N.D. Cent. Code § 54-52.1-03.2 — ND Code / Title 54 / Chapter 54-52.1 / Section 54-52.1-03.2
54-52.1-03.2. Retiree health benefits fund - Appropriation
Status: in_force

54-52.1-03.2. Retiree health benefits fund - Appropriation

1. a. The board shall establish a retiree health benefits fund account with the Bank of

North Dakota for the purpose of prefunding and providing hospital benefits

coverage, medical benefits coverage, and prescription drug coverage under any

health insurance program and dental, vision, and long-term care benefits

coverage under the uniform group insurance program for retired eligible

employees or surviving spouses of retired eligible employees and their

dependents as provided in this chapter.

b. The state shall contribute monthly to the retiree health benefits fund an amount

equal to one and fourteen hundredths percent of the monthly salaries and wages

of all participating members of the highway patrol troopers' retirement system

under chapter 39-03.1, and one and fourteen hundredths percent of the monthly

salaries of all supreme or district court judges who are participating members of

the public employees retirement system under chapter 54-52.

c. Each governmental unit that contributes to the public employees retirement

system fund under section 54-52-06 or the retirement plan under chapter 54-52.6

shall contribute monthly to the retiree health benefits fund an amount equal to

one and fourteen-hundredths percent of the monthly salaries or wages of all

participating members of the public employees retirement system under chapter

54-52 or chapter 54-52.6, except for:

(1) Members first enrolled after December 31, 2019, for which a governmental

unit contributes to the public employees retirement system fund under

section 54-52-06 or the retirement plan under chapter 54-52.6; and

(2) Nonteaching employees of the superintendent of public instruction who elect

to participate in the public employees retirement system pursuant to section

54-52-02.13 and employees of the state board for career and technical

education who elect to participate in the public employees retirement system

pursuant to section 54-52-02.14.

d. For nonteaching employees of the superintendent of public instruction who elect

to participate in the public employees retirement system pursuant to section

54-52-02.13, the superintendent of public instruction shall contribute monthly to

the retiree health benefits fund an amount equal to three and twenty-four

hundredths percent of the monthly salaries or wages of those nonteaching

employee members, beginning on the first of the month following the transfer

under section 54-52-02.13 and continuing thereafter for a period of eight years,

after which time the superintendent of public instruction shall contribute one and

fourteen-hundredths percent of the monthly salary or wages of those nonteaching

employee members.

e. For employees of the state board for career and technical education who elect to

participate in the public employees retirement system pursuant to section

54-52-02.14, the state board for career and technical education shall contribute

monthly to the retiree health benefits fund an amount equal to two and

ninety-nine hundredths percent of the monthly salary or wages of those employee

members, beginning on the first of the month following the transfer under section

54-52-02.14 and continuing thereafter for a period of eight years, after which time

the state board for career and technical education shall contribute one and

fourteen-hundredths percent of the monthly salary or wages of those employee

members.

f. The employer of a national guard security officer or firefighter shall contribute

monthly to the retiree health benefits fund an amount equal to one and fourteen-

hundredths percent of the monthly salaries or wages of all national guard security

officers or firefighters participating in the public employees retirement system

under chapter 54-52.

g. Job service North Dakota shall reimburse monthly the retiree health benefits fund

for credit received under section 54-52.1-03.3 by members of the retirement

program established by job service North Dakota under section 52-11-01.

h. The board, as trustee of the fund and in exclusive control of its administration,

shall:

(1) Provide for the investment and disbursement of moneys of the retiree health

benefits fund and administrative expenditures in the same manner as

moneys of the public employees retirement system are invested, disbursed,

or expended.

(2) Adopt rules necessary for the proper administration of the retiree health

benefits fund, including enrollment procedures.

2. All moneys deposited in the fund established under subsection 1, not otherwise

appropriated, are hereby appropriated to the board for the purpose of making

investments for the fund and to make contributions toward hospital and medical

benefits coverage and prescription drug coverage under any health insurance program

and for any dental, vision, and long-term care benefits coverage under any insurance

program for eligible retired employees or surviving spouses of eligible retired

employees and their dependents as elected.

3. If a member terminates employment because of death, permanent and total disability,

or any voluntary or involuntary reason before retirement, the member or the member's

designated beneficiary is entitled to the member's account balance at termination. If a

member's account balance is withdrawn, the member relinquishes all rights to benefits

under the retiree health benefits fund.
N.D. Cent. Code § 54-60-18 — ND Code / Title 54 / Chapter 54-60 / Section 54-60-18
54-60-18. Division of workforce development - Career specialist
Status: in_force

54-60-18. Division of workforce development - Career specialist

The division of workforce development, in consultation with the department of career and

technical education, job service North Dakota, and the superintendent of public instruction, shall

develop and implement a program to assist public schools in promoting North Dakota career

opportunities to students in grades nine through twelve.
N.D. Cent. Code § 54-17.3-03 — ND Code / Title 54 / Chapter 54-17.3 / Section 54-17.3-03
54-17.3-03. Permit required
Status: in_force

54-17.3-03. Permit required

A permit must be obtained by any person, organization, institution, or company engaged on

one's own behalf or on behalf of another to:

1. Identify or evaluate paleontological resources to satisfy state or federal requirements;

or

2. Investigate, excavate, collect, or otherwise record paleontological resources on land

owned by the state or its political subdivisions.

A permit may be issued upon filing of an application that contains information prescribed by the

state geologist and upon the applicant's payment to the state geologist of the fee set by the

state geologist. The state geologist may waive the fee requirement if the applicant is an

instrumentality of the state. A permit may be issued only for the activities and at the locations

described in the permit application.
N.D. Cent. Code § 54-59.1-02 — ND Code / Title 54 / Chapter 54-59.1 / Section 54-59.1-02
54-59.1-02. Immediate disclosure to the department
Status: in_force

54-59.1-02. Immediate disclosure to the department

An entity shall disclose to the department an identified or suspected cybersecurity incident

that affects the confidentiality, integrity, or availability of information systems, data, or services.

Disclosure must be made in the most expedient time possible and without unreasonable delay.

Cybersecurity incidents required to be reported to the department include:

1. Suspected breaches;

2. Malware incidents that cause significant damage;

3. Denial of service attacks that affect the availability of services;

4. Demands for ransom related to a cybersecurity incident or unauthorized disclosure of

digital records;

5. Identity theft or identity fraud services hosted by entity information technology

systems;

6. Incidents that require response and remediation efforts that will cost more than

ten thousand dollars in equipment, software, and labor; and

7. Other incidents the entity deems worthy of communication to the department.
N.D. Cent. Code § 54-24-01 — ND Code / Title 54 / Chapter 54-24 / Section 54-24-01
54-24-01. State library - State librarian appointed by the superintendent of public instruction
Status: in_force

54-24-01. State library - State librarian appointed by the superintendent of public

instruction.

The superintendent of public instruction shall appoint an executive officer to be known as

the state librarian, who shall report to the superintendent and must receive a salary within the

amount appropriated for salaries by the legislative assembly. The state librarian shall control the

work and is the director of the state library. The position of state librarian is included in the

classified service, as provided in section 54-44.3-20. The state library is an autonomous agency

and retains a budget and staff separate from that of the superintendent of public instruction.
N.D. Cent. Code § 54-60-29 — ND Code / Title 54 / Chapter 54-60 / Section 54-60-29
54-60-29. Uncrewed aircraft systems program fund - Continuing appropriation
Status: in_force

54-60-29. Uncrewed aircraft systems program fund - Continuing appropriation

1. There is created in the state treasury a special fund known as the uncrewed aircraft

systems fund, which may be used to defray the expenses of the:

a. Operations of an uncrewed aircraft systems test site officially designated by the

federal aviation administration;

b. Beyond visual line of sight uncrewed aircraft system program; and

c. Enhanced use lease grant program.

2. The fund consists of fees, royalties, gifts, grants, devises, bequests, donations,

assignments, and other revenue collected for the administration of the test site and

federal and other funds appropriated by the legislative assembly. All moneys in the

fund are appropriated to the department of commerce on a continuing basis for the

purpose of defraying the expenses of the programs identified in subsection 1. Interest

earned on moneys in the fund must be credited to the fund.
N.D. Cent. Code § 54-30-27 — ND Code / Title 54 / Chapter 54-30 / Section 54-30-27
54-30-27. Certificate of indebtedness issued to meet interest due on bonds
Status: in_force

54-30-27. Certificate of indebtedness issued to meet interest due on bonds

If there are not sufficient funds in the real estate bond sinking fund to meet the payment of

principal and interest due on real estate series bonds on any principal or interest payment date,

the state treasurer may borrow sufficient funds by the issuance of certificates of indebtedness of

the state to make such payment. Such certificates shall be issued in anticipation of taxes to be

levied, must be signed by the governor and the state treasurer, must mature not more than thirty

months from date of issuance, and must bear interest at a rate not to exceed twelve percent per

annum if sold at private sale, with no interest rate ceiling if sold at public sale. Such certificates

of indebtedness must be in the form prescribed by the state treasurer. When such money is

borrowed by the state, the fund is to be reimbursed annually as provided in section 54-30-26.
N.D. Cent. Code § 54-34-13 — ND Code / Title 54 / Chapter 54-34 / Section 54-34-13
54-34-13. Duties and functions of venture capital network
Status: in_force

54-34-13. Duties and functions of venture capital network

The venture capital network may:

1. Solicit, compile, profile, and maintain current information describing opportunities for

risk capital investment in new or emerging business ventures.

2. Identify active informal investors and profile their distinguishing investment objectives.

3. Provide, for a reasonable fee, a timely, confidential, and objective referral system

serving both entrepreneurs and investors.

4. Maintain statistics on the operation of the venture capital network, including the

number of profiled entrepreneurs and investors, referrals, and referrals resulting in

investment.
N.D. Cent. Code § 54-34.3-10 — ND Code / Title 54 / Chapter 54-34.3 / Section 54-34.3-10
54-34.3-10. Commission on the status of women - Appointment - Expenses - Duties
Status: repealed

54-34.3-10. Commission on the status of women - Appointment - Expenses - Duties

Repealed by S.L. 2025, ch. 479, § 39.
N.D. Cent. Code § 54-44.3-20 — ND Code / Title 54 / Chapter 54-44.3 / Section 54-44.3-20
54-44.3-20. Categories of positions in the state service
Status: in_force

54-44.3-20. Categories of positions in the state service

All positions in the state service are included in the classified service, except:

1. Each official elected by popular vote and each person appointed to fill vacancies in an

elective office, one principal assistant, and one private secretary.

2. Members of boards and commissions required by law.

3. Administrative heads of departments required by law, other than the superintendent of

the life skills and transition center, the superintendent of North Dakota vision services -

school for the blind, the superintendent of the school for the deaf, and the state

librarian.

4. Officers and employees of the legislative branch of government.

5. Members of the judicial branch of government of the state of North Dakota and their

employees and jurors.

6. Persons temporarily employed in a professional or scientific capacity as consultants or

to conduct a temporary and special inquiry, investigation, or examination for the

legislative branch of government or a department of the state government.

7. Positions deemed to be inappropriate to the classified service due to the special

nature of the position as determined by the division and approved by the board.

8. Employees of the institutions of higher education under the control of the state board

of higher education.

9. Members and employees of occupational and professional boards.

10. Officers and employees of the North Dakota mill and elevator association.

11. Positions referred to under law as serving at the pleasure of or at the will of the

appointing authority.

12. Licensed teachers engaged in teaching at the North Dakota youth correctional center,

North Dakota vision services - school for the blind, and the school for the deaf.

13. Officers of workforce safety and insurance.

14. Officers and employees of the department of commerce.

15. Attorneys employed by the insurance commissioner.

16. Engineers, engineering technicians, and geologists employed by the director of

mineral resources.

17. Officers and employees of the Bank of North Dakota.

18. Investment and fiscal operations positions of the state retirement and investment office

necessary for the management of the investment of funds under the control of the

state investment board.

19. Attorneys employed by the commission on legal counsel for indigents.
N.D. Cent. Code § 54-06-23 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-23
54-06-23. Child care services provided by state agency or institution
Status: in_force

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

A state agency or institution may provide for child care services to the children of

employees, students, or clients of the agency or institution in accordance with this section. Child

care services may be provided by the institution only after the head of the agency or institution

determines there is a need for the services and that the services will be provided at rates that

are not less than the average rates charged by private child care providers providing

comparable services in the community. Child care services may be provided in space available

within the facility housing the agency or institution. An agency or institution may operate a child

care center in available space or contract with a child care provider for child care services.

Within the limits of legislative appropriations, the agency or institution may provide utilities and

custodial and maintenance services for the child care center. Additional operating costs,

including the salaries for a director and staff and the cost of supplies, must be borne by the

center. A child care center provided for by an agency or institution may provide child care

services to the children of employees, students, or clients of the agency or institution and, to the

extent space is available, to any other children.
N.D. Cent. Code § 54-17-07.10 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-07.10
54-17-07.10. Housing acquisition program
Status: in_force

54-17-07.10. Housing acquisition program

The industrial commission may establish a program or programs to provide housing for

persons of low or moderate income, through the acquisition of residential real property and

related personal property or interests therein through purchase, lease, gift, grant, bequest, or

otherwise to maintain, repair, improve, sell, or convey leasehold interests in that real and

personal property to, or for the benefit of, persons of low or moderate income. Property acquired

under this section is subject to property and special assessment taxes in a manner consistent

with and equal to other property of equal value within the respective taxing districts where the

property is located. Taxes on any property acquired under this section must be paid in a timely

manner for any year or pro rata portion of a year by any housing authority or housing acquisition

organization holding title to the property.
N.D. Cent. Code § 54-60-05 — ND Code / Title 54 / Chapter 54-60 / Section 54-60-05
54-60-05. Compensation and reimbursement of foundation members
Status: in_force

54-60-05. Compensation and reimbursement of foundation members

The foundation may establish the level of compensation to which a foundation member is

entitled. A foundation member is entitled to reimbursement for mileage and expenses as

provided for state officers.
N.D. Cent. Code § 54-36-03 — ND Code / Title 54 / Chapter 54-36 / Section 54-36-03
54-36-03. Powers and duties - Continuing appropriation
Status: in_force

54-36-03. Powers and duties - Continuing appropriation

The Indian affairs commission may assist and mobilize the support of state and federal

agencies in assisting Indian individuals and groups in North Dakota, especially the five tribal

councils, as the Indian individuals and tribal councils seek to develop their own goals, project

plans for achieving those goals, and implement those plans. The commission may accept gifts,

grants, donations, and services from any source which are appropriated on a continuing basis

for the purposes of the commission. The commission's duties are to:

1. Investigate any phase of Indian affairs and to assemble and make available the facts

needed by tribal, state, and federal agencies to work effectively together.

2. Assist tribal, state, and federal agencies in developing programs whereby Indian

citizens may achieve more adequate standards of living.

3. Assist tribal groups in developing increasingly effective institutions of self-government.

4. Work for greater understanding and improved relationships between Indians and

non-Indians.

5. Seek increased participation by Indian citizens in local and state affairs.

6. Confer with and coordinate officials and agencies of other governmental units and

congressional committees with regard to Indian needs and goals.

7. Encourage and propose agreements and accords between federal, state, and local

agencies and the several tribal governments, and, pursuant to chapter 54-40.2, to

assist in monitoring and negotiating agreements and accords when requested by an

affected tribe.
N.D. Cent. Code § 54-66-10 — ND Code / Title 54 / Chapter 54-66 / Section 54-66-10
54-66-10. Appeals
Status: in_force

54-66-10. Appeals

A respondent may appeal a finding of the ethics commission to the district court of the

county where the respondent resides.
N.D. Cent. Code § 54-01.1-13 — ND Code / Title 54 / Chapter 54-01.1 / Section 54-01.1-13
54-01.1-13. Payments not to be considered as income or resources
Status: in_force

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

No payment received by a displaced person under this chapter may be considered as

income or resources for the purpose of determining the eligibility or extent of eligibility of any

person for assistance under any state law, or for the purposes of the state's personal income tax

law, corporation tax law, or other tax laws. These payments may not be considered as income

or resources of any recipient of public assistance and the payments may not be deducted from

the amount of aid to which the recipient would otherwise be entitled.
N.D. Cent. Code § 54-24.3-05 — ND Code / Title 54 / Chapter 54-24.3 / Section 54-24.3-05
54-24.3-05. Regional library cooperative interim planning committee - Establishment
Status: in_force

54-24.3-05. Regional library cooperative interim planning committee - Establishment

The North Dakota library coordinating council shall appoint an interim planning committee

for a proposed regional library cooperative. The interim planning committee must consist of two

lay representatives residing within the cooperative and five librarians. The librarians, as far as

practical, must represent public libraries, academic libraries, school library media centers, and

special libraries.
N.D. Cent. Code § 54-06-24 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-24
54-06-24. State employee suggestion incentive program
Status: in_force

54-06-24. State employee suggestion incentive program

Expired under S.L. 2019, ch. 40, § 31.
N.D. Cent. Code § 54-17.7-07 — ND Code / Title 54 / Chapter 54-17.7 / Section 54-17.7-07
54-17.7-07. Evidences of indebtedness
Status: in_force

54-17.7-07. Evidences of indebtedness

1. Evidences of indebtedness of the authority must be authorized by resolution of the

industrial commission and may be issued in one or more series and must bear such

date or dates, mature at such time or times, bear interest at such rate or rates of

interest per year, be in such denomination or denominations, be in such form, either

coupon or registered, carry such conversion or registration privileges, have such rank

or priority, be executed in such manner, be payable from such sources in such medium

of payment at such place or places within or without the state, and be subject to such

terms of redemption, with or without premium, as such resolution or resolutions may

provide. Evidences of indebtedness of the authority are to mature not more than forty

years from the date of issue. Evidences of indebtedness of the authority may be sold

at such time or times and at such price or prices as the authority determines.

2. Evidences of indebtedness and grants, loans, or other forms of financial assistance

issued by the authority are payable solely from:

a. Revenues that may be received by the authority from pipeline facilities, services,

or activities funded under this chapter with the proceeds of the authority's

evidences of indebtedness, subject only to prior payment of the reasonable and

necessary expenses of operating and maintaining such pipeline facilities except

depreciation.

b. Amounts received by the authority under loans authorized under this chapter.

c. Revenues received by the authority under this chapter from any source other

than general tax revenues.

3. The evidences of indebtedness are not subject to taxation by the state or any of its

political subdivisions and do not constitute a debt of the state of North Dakota within

the meaning of any statutory or constitutional provision and must contain a statement

to that effect on their face.

4. The authority may establish and maintain a reserve fund for evidences of

indebtedness issued under this chapter. There must be deposited in the reserve fund:

a. All moneys appropriated by the legislative assembly to the authority for the

purpose of the reserve fund.

b. All proceeds of evidences of indebtedness issued under this chapter required to

be deposited in the reserve fund by the terms of any contract between the

authority and the holders of its evidences of indebtedness or any resolution of the

authority.

c. Any lawfully available moneys of the authority which it may determine to deposit

in the reserve fund.

d. Any moneys from any other source made available to the authority for deposit in

the reserve fund or any contractual right to the receipt of moneys by the authority

for the purpose of the fund, including a letter of credit, surety bond, or similar

instrument.

5. The authority must include in its biennial request to the office of the budget the

amount, if any, necessary to restore any reserve fund established under this section to

an amount equal to the amount required to be deposited in the fund by the terms of

any contract or resolution approved by the commission.

6. Any pledge of revenue made by the industrial commission as security for the

authority's evidences of indebtedness is valid and binding from time to time when the

pledge is made. The revenues or other moneys so pledged and thereafter received by

the authority are immediately subject to the lien of any such pledge without any

physical delivery thereof or further act, and the lien of any such pledge is valid and

binding as against all parties having claims of any kind in tort, contract, or otherwise

against the authority, regardless of whether such parties have notice thereof. Neither

the resolution nor any other instrument by which a pledge is created need be filed or

recorded except in the records of the authority.

7. The authority may obtain from any entity of the state, any department or agency of the

United States, or any nongovernmental insurer, any insurance, guaranty, or liquidity

facility, or from a financial institution, a letter of credit to the extent such insurance,

guaranty, liquidity facility, or letter of credit now or hereafter available, as to, or for, the

payment or repayment of, interest or principal, or both, or any part thereof, on any

evidences of indebtedness issued by the authority pursuant to this chapter, and may

enter into any agreement or contract with respect to any such insurance, guaranty,

letter of credit, or liquidity facility, and pay any required fee, unless the same would

impair or interfere with the ability of the authority to fulfill the terms of any agreement

made with the holders of its evidences of indebtedness.

8. After issuance, all evidences of indebtedness of the authority are conclusively

presumed to be fully authorized and issued under the laws of the state, and any

person or governmental unit is estopped from questioning their authorization, sale,

issuance, execution, or delivery by the authority.

9. When the authority has issued evidences of indebtedness and pledged the revenues

of the pipeline facilities for the payment thereof as herein provided, the authority shall

operate and maintain the pipeline facilities and shall impose and collect fees and

charges for the services furnished by the pipeline facilities, including those furnished to

the authority itself, in the amounts and at the rates as are fully sufficient at all times to:

a. Pay the expenses of operating and maintaining the pipeline facilities.

b. Provide a debt service fund sufficient to assure the prompt payment of principal

and interest on the evidences of indebtedness at maturity.

c. Provide a reasonable fund for contingencies as may be required by the resolution

authorizing the evidences of indebtedness.
N.D. Cent. Code § 54-10-29 — ND Code / Title 54 / Chapter 54-10 / Section 54-10-29
54-10-29. Audits of computer systems - Penalty
Status: in_force

54-10-29. Audits of computer systems - Penalty

1. The state auditor may:

a. Pursuant to the powers and duties outlined in this chapter, conduct a review and

assessment of computer systems and related security systems. Computer

systems subject to this section include the computer systems of a state agency or

political subdivision that is subject to audit by the state auditor. Tests conducted in

connection with this review and assessment may include an assessment of

system vulnerability, network penetration, potential security breach, and

susceptibility to cyber attack or cyber fraud.

b. Disclose any findings to the chief information officer of the state or to any state

official or legislative committee. Working papers and preliminary drafts of reports

created in connection with the review of computer systems and the security of the

systems are exempt from section 44-04-18. Those parts of findings and working

papers that identify the methods of the state auditor or that may cause or

perpetuate vulnerability of the computer system reviewed are exempt from

section 44-04-18 and protected from disclosure until the state auditor directs

otherwise.

c. Procure the services of a specialist in information security systems or other

contractors deemed necessary in conducting a review under this section. The

procurement of these services is exempt from the requirements of chapter

54-44.4.

2. An outside contractor hired to provide services in the review of the security of a

computer system is subject to the confidentiality provisions of this section and section
N.D. Cent. Code § 54-12-01.2 — ND Code / Title 54 / Chapter 54-12 / Section 54-12-01.2
54-12-01.2. Regulation of gaming schools
Status: repealed

54-12-01.2. Regulation of gaming schools

Repealed by S.L. 2011, ch. 397, § 1.
N.D. Cent. Code § 54-24.1-04 — ND Code / Title 54 / Chapter 54-24.1 / Section 54-24.1-04
54-24.1-04. Entitled to state aid
Status: in_force

54-24.1-04. Entitled to state aid

An interstate library district lying partly within this state may claim and be entitled to receive

state aid in support of any of its functions to the same extent and in the same manner as such

functions are eligible for support when carried on by entities wholly within this state. For the

purposes of computing and apportioning state aid to an interstate library district, this state will

consider that portion of the area which lies within this state as an independent entity for the

performance of the aided function or functions and compute and apportion the aid accordingly.

Subject to any applicable laws of this state, such a district also may apply for and be entitled to

receive any federal aid for which it may be eligible.
N.D. Cent. Code § 54-40.2-08 — ND Code / Title 54 / Chapter 54-40.2 / Section 54-40.2-08
54-40.2-08. Specific limitations on agreements
Status: in_force

54-40.2-08. Specific limitations on agreements

Nothing in this chapter may be construed to:

1. Authorize an agreement that enlarges or diminishes the jurisdiction over civil or

criminal matters that may be exercised by either North Dakota or tribal governments

located in North Dakota.

2. Authorize a public agency or tribal government, either separately or pursuant to

agreement, to expand or diminish the jurisdiction presently exercised by the

government of the United States to make criminal laws for or enforce criminal laws in

Indian country.

3. Authorize a public agency or tribal government to enter into an agreement except as

authorized by their own organizational documents or enabling laws.

4. Authorize an agreement that provides for the alienation, financial encumbrance, or

taxation of any real or personal property, including water rights, belonging to any

Indian or any Indian tribe, band, or community that is held in trust by the United States

or is subject to a restriction against alienation imposed by the United States.
N.D. Cent. Code § 54-60-23 — ND Code / Title 54 / Chapter 54-60 / Section 54-60-23
54-60-23. Workforce enhancement fund - Continuing appropriation
Status: in_force

54-60-23. Workforce enhancement fund - Continuing appropriation

The workforce enhancement fund is a special fund in the state treasury. All funds in the

workforce enhancement fund are appropriated to the department of commerce on a continuing

basis for the purpose of implementing and administering sections 54-60-21 and 54-60-22.

Interest earned by the fund must be credited to the fund.
N.D. Cent. Code § 54-52.3-04 — ND Code / Title 54 / Chapter 54-52.3 / Section 54-52.3-04
54-52.3-04. Effect of participation on other state-administered employee benefits programs
Status: in_force

54-52.3-04. Effect of participation on other state-administered employee benefits

programs.

For all purposes under any state-administered retirement program, disability program, life

insurance program, or other employee benefits program, the compensation or gross

compensation of any employee participating in any pretax benefits program is deemed to be the

compensation or gross compensation which the employee would have received if the employee

was not participating in the pretax benefits program.
N.D. Cent. Code § 54-44.4-02.1 — ND Code / Title 54 / Chapter 54-44.4 / Section 54-44.4-02.1
54-44.4-02.1. Procurement of services
Status: in_force

54-44.4-02.1. Procurement of services

All services purchased by the office of management and budget or by an agency or

institution in the executive branch of state government must comply with the standards and

guidelines for procurement of services established by the office of management and budget.
N.D. Cent. Code § 54-52.6-13 — ND Code / Title 54 / Chapter 54-52.6 / Section 54-52.6-13
54-52.6-13. Distributions
Status: in_force

54-52.6-13. Distributions

1. A participating member is eligible to receive distribution of that individual's

accumulated balance in the plan upon becoming a former participating member.

2. Upon the death of a participating member or former participating member, the board

shall pay the accumulated account balance of that deceased participant to the

deceased participant's refund beneficiary, if any, as provided in this subsection. If the

deceased participant designated an alternate refund beneficiary with the surviving

spouse's written consent, the board shall distribute the accumulated balance to the

named beneficiary. If the deceased participant named more than one primary

beneficiary with the surviving spouse's written consent, the board shall pay the

accumulated account balance to the named primary beneficiaries in the percentages

designated by the deceased participant or, if the deceased participant had not

designated a percentage for the beneficiaries, in equal percentages. If one or more of

the primary beneficiaries has predeceased the deceased participant, the board shall

pay the predeceased beneficiary's share to the remaining primary beneficiaries. If any

beneficiary survives the deceased participant, yet dies before distribution of the

beneficiary's share, the beneficiary must be treated as if the beneficiary predeceased

the deceased participant. If there is no remaining primary beneficiary, the board shall

pay the accumulated account balance of that deceased participant to the contingent

beneficiaries in the same manner. If there is no remaining designated beneficiary, the

board shall pay the accumulated account balance of that deceased participant to the

deceased participant's estate. If the deceased participant had not designated an

alternate refund beneficiary or the surviving spouse is the refund beneficiary, the

surviving spouse of the deceased participant may select a form of payment as

provided in subdivision d of subsection 3.

3. a. A former participating member may elect one or a combination of several of the

following methods of distribution of the accumulated balance:

(1) A lump sum distribution to the recipient.

(2) A lump sum direct rollover to another qualified plan, to the extent allowed by

federal law.

(3) Periodic distributions, including annuities, as authorized by the board.

(4) No current distribution, in which case the accumulated balance must remain

in the plan until the former participating member or refund beneficiary elects

a method or methods of distribution under this section, to the extent allowed

by federal law.

b. A surviving spouse beneficiary may elect one or a combination of several of the

methods of distribution provided in paragraph 1, 2, or 3 of subdivision a if the

surviving spouse is the sole refund beneficiary. If the surviving spouse is not the

sole refund beneficiary, the refund beneficiary may only choose a lump sum

distribution of the accumulated balance.

4. If the former participating member's vested account balance is less than one thousand

dollars, the board automatically shall refund the member's vested account balance

upon termination of employment. The member may waive the refund if the member

submits a written statement to the board, within one hundred twenty days after

termination, requesting that the member's vested account balance remain in the plan.
N.D. Cent. Code § 54-52.4-09 — ND Code / Title 54 / Chapter 54-52.4 / Section 54-52.4-09
54-52.4-09. Scope
Status: in_force

54-52.4-09. Scope

1. This chapter does not prohibit an employer from providing employees with rights to

family leave which are more generous to the employee than the rights provided by this

chapter.

2. This chapter does not limit or diminish an employee's rights or benefits under chapters

52-01 through 52-07.1.
N.D. Cent. Code § 54-52.6-15 — ND Code / Title 54 / Chapter 54-52.6 / Section 54-52.6-15
54-52.6-15. Board to provide information
Status: in_force

54-52.6-15. Board to provide information

1. The board shall provide information to employees who are eligible under section

54-52.6-02 or 54-52.6-02.2 to elect to become participating members under this

chapter. The information must include at a minimum the employee's current account

balance, the assumption of investment risk under a defined contribution retirement

plan, administrative and investment costs, coordination of benefits information, and a

comparison of projected retirement benefits under the public employees retirement

system under chapter 54-52 and the retirement plan established under this chapter.

2. The board, or the board's vendor, shall provide to participating members:

a. Enrollment information that includes benefits of the defined contribution

retirement plan, investment options available, the assumption of risk, and

administrative and investment costs.

b. Ongoing investment and retirement income planning, including education on how

to set, measure, and adjust income and saving goals based on desired retirement

income and financial objectives, actual behavior, and changing circumstances.

c. Retirement income education, including distribution options available and in-plan

annuitization options.

d. Advice and guidance information, tools, and services primarily focused on

long-term planning and investing and life events that potentially influence and

impact retirement savings.

3. Notwithstanding any other provision of law, the board is not liable for any election or

investment decision made by an employee based upon information provided to an

employee under this chapter.
N.D. Cent. Code § 54-17-07.2 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-07.2
54-17-07.2. Definitions
Status: in_force

54-17-07.2. Definitions

As used in sections 54-17-07.1 through 54-17-07.7 and section 54-17-07.10:

1. "Lenders" means any bank or trust company chartered by the state of North Dakota or

any national banking association located in North Dakota, state or federal savings and

loan association located in North Dakota, and federal housing administration approved

mortgagee or other mortgage banking institutions actively engaged in home mortgage

lending in North Dakota approved by the industrial commission.

2. "Multifamily housing facility" means any facility containing four or more residential

dwelling units; provided, that at least twenty percent of the units in each facility must

be held for occupancy by persons or families of low and moderate income for such

period of time as the industrial commission may determine and may include such

related public or private facilities intended for commercial, cultural, recreational,

community, or other civic purpose as the commission may approve.

3. "Persons and families of low or moderate income" means persons or families whose

financial means are insufficient, taking into account such factors as the industrial

commission shall deem relevant, to secure decent, safe, and sanitary housing

provided by private industry without the financial assistance afforded by the housing

finance programs of the commission.

4. "Single-family residential dwelling unit" means any residential real property that:

a. Is designed for occupancy by one to four individual households;

b. Is an individual condominium or equity cooperative unit; or

c. Is an individual nonrental dwelling unit the ownership of which includes rights of

facilities in common.
N.D. Cent. Code § 54-21-26 — ND Code / Title 54 / Chapter 54-21 / Section 54-21-26
54-21-26. Director may lease land to others
Status: repealed

54-21-26. Director may lease land to others

Repealed by S.L. 1991, ch. 595, § 3.
N.D. Cent. Code § 54-68-12 — ND Code / Title 54 / Chapter 54-68 / Section 54-68-12
54-68-12. Duty to disclose and cooperate
Status: in_force

54-68-12. Duty to disclose and cooperate

1. A state or local governmental entity and its officers and employees, and the officials,

officers, and employees of the courts of this state shall disclose records and

information requested by the review board or investigation counsel or any authorized

representative of the review board or investigation counsel and shall cooperate with

and give reasonable assistance to the review board or investigation counsel and any

authorized representative of the review board or counsel unless prohibited by federal

regulation or law.

2. A sheriff or police officer shall serve process and execute all lawful orders upon

request of the office, its authorized representative, the review board, or the

investigation counsel. The service of process extends to all parts of the state in any

investigation or disciplinary proceeding under this chapter.
N.D. Cent. Code § 54-27-19.3 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-19.3
54-27-19.3. Legacy earnings highway distribution fund
Status: repealed

54-27-19.3. Legacy earnings highway distribution fund

Repealed by S.L. 2025, ch. 44, § 18.
N.D. Cent. Code § 54-60-03 — ND Code / Title 54 / Chapter 54-60 / Section 54-60-03
54-60-03. Commissioner of commerce - Duties
Status: in_force

54-60-03. Commissioner of commerce - Duties

With the advice and counsel of the North Dakota development foundation, the governor

shall appoint a commissioner to supervise, control, and administer the department. The

commissioner serves at the pleasure of the governor and receives a salary set by the governor

within the limits of legislative appropriations. The commissioner:

1. Shall file an oath of office in the usual form before commencing to perform the duties

of the commissioner;

2. Shall serve as chairman of the cabinet;

3. Shall appoint personnel as may be determined necessary to carry out the duties of the

department;

4. Shall manage the operations of the department and oversee each of the divisions;

5. Shall assume central responsibilities to develop, implement, and coordinate a working

network of commerce service providers;

6. Shall coordinate the department's services with commerce-related services of other

state agencies;

7. Shall advise and cooperate with departments and agencies of the federal government

and of other states; private businesses, agricultural organizations, and associations;

research institutions; and with any individual or other private or public entity;

8. May enter contracts upon terms and conditions as determined by the commissioner to

be reasonable and to effectuate the purposes of this chapter;

9. Shall report between the first and tenth legislative days of each regular legislative

session to a standing committee of each house of the legislative assembly as

determined by the legislative management and shall report annually to the foundation:

a. On the department's goals and objectives since the last report;

b. On the department's goals and objectives for the period until the next report;

c. On the department's long-term goals and objectives;

d. On the department's activities and measurable results occurring since the last

report; and

e. On commerce benchmarks, including the average annual wage in the state, the

gross state product exclusive of agriculture, and the number of primary sector

jobs in the state;

10. May not certify as a primary sector business a compassion center registered under

chapter 19-24.1;

11. Shall adopt rules necessary to implement this chapter; and

12. May take any actions necessary and proper to implement this chapter.
N.D. Cent. Code § 54-44.5-07 — ND Code / Title 54 / Chapter 54-44.5 / Section 54-44.5-07
54-44.5-07. Funding - Community action agency's share of funds - How determined
Status: in_force

54-44.5-07. Funding - Community action agency's share of funds - How determined

1. If the Congress of the United States approves a block grant system to fund social or

community programs, the state may use, subject to legislative appropriation, the block

grant funds or in-kind services to provide a level of financial assistance for community

action agencies to carry out community action programs through the community

services block grants pursuant to the federal Community Services Block Grant Act

[Pub. L. 97-35; 95 Stat. 511; 42 U.S.C. 9903] or any other block grant or other federal

funding sources that may be appropriate.

2. The division shall distribute the federal community services block grant funds received

under the federal Community Services Block Grant Act [Pub. L. 97-35; 95 Stat. 511; 42

U.S.C. 9903] or any other block grant or other appropriate federal funding source and

shall allocate the funds as follows, unless a different amount is mandated by federal

law:

a. At least ninety percent must be allocated to community action agencies;

b. The greater of fifty-five thousand dollars or five percent may be allocated for state

administrative expenses; and

c. Not more than five percent may be allocated for state discretionary projects.

3. Each community action agency, in accordance with procedures established by the

division, is entitled to receive a portion of available federal Community Services Block

Grant Act [Pub. L. 97-35; 95 Stat. 511; 42 U.S.C. 9903] or any other block grant funds

or other appropriate federal funding source, if it is consistent with federal law, based on

that agency's poverty population relative to the state's total poverty population. The

division shall determine poverty levels using criteria established by the United States

office of management and budget.

4. Each community action agency is governed by procedures established by the division

as it relates to the community services block grant program.
N.D. Cent. Code § 54-03-01.13 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-01.13
54-03-01.13. Staggering of terms of members of the legislative assembly
Status: repealed

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

Repealed by S.L. 2021, ch. 563, § 3.
N.D. Cent. Code § 54-03.2-04 — ND Code / Title 54 / Chapter 54-03.2 / Section 54-03.2-04
54-03.2-04. Adoption of rules
Status: in_force

54-03.2-04. Adoption of rules

Each investigating committee shall adopt rules, not inconsistent with law or any applicable

rules of the legislative assembly, governing its procedures, including the conduct of hearings.
N.D. Cent. Code § 54-21-17.1 — ND Code / Title 54 / Chapter 54-21 / Section 54-21-17.1
54-21-17.1. Superintendent to secure capitol building, capitol grounds, and executive mansion - Issuance and return of keys and electronic card access
Status: in_force

54-21-17.1. Superintendent to secure capitol building, capitol grounds, and executive

mansion - Issuance and return of keys and electronic card access.

1. The superintendent of the highway patrol shall see to the security of the state capitol

building, capitol grounds, and executive mansion. The superintendent shall have

control over the issuance and return of keys and electronic card access allowing entry

to the exterior doors of the state capitol building. The superintendent shall have control

over electronic card access for the interior doors of the state capitol building. Keys to

interior doors of the state capitol building must be controlled by individual agency

heads and requested through the office of management and budget. The highway

patrol shall determine the manner in which keys to the exterior doors of the state

capitol building are to be issued and returned and the manner in which electronic card

access for interior and exterior doors is granted or removed.

2. The legislative council may issue keys and grant electronic card access for interior

doors in areas controlled by the legislative branch.

3. The superintendent may adopt rules and procedures for the immediate lock-down and

closure of the capitol building and executive mansion to promote safety during times of

emergency.
N.D. Cent. Code § 54-52-17.6 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-17.6
54-52-17.6. Benefit payments to alternate payee under qualified domestic relations order
Status: in_force

54-52-17.6. Benefit payments to alternate payee under qualified domestic relations

order.

1. The board shall pay retirement benefits in accordance with the applicable

requirements of any qualified domestic relations order. The board shall review a

domestic relations order submitted to it to determine if the domestic relations order is

qualified under this section and under rules established by the board for determining

the qualified status of domestic relations orders and administering distributions under

the qualified orders. Upon determination that a domestic relations order is qualified,

the board shall notify the participating member and the named alternate payee of its

receipt of the qualified domestic relations order.

2. A "qualified domestic relations order" for purposes of this section means any judgment,

decree, or order, including approval of a property settlement agreement, which relates

to the provision of child support, spousal support, or marital property rights to a

spouse, former spouse, child, or other dependent of a participating member, is made

pursuant to a North Dakota domestic relations law, and which creates or recognizes

the existence of an alternate payee's right to, or assigns to an alternate payee the right

to, receive all or a part of the benefits payable to the participating member. A qualified

domestic relations order may not require the board to provide any type or form of

benefit, or any option, not otherwise provided under the public employees retirement

system, or to provide increased benefits as determined on the basis of actuarial value.

However, a qualified domestic relations order may require the payment of benefits at

the early retirement date notwithstanding that the participating member has not

terminated eligible employment. A qualified domestic relations order must specify:

a. The name and the last-known mailing address of the participating member and

the name and mailing address of each alternate payee covered by the order;

b. The amount or percentage of the participating member's benefits to be paid by

the plan to each alternate payee;

c. The number of payments or period to which the order applies; and

d. Each retirement plan to which the order applies.
N.D. Cent. Code § 54-06-14.3 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-14.3
54-06-14.3. Disaster services, emergency medical services, and firefighter volunteers - Leave
Status: in_force

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

volunteers - Leave.

1. Upon issuance of an order or proclamation declaring a state of disaster or emergency

pursuant to chapter 37-17.1, or a declaration of at least a level II disaster by the

American red cross in this or any other state, the executive officer in charge of a state

agency may grant a leave of absence to any full-time employee of that agency who is

certified by the American red cross as a disaster services volunteer. The leave of

absence must be for the purpose of allowing that employee, upon request by the

American red cross, to participate in disaster relief services.

2. The executive officer in charge of a state agency may grant a paid leave of absence to

a full-time employee of that agency who is an emergency medical services personnel

volunteer or volunteer firefighter. The leave of absence must be for the purpose of

allowing that employee to respond to an emergency at the request of an emergency

medical services operation or fire department.

3. An individual on leave under this section is not deemed to be an employee of the state

for the purposes of workforce safety and insurance. The cumulative leave granted

under this section may not exceed five working days during any calendar year. The

leave may not result in a loss of compensation, seniority, annual leave, sick leave, or

accrued overtime for which the employee is otherwise eligible.
N.D. Cent. Code § 54-35-02.3 — ND Code / Title 54 / Chapter 54-35 / Section 54-35-02.3
54-35-02.3. Employee benefits programs committee - Appointment - Selection of chairman
Status: in_force

54-35-02.3. Employee benefits programs committee - Appointment - Selection of

chairman.

The legislative management, during each biennium, shall appoint an employee benefits

programs committee in the same manner as the legislative management appoints other interim

committees. The legislative management shall appoint seven members of the house of

representatives and six members of the senate to the committee. The legislative management

shall designate the chairman of the committee. The committee shall operate according to the

statutes and procedure governing the operation of other legislative management interim

committees.
N.D. Cent. Code § 54-59-16 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-16
54-59-16. Confidentiality
Status: in_force

54-59-16. Confidentiality

The department may receive from various agencies and various agencies may provide to

the department any information from the agencies necessary to effect the purposes of this

chapter without regard to the confidential nature of the information. Each agency shall notify the

department regarding the confidential nature of any information submitted to the department.

The department is subject to the same restrictions and penalties regarding the dissemination of

this information as the entity involved. Except for a request for access authorized by section

54-10-22.1 or a request to access information collected to carry out section 54-59-09, 54-59-11,

or 54-59-13, the department shall refer a request for access to or inspection of information

provided by an agency to that agency for response. Referral to the agency satisfies any

responsibility of the department to provide that information under open records requirements.

Upon court order, the department shall provide access to or inspection of this information in

accordance with restrictions of that entity involved governing dissemination of that information.
N.D. Cent. Code § 54-51-07 — ND Code / Title 54 / Chapter 54-51 / Section 54-51-07
54-51-07. Death or injury of employee
Status: in_force

54-51-07. Death or injury of employee

Any employee who participates in an exchange under the terms of this section who suffers

disability or death as a result of personal injury arising in the course of an exchange, or

sustained in performance of duties in connection therewith, must be treated, for the purposes of

the sending agency's employee compensation program, as an employee, as defined in such

act, who has sustained such injury in the performance of such duty, but may not receive benefits

under that act for any period for which the employee is entitled to and elects to receive similar

benefits under the receiving agency's employee compensation program.
N.D. Cent. Code § 54-17.2-06 — ND Code / Title 54 / Chapter 54-17.2 / Section 54-17.2-06
54-17.2-06. Financing agreements with state agencies authorized - Commencement of payments under financing agreements
Status: in_force

54-17.2-06. Financing agreements with state agencies authorized - Commencement of

payments under financing agreements.

The commission may enter into financing agreements for any project with the state. The

financing agreements may be entered into contemporaneously with any financing to be done by

the commission and payments under the terms of the financing agreement shall begin at any

time after execution of the financing agreement.
N.D. Cent. Code § 54-17.2-02.2 — ND Code / Title 54 / Chapter 54-17.2 / Section 54-17.2-02.2
54-17.2-02.2. Continuing appropriation
Status: in_force

54-17.2-02.2. Continuing appropriation

The moneys received by the industrial commission from the sale of evidences of

indebtedness and moneys received by the industrial commission or the state agencies and

institutions from revenue generated by projects authorized by the legislative assembly, are

hereby appropriated as a continuing appropriation for the construction or implementation of the

authorized projects and payment of debt service on any evidences of indebtedness issued to

finance the projects.
N.D. Cent. Code § 54-35.2-04 — ND Code / Title 54 / Chapter 54-35.2 / Section 54-35.2-04
54-35.2-04. Compensation and expenses
Status: in_force

54-35.2-04. Compensation and expenses

A member of the task force on intergovernmental issues who is a member of the

legislative assembly is entitled to receive, from funds available to the task force, compensation

per day for each day spent in attendance at task force meetings in the same amount as

provided for members of interim committees of the legislative management and reimbursement

for travel and other necessary expenses incurred in the performance of official duties in the

amounts provided by law for other state officers. Members of the task force on

intergovernmental issues who represent political subdivisions may be reimbursed for

attendance at task force meetings by the organization they represent.
N.D. Cent. Code § 54-17.3-04 — ND Code / Title 54 / Chapter 54-17.3 / Section 54-17.3-04
54-17.3-04. Permit - Duration - Revocation
Status: in_force

54-17.3-04. Permit - Duration - Revocation

A permit issued under sections 54-17.3-01 through 54-17.3-08 expires on December

thirty-first of the year in which it is issued. A permit may be extended upon written request to the

state geologist before expiration of the permit and upon payment to the state geologist of the fee

set by the state geologist. A permit may be revoked at any time if it appears the permittee

secured the permit through false information or that any activities performed by the permittee

are being conducted negligently or improperly, or without regard for the careful preservation and

conservation of the paleontological resource.
N.D. Cent. Code § 54-64-01 — ND Code / Title 54 / Chapter 54-64 / Section 54-64-01
54-64-01. Definitions
Status: in_force

54-64-01. Definitions

In this chapter, unless the context otherwise requires:

1. "Community action agency" has the meaning as provided in section 54-44.5-01.

2. "Division" means the department of commerce division of community services.

3. "Eligible educational institution" means a division-approved institution of higher

education or approved area vocational education school.

4. "Household" means all individuals who share use of a dwelling unit as primary

quarters for living and eating separate from other individuals.

5. "Individual development account" means a matched savings account opened by a

household participating in the North Dakota individual development account program.

6. "Permissible use" means any of the following:

a. Tuition at an eligible educational institution and expenses at an eligible

educational institution, including books, eligible supplies, and equipment required

for courses of instruction.

b. For first-time home buyers, acquisition costs of acquiring or constructing a

principal residence, including any usual or reasonable settlement, financing, or

other closing costs. As used in this subdivision, acquisition costs of a principal

residence has the same meaning as under section 1034 of the Internal Revenue

Code of 1986 which do not exceed one hundred twenty percent of the average

area purchase price applicable to the residence determined according to section

143(e)(2) and (3) of the Internal Revenue Code of 1986.

c. Business capitalization expenses for expenditures on capital, plant, equipment,

working capital, and inventory expenses of a legitimate business pursuant to a

business plan approved by a community action agency.
N.D. Cent. Code § 54-35-15.1 — ND Code / Title 54 / Chapter 54-35 / Section 54-35-15.1
54-35-15.1. Information technology committee - Appointment
Status: in_force

54-35-15.1. Information technology committee - Appointment

The legislative management, during each biennium, shall appoint an information technology

committee in the same manner as the legislative management appoints other interim

committees. The legislative management shall appoint six members of the house of

representatives and five members of the senate to the committee. The chief information officer

of the state and an individual with information technology-related experience from the

department of health and human services, appointed by the commissioner of the department of

health and human services, are ex officio, nonvoting members of the committee. The legislative

management shall designate the chairman of the committee. The committee shall operate

according to the statutes and procedure governing the operation of other legislative

management interim committees.
N.D. Cent. Code § 54-35-20 — ND Code / Title 54 / Chapter 54-35 / Section 54-35-20
54-35-20. National conference of insurance legislators - Appointment of representatives
Status: in_force

54-35-20. National conference of insurance legislators - Appointment of

representatives.

The chairman of the legislative management, in consultation with the insurance

commissioner, shall appoint two members of the house of representatives and two members of

the senate to represent the state at functions of the national conference of insurance legislators.

Each member shall serve a two-year term. If a member is unable to complete the member's

term, the chairman of the legislative management shall appoint another member to complete the

term. The insurance commissioner shall pay the necessary expenses of the legislative members

for attending functions of the national conference of insurance legislators.
N.D. Cent. Code § 54-06-08.2 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-08.2
54-06-08.2. Payment by credit or debit card or by electronic fund transfer - State credit card processor - Fees
Status: in_force

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

credit card processor - Fees.

1. A state agency, board, or commission, the judicial branch, or any political subdivision

may accept payment by credit or debit card or by electronic fund transfer of any fee,

interest, penalty, tax, or other payment that is due or collectible by the agency, board,

or commission. The judicial branch may accept payment by credit or debit card or by

electronic fund transfer for any fees, costs, or other assessments required or imposed

under state law or court rule.

2. The Bank of North Dakota is the state credit card administrator for credit card

transactions of state agencies, boards, or commissions. The Bank of North Dakota

shall select a credit card processor or processors to provide credit card services to

state agencies, boards, and commissions. All funds from credit card transactions must

be deposited in the respective entity's account in the Bank of North Dakota.

3. Except as otherwise provided under section 20.1-03-32, an executive branch agency

may charge a fee to be added to a payment as a service charge for the acceptance of

a payment made by a credit or debit card or an electronic fund transfer. The Bank of

North Dakota shall adopt rules establishing the terms under which executive agencies

may charge a service fee under this subsection to be in compliance with a credit card

company's rules and shall approve the amount that may be charged by an executive

agency.

4. The judicial branch may charge a reasonable fee not exceeding the discount charged

by the credit or debit card issuer. The fee may be added to a payment as a service

charge for the acceptance of a payment made by a credit or debit card. The state court

administrator shall determine which nationally recognized cards will be accepted for

payments made to the judicial branch under this section.
N.D. Cent. Code § 54-52.6-01 — ND Code / Title 54 / Chapter 54-52.6 / Section 54-52.6-01
54-52.6-01. Definition of terms
Status: in_force

54-52.6-01. Definition of terms

As used in this chapter, unless the context otherwise requires:

1. "Board" means the public employees retirement system board.

2. "Deferred member" means an individual who elected to receive deferred vested

retirement benefits under chapter 54-52.

3. "Eligible employee", for employees who become participating members after

December 31, 2024, has the same meaning as provided under section 54-52-02.15.

For employees who elected to join the defined contribution retirement plan under this

chapter before January 1, 2025, the term includes a permanent state employee,

except an employee of the judicial branch or an employee of the board of higher

education and state institutions under the jurisdiction of the board of higher education,

who is at least eighteen years of age and who is in a position not classified by the

North Dakota human resource management services.

4. "Employee" means an individual employed by the state, whose compensation is paid

out of state funds, or funds controlled or administered by the state or paid by the

federal government through any of its executive or administrative officials.

5. "Employer" means the state of North Dakota, except the highway patrol for members

of the retirement plan created under chapter 39-03.1, or a participating political

subdivision of the state.

6. "Participating member" means an eligible employee who elects to participate in the

defined contribution retirement plan established under this chapter.

7. "Permanent employee" means a state employee whose services are not limited in

duration and who is filling an approved and regularly funded position and is employed

twenty hours or more per week and at least five months each year.

8. "Wages" and "salaries" means earnings in eligible employment under this chapter

reported as salary on a federal income tax withholding statement plus any salary

reduction or salary deferral amounts under 26 U.S.C. 125, 401(k), 403(b), 414(h), or

457. "Salary" does not include fringe benefits such as payments for unused sick leave,

personal leave, vacation leave paid in a lump sum, overtime, housing allowances,

transportation expenses, early retirement, incentive pay, severance pay, medical

insurance, workforce safety and insurance benefits, disability insurance premiums or

benefits, or salary received by a member in lieu of previously employer-provided fringe

benefits under an agreement between an employee and a participating employer.

Bonuses may be considered as salary under this section if reported pursuant to rules

adopted by the board.
N.D. Cent. Code § 54-52.3-06 — ND Code / Title 54 / Chapter 54-52.3 / Section 54-52.3-06
54-52.3-06. Deposit of program moneys - Appropriation
Status: in_force

54-52.3-06. Deposit of program moneys - Appropriation

All moneys collected pursuant to elections made by public employees under the pretax

benefits program for the medical spending account and the dependent care account must be

deposited in an account with the Bank of North Dakota. All moneys deposited in the account,

not otherwise appropriated, are hereby appropriated for the purpose of making payments to

employees participating in the program. The board shall transfer any surplus in the pretax

benefits account at the end of the plan year to the payroll clearing account.
N.D. Cent. Code § 54-27-12 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-12
54-27-12. Expenditure of amount in excess of appropriation for state institutions - Unlawful
Status: in_force

54-27-12. Expenditure of amount in excess of appropriation for state institutions -

Unlawful.

The administrative department, office, or board of any penal or charitable state institution, or

the state board of higher education, or any person thereof, in the transaction of the business of

any state institution under its direction or control, may not make nor authorize knowingly any

expenditure in the matter of the erection or improvement of any public building or structure, or

the purchase of any real property, in excess of any appropriation made by the legislative

assembly for such purpose. The president, superintendent, or managing officer of any state

institution conducted under the direction or control of any department, office, or board, or the

state board of higher education may not connive nor conspire knowingly with such departments,

offices, or boards, nor with any member thereof, to procure to be expended in the matter of the

erection or improvement of any public building or structure, or the purchase of any real property

at the state institution of which the person is president, superintendent, or managing officer, any

sum in excess of the appropriation therefor as made by the legislative assembly.
N.D. Cent. Code § 54-01-05.4 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-05.4
54-01-05.4. Impact analysis - Governor to require
Status: repealed

54-01-05.4. Impact analysis - Governor to require

Repealed by S.L. 1981, ch. 515, § 1.
N.D. Cent. Code § 54-30-16 — ND Code / Title 54 / Chapter 54-30 / Section 54-30-16
54-30-16. Payment of interest or principal on bonds at maturity - Where made - Report - Made from real estate bond payment fund - Appropriation
Status: repealed

54-30-16. Payment of interest or principal on bonds at maturity - Where made - Report

- Made from real estate bond payment fund - Appropriation.

The state treasurer shall pay interest on bonds issued under this chapter when due, or upon

presentation of the coupon for interest when due, and shall redeem the bonds upon their

maturity by paying the principal thereof. All payments must be made from the fund, without a

warrant. Each payment so made, in addition to other accounting as provided by law, must be

reported by the Bank. The governor may designate a bank or trust company as the fiscal agent

of the state at which or by whom or to whom bond principal or interest may be payable. Such

agent shall act for the state in the making of such payments under such rules as shall be made

by the governor. All moneys in the fund, except the administration fee required to be paid to the

Bank, are appropriated for the payment of interest and principal of the bonds. This appropriation

may not be repealed, and no provisions made in this chapter for the payment of the bonds and

interest may be discontinued until the debt evidenced by the bonds, both principal and interest,

has been paid.
N.D. Cent. Code § 54-44.1-01 — ND Code / Title 54 / Chapter 54-44.1 / Section 54-44.1-01
54-44.1-01. Definition
Status: in_force

54-44.1-01. Definition

As used in this chapter, unless the context otherwise requires, the term "budget unit" means

a department, institution, board, commission, agency, or other unit of government for which

separate or distinct appropriations are made.
N.D. Cent. Code § 54-17.7-08 — ND Code / Title 54 / Chapter 54-17.7 / Section 54-17.7-08
54-17.7-08. Public service commission jurisdiction and consultation
Status: in_force

54-17.7-08. Public service commission jurisdiction and consultation

1. Until sold or disposed of by the authority, the authority and the pipeline facilities built

under this chapter are exempt from the provisions of title 49 except for chapters 49-22

and 49-22.1 and sections 49-02-01.2 and 49-07-05.1. Upon sale or disposal by the

authority, pipeline facilities built under this chapter are subject to the provisions of

2. The authority shall consult with the public service commission with respect to the rates

charged by the authority for use of its pipeline facilities and such rates must thereafter

be considered just and reasonable in proceedings before the public service

commission pursuant to section 49-05-06.

3. The authority shall conduct its activities in consultation with pipeline providers, the oil

and gas research council, energy-related commodities interests, and other persons

having relevant expertise.
N.D. Cent. Code § 54-44.6-05 — ND Code / Title 54 / Chapter 54-44.6 / Section 54-44.6-05
54-44.6-05. Duties of agencies
Status: in_force

54-44.6-05. Duties of agencies

Each agency shall:

1. Establish and maintain an active, continuing program for the economical and efficient

management of forms and cooperate with the manager in the conduct of forms

management surveys.

2. Implement forms management rules and procedures issued by the manager.

3. Designate an agency forms coordinator who shall cooperate with the manager in the

development of the content requirements of the form design process and who shall

otherwise assist the agency and the office in implementing the provisions of this

chapter.
N.D. Cent. Code § 54-17-06 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-06
54-17-06. Biennial report
Status: in_force

54-17-06. Biennial report

The industrial commission shall submit a biennial report to the governor and the secretary of

state in accordance with section 54-06-04. The report must contain a meaningful financial

statement of each utility, industry, enterprise, and business project under its control.
N.D. Cent. Code § 54-30-28 — ND Code / Title 54 / Chapter 54-30 / Section 54-30-28
54-30-28. Amount of bonds which may be issued
Status: in_force

54-30-28. Amount of bonds which may be issued

The powers herein granted may be exercised repeatedly and the duties following thereon

likewise shall be performed from time to time, as the occasion may arise under this chapter, but

at no time may the amount of bonds issued and outstanding pursuant to this chapter exceed the

amount of one hundred fifty million dollars.
N.D. Cent. Code § 54-59-26 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-26
54-59-26. Health information technology office - Duties - Loan and grant programs
Status: in_force

54-59-26. Health information technology office - Duties - Loan and grant programs

1. The health information technology office is created in the department.

2. The health information technology office director shall:

a. Apply for federal funds that may be available to assist the state and health care

providers in implementing and improving health information technology.

b. Implement and administer a health information exchange that utilizes information

infrastructure and systems in a secure and cost-effective manner to facilitate the

collection, storage, and transmission of health records.

c. Adopt rules under chapter 28-32 for the use of health information, use of the

health information exchange, and participation in the health information

exchange.

d. Adopt rules under chapter 28-32 for accessing the health information exchange to

ensure appropriate and required privacy and security protections and relating to

the authority of the director to suspend, eliminate, or terminate the right to

participate in the health information exchange.

e. Establish a health information technology planning loan program to provide

low-interest loans to health care entities to assist those entities in improving their

health information technology infrastructure under section 6-09-43.

f. Facilitate and expand electronic health information exchange in the state, directly

or by awarding grants.

g. Establish an application process and eligibility criteria for and accept and process

applications for loans and grants under subdivisions e and f. The eligibility criteria

must be consistent with federal requirements associated with federal funds

received under subdivision a. The eligibility criteria for loans under subdivision f

must include a requirement that the recipient's approved health information

technology be strategically aligned with the state's health information technology

plan and the associated federal standards and that the recipient has passed an

onsite electronic medical record readiness assessment conducted by an

assessment team determined by the health information technology office director.

h. Determine fees and charges for access and participation in the health information

exchange. Any moneys collected under this subdivision must be deposited in the

electronic health information exchange fund.

i. Consult and coordinate with the department of health and human services to

facilitate the collection of health information from health care providers and state

agencies for public health purposes, including identifiable health information that

may be used by state agencies, departments, or institutions to comply with

applicable state or federal laws.

3. The health information technology office director may join with another state or states

to establish, implement, and administer a health information exchange consistent with

this chapter.
N.D. Cent. Code § 54-17-21 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-21
54-17-21. Commission authorized to acquire and dispose Riverdale sites, properties, and facilities
Status: repealed

54-17-21. Commission authorized to acquire and dispose Riverdale sites, properties,

and facilities.

Repealed by S.L. 1999, ch. 457, § 1.
N.D. Cent. Code § 54-06-06 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-06
54-06-06. Salaries of state officers and employees - Periodic payment
Status: in_force

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

Unless otherwise provided by law, the office of management and budget shall prepare

warrants for the salaries of state officers and employees not less frequently than monthly as the

same become due.
N.D. Cent. Code § 54-45-04 — ND Code / Title 54 / Chapter 54-45 / Section 54-45-04
54-45-04. Workmen's compensation coverage authorized
Status: repealed

54-45-04. Workmen's compensation coverage authorized

Repealed by S.L. 1991, ch. 613, § 5.
N.D. Cent. Code § 54-06-14.5 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-14.5
54-06-14.5. Use of sick leave and annual leave - Birth or adoption - Family leave priority
Status: in_force

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

priority.

1. During the first six months following birth or placement, an employer shall grant an

employee's request to use up to six weeks of sick leave under section 54-06-14 to

care for the employee's newborn child or to care for a child placed with the employee,

by a child-placing agency licensed under chapter 50-12, for adoption or placed with

the employee as a precondition to adoption under section 14-15-12, but not both. The

employer shall compensate the employee for leave used by the employee under this

subsection on the same basis as the employee would be compensated if the leave

had been taken due to the employee's illness, medical needs, or health needs. This

subsection does not prevent an employee from using sick leave for the employee's

illness, medical needs, or health needs following the birth of a child or from using leave

under section 54-52.4-03.

2. If an employee requests to use annual leave under section 54-06-14 for any of the

reasons identified under subsection 1 of section 54-52.4-02, the employer shall give

priority to the request.
N.D. Cent. Code § 54-52.2-03.4 — ND Code / Title 54 / Chapter 54-52.2 / Section 54-52.2-03.4
54-52.2-03.4. Administrative expenses - Continuing appropriation
Status: in_force

54-52.2-03.4. Administrative expenses - Continuing appropriation

1. A participating member shall pay the administrative expenses of the plan in a manner

determined by the board. The board:

a. Or a vendor retained by the board, may charge reasonable administrative

expenses and deduct those expenses from a participating member's account in

the deferred compensation plan established under this chapter.

b. May pay the administrative expenses of the plan from fines and fees collected

from a vendor in a manner determined by the board.

c. Shall deposit vendor fines and fees and any money deducted from a participating

member's account in an administrative expenses account with the state treasurer.

d. May use funds from the payroll clearing account established under section

54-52.3-03 and the administrative expenses account to pay for consulting

expenses.

2. All money in the payroll clearing account and the administrative expenses account are

appropriated to the board on a continuing basis for the purpose of retaining a

consultant as required for the administration of this chapter.
N.D. Cent. Code § 54-17.7-03 — ND Code / Title 54 / Chapter 54-17.7 / Section 54-17.7-03
54-17.7-03. Pipeline authority purposes
Status: in_force

54-17.7-03. Pipeline authority purposes

The authority is created for the purpose of diversifying and expanding the North Dakota

economy by facilitating development of pipeline facilities to support the production,

transportation, and utilization of North Dakota energy-related commodities, thereby increasing

employment, stimulating economic activity, augmenting sources of tax revenue, fostering

economic stability, and improving the state's economy.
N.D. Cent. Code § 54-05.1-06 — ND Code / Title 54 / Chapter 54-05.1 / Section 54-05.1-06
54-05.1-06. Unlawful means to influence legislative assembly
Status: in_force

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

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

or for any other person:

1. To directly or indirectly give or agree to give any money, property, or valuable thing, or

any security therefor, to any person for that person's service or the service of any other

person in procuring the passage or defeat of any measure before the legislative

assembly or either house thereof, or before any committee thereof, upon the

contingency or condition that any measure will be passed or defeated.

2. To directly or indirectly receive or agree to receive any such money, property, thing of

value, or security for such service, upon any such contingency or condition, as set

forth in the preceding subsection.

3. To attempt to influence any member of the legislative assembly without first making

known to such member the real and true interest the person has in such measure,

either personally or as agent or attorney.
N.D. Cent. Code § 54-18-02 — ND Code / Title 54 / Chapter 54-18 / Section 54-18-02
54-18-02. North Dakota mill and elevator association
Status: in_force

54-18-02. North Dakota mill and elevator association

For the purpose of encouraging and promoting agriculture, commerce, and industry, the

state of North Dakota shall engage in the business of manufacturing and marketing farm

products. For that purpose it shall establish a system of warehouses, elevators, flour mills,

factories, plants, machinery, and equipment, owned, controlled, and operated by it under the

name of North Dakota mill and elevator association. The business of the association, in addition

to other matters specified in this chapter, may include anything that any private individual,

corporation, or limited liability company lawfully may do in conducting a similar business except

as restricted by the provisions of this chapter. In the creation of the association, it is the intention

of the legislative assembly that all acts of the association are the acts of the state of North

Dakota functioning in its sovereign and governmental capacity. The association is not a

separate agency of the sovereign power, but is the state itself functioning.
N.D. Cent. Code § 54-02-23 — ND Code / Title 54 / Chapter 54-02 / Section 54-02-23
54-02-23. State waltz
Status: in_force

54-02-23. State waltz

"Dancing Dakota", written and composed by Chuck Suchy, is the North Dakota state waltz.
N.D. Cent. Code § 54-18-20 — ND Code / Title 54 / Chapter 54-18 / Section 54-18-20
54-18-20. Gain-sharing program
Status: in_force

54-18-20. Gain-sharing program

For the purpose of this section, "gain-sharing program" means a program approved

annually by the industrial commission with provisions that promote profitability, productivity, and

safety. Any gain-sharing program approved by the industrial commission must include

provisions that ensure that no payouts occur unless mill and elevator profits exceed one million

dollars and transfers will be made to the state general fund for that program year.
N.D. Cent. Code § 54-63-03 — ND Code / Title 54 / Chapter 54-63 / Section 54-63-03
54-63-03. Industrial commission powers
Status: in_force

54-63-03. Industrial commission powers

1. The industrial commission may:

a. Make grants or loans, and provide other forms of financial assistance as

necessary or appropriate, to qualified persons for funding research, development,

marketing, and educational projects or activities, feasibility studies, applied

research and demonstrations, venture capital investments, and low-interest loans

and loan buydowns to foster the development of renewable energy, including

wind, biofuels, biomass, solar, hydroelectric, geothermal, and hydrogen, that is

produced from the foregoing renewable energy sources. Any financial assistance

that the commission awards to a project must not be the project's sole support.

Any financial assistance the commission awards must be conditioned on the

assurance that the applicant or a third party will support the project by either

monetary or nonmonetary means. The amount of this additional support is at the

commission's discretion.

b. Provide incentives for multifeed facilities to process corn ethanol, cellulosic

ethanol, canola biodiesel, and soy biodiesel.

c. Provide incentives for scaleable technologies.

d. Provide incentives to increase research and utilization of renewable energy

coproduct utilization for livestock feed, human food products, and industrial use

technologies.

e. Execute contracts and all other instruments necessary or convenient for the

performance of its powers and functions under this chapter.

f. Accept aid, grants, or contributions of money or other things of value from any

source, to be held, used, and applied to carry out this chapter, subject to the

conditions upon which the aid, grants, or contributions are made, including aid,

grants, or contributions from any department, agency, or instrumentality of the

United States for any purpose consistent with this chapter.

g. Establish interest buydown programs for equipment needed for production,

harvest, storage, and transport under the special private lands open to sportsmen

pilot program for native grass stands.

h. Fund technical assistance from the university system and private entities to

producers.

i. Establish incentive programs that have as their purpose demonstrating to the

agriculture community the commercial feasibility of producing, harvesting, storing,

and delivering biomass feedstock. The program may include providing funds to

producers of perennial biomass crops, including native grasses, so that such

producers have an income during the time needed for these plants to mature and

become ready for harvest.

j. Provide incentives to support research and demonstration projects and obtain

matching grants for projects involving advanced biofuels and sugar-based

biofuels.

2. The industrial commission may contract with the department of commerce to provide

technical assistance to the renewable energy council and the industrial commission to

carry out and effectuate the purposes of this chapter, including pursuit of aid, grants, or

contributions of money or other things of value from any source for any purpose

consistent with this chapter. The department may contract with a public or private third

party to provide any or all of the technical assistance necessary to implement the

purposes of this chapter.
N.D. Cent. Code § 54-44.1-03 — ND Code / Title 54 / Chapter 54-44.1 / Section 54-44.1-03
54-44.1-03. Powers and duties of the director of the budget
Status: in_force

54-44.1-03. Powers and duties of the director of the budget

The director of the budget, or such subordinate officer as the director of the budget shall

designate, shall:

1. Be vested with the duties, powers, and responsibilities involved in securing budget

estimates and work programs from the several departments and agencies of the state

government.

2. Be vested with the duties, powers, and responsibilities involved in the preparation of

revenue and fixed expense estimates.

3. Develop financial policies and plans as the basis for budget recommendations to the

legislative assembly, and prepare detailed documents in accordance with such

financial policies and plans for presentation to the legislative assembly.

4. Coordinate the fiscal affairs and procedures of the state to assure the carrying out of

the financial plans and policies approved by the legislative assembly.

5. Exercise continual control over the execution of the budget affecting the departments,

institutions, and agencies of the executive branch of the state government involving

approval of all commitments for conformity with the program provided in the budget,

frequent comparison of actual revenues and budget estimates, and control of the rate

of expenditures through a system of semiannual, quarterly, or monthly allotments.

6. Investigate, examine, and make exhaustive studies:

a. Of the structure and operation of the entire executive branch of government and

of every office, institution, and agency thereof.

b. Of all the functions, duties, and services of all executive branch offices,

departments, institutions, industries, boards, bureaus, and commissions.

c. Of all the books, records, and methods of accounting of each office or agency of

the executive branch to ascertain and determine whether their policies, practices,

and systems of accounting are sound, necessary, practical, and efficient.

7. Develop a long-term capital improvements budget for consideration by the legislative

assembly.

8. Have the authority to procure from the various officers, departments, agencies, and

employees such information as may be necessary for the preparation and execution of

the budget.

9. Provide such assistance as the legislative assembly may request and be available to

assist its appropriations committees with any needed information or material and make

its records and information available at all times to the legislative assembly and its

committees and designees.

10. Perform all other necessary duties to carry out the provisions of this chapter and of
N.D. Cent. Code § 54-01.1-02 — ND Code / Title 54 / Chapter 54-01.1 / Section 54-01.1-02
54-01.1-02. Definitions
Status: in_force

54-01.1-02. Definitions

As used in this chapter:

1. "Business" means any lawful activity, excepting a farm operation, conducted primarily:

a. For the purchase, sale, lease, and rental of personal and real property and for the

manufacture, processing, or marketing of products, commodities, or any other

personal property;

b. For the sale of services to the public;

c. By a nonprofit organization; or

d. For the purposes of subsection 1 of section 54-01.1-03, for assisting in the

purchase, sale, resale, manufacture, processing, or marketing of products,

commodities, personal property, or services by the erection and maintenance of

an outdoor advertising display or displays, whether or not such display or displays

are located on the premises on which any of the above-mentioned activities are

conducted.

2. "Comparable replacement dwelling" means any dwelling that is:

a. Decent, safe, and sanitary;

b. Adequate in size to accommodate the occupants;

c. Within the financial means of the displaced person;

d. Functionally equivalent;

e. In the area not subject to reasonably adverse environmental conditions; and

f. In a location generally not less desirable than the location of the displaced

person's dwelling with respect to public utilities, facilities, services, and the

displaced person's place of employment.

3. "Displaced person", except as provided in subdivision c, means:

a. Any person who moves from real property or moves the person's personal

property from real property:

(1) As a direct result of a written notice of intent to acquire or the acquisition of

the real property in whole or in part for a program or project undertaken by a

displacing agency; or

(2) On which the person is a residential tenant or conducts a small business, a

farm operation, or a business defined in subdivision d of subsection 1, as a

direct result of rehabilitation, demolition, or other displacing activity the state

agency prescribes, under a program or project undertaken by a displacing

agency in any case in which the displacing agency determines that the

displacement is permanent.

b. Solely for the purposes of subsections 1 and 2 of section 54-01.1-03 and section

54-01.1-06, any person who moves from real property or moves the person's

personal property from real property:

(1) As a direct result of a written notice of intent to acquire or the acquisition of

other real property, in whole or in part, on which the person conducts a

business or farm operation, for a program or project undertaken by a

displacing agency; or

(2) As a direct result of rehabilitation, demolition, or other displacing activity the

state agency prescribes, of other real property on which the person

conducts a business or a farm operation, under a program or project

undertaken by a displacing agency when the displacing agency determines

that the displacement is permanent.

c. The term "displaced person" does not include:

(1) A person who has been determined, according to criteria established by the

state agency, to be either unlawfully occupying the displacement dwelling or

to have occupied the dwelling for the purpose of obtaining assistance under

this chapter; or

(2) In any case in which the displacing agency acquires property for a program

or project, any person, other than a person who was an occupant of such

property at the time it was acquired, who occupies the property on a rental

basis for a short term or a period subject to termination when the property is

needed for the program or project.

4. "Displacing agency" means the state, state agency, or person carrying out a federal or

state financially assisted program or project that causes a person to be a displaced

person.

5. "Farm operation" means any activity conducted solely or primarily for the production of

one or more agricultural products or commodities, including timber, for sale or home

use, and customarily producing such products or commodities in sufficient quantity to

be capable of contributing materially to the operator's support.

6. "Federally assisted" means receiving federal financial assistance in the form of a

grant, loan, or contribution, except any federal guarantee or insurance, or any interest

reduction payment to an individual in connection with the purchase and occupancy of

a residence by that individual.

7. "Mortgage" means such classes of liens as are commonly given to secure advances

on, or the unpaid purchase price of, real property, under the laws of the state in which

the real property is located, together with the credit instruments, if any, secured

thereby.

8. "Nonprofit organization" means a corporation organized under chapter 10-33 or an

organization defined in subsection 7, 8, 9, 10, or 11 of section 57-02-08.

9. "Person" means any individual, partnership, corporation, limited liability company, or

association.

10. "State agency" means any department, agency, or instrumentality of the state or of a

political subdivision of the state; any department, agency, or instrumentality of two or

more states; or two or more political subdivisions of the state or states; and any person

who has the authority to acquire property by eminent domain under state law.
N.D. Cent. Code § 54-10-31 — ND Code / Title 54 / Chapter 54-10 / Section 54-10-31
54-10-31. Department of financial institutions - Audit and reports
Status: in_force

54-10-31. Department of financial institutions - Audit and reports

Once every two years, the state banking board shall provide for an audit of the department

of financial institutions by a certified public accountant. The state banking board may request

the state auditor to conduct the audit. If the state auditor agrees to conduct the audit, the state

auditor shall deposit any fees assessed for completion of the audit to the state auditor operating

account.
N.D. Cent. Code § 54-52-19 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-19
54-52-19. Prior service
Status: repealed

54-52-19. Prior service

Repealed by S.L. 1977, ch. 499, § 17.
N.D. Cent. Code § 54-07-11 — ND Code / Title 54 / Chapter 54-07 / Section 54-07-11
54-07-11. Youth council duties
Status: in_force

54-07-11. Youth council duties

Expired under S.L. 2009, ch. 461, § 5.
N.D. Cent. Code § 54-60-06 — ND Code / Title 54 / Chapter 54-60 / Section 54-60-06
54-60-06. Commerce cabinet
Status: in_force

54-60-06. Commerce cabinet

The North Dakota commerce cabinet is created. The cabinet is composed of the directors of

each of the department divisions and of the executive heads, or other authorized

representatives, of the state board for career and technical education, the state board of higher

education, the Bank of North Dakota, the department of agriculture, workforce safety and

insurance, the department of transportation, job service North Dakota, the game and fish

department, and of any other state agency appointed by the commissioner. The commissioner

is the chairman of the cabinet and shall determine which agencies are members of the cabinet.

The cabinet shall:

1. Coordinate and communicate economic development and tourism efforts of the

agencies represented.

2. Meet at times determined by the commissioner.
N.D. Cent. Code § 54-10-09 — ND Code / Title 54 / Chapter 54-10 / Section 54-10-09
54-10-09. Transmit forms and instructions to county auditors
Status: repealed

54-10-09. Transmit forms and instructions to county auditors

Repealed by S.L. 1959, ch. 372, § 117.
N.D. Cent. Code § 54-52-05 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-05
54-52-05. Membership and assessments - Employer payment of employee contributions (Retroactive application - See note)
Status: in_force

54-52-05. Membership and assessments - Employer payment of employee

contributions. (Retroactive application - See note)

1. a. Every eligible participating political subdivision employee, at the time the political

subdivision joins the plan shall so state in writing if the employee concurs in the

plan and all future eligible employees of the participating political subdivision are

participating members in the plan and must be enrolled in the plan within the first

month of employment.

b. Except as otherwise provided by law, every other eligible governmental unit

employee of a participating governmental unit is a participating member in the

plan and must be enrolled in the plan within the first month of employment. An

employee who was not enrolled in the retirement system when eligible to

participate must be enrolled immediately upon notice of the employee's eligibility,

unless the employee waives in writing the employee's right to participate for the

previous time of eligibility, to avoid contributing to the fund for past service.

c. An employee eligible for normal retirement who accepts a retirement benefit

under this chapter and subsequently becomes employed with a participating

employer other than the employer the employee was employed with at the time

the employee retired under this chapter may, before being re-enrolled in the

retirement plan within the first month of employment, elect to permanently waive

future participation in the retirement plan and the retiree health program and

maintain that employee's retirement status. An employee making this election is

not required to make any future employee contributions to the public employees

retirement system nor is the employee's employer required to make any further

contributions on behalf of that employee.

d. An employee eligible for normal retirement who accepts a retirement benefit

under this chapter and subsequently becomes employed with the same

participating employer the employee was employed with at the time the employee

retired under this chapter may not participate in the retirement plan or the retiree

health program and may maintain that employee's retirement status if the

employee is appointed by an elected state official to an unclassified state position

for the duration of the elected official's term until a successor is appointed.

2. Each member must be assessed and required to pay monthly seven percent of the

monthly salary or wage paid to the member, and such assessment must be deducted

and retained out of such salary in equal monthly installments commencing with the first

month of employment.

3. Each employer, at its option, may pay all or a portion of the employee contributions

required by subsection 2 and sections 54-52-06.1, 54-52-06.2, 54-52-06.3, and

54-52-06.4 or the employee contributions required to purchase service credit on a

pretax basis pursuant to subsection 5 of section 54-52-17.4. Employees may not

receive the contributed amounts directly once the employer has elected to pay the

employee contributions. The amount paid must be paid by the employer in lieu of

contributions by the employee. If the state determines not to pay the contributions, the

amount that would have been paid must continue to be deducted from the employee's

compensation. If contributions are paid by the employer, they must be treated as

employer contributions in determining tax treatment under this code and the federal

Internal Revenue Code. If contributions are paid by the employer, they may not be

included as gross income of the employee in determining tax treatment under this

code and the Internal Revenue Code until they are distributed or made available. The

employer shall pay these employee contributions from the same source of funds used

in paying compensation to the employee. The employer shall pay these contributions

by effecting an equal cash reduction in the gross salary of the employee or by an offset

against future salary increases or by a contribution of a reduction in gross salary and

offset against future salary increases. If employee contributions are paid by the

employer, they must be treated for the purposes of this chapter in the same manner

and to the same extent as employee contributions made prior to the date on which

employee contributions were assumed by the employer. An employer exercising its

option under this subsection shall report its choice to the board in writing.

4. For compensation earned after August 1, 2009, all employee contributions required

under section 54-52-06.1 and the job service North Dakota retirement plan, and not

otherwise paid under subsection 3, must be paid by the employer in lieu of

contributions by the member. All contributions paid by the employer under this

subsection must be treated as employer contributions in determining tax treatment

under this code and the Internal Revenue Code. Contributions paid by the employer

under this subsection may not be included as gross income of the member in

determining tax treatment under this code and the Internal Revenue Code until the

contributions are distributed or made available. Contributions paid by the employer in

accordance with this subsection must be treated for the purposes of this chapter in the

same manner and to the same extent as member contributions made before the date

the contributions were assumed by the employer. The employer shall pay these

member contributions from the same source of funds used in paying compensation to

the employee. The employer shall pay these contributions by effecting an equal cash

reduction in the gross salary of the employee. The employer shall continue making

payments under this section unless otherwise specifically provided for under the

agency's biennial appropriation or by amendment to law.
N.D. Cent. Code § 54-21-06.1 — ND Code / Title 54 / Chapter 54-21 / Section 54-21-06.1
54-21-06.1. Director of institutions to be substituted for board, members of board, and secretary of board
Status: repealed

54-21-06.1. Director of institutions to be substituted for board, members of board, and

secretary of board.

Repealed by S.L. 1991, ch. 592, § 47.
N.D. Cent. Code § 54-17.4-13 — ND Code / Title 54 / Chapter 54-17.4 / Section 54-17.4-13
54-17.4-13. Geologic data preservation fund - Continuing appropriation
Status: in_force

54-17.4-13. Geologic data preservation fund - Continuing appropriation

The geologic data preservation fund may be used to defray the expenses of preserving

geologic data compiled by the commission and disseminating the data to county, state, and

federal departments and agencies and members of the general public. All moneys collected for

dissemination of geologic data under this section must be deposited in the geologic data

preservation fund. This fund must be maintained as a special fund in the state treasury and all

moneys transferred into the fund are appropriated and must be used and disbursed solely for

the purpose of paying the current cost of providing information as determined by the

commission based on actual costs.
N.D. Cent. Code § 54-44.3-12.1 — ND Code / Title 54 / Chapter 54-44.3 / Section 54-44.3-12.1
54-44.3-12.1. Revisions to compensation plan
Status: in_force

54-44.3-12.1. Revisions to compensation plan

Revisions to the compensation plan may only be made on July first, following the close of a

regular legislative session, except that new classifications may be added to the compensation

plan during a biennium when deemed necessary by the director. Revisions to the compensation

plan for county employees covered by the plan become effective on January first of the first full

calendar year following the revision or on July first following the close of a regular legislative

session, based on official action by the board of county commissioners. Revisions to the

compensation plan may only be made to the extent the legislative assembly appropriates funds

to implement such plans.
N.D. Cent. Code § 54-35-15.3 — ND Code / Title 54 / Chapter 54-35 / Section 54-35-15.3
54-35-15.3. Information technology project quality assurance - Information technology committee review - Suspension of funds
Status: in_force

54-35-15.3. Information technology project quality assurance - Information

technology committee review - Suspension of funds.

The information technology committee may review any information technology project or

information technology plan. If the committee determines that the project or plan is at risk of

failing to achieve its intended results, the committee may recommend to the office of

management and budget the suspension of the expenditure of moneys appropriated for a

project or plan. The office of management and budget may suspend the expenditure authority if

the office of management and budget agrees with the recommendation of the committee.
N.D. Cent. Code § 54-12-04.2 — ND Code / Title 54 / Chapter 54-12 / Section 54-12-04.2
54-12-04.2. Child sexual abuse investigation and prosecution
Status: in_force

54-12-04.2. Child sexual abuse investigation and prosecution

The child sexual abuse investigation and prosecution team consists of an assistant attorney

general and an agent of the state bureau of criminal investigation. On request of any state's

attorney, the team shall assist, within the limits of legislative appropriation and available staff

resources, with the investigation and prosecution of child sexual abuse cases.
N.D. Cent. Code § 54-34-04 — ND Code / Title 54 / Chapter 54-34 / Section 54-34-04
54-34-04. Meeting and duties of commission
Status: repealed

54-34-04. Meeting and duties of commission

Repealed by S.L. 1991, ch. 95, § 48.
N.D. Cent. Code § 54-03.1-03 — ND Code / Title 54 / Chapter 54-03.1 / Section 54-03.1-03
54-03.1-03. Agenda
Status: in_force

54-03.1-03. Agenda

The agenda of the organizational session must include the following:

1. Orientation classes upon legislative rules and procedure for new legislators;

2. Presentation of reports by legislative interim committees or commissions;

3. Party caucuses to review proposed legislative rules and committee assignments, as

appropriate;

4. Appointment of procedural committees;

5. Presentation of the budget and revenue proposals recommended by the governor as

provided in section 54-44.1-07; and

6. All other similar matters, in order that the legislative assembly be fully organized and

ready to begin its business by the first day of the regular session.
N.D. Cent. Code § 54-44.4-11 — ND Code / Title 54 / Chapter 54-44.4 / Section 54-44.4-11
54-44.4-11. Small purchases
Status: in_force

54-44.4-11. Small purchases

1. A procurement not exceeding the amount established by written directive of the

director of the office of management and budget or by the state board of higher

education under subsection 5 of section 15-10-17 may be made in accordance with

small purchase procedures.

2. A small purchase need not be made through competitive sealed bidding or competitive

sealed proposals. However, small purchases must be made with competition that is

practicable under the circumstances.

3. Procurement requirements may not be artificially divided as to constitute a small

purchase under this section.
N.D. Cent. Code § 54-61-02 — ND Code / Title 54 / Chapter 54-61 / Section 54-61-02
54-61-02. Commission responsibilities
Status: in_force

54-61-02. Commission responsibilities

1. The commission shall:

a. Develop standards governing the delivery of indigent defense services, including:

(1) Standards governing eligibility for indigent defense services;

(2) Standards for maintaining and operating regional public defender offices if

established;

(3) Standards prescribing minimum experience, training, and other

qualifications for contract counsel and public defenders;

(4) Standards for contract counsel and public defender caseloads;

(5) Standards for the evaluation of contract counsel and public defenders;

(6) Standards for independent, competent, and efficient representation of

clients whose cases present conflicts of interest;

(7) Standards for the reimbursement of expenses incurred by contract counsel;

and

(8) Other standards considered necessary and appropriate to ensure the

delivery of adequate indigent defense services.

b. Establish and implement a process of contracting for legal counsel services for

indigents.

c. Establish public defender offices in the regions of the state as the commission

considers necessary and appropriate.

d. Establish a method for accurately tracking and monitoring caseloads of contract

counsel and public defenders.

e. Approve and submit a biennial budget request to the office of the budget.

2. Upon the request of a county or city, the commission may agree to provide indigent

defense services in the county or city for those cases in which the county or city is

otherwise required to provide such services. Moneys received by the commission in

accordance with an agreement under this subsection must be deposited in the indigent

defense administration fund.

3. The commission shall adopt rules for the exercise of its authority under this chapter in

a manner generally consistent with the notice and comment provisions of section

28-32-11.

4. Notwithstanding any provision of state law making the records confidential, but subject

to any prohibitions in federal law, in addition to or in lieu of a subpoena, in determining

eligibility for public defender services the commission may obtain access, relevant to

making an eligibility determination for indigent defense services, to:

a. All records of other state and local government agencies relevant to

determination of eligibility for indigent defense services, including:

(1) Vital statistics, including records of marriage, birth, and divorce;

(2) Local tax and revenue records, including information on residence address,

employer, income, and assets;

(3) Records concerning real and titled personal property;

(4) Records of occupational and professional licenses and records concerning

the ownership and control of corporations, partnerships, and other business

entities;

(5) Employment security records;

(6) Workforce safety and insurance records pursuant to a release signed by an

individual or as otherwise provided in section 65-05-32;

(7) Records of all agencies administering public assistance programs;

(8) Records of the department of transportation, which access is not subject to

the requirements in section 39-16-03;

(9) Corrections records;

(10) Law enforcement records; and

(11) Subject to an agreement with the state tax commissioner, state tax and

revenue records, including information on residence address, employer,

income, and assets; and

b. Certain information contained in records held by private entities, subject to

safeguards on privacy and information security, consisting of:

(1) The name, address, social security number, and other requested relevant

income or asset information of the individual and the name and address of

the employer of the individual, as appearing in customer records of public

utilities, including cellular and wireless telephone service providers and

cable television companies, pursuant to an administrative subpoena if

requested; and

(2) Information on assets and liabilities of the individual held by financial

institutions.

5. If a government agency or private entity denies the commission access to records

under subsection 4, the denial must include a statement of the legal authority for the

denial.
N.D. Cent. Code § 54-01.1-10 — ND Code / Title 54 / Chapter 54-01.1 / Section 54-01.1-10
54-01.1-10. Fund availability
Status: in_force

54-01.1-10. Fund availability

Funds appropriated or otherwise available to any state agency for the acquisition of real

property or any interest therein for a particular program or project shall also be available to carry

out the provisions of this chapter as applied to that program or project. No payment or

assistance under this chapter is required to be made to any person or included as a program or

project cost under this section, if the person receives a payment required by federal, state, or

local law which is determined by the state agency to have substantially the same purpose effect

as the payment under this chapter.
N.D. Cent. Code § 54-01-09.1 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-09.1
54-01-09.1. State offenses - Concurrent jurisdiction ceded to the United States (Contingent effective date - See note)
Status: in_force

54-01-09.1. State offenses - Concurrent jurisdiction ceded to the United States

(Contingent effective date - See note)

Concurrent jurisdiction is hereby ceded to the United States over offenses, as defined in

section 12.1-01-04, when committed within boundaries of the tracts of land designated as:

1. Theodore Roosevelt national park.

2. Fort Union trading post national historic site.

3. Knife River Indian villages national historic site.

State offenses - Concurrent jurisdiction ceded to the United States. (Contingent

effective date - See note) Concurrent jurisdiction is ceded to the United States over offenses,

as defined in section 12.1-01-04, when committed within the boundaries of the tracts of land

designated as:

1. Theodore Roosevelt national park.

2. Fort Union trading post national historic site.

3. Knife River Indian villages national historic site.

4. Fort Totten national historic site.
N.D. Cent. Code § 54-41-05 — ND Code / Title 54 / Chapter 54-41 / Section 54-41-05
54-41-05. Unauthorized use - Penalty
Status: in_force

54-41-05. Unauthorized use - Penalty

A person may not place or cause to be placed upon the coat of arms of this state any

advertisement of any nature; or expose such coat of arms to public view when any

advertisement has been attached thereto; or expose to public view for sale or any other purpose

or have in that person's possession for sale, gift, or other purpose, any article of merchandise or

receptacle for carrying merchandise upon which the coat of arms of this state has been

produced or attached for the purpose of advertising or calling attention to such article. Any

person violating the provisions of this section is guilty of an infraction.
N.D. Cent. Code § 54-59-03 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-03
54-59-03. Chief information officer of the state
Status: in_force

54-59-03. Chief information officer of the state

The governor shall appoint the chief information officer of the state. The governor shall

appoint the chief information officer on the basis of education, experience, and other

qualifications in information technology and administration. The position of chief information

officer is not a classified position. The chief information officer serves at the pleasure of the

governor. The governor shall set the salary of the chief information officer within the limits of

legislative appropriations.
N.D. Cent. Code § 54-52.6-23 — ND Code / Title 54 / Chapter 54-52.6 / Section 54-52.6-23
54-52.6-23. Savings clause - Plan modification
Status: in_force

54-52.6-23. Savings clause - Plan modification

If the board determines any section of this chapter does not comply with applicable federal

statutes or rules, the board shall adopt appropriate terminology with respect to that section as

will comply with those federal statutes or rules, subject to the approval of the employee benefits

programs committee. Any plan modifications made by the board pursuant to this section are

effective until the effective date of any measure enacted by the legislative assembly providing

the necessary amendments to this chapter to ensure compliance with the federal statutes or

rules.
N.D. Cent. Code § 54-02-13 — ND Code / Title 54 / Chapter 54-02 / Section 54-02-13
54-02-13. English as official language
Status: in_force

54-02-13. English as official language

The English language is the official language of the state of North Dakota.
N.D. Cent. Code § 54-46-03 — ND Code / Title 54 / Chapter 54-46 / Section 54-46-03
54-46-03. State records administrator
Status: in_force

54-46-03. State records administrator

The chief information officer of the state or an individual designated by the chief information

officer shall serve as the state records administrator, in this chapter referred to as the

administrator. The administrator shall establish and administer in the executive branch of state

government a records management program, which will apply efficient and economical

management methods to the creation, utilization, maintenance, retention, and final disposition of

state records.
N.D. Cent. Code § 54-03-34 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-34
54-03-34. Dynamic fiscal impact bill selection committee
Status: in_force

54-03-34. Dynamic fiscal impact bill selection committee

Expired under S.L. 2017, ch. 364, § 3.
N.D. Cent. Code § 54-23.4-02 — ND Code / Title 54 / Chapter 54-23.4 / Section 54-23.4-02
54-23.4-02. Award of compensation
Status: in_force

54-23.4-02. Award of compensation

The division shall award compensation for economic loss arising directly from criminally

injurious conduct if satisfied by a preponderance of the evidence that the requirements for

compensation have been met.
N.D. Cent. Code § 54-18-13 — ND Code / Title 54 / Chapter 54-18 / Section 54-18-13
54-18-13. Capital of association
Status: in_force

54-18-13. Capital of association

The capital of the association must be any funds procured by the industrial commission

through the sale of state bonds, as may be provided by law for that purpose, and also all

moneys raised by the mill tax for terminal elevators as provided in sections 2072 and 2073 of

the Compiled Laws of 1913. Said moneys must be paid to the manager of said association and

the manager shall place the same in the general fund of the association.
N.D. Cent. Code § 54-46-09 — ND Code / Title 54 / Chapter 54-46 / Section 54-46-09
54-46-09. Destruction of nonrecord materials and nonarchival resources
Status: in_force

54-46-09. Destruction of nonrecord materials and nonarchival resources

Nonrecord materials or materials not included within the definition of records as contained in

this chapter may, if not otherwise prohibited by law, be destroyed at any time by the agency in

possession of such materials without the prior approval of the administrator. The administrator

may formulate procedures and interpretation to guide in the disposition of nonrecord materials.

Records determined to be subject to final disposition under section 54-46-08 and not found to

be of value as archival resources under section 54-46-08.1 must be destroyed by any suitable

means as determined by the administrator.
N.D. Cent. Code § 54-17.6-01 — ND Code / Title 54 / Chapter 54-17.6 / Section 54-17.6-01
54-17.6-01. Definitions
Status: in_force

54-17.6-01. Definitions

1. "Commission" means the North Dakota industrial commission.

2. "Council" means the oil and gas research council.
N.D. Cent. Code § 54-17-37 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-37
54-17-37. Tribal-state guaranty program - Continuing appropriation
Status: in_force

54-17-37. Tribal-state guaranty program - Continuing appropriation

Expired under S.L. 2007, ch. 461, § 1.
N.D. Cent. Code § 54-03-25 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-25
54-03-25. Bills and amendments affecting workforce safety and insurance fund - Actuarial impact statement
Status: in_force

54-03-25. Bills and amendments affecting workforce safety and insurance fund -

Actuarial impact statement.

Workforce safety and insurance shall review any legislative measure affecting workforce

safety and insurance benefits or premium rates to determine whether the measure will have an

actuarial impact on the workforce safety and insurance fund. If the organization determines that

the measure will have an actuarial impact on the fund, the organization shall submit, before the

measure is acted upon, an actuarial impact statement prepared, at the expense of the

organization, by the actuary employed by the organization. The organization shall review any

amendment affecting workforce safety and insurance benefits or premium rates and shall

submit, before the amendment is acted upon, either a statement prepared by the organization,

stating that the amendment is not expected to have any actuarial impact on the workforce safety

and insurance fund, or an actuarial impact statement prepared, at the expense of the

organization, by the actuary employed by the organization.
N.D. Cent. Code § 54-16-11.1 — ND Code / Title 54 / Chapter 54-16 / Section 54-16-11.1
54-16-11.1. Emergency commission may increase revenues and appropriation authority for intergovernmental service fund agencies
Status: repealed

54-16-11.1. Emergency commission may increase revenues and appropriation

authority for intergovernmental service fund agencies.

Repealed by S.L. 2025, ch. 486, § 8.
N.D. Cent. Code § 54-40.5-04 — ND Code / Title 54 / Chapter 54-40.5 / Section 54-40.5-04
54-40.5-04. Revocation of transfer
Status: in_force

54-40.5-04. Revocation of transfer

An agreement may be amended by further agreement of the parties in the same manner as

the original agreement was made. An agreement may be terminated as provided in the

agreement or, if no provision is made for the termination, by joint action of all parties, or by an

individual party not less than one year after its notice in writing to all other parties. If a political

subdivision that is a party to the agreement is dissolved, the agreement may be terminated as

provided in this section by the governing body of the political subdivision upon its

reincorporation or reestablishment, by a petition submitted to the county and signed by a

majority of the electors residing within the previous territorial jurisdiction of the dissolved political

subdivision, or in some other manner specified in the agreement.

A township or city that unilaterally transferred its zoning authority to the county may

reacquire that zoning authority by mutual agreement between the board of county

commissioners and the board of township supervisors or city governing body.
N.D. Cent. Code § 54-24-08 — ND Code / Title 54 / Chapter 54-24 / Section 54-24-08
54-24-08. Library contracts for library services
Status: in_force

54-24-08. Library contracts for library services

The state library is hereby authorized and empowered to cooperate with, and to contract

with, cities, governmental subdivisions, and agencies of the state of North Dakota and other

states of the United States, in the extension of library services.
N.D. Cent. Code § 54-51-08 — ND Code / Title 54 / Chapter 54-51 / Section 54-51-08
54-51-08. Travel expenses of employees of this state
Status: in_force

54-51-08. Travel expenses of employees of this state

A sending agency in this state may, in accordance with the travel regulations of the state,

pay the travel expenses of employees assigned to a receiving agency on either a detail or leave

basis, but may not pay the travel expenses of such employees incurred in connection with their

work assignments at the receiving agency. During the period of assignment, the sending agency

may pay a per diem allowance to the employee on assignment or detail.
N.D. Cent. Code § 54-14-03.1 — ND Code / Title 54 / Chapter 54-14 / Section 54-14-03.1
54-14-03.1. Reports to legislative management budget section
Status: in_force

54-14-03.1. Reports to legislative management budget section

The office of the budget, in the course of the preaudit of claims against the state, or in

otherwise carrying out its duties, shall note irregularities in the fiscal practices of the state and

its departments, agencies, and institutions and areas where more uniform and improved fiscal

procedures are desirable, and it shall further note expenditures and governmental activities that

it may believe to be contrary to law or to the intent of the legislative assembly. "Irregularities" as

used in this section includes the use of state funds to provide bonuses, cash incentive awards,

and temporary salary adjustments for state employees. The office of the budget shall submit a

detailed written report accompanied by adequate documentation to the budget section of the

legislative management, or any division of the budget section designated for that purpose,

setting out the irregularity, expenditure, or activity. The report must be presented at the next

scheduled meeting of the budget section following the discovery of the irregularity, expenditure,

or activity.
N.D. Cent. Code § 54-21-22 — ND Code / Title 54 / Chapter 54-21 / Section 54-21-22
54-21-22. Disposition of executive mansion
Status: in_force

54-21-22. Disposition of executive mansion

Omitted.
N.D. Cent. Code § 54-21.2-03 — ND Code / Title 54 / Chapter 54-21.2 / Section 54-21.2-03
54-21.2-03. Energy conservation standards
Status: in_force

54-21.2-03. Energy conservation standards

Standards for energy conservation in new building construction, for thermal design

conditions and criteria for buildings, and for adequate thermal resistance in regard to the design

and selection of mechanical, electrical service, and illumination systems and equipment which

will enable the effective use of energy in new buildings, must be included in the state building

code.
N.D. Cent. Code § 54-24.4-05 — ND Code / Title 54 / Chapter 54-24.4 / Section 54-24.4-05
54-24.4-05. North Dakota library coordinating council - Duties
Status: in_force

54-24.4-05. North Dakota library coordinating council - Duties

The North Dakota library coordinating council shall:

1. Assist in planning, coordinating, and evaluating the services and programs of libraries

in the state.

2. Approve the distribution of state funded grants to libraries, except for grants distributed

under chapter 54-24.2.

3. Facilitate the development of a comprehensive statewide online library catalog,

promote statewide resource sharing, and encourage electronic networking among all

types of libraries.

4. Strengthen the state library in its role of coordinating and enriching library service in

the state.

5. Support and strengthen library cooperative ventures, including consortia, regional

associations, and partnerships, in their role of extending and improving library services

in the state.

6. Promote equitable access to information resources and library services to persons

throughout the state.

7. Promote the services of libraries and librarians.

8. Take action necessary to carry out chapter 54-24.3 and this chapter.
N.D. Cent. Code § 54-21-04 — ND Code / Title 54 / Chapter 54-21 / Section 54-21-04
54-21-04. Salary, mileage, and travel expense of members of the board of administration
Status: repealed

54-21-04. Salary, mileage, and travel expense of members of the board of

administration.

Repealed by S.L. 1969, ch. 440, § 13.
N.D. Cent. Code § 54-52-17.1 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-17.1
54-52-17.1. Actuarial studies required
Status: in_force

54-52-17.1. Actuarial studies required

Before making changes in benefit levels the legislative assembly and the board shall have

an actuarial study conducted to determine the total cost of such changes.
N.D. Cent. Code § 54-27-18 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-18
54-27-18. State a preferred creditor
Status: in_force

54-27-18. State a preferred creditor

The state is a preferred creditor in all cases of payments due to the state under any

contracts.
N.D. Cent. Code § 54-44.8-03 — ND Code / Title 54 / Chapter 54-44.8 / Section 54-44.8-03
54-44.8-03. Program established - Purpose
Status: in_force

54-44.8-03. The department shall award the contract for this service to the offeror

whose proposal is the most advantageous to the state; considering price, the interests

of the communications-impaired community in having access to a high quality and

technologically advanced telecommunications system, and all other factors listed in

the request for proposals.

2. Except in cases of willful misconduct, gross negligence, or bad faith, neither the

department nor the provider of the telecommunications relay service, nor the

employees of the provider, are liable for any damages or claims for relief arising out of

or resulting from the establishment of, participation in, or operation of the

telecommunications relay service.

3. The department shall require, under the terms of the contract, that:

a. The service be available statewide for operation seven days a week, twenty-four

hours per day, including holidays, for both interstate and intrastate calls.

b. The service relay all messages promptly and accurately.

c. The service maintain the privacy of persons using the system.

d. The provider preserve the confidentiality of all telephone communications.

e. The service conform to any standards established by applicable state or federal

laws or rules.
N.D. Cent. Code § 54-07-03 — ND Code / Title 54 / Chapter 54-07 / Section 54-07-03
54-07-03. Persons acting as governor - Powers and duties
Status: in_force

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

Every provision of the laws of this state in relation to the powers and duties of the governor,

and in relation to the acts and duties to be performed by others toward the governor, extends to

the person performing for the time being the duties of governor.
N.D. Cent. Code § 54-17-35 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-35
54-17-35. Governmental public purpose - Electricity transmission export constraint priority
Status: in_force

54-17-35. Governmental public purpose - Electricity transmission export constraint

priority.

The legislative assembly finds and declares that it is an essential governmental function and

public purpose to assist with the removal of electrical transmission export constraints and to

assist with the upgrading and expansion of the region's electrical transmission grid in order to

facilitate the development of the state's abundant natural resources for export to the region's

consumers. The industrial commission shall give priority to those projects, processes, or

activities that assist with the resolution of electricity transmission export constraints in this state.
N.D. Cent. Code § 54-52.3-05 — ND Code / Title 54 / Chapter 54-52.3 / Section 54-52.3-05
54-52.3-05. Confidentiality of program records
Status: in_force

54-52.3-05. Confidentiality of program records

Any records and information pertaining to a public employee's medical and dependent care

reimbursement under the pretax benefits program are confidential and are not public records

subject to section 44-04-18 and section 6 of article XI of the Constitution of North Dakota. The

records and information may be disclosed, under rules adopted by the board, only to:

1. A person to whom the employee has given written authorization to have the

information disclosed.

2. A person legally representing the employee, upon proper proof of representation.

3. A person authorized by a court order.

4. A person or entity to which the board is required to disclose information pursuant to

federal or state statutes or regulations.

5. Any person or entity if the purpose of the disclosure is for health care treatment,

payment, or operations.
N.D. Cent. Code § 54-24.3-15 — ND Code / Title 54 / Chapter 54-24.3 / Section 54-24.3-15
54-24.3-15. Cooperative services and activities
Status: in_force

54-24.3-15. Cooperative services and activities

1. Each regional library cooperative shall include as part of its five-year plan for

development provisions for:

a. Reference services to supplement those provided by each local library, including

interlibrary reference and referral services to residents of the cooperative.

b. Interlibrary loan services on behalf of residents of the cooperative.

c. Delivery services for library materials.

d. Citation and location services for library materials.

2. Each cooperative may provide for:

a. Consultant services and shared staff expertise;

b. Cooperative or coordinated acquisition of library materials or subject

specialization programs;

c. Reciprocal borrowing between member librarians;

d. Staff development and inservice training programs;

e. Centralized ordering, cataloging, and processing of the library materials;

f. Cooperative storage of library materials and lost-copy protection programs;

g. Access to computerized literature citation and information databases;

h. Preservation of library materials programs;

i. Public relations services; and

j. Any other services not inconsistent with this section.
N.D. Cent. Code § 54-27-08 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-08
54-27-08. How moneys paid from state treasury - Warrants - When not necessary
Status: in_force

54-27-08. How moneys paid from state treasury - Warrants - When not necessary

Except as otherwise provided, moneys may be paid from the state treasury only upon the

warrant or order prepared by the office of management and budget drawn on the state

treasurer. The director of the office of management and budget shall recommend a form for

order and warrant-check of the state government which must conform, so far as consistent with

statutory requirements, to approved banking practice to facilitate handling of such instruments

by banks and other depositories. When an order and warrant-check is signed by the state

auditor, the state treasurer shall accept the order or warrant with the treasurer's signature,

making the order and warrant-check negotiable. No warrant upon the treasurer may be

delivered or mailed to the payee or the payee's agent or representative until the warrant has

been signed by the treasurer and entered on the treasurer's books as a check drawn on a bank

depository. A record must be maintained specifying upon what fund or from what apportionment

each warrant is to be paid. The state treasurer may redeem outstanding bonds or pay interest

on bonds when due without the warrant of the office of management and budget, retaining the

bond or interest coupon as a voucher for the payment until the next settlement. With respect to

electronic records and electronic signatures, the state treasurer shall utilize the services

provided by the information technology department.
N.D. Cent. Code § 54-10-01.1 — ND Code / Title 54 / Chapter 54-10 / Section 54-10-01.1
54-10-01.1. State auditor to audit emergency commission action
Status: in_force

54-10-01.1. State auditor to audit emergency commission action

The state auditor's office, in the course of its audits of state agencies, departments, and

institutions, shall review the expenditure of funds transferred or made available by the

emergency commission to such state agencies, departments, and institutions, and shall have

incorporated in the financial statements of such governmental units expenditures arising from

emergency commission action.
N.D. Cent. Code § 54-30-20 — ND Code / Title 54 / Chapter 54-30 / Section 54-30-20
54-30-20. Transfer of land covered by mortgage to state by mortgagor
Status: in_force

54-30-20. Transfer of land covered by mortgage to state by mortgagor

The Bank of North Dakota, instead of foreclosing, may take a conveyance from the owner to

the state treasurer as trustee for the state of North Dakota in payment of the mortgage covering

the land conveyed.
N.D. Cent. Code § 54-17-01 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-01
54-17-01. Industrial commission to manage industries of state and to act as a state housing finance agency
Status: in_force

54-17-01. Industrial commission to manage industries of state and to act as a state

housing finance agency.

The commission created to conduct and manage, on behalf of the state of North Dakota,

certain utilities, industries, enterprises, including housing finance programs, and business

projects established by law must be known as the industrial commission of North Dakota, but

may be designated as the industrial commission. In the creation of the industrial commission, it

is the intention of the legislative assembly that all acts of the industrial commission are the acts

of the state of North Dakota functioning in its sovereign capacity.
N.D. Cent. Code § 54-52-07 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-07
54-52-07. Governmental unit contribution is retirement contribution
Status: in_force

54-52-07. Governmental unit contribution is retirement contribution

The governmental unit contribution to a retirement plan must be considered a retirement

contribution and not an additional compensation. This applies specifically to elected and

appointed officials whose maximum annual compensation is set by statute or by state, county,

city, or school district governing bodies, boards, or commissions. The retirement contribution

may not be considered by the employee as income in computing the employee's net income for

purposes of state income tax until the moneys come under the control of the employee.
N.D. Cent. Code § 54-63.1-05 — ND Code / Title 54 / Chapter 54-63.1 / Section 54-63.1-05
54-63.1-05. Clean sustainable energy program - Powers and duties of the commission
Status: in_force

54-63.1-05. Clean sustainable energy program - Powers and duties of the

commission.

1. The commission is granted all the powers necessary to carry out the purposes of this

chapter, including the power to:

a. Provide grants, loans, or other forms of financial assistance to qualified entities

for the research, demonstration, development, and commercialization of projects,

processes, activities, and technologies that reduce environmental impacts and

use energy sources derived from within the state. Other forms of financial

assistance include venture capital investments and interest rate buydowns. The

commission must require an entity to provide assurance of financial and other

types of support that demonstrate a commitment to the project, process, activity,

or technology. The commission may develop policies for the approval of loans or

loan guarantees issued from the clean sustainable energy fund.

b. Enter into contracts or agreements to carry out the purposes of this chapter,

including contracting for the administration of the program.

c. Keep accurate records of all financial transactions performed under this chapter.

d. Cooperate with any private, local, state, or national organization to make

contracts and agreements for programs that advance the mission of the program.

e. Accept loan repayments, donations, grants, contributions, or gifts from any public

or private source to carry out the purposes of this chapter, which must be

deposited in the clean sustainable energy fund.

f. Make guidelines necessary to carry out the purposes of this chapter, including

guidelines relating to the ownership of intellectual property.

g. Borrow from the Bank of North Dakota, as authorized by the legislative assembly,

to make loans or loan guarantees under a loan program or loan guarantee

program developed by the clean sustainable energy authority.

2. The commission may acquire, purchase, hold, use, lease, license, sell, transfer, or

dispose of any interest in an asset necessary for clean sustainable energy technology

development to facilitate the production, transportation, distribution, or delivery of

clean energy commodities produced in the state as a purchases of last resort.

3. The commission shall provide administrative support to the authority for the operation

of the program, including the preparation of forms, review of applications, and ongoing

review of any contracts. The commission may contract with a public or private entity to

provide technical assistance necessary to implement the purposes of this chapter.
N.D. Cent. Code § 54-52.1-04.2 — ND Code / Title 54 / Chapter 54-52.1 / Section 54-52.1-04.2
54-52.1-04.2. Self-insurance health plan
Status: in_force

54-52.1-04.2. Self-insurance health plan

1. This section applies to a self-insurance health plan for:

a. Health insurance and prescription drug benefits coverage;

b. Health insurance benefits coverage, excluding all or part of prescription drug

benefits coverage; or

c. All or part of prescription drug benefits coverage.

2. Except for prescription drug coverage under subdivision c of subsection 1, a

self-insurance health plan established by the board under this section must be

provided under an administrative services only (ASO) contract or a third-party

administrator (TPA) contract under the uniform group insurance program. The board

may not establish a self-insurance health plan unless the board determines the self-

insurance health plan best serves the interests of the state and the state's eligible

employees. If the board determines it is in the best interest of the plan, individual

stop-loss coverage insured by a carrier authorized to do business in this state may be

made part of a self-insurance health plan.
N.D. Cent. Code § 54-06-21 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-21
54-06-21. Public employee personnel records - Administration - Access
Status: in_force

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

The official personnel file on each employee is the file maintained under the supervision of

the agency head or the agency head's designated representative.

1. No documents that address an employee's character or performance may be placed in

the file unless the employee has had the opportunity to read the material. The

employee must acknowledge that the employee has read the material by signing the

actual copy to be filed or an attachment to the actual copy to be filed, with the

understanding that the signature merely signifies that the employee has read the

material to be filed and does not necessarily indicate agreement with its content. If the

employee refuses to sign the copy to be filed, the agency head or the agency head's

designated representative shall indicate on the copy that the employee was shown the

material, was requested to sign the material to verify that the material had been read,

and that the employee refused to sign the copy to be filed. In the presence of the

employee and a witness, the agency head or the agency head's designated

representative shall sign and date a statement verifying the refusal of the employee to

sign the copy to be filed. The material must then be placed in the file.

2. The employee has the right to answer any material filed and any answer must be

attached to the file copy. The employee's answer to material filed may not be used as

the basis for any subsequent adverse personnel action. If any material is found to be

without merit or unfounded through an established grievance procedure, it must be

immediately removed from the file and may not be used in any subsequent actions or

proceedings against the employee.

3. The employee or the employee's designated representative must be permitted to

examine the employee's official personnel file by appointment during normal business

hours.

4. No anonymous letters or materials may be placed in the employee's file.

5. The employee must be permitted to reproduce at the employee's expense any material

in the employee's file.

6. An employee may file a grievance regarding nonevaluation material placed in the

employee's personnel file. A grievance is limited to an internal agency grievance

unless such material is merged into a disciplinary proceeding.

7. This section does not prohibit administrators from maintaining written notes or records

of an employee's performance separate from the personnel file for the purpose of

preparing evaluations or possible disciplinary action.

8. Administrators are encouraged to place in the employee's file information of a positive

nature, including any such material received from outside competent and responsible

sources, indicating special competencies, achievements, performances, or

contributions of a professional or civic nature.

Except when the employing agency inserts only salary, insurance, medical, tax, workforce

safety and insurance, pretax benefits, or deferred compensation information or employment

forms, a record of access must be maintained by the employing agency and must be provided

to the employee when the employee examines the employee's file. As used in this section, the

term "public employee" means any person employed by the state and does not include persons

employed by any political subdivision of the state.
N.D. Cent. Code § 54-03-02 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-02
54-03-02. When legislative assembly meets
Status: in_force

54-03-02. When legislative assembly meets

1. The legislative assembly shall meet at the seat of government in the month of

December following the election of the members thereof for organizational and

orientation purposes and shall thereafter recess until the time provided in

subsection 2.

2. The legislative assembly shall reconvene at twelve noon on the first Tuesday after the

third day in January of the year following the organizational session as provided in

subsection 1 or at twelve noon on a date selected by the legislative management but

not earlier than January second nor later than January eleventh of the year following

the organizational session and, following the close of business of the regular session,

shall adjourn subject to subsection 3.

3. Notwithstanding a motion to adjourn sine die, the legislative assembly shall reconvene

as determined by the legislative management. The number of natural days used may

not exceed the number of natural days available under the constitution which have not

been previously used by that legislative assembly in regular session under

subsection 2.
N.D. Cent. Code § 54-11-08 — ND Code / Title 54 / Chapter 54-11 / Section 54-11-08
54-11-08. State bonds - Registration
Status: repealed

54-11-08. State bonds - Registration

Repealed by S.L. 2009, ch. 467, § 1.
N.D. Cent. Code § 54-30-12 — ND Code / Title 54 / Chapter 54-30 / Section 54-30-12
54-30-12. Bank of North Dakota to furnish state treasurer with record of payments and balance due on all mortgages
Status: in_force

54-30-12. Bank of North Dakota to furnish state treasurer with record of payments

and balance due on all mortgages.

The Bank shall certify to the state treasurer, from time to time, a list of obligations and

mortgages delivered to the state treasurer under this chapter showing the payments made and

amounts remaining unpaid.
N.D. Cent. Code § 54-12-27.1 — ND Code / Title 54 / Chapter 54-12 / Section 54-12-27.1
54-12-27.1. Twenty-four seven sobriety program - Partial suspension for treatment court program participants
Status: in_force

54-12-27.1. Twenty-four seven sobriety program - Partial suspension for treatment

court program participants.

1. For purposes of this section, "approved treatment court program" means a district

court-supervised treatment program approved by the supreme court.

2. A district court may suspend any ordered period of participation in the twenty-four

seven sobriety program, including mandatory participation required by law, for an

offender participating in an approved treatment court program while under supervised

probation with the department of corrections and rehabilitation.

3. A district court suspending participation in the twenty-four seven sobriety program shall

issue a certificate of waiver of twenty-four seven sobriety program participation.

4. For purposes of issuance of a temporary restricted operator's license under section

39-06.1-11, the director of the department of transportation shall treat a court

certificate of waiver of twenty-four seven sobriety program participation as if the

offender was participating in the twenty-four seven sobriety program.
N.D. Cent. Code § 54-59-24 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-24
54-59-24. Borrowing authority - E-rate funding - Emergency commission approval
Status: in_force

54-59-24. Borrowing authority - E-rate funding - Emergency commission approval

Notwithstanding the limitations provided in section 54-59-05 and upon the approval of the

emergency commission, the department may borrow from the Bank of North Dakota an amount

necessary to pay telecommunications costs for connecting approved schools and libraries in the

event e-rate funding is not received by the department from the schools and libraries division of

the universal service administrative company. In addition to the principal repayment, the Bank of

North Dakota is entitled to receive interest on the loan at a rate equal to other state agency

borrowings. If at the end of the biennium a balance exists on any loan obtained pursuant to this

section and funds are not anticipated to be available from the schools and libraries division of

the universal service administrative company to repay the loan, the department shall request a

deficiency appropriation from the legislative assembly to repay the loan.
N.D. Cent. Code § 54-24.3-12 — ND Code / Title 54 / Chapter 54-24.3 / Section 54-24.3-12
54-24.3-12. Withdrawal of membership
Status: in_force

54-24.3-12. Withdrawal of membership

To discontinue participation in a regional library cooperative, a library cooperative member

shall give, in advance, a one-year written notice to the board of the cooperative and the North

Dakota library coordinating council. No member may withdraw unless it has been a participant

in the regional library cooperative for at least two years at the time of termination. The

withdrawing member shall return all property of the regional library cooperative.
N.D. Cent. Code § 54-01-06 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-06
54-01-06. Jurisdiction over property in state - Limitations
Status: in_force

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

The sovereignty and jurisdiction of this state extend to all places within its boundaries as

established by the constitution, but the extent of such jurisdiction over places that have been or

may be ceded to, or purchased or condemned by, the United States, is qualified by the terms of

such cession or the laws under which such purchase or condemnation has been or may be

made.
N.D. Cent. Code § 54-10-20 — ND Code / Title 54 / Chapter 54-10 / Section 54-10-20
54-10-20. Special state auditor
Status: repealed

54-10-20. Special state auditor

Repealed by S.L. 2021, ch. 396, § 1.
N.D. Cent. Code § 54-45-03 — ND Code / Title 54 / Chapter 54-45 / Section 54-45-03
54-45-03. Expenditure of funds - Limitation
Status: in_force

54-45-03. Expenditure of funds - Limitation

The commanding officer, North Dakota wing, civil air patrol, may expend appropriated grant

funds as administered by the adjutant general. A report of expenditure of grant funds must be

issued to the adjutant general annually. A general fund grant line item must be appropriated

within the adjutant general's budget. These funds may be expended to support the mission of

the civil air patrol as determined by the commanding officer. No funds may be expended for

uniforms or personal equipment of any member of the civil air patrol. All state equipment on

inventory with the civil air patrol on July 7, 1991, and related to the mission of the civil air patrol

must be transferred to the North Dakota wing of the civil air patrol.
N.D. Cent. Code § 54-06-09.1 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-09.1
54-06-09.1. Certification of unlawful expense and traveling account - Penalty - Action for violation
Status: repealed

54-06-09.1. Certification of unlawful expense and traveling account - Penalty - Action

for violation.

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 54-03-01.9 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-01.9
54-03-01.9. Legislative redistricting
Status: repealed

54-03-01.9. Legislative redistricting

Repealed by S.L. 2001, ch. 691, § 5.
N.D. Cent. Code § 54-01-14 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-14
54-01-14. Lease of land to northern great plains dairy station - When to terminate
Status: in_force

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

The lease of all of section nine in township one hundred thirty-eight north, range eighty-one

west of the fifth principal meridian in Morton County, North Dakota to the United States northern

great plains dairy station for a term of ninety-nine years as provided by chapter 28 of the 1929

Session Laws, terminates if the land ceases to be used for experimental dairy uses and

purposes and if the lessee ceases to maintain its experimental dairy station as now located in

Morton County, North Dakota.
N.D. Cent. Code § 54-17-20 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-20
54-17-20. Bonds issued by commission
Status: in_force

54-17-20. Bonds issued by commission

The industrial commission shall procure the necessary funds for utilities, industries,

enterprises, and business projects under its control by negotiating the bonds of the state of

North Dakota in such amounts and in such manner as may be provided by law.
N.D. Cent. Code § 54-44.8-09 — ND Code / Title 54 / Chapter 54-44.8 / Section 54-44.8-09
54-44.8-09. Records - Audit
Status: in_force

54-44.8-09. Records - Audit

Each local exchange company or radio communications service provider shall maintain a

record of the surcharges billed and collected pursuant to section 54-44.8-08 for a period of three

years from the date of billing or collection, respectively. The commission may audit each local

exchange company's or radio communications service provider's records to assure compliance

with this chapter.
N.D. Cent. Code § 54-01-28 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-28
54-01-28. Northern plains national heritage area - Use of state funds and property prohibited unless approved by legislative assembly
Status: in_force

54-01-28. Northern plains national heritage area - Use of state funds and property

prohibited unless approved by legislative assembly.

State funds may not be expended or transferred from state agencies to match federal

moneys for the northern plains national heritage area or any similar or successor designated

areas without the approval of the legislative assembly. State lands, water, property, or facilities

may not be included in the designated northern plains national heritage area or any similar or

successor designated areas without the approval of the legislative assembly. No further lands,

water, property, or facilities may be designated as heritage areas within this state without the

approval of the legislative assembly.
N.D. Cent. Code § 54-64-05 — ND Code / Title 54 / Chapter 54-64 / Section 54-64-05
54-64-05. Withdrawal - Matching - Permissible uses
Status: in_force

54-64-05. Withdrawal - Matching - Permissible uses

1. To receive a match, a participating household must transfer funds withdrawn from the

household's individual development account to the household's matching fund

custodial account held by the community action agency, according to the individual

development account agreement. The community action agency shall determine if the

participating household's match request is for a permissible use consistent with the

household's individual development account agreement.

2. At least quarterly and at the time of an approved withdrawal, the community action

agency shall ensure the household's custodial account contains the applicable

matching funds to match the balance in the household's individual development

account, not including interest.

3. Matches must be provided as follows:

a. From matching funding provided under this chapter, a matching contribution of no

more than one dollar for every one dollar of funds withdrawn from the

household's individual development account, not to exceed a lifetime limit of two

thousand dollars; and

b. From nonstate funds, a matching contribution of no less than one dollar for every

one dollar of funds withdrawn from the household's individual development

account, not to exceed a lifetime limit of two thousand dollars.

4. Upon receipt of transferred custodial account funds, the community action agency

shall make a direct payment to the vendor of the goods or services for the permissible

use.
N.D. Cent. Code § 54-17.4-10 — ND Code / Title 54 / Chapter 54-17.4 / Section 54-17.4-10
54-17.4-10. State geologist - Purchase and sale of maps - Appropriation
Status: in_force

54-17.4-10. State geologist - Purchase and sale of maps - Appropriation

The state geologist is authorized to purchase cartographic products from the federal

government for the purpose of reselling the products to the public at a fee set by the state

geologist. All moneys collected from the sale of the products must be deposited in the

cartographic products fund. This fund must be maintained as a special fund and all moneys

transferred into the fund are hereby appropriated and must be used and disbursed solely for the

purpose of paying the state geologist's cost of purchasing and reselling the products.
N.D. Cent. Code § 54-52.2-08 — ND Code / Title 54 / Chapter 54-52.2 / Section 54-52.2-08
54-52.2-08. Employer contribution
Status: in_force

54-52.2-08. Employer contribution

Employer contributions to the deferred compensation program established under this

chapter are authorized as permitted under the Internal Revenue Code.
N.D. Cent. Code § 54-18-12 — ND Code / Title 54 / Chapter 54-18 / Section 54-18-12
54-18-12. Civil actions on association transactions - Names of parties - Service - Venue - Statement filing provisions inapplicable
Status: in_force

54-18-12. Civil actions on association transactions - Names of parties - Service -

Venue - Statement filing provisions inapplicable.

Civil actions may be brought against the state of North Dakota on account of claims for

relief claimed to have arisen out of transactions connected with the operation of the association

upon compliance with this section. In such actions the state must be designated as the state of

North Dakota, doing business as North Dakota mill and elevator association, and the service of

process therein must be made upon the manager of the association. Such actions must be

brought in the county where the association has its principal place of business, except as

provided in sections 28-04-01 through 28-04-04 and 28-04-07. Section 54-14-04 does not apply

to claims against the state affected by this section.
N.D. Cent. Code § 54-18-03 — ND Code / Title 54 / Chapter 54-18 / Section 54-18-03
54-18-03. Industrial commission to operate association - Place of business - Rules made by commission
Status: in_force

54-18-03. Industrial commission to operate association - Place of business - Rules

made by commission.

The industrial commission shall:

1. Operate, manage, and control the association.

2. Locate and maintain its places of business of which the principal place must be within

the state.

3. Make and enforce orders, rules, regulations, and bylaws for the transaction of its

business.
N.D. Cent. Code § 54-44.3-30 — ND Code / Title 54 / Chapter 54-44.3 / Section 54-44.3-30
54-44.3-30. Agencies subject to merit system
Status: in_force

54-44.3-30. Agencies subject to merit system

All personnel employed by the department of health and human services, the regional

offices of that department, job service North Dakota, North Dakota human resource

management services, department of environmental quality, and other agencies or political

subdivisions as may by federal law or rule be required to be subject to a merit system in order to

obtain federal grants-in-aid are covered by the merit system provided in this chapter. Merit

system coverage must also be provided to personnel employed as purchasing agents or buyers

in the purchasing division of the office of management and budget. Other agencies,

departments, or divisions and positions must be placed under a merit system in the manner and

to the extent required by law.
N.D. Cent. Code § 54-52-02.4 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-02.4
54-52-02.4. Participation by certain employees - Requirements
Status: repealed

54-52-02.4. Participation by certain employees - Requirements

Repealed by S.L. 1987, ch. 651, § 1.
N.D. Cent. Code § 54-24-02 — ND Code / Title 54 / Chapter 54-24 / Section 54-24-02
54-24-02. Library offices
Status: in_force

54-24-02. Library offices

The state library must be furnished with adequate office room, with such suitable quarters

as may be necessary for the proper shelving of its library materials.
N.D. Cent. Code § 54-23.3-13 — ND Code / Title 54 / Chapter 54-23.3 / Section 54-23.3-13
54-23.3-13. Job shadowing
Status: in_force

54-23.3-13. Job shadowing

For purposes of education and community outreach and to promote public trust, the director

of the department of corrections and rehabilitation may permit a nonmember of the department

of corrections and rehabilitation to participate in job shadowing activities, including:

1. Participating in a ride-along program with a member of the department of corrections

and rehabilitation while on duty;

2. Discharging a firearm owned and used by the department of corrections and

rehabilitation while at a training facility and under the supervision of a member of the

department of corrections and rehabilitation; and

3. Shadowing any member of the department of corrections and rehabilitation while on

duty.
N.D. Cent. Code § 54-03-02.1 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-02.1
54-03-02.1. Definitions
Status: in_force

54-03-02.1. Definitions

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

1. "Organizational session" means the meeting of the legislative assembly for

organizational and orientation purposes held during the month of December in the

even-numbered years.

2. "Regular session" means the legislative session commencing in January of the

odd-numbered years and includes any reconvened legislative session, as provided in

section 54-03-02.
N.D. Cent. Code § 54-03-01.10 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-01.10
54-03-01.10. Staggering of terms of representatives
Status: repealed

54-03-01.10. Staggering of terms of representatives

Repealed by S.L. 2011, ch. 582, § 3.
N.D. Cent. Code § 54-09-02.1 — ND Code / Title 54 / Chapter 54-09 / Section 54-09-02.1
54-09-02.1. Secretary of state - Certificates and certified copies to be received in evidence
Status: in_force

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

evidence.

1. All certificates issued by the secretary of state and all copies of records filed in

accordance with this chapter or any other chapter, when certified by the secretary of

state, may be taken and received in all courts, public offices, and official bodies as

evidence of the facts stated.

2. A certificate by the secretary of state under the great seal of this state, as to the

existence or nonexistence of the facts relating to records filed by the secretary of state

in accordance with this chapter or any other chapter which would not appear from a

certified copy of any of the foregoing records or certificates, may be taken and

received in all courts, public offices, and official bodies as evidence of the existence or

nonexistence of the facts stated.

3. Any certificate or certified copy issued by the secretary of state under this section may

be created and disseminated as an electronic record with the same force and effect as

if produced in a paper form.
N.D. Cent. Code § 54-10-27 — ND Code / Title 54 / Chapter 54-10 / Section 54-10-27
54-10-27. Occupational and professional boards - Audits and reports
Status: in_force

54-10-27. Occupational and professional boards - Audits and reports

The governing board of any occupational or professional board shall provide for an audit

once every two years by a certified public accountant or licensed public accountant. The

accountant conducting the audit shall submit the audit report to the state auditor's office. If the

report is in the form and style prescribed by the state auditor, the state auditor may not audit that

board. An occupational or professional board may request the state auditor to conduct its audit,

and if the state auditor agrees to conduct the audit, the state auditor shall deposit the fees

charged to the occupational or professional board into the state auditor operating account.

Instead of providing for an audit every two years, an occupational or professional board that has

less than two million dollars of annual receipts may submit an annual report to the state auditor.

The report must contain the information required by the state auditor. The state auditor also may

make any additional examination or audit determined necessary in addition to the annual report.

When a report is not filed, the state auditor may charge the occupational or professional board

an amount equal to the fair value of the additional examination or audit and any other services

rendered. The state auditor may charge an occupational or professional board a fee not to

exceed ninety dollars an hour for the costs of reviewing the annual report.
N.D. Cent. Code § 54-17-31 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-31
54-17-31. Establishment and maintenance of adequate guarantee funds - Use of lands and minerals trust - Appropriation
Status: repealed

54-17-31. Establishment and maintenance of adequate guarantee funds - Use of lands

and minerals trust - Appropriation.

Repealed by S.L. 1983, ch. 126, § 2.
N.D. Cent. Code § 54-24.1-03 — ND Code / Title 54 / Chapter 54-24.1 / Section 54-24.1-03
54-24.1-03. Definition
Status: in_force

54-24.1-03. Definition

As used in the compact, "state library agency", with reference to this state, means the state

library.
N.D. Cent. Code § 54-12-28.1 — ND Code / Title 54 / Chapter 54-12 / Section 54-12-28.1
54-12-28.1. Law enforcement acceptance of department of transportation action
Status: in_force

54-12-28.1. Law enforcement acceptance of department of transportation action

A law enforcement agency shall accept, the same as if ordered by the court, an individual

as part of the twenty-four seven program if the individual provides documentation that the

individual will be issued a temporary restricted license by the department of transportation which

is conditioned on participation in the twenty-four seven program.
N.D. Cent. Code § 54-18-10 — ND Code / Title 54 / Chapter 54-18 / Section 54-18-10
54-18-10. Industrial commission to fix price of things bought and sold by association
Status: in_force

54-18-10. Industrial commission to fix price of things bought and sold by association

The industrial commission shall fix the buying price of all things bought, and the selling price

of all things sold, incidental to the operation of the association, and shall fix all charges for any

and all services rendered by the association. In fixing these prices, while all services are to be

rendered, as near as may be, at cost, there must be taken into consideration, in addition to

other necessary costs, a reasonable charge for depreciation of all property, all overhead

expenses, and a reasonable surplus, together with all amounts required for the repayment, with

interest, of funds received from the state.
N.D. Cent. Code § 54-35-12 — ND Code / Title 54 / Chapter 54-35 / Section 54-35-12
54-35-12. Legislative budget analyst and auditor
Status: in_force

54-35-12. Legislative budget analyst and auditor

The legislative management shall appoint a legislative budget analyst and auditor. A person

is not eligible for the appointment unless the person holds a baccalaureate degree from a

recognized institution of higher learning, is a certified public accountant, or has had five years'

experience in government accounting. The appointment of the legislative auditor must be based

upon qualifications of eligible persons without reference to partisan politics. The salary of the

legislative budget analyst and auditor must be determined by the legislative council and it may

employ additional persons as necessary to carry out sections 54-35-12 through 54-35-14.
N.D. Cent. Code § 54-27-06 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-06
54-27-06. State treasurer to notify county treasurer of amount due state for taxes collected
Status: repealed

54-27-06. State treasurer to notify county treasurer of amount due state for taxes

collected.

Repealed by S.L. 1967, ch. 390, § 2.
N.D. Cent. Code § 54-12-24 — ND Code / Title 54 / Chapter 54-12 / Section 54-12-24
54-12-24. State crime laboratory division
Status: in_force

54-12-24. State crime laboratory division

1. A state crime laboratory is created as a division of the office of the attorney general.

This division consists of a director, the state toxicologist, and such other personnel as

may be appointed by the attorney general. The state crime laboratory may establish

and charge fees for services rendered. The state crime laboratory must be

administratively separated from the bureau of criminal investigation. The director is

entitled to receive a salary set by the attorney general within the limits of legislative

appropriation.

2. The state crime laboratory shall employ the services of a qualified toxicologist who

must be the state toxicologist. The attorney general shall appoint the state toxicologist.

The attorney general may appoint such qualified deputy state toxicologists as may be

necessary to exercise the authority and responsibility prescribed by law for the state

toxicologist. The results of toxicological or chemical testing or analysis, other than

provided for in section 39-20-13, made by the state toxicologist at the request of law

enforcement agencies for criminal investigation may not be disclosed directly or

indirectly by the state toxicologist or any agent or employee of the attorney general to

anyone other than the person or agency requesting the test or analysis or to any other

person upon whom the toxicological or chemical test was performed or the person's

authorized representative, except the state toxicologist may permit the inspection of

the reports of any such test or analysis results by any other person having a proper

interest therein as determined by the director of the state crime laboratory.

3. Upon the request of the state forensic examiner, any state's attorney, sheriff, chief of

police, coroner, or other local, state, or federal law enforcement official, the attorney

general may make available to the requesting official the state crime laboratory's

facilities and personnel to assist in the investigation or detection of crimes and the

apprehension or prosecution of criminals.
N.D. Cent. Code § 54-06-31 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-31
54-06-31. State employee recruitment and retention bonus programs - Criteria - Limitations
Status: in_force

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

Limitations.

State agencies may develop programs to provide bonuses to recruit or retain employees in

hard-to-fill occupations.

1. State agencies may pay recruitment and retention bonuses under this section only if:

a. The agency has a written policy in place identifying eligible positions or

occupations and provisions for providing and receiving bonuses;

b. The agency has filed a copy of the written policy with the North Dakota human

resource management services; and

c. The agency reports to the North Dakota human resource management services

each bonus provided to an employee under the program.

2. State agencies must fund bonus programs from within the agency salaries and wages

budget.

3. The North Dakota human resource management services shall report periodically to

the legislative management on the implementation, progress, and bonuses provided

under agency recruitment and retention bonus programs.

4. Bonuses paid under this section are not fiscal irregularities under section 54-14-03.1.

5. As used in this section, a hard-to-fill occupation includes an occupation or position in

which demand exceeds supply, special qualifications are required, competition with

other employers is the strongest, there is a risk of losing an incumbent with rare skills,

the position is filled by a highly skilled employee who is in high demand in the

marketplace, loss of the employee would result in significant replacement costs, the

position is filled by key personnel, or the position has other unique recruitment or

retention issues identified and documented by the appointing authority.
N.D. Cent. Code § 54-03.2-09 — ND Code / Title 54 / Chapter 54-03.2 / Section 54-03.2-09
54-03.2-09. Notice to witnesses
Status: in_force

54-03.2-09. Notice to witnesses

Service of a subpoena requiring the attendance of a person at a hearing of an investigating

committee must be made in the manner provided by law for the service of subpoenas in civil

actions at least seven days prior to the date of the hearing unless a shorter period of time is

authorized by majority vote of all of the members of the committee in a particular instance when,

in their opinion, the giving of seven days' notice is not practicable; but if a shorter period of time

is authorized, the person subpoenaed must be given reasonable notice of the hearing,

consistent with the particular circumstances involved.

Any person who is served with a subpoena to attend a hearing of an investigating

committee also must be served with a copy of the motion, resolution, or statute establishing or

authorizing creation of the committee, a general statement informing the person of the subject

matter of the committee's investigation or inquiry, and a notice that the person may be

accompanied at the hearing by counsel of the person's own choosing.
N.D. Cent. Code § 54-52-17.11 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-17.11
54-52-17.11. Judges postretirement adjustments
Status: in_force

54-52-17.11. Judges postretirement adjustments

A supreme or district court judge or that person's beneficiary who, on December 31, 2007, is

receiving retirement benefits under subdivision b of subsection 4 of section 54-52-17, is entitled

to receive an increase in benefits equal to two percent of the individual's present benefits with

the increase payable beginning January 1, 2008. A supreme or district court judge or that

person's beneficiary who, on December 31, 2008, is receiving retirement benefits under

subdivision b of subsection 4 of section 54-52-17, is entitled to receive an increase in benefits

equal to two percent of the individual's present benefits with the increase payable beginning

January 1, 2009. The increases allowed by this section may only be given if the public

employees retirement board determines there is actuarial margin sufficient to pay the increases.
N.D. Cent. Code § 54-23.4-08 — ND Code / Title 54 / Chapter 54-23.4 / Section 54-23.4-08
54-23.4-08. Evidence of physical condition
Status: in_force

54-23.4-08. Evidence of physical condition

1. There is no privilege, except privileges arising from the attorney-client relationship, as

to communications or records relevant to an issue of the physical, mental, or emotional

condition of the victim in a proceeding under this chapter in which that condition is an

element.

2. If the mental, physical, or emotional condition of a claimant is material to a claim, the

division may order the claimant to submit to a mental or physical examination by a

doctor or psychologist, and may order an autopsy of a deceased victim. The order may

be made for good cause shown upon notice to the person to be examined and to all

persons who have appeared. The order must specify the time, place, manner,

conditions, and scope of the examination or autopsy and the person by whom it is to

be made, and must require the person who performs the examination to file with the

division a detailed written report of the examination or autopsy. The report must set out

the examining person's findings, including results of all tests made, diagnoses,

prognoses, and other conclusions and reports of earlier examinations of the same

conditions.

3. On request of the person examined, the division shall furnish that person with a copy

of the examination report. If a deceased victim is autopsied, the division, on request,

shall furnish the claimant a copy of the autopsy report.

4. The division may require the claimant to supplement the application with any

reasonably available medical or psychological reports relating to the injury for which

compensation is claimed.
N.D. Cent. Code § 54-52.1-01 — ND Code / Title 54 / Chapter 54-52.1 / Section 54-52.1-01
54-52.1-01. Definitions
Status: in_force

54-52.1-01. Definitions

As used in this chapter, unless the context otherwise requires:

1. "Board" means the public employees retirement board.

2. "Carrier" means:

a. For the hospital benefits coverage, an insurance company authorized to do

business in the state, or a nonprofit hospital service association, or a prepaid

group practice hospital care plan authorized to do business in the state, or the

state if a self-insurance health plan is used for providing hospital benefits

coverage.

b. For the medical benefits coverage, an insurance company authorized to do

business in the state, or a nonprofit medical service association, or a prepaid

group practice medical care plan authorized to do business in the state, or the

state if a self-insurance health plan is used for providing medical benefits

coverage.

c. For the life insurance benefits coverage, an insurance company authorized to do

business in the state.

3. "Department, board, or agency" means the departments, boards, agencies, or

associations of this state. The term includes the state's charitable, penal, and higher

educational institutions; the Bank of North Dakota; the state mill and elevator

association; and counties, cities, district health units, and school districts.

4. "Eligible employee" means every permanent employee who is employed by a

governmental unit, as that term is defined in section 54-52-01. "Eligible employee"

includes members of the legislative assembly, judges of the supreme court, paid

members of state or political subdivision boards, commissions, or associations,

full-time employees of political subdivisions, elective state officers as defined by

section 54-06-01, and disabled permanent employees who are receiving

compensation from the North Dakota workforce safety and insurance fund. As used in

this subsection, "permanent employee" means one whose services are not limited in

duration, who is filling an approved and regularly funded position in a governmental

unit, and who is employed at least seventeen and one-half hours per week and at least

five months each year or for those first employed after August 1, 2003, is employed at

least twenty hours per week and at least twenty weeks each year of employment. For

purposes of sections 54-52.1-04.1, 54-52.1-04.7, 54-52.1-04.8, and 54-52.1-11,

"eligible employee" includes retired and terminated employees who remain eligible to

participate in the uniform group insurance program pursuant to applicable state or

federal law.

5. "Health insurance benefits coverage" means hospital benefits coverage or medical

benefits coverage, or both.

6. "Health maintenance organization" means an organization certified to establish and

operate a health maintenance organization in compliance with chapter 26.1-18.1.

7. "Hospital benefits coverage" means a plan that either provides coverage for, or pays,

or reimburses expenses for hospital services incurred in accordance with the uniform

contract.

8. "Life insurance benefits coverage" means a plan that provides both term life insurance

and accidental death and dismemberment insurance in amounts determined by the

board, with a minimum of one thousand dollars provided for the term life insurance

portion of the coverage.

9. "Medical benefits coverage" means a plan that either provides coverage for, or pays,

or reimburses expenses for medical services in accordance with the uniform contract.

10. "Member contribution" means the payment by the member into the retiree health

benefits fund pursuant to sections 54-52-02.9 and 54-52-17.4.

11. "Member's account balance" means the member's contributions plus interest at the

rate set by the board.

12. "Self-insurance health plan" means a plan of self-insurance providing health insurance

benefits coverage under section 54-52.1-04.2.

13. "Temporary employee" means a governmental unit employee who is not filling an

approved and regularly funded position in an eligible governmental unit and whose

services may or may not be limited in duration.
N.D. Cent. Code § 54-52-04 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-04
54-52-04. Board authority
Status: in_force

54-52-04. Board authority

1. The board shall adopt rules necessary to implement this chapter, and to manage the

system, subject to the limitations of this chapter. The board has the powers and

privileges of a corporation, including the right to sue and be sued in its own name as

the board. The venue of all actions in which the board is a party must be Burleigh

County, North Dakota.

2. The board shall appoint an executive director to serve at its discretion. The executive

director shall perform such duties as assigned by the board.

3. The board shall authorize the creation of whatever staff it deems necessary for sound

and economical administration of the system. The executive director shall hire the

staff, subject to the approval of the board.

4. The board shall arrange for actuarial and medical advisers for the system. The board

shall cause a qualified, competent actuary to be retained on a consulting basis. The

actuary shall make an annual valuation of the liabilities and reserves of the system and

a determination of the contributions required by the system to discharge its liabilities

and pay the administrative costs under this chapter, and to recommend to the board

rates of employer and employee contributions required, based upon the entry age

normal cost method, to maintain the system on an actuarial reserve basis; once every

five years make a general investigation of the actuarial experience under the system

including mortality, retirement, employment turnover, and other items required by the

board, and recommend actuarial tables for use in valuations and in calculating

actuarial equivalent values based on such investigation; and perform other duties as

may be assigned by the board.

5. The state shall provide the board with the retirement systems office or offices to be

used for the meetings of the board and for the general purposes of the administrative

personnel.

6. The funds necessary for paying prior service and service benefits, consultant fees, and

making withdrawal payments and refunds are hereby appropriated from the retirement

fund for those purposes. The amount necessary to pay the consulting fees and

insurance benefits related to the uniform group insurance program is hereby

appropriated from the insurance premiums received by the board.

7. The board shall administer chapters 39-03.1, 54-52.1, and 54-52.2, and may

administer other optional employee benefit programs, including a flexible benefits plan,

an optional employee short-term disability plan, a long-term care plan, or other

optional employee benefit programs as the board deems appropriate. The board shall

also administer the retirement plan established in 1961 and frozen to new entrants in

1980 for employees of job service North Dakota under chapter 52-11.

8. The board shall annually report the investment performance of the fund and distribute

a copy to each participant.

9. The board may distribute the employer contribution and applicable interest for any

employee of any development foundation associated with a public institution of higher

education in this state who may previously have been included in the public

employees retirement system while employed by such foundation. Such employee is

entitled to have that employee's contribution and the contribution of the development

foundation, with interest.

10. The board may audit any books, papers, accounts, bills, vouchers, and other

documents or property of any and all departments, boards, commissions, political

subdivisions, financial institutions, contractors, health care organizations, and

consultants relating to their participation in services provided to programs administered

by the board.

11. The board shall fund the administrative expenses of chapter 54-52.2 from funds

collected under chapters 54-52, 54-52.1, and 54-52.3 and from fines and fees

collected from deferred compensation services providers, including any fees paid for

by participant funds, subject to appropriation by the legislative assembly.

12. Except as provided by section 54-52-17.7, the board may adjust service and make any

correction of member, retiree, or beneficiary records and benefits after an error or

inequity has been determined.

13. The board may use any amount credited to the separate uniform group insurance

program fund created by section 54-52.1-06 in excess of the costs of administration of

the uniform group insurance program to reduce the amount of premium amounts paid

monthly by enrolled members of the uniform group insurance program, to reduce any

increase in premium amounts paid monthly by enrolled members, or to provide

increased insurance coverage to the members, as the board may determine.

14. The board may create and implement an Internal Revenue Code section 115 trust

health care savings plan for all supreme and district court judges participating in the

public employees retirement system if seventy-five percent of the total active

participating supreme and district court judges vote to approve the program. If

approved, the contribution level specified in the vote applies to all current and future

participating supreme and district court judges and must be paid pursuant to the plan

document developed by the board. The contribution level may only be changed by a

vote of seventy-five percent of the total active participating supreme and district court

judges at that time.

15. The board shall establish policies and implement procedures to make and collect

payments in the most cost-effective manner, including the use of electronic transfer of

funds.
N.D. Cent. Code § 54-12-30 — ND Code / Title 54 / Chapter 54-12 / Section 54-12-30
54-12-30. Twenty-four seven sobriety program fees
Status: in_force

54-12-30. Twenty-four seven sobriety program fees

A criminal justice agency may collect program fees from offenders participating in the

twenty-four seven sobriety program, including fees for twice per day breath alcohol testing, urine

testing, drug patch testing, installation and deactivation fees for remote electronic alcohol

monitoring devices, and remote electronic alcohol monitoring daily fees. The criminal justice

agency shall pay all program fees into the general fund of the governing body. The fees may

only be applied to twenty-four seven sobriety program support services, equipment

maintenance and replacement, and compliance with the program. The governing body shall pay

any daily fees collected for remote electronic alcohol monitoring to the twenty-four seven

sobriety program fund.
N.D. Cent. Code § 54-02-18 — ND Code / Title 54 / Chapter 54-02 / Section 54-02-18
54-02-18. State Latin motto
Status: in_force

54-02-18. State Latin motto

"Serit ut alteri saeclo prosit" is the North Dakota state Latin motto. "One sows for the benefit

of another age" is the English translation.
N.D. Cent. Code § 54-17.2-04 — ND Code / Title 54 / Chapter 54-17.2 / Section 54-17.2-04
54-17.2-04. Purpose of commission
Status: in_force

54-17.2-04. Purpose of commission

The public purpose of the commission is to promote the general welfare of the citizens of

this state by providing financing for projects for use primarily by the state.
N.D. Cent. Code § 54-59-37 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-37
54-59-37. Statewide longitudinal data system - Continuing appropriation
Status: in_force

54-59-37. Statewide longitudinal data system - Continuing appropriation

The department may solicit and receive gifts, grants, and donations from public and private

sources. Any moneys received in accordance with this section are appropriated on a continuing

basis for the support of the statewide longitudinal data system.
N.D. Cent. Code § 54-36-05 — ND Code / Title 54 / Chapter 54-36 / Section 54-36-05
54-36-05. Meetings - Quorum
Status: in_force

54-36-05. Meetings - Quorum

At any meeting of the commission a majority of the members constitutes a quorum and a

majority of the quorum may act in any matter falling within the jurisdiction of the commission.
N.D. Cent. Code § 54-44.1-12.1 — ND Code / Title 54 / Chapter 54-44.1 / Section 54-44.1-12.1
54-44.1-12.1. Implementation of legislative intent - Legislative objection to execution of budget - Effect of objection
Status: in_force

54-44.1-12.1. Implementation of legislative intent - Legislative objection to execution

of budget - Effect of objection.

1. The budget section of the legislative management may object to any allotment made

under section 54-44.1-12, any expenditure of a budget unit, or any failure to make an

allotment or expenditure if the budget section determines that the allotment or

expenditure or the failure to make an allotment or expenditure is contrary to legislative

intent as recorded in any reliable legislative records. The budget section shall file that

objection in certified form with the legislative council. The filed objection must contain a

concise statement of the budget section's reasons for the objection.

2. The legislative council shall attach to each objection a certification of the time and date

of the filing of the objection and, as soon as possible, shall transmit a copy of the

objection and the certification to the director of the budget and the affected budget

unit. The legislative council shall maintain a permanent register of all objections under

this section.

3. Within fourteen days after the filing of an objection, the affected budget unit shall

respond in writing to the budget section. After receipt of that response, the budget

section may withdraw or modify its objection.

4. After the filing of an objection, the burden of persuasion is upon the budget unit in any

action for judicial review of whether the allotment or expenditure or the failure to make

an allotment or expenditure is contrary to law. If the budget unit fails to meet its burden

of persuasion, the court shall render judgment against the budget unit for court costs.

These court costs must include reasonable attorney's fees and must be payable from

the appropriation of the budget unit.
N.D. Cent. Code § 54-17-07.1 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-07.1
54-17-07.1. Advisory board - Rules
Status: in_force

54-17-07.1. Advisory board - Rules

The industrial commission shall appoint a six-member advisory board consisting of

representatives of lenders, the residential real estate industry, the mobile home and

manufactured housing industry, and homeowners and buyers, and in consultation with such

board may adopt rules and regulations for the conduct of its housing finance program which

may, among other matters, establish requirements for the type and purchase price of dwelling

units and multifamily facilities eligible to be financed, the income limits for eligible low or

moderate income persons or families, the interest rates and other terms of mortgage loans to be

financed, requirements relating to federal or private mortgage insurance or guarantees, and the

general terms and conditions for the issuance and security of housing revenue bonds to be

issued.
N.D. Cent. Code § 54-58-01 — ND Code / Title 54 / Chapter 54-58 / Section 54-58-01
54-58-01. Tribal-state gaming compact - Definition
Status: in_force

54-58-01. Tribal-state gaming compact - Definition

A tribal-state gaming compact is a duly executed agreement between the state and a

federally recognized Indian tribe as approved by the secretary of the department of interior of

the United States pursuant to the Indian Gaming Regulatory Act of 1988 [Pub. L. 100-497; 102

Stat. 2467; 25 U.S.C. 2701 et seq.].
N.D. Cent. Code § 54-60-12 — ND Code / Title 54 / Chapter 54-60 / Section 54-60-12
54-60-12. North Dakota image information program
Status: in_force

54-60-12. North Dakota image information program

The commissioner shall implement a program for use by state agencies to assist state

agencies and state agencies' employees to present to the public a positive image of the state.

The commissioner may expand the program to include use of the program by the private sector.
N.D. Cent. Code § 54-17-14 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-14
54-17-14. Removal and discharge of appointees
Status: in_force

54-17-14. Removal and discharge of appointees

The industrial commission may remove and discharge any and all persons appointed in the

exercise of the powers granted by this chapter, whether by the commission or by any manager

of any utility, industry, enterprise, or business project of the state. Any such removal may be

made whenever in the judgment of the commission the public interests require it. All

appointments and removals contemplated by this chapter must be made as the commission

shall deem most fit to promote the efficiency of the public service.
N.D. Cent. Code § 54-11-12 — ND Code / Title 54 / Chapter 54-11 / Section 54-11-12
54-11-12. Unlawful purchases by state treasurer - Penalty
Status: in_force

54-11-12. Unlawful purchases by state treasurer - Penalty

Every person who while treasurer of this state, or the deputy or clerk of such treasurer,

directly or indirectly, buys or traffics in, or becomes a party to the purchase of, any state warrant,

order, or scrip, or any bill, account, claim, or evidence of indebtedness against the state, for any

sum less than the full face value thereof, is guilty of an infraction.