaging in refusals to deal, terminating business

activities, or other similar commercial actions intended to limit commercial

relations with persons doing business in Israel or in Israeli-controlled territories

when the actions are taken:

(1) In compliance or adherence to calls for a boycott of Israel, other than those

boycotts under Public Law No. 96-72 [50 U.S.C. 2407(c)]; or

(2) In a manner that discriminates on the basis of nationality, national origin, or

religion.

b. "Company" means any organization, association, corporation, partnership, joint

venture, limited partnership, limited liability company, or other entity or business

association, including a wholly owned subsidiary, majority-owned subsidiary,

parent company, or affiliate.

2. A state entity that enters a contract that includes a provision prohibiting discrimination

shall require the contract to include a provision prohibiting a party to the contract from

boycotting Israel for the duration of the contract. The office of management and budget

or purchasing agency may waive the requirement in this subsection if the waiver is in

the best interest of the state. A waiver under this subsection may not affect the

enforceability of a contract.

3. If the state receives evidence that a company boycotts Israel, the state shall determine

whether the company boycotts Israel. If accompanied by the conduct described under

subsection 1, a company statement that indicates the company is participating in a

boycott of Israel or has taken boycott action at the request, in compliance with, or in

furtherance of calls for a boycott of Israel, may be considered as one type of

evidence that the company is participating in a boycott of Israel. An expressive

activity, alone, directed at a specific person or a governmental action may not be

considered evidence of a boycott of Israel.

4. This section does not apply to:

a. A contract with a value of less than one hundred thousand dollars; or

b. A contract with a company that has fewer than ten full-time employees.
N.D. Cent. Code § 54-17.5-02 — ND Code / Title 54 / Chapter 54-17.5 / Section 54-17.5-02
54-17.5-02. Lignite research council - Compensation - Appointment of members
Status: in_force

54-17.5-02. Lignite research council - Compensation - Appointment of members

1. The industrial commission shall engage in regular and substantive consultation with

the lignite research council in matters of policy affecting the administration of the lignite

research fund, including holding regularly scheduled grant meetings and activities,

receiving formal written recommendations from the lignite research council, and

providing opportunities for the lignite research council to review and provide input on

proposed policies. Section 44-03-04 does not apply to members of the lignite research

council appointed by the governor.

2. The lignite research council is composed of twenty-four members appointed by the

governor from a list provided by the lignite energy council and two members of the

legislative assembly appointed by the chairman of the legislative management. The

governor may reject the list and request the lignite energy council submit a new list

until the appointments are made. The lignite research council consists of:

a. Six members representing lignite processing;

b. Three members representing lignite research;

c. Four members representing state agencies involved with lignite activities;

d. Four members representing mining;

e. One member representing the workforce community;

f. One member representing political subdivisions;

g. Two members representing transmission interests;

h. One Native American tribal representative; and

i. Two members representing landowners.

3. The lignite research council shall elect its chairman and vice chairman from among its

members.

4. The lignite research council shall elect five members from among its members to serve

with the chairman and vice chairman as an executive committee, to act on behalf of

the lignite research council between lignite research council meetings. The executive

committee shall meet at the request of the chairman.

5. The lignite research council shall meet at least twice a year and additional meetings as

the chairman determines necessary at a time and place to be fixed by the chairman. A

special meeting must be called by the chairman on written request of any three

members. A majority of active members constitutes a quorum.

6. The lignite research council shall recommend to the industrial 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.

7. Members of the lignite research council appointed by the governor serve at the

pleasure of the governor.

8. A member of the lignite research council who is a member of the legislative assembly

is entitled to receive per diem compensation at the rate as provided under section

54-35-10 for each day devoted to attending meetings or performing other duties

relating to the official business of the lignite research council. The legislative council

shall pay the per diem compensation and reimbursement for travel and expenses as

provided by law for any member of the lignite research council who is a member of the

legislative assembly.
N.D. Cent. Code § 54-12-31 — ND Code / Title 54 / Chapter 54-12 / Section 54-12-31
54-12-31. Bond conditions
Status: in_force

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.
N.D. Cent. Code § 54-10-10 — ND Code / Title 54 / Chapter 54-10 / Section 54-10-10
54-10-10. Salary of state auditor
Status: in_force

54-10-10. Salary of state auditor

The annual salary of the state auditor is one hundred thirty-nine thousand two hundred

fifty-six dollars through June 30, 2026, and one hundred forty-three thousand four hundred

thirty-four dollars thereafter.
N.D. Cent. Code § 54-17.4-09 — ND Code / Title 54 / Chapter 54-17.4 / Section 54-17.4-09
54-17.4-09. State geologist - Specimens collected - Exhibited - Exchanged
Status: in_force

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.
N.D. Cent. Code § 54-52.4-05 — ND Code / Title 54 / Chapter 54-52.4 / Section 54-52.4-05
54-52.4-05. Certification for leave to care for child, spouse, parent, or employee's serious health condition
Status: in_force

54-52.4-05. Certification for leave to care for child, spouse, parent, or employee's

serious health condition.

1. If an employee requests family leave for the reasons described in subdivision c, d, or f

of subsection 1 of section 54-52.4-02 or leave under section 54-52.4-03, the employer

may require the employee to provide certification, as described in subsection 2, from

the provider of health care to the child, spouse, parent, or employee.

2. An employer may not require certification of more than:

a. That the child, spouse, parent, or employee has a serious health condition.

b. The date the serious health condition commenced and its probable duration.

c. Within the knowledge of the health care provider, the medical facts regarding the

serious health condition.
N.D. Cent. Code § 54-06-14.1 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-14.1
54-06-14.1. State leave sharing program
Status: repealed

54-06-14.1. State leave sharing program

Repealed by S.L. 2021, ch. 394, § 3.
N.D. Cent. Code § 54-46-04 — ND Code / Title 54 / Chapter 54-46 / Section 54-46-04
54-46-04. Duties of administrator
Status: in_force

54-46-04. Duties of administrator

The administrator shall, with due regard for the functions of the agencies concerned:

1. Establish standards, procedures, and techniques for effective management of records.

2. Make continuing surveys of operations and recommend improvements in current

records management practices including the use of space, equipment, and supplies

employed in creating, maintaining, storing, and servicing records.

3. Establish standards for the preparation of schedules providing for the retention of state

records of continuing value and for the final disposition of state records no longer

possessing administrative, legal, or fiscal value.

4. Ensure that each departmental agency maintains, for at least one year, data contained

in electronic mail accounts for agency heads, state officers appointed by the governor

under chapter 44-02, and elected executive branch officials.

5. Develop a training program for agencies regarding the management of state records.

6. Obtain reports from agencies as are required for the administration of the program.

7. Receive reports of noncompliance with the records management program. Upon

review of the report, the administrator shall:

a. Recommend training for the noncompliant agency;

b. Submit the report to human resource management services for consultation to

determine whether disciplinary action is appropriate;

c. Submit the report to the office of the state auditor to include noncompliance

findings in the agency's audit and to determine whether reporting findings of

noncompliance to the legislative audit and fiscal review committee is appropriate;

or

d. Submit the report to the office of the attorney general to determine appropriate

action, including prosecution or referral to human resource management services

or the agency's human resources department for disciplinary action.
N.D. Cent. Code § 54-59-05 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-05
54-59-05. Powers and duties of department
Status: in_force

54-59-05. Powers and duties of department

The department:

1. Shall provide, supervise, and regulate information technology of all executive branch

state entities, excluding the institutions under the control of the state board of higher

education.

2. Shall provide network services in a way that ensures the network requirements of a

single entity do not adversely affect the functionality of the whole network, facilitates

open communications with the citizens of the state, minimizes the state's investment in

human resources, accommodates an ever-increasing amount of traffic, supports rapid

detection and resolution of problems, protects the network infrastructure from damage

and security breaches, provides for the aggregation of data, voice, video, and

multimedia into a statewide transport mechanism or backbone, and provides for the

network support for the entity to carry out its mission.

3. May review and approve additional network services that are not provided by the

department.

4. May purchase, finance the purchase, or lease equipment, software, or implementation

services or replace, including by trade or resale, equipment or software as may be

necessary to carry out this chapter. An agreement to finance the purchase of software,

equipment, or implementation services may not exceed a period of five years. The

department shall submit any intended financing proposal for the purchase of software,

equipment, or implementation services under this subsection, which is in excess of

one million dollars, to the legislative assembly or the budget section if the legislative

assembly is not in session before executing a financing agreement. Any request

considered by the budget section must comply with section 54-35-02.9. If the

legislative assembly or the budget section does not approve the execution of a

financing agreement, the department may not proceed with the proposed financing

arrangement. The department may finance the purchase of software, equipment, or

implementation services only to the extent the purchase amount does not exceed

seven and one-half percent of the amount appropriated to the department during that

biennium.

5. Shall review requests for lease, purchase, or other contractual acquisition of

information technology as required by this subsection. Each executive branch agency

or institution, excluding the institutions under the control of the board of higher

education, shall submit to the department, in accordance with guidelines established

by the department, a written request for the lease, purchase, or other contractual

acquisition of information technology. The department shall review requests for

conformance with the requesting entity's information technology plan and compliance

with statewide policies and standards. If the request is not in conformance or

compliance, the department may disapprove the request or require justification for the

departure from the plan or statewide policy or standard.

6. Shall provide information technology, including assistance and advisory service, to the

executive, legislative, and judicial branches. If the department is unable to fulfill a

request for service from the legislative or judicial branch, the information technology

may be procured by the legislative or judicial branch within the limits of legislative

appropriations.

7. Shall request and review information, including project startup information

summarizing the project description, project objectives, business need or problem,

cost-benefit analysis, and project risks and a project closeout information summarizing

the project objectives achieved, project budget and schedule variances, and lessons

learned, regarding any major information technology project of an executive branch

agency. The department shall present the information to the information technology

committee on request of the committee.

8. May request and review information regarding any information technology project of an

executive branch agency with a total cost of between one hundred thousand and five

million dollars as determined necessary by the department. The department shall

present the information to the information technology committee on request of the

committee.

9. Shall study emerging technology and evaluate its impact on the state's system of

information technology.

10. Shall develop guidelines for reports to be provided by each agency of the executive,

legislative, and judicial branches, excluding the institutions under the control of the

board of higher education, on information technology in those entities.

11. Shall collaborate with the state board of higher education on guidelines for reports to

be provided by institutions under control of the state board of higher education on

information technology in those entities.

12. Shall perform all other duties necessary to carry out this chapter.

13. May provide wide area network services to a state agency, city, county, school district,

or other political subdivision of this state. The information technology department may

not provide wide area network service to any private, charitable, or nonprofit entity

except the information technology department may continue to provide the wide area

network service the department provided to the private, charitable, and nonprofit

entities receiving services from the department on January 1, 2003.

14. Shall assure proper measures for security, firewalls, and internet protocol addressing

at the state's interface with other facilities.

15. Notwithstanding subsection 13, may provide wide area network services for a period

not to exceed four years to an occupant of a technology park associated with an

institution of higher education or to a business located in a business incubator

associated with an institution of higher education.

16. Shall advise and oversee cybersecurity strategy for all executive branch state

agencies, including institutions under the control of the state board of higher

education, counties, cities, school districts, or other political subdivisions. For purposes

of this subsection, the department shall consult with the attorney general on

cybersecurity strategy.

17. Shall advise and consult with the legislative and judicial branches regarding

cybersecurity strategy.

18. Notwithstanding chapter 54-40.2, may enter a memorandum of understanding with

other state, local, tribal, or territorial governments of the United States for purposes of

ensuring the confidentiality, availability, and integrity of state, local, and tribal

information systems and data, including consulting, developing cybersecurity strategy,

prevention of cybersecurity incidents, and response strategies to cybersecurity

incidents. The department may charge an amount equal to the cost of the services

rendered by the department to all agencies that receive and expend moneys from

other than the general fund.

19. Notwithstanding chapter 54-40.2, may enter a mutual aid agreement with other state,

local, tribal, or territorial governments of the United States agreeing to the reciprocal

exchange of resources and services for mutual benefit of the parties related to

cybersecurity efforts for the purposes of responding to or mitigating active

cybersecurity incidents. The department may receive in-kind benefits that reduce

cybersecurity risks to information technology or shall charge an amount equal to the

cost of the services rendered by the department to all agencies that receive and

expend moneys from other than the general fund.

20. May provide information technology and cybersecurity services to any administrative,

elementary education, secondary education, and higher education institution under the

control of a tribal government of this state. The services provided and the cost of

services must be equal to those provided to state agencies. An agreement for services

entered under this section is not subject to the provisions of chapter 54-40.2.
N.D. Cent. Code § 54-59-11 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-11
54-59-11. Information technology plans
Status: in_force

54-59-11. Information technology plans

Each executive branch state agency or institution, excluding the institutions under the

control of the board of higher education, unless the chief information officer grants an

exemption, shall participate in the information technology planning process based on guidelines

developed by the department. The statewide information technology plan must be developed

with emphasis on agency strategic goals, business objectives, and alignment to statewide

information technology initiatives.
N.D. Cent. Code § 54-01-20 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-20
54-01-20. The people defined
Status: in_force

54-01-20. The people defined

The people, as a political body, consist of:

1. Citizens who are electors; and

2. Citizens not electors.
N.D. Cent. Code § 54-27-21.1 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-21.1
54-27-21.1. Documentation of asset acquisitions
Status: repealed

54-27-21.1. Documentation of asset acquisitions

Repealed by S.L. 2025, ch. 495, § 1.
N.D. Cent. Code § 54-01-26 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-26
54-01-26. Residence - Rules for determining
Status: in_force

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.
N.D. Cent. Code § 54-14-04.3 — ND Code / Title 54 / Chapter 54-14 / Section 54-14-04.3
54-14-04.3. Severance pay - Definition - Settlements
Status: in_force

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.
N.D. Cent. Code § 54-52.3-01 — ND Code / Title 54 / Chapter 54-52.3 / Section 54-52.3-01
54-52.3-01. Pretax benefits program for public employees
Status: in_force

54-52.3-01. Pretax benefits program for public employees

The public employees retirement system board may establish a pretax benefits program for

all state employees and employees of district health units, including members of the legislative

assembly, under which an employee may reduce the employee's salary and elect benefits to the

extent of the reduction. A participating district health unit shall comply with the program

conditions and pay all fees established by the board.
N.D. Cent. Code § 54-35-27 — ND Code / Title 54 / Chapter 54-35 / Section 54-35-27
54-35-27. Legislative interim committee review of state agency fees
Status: in_force

54-35-27. Legislative interim committee review of state agency fees

1. The legislative management shall assign to one or more interim committees a study of

selected state agency fees as provided in this section.

a. By July 1, 2022, each state agency that is authorized to impose forty fees or

fewer shall submit a report to the office of management and budget including:

(1) The amount of each fee;

(2) When the fee was implemented;

(3) Why the fee is set at the specific dollar amount;

(4) Where the fee is deposited; and

(5) Whether the fee is critical for the budget of the agency.

b. By July 1, 2024, each state agency that is authorized to impose more than forty

fees shall submit a report to the legislative management including:

(1) The amount of each fee;

(2) When the fee was implemented;

(3) Why the fee is set at the specific dollar amount;

(4) Where the fee is deposited; and

(5) Whether the fee is critical for the budget of the agency.

c. By September first in the year the reports are received, the office of management

and budget shall compile all of the reports into a single report and provide the

report to the legislative management.

2. In addition to the report required under subsection 1, each state agency shall provide

an analysis of each fee. The analysis must include:

a. A comparison of revenue generated by the fee to the cost incurred to provide the

services associated with the fee;

b. The history of the fee, including when it was created and any subsequent

changes;

c. The appropriateness of the fee amount and the affordability of the fee to the

public; and

d. The appropriateness of using other government revenues to pay a portion of

services associated with the fee and the effect of the use of other revenues.

3. An interim committee assigned a fee study shall:

a. Make a recommendation regarding the fee which identifies whether the fee

should remain unchanged or be eliminated, increased, decreased, or otherwise

modified and the rationale for the recommendation.

b. Report its findings and recommendations to the legislative management. As part

of its recommendations, the committee shall identify potential state agency fees

to be reviewed during the subsequent interim.

4. Any state agency authorized by the legislative assembly to impose a fee shall provide

data, analysis, and other information as requested by the interim committee

conducting a study under this section.

5. Fees to be examined under this section include those deposited in the general fund or

the agency operating budget.

6. If a state agency is unable to meet the deadline imposed under subsection 1, the state

agency may appeal to the legislative management for an extension.

7. Notwithstanding any other provision of law, state agencies may not establish any new

fees under chapter 28-32 unless the fee was approved by the legislative assembly, the

budget section, or the emergency commission.

8. By July first of each even-numbered year, each agency that has fees shall provide a

report to the legislative management indicating whether any fees were added, deleted,

or changed during the course of the biennium.
N.D. Cent. Code § 54-52.1-04.3 — ND Code / Title 54 / Chapter 54-52.1 / Section 54-52.1-04.3
54-52.1-04.3. Self-insurance health plan - Reserve fund - Continuing appropriation - Benefits - Insurance commissioner
Status: in_force

54-52.1-04.3. Self-insurance health plan - Reserve fund - Continuing appropriation -

Benefits - Insurance commissioner.

1. Pursuant to chapter 26.1-36.6, the board shall establish and maintain under a

self-insurance health plan a reserve fund to provide for adverse fluctuations in future

charges, claims, costs, or expenses of the uniform group insurance program. Upon the

initial changeover from a contract for insurance pursuant to section 54-52.1-04 or a

health maintenance organization pursuant to section 54-52.1-04.1 to a self-insurance

health plan pursuant to section 54-52.1-04.2, the board must have a plan in place

which is reasonably calculated to meet within sixty months of the changeover the

funding requirements of chapter 26.1-36.6. All moneys in the reserve fund, not

otherwise appropriated, are appropriated to the board for the payment of claims and

other costs of the uniform group insurance program during periods of adverse claims

or cost fluctuations.

2. A self-insurance health plan must comply with section 26.1-36.6-03 and must provide

the same benefits required of a fully insured plan.

3. The insurance commissioner shall ensure compliance with and enforce the provisions

of this section pursuant to chapter 26.1-36.6.
N.D. Cent. Code § 54-03-22 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-22
54-03-22. When party or attorney is member of legislative assembly
Status: in_force

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.
N.D. Cent. Code § 54-18-08 — ND Code / Title 54 / Chapter 54-18 / Section 54-18-08
54-18-08. Bonds of manager and employees
Status: repealed

54-18-08. Bonds of manager and employees

Repealed by S.L. 1999, ch. 113, § 24.
N.D. Cent. Code § 54-24.4-02 — ND Code / Title 54 / Chapter 54-24.4 / Section 54-24.4-02
54-24.4-02. North Dakota library coordinating council - Compensation and expense reimbursement
Status: in_force

54-24.4-02. North Dakota library coordinating council - Compensation and expense

reimbursement.

Each member of the North Dakota library coordinating council is entitled to receive as

compensation sixty-two dollars and fifty cents per day, together with expenses as provided in

sections 44-08-04 and 54-06-09, while attending meetings or performing duties directed by the

council. No compensation may be paid under this section to any council member who receives

compensation as a regular state official or employee.
N.D. Cent. Code § 54-44.1-16 — ND Code / Title 54 / Chapter 54-44.1 / Section 54-44.1-16
54-44.1-16. Office of the budget and information technology department - New building construction cost-benefit analyses
Status: in_force

54-44.1-16. Office of the budget and information technology department - New

building construction cost-benefit analyses.

The office of the budget shall complete a cost-benefit analysis for each new building

construction project included in budget requests submitted by state agencies, departments, and

institutions. The analysis must review options for co-locating with other state agencies,

departments, or institutions and consider information on related technology costs and savings.

The office of the budget shall obtain the assistance of the information technology department,

and that department shall review the technology costs and savings involved in the proposed

building and provide the analysis to the office of the budget. The office of the budget shall report

on the cost-benefit analyses for building projects included in the governor's budget

recommendation to the legislative assembly at the same time as the governor's budget and

revenue proposals are presented.
N.D. Cent. Code § 54-24.2-04 — ND Code / Title 54 / Chapter 54-24.2 / Section 54-24.2-04
54-24.2-04. Maintenance of local effort
Status: repealed

54-24.2-04. Maintenance of local effort

Repealed by S.L. 2007, ch. 466, § 2.
N.D. Cent. Code § 54-60-24 — ND Code / Title 54 / Chapter 54-60 / Section 54-60-24
54-60-24. Rural development office
Status: in_force

54-60-24. Rural development office

1. The commissioner shall administer the rural development office. The purpose of the

office is to assist in the development of rural North Dakota communities.

2. The commissioner may contract with a third party for the provision of services for the

rural development office. If the commissioner contracts with a third party under this

subsection, all data and databases collected and created by the third party in

performing services for the office are the property of the department and the third

party.

3. The department may seek and accept any gift, grant, or donation of funds, property,

services, or other assistance from public or private sources for the purpose of

furthering the objectives of the rural development office.
N.D. Cent. Code § 54-66-04.1 — ND Code / Title 54 / Chapter 54-66 / Section 54-66-04.1
54-66-04.1. Commission delegation of duties
Status: in_force

54-66-04.1. Commission delegation of duties

The commission may delegate duties to the commission's executive director as necessary

to assure the efficient administration of the commission's responsibilities. Delegation of duties to

the executive director must be made through rules adopted by the commission at a public

meeting. The commission may reconsider, modify, or reverse actions taken by the executive

director pursuant to a delegated duty.
N.D. Cent. Code § 54-44.5-04 — ND Code / Title 54 / Chapter 54-44.5 / Section 54-44.5-04
54-44.5-04. Division of community services - Powers and duties
Status: in_force

54-44.5-04. Division of community services - Powers and duties

The division of community services shall:

1. Provide relevant information on pertinent topics and issues which relate to public

policy development, interpretation, modification, and implementation.

2. Develop state energy conservation policy and manage federal energy conservation

program activities between all levels of the public and private sectors regarding the

prudent and efficient use of energy resources.

3. Develop, implement, and administer federal categorical and block grant programs

assigned to the division.

4. Advise, coordinate, and assist cities, political subdivisions, and the state in all phases

of state and local planning for the physical development of the state.

5. Render financial assistance to any government planning agency within federal law or

regulation.

6. Advise, consult, coordinate, assist, and contract with or on behalf of the various

planning agencies in developing and harmonizing planning activities of the state.

7. Implement a state facility energy improvement program.
N.D. Cent. Code § 54-52-14 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-14
54-52-14. Acceptance of money and property by the board
Status: in_force

54-52-14. Acceptance of money and property by the board

The board may take by gift, grant, devise, or bequest, any money or real or personal

property or any other thing of value for the benefit of the employees retirement fund, and when

received, said property becomes a part of such fund.
N.D. Cent. Code § 54-21.3-04.1 — ND Code / Title 54 / Chapter 54-21.3 / Section 54-21.3-04.1
54-21.3-04.1. Accessibility standards - Automatic doors
Status: in_force

54-21.3-04.1. Accessibility standards - Automatic doors

1. Notwithstanding section 54-21.3-04, every building or facility subject to the federal

Americans with Disabilities Act of 1990 [Pub. L. 101-336; 104 Stat. 327] must conform

to the 2010 Americans with Disabilities Act standards for accessible design as

contained in title 28, Code of Federal Regulations, parts 35 and 36 [28 CFR 35

and 36].

2. A state agency or the governing body of a political subdivision shall require from any

individual preparing plans and specifications for a building or facility subject to the

Americans with Disabilities Act of 1990 [Pub. L. 101-336; 104 Stat. 327], a statement

that the plans and specifications are, in the professional judgment of that individual, in

conformance with the Americans with Disabilities Act standards for accessible design

as provided under subsection 1. A statement of conformance must be submitted to the

department of commerce division of community services for recording.

3. After July 31, 2013, a newly designed and constructed building in excess of seven

thousand five hundred square feet [696.77 square meters] which is classified within

the state building code as assembly, business, educational, institutional, or mercantile

occupancy and required by the state building code to be accessible must include at

the primary exterior public entrance an automatic door or power-assisted manual door

that complies with the requirements of the Americans with Disabilities Act of 1990,

revised 2010. If a multiple unit building does not have a primary exterior public

entrance, an individual unit within that building is not required to include an automatic

door or power-assisted manual door unless that individual unit is in excess of seven

thousand five hundred square feet [696.77 square meters].
N.D. Cent. Code § 54-17.4-07 — ND Code / Title 54 / Chapter 54-17.4 / Section 54-17.4-07
54-17.4-07. State geologist - Grants, funds, and contracts
Status: in_force

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.
N.D. Cent. Code § 54-44.1-11 — ND Code / Title 54 / Chapter 54-44.1 / Section 54-44.1-11
54-44.1-11. Office of management and budget to cancel unexpended appropriations - When they may continue (Effective through July 31, 2027)
Status: in_force

54-44.1-11. Office of management and budget to cancel unexpended appropriations -

When they may continue. (Effective through July 31, 2027)

Except as otherwise provided by law, the office of management and budget, thirty days after

the close of each biennial period, shall cancel all unexpended appropriations or balances of

appropriations after the expiration of the biennial period during which they became available

under the law. Unexpended appropriations for the state historical society are not subject to this

section and the state historical society shall report on the amounts and uses of funds carried

over from one biennium to the appropriations committees of the next subsequent legislative

assembly. Unexpended appropriations for the North Dakota university system are not subject to

this section and the North Dakota university system shall report on the amounts and uses of

funds carried over from one biennium to the next to subsequent appropriations committees of

the legislative assembly. The chairmen of the appropriations committees of the senate and

house of representatives of the legislative assembly with the office of the budget may continue

appropriations or balances in force for not more than two years after the expiration of the

biennial period during which they became available upon recommendation of the director of the

budget for:

1. New construction projects.

2. Major repair or improvement projects.

3. Purchases of new equipment costing more than ten thousand dollars per unit if it was

ordered during the first twelve months of the biennium in which the funds were

appropriated.

4. The purchase of land by the state on a "contract for deed" purchase if the total

purchase price is within the authorized appropriation.

5. Purchases by the department of transportation of roadway maintenance equipment

costing more than ten thousand dollars per unit if the equipment was ordered during

the first twenty-one months of the biennium in which the funds were appropriated.

6. Authorized ongoing information technology projects.

Office of management and budget to cancel unexpended appropriations - When they

may continue. (Effective after July 31, 2027) The office of management and budget, thirty

days after the close of each biennial period, shall cancel all unexpended appropriations or

balances of appropriations after the expiration of the biennial period during which they became

available under the law. Unexpended appropriations for the state historical society are not

subject to this section and the state historical society shall report on the amounts and uses of

funds carried over from one biennium to the appropriations committees of the next subsequent

legislative assembly. The chairmen of the appropriations committees of the senate and house of

representatives of the legislative assembly with the office of the budget may continue

appropriations or balances in force for not more than two years after the expiration of the

biennial period during which they became available upon recommendation of the director of the

budget for:

1. New construction projects.

2. Major repair or improvement projects.

3. Purchases of new equipment costing more than ten thousand dollars per unit if it was

ordered during the first twelve months of the biennium in which the funds were

appropriated.

4. The purchase of land by the state on a "contract for deed" purchase if the total

purchase price is within the authorized appropriation.

5. Purchases by the department of transportation of roadway maintenance equipment

costing more than ten thousand dollars per unit if the equipment was ordered during

the first twenty-one months of the biennium in which the funds were appropriated.

6. Authorized ongoing information technology projects.
N.D. Cent. Code § 54-52-02.5 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-02.5
54-52-02.5. Newly elected and appointed state officials
Status: in_force

54-52-02.5. Newly elected and appointed state officials

1. After December 31, 1999, but before January 1, 2025, an individual elected or

appointed to a state office for the first time must, from and after the date that individual

qualifies and takes office, be a participating member of the public employees

retirement system unless that person makes an election at any time during the first six

months after the date the person takes office to participate in the defined contribution

retirement plan established under chapter 54-52.6.

2. After December 31, 2024, an individual elected or appointed to a state office for the

first time, from and after the date that individual qualifies and takes office, must be a

participating member of the defined contribution retirement plan established under

chapter 54-52.6, unless at the time of election or appointment the individual is a

participating or deferred member under this chapter, in which case the official remains

a participating member under this chapter.

3. As used in this section, the phrase "for the first time" means an individual appointed,

who, after December 31, 1999, does not hold office as an appointed official at the time

of that individual's appointment.
N.D. Cent. Code § 54-44.4-03 — ND Code / Title 54 / Chapter 54-44.4 / Section 54-44.4-03
54-44.4-03. Director of the office of management and budget may delegate purchasing authority
Status: in_force

54-44.4-03. Director of the office of management and budget may delegate

purchasing authority.

The director of the office of management and budget or the director's designee may

delegate to state agencies and institutions the authority to make purchases of items not

otherwise exempted by law. Any delegation of purchasing authority must be in writing and must

specify what may be purchased by the agency or institution and the duration of the delegation.
N.D. Cent. Code § 54-40.3-02 — ND Code / Title 54 / Chapter 54-40.3 / Section 54-40.3-02
54-40.3-02. Clarification of constitutional authority and effect of other statutes - Construction
Status: in_force

54-40.3-02. Clarification of constitutional authority and effect of other statutes -

Construction.

1. The specificity of this chapter, chapter 54-40, or any other law may not be construed to

limit the general authority of a political subdivision to enter into agreements pursuant to

section 10 of article VII of the Constitution of North Dakota, except for specific

limitations on that authority, and subject to specific procedural requirements, imposed

by this chapter, any other law, or a home rule charter.

2. This chapter does not dispense with the procedural requirements of any other statute

providing for the joint or cooperative exercise of any governmental power.
N.D. Cent. Code § 54-52.4-03 — ND Code / Title 54 / Chapter 54-52.4 / Section 54-52.4-03
54-52.4-03. Use of other available leave for bereavement of child or care of parent, spouse, or child
Status: in_force

54-52.4-03. Use of other available leave for bereavement of child or care of parent,

spouse, or child.

An employer that provides leave for its employees for illnesses or other medical or health

reasons shall grant an employee's request to use that leave for the purposes authorized under

subsection 1 of section 54-52.4-02. Except as otherwise provided under this section, an

employee may take no more than four hundred eighty hours of leave under this section in any

twelve-month period. Any leave for bereavement is limited to one hundred sixty hours and must

be taken within six months following the death of the child. The employer shall compensate the

employee for leave used by the employee under this section on the same basis as the

employee would be compensated if the leave had been taken due to the employee's own illness

or other medical or health reason.
N.D. Cent. Code § 54-44.5-08 — ND Code / Title 54 / Chapter 54-44.5 / Section 54-44.5-08
54-44.5-08. State facility energy improvement program
Status: in_force

54-44.5-08. State facility energy improvement program

By August fifteenth of each odd-numbered year, the office shall inform all state agencies

and institutions of the state facility energy improvement program. The office shall work with

interested agencies and institutions to identify potential state facility energy improvement

programs and select facilities for indepth energy audits designed to provide information on

project costs along with estimated energy savings from implementation of those projects. The

office shall notify affected utilities to discuss the potential impact on the utility and its customers

of the proposed energy savings or conservation project. Upon completion of the energy audit,

the office, in consultation with the interested agencies or institutions, shall submit a list of

proposed projects to the governor, accompanied with the estimated cost of each project and

energy savings resulting from the projects. The office shall submit a report listing the proposed

energy savings or conservation projects to the governor by September first of each

even-numbered year. The governor shall include the proposed energy efficiency or conservation

projects in the biennial budget. The governor shall make available to the legislative assembly a

report prepared by the office on each energy efficiency or conservation project, a description of

the improvements to be financed, the estimated cost of each project, the total cost of the

program, and the proposed method of financing the program. If the office proposes that

evidences of indebtedness be issued to finance the energy efficiency or conservation

improvements, the office shall provide an assurance that energy savings resulting from the

improvements will be sufficient to equal or exceed the annual debt service of the evidences of

indebtedness. In determining whether the energy savings will be sufficient to equal or exceed

the annual debt service, the office, in consultation with the interested agencies or institutions,

may analyze state agency utility data to identify potential projects; perform detailed energy

audits of state facilities, including contracting for audits if necessary; and provide training to

facility maintenance staff to ensure that sufficient cost-savings are realized from projects to

cover the debt service. The governor shall include in the executive budget recommendation for

each state agency or institution participating in the state facility energy improvement program an

estimate of the annual energy cost-savings expected for that agency, and, if needed, a

projection of the debt service on program bonds that is apportioned to that agency. The

executive budget recommendation must then reduce the current level of utility appropriations by

the amount needed for debt service retirement and recommend an appropriation of that amount

to the state building authority. Any appropriation of an amount needed for debt service

retirement to the state building authority is not subject to the limitation contained in section

54-17.2-23.
N.D. Cent. Code § 54-52.6-07 — ND Code / Title 54 / Chapter 54-52.6 / Section 54-52.6-07
54-52.6-07. Participation in other plans
Status: in_force

54-52.6-07. Participation in other plans

A participating member may not participate in any other public sector retirement benefits

plan for simultaneous service rendered to the same public sector employer. However, this

section does not prohibit a participating member from participating in a retirement plan

established by this state or other public sector employer under the federal Internal Revenue

Code.
N.D. Cent. Code § 54-61-05 — ND Code / Title 54 / Chapter 54-61 / Section 54-61-05
54-61-05. Criminal history record checks
Status: in_force

54-61-05. Criminal history record checks

The commission may require a volunteer or final applicant for employment to submit to a

statewide and nationwide criminal history record check. The nationwide criminal history record

check must be conducted in the manner provided in section 12-60-24.
N.D. Cent. Code § 54-40.4-04 — ND Code / Title 54 / Chapter 54-40.4 / Section 54-40.4-04
54-40.4-04. Submission of charter to electors
Status: in_force

54-40.4-04. Submission of charter to electors

At least sixty days, but not more than two years, after submission of the proposed charter to

the affected governing bodies, the proposed charter must be submitted to a vote of the qualified

electors of each affected county and city at a primary or general election held concurrently. The

question on the ballot at the election must be framed in a manner that fairly and accurately

describes the substance of the proposed charter. If the proposed charter has been submitted to

a vote of the qualified electors of a county or city, the governing body may call a special election

to resubmit the proposed charter to a vote of the qualified electors, and the special election

must take place at least sixty days after the call for the special election.
N.D. Cent. Code § 54-11-02 — ND Code / Title 54 / Chapter 54-11 / Section 54-11-02
54-11-02. Monthly warrants turned over to office of management and budget
Status: repealed

54-11-02. Monthly warrants turned over to office of management and budget

Repealed by S.L. 1965, ch. 181, § 33.
N.D. Cent. Code § 54-66-14 — ND Code / Title 54 / Chapter 54-66 / Section 54-66-14
54-66-14. Attorney general to provide legal services
Status: in_force

54-66-14. Attorney general to provide legal services

The attorney general shall serve as legal counsel for the commission unless the

commission objects to representation by the attorney general in a specific matter. When a

conflict of interest prevents the attorney general from providing legal services to the

commission, the attorney general may appoint a special assistant attorney general to serve as

legal counsel for the commission.
N.D. Cent. Code § 54-24.3-16 — ND Code / Title 54 / Chapter 54-24.3 / Section 54-24.3-16
54-24.3-16. Dissolution of the regional library cooperative
Status: in_force

54-24.3-16. Dissolution of the regional library cooperative

If the need for a regional library cooperative ceases to exist, the board of the cooperative,

by a two-thirds vote of its members, may declare its intent to dissolve the organization and file

with the North Dakota library coordinating council a plan for affecting the dissolution. Upon

receipt of the dissolution plan, the council shall determine if the area of service can be allocated

to other regional library cooperatives, determine whether the assets and liabilities of the regional

library cooperative seeking to dissolve can be assumed and absorbed by adjoining regional

library cooperatives, and consider any other factors that relate to the operation and functioning

of the regional library cooperative seeking to dissolve. If the council determines that the regional

library cooperative should be dissolved, the dissolution takes effect when all legal and fiscal

obligations of the regional library cooperative have been satisfied.
N.D. Cent. Code § 54-03-12 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-12
54-03-12. Duties of secretary of senate and chief clerk of house
Status: in_force

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.
N.D. Cent. Code § 54-44.7-05 — ND Code / Title 54 / Chapter 54-44.7 / Section 54-44.7-05
54-44.7-05. Splitting projects or services contracts prohibited
Status: in_force

54-44.7-05. Splitting projects or services contracts prohibited

No using agency may separate service contracts or split or break projects for the purpose of

circumventing the provisions of this chapter.
N.D. Cent. Code § 54-12-33.1 — ND Code / Title 54 / Chapter 54-12 / Section 54-12-33.1
54-12-33.1. Human trafficking prevention training - Exemptions - Immunity - Continuing appropriation
Status: in_force

54-12-33.1. Human trafficking prevention training - Exemptions - Immunity -

Continuing appropriation.

1. As used in this section:

a. "Human trafficking" means human trafficking as defined in chapter 12.1-41.

b. "Human trafficking commission" means the commission established under section

54-12-33.

c. "Lodging establishment" means any hotel, motel, resort, building, or structure that

is used to provide sleeping accommodations to transient guests.

d. "Proprietor" means the person in charge of a lodging establishment and includes

an owner, lessee, and manager.

e. "Regulated occupation or profession" includes a profession regulated by the

education standards and practices board, an occupation or profession regulated

under title 43, and an attorney licensed to practice law in this state.

2. 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:

a. Human trafficking awareness;

b. How to recognize potential victims of human trafficking;

c. How to identify activities commonly associated with human trafficking; and

d. Effective responses to human trafficking situations, including how to report

suspected human trafficking to law enforcement.

3. A proprietor may:

a. Provide each onsite employee with the training described in subsection 2.

b. 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.

c. 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. An entity that regulates an occupation or profession may accept the training described

in subsection 2 for continuing education credit.

6. A proprietor or employee of a lodging establishment or a member of a regulated

occupation or profession who acts in good faith is immune from liability in any civil

action for reporting suspected human trafficking activities but a member of a regulated

occupation or profession may be subject to disciplinary action for the reporting if the

reporting violates an applicable ethics regulation imposed by the member's regulated

occupation or profession.

7. 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 and members of a regulated occupation or profession 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.
N.D. Cent. Code § 54-44.7-04 — ND Code / Title 54 / Chapter 54-44.7 / Section 54-44.7-04
54-44.7-04. Exception
Status: in_force

54-44.7-04. Exception

1. All state agencies securing architect, engineer, construction management, or land

surveying services for projects for which the fees are estimated not to exceed

thirty-five thousand dollars may employ the architects, engineers, construction

managers, and land surveyors by direct negotiation and selection, taking into account

all of the following:

a. The nature of the project.

b. The proximity of the architect, engineer, construction management, or land

surveying services to the project.

c. The capability of the architect, engineer, construction manager, or land surveyor

to produce the required services within a reasonable time.

d. Past performance.

e. Ability to meet project budget requirements.

This procedure shall still follow state policy set forth above.

2. Fees paid pursuant to this section during the twelve-month period immediately

preceding negotiation of the contract by any single state agency for professional

services performed by any one architectural, engineering, or land surveying person or

firm may not exceed seventy thousand dollars. All persons or firms seeking to render

professional services pursuant to this section shall furnish the state agency with which

the firm is negotiating a list of professional services, including the fees paid, performed

for the state agency during the twelve months immediately preceding the contract

being negotiated.
N.D. Cent. Code § 54-21.3-03 — ND Code / Title 54 / Chapter 54-21.3 / Section 54-21.3-03
54-21.3-03. State building code
Status: in_force

54-21.3-03. State building code

1. The department of commerce, in cooperation with the state building code advisory

committee, shall adopt rules to implement, amend, and periodically update the state

building code, which must consist of the international building, residential, mechanical,

and fuel gas codes.

2. The state building code advisory committee consists of:

a. Two representatives appointed by the North Dakota building officials association,

one of whom must be from a jurisdiction of fewer than ten thousand people.

b. One representative appointed by the North Dakota chapter of the American

institute of architects.

c. One representative appointed by the North Dakota society of professional

engineers.

d. One representative appointed by the North Dakota association of builders.

e. One representative appointed by the North Dakota association of mechanical

contractors.

f. One representative appointed by the associated general contractors.

g. A fire marshal appointed by the state fire marshal.

h. One individual appointed by the state electrical board.

3. The state building code advisory committee shall meet with the department of

commerce or a designee of the commissioner of commerce at least once each

calendar year to address proposed amendments to the state building code. The

department of commerce may not adopt an amendment to the state building code

unless the amendment is approved by a majority vote of:

a. One representative appointed by the North Dakota chapter of the American

institute of architects;

b. One representative appointed by the North Dakota society of professional

engineers;

c. One representative appointed by the North Dakota association of builders;

d. One representative appointed by the North Dakota association of mechanical

contractors;

e. One representative appointed by the associated general contractors; and

f. Representatives of eligible jurisdictions as established by administrative rule.

4. The state building code or a building code adopted by a city, township, or county may

not include a requirement that fire sprinklers be installed in a single family dwelling or a

residential building that contains no more than two dwelling units. The state building

code, plumbing code, electrical code, or an equivalent code adopted by a political

subdivision must provide that a building designed for and used as a school portable

classroom may be constructed and inspected as a temporary structure as defined by

the state building code or may be permitted as a permanent school portable

classroom. The foundation system of such a structure must comply with the

recommendations of the manufacturer's engineering report for a pre-engineered unit or

a structural engineer's report. Frost-free footings may not be required for a temporary

structure that meets the requirements of the state building code unless required by an

engineering report. Temporary electrical and plumbing installations may be allowed for

any structure by the governmental entities governing those areas of construction or the

applicable codes.

5. For the purposes of manufactured homes, the state building code consists of the

manufactured homes construction and safety standards under 24 CFR 3280 adopted

pursuant to the Manufactured Housing Construction and Safety Standards Act

[42 U.S.C. 5401 et seq.].

6. The governing body of a city, township, or county that elects to administer and enforce

a building code shall adopt and enforce the state building code. However, the state

building code may be amended by cities, townships, and counties to conform to local

needs.

7. A modular residential structure or a prebuilt home placed in the state must be

constructed in compliance with the state building code. A modular residential structure

or a prebuilt home placed in a jurisdiction that has amended the state building code

must be constructed in compliance with the state building code and the amendments

adopted by that jurisdiction.
N.D. Cent. Code § 54-44.1-02 — ND Code / Title 54 / Chapter 54-44.1 / Section 54-44.1-02
54-44.1-02. Office of the budget - Director - Employees - Powers
Status: in_force

54-44.1-02. Office of the budget - Director - Employees - Powers

The office of the budget is hereby established in the office of management and budget, for

the purpose of promoting economy and efficiency in the fiscal management of the state

government. The director of the office of management and budget is ex officio director of the

budget.

The director of the budget shall appoint a budget analyst who must hold a baccalaureate

degree from a recognized institution of higher learning and the appointment must be based

upon the qualifications of eligible persons. The position of budget analyst is not a classified

position and the budget analyst shall serve at the pleasure of the director of the budget. The

budget director shall employ such other professional, technical, and clerical personnel as the

director deems necessary to carry out the duties prescribed in this chapter and shall fix the

salary of all employees within the office of the budget within the limits of the legislative

appropriations. All personnel within the office of the budget must be allowed their actual and

necessary travel expenses at the same rate as for other employees of the state.
N.D. Cent. Code § 54-35-17 — ND Code / Title 54 / Chapter 54-35 / Section 54-35-17
54-35-17. Retention of legal counsel
Status: in_force

54-35-17. Retention of legal counsel

When the legislative assembly is in session, either house by resolution may authorize, or

both houses by concurrent resolution may direct, the legislative council to appoint or retain legal

counsel to appear in, commence, prosecute, defend, or intervene in any action, suit, matter,

cause, or proceeding in any court or agency when determined necessary or advisable to protect

the official interests of the legislative branch. When the legislative assembly is not in session,

the legislative management, by a majority vote, may authorize the legislative council to appoint

or retain legal counsel to appear in, commence, prosecute, defend, or intervene in any action,

suit, matter, cause, or proceeding in any court or agency when determined necessary or

advisable to protect the official interests of the legislative branch. Section 54-12-08 does not

apply to a person appointed or retained under this section.
N.D. Cent. Code § 54-35-02 — ND Code / Title 54 / Chapter 54-35 / Section 54-35-02
54-35-02. Powers and duties
Status: in_force

54-35-02. Powers and duties

In addition to the other applicable provisions of this chapter, the legislative management has

the following powers and duties:

1. To study, consider, accumulate, compile, and assemble information on any subject

upon which the legislative assembly may legislate, and upon such subjects as the

legislative assembly may by concurrent or joint resolution authorize or direct, or any

subject requested by a member of the legislative assembly; provided, that the

legislative management may screen and prioritize studies assigned by concurrent or

joint resolution to maintain its workload within the limitations of time and legislative

appropriations.

2. To collect information concerning the government and general welfare of the state and

of its political subdivisions.

3. To study and consider important issues of public policy and questions of general

interest.

4. To study and promote uniformity of legislation in the United States upon subjects upon

which uniformity is desirable and to receive, review, and make recommendations on

uniform and model laws recommended to it by the state commission on uniform state

laws.

5. To prepare proposed bills and resolutions for consideration of the succeeding

legislative assembly.

6. To call to its assistance other members of the legislative assembly, and it may create

committees consisting of its own members, or one or more of its own members and

one or more other members of the legislative assembly and delegate by written

resolution to such committees such of its powers and rights as it may deem advisable.

Committees of the legislative management may also include nonlegislator members.

Any member of the legislative assembly has the right to attend any meeting of the

legislative management and may present that member's views on any subject which

the legislative management may at any particular time be considering.

7. To issue subpoenas or subpoenas duces tecum in the manner provided in sections

54-03.2-08 and 54-03.2-09. Committees of the legislative management may issue

subpoenas and subpoenas duces tecum in the same manner if specifically authorized

by the legislative management. Failure to obey a subpoena issued by the legislative

management, or one of its committees, is contempt.

8. To control the use of the legislative chambers and permanent displays in memorial

hallway. Guidelines may be established pursuant to this subsection and the legislative

council shall administer any guidelines that are established.

9. To determine access to legislative information services and impose fees for providing

legislative information services and copies of legislative documents. This authority may

not be exercised in a manner that contravenes access to legislative documents as

otherwise provided by law.
N.D. Cent. Code § 54-27-21 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-21
54-27-21. Fixed asset minimum reporting value
Status: repealed

54-27-21. Fixed asset minimum reporting value

Repealed by S.L. 2025, ch. 495, § 1.
N.D. Cent. Code § 54-35.2-01 — ND Code / Title 54 / Chapter 54-35.2 / Section 54-35.2-01
54-35.2-01. Task force on intergovernmental issues - Membership - Meetings
Status: in_force

54-35.2-01. Task force on intergovernmental issues - Membership - Meetings

1. The legislative management may appoint task forces on intergovernmental issues

assigned by the legislative management based on a study directive of a legislative bill

or resolution and may appoint to each task force representatives of political

subdivisions, the governor or the governor's designee, and members of the legislative

assembly. The majority of the members of any task force appointed must be members

of the legislative assembly. Task force appointees as representatives of political

subdivisions may be selected from nominees of the North Dakota league of cities,

association of counties, township officers association, recreation and park association,

and school boards association.

2. The legislative management shall designate the chairman and vice chairman and the

study directive of each task force.

3. Each task force shall meet at the call of its chairman.
N.D. Cent. Code § 54-17.6-04 — ND Code / Title 54 / Chapter 54-17.6 / Section 54-17.6-04
54-17.6-04. Powers and duties of commission in managing and operating council
Status: in_force

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.
N.D. Cent. Code § 54-21.4-01 — ND Code / Title 54 / Chapter 54-21.4 / Section 54-21.4-01
54-21.4-01. Compact on industrialized or modular buildings
Status: in_force

54-21.4-01. Compact on industrialized or modular buildings

The interstate compact on industrialized or modular buildings is entered with all jurisdictions

legally joining the compact in the form substantially as follows:

ARTICLE 1. FINDINGS AND DECLARATIONS OF POLICY

1. The compacting states find that:

a. Industrialized or modular buildings are constructed in factories in the various

states and are a growing segment of the nation's affordable housing and

commercial building stock.

b. The regulation of industrialized or modular buildings varies from state to state and

locality to locality, which creates confusion and burdens state and local building

officials and the industrialized or modular building industry.

c. Regulation by multiple jurisdictions imposes additional costs, which are ultimately

borne by the owners and users of industrialized or modular buildings, restricts

market access, and discourages the development and incorporation of new

technologies.

2. It is the policy of each of the compacting states to:

a. Provide the states which regulate the design and construction of industrialized or

modular buildings with a program to coordinate and uniformly adopt and

administer the states' rules and regulations for such buildings, all in a manner to

assure interstate reciprocity.

b. Provide to the United States Congress assurances that would preclude the need

for a voluntary pre-emptive federal regulatory system for modular housing, as

outlined in section 572 of the Housing and Community Development Act of 1987,

including development of model standards for modular housing construction,

such that design and performance will ensure quality, durability, and safety; will

be in accordance with lifecycle cost-effective energy conservation standards; all

to promote the lowest total construction and operating costs over the life of such

housing.

ARTICLE 2. DEFINITIONS

As used in this compact, unless the context clearly requires otherwise:

1. "Commission" means the interstate industrialized or modular buildings commission.

2. "Industrialized or modular building" means any building which is of closed construction,

i.e., constructed in such a manner that concealed parts or processes of manufacture

cannot be inspected at the site, without disassembly, damage or destruction, and

which is made or assembled in manufacturing facilities, off the building site, for

installation, or assembly and installation, on the building site. "Industrialized or modular

building" includes modular housing which is factory-built single-family and multifamily

housing, including closed wall panelized housing, and other modular, nonresidential

buildings. "Industrialized or modular building" does not include any structure subject to

the requirements of the National Manufactured Home Construction and Safety

Standards Act of 1974.

3. "Interim reciprocal agreement" means a formal reciprocity agreement between a

noncompacting state wherein the noncompacting state agrees that labels evidencing

compliance with the model rules and regulations for industrialized or modular

buildings, as authorized in article VIII, section 9, shall be accepted by the state and its

subdivisions to permit installation and use of industrialized or modular buildings.

Further, the noncompacting state agrees that by legislation or regulation, and

appropriate enforcement by uniform administrative procedures, the noncompacting

state requires all industrialized or modular building manufacturers within that state to

comply with the model rules and regulations for industrialized or modular buildings.

4. "State" means a state of the United States, territory or possession of the United

States, the District of Columbia, or the Commonwealth of Puerto Rico.

5. "Uniform administrative procedures" means the procedures adopted by the

commission, after consideration of any recommendations from the rules development

committee, which state and local officials, and other parties, in one state, will utilize to

assure state and local officials, and other parties in other states, of the substantial

compliance of industrialized or modular building construction with the construction

standard of requirements of such other states; to assess the adequacy of building

systems; and to verify and assure the competency and performance of evaluation and

inspection agencies.

6. "Model rules and regulations for industrialized or modular buildings" means the

construction standards adopted by the commission, after consideration of any

recommendations from the rules development committee, which govern the design,

manufacture, handling, storage, delivery, and installation of industrialized or modular

buildings and building components. The construction standards and any amendments

thereof shall conform insofar as practicable to model building codes and referenced

standards generally accepted and in use throughout the United States.

ARTICLE 3. CREATION OF COMMISSION

The compacting states hereby create the interstate industrialized or modular buildings

commission, hereinafter called commission. Said commission shall be a body corporate of each

compacting state and an agency thereof. The commission shall have all the powers and duties

set forth herein and such additional powers as may be conferred upon it by subsequent action

of the respective legislatures of the compacting states.

ARTICLE 4. SELECTION OF COMMISSIONERS

The commission shall be selected as follows. As each state becomes a compacting state,

one resident shall be appointed as commissioner. The commissioner shall be selected by the

governor of the compacting state, being designated from the state agency charged with

regulating industrialized or modular buildings or, if such state agency does not exist, being

designated from among those building officials with the most appropriate responsibilities in the

state. The commissioner may designate another official as an alternate to act on behalf of the

commissioner at commission meetings which the commissioner is unable to attend.

Each state commissioner shall be appointed, suspended, or removed and shall serve

subject to and in accordance with the laws of the state which said commissioner represents;

and each vacancy occurring shall be filled in accordance with the laws of the state wherein the

vacancy exists.

When three state commissioners have been appointed in the manner described, those state

commissioners shall select one additional commissioner who shall be a representative of

manufacturers of industrial-use or commercial-use industrialized or modular buildings. When six

state commissioners have been appointed in the manner described, the state commissioners

shall select a second additional commissioner who shall be a representative of consumers of

industrialized or modular buildings. With each addition of three state commissioners, the state

commissioners shall appoint one additional representative commissioner, alternating between a

representative of manufacturers of industrialized or modular buildings and consumers of

industrialized or modular buildings. The ratio between state commissioners and representative

commissioners shall be three to one. In the event states withdraw from the compact or, for any

other reason, the number of state commissioners is reduced, the state commissioners shall

remove the last added representative commissioner as necessary to maintain a ratio of state

commissioners to representative commissioners of three to one.

Upon a majority vote of the state commissioners, the state commissioners may remove, fill

a vacancy created by, or replace any representative commissioner, provided that any

replacement is made from the same representative group and a three-to-one ratio is

maintained. Unless provided otherwise, the representative commissioners have the same

authority and responsibility as the state commissioners.

In addition, the commission may have as a member one commissioner representing the

United States government if federal law authorizes such representation. Such commissioner

shall not vote on matters before the commission. Such commission shall be appointed by the

President of the United States, or in such other manner as may be provided by Congress.

ARTICLE 5. VOTING

Each commissioner, except the commissioner representing the United States government,

shall be entitled to one vote on the commission. A majority of the commissioners shall constitute

a quorum for the transaction of business. Any business transacted at any meeting of the

commission must be by affirmative vote of a majority of the quorum present and voting.

ARTICLE 6. ORGANIZATION AND MANAGEMENT

The commission shall elect annually, from among its members, a chairman, a vice

chairman, and a treasurer. The commission shall also select a secretariat, which shall provide

an individual who shall serve as secretary of the commission. The commission shall fix and

determine the duties and compensation of the secretariat.

The commissioners shall serve without compensation, but shall be reimbursed for their

actual and necessary expenses from the funds of the commission.

The commission shall adopt a seal.

The commission shall adopt bylaws, rules, and regulations for the conduct of its business,

and shall have the power to amend and rescind these bylaws, rules, and regulations.

The commission shall establish and maintain an office at the same location as the office

maintained by the secretariat for the transaction of its business and may meet at any time, but in

any event must meet at least once a year. The chairman may call additional meetings and upon

the request of a majority of the commissioners of three or more of the compacting states shall

call an additional meeting.

The commission annually shall make the governor and legislature of each compacting state

a report covering its activities for the preceding year. Any donation or grant accepted by the

commission or services borrowed shall be reported in the annual report of the commission and

shall include the nature, amount, and conditions, if any, of the donation, gift, grant, or services

borrowed and the identity of the donor or lender. The commission may make additional reports

as it may deem desirable.

ARTICLE 7. COMMITTEES

The commission will establish such committees as it deems necessary, including the

following:

1. An executive committee which functions when the full commission is not meeting, as

provided in the bylaws of the commission. The executive committee will ensure that

proper procedures are followed in implementing the commission's programs and in

carrying out the activities of the compact. The executive committee shall be elected by

vote of the commission. It shall be comprised of at least three and no more than nine

commissioners, selected from those commissioners who are representatives of the

governor of their respective state.

2. A rules development committee appointed by the commission. The committee shall be

consensus-based and consist of not less than seven nor more than twenty-one

members. Committee members will include state building regulatory officials;

manufacturers of industrialized or modular buildings; private, third-party inspection

agencies; and consumers. This committee may recommend procedures which state

and local officials, and other parties in one state may utilize to assure state and local

officials, and other parties in other states of the substantial compliance of industrialized

or modular building construction with the construction standard requirements of such

other states; to assess the adequacy of building systems; and to verify and assure the

competency and performance of evaluation and inspection agencies. This committee

may also recommend construction standards for the design, manufacture, handling,

storage, delivery, and installation of industrialized or modular buildings and building

components. The committee will submit its recommendations to the commission, for

the commission's consideration in adopting and amending the uniform administrative

procedures and the model rules and regulations for industrialized or modular buildings.

The committee may also review the regulatory programs of the compacting states to

determine whether those programs are consistent with the uniform administrative

procedures or the model rules and regulations for industrialized or modular buildings

and may make recommendations concerning the states' programs to the commission.

In carrying out its functions, the rules committee may conduct public hearings and

otherwise solicit public input and comment.

3. Any other advisory, coordinating, or technical committees, membership on which may

include private persons, public officials, associations, or organizations. Such

committees may consider any matter of concern to the commission.

4. Such additional committees as the commission's bylaws may provide.

ARTICLE 8. POWER AND AUTHORITY

In addition to the powers conferred elsewhere in this compact, the commission shall have

power to:

1. Collect, analyze, and disseminate information relating to industrialized or modular

buildings.

2. Undertake studies of existing laws, codes, rules and regulations, and administrative

practices of the states relating to industrialized or modular buildings.

3. Assist and support committees and organizations which promulgate, maintain, and

update model codes or recommendations for uniform administrative procedures or

model rules and regulations for industrialized or modular buildings.

4. Adopt and amend uniform administrative procedures and model rules and regulations

for industrialized or modular buildings.

5. Make recommendations to compacting states for the purpose of bringing such states'

laws, codes, rules and regulations, and administrative practices into conformance with

the uniform administrative procedures or the model rules and regulations for

industrialized or modular buildings, provided that such recommendations shall be

made to the appropriate state agency with due consideration for the desirability of

uniformity while also giving appropriate consideration to special circumstances which

may justify variations necessary to meet unique local conditions.

6. Assist and support the compacting states with monitoring of plan review programs and

inspection programs, which will assure that the compacting states have the benefit of

uniform industrialized or modular building plan review and inspection programs.

7. Assist and support organizations which train state and local government and other

program personnel in the use of uniform industrialized or modular building plan review

and inspection programs.

8. Encourage and promote coordination of state regulatory action relating to

manufacturers, public, or private inspection programs.

9. Create and sell labels to be affixed to industrialized or modular building units,

constructed in or regulated by compacting states, where such labels will evidence

compliance with the model rules and regulations for industrialized or modular

buildings, enforced in accordance with the uniform administrative procedures. The

commission may use receipts from the sale of labels to help defray the operating

expenses of the commission.

10. Assist and support compacting states' investigations into and resolutions of consumer

complaints which relate to industrialized or modular buildings constructed in one

compacting state and sited in another compacting state.

11. Borrow, accept, or contract for the services of personnel from any state or the United

States or any subdivision or agency thereof, from any interstate agency, or from any

institution, association, person, firm, or corporation.

12. Accept for any of its purposes and functions under this compact any and all donations,

and grants of money, equipment, supplies, materials, and services, conditional or

otherwise, from any state or the United States or any subdivision or agency thereof,

from any interstate agency, or from any institution, person, firm, or corporation, and

may receive, utilize, and dispose of the same.

13. Establish and maintain such facilities as may be necessary for the transacting of its

business. The commission may acquire, hold, and convey real and personal property

and any interest therein.

14. Enter into contracts and agreements, including interim reciprocal agreements with

noncompacting states.

ARTICLE 9. FINANCE

The commission shall submit to the governor or designated officer or officers of each

compacting state a budget of its estimated expenditures for such period as may be required by

the laws of that state for presentation to the legislature thereof.

Each of the commission's budgets of estimated expenditures shall contain specific

recommendations of the amounts to be appropriated by each of the compacting states. The

total amount of appropriations requested under any such budget shall be apportioned among

the compacting states as follows: one-half in equal shares; one-fourth among the compacting

states in accordance with the ratio of their populations to the total population of the compacting

states, based on the last decennial federal census; and one-fourth among the compacting

states in accordance with the ratio of industrialized or modular building units manufactured in

each state to the total of all units manufactured in all of the compacting states.

The commission shall not pledge the credit of any compacting state. The commission may

meet any of its obligations in whole or in part with funds available to it by donations, grants, or

sale of labels provided that the commission takes specific action setting aside such funds prior

to incurring any obligation to be met in whole or in part in such manner. Except if the

commission makes use of funds available to it by donations, grants, or sale of labels, the

commission shall not incur any obligation prior to the allotment of funds by the compacting

states adequate to meet the same.

The commission shall keep accurate accounts of all receipts and disbursements. The

receipts and disbursements of the commission shall be subject to the audit and accounting

procedures established under its bylaws. All receipts and disbursements of funds handled by

the commission shall be audited yearly by a certified or licensed public accountant, and the

report of the audit shall be included in and become part of the annual report of the commission.

The accounts of the commission shall be open at any reasonable time for inspection by duly

constituted officers of the compacting states and any person authorized by the commission.

Nothing contained in this article shall be construed to prevent commission compliance

relating to audit or inspection of accounts by or on behalf of any government contributing to the

support of the commission.

ARTICLE 10. ENTRY INTO FORCE AND WITHDRAWAL

This compact shall enter into force when enacted into law by any three states. Thereafter,

this compact shall become effective as to any other state upon its enactment thereof. The

commission shall arrange for notification of all compacting states whenever there is a new

enactment of the compact.

Any compacting state may withdraw from this compact by enacting a statute repealing the

same. No withdrawal shall affect any liability already incurred by or chargeable to a compacting

state prior to the time of such withdrawal.

ARTICLE 11. RECIPROCITY

If the commission determines that the standards for industrialized or modular buildings

prescribed by statute, rule, or regulation of a compacting state are at least equal to the

commission's model rules and regulations for industrialized or modular buildings, and that such

state standards are enforced by the compacting state in accordance with the uniform

administrative procedures, industrialized or modular buildings approved by such a compacting

state shall be deemed to have been approved by all the compacting states for placement in

those states in accordance with procedures prescribed by the commission.

ARTICLE 12. EFFECT ON OTHER LAWS AND JURISDICTION

Nothing in this compact shall be construed to:

1. Withdraw or limit the jurisdiction of any state or local court or administrative officer or

body with respect to any person, corporation, or other entity or subject matter, except

to the extent that such jurisdiction pursuant to this compact, is expressly conferred

upon another agency or body.

2. Supersede or limit the jurisdiction of any court of the United States.

ARTICLE 13. CONSTRUCTION AND SEVERABILITY

This compact shall be liberally construed so as to effectuate the purposes thereof. The

provisions of this compact shall be severable and if any phrase, clause, sentence, or provision

of this compact is declared to be contrary to the constitution of any state or of the United States

or the applicability thereof to any government, agency, person, or circumstances is held invalid,

the validity of the remainder of this compact and the applicability thereof to any government,

agency, person, or circumstance shall not be affected thereby. If this compact shall be held

contrary to the constitution of any state participating therein, the compact shall remain in full

force and effect as to the remaining party states and in full force and effect as to the state

affected as to all severable matters. If this compact shall be held contrary to the constitution of

any state participating therein, the compact shall remain in full force and effect as to the

remaining party states and in full force and effect as to the state affected as to all severable

matters.
N.D. Cent. Code § 54-01.1-03 — ND Code / Title 54 / Chapter 54-01.1 / Section 54-01.1-03
54-01.1-03. Moving and related expenses
Status: in_force

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:

a. Actual, reasonable expenses in moving the displaced person and the displaced

person's family, business, farm operation, or other personal property;

b. 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;

c. Actual, reasonable expenses in searching for a replacement business or farm;

and

d. 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.
N.D. Cent. Code § 54-12-07 — ND Code / Title 54 / Chapter 54-12 / Section 54-12-07
54-12-07. Salary of assistant attorneys general
Status: in_force

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.
N.D. Cent. Code § 54-10-12 — ND Code / Title 54 / Chapter 54-10 / Section 54-10-12
54-10-12. Department of transportation property
Status: repealed

54-10-12. Department of transportation property

Repealed by S.L. 2001, ch. 122, § 11.
N.D. Cent. Code § 54-24-07 — ND Code / Title 54 / Chapter 54-24 / Section 54-24-07
54-24-07. Printing of state library - How paid
Status: repealed

54-24-07. Printing of state library - How paid

Repealed by S.L. 1997, ch. 453, § 20.
N.D. Cent. Code § 54-03-15 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-15
54-03-15. Discharge of officers and employees
Status: in_force

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.
N.D. Cent. Code § 54-44-04 — ND Code / Title 54 / Chapter 54-44 / Section 54-44-04
54-44-04. Powers and duties of the director of the office of management and budget
Status: in_force

54-44-04. Powers and duties of the director of the office of management and budget

The director of the office of management and budget, or such subordinate officer as the

director shall designate:

1. Shall examine the budget affecting the legislative and judicial branches of the state

government, but only for the purpose of determining the sufficiency of funds to meet

the contemplated expenditures of these branches of state government or their officers

or agencies.

2. Shall keep the general accounts, reflecting for each fund the resources and balance,

together with current revenues and expenditures, and shall provide for an accrual

accounting system.

3. Shall, acting as director of the office of the budget, process all claims for submittal to

the office of management and budget, which may conduct the preaudit of all claims

from the executive branch of the government before payment and the director shall

conduct the current audit of all revenues, which must include the supervision of the

collection of all moneys due the state.

4. Except as otherwise provided by law, shall prepare warrants for payment of all claims.

5. May, in anticipation of federal revenues to be received within fifteen days, prepare

warrants to be signed by the state auditor in payment of duly authorized vouchers

even though funds at such time do not exist to honor the warrants. Warrants so issued

are payable by the state treasurer out of any funds in the treasurer's hands other than

sinking funds or funds dedicated by the Constitution of North Dakota for other

purposes.

6. Is vested with the duties, powers, and responsibilities involved in the development and

installation of financial records and procedures for all state departments and agencies.

7. Shall coordinate the development of accounting and financial related systems.

8. Shall create an accounting manual and provide sufficient training of current and

potential users concerning the functions and use of a statewide accounting and

reporting system.

9. Shall provide for the maintaining of accounting records which will identify the revenues

and expenditures of the state in accordance with the requirements of the state's

central accounting system.

10. Shall provide for expenditures from general and special fund appropriations to be

made in accordance with the requirements of the state's central accounting system.

11. May provide for federal fund receipts and disbursements to be deposited and

disbursed from a state federal fund in accordance with the requirements of the state's

central accounting system.

12. Shall conduct such interval audits of accounts in the several departments of the state

as the director deems necessary.

13. Shall issue current reports to administrative officials concerning the status of revenue,

expenditures, and appropriation accounts, and shall make periodic financial reports to

the governor, administrative officials, the legislative assembly, and the public.

14. Shall prepare on an annual basis comprehensive financial statements of the state of

North Dakota.

15. Shall, when requested, give information in writing to either house of the legislative

assembly relating to the fiscal affairs of the state or to the administration of the office of

management and budget.

16. Shall submit to the governor at the close of each business day, or at such times as the

governor may request, a report showing the current condition of each fund and

appropriation.

17. Shall keep an account between the state and state treasurer, and charge the state

treasurer therein with the balance in the treasury when the treasurer came into office,

and with all moneys received by the state treasurer, and credit the treasurer with all

warrants drawn on and paid by the treasurer.

18. Is vested with the duties, powers, and responsibilities involved in the operation of a

centralized purchasing service.

19. Shall maintain and operate such supply rooms as may be found desirable to supply

the several departments with office supplies and other commonly used commodities;

however, this subsection may not be construed as authorizing the establishment of a

warehousing system.

20. Shall distribute federal and state surplus property pursuant to sections 54-44-04.5 and

54-44-04.6.

21. Shall establish and operate a central duplicating service and central mechanical or

electronic data processing facilities.

22. Shall perform such other duties as are or may be prescribed by law.

23. Shall account for and monitor all funds received by the state from any tobacco

settlement dollars described in section 54-27-25 and all associated settlements and

related funds and shall report to the budget section of the legislative management on

the status of such funds, settlements, offsets, and net resulting revenues and any

other related information the budget section requires.

24. Shall prepare and submit to the legislative council by October 1, 2010, a report

including the location, expenses, and square footage requirements of all facilities

occupied by each state agency. The report must include recommendations for

relocation of any entity to achieve improvements in service to the public along with

optimal efficiencies in usage of space and cost. The report must include

recommendations within the master plan for construction of buildings on the capitol

grounds.

25. Shall prepare and submit a quarterly report to the legislative management of each

executive branch agency that gives any full-time state employee salary increases

between April 1, 2021, and June 30, 2023, which cumulatively are fifteen percent or

more over the employee's base salary as of March 31, 2021. The report must include

the name of each employee receiving the increase and any relevant salary

information.
N.D. Cent. Code § 54-27-27 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-27
54-27-27. Report on federal grant applications by state agency
Status: in_force

54-27-27. Report on federal grant applications by state agency

Each state agency, excluding entities under the control of the state board of higher

education, shall report to the office of management and budget before applying for a federal

grant for which the agency may receive estimated funding of twenty-five thousand dollars or

more. The report must include the purpose of the grant; the potential amount of the grant; any

additional employees that may be required because of the grant; the time period covered by the

grant; and grant requirements, including state matching requirements or maintenance of effort.

The state agency shall provide updates on the status of the grant application as required by the

office of management and budget. At each meeting of the budget section of the legislative

management, the office of management and budget shall report to the budget section on the

reports received from state agencies under this section.
N.D. Cent. Code § 54-34-07 — ND Code / Title 54 / Chapter 54-34 / Section 54-34-07
54-34-07. Director to receive all property of research foundation
Status: in_force

54-34-07. Director to receive all property of research foundation

Omitted.
N.D. Cent. Code § 54-01-17.2 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-17.2
54-01-17.2. North Dakota-Saskatchewan-Manitoba boundary advisory committee
Status: repealed

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

Repealed by S.L. 1995, ch. 489, § 1.
N.D. Cent. Code § 54-03.1-02 — ND Code / Title 54 / Chapter 54-03.1 / Section 54-03.1-02
54-03.1-02. Time and place of meeting - Who must attend
Status: in_force

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.
N.D. Cent. Code § 54-17.2-17 — ND Code / Title 54 / Chapter 54-17.2 / Section 54-17.2-17
54-17.2-17. Covenants and contracts with holders of evidences of indebtedness
Status: in_force

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.
N.D. Cent. Code § 54-23.4-15 — ND Code / Title 54 / Chapter 54-23.4 / Section 54-23.4-15
54-23.4-15. Reconsideration and review of decisions
Status: in_force

54-23.4-15. Reconsideration and review of decisions

1. The division, on its own motion or on request of the claimant, may reconsider a

decision making or denying an award or determining its amount. The division shall

reconsider at least annually every award being paid in installments. An order on

reconsideration of an award may not require refund of amounts previously paid unless

the award was obtained by fraud.

2. The right of reconsideration does not affect the finality of a decision of the division for

the purpose of judicial review.
N.D. Cent. Code § 54-52.4-07 — ND Code / Title 54 / Chapter 54-52.4 / Section 54-52.4-07
54-52.4-07. Position upon return from leave
Status: in_force

54-52.4-07. Position upon return from leave

1. When an employee returns from family leave the employer shall immediately place the

employee in an employment position as follows:

a. If the employment position the employee held immediately before the family leave

began is vacant, in that position.

b. If the employment position which the employee held immediately before the

family leave began is not vacant, in an employment position having equivalent

compensation, benefits, hours of employment, and other terms and conditions of

employment.

c. If, during the family leave, the employer experiences a layoff and the employee

would have lost a position had the employee not been on leave, pursuant to the

good-faith operation of a bona fide layoff and recall system, including a system

under a collective bargaining agreement, the employee is not entitled to

reinstatement in the former or equivalent position. In such circumstances, the

employee retains all rights under the layoff and recall system, including a system

under a collective bargaining agreement, as if the employee had not taken the

leave.

2. If an employee on family leave requests a return to work before the end of the leave as

scheduled, the employer shall place the employee in an employment position of the

type described in subsection 1 within a reasonable time not exceeding the duration of

the leave as scheduled.

3. No employer may, because an employee received family leave, reduce or deny an

employment benefit that accrued to the employee before the employee's leave began

or accrued after the employee's leave began. However, this chapter does not entitle a

returning employee to a right, employment benefit, or employment position to which

the employee would not have been entitled had the employee not taken family leave or

to the accrual of any seniority or employment benefit during a period of family leave,

unless otherwise provided by a collective bargaining or other agreement between the

employer and employee.
N.D. Cent. Code § 54-23.4-07 — ND Code / Title 54 / Chapter 54-23.4 / Section 54-23.4-07
54-23.4-07. Informal hearing - Rehearing
Status: in_force

54-23.4-07. Informal hearing - Rehearing

After an informal hearing on the papers submitted, at which the claimant need not be

present, the division may accept, deny, or reduce a claim or set it for rehearing. If a claim is

reduced or denied by the division, the claimant may request a rehearing or appeal the decision.

The claimant must be notified of the right to rehearing or appeal.
N.D. Cent. Code § 54-30-32 — ND Code / Title 54 / Chapter 54-30 / Section 54-30-32
54-30-32. Management of the trust
Status: in_force

54-30-32. Management of the trust

During the intervals between remittances to the state treasurer for the state general fund,

funds available therefor may be invested as other moneys of the Bank of North Dakota are

invested. The president of the Bank of North Dakota shall collect upon and enforce to the fullest

extent all rights, things, and properties belonging or accruing to the trust in the president's

custody. The president may foreclose mortgages by advertisement under power of sale in the

manner that mortgages of the state school funds are foreclosed, and all remedies and

procedures available to the state or any department thereof are available to the president to

protect, manage, and conduct the trust. No special power of attorney nor affidavit as to

attorney's fees is required.
N.D. Cent. Code § 54-60-21 — ND Code / Title 54 / Chapter 54-60 / Section 54-60-21
54-60-21. Workforce enhancement council
Status: in_force

54-60-21. Workforce enhancement council

The workforce enhancement council consists of the private sector members of the

workforce development council, the director of the department of career and technical

education, and the director of the division of workforce development, who shall serve as

chairman.
N.D. Cent. Code § 54-44.3-06 — ND Code / Title 54 / Chapter 54-44.3 / Section 54-44.3-06
54-44.3-06. Meetings
Status: in_force

54-44.3-06. Meetings

The board shall organize annually at the first meeting of each fiscal year. It shall meet at

least once a year and at such times and places as are specified by call of the chairman or any

three members of the board. All meetings must be open to the public. Three members constitute

a quorum for the transaction of business. Three favorable votes are necessary for the passage

of any resolutions or taking of any official action by the board at any meeting.
N.D. Cent. Code § 54-16-02 — ND Code / Title 54 / Chapter 54-16 / Section 54-16-02
54-16-02. Proceedings not valid unless entered in minutes
Status: in_force

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.
N.D. Cent. Code § 54-21-02 — ND Code / Title 54 / Chapter 54-21 / Section 54-21-02
54-21-02. Board of administration - Members - Appointment - Term of office - Removal
Status: repealed

54-21-02. Board of administration - Members - Appointment - Term of office -

Removal.

Repealed by S.L. 1969, ch. 440, § 13.
N.D. Cent. Code § 54-17.2-01 — ND Code / Title 54 / Chapter 54-17.2 / Section 54-17.2-01
54-17.2-01. Definitions
Status: in_force

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:

a. 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

b. 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.
N.D. Cent. Code § 54-34-03 — ND Code / Title 54 / Chapter 54-34 / Section 54-34-03
54-34-03. Economic development commission - Membership - Appointment and removal - Expenses
Status: repealed

54-34-03. Economic development commission - Membership - Appointment and

removal - Expenses.

Repealed by S.L. 1991, ch. 95, § 48.
N.D. Cent. Code § 54-57-02 — ND Code / Title 54 / Chapter 54-57 / Section 54-57-02
54-57-02. Temporary administrative law judges
Status: in_force

54-57-02. Temporary administrative law judges

When regularly appointed administrative law judges are not available, the director of

administrative hearings may contract on a temporary basis with qualified individuals to serve as

administrative law judges for the office of administrative hearings. Temporary administrative law

judges are not employees of the state.
N.D. Cent. Code § 54-52.6-02 — ND Code / Title 54 / Chapter 54-52.6 / Section 54-52.6-02
54-52.6-02. Election through December 31, 2024
Status: in_force

54-52.6-02. Election through December 31, 2024

1. The board shall provide an opportunity for each eligible employee who is a member of

the public employees retirement system on September 30, 2001, and who has not

made a written election under this section to transfer to the defined contribution

retirement plan before October 1, 2001, to elect in writing to terminate membership in

the public employees retirement system and elect to become a participating member

under this chapter. Except as provided in section 54-52.6-03, an election made by an

eligible employee under this section is irrevocable. The board shall accept written

elections under this section from eligible employees during the period beginning on

July 1, 1999, and ending 12:01 a.m. December 14, 2001. An eligible employee who

does not make a written election or who does not file the election during the period

specified in this section continues to be a member of the public employees retirement

system. An eligible employee who makes and files a written election under this section

ceases to be a member of the public employees retirement system effective twelve

midnight December 31, 2001; becomes a participating member in the defined

contribution retirement plan under this chapter effective 12:01 a.m. January 1, 2002;

and waives all of that person's rights to a pension, annuity, retirement allowance,

insurance benefit, or any other benefit under the public employees retirement system

effective December 31, 2001. This section does not affect an individual's right to health

benefits or retiree health benefits under chapter 54-52.1. An eligible employee who is

first employed and entered upon the payroll of that person's employer after

September 30, 2001, and before January 1, 2025, may make an election to participate

in the defined contribution retirement plan established under this chapter at any time

during the first six months after the date of employment. If the board, in its sole

discretion, determines that the employee was not adequately notified of the

employee's option to participate in the defined contribution retirement plan, the board

may provide the employee a reasonable time within which to make that election, which

may extend beyond the original six-month decision window.

2. If an individual who is a deferred member of the public employees retirement system

on September 30, 2001, is re-employed before January 1, 2025, and by virtue of that

employment is again eligible for membership in the public employees retirement

system under chapter 54-52, the individual may elect in writing to remain a member of

the public employees retirement system or if eligible to participate in the defined

contribution retirement plan established under this chapter to terminate membership in

the public employees retirement system and become a participating member in the

defined contribution retirement plan established under this chapter. An election made

by a deferred member under this section is irrevocable. The board shall accept written

elections under this section from a deferred member during the period beginning on

the date of the individual's re-employment and ending upon the expiration of six

months after the date of that re-employment. If the board, in its sole discretion,

determines that the employee was not adequately notified of the employee's option to

participate in the defined contribution retirement plan, the board may provide the

employee a reasonable time within which to make that election, which may extend

beyond the original six-month decision window. A deferred member who makes and

files a written election to remain a member of the public employees retirement system

retains all rights and is subject to all conditions as a member of that retirement system.

A deferred member who does not make a written election or who does not file the

election during the period specified in this section continues to be a member of the

public employees retirement system. A deferred member who makes and files a

written election to terminate membership in the public employees retirement system

ceases to be a member of the public employees retirement system effective on the last

day of the payroll period that includes the date of the election; becomes a participating

member in the defined contribution retirement plan under this chapter effective the first

day of the payroll immediately following the date of the election; and waives all of that

person's rights to a pension, an annuity, a retirement allowance, insurance benefit, or

any other benefit under the public employees retirement system effective the last day

of the payroll that includes the date of the election. This section does not affect any

right to health benefits or retiree health benefits to which the deferred member may

otherwise be entitled.

3. An eligible employee who elects under this section to participate in the retirement plan

established under this chapter must remain a participant even if that employee returns

to the classified service or becomes employed by a political subdivision that

participates in the public employees retirement system. The contribution amount must

be as provided in this chapter, regardless of the position in which the employee is

employed. Notwithstanding the irrevocability provisions of this chapter, if a member

who elects to participate in the retirement plan established under this chapter becomes

a supreme or district court judge, becomes a member of the highway patrol, becomes

employed in a position subject to teachers' fund for retirement membership, or

becomes an employee of the board of higher education or state institution under the

jurisdiction of the board of higher education who is eligible to participate in an

alternative retirement program established under subsection 6 of section 15-10-17, the

member's status as a member of the defined contribution retirement plan is

suspended, and the member becomes a new member of the retirement plan for which

that member's new position is eligible. The member's account balance remains in the

defined contribution retirement plan, but no new contributions may be made to that

account. The member's service credit and salary history that were forfeited as a result

of the member's transfer to the defined contribution retirement plan remain forfeited,

and service credit accumulation in the new retirement plan begins from the first day of

employment in the new position. If the member later returns to employment that is

eligible for the defined contribution retirement plan, the member's suspension must be

terminated, the member again becomes a member of the defined contribution

retirement plan, and the member's account resumes accepting contributions. At the

member's option, and pursuant to rules adopted by the board, the member may

transfer any available balance as determined by the provisions of the alternate

retirement plan into the member's account under this chapter.

4. After consultation with its actuary, the board shall determine the method by which a

participating member or deferred member may make a written election under this

section. If the participating member or deferred member is married at the time of the

election, the election is not effective unless the election is signed by the individual's

spouse. However, the board may waive this requirement if the spouse's signature

cannot be obtained because of extenuating circumstances.

5. If the board receives notification from the internal revenue service that this section or

any portion of this section will cause the public employees retirement system or the

retirement plan established under this chapter to be disqualified for tax purposes under

the Internal Revenue Code, then the portion that will cause the disqualification does

not apply.

6. A participating member under this section who becomes a temporary employee may

still participate in the defined contribution retirement plan upon filing an election with

the board within one hundred eighty days of transferring to temporary employee

status. The participating member may not become a member of the defined benefit

plan as a temporary employee.

a. The temporary employee electing to participate in the defined contribution

retirement plan shall pay into the plan as provided under section 54-52.6-09.6.

b. An employer may not pay the temporary employee's contributions.

c. A temporary employee may continue to participate as a temporary employee until

termination of employment or reclassification of the temporary employee as a

permanent employee.

7. A former participating member under this section who has accepted a retirement

distribution pursuant to section 54-52.6-13 and who subsequently becomes employed

by an entity different from the employer with which the member was employed at the

time the member retired but which does participate in any state-sponsored retirement

plan may, before re-enrolling in the defined contribution retirement plan, elect to

permanently waive future participation in the defined contribution retirement plan,

whatever plan in which the new employing entity participates, and the retiree health

program and maintain that member's retirement status. Neither the member nor the

employer are required to make any future retirement contributions on behalf of that

employee.

8. After December 31, 2024, an eligible employee is no longer allowed to elect

participation under this section.
N.D. Cent. Code § 54-66-10.1 — ND Code / Title 54 / Chapter 54-66 / Section 54-66-10.1
54-66-10.1. Complaint management time standards
Status: in_force

54-66-10.1. Complaint management time standards

The commission shall adopt rules for the efficient and timely disposition of complaints from

receipt to resolution.
N.D. Cent. Code § 54-35-03 — ND Code / Title 54 / Chapter 54-35 / Section 54-35-03
54-35-03. State departments, officers, and employees to cooperate
Status: in_force

54-35-03. State departments, officers, and employees to cooperate

Each department, board, commission, agency, officer, or employee in the state government

shall furnish such information and render such assistance to the legislative council and to the

legislative management as the legislative council or the legislative management or its

committees may from time to time request.
N.D. Cent. Code § 54-10-02 — ND Code / Title 54 / Chapter 54-10 / Section 54-10-02
54-10-02. Auditor to have access to all state offices
Status: in_force

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.
N.D. Cent. Code § 54-09-12 — ND Code / Title 54 / Chapter 54-09 / Section 54-09-12
54-09-12. Confidential information in filed records
Status: in_force

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.
N.D. Cent. Code § 54-44.1-09 — ND Code / Title 54 / Chapter 54-44.1 / Section 54-44.1-09
54-44.1-09. All expenditures must be appropriated
Status: in_force

54-44.1-09. All expenditures must be appropriated

All expenditures of the state and of its budget units of moneys drawn from the state treasury

must be made under authority of biennial appropriations acts, which must be based upon a

budget as provided by law, and no money may be drawn from the treasury, except by

appropriation made by law as required by section 12 of article X of the Constitution of North

Dakota.
N.D. Cent. Code § 54-12-03 — ND Code / Title 54 / Chapter 54-12 / Section 54-12-03
54-12-03. Attorney general may make investigation in county - How expenses paid
Status: in_force

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.
N.D. Cent. Code § 54-66-17 — ND Code / Title 54 / Chapter 54-66 / Section 54-66-17
54-66-17. Participation in quasi-judicial proceedings
Status: in_force

54-66-17. Participation in quasi-judicial proceedings

For purposes of subsection 5 of section 2 of article XIV of the Constitution of North Dakota,

an individual is not disqualified from participating in any capacity in a quasi-judicial proceeding,

including an adjudicative proceeding under chapter 28-32, due to an investment in a mutual

fund, an ownership interest in one of the parties to the proceeding which is shared by the

general public, and an investment or ownership interest in a retirement account of one of the

parties to the proceeding.
N.D. Cent. Code § 54-01-25 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-25
54-01-25. Rights and duties of citizens of other states
Status: in_force

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.
N.D. Cent. Code § 54-01-23 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-23
54-01-23. Duty of citizens - Allegiance defined - How renounced
Status: in_force

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.
N.D. Cent. Code § 54-17-12 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-12
54-17-12. Manager shall appoint necessary employees
Status: in_force

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.
N.D. Cent. Code § 54-11-09 — ND Code / Title 54 / Chapter 54-11 / Section 54-11-09
54-11-09. Registration of bonds vests ownership
Status: repealed

54-11-09. Registration of bonds vests ownership

Repealed by S.L. 2009, ch. 468, § 1.
N.D. Cent. Code § 54-30-17.1 — ND Code / Title 54 / Chapter 54-30 / Section 54-30-17.1
54-30-17.1. Land acquired by state treasurer - Sale or lease by the Bank of North Dakota or board of university and school lands - Deposit of net proceeds in bond sinking fund
Status: in_force

54-30-17.1. Land acquired by state treasurer - Sale or lease by the Bank of North

Dakota or board of university and school lands - Deposit of net proceeds in bond sinking

fund.

The Bank of North Dakota or the board of university and school lands, as agent of the state

treasurer as trustee for the state of North Dakota, shall manage all lands acquired in the name

of the state treasurer as trustee for the state of North Dakota under this chapter and, with the

approval of the state treasurer, shall have full power to sell or lease such lands. All instruments

executed by the Bank or board in furtherance of this authority must be executed by an

authorized officer or employee of the Bank or board in the name of "The Bank of North Dakota

or the board of university and school lands as agent for the state treasurer as trustee for the

state of North Dakota". The Bank or board may charge a fee and may be reimbursed for all

actual costs incurred in the management and sale of these lands. The net proceeds from the

sale or lease of these lands must be deposited in the real estate bond sinking fund established

by this chapter. The sale and leasing of these lands must be done in accordance with chapter
N.D. Cent. Code § 54-06-41 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-41
54-06-41. Investments - Prohibition - Israel boycott
Status: in_force

54-06-41. Investments - Prohibition - Israel boycott

1. As used in this section "boycott Israel" means engaging in refusals to deal, terminating

business activities, or other similar commercial actions intended to limit commercial

relations with persons doing business in Israel or in Israeli-controlled territories when

the actions are taken:

a. In compliance or adherence to calls for a boycott of Israel, other than those

boycotts under Public Law No. 96-72 [50 U.S.C. 2407(c)]; or

b. In a manner that discriminates on the basis of nationality, national origin, or

religion.

2. Notwithstanding any other provision of law, the state may not adopt any investment

policy that would have the effect of requiring or inducing any person to boycott Israel.

3. If the state receives evidence that a company boycotts Israel, the state shall determine

whether the company boycotts Israel. If accompanied by the conduct described under

subsection 1, a company statement that indicates the company is participating in a

boycott of Israel or has taken boycott action at the request, in compliance with, or in

furtherance of calls for a boycott of Israel, may be considered as one type of evidence

that the company is participating in a boycott of Israel. An expressive activity, alone,

directed at a specific person or a governmental action may not be considered

evidence of a boycott of Israel.
N.D. Cent. Code § 54-06-07 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-07
54-06-07. Salaries full compensation - Fees paid over to state treasurer
Status: in_force

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.
N.D. Cent. Code § 54-66-18 — ND Code / Title 54 / Chapter 54-66 / Section 54-66-18
54-66-18. Conflicts of interest - Legislative assembly
Status: in_force

54-66-18. Conflicts of interest - Legislative assembly

1. Each legislative assembly shall adopt conflict of interest rules. The rules must:

a. Require the disclosure by a member of a potential conflict of interest relating to

any bill in which the member may have a unique and individual interest.

b. Ensure a mechanism is in place to record each disclosure and make it readily

available to the public.

2. If the legislative assembly adopts rules under subsection 1 which are at least as

restrictive as the conflict of interest rules adopted by the ethics commission, the

disclosure process portion of the conflict of interest rules adopted by the ethics

commission may not apply to members of the legislative assembly.
N.D. Cent. Code § 54-55-03 — ND Code / Title 54 / Chapter 54-55 / Section 54-55-03
54-55-03. Meeting and organization
Status: in_force

54-55-03. Meeting and organization

The commissioners shall meet at least once each two-year period and shall elect a

chairman, vice chairman, and a secretary. The officers elected under this section shall hold their

respective offices for a term of two years and until their successors are elected.
N.D. Cent. Code § 54-44.5-06 — ND Code / Title 54 / Chapter 54-44.5 / Section 54-44.5-06
54-44.5-06. Community action agency board of directors - Qualifications - Powers - Duties
Status: in_force

54-44.5-06. Community action agency board of directors - Qualifications - Powers -

Duties.

Each community action agency must have a board of directors, as provided by the bylaws

of the corporation, that is consistent with federal law concerning community action agencies that

are eligible to receive federal funding through a block grant or other appropriate federal sources

for social or community services. The board shall determine personnel, fiscal, and program

policies and shall approve proposals of financial assistance and the disbursement of funds.
N.D. Cent. Code § 54-66-06 — ND Code / Title 54 / Chapter 54-66 / Section 54-66-06
54-66-06. Informing the respondent - Written response permitted - Petition to dismiss complaint
Status: in_force

54-66-06. Informing the respondent - Written response permitted - Petition to dismiss

complaint.

1. Within thirty calendar days, the commission shall inform a respondent of the complaint.

Subject to the confidentiality requirements set forth in section 54-66-05, the

respondent will be provided with the written complaint or written summary of the oral

complaint, witness statements, and other documentary evidence included with the

complaint. The respondent may provide a written response to the complaint within

thirty calendar days, or after the commission requests a written response to the

complaint or summary of the complaint, a period as set by the commission. This

subsection does not preclude the respondent from providing a written response to the

complaint before receiving a request for written response from the commission.

2. If the commission has summarily dismissed the complaint under subsection 2 of

section 54-66-05, before notifying the respondent as required by this section, the

notification to the respondent must include notice of the summary dismissal.