N.D. Cent. Code § 54-52.2-09 — ND Code / Title 54 / Chapter 54-52.2 / Section 54-52.2-09
54-52.2-09. Employer match for members of defined contribution retirement plan
Status: in_force

54-52.2-09. Employer match for members of defined contribution retirement plan

An employee who first participated in the defined contribution retirement plan under chapter

54-52.6 after December 31, 2024, who elects to contribute less than the optional three percent

of wages or salary under subdivision b of subsection 1 of section 54-52.6-09, who participates in

the deferred compensation program under this chapter, qualifies for employer matching of

contributions made under this section. The employee may elect to contribute an amount of

wages or salary which does not exceed any remaining balance of the optional three percent

contribution and the employer shall match this contribution. This section does not limit the ability

of an employee to contribute unmatched wages or salary under this chapter, subject to federal

contribution limitations.
N.D. Cent. Code § 54-01-02.1 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-02.1
54-01-02.1. Unclaimed funds defined
Status: repealed

54-01-02.1. Unclaimed funds defined

Repealed by S.L. 1975, ch. 425, § 29.
N.D. Cent. Code § 54-16-06 — ND Code / Title 54 / Chapter 54-16 / Section 54-16-06
54-16-06. Report to emergency commission and legislative audit and fiscal review committee by board or officer when expenditure authorized
Status: repealed

54-16-06. Report to emergency commission and legislative audit and fiscal review

committee by board or officer when expenditure authorized.

Repealed by S.L. 1977, ch. 483, § 2.
N.D. Cent. Code § 54-23.4-04 — ND Code / Title 54 / Chapter 54-23.4 / Section 54-23.4-04
54-23.4-04. Powers and duties of the division
Status: in_force

54-23.4-04. Powers and duties of the division

1. In addition to its other powers and duties, the division shall:

a. Establish and maintain a principal office and other necessary offices within this

state, appoint employees and agents as necessary, and prescribe the duties and

compensation of the employees and agents.

b. Adopt and enforce rules necessary to implement this chapter. All fees on claims

for legal, medical, mental health, and hospital services, and the manner in which

economic loss benefits are calculated, must be in accordance with the schedules

of fees adopted by the division.

c. Prescribe forms for applications for compensation.

d. The duty to hear and determine all matters relating to claims for compensation,

and the power to reinvestigate or reopen claims without regard to statutes of

limitations or periods of prescription.

e. Publicize widely the availability of compensation and information regarding the

filing of compensation claims.

2. The division may:

a. Request from prosecuting attorneys and law enforcement officers investigations

and data to enable the division to determine whether, and the extent to which, a

claimant qualifies for compensation. A statute providing confidentiality for a

claimant's or victim's juvenile court records does not apply to proceedings under

this chapter.

b. Take notice of judicially cognizable facts and general, technical, and scientific

facts within its specialized knowledge.
N.D. Cent. Code § 54-03-01.5 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-01.5
54-03-01.5. Legislative redistricting requirements
Status: in_force

54-03-01.5. Legislative redistricting requirements

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

following requirements:

1. The senate must consist of forty-seven members and the house must consist of

ninety-four members.

2. Except as provided in subsection 3, one senator and two representatives must be

apportioned to each senatorial district. Representatives may be elected at large or

from subdistricts.

3. Multimember senate districts providing for two senators and four representatives are

authorized only when a proposed single-member senatorial district includes a federal

facility or federal installation, containing over two-thirds of the population of the

proposed single-member senatorial district.

4. Legislative districts and subdistricts must be compact and of contiguous territory.

5. Legislative districts must be as nearly equal in population as is practicable. Population

deviation from district to district must be kept at a minimum. The total population

variance of all districts, and subdistricts if created, from the average district population

may not exceed recognized constitutional limitations.
N.D. Cent. Code § 54-59-23 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-23
54-59-23. Information technology projects - Reports
Status: in_force

54-59-23. Information technology projects - Reports

1. An executive, legislative, or judicial branch agency, except for institutions under the

control of the state board of higher education, shall report to the department before

September first of each even-numbered year regarding the plan for and status of any

information technology project that is estimated to cost more than five hundred

thousand dollars.

2. During the life of the project, the agency shall notify the department if:

a. At a project milestone, the amount expended on project costs exceeds the

planned budget for that milestone by twenty percent or more; or

b. At a project milestone, the project schedule extends beyond the planned

schedule to attain that milestone by twenty percent or more.

3. A report under subsection 2 must specify corrective measures being undertaken to

address any cost or time of completion issue. If the agency has not taken adequate

corrective measures within ninety days after the report, the agency shall submit a

report to the legislative management's information technology committee regarding the

project.

4. Upon completion of the project, the agency shall notify the department if:

a. The budget for the project exceeded the original budget by twenty percent or

more; or

b. The final project completion date extended beyond the original project scheduled

completion date by twenty percent or more.
N.D. Cent. Code § 54-44.8-07 — ND Code / Title 54 / Chapter 54-44.8 / Section 54-44.8-07
54-44.8-07. Telecommunications services account for the communications impaired
Status: in_force

54-44.8-07. Telecommunications services account for the communications impaired

The telecommunications services account for the communications impaired consists of all

surcharges billed and collected pursuant to section 54-44.8-08. Subject to legislative

appropriation, the department may expend moneys from the account for purposes of

implementing this chapter.
N.D. Cent. Code § 54-52.6-12 — ND Code / Title 54 / Chapter 54-52.6 / Section 54-52.6-12
54-52.6-12. Qualified domestic relations orders
Status: in_force

54-52.6-12. Qualified domestic relations orders

1. The board or a vendor contracted for by the board shall apportion a participating

member's account in the defined contribution retirement plan under this chapter 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 adopted by the

board for determining the qualified status of domestic relations orders, administering

distributions, and apportioning accounts under the qualified orders. Upon

determination of the domestic relations order as qualified, the board shall notify the

participating member, the named alternate payee, and the vendor, if applicable, 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, 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 a participating member's account in the defined contribution

retirement plan under this chapter. A qualified domestic relations order may not require

the board to provide any type or form of benefit, or any option, not otherwise allowed

under this chapter. However, a qualified domestic relations order may require

distribution from an account in the defined contribution retirement plan under this

chapter notwithstanding that the participating member has not terminated eligible

employment. A qualified domestic relations order must specify:

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

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

b. The amount or percentage of the participating member's account to be paid 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 § 54-36-02 — ND Code / Title 54 / Chapter 54-36 / Section 54-36-02
54-36-02. Employees - Duties - Compensation
Status: in_force

54-36-02. Employees - Duties - Compensation

The governor, after consultation with the members of the commission, shall appoint an

executive director of the Indian affairs commission who must serve at the pleasure of the

governor. The governor may employ such other personnel, as the governor deems necessary,

and shall prescribe duties and fix compensation.
N.D. Cent. Code § 54-09-01 — ND Code / Title 54 / Chapter 54-09 / Section 54-09-01
54-09-01. Records in custody of secretary of state
Status: in_force

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

The secretary of state is charged with the custody of:

1. The enrolled copy of the Constitution of North Dakota.

2. All the acts and resolutions passed by the legislative assembly.

3. The journals of the legislative assembly.

4. The great seal.

5. All books, records, deeds, parchments, maps, and papers kept or deposited in the

secretary of state's office pursuant to law.
N.D. Cent. Code § 54-69-01 — ND Code / Title 54 / Chapter 54-69 / Section 54-69-01
54-69-01. Definitions
Status: in_force

54-69-01. Definitions

In this chapter, unless the context otherwise requires:

1. "Chief information officer" means the chief information officer of the information

technology department.

2. "Commissioner" means the commissioner of the department of commerce.

3. "Committee" means the advanced technology review committee.

4. "Department" means the department of commerce.

5. "Vice chancellor for information technology" means the chief information officer and

vice chancellor for information technology of the North Dakota university system.
N.D. Cent. Code § 54-52.6-03 — ND Code / Title 54 / Chapter 54-52.6 / Section 54-52.6-03
54-52.6-03. Transfer of accumulated fund balances
Status: in_force

54-52.6-03. Transfer of accumulated fund balances

1. For an individual who elects under section 54-52.6-02 to terminate membership in the

public employees retirement system under chapter 54-52, the board shall transfer a

lump sum amount from the retirement fund to the participating member's account in

the defined contribution retirement plan under this chapter. However, if the individual

terminates employment before receiving the lump sum transfer under this section, the

election made under section 54-52.6-02 is ineffective and the individual remains a

member of the public employees retirement system under chapter 54-52 and retains

all the rights and benefits provided under that chapter. The board shall calculate the

amount to be transferred for persons employed before October 1, 2001, using the two

following formulas, and shall transfer the greater of the two amounts obtained:

a. The actuarial present value of the individual's accumulated benefit obligation

under the public employees retirement system based on the assumption that the

individual will retire under the earliest applicable normal retirement age, plus

interest from January 1, 2001, to the date of transfer, at the rate of one-half of one

percent less than the actuarial interest assumption at the time of the election; or

b. The actual employer contribution made, less vested employer contributions made

pursuant to section 54-52-11.1, plus compound interest at the rate of one-half of

one percent less than the actuarial interest assumption at the time of the election

plus the employee account balance.

2. The board shall calculate the amount to be transferred for persons employed after

September 30, 2001, and before January 1, 2025, using only the formula contained in

subdivision b of subsection 1.
N.D. Cent. Code § 54-06-04.3 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-04.3
54-06-04.3. Joint publication and distribution of information by state agencies - Fees
Status: in_force

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

Any state agency may cooperate with any other state agency to jointly publish and distribute

information and may arrange to have the joint publication or distribution, or both, coordinated by

a private entity. Any state agency may provide information it has collected or developed,

including mailing lists, to each other or to any private entity for the purpose of distributing jointly

or individually issued publications or other information. If a state agency publication is available

on the agency's website or otherwise available in an electronic format and a person requests a

paper copy of the publication, the state agency may charge a reasonable fee for providing the

paper copy and for mailing the paper copy of the publication.
N.D. Cent. Code § 54-06-15 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-15
54-06-15. Failure of officials and employees working in capitol building to return keys upon termination of employment - Duty of person in charge of employing unit - Payment of fee in lieu of return - Retention of final warrant for salary or wage
Status: in_force

54-06-15. Failure of officials and employees working in capitol building to return keys

upon termination of employment - Duty of person in charge of employing unit - Payment

of fee in lieu of return - Retention of final warrant for salary or wage.

Each elective or appointive official or state employee employed by, or in charge of, an

employing unit with offices in the state capitol building who fails or is unable to return a key, or

keys, issued to that person pursuant to section 54-21-17.1 shall have that person's final

warrant-check for payment of salary or wages retained by the person in charge of the employing

unit, or the person's designee, until the key or keys are returned, or until the fee in lieu of return

provided in this section has been paid. Each official or employee who fails or is unable to return

keys issued to the person in the manner provided in section 44-08-18 shall pay a fee of five

dollars for each key not returned, which fee must be in lieu of return of a key. Upon receipt of

the in lieu fee, the person in charge of the employing unit, or the person's designee, shall

release the official's or employee's final warrant-check for payment of salary or wages. When an

official or employee terminates that person's employment and fails or is unable to return a key,

or keys, issued to that person, the person in charge of the employing unit, or the person's

designee, shall retain the final warrant-check for payment of the salary or wages of that official

or employee until this section has been complied with. As used in this section, the phrase

"employing unit" means any agency, department, board, commission, or other governmental

unit, including the supreme court, the legislative assembly, and the legislative council, which has

offices located in the state capitol building. The phrase "person in charge" means the person

who has the overall supervisory and administrative control over the employing unit.
N.D. Cent. Code § 54-52-11 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-11
54-52-11. Vesting - Vesting schedule of agency, county, city, or school district contribution
Status: repealed

54-52-11. Vesting - Vesting schedule of agency, county, city, or school district

contribution.

Repealed by S.L. 1977, ch. 499, § 17.
N.D. Cent. Code § 54-46-06 — ND Code / Title 54 / Chapter 54-46 / Section 54-46-06
54-46-06. Assistance to legislative and judicial branches
Status: in_force

54-46-06. Assistance to legislative and judicial branches

Upon request, the administrator shall assist and advise in the establishment of records

management programs in the legislative and judicial branches of state government and shall, as

required by them, provide program services similar to those available to the executive branch of

state government pursuant to the provisions of this chapter.
N.D. Cent. Code § 54-30-30.1 — ND Code / Title 54 / Chapter 54-30 / Section 54-30-30.1
54-30-30.1. Transfer to board of university and school lands
Status: repealed

54-30-30.1. Transfer to board of university and school lands

Repealed by S.L. 1983, ch. 567, § 16.
N.D. Cent. Code § 54-45-01 — ND Code / Title 54 / Chapter 54-45 / Section 54-45-01
54-45-01. Department of civil air patrol - Commanding officer
Status: repealed

54-45-01. Department of civil air patrol - Commanding officer

Repealed by S.L. 1991, ch. 613, § 5.
N.D. Cent. Code § 54-23.3-12 — ND Code / Title 54 / Chapter 54-23.3 / Section 54-23.3-12
54-23.3-12. Faith-based programming
Status: in_force

54-23.3-12. Faith-based programming

1. The department of corrections and rehabilitation, with contracts through the

department of health and human services and through the implementation of the

community behavioral health program, shall allow faith-based organizations to provide

services to individuals who need addiction treatment services.

2. For purposes of this section "faith-based organization" means a nonprofit corporation

or association operated by a religious or denominational organization, including an

organization operated for religious, educational, or charitable purposes and which is

operated, supervised, or controlled by or in connection with a religious organization, or

an organization that has a mission statement, policies, or practices clearly

demonstrating the organization is guided or motivated by faith.
N.D. Cent. Code § 54-12-28 — ND Code / Title 54 / Chapter 54-12 / Section 54-12-28
54-12-28. Twenty-four seven sobriety program guidelines, program fees, and records
Status: in_force

54-12-28. Twenty-four seven sobriety program guidelines, program fees, and records

1. The attorney general, in cooperation with law enforcement, the judiciary, the

department of corrections and rehabilitation, and the traffic safety division of the

department of transportation, may develop guidelines, policies, and procedures to

administer the twenty-four seven sobriety program and to test offenders to enforce

compliance with the sobriety program, including sobriety testing twice per day seven

days per week, electronic monitoring, including home surveillance and remote

electronic alcohol monitoring, urine testing and drug patch testing, and to establish

program fees, all of which are not subject to chapter 28-32.

2. To assist in monitoring the status of the twenty-four seven sobriety program, the

attorney general may gather program records and statistics. Agencies or companies

participating in the twenty-four seven program shall provide record and statistic

information requested by the attorney general within thirty days of the request.
N.D. Cent. Code § 54-52.6-06 — ND Code / Title 54 / Chapter 54-52.6 / Section 54-52.6-06
54-52.6-06. Administrative expenses - Continuing appropriation
Status: in_force

54-52.6-06. Administrative expenses - Continuing appropriation

Participating members shall pay the administrative expenses of the plan in a manner

determined by the board. The board, or vendors contracted for by the board, may charge

reasonable administrative expenses and deduct those expenses from a participating member's

account in the defined contribution retirement plan established under this chapter. The board

may also pay the administrative expenses of the plan from fines and fees collected from

vendors in a manner determined by the board. The board shall place vendor fines and fees and

any money deducted from participating members' accounts in an administrative expenses

account with the state treasurer. The board may use funds from the payroll clearing account

established pursuant to section 54-52.3-03 to pay for consulting expenses. All moneys in the

payroll clearing account, not otherwise appropriated, or so much of the moneys as may be

necessary, 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 § 54-27-15.3 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-15.3
54-27-15.3. Checks of the state department of health and consolidated laboratories - Cancellation - Deposit to general fund
Status: repealed

54-27-15.3. Checks of the state department of health and consolidated laboratories -

Cancellation - Deposit to general fund.

Repealed by S.L. 1989, ch. 649, § 2.
N.D. Cent. Code § 54-38-03 — ND Code / Title 54 / Chapter 54-38 / Section 54-38-03
54-38-03. Meetings - When held - Compensation and expenses of members
Status: repealed

54-38-03. Meetings - When held - Compensation and expenses of members

Repealed by S.L. 1971, ch. 508, § 7.
N.D. Cent. Code § 54-44.3-02 — ND Code / Title 54 / Chapter 54-44.3 / Section 54-44.3-02
54-44.3-02. Definitions
Status: reserved

54-44.3-02. Definitions

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

1. "Appointing authority" means the authority to appoint to positions in the classified

service and is reserved to officials and heads of departments and agencies within the

government.

2. "Board" means the state personnel board.

3. "Director" means the director of North Dakota human resource management services.

4. "Division" means North Dakota human resource management services.

5. "Employee" means any person who occupies a position in the classified service.

6. "Officer" means an employee of the state government who is appointed and serves at

the pleasure of an official, board, or commission.

7. "Official" means a member of the state government elected by popular vote.
N.D. Cent. Code § 54-10-16 — ND Code / Title 54 / Chapter 54-10 / Section 54-10-16
54-10-16. Audit in case of irregularity or embezzlement
Status: in_force

54-10-16. Audit in case of irregularity or embezzlement

It is not the duty of the state auditor or the state auditor's staff to make audits of any political

subdivisions, funds, commissions, associations, and bureaus, for the reason of severance from

the service of such political subdivisions, funds, commissions, associations, and bureaus of any

officer, clerk, deputy, cashier, or other employee unless the head of such state office or

department, or the board administering any other of the agencies named herein shall request

such audit in writing, and state that there is reason to believe that there is irregularity in handling

funds or embezzlement involved.
N.D. Cent. Code § 54-01-15 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-15
54-01-15. Acquisition of national forest lands by United States - Jurisdiction of state over such lands
Status: in_force

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

over such lands.

The United States may, with the specific consent of the legislative assembly as to each tract

acquired, acquire, by purchase, gift, or condemnation with adequate compensation, such lands

in North Dakota as in the opinion of the federal government may be needed for the

establishment of national forests. The state shall retain a concurrent jurisdiction with the United

States in and over lands so acquired to the extent that civil process in all cases, and such

criminal process as may issue under the authority of the state against any person charged with

the commission of any crime without or within said jurisdiction, may be executed thereon in like

manner as if this section had not been enacted. The legislative consent required by this section

must be in the form of a duly enacted bill.
N.D. Cent. Code § 54-52.1-16 — ND Code / Title 54 / Chapter 54-52.1 / Section 54-52.1-16
54-52.1-16. Uniform group insurance program - Collaborative drug therapy program - Continuing appropriation
Status: in_force

54-52.1-16. Uniform group insurance program - Collaborative drug therapy program -

Continuing appropriation.

1. The board may establish a collaborative drug therapy program available to individuals

in the medical and hospital benefits coverage group. The purpose of the collaborative

drug therapy program is to improve the health of individuals in identified health

populations and to manage health care expenditures.

2. Under the program, the board may involve physicians, pharmacists, and other health

professionals to coordinate health care for individuals in identified health populations in

order to improve health outcomes and reduce spending on care for the identified

health problem. Under the program, pharmacists and other health professionals may

be reimbursed for providing face-to-face collaborative drug therapy services to

covered individuals in the identified health population. To encourage enrollment in the

plan, the board may provide incentives to covered individuals in the identified health

population which may include waived or reduced copayment for related treatment

drugs and supplies.

3. The board may request the assistance of the North Dakota pharmacists association or

a specified delegate to implement a formalized disease management program with the

approval of the prescriptive practices committee established in section 43-15-31.4,

which must serve to standardize chronic disease care and improve patient outcomes.

This program must facilitate enrollment procedures, provide standards of care, enable

consistent documentation of clinical and economic outcomes, and structure an

outcomes reporting system.

4. The board may seek and accept private contributions, gifts, and grants-in-aid from the

federal government, private industry, and other sources for a collaborative drug

therapy program for identified health populations. Any funds that may become

available through contributions, gifts, grants-in-aid, or other sources to the board for a

collaborative drug therapy program are appropriated to the board on a continuing

basis.
N.D. Cent. Code § 54-17.5-06 — ND Code / Title 54 / Chapter 54-17.5 / Section 54-17.5-06
54-17.5-06. Access to commission records
Status: in_force

54-17.5-06. Access to commission records

1. Materials and data submitted to, or made or received by, the commission, to the extent

that the commission determines the materials or data consist of trade secrets or

commercial, financial, or proprietary information of individuals or entities applying to or

contracting with the commission or receiving commission services under this chapter,

are not public records subject to section 44-04-18 and section 6 of article XI of the

Constitution of North Dakota.

2. A person or entity must file a request with the commission to have material designated

as confidential under subsection 1. A request to have material designated as

confidential is exempt as defined in section 44-04-17.1. The request must contain any

information required by the commission, and must include at least the following:

a. A general description of the nature of the information sought to be protected.

b. An explanation of why the information derives independent economic value,

actual or potential, from not being generally known to other persons.

c. An explanation of why the information is not readily ascertainable by proper

means by other persons.

d. A general description of any person or entity that may obtain economic value from

disclosure or use of the information, and how the person or entity may obtain this

value.

e. A description of the efforts used to maintain the secrecy of the information.

3. Any information submitted under subsection 2 is confidential. The commission shall

examine the request and determine whether the information is relevant to the matter at

hand and is a trade secret under the definition in section 47-25.1-01 or 44-04-18.4. If

the commission determines the information is either not relevant or not a trade secret,

the commission shall notify the requester and the requester may ask for the return of

the information and request within ten days of the notice. If no return is sought, the

information and request are a public record.

4. The names or identities of independent technical reviewers on any project or program

and the names of individual lignite council members making recommendations are

confidential and may not be disclosed by the commission, and are not public records

subject to section 44-04-18 or section 6 of article XI of the Constitution of North

Dakota.
N.D. Cent. Code § 54-34.3-05 — ND Code / Title 54 / Chapter 54-34.3 / Section 54-34.3-05
54-34.3-05. Finance office
Status: repealed

54-34.3-05. Finance office

Repealed by S.L. 2009, ch. 480, § 16.
N.D. Cent. Code § 54-53-03 — ND Code / Title 54 / Chapter 54-53 / Section 54-53-03
54-53-03. Purpose - Powers and duties
Status: in_force

54-53-03. Purpose - Powers and duties

The purpose of the institute must be to conduct and supervise research in the field of

transportation and logistics in order to facilitate acquisition of a wider knowledge and

understanding of marketing factors associated with the geographical location of the state of

North Dakota and the upper great plains in the field of transportation and their influence on the

socioeconomic systems of the state, region, and country. Research areas must include the

study of commodity and other freight movements into and out of the state in order to better

know and understand the various factors affecting the marketing of area products and services.

The institute shall make public its findings and conclusions in regard thereto together with any

suggested solutions. In the administration of its duties under this chapter, the institute shall

consult and coordinate with various governmental and nongovernmental agencies, shipper and

producer groups, and carriers, in this state and in other states, interested in the field of

transportation.
N.D. Cent. Code § 54-60.2-04 — ND Code / Title 54 / Chapter 54-60.2 / Section 54-60.2-04
54-60.2-04. Use of grants
Status: in_force

54-60.2-04. Use of grants

A grant awarded under this chapter may be used to carry out the purposes specified in

section 54-60.2-02, including maintenance and operation of the program; development costs

associated with any new or redesigned courses of instruction at the college; costs of instruction,

including special programs for individuals with disabilities; and academic instruction and

associated materials.
N.D. Cent. Code § 54-52.1-03.1 — ND Code / Title 54 / Chapter 54-52.1 / Section 54-52.1-03.1
54-52.1-03.1. Certain political subdivisions authorized to join uniform group insurance program - Employer contribution
Status: in_force

54-52.1-03.1. Certain political subdivisions authorized to join uniform group

insurance program - Employer contribution.

If eligible under federal law, a political subdivision may extend the benefits of the uniform

group insurance program under this chapter to its permanent employees, subject to minimum

requirements established by the board and a minimum period of participation of sixty months. If

the political subdivision withdraws from participation in the uniform group insurance program,

before completing sixty months of participation, unless federal or state laws or rules are

modified or interpreted in a way that makes participation by the political subdivision in the

uniform group insurance program no longer allowable or appropriate, the political subdivision

shall make payment to the board in an amount equal to any expenses incurred in the uniform

group insurance program that exceed income received on behalf of the political subdivision's

employees as determined under rules adopted by the board. The Garrison Diversion

Conservancy District shall participate in the uniform group insurance program under the same

terms and conditions as state agencies. District health units required to participate in the public

employees retirement system under section 54-52-02, which were participating in the uniform

group insurance program at the time the Affordable Care Act was enacted, shall participate in

the uniform group insurance program under the same terms and conditions as state agencies. A

retiree who has accepted a retirement allowance from a participating political subdivision's

retirement plan may elect to participate in the uniform group under this chapter without meeting

minimum requirements at age sixty-five, when the employee's spouse reaches age sixty-five,

upon the receipt of a benefit, when the political subdivision joins the uniform group insurance

plan if the retiree was a member of the former plan, or when the spouse terminates

employment. If a retiree or surviving spouse does not elect to participate at the times specified

in this section, the retiree or surviving spouse must meet the minimum requirements established

by the board. Each retiree or surviving spouse shall pay directly to the board the premiums in

effect for the coverage then being provided. The board may require documentation that the

retiree has accepted a retirement allowance from an eligible retirement plan other than the

public employees retirement system.
N.D. Cent. Code § 54-06-39 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-39
54-06-39. Pledge of allegiance
Status: in_force

54-06-39. Pledge of allegiance

Notwithstanding any other provision of law, the governor or an executive branch officer or

employee may not alter the language of the pledge of allegiance. The voluntary pledge is "I

pledge allegiance to the flag, of the United States of America, and to the republic for which it

stands, one nation under God, indivisible, with liberty and justice for all."
N.D. Cent. Code § 54-52-02.10 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-02.10
54-52-02.10. Members of the legislative assembly
Status: in_force

54-52-02.10. Members of the legislative assembly

Deleted by R.M. December 5, 1989.
N.D. Cent. Code § 54-12-01.1 — ND Code / Title 54 / Chapter 54-12 / Section 54-12-01.1
54-12-01.1. Attorney general to publish eminent domain information
Status: in_force

54-12-01.1. Attorney general to publish eminent domain information

The attorney general, with the cooperation of appropriate state agencies, shall publish

online information describing the eminent domain laws of this state. The information must

include the reasons for condemnation, the procedures followed by condemnors as defined by

section 32-15-01, how citizens may influence the condemnation process, and the rights of

property owners and citizens affected by condemnation. A condemnor shall notify a property

owner of the available online information before making an offer to purchase and initiating a

condemnation action.
N.D. Cent. Code § 54-44.4-09 — ND Code / Title 54 / Chapter 54-44.4 / Section 54-44.4-09
54-44.4-09. Bidders list
Status: in_force

54-44.4-09. Bidders list

1. The office of management and budget shall establish and maintain a bidders list of

persons that desire to be informed of government procurement opportunities. The

office of management and budget or the purchasing agency shall notify those on the

list when issuing invitation for bids or request for proposals over the amount

established for small purchases, except as otherwise provided in this section. The

office of management and budget or the purchasing agency shall notify those on the

list when sending notice of intent to make cooperative, limited competitive,

noncompetitive, and negotiated purchases. A person may be required to register for

the bidders list before the person may submit a response to a solicitation.

2. To be placed on the bidders list a person shall file an application with the office of

management and budget. The application must contain information requested by the

office of management and budget, including business and persons' names, telephone

numbers, addresses, type of business organization, the types of commodities or

services for which the applicant is interested in receiving solicitations, and other

business information the office of management and budget determines relevant.

3. The office of management and budget or purchasing agency additionally may send

notice of procurement opportunities to persons that are not on the bidders list.
N.D. Cent. Code § 54-01-03 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-03
54-01-03. State may acquire property by taxation
Status: in_force

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

The state may acquire property by taxation in the modes authorized by law.
N.D. Cent. Code § 54-06-03 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-03
54-06-03. Report of state officers and boards
Status: in_force

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

Except as otherwise provided by law, all officers, departments, boards, commissions, and

state institutions that make and transmit reports annually or biennially to the governor and the

secretary of state shall submit their reports to the governor and the secretary of state not later

than December first of the year in which the report is required to be made.
N.D. Cent. Code § 54-34.4-02 — ND Code / Title 54 / Chapter 54-34.4 / Section 54-34.4-02
54-34.4-02. Duties of director
Status: in_force

54-34.4-02. Duties of director

The director of the department of commerce division of tourism, within the limits of

legislative appropriations, shall:

1. Implement the state's tourism policy;

2. Prepare and update annually a tourism marketing plan for the promotion and

expansion of tourism in the state which identifies the state's tourism resources,

estimates the impact of tourism on the state's economy, and proposes a marketing

strategy for activities of the division;

3. Work with industry groups to prepare a long-term strategic plan each biennium;

4. Measure and forecast visitor volume, receipts, and related social and economic

impacts;

5. Work with the private sector and local, state, and federal agencies to develop the

state's tourism-related infrastructure, facilities, services, and attractions, including the

state's highways, parks, and historic sites;

6. Organize and coordinate programs designed to promote tourism to, and within, the

state through various means. Those means may include:

a. Print advertising in magazines, newspapers, and direct mail;

b. Advertising on radio, on television, online, in displays, or using other advertising

media;

c. Publishing pamphlets, brochures, and other graphic and pictorial materials;

d. Designing the tourism side of the state highway map;

e. Aiding and assisting representatives of the media to ensure greater coverage of

the state's visitor attractions, events, and recreational opportunities; and

f. Other marketing activities and events aimed at increasing visitor volume;

7. Work with the department of transportation to improve visitor services along highways

in the state and in state rest areas;

8. Develop opportunities for professional and technical education and training in the

visitor industry;

9. Foster an understanding among the state's residents of the economic importance to

the state of hospitality and tourism;

10. Provide advice and technical assistance to local, public, and private tourism

organizations in promoting and developing tourism; and

11. Monitor the policies and programs of state agencies that significantly affect the visitor

industry, notify those agencies of the effects of their actions on travel to, and within the

state, and if necessary recommend programs or policy changes to those agencies.
N.D. Cent. Code § 54-68-11 — ND Code / Title 54 / Chapter 54-68 / Section 54-68-11
54-68-11. Attorney general - Counsel - Bureau of criminal investigation - Primary authority for investigations
Status: in_force

54-68-11. Attorney general - Counsel - Bureau of criminal investigation - Primary

authority for investigations.

1. The attorney general may act as legal counsel in any particular investigation or

proceeding under section 54-12-02. The attorney general shall appear and defend any

officer or employee of the office and any member of the review board in any action

founded on an act or omission arising out of performance of an official duty.

2. In accordance with chapter 54-12, the attorney general and bureau of criminal

investigation have primary authority to investigate criminal cases related to a

guardianship or conservatorship.
N.D. Cent. Code § 54-52-02 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-02
54-52-02. Formulation of plan - Exclusion of employees covered by plans in existence
Status: in_force

54-52-02. Formulation of plan - Exclusion of employees covered by plans in

existence.

All departments, boards, institutions, commissions, or agencies of the state of North Dakota,

the Garrison Diversion Conservancy District, district health units, the supreme court, and the

district courts, hereinafter referred to as agency, shall participate in a retirement system which

will provide for the payment of benefits to state and political subdivision employees or to their

beneficiaries thereby enabling the employees to care for themselves and their dependents and

which by its provisions will improve state and political subdivision employment, reduce

excessive personnel turnover, and offer career employment to high-grade men and women.

However, a city health department providing health services in a city-county health district

formed under chapter 23-35 is not required to participate in the public employees retirement

system but may participate in the public employees retirement system under section 54-52-02.1.

Employees presently covered by a pension plan or retirement plan to which the state is

contributing, except social security, are not eligible for duplicate coverage except as provided

under sections 39-03.1-14.1 and 54-52-17.2.
N.D. Cent. Code § 54-03-01.2 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-01.2
54-03-01.2. Legislative subdistricting - Methods
Status: repealed

54-03-01.2. Legislative subdistricting - Methods

Repealed by S.L. 1975, ch. 463, § 4.
N.D. Cent. Code § 54-17-11 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-11
54-17-11. Manager and employees of industries - Commission to appoint - Compensation
Status: in_force

54-17-11. Manager and employees of industries - Commission to appoint -

Compensation.

The industrial commission shall appoint a manager and all necessary subordinate officers

and employees of and for each utility, industry, enterprise, and business project established,

owned, undertaken, administered, or operated by the state. It may constitute such manager its

general agent in the performance of its duties in the particular utility, industry, enterprise, or

business project in which the manager is engaged, but subject, nevertheless, in such agency to

the supervision, limitation, and control of the commission. It shall employ such contractors,

architects, builders, attorneys, sales agents, clerks, accountants, and other experts, agents, and

servants, as in the judgment of the commission the interests of the state may require, and shall

define the duties, designate the titles, and fix the compensation and bonds of all persons so

engaged.
N.D. Cent. Code § 54-06-14.2 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-14.2
54-06-14.2. State sick leave sharing program
Status: repealed

54-06-14.2. State sick leave sharing program

Repealed by S.L. 2021, ch. 394, § 3.
N.D. Cent. Code § 54-54-05 — ND Code / Title 54 / Chapter 54-54 / Section 54-54-05
54-54-05. Duties of council
Status: in_force

54-54-05. Duties of council

The duties of the council are:

1. To stimulate and encourage throughout the state the study and presentation of the

performing and fine arts and public interest and participation therein.

2. To make such surveys as may be deemed advisable of public and private institutions

engaged within the state in artistic and cultural activities, including but not limited to,

music, theater, dance, painting, sculpture, architecture, and allied arts and crafts, and

to make recommendations concerning appropriate methods to encourage participation

in and appreciation of the arts to meet the legitimate needs and aspirations of persons

in all parts of the state.

3. To take such steps as may be necessary and appropriate to encourage public interest

in the cultural heritage of our state and to expand the state's cultural resources.

4. To encourage and assist freedom of artistic expression essential for the well-being of

the arts.

5. To determine the artistic value of property as provided by section 1-08-04.1.

6. To administer a poet laureate program that selects the poet laureate and requires the

poet laureate to participate in at least four public events around the state each year.
N.D. Cent. Code § 54-52.2-05 — ND Code / Title 54 / Chapter 54-52.2 / Section 54-52.2-05
54-52.2-05. Administrators authorized to make payments or investments
Status: in_force

54-52.2-05. Administrators authorized to make payments or investments

Notwithstanding any other provision of law to the contrary, those persons designated to

administer the deferred compensation program are hereby authorized to make payments or

investments under the deferred compensation program as specified by the employee in

accordance with section 54-52.2-01. The payments or investments may not be construed to be

a prohibited use of the general assets of the state, county, city, or other political subdivision.
N.D. Cent. Code § 54-12-06 — ND Code / Title 54 / Chapter 54-12 / Section 54-12-06
54-12-06. Assistant attorneys general - Attorney general may appoint
Status: in_force

54-12-06. Assistant attorneys general - Attorney general may appoint

The attorney general may appoint assistant attorneys general whose appointment must be

in writing and filed in the office of the secretary of state.
N.D. Cent. Code § 54-06-32 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-32
54-06-32. State employee service awards
Status: in_force

54-06-32. State employee service awards

Each state agency, department, or institution may establish rules or policies for employee

recognition and service award programs. Executive branch agencies having employees in

classified service are subject to rules adopted by North Dakota human resource management

services and approved by the state personnel board and the legislative management's

administrative rules committee. Any other agency, department, or institution of the executive,

legislative, or judicial branch may adopt similar rules or policies to ensure uniformity and

consistency in state government. Notwithstanding any other provision of law, each executive

branch state agency, department, or institution, except an institution of higher education, having

employees who are not in classified service and establishing rules or policies for employee

recognition and service award programs shall submit the rules and policies to the office of

management and budget for review and comment, and after addressing any comments of the

office of management and budget, shall submit the rules and policies to the legislative

management's administrative rules committee for approval. Within sixty days after the close of

each biennial period, each state agency, department, or institution providing an employee

service award under rules approved by the administrative rules committee shall file with the

office of management and budget a report indicating the total amount of service awards paid.

Within ninety days after the close of each biennial period, the office of management and budget

shall submit to the legislative council a report summarizing this information. An expenditure

made under this section is deemed to be made for a public purpose and may not be construed

as a gift for purposes of section 18 of article X of the Constitution of North Dakota.
N.D. Cent. Code § 54-16-01 — ND Code / Title 54 / Chapter 54-16 / Section 54-16-01
54-16-01. Emergency commission - Members - Organization - Quorum - Meetings - Pledge of allegiance
Status: in_force

54-16-01. Emergency commission - Members - Organization - Quorum - Meetings -

Pledge of allegiance.

The emergency commission consists of the governor, the majority leaders of the senate and

house of representatives of the legislative assembly, the secretary of state, and the chairmen of

the senate and house of representatives appropriations committees. If the chairman of an

appropriations committee ceases to be a member of the legislative assembly, the vice chairman

of that committee succeeds to that position on the commission. An appropriations committee

vice chairman may serve in the place of the appropriations committee chairman as a member of

the commission at the request of the appropriate appropriations committee chairman, if the

appropriations committee chairman is unable to attend a commission meeting. If a majority

leader ceases to be a member of the legislative assembly, the respective house's assistant

majority leader succeeds to that position on the commission. A majority leader's assistant

majority leader may serve as a member of the commission in the place of the majority leader at

the request of the majority leader if that majority leader is serving on the commission in another

capacity or is unable to attend a commission meeting. Four members of the commission

constitute a quorum. The governor is the chairman and the secretary of state is the secretary of

the commission. The commission shall meet at the call of the chairman. At the beginning of

each regularly scheduled meeting of the emergency commission, members must be given the

opportunity to participate in a voluntary recitation of the pledge of allegiance.
N.D. Cent. Code § 54-01.1-11 — ND Code / Title 54 / Chapter 54-01.1 / Section 54-01.1-11
54-01.1-11. State participation in cost of local relocation payments and services
Status: in_force

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

If a political subdivision acquires real property, and state financial assistance is available to

pay the cost, in whole or part, of the acquisition of that real property, or of the improvement for

which the property is acquired, the cost to the political subdivision of providing the payments

and services prescribed by this chapter must be included as part of the costs of the project for

which state financial assistance is available and the political subdivision shall be eligible for

state financial assistance for relocation payments and services in the same manner and to the

same extent as other project costs.
N.D. Cent. Code § 54-11-05 — ND Code / Title 54 / Chapter 54-11 / Section 54-11-05
54-11-05. Books and blanks furnished by state to treasurer - Kept as state records
Status: in_force

54-11-05. Books and blanks furnished by state to treasurer - Kept as state records

All checks and drafts, deposit slips, bankbooks, and other books and blanks used in the

transactions of the state treasurer for state business must be furnished by the state and must be

kept on record by the treasurer. They must be disposed of in accordance with the procedures

established pursuant to chapter 54-46.
N.D. Cent. Code § 54-10-19 — ND Code / Title 54 / Chapter 54-10 / Section 54-10-19
54-10-19. Supervision of public institutions and private institutions with which state has dealings
Status: in_force

54-10-19. Supervision of public institutions and private institutions with which state

has dealings.

The state auditor may examine the books and accounts of all private institutions with which

the state has any dealings so far only as the same relate to such dealings. If any public officer

having control of any such office or institutions fails or refuses to comply with the directions of

the state auditor, the auditor shall report the facts to the governor and to the manager of the

state bonding fund, and such refusal constitutes grounds for removal from office and

cancellation of the bond of such officer.
N.D. Cent. Code § 54-17-07.5 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-07.5
54-17-07.5. State reallocation under the Mortgage Subsidy Bond Tax Act of 1980
Status: repealed

54-17-07.5. State reallocation under the Mortgage Subsidy Bond Tax Act of 1980

Repealed by S.L. 1987, ch. 630, § 1.
N.D. Cent. Code § 54-17.3-01 — ND Code / Title 54 / Chapter 54-17.3 / Section 54-17.3-01
54-17.3-01. Definitions
Status: in_force

54-17.3-01. Definitions

As used in sections 54-17.3-01 through 54-17.3-08, unless the context otherwise requires:

1. "Commission" means the North Dakota industrial commission.

2. "Paleontological resource" means any significant remains, trace, or imprint of a plant

or animal that has been preserved by natural causes in earth materials and the

localities in which they are found.
N.D. Cent. Code § 54-03.2-11 — ND Code / Title 54 / Chapter 54-03.2 / Section 54-03.2-11
54-03.2-11. Right to counsel and submission of questions
Status: in_force

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

Every witness at a hearing of an investigating committee may be accompanied by counsel

of the witness's own choosing, who may advise the witness as to the witness's rights, subject to

reasonable limitations which the committee may prescribe to prevent obstruction of or

interference with the orderly conduct of the hearing.

Any witness at a hearing, or the witness's counsel, may submit to the committee proposed

questions to be asked of the witness or any other witness relevant to the matters upon which

there has been any questioning or submission of evidence, and the committee shall ask such of

the questions as are appropriate to the subject matter of the hearing.
N.D. Cent. Code § 54-03-10 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-10
54-03-10. Compensation of speaker, majority and minority leaders, assistant majority and minority leaders, committee chairmen, and employees
Status: in_force

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

and minority leaders, committee chairmen, and employees.

The speaker of the house, the house majority leader, the senate majority leader, the house

minority leader, and the senate minority leader shall each receive as compensation, in addition

to any other compensation or expense reimbursement provided by law, the sum of twenty

dollars per day for each calendar day during any regular, special, or organizational session.

Chairmen of the substantive standing committees, the house assistant majority leader, the

senate assistant majority leader, the house assistant minority leader, and the senate assistant

minority leader shall receive additional compensation of fifteen dollars for each calendar day

during any regular, special, or organizational session. The additional compensation provided by

this section must be paid in the manner provided in section 54-03-20. The legislative assembly,

by concurrent resolution, shall fix the compensation of the other officers and employees elected

or appointed.
N.D. Cent. Code § 54-44.3-13 — ND Code / Title 54 / Chapter 54-44.3 / Section 54-44.3-13
54-44.3-13. Records and information to be furnished
Status: in_force

54-44.3-13. Records and information to be furnished

All departments and agencies covered by the personnel system shall furnish any

reasonably necessary, nonprivileged records and information to the division which the division

requests, except records made confidential by statute.
N.D. Cent. Code § 54-59-33 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-33
54-59-33. Statewide longitudinal data system committee - Membership
Status: repealed

54-59-33. Statewide longitudinal data system committee - Membership

Repealed by S.L. 2025, ch. 479, § 39.
N.D. Cent. Code § 54-59-12 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-12
54-59-12. Coordination of activities - Reports
Status: in_force

54-59-12. Coordination of activities - Reports

The department shall cooperate with each state entity providing access to any computer

database or electronically filed or stored information under subsection 4 of section 44-04-18 to

assist in providing economical, efficient, and compatible access. The chief information officer

shall conduct conferences and meetings with political subdivisions to review and coordinate

information technology. The chief information officer and the chief information officer of the

North Dakota university system shall meet at least twice each year to plan and coordinate their

information technology. The chief information officer and the chief information officer of the

North Dakota university system shall consider areas in which joint or coordinated information

technology may result in more efficient and effective state government operations. Upon

request, the chief information officer shall report to the legislative management regarding the

coordination of services with political subdivisions, and the chief information officer and the chief

information officer of the North Dakota university system shall report to the legislative

management regarding their findings and recommendations.
N.D. Cent. Code § 54-17-07.13 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-07.13
54-17-07.13. Criminal history record checks
Status: in_force

54-17-07.13. Criminal history record checks

The executive director of the housing finance agency may require an applicant for

employment to submit to a criminal history record check under section 12-60-24.
N.D. Cent. Code § 54-59-25 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-25
54-59-25. Health information technology advisory committee - Duties
Status: repealed

54-59-25. Health information technology advisory committee - Duties

Repealed by S.L. 2025, ch. 479, § 39.
N.D. Cent. Code § 54-07-06 — ND Code / Title 54 / Chapter 54-07 / Section 54-07-06
54-07-06. Division of economic opportunity
Status: repealed

54-07-06. Division of economic opportunity

Repealed by S.L. 1979, ch. 553, § 20.
N.D. Cent. Code § 54-44.4-05.1 — ND Code / Title 54 / Chapter 54-44.4 / Section 54-44.4-05.1
54-44.4-05.1. Resolution of tie bids or proposals
Status: in_force

54-44.4-05.1. Resolution of tie bids or proposals

In the event that two or more bids or proposals contain identical pricing or receive identical

evaluation scores, preference must be given to a resident North Dakota bidder, seller, vendor,

offeror, or contractor as defined in section 44-08-02.
N.D. Cent. Code § 54-01-02.3 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-02.3
54-01-02.3. Disposal of unclaimed funds
Status: repealed

54-01-02.3. Disposal of unclaimed funds

Repealed by S.L. 1975, ch. 425, § 29.
N.D. Cent. Code § 54-03-29 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-29
54-03-29. Acceptance of gifts - Continuing appropriation
Status: in_force

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

The legislative assembly or either house of the legislative assembly may accept donations

of funds. Funds received as a donation may be expended by the legislative assembly by

concurrent resolution or the appropriate house upon motion. All funds under this section are

appropriated as a continuing appropriation for the purposes contained in the concurrent

resolution or motion approving the expenditure of the funds.
N.D. Cent. Code § 54-30-23 — ND Code / Title 54 / Chapter 54-30 / Section 54-30-23
54-30-23. Land acquired by state through foreclosure sold by state - Proceeds of sale - Where deposited - Sale approved
Status: repealed

54-30-23. Land acquired by state through foreclosure sold by state - Proceeds of sale

- Where deposited - Sale approved.

Repealed by S.L. 1977, ch. 138, § 12.
N.D. Cent. Code § 54-10-26 — ND Code / Title 54 / Chapter 54-10 / Section 54-10-26
54-10-26. State auditor's working papers
Status: in_force

54-10-26. State auditor's working papers

1. Except as provided in this section, working papers of the state auditor are not public

records and are exempt from section 44-04-18. Working papers include records kept

by the auditor of the procedures applied, the tests performed, the information obtained,

draft audit reports, and the pertinent conclusions reached in the engagement. Working

papers may be, at the discretion of the state auditor and unless otherwise prohibited

by law, made available for inspection.

2. Except as provided in subsection 3, a draft audit report released to the governing body

or management of the audited entity is confidential until the final audit report is issued

or work ceases on the audit at which time the audit report becomes an open record.

3. Except as provided in this subsection, a draft audit report for an audit completed in

accordance with performance auditing standards contained in government auditing

standards issued by the comptroller general of the United States to provide an

independent assessment of the performance and management of a program released

to the governing body or management of the audited entity is confidential until the final

version of the audit report is an open record. After the auditor receives the audited

entity's response to the draft report, the auditor shall complete the audit report, which

is then deemed a preliminary audit report. The auditor shall provide the preliminary

audit report and the audited entity's response to the legislative audit and fiscal review

committee for a seven-day review period, except the auditor may not provide any

information that is confidential under subsection 2 of section 54-10-25. During the

review period, the preliminary audit report and the response may not be provided to

any other person except by the legislative audit and fiscal review committee as

necessary to perform the committee's duties as described in section 54-35-02.2. At the

end of the review period, the preliminary audit report is deemed a final audit report,

and the final audit report and the audited entity's response are open records. Reports

for audits performed under subdivision f of subsection 1 of section 54-10-01 or

subdivision a of subsection 2 of section 54-10-01 are not subject to this subsection.

4. The respective working papers of an issued audit report or an audit report presented to

the legislative audit and fiscal review committee are open records unless the state

auditor declares all or a portion of the working papers confidential. The declaration of

confidentiality must state the reason for the confidentiality and the date, as can best be

reasonably determined at the time, when the working papers will be made public.
N.D. Cent. Code § 54-52-29 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-29
54-52-29. Employer service purchases
Status: in_force

54-52-29. Employer service purchases

A participating employer may purchase additional service credit on behalf of a member

under the following conditions:

1. The member may not be given the option to choose between an employer service

purchase and an equivalent amount paid in cash.

2. The member must meet one of the following conditions at the time the purchase is

made:

a. The member's age plus service credit must be equal to or greater than

seventy-five; or

b. The member's age must be at least fifty-five and the member must have at least

three years of service credit.

3. The board must determine the purchase price on an actuarially equivalent basis,

taking into account the contributions necessary for both the retirement program and

the retiree health benefits fund.

4. The purchase must be completed before the member's retirement.

5. The employer may purchase a maximum of five years of service credit on behalf of the

member.

6. The employer must pay the purchase price for the service credit purchased under this

section in a lump sum.
N.D. Cent. Code § 54-17.2-20 — ND Code / Title 54 / Chapter 54-17.2 / Section 54-17.2-20
54-17.2-20. Disposition of income - Building authority fund
Status: in_force

54-17.2-20. Disposition of income - Building authority fund

The proceeds of and any revenue derived from the sale of evidences of indebtedness,

charges, fees, or rentals, and all other revenue derived from any project undertaken pursuant to

this chapter must be held in trust for the purposes of this chapter, in a special fund known as the

building authority fund. Disbursements shall be made from the fund upon the resolution of the

commission. The building authority fund established by this chapter may contain such accounts

as authorized by the commission.
N.D. Cent. Code § 54-01.1-04 — ND Code / Title 54 / Chapter 54-01.1 / Section 54-01.1-04
54-01.1-04. Replacement housing for homeowners
Status: in_force

54-01.1-04. Replacement housing for homeowners

1. In addition to payments otherwise authorized by this chapter, the displacing agency

shall make an additional payment not in excess of twenty-two thousand five hundred

dollars to any displaced person who is displaced from a dwelling actually owned and

occupied by the displaced person for not less than one hundred eighty days prior to

the initiation of negotiations for the acquisition of the property. The additional payment

must include the following elements:

a. The amount, if any, which, when added to the acquisition cost of the dwelling

acquired, equals the reasonable cost of a comparable replacement dwelling;

b. The amount, if any, which will compensate the displaced person for any

increased interest costs and other debt service costs which the person is required

to pay for financing the acquisition of a comparable replacement dwelling. The

amount may be paid only if the dwelling acquired was encumbered by a bona fide

mortgage which was a valid lien on the dwelling for not less than one hundred

eighty days prior to the initiation of negotiations for the acquisition of the dwelling;

and

c. Reasonable expenses incurred by the displaced person for evidence of title,

recording fees, and other closing costs incident to the purchase of the

replacement dwelling, but not including prepaid expenses.

2. The additional payment authorized by this section may be made only to a displaced

person who purchases and occupies a decent, safe, and sanitary replacement

dwelling within one year after the date on which the displaced person receives final

payment from the displacing agency for the acquired dwelling or the date on which the

displacing agency's obligation under section 54-01.1-07 is met, whichever is the later

date, except that the displacing agency may extend the period for good cause. If the

period is extended, the payment under this section must be based on the costs of

relocating the person to a comparable replacement dwelling within one year of such

date.
N.D. Cent. Code § 54-23.3-11 — ND Code / Title 54 / Chapter 54-23.3 / Section 54-23.3-11
54-23.3-11. Prioritization of admission of inmates - Report to legislative management
Status: in_force

54-23.3-11. Prioritization of admission of inmates - Report to legislative management

1. The department of corrections and rehabilitation may refuse to admit inmates

sentenced to the physical custody of the department when the admission of inmates

will exceed the maximum operational capacity of the penitentiary and its affiliated

facilities and result in the department exceeding its authorized legislative appropriation

for contracting for housing inmates in other correctional facilities.

2. For purposes of this section, maximum operational capacity of the department means

the total number of inmates that may be imprisoned at the same time in the

penitentiary and its affiliated facilities.

3. The department shall develop a prison population management plan to prioritize

admissions based on sentences and the availability of space in the penitentiary and its

affiliated facilities. If the plan includes the use of a local jail or correctional facility, the

department shall negotiate the terms of the agreement with each facility. An agreement

under this section must include a minimum daily rate per inmate, including medical

costs, to be paid by the department to the governing body of the jail or correctional

facility beginning the day after the department receives notice from the district court of

an order placing an individual in the care and custody of the department and ending on

the admission date provided by the department.

4. The department shall report annually to the legislative management on the prison

population management plan and inmate admissions and the number of inmates the

department has not admitted after sentencing.
N.D. Cent. Code § 54-18-06 — ND Code / Title 54 / Chapter 54-18 / Section 54-18-06
54-18-06. Manager shall appoint necessary employees
Status: in_force

54-18-06. Manager shall appoint necessary employees

Subject to the control and regulation of the industrial commission, the manager of the

association shall appoint and employ such deputies and other subordinates and such

contractors, architects, builders, attorneys, clerks, accountants, and other experts, agents, and

servants as the manager finds are required by the interests of the association.
N.D. Cent. Code § 54-07-12 — ND Code / Title 54 / Chapter 54-07 / Section 54-07-12
54-07-12. Theodore Roosevelt presidential library and museum endowment fund - Continuing appropriation - Budget section report
Status: in_force

54-07-12. Theodore Roosevelt presidential library and museum endowment fund -

Continuing appropriation - Budget section report.

There is created in the state treasury the Theodore Roosevelt presidential library and

museum endowment fund. The governor may provide for the fund to be invested under the

supervision of the board of university and school lands. The interest and earnings of the fund

are appropriated to the governor on a continuing basis to pay interest expenses on a loan from

the Bank of North Dakota and to provide grants pursuant to this section. The governor may

provide grants to a private entity subject to the following:

1. The private entity has certified to the governor the entity has received the sum of one

hundred million dollars in cash donations and binding pledged donations for the

construction of a presidential library and museum in North Dakota and for grants to

affected entities;

2. The governor has entered an agreement with the private entity in subsection 1 which

includes the following provisions:

a. The grant funds will be spent only for operating and maintenance costs of the

presidential library located in North Dakota;

b. Any unused grant funds will be returned to the state and deposited in the general

fund if the presidential library has not been constructed within the period of time

specified in the agreement or if the library ceases operations;

c. The private entity agrees to donate ten million dollars from the one hundred

million dollars identified in subsection 1 to a higher education institution

foundation in North Dakota, of which two million dollars is for the purpose of

digitizing documents relating to Theodore Roosevelt and eight million dollars is

for the purpose of creating an endowment for the purpose of digitizing documents

relating to Theodore Roosevelt and for creating a Theodore Roosevelt

conservation scholars program and related academic mission at a North Dakota

higher education institution in collaboration with the private entity; and

d. The private entity agrees to donate three hundred thousand dollars to a city in

North Dakota for prior costs incurred related to planning for a presidential library;

3. The governor provides a report to the budget section which includes copies of the

documentation received for the certification provided in subsection 1; and

4. The governor provides a report to the budget section within thirty days of applying for

the loan authorized by S.L. 2019, ch. 26, § 8, which includes all completed loan

application documents.
N.D. Cent. Code § 54-44.6-04 — ND Code / Title 54 / Chapter 54-44.6 / Section 54-44.6-04
54-44.6-04. Duties of manager
Status: in_force

54-44.6-04. Duties of manager

The manager shall:

1. Establish a statewide forms management program, prescribing the standards and

procedures for forms creation and utilization.

2. Conduct surveys of forms management practices to identify forms which can be

standardized, consolidated, or eliminated as duplicative and unnecessary.

3. Assist agencies in the design of those forms which cannot be eliminated to minimize

the effort and costs required to complete them.

4. Establish a forms management program to provide agencies with forms design and

revision services and to develop and implement standards for design, typography,

format, data sequence, analysis, and numbering of state forms.

5. Establish a central state form numbering system and a central cross-index filing

system of state forms.

6. Provide training for agency forms coordinators.
N.D. Cent. Code § 54-12-14 — ND Code / Title 54 / Chapter 54-12 / Section 54-12-14
54-12-14. Assets forfeiture fund - Created - Purpose - Continuing appropriation
Status: in_force

54-12-14. Any funds obtained under this section must be repaid at the end of each biennium

and are not subject to appropriation limitations.
N.D. Cent. Code § 54-34.3-09 — ND Code / Title 54 / Chapter 54-34.3 / Section 54-34.3-09
54-34.3-09. Cooperation with other agencies or private entities to jointly publish or mail publications
Status: repealed

54-34.3-09. Cooperation with other agencies or private entities to jointly publish or

mail publications.

Repealed by S.L. 2001, ch. 488, § 58.
N.D. Cent. Code § 54-27-25.1 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-25.1
54-27-25.1. Water development trust fund expenditures
Status: repealed

54-27-25.1. Water development trust fund expenditures

Repealed by S.L. 2021, ch. 32, § 13.
N.D. Cent. Code § 54-44.4-13.2 — ND Code / Title 54 / Chapter 54-44.4 / Section 54-44.4-13.2
54-44.4-13.2. Multiple award vendor pool contracts - Indefinite-delivery, indefinite-quantity - Multistep competition
Status: in_force

54-44.4-13.2. Multiple award vendor pool contracts - Indefinite-delivery, indefinite-

quantity - Multistep competition.

1. The office of management and budget, in coordination with the state board of higher

education and the information technology department, shall develop guidelines for

establishing multiple award vendor pool contracts, including cooperative purchasing

contracts under section 54-44.4-13. Multiple award vendor pool contracts establish

indefinite-delivery, indefinite-quantity primary contracts with service providers including

hourly rates for various services, unit prices for deliverable products, and provisions for

price adjustments. The guidelines must establish thresholds at which a purchasing

agency or institution may purchase directly from a service provider within the vendor

pool or must obtain secondary competition by soliciting bids or proposals limited to

service providers within the vendor pool. A purchasing agency or institution

establishing a multiple award vendor pool contract or making a purchase from a

vendor pool contract shall comply with guidelines established under this section.

2. A multiple award vendor pool primary contract term may not exceed a total contract

length of five years, including renewals and extensions, unless prior written approval is

obtained as set forth in the guidelines. The work performed under an awarded

secondary contract must be completed within the contract term of the primary vendor

pool contract.

3. The purchasing agency or institution making a purchase from a vendor pool contract

shall prepare a statement of work for the entire project describing the needed services

to determine the level of competition required. The purchasing agency or institution

may not artificially fragment requirements or make serial noncompetitive purchases

from service providers within the vendor pool to circumvent competition requirements.
N.D. Cent. Code § 54-17.8-06 — ND Code / Title 54 / Chapter 54-17.8 / Section 54-17.8-06
54-17.8-06. North Dakota outdoor heritage advisory board - Members
Status: in_force

54-17.8-06. North Dakota outdoor heritage advisory board - Members

1. There is created a North Dakota outdoor heritage advisory board consisting of twelve

members. The governor shall appoint representatives from each of the groups listed in

this section based upon recommendations made by the appropriate group. The

advisory board consists of:

a. Four members from the agriculture community. The governor shall appoint one

member from the North Dakota farm bureau, North Dakota farmers union, the

North Dakota stockmen's association, and the North Dakota grain growers

association.

b. Two members from the energy industry. The governor shall appoint one member

from the North Dakota petroleum council and one member from the lignite energy

council.

c. Four members from the conservation community. The governor shall appoint the

members from the conservation community at large of statewide conservation

groups.

d. One member from the business community from the greater North Dakota

chamber.

e. One member from the North Dakota recreation and park association.

2. The governor also shall appoint to the advisory board one representative from each of

the following agencies to serve as ex officio, nonvoting technical members: the

department of parks and recreation, the department of water resources, the game and

fish department, the office of the state forester, and the North Dakota association of

soil conservation districts.

3. The term of office of each member of the board is four years and members may not

serve more than two consecutive terms. The terms of office commence on the first day

of July. The initial terms for the advisory board members must be staggered following a

method determined by the board.

4. The advisory board shall select a chairman from among the members. Seven voting

members is a quorum at any meeting.

5. The advisory board shall have at least two regular meetings each year and additional

meetings as the chairman determines necessary at a time and place to be fixed by the

chairman. Special meetings must be called by the chairman on written request of any

five members.

6. The advisory board may not forward a grant application to the commission unless the

application is for funding activities that fulfill the purposes of this chapter and the

application receives a favorable recommendation from a majority of the advisory board

members present at a meeting at which a quorum is present.

7. Members of the advisory board appointed by the governor serve at the pleasure of the

governor.
N.D. Cent. Code § 54-53-01 — ND Code / Title 54 / Chapter 54-53 / Section 54-53-01
54-53-01. Upper great plains transportation institute - Establishment
Status: in_force

54-53-01. Upper great plains transportation institute - Establishment

There is hereby established an upper great plains transportation institute. Such institute

must be administered by and in conjunction with the North Dakota state university of agriculture

and applied science. The president and administration of the North Dakota state university of

agriculture and applied science are responsible for the selection of personnel for and the

administration of the institute.
N.D. Cent. Code § 54-18-01 — ND Code / Title 54 / Chapter 54-18 / Section 54-18-01
54-18-01. Definition
Status: in_force

54-18-01. Definition

Whenever the word "association" is used in this chapter, it means the North Dakota mill and

elevator association.
N.D. Cent. Code § 54-55-01 — ND Code / Title 54 / Chapter 54-55 / Section 54-55-01
54-55-01. Commission on uniform state laws - Membership
Status: in_force

54-55-01. Commission on uniform state laws - Membership

1. The commission on uniform state laws consists of:

a. An individual engaged in the practice of law in this state;

b. The dean or a full-time member of the faculty of the law school of the university of

North Dakota;

c. A law-trained judge of a court of record in this state;

d. A member of the house of representatives;

e. A member of the senate; and

f. A member of the legislative council.

2. The attorney general may appoint a member of the commission. The commission also

consists of any residents of this state who, because of long service in the cause of

uniformity of state legislation, have been elected life members of the national

conference of commissioners on uniform state laws, also known as the national

uniform laws commission, and may also consist of any residents of this state who have

been previously appointed to at least five years of service on the commission.

3. Except for the member appointed by the attorney general, the members of the

legislative assembly, the member of the legislative council, any members appointed

under subsection 9, and life members, commissioners must be appointed by the

governor for terms of four years each and shall serve until their respective successors

are appointed.

4. The members of the legislative assembly on the commission must be appointed by the

legislative management for a term not to exceed two years as prescribed by the

legislative management, and the member of the legislative council must be appointed

by the chairman of the legislative management.

5. The term of a commissioner commences on the first day of September.

6. The term of the member appointed by the attorney general may not extend beyond the

term of that attorney general.

7. All commissioners must be residents of the state, except for the commissioners who

have been elected life members of the national conference of commissioners on

uniform state laws.

8. To be eligible for appointment, an individual must be a licensed attorney and in good

standing with the state bar association of North Dakota at the time of first appointment.

9. If a member of the house of representatives or the senate is not eligible to serve as a

commissioner under this chapter, the legislative management may appoint an

individual who is eligible.
N.D. Cent. Code § 54-51-09 — ND Code / Title 54 / Chapter 54-51 / Section 54-51-09
54-51-09. Status of employees of other governments
Status: in_force

54-51-09. Status of employees of other governments

The following provisions control the status of any employees within the state under this

chapter:

1. When any unit of government of this state acts as a receiving agency, employees of

the sending agency who are assigned under authority of this chapter may be

considered to be on detail to the receiving agency.

2. Appointments of persons so assigned may be made without regard to the laws or

regulations governing the selection of employees of the receiving agency. The person

is in the unclassified service of the state.

3. Employees who are detailed to the receiving agency may not by virtue of the detail be

considered to be employees thereof, except as provided in subsection 4. The

supervision of the duties of those employees during the period of detail may be

governed by agreement between the sending agency and the receiving agency.

4. Any employee of a sending agency assigned in this state who suffers disability or

death as a result of personal injury arising out of and in the course of the assignment,

or sustained in the performance of duties in connection therewith, must be treated as

an employee for the purpose of the receiving agency's employee compensation

program, but may not receive benefits for any period for which the employee elects to

receive similar benefits as an employee under the sending agency's employee

compensation program.

5. A receiving agency may with the agreement of the sending agency pay an employee

from a sending agency a full or supplemental salary or wage not to exceed the

appropriate pay for an equivalent position in the receiving or sending agency.
N.D. Cent. Code § 54-44.3-04 — ND Code / Title 54 / Chapter 54-44.3 / Section 54-44.3-04
54-44.3-04. Compensation and expenses of members of board
Status: in_force

54-44.3-04. Compensation and expenses of members of board

Each member of the board is entitled to compensation at the rate of fifty dollars for each day

employed in the official duties of the board and other expenses as provided for by law.
N.D. Cent. Code § 54-40-09 — ND Code / Title 54 / Chapter 54-40 / Section 54-40-09
54-40-09. Human service centers - Powers - Duties
Status: in_force

54-40-09. Human service centers - Powers - Duties

Redesignated as section 50-06-05.3.
N.D. Cent. Code § 54-07-01.2 — ND Code / Title 54 / Chapter 54-07 / Section 54-07-01.2
54-07-01.2. Governor to have power to appoint majority of members of certain boards and commissions - Limitations
Status: in_force

54-07-01.2. Governor to have power to appoint majority of members of certain boards

and commissions - Limitations.

1. Notwithstanding sections 2-05-01, 4.1-05-02, 4.1-26-02, 6-01-03, 6-09-02.1,

12-55.1-02, 12-59-01, 15-39.1-05.1, 15.1-01-01, 15.1-13-02, 20.1-02-23, 23.1-01-02,

36-01-01, 37-18.1-01, 54-54-02, 55-01-01, and 61-02-04, all members of the following

boards and commissions must, subject to the limitations of this section, be considered

to have resigned from such boards and commissions effective January first of the first

year of each four-year term of the governor:

a. The aeronautics commission.

b. The milk marketing board.

c. The dairy promotion commission.

d. The state banking board.

e. The state credit union board.

f. The advisory board of directors to the Bank of North Dakota.

g. The pardon advisory board.

h. The state parole board.

i. The state board of public school education.

j. The education standards and practices board.

k. The board of trustees of the teachers' fund for retirement.

l. The state game and fish advisory board.

m. The environmental review advisory council.

n. The board of animal health.

o. The administrative committee on veterans' affairs.

p. The North Dakota council on the arts.

q. The state historical board.

r. The state water commission.

2. The governor shall have the option of reappointing any member to any board or

commission to complete the term to which the member was appointed, or the governor

may appoint a simple majority of any board or commission to complete the terms of

those resigned members who do not receive reappointments. In order to assure

continuity, the governor shall reappoint for the completion of their original terms no

fewer than one less than a simple majority of the former members of each board or

commission.

3. If the governor has not acknowledged in writing the resignation of any members of any

board or commission prior to July first of the first year of the governor's term, the board

or commission member must be considered to have been reappointed to complete the

term to which the member was originally appointed. All members of boards and

commissions shall continue to serve until the time they are notified of the acceptance

of their resignation by the governor, and in all cases the members of boards and

commissions shall continue to serve until their successors have been named and

qualified.

4. In those instances where nominations for the filling of vacancies on boards and

commissions are submitted to the governor pursuant to state law, the governor shall

notify such persons and organizations of acceptance of the resignation of any board or

commission member. Such persons and organizations shall furnish the governor with

the number of required nominations to fill the vacancies within sixty days after the

notice or the governor may nominate and appoint such members as are otherwise

qualified.

5. The provisions of this section do not apply to those constitutional officers who serve on

boards and commissions, except insofar as a governor may count such constitutional

officers among those the governor reappoints in order to conform to the continuity

requirements of this section.

6. All vacancies created by resignation after July first of the first year of each term of a

governor must be filled as provided by law. If any person refuses an appointment, the

governor shall fill such position as otherwise provided by law.
N.D. Cent. Code § 54-44.4-13.1 — ND Code / Title 54 / Chapter 54-44.4 / Section 54-44.4-13.1
54-44.4-13.1. Purchases - Payment
Status: in_force

54-44.4-13.1. Purchases - Payment

The purchasing agency and the vendor may negotiate payment terms for all commodities

and services procured. If a date for payment is not specified by the contract, payment must be

made pursuant to section 13-01.1-01.
N.D. Cent. Code § 54-18-07 — ND Code / Title 54 / Chapter 54-18 / Section 54-18-07
54-18-07. Compensation of employees and expenditures remain within appropriation
Status: in_force

54-18-07. Compensation of employees and expenditures remain within appropriation

The total compensation of the appointees and employees of the association, together with

other expenditures for the operation and maintenance of the association, must remain within the

appropriation and earnings lawfully available in each year for such purposes.
N.D. Cent. Code § 54-17-32 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-32
54-17-32. Resources trust fund - Commission responsibilities
Status: in_force

54-17-32. Resources trust fund - Commission responsibilities

1. The industrial commission may, within the limits of legislative appropriations, enter into

contracts with institutions of higher education in this state, or with other parties, for the

following purposes:

a. Studies on the development of cogeneration systems.

b. Studies on the promotion and development of energy conservation programs and

renewable energy sources.

c. Studies of the feasibility of developing waste products utilization.

2. The industrial commission may, within the limits of legislative appropriations, provide

for the making of grants in aid of those persons or entities doing research or

development with respect to energy conservation, renewable energy sources,

cogeneration, or waste products utilization. Grants under this subsection must be

made to persons or entities residing, located, or doing business in this state. No grant

made pursuant to this subsection may exceed ten thousand dollars in amount, and

grants may not be made for time periods which run beyond any fiscal biennium during

which the grant is made. As used in this subsection, "entity" means any firm,

partnership, corporation, limited liability company, cooperative, association, or other

business entity, and any governmental entity.

3. The industrial commission may adopt rules to implement its power to make grants and

enter into contracts pursuant to this section. Any rules must be adopted in accordance

with chapter 28-32.
N.D. Cent. Code § 54-01-01 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-01
54-01-01. Original and ultimate title to all property in state
Status: in_force

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

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

in the state.
N.D. Cent. Code § 54-21-24.1 — ND Code / Title 54 / Chapter 54-21 / Section 54-21-24.1
54-21-24.1. Lease of additional space by state agencies, departments, offices, officers, boards, and institutions
Status: in_force

54-21-24.1. Lease of additional space by state agencies, departments, offices,

officers, boards, and institutions.

A lease or rental agreement or renewal of the lease or rental agreement for the lease or

rental of buildings or portions of buildings for use by state agencies, departments, offices,

officers, boards, and institutions, other than institutions under the board of higher education, the

adjutant general and department of transportation office and storage space for field engineering

and maintenance crews, may be entered by the director of the office of management and

budget subject to a determination of the legal sufficiency of the lease or rental agreement. To

ensure economy, efficiency, and cooperation between the state and its political subdivisions,

and to limit the number of locations of state offices for the convenience of individuals traveling to

the offices, the director shall adopt rules governing the lease or rental of additional buildings or

portions of the buildings by state agencies, departments, offices, officers, boards, and

institutions other than those under the board of higher education, the adjutant general, and

department of transportation office and storage space for field engineering and maintenance

crews. The department, agency, or board for which the office space is sought must approve the

office space before the director may finalize a contract or lease for the office space. A lease or

rental agreement entered under this section must include a list of all owners of the leased

property, including each individual with an ownership interest in a business or businesses that

directly or indirectly own the leased property if the individual's aggregate ownership interest in

the leased property is ten percent or more.
N.D. Cent. Code § 54-46-10 — ND Code / Title 54 / Chapter 54-46 / Section 54-46-10
54-46-10. Rules and regulations
Status: in_force

54-46-10. Rules and regulations

The administrator shall promulgate such rules and regulations as are necessary or proper to

effectuate the purposes of this chapter.
N.D. Cent. Code § 54-52-02.11 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-02.11
54-52-02.11. Participation requirements for nonstate elected officials
Status: in_force

54-52-02.11. Participation requirements for nonstate elected officials

1. Before January 1, 2025, eligible elected officials of participating counties, at their

individual option, may enroll in the defined benefit plan within the first six months of

their term.

2. After December 31, 2024, eligible elected officials of participating counties, at their

individual option, may enroll in the defined contribution retirement plan under chapter

54-52.6 within the first six months of their term.
N.D. Cent. Code § 54-52-02.15 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-02.15
54-52-02.15. Public employees retirement system main plan - Closure to new hires - Multiple plan membership
Status: in_force

54-52-02.15. Public employees retirement system main plan - Closure to new hires -

Multiple plan membership.

1. Under this section "eligible employee" means a permanent employee who:

a. Meets all the eligibility requirements set by this chapter;

b. Is at least eighteen years of age;

c. Becomes a participating member after December 31, 2024; and

d. Is not eligible to participate in the public safety plan, judges' plan, highway patrol

plan, teachers' fund for retirement plan, or alternative retirement program

established under section 15-10-17 for university system employees.

2. Effective January 1, 2025, the public employees retirement system defined benefit

main plan maintained for employees is closed to new eligible employees. However, an

employee who becomes a participating or deferred member under this chapter before

January 1, 2025, remains in the defined benefit retirement plan under this chapter,

regardless of being rehired after December 31, 2024.

3. Except as otherwise provided under this section, effective January 1, 2025, an eligible

employee who begins employment with a participating employer shall participate in the

defined contribution retirement plan under chapter 54-52.6 as provided under section

54-52.6-02.1.

4. This section does not impact an employee to the extent the employee is a participating

member in one or more of the following enumerated retirement plans: public safety

plan, judges' plan, highway patrol plan, teachers' fund for retirement plan, or

alternative retirement program established under section 15-10-17 for university

system employees.

a. A participating or deferred member in the defined contribution retirement plan

under chapter 54-52.6 who becomes eligible to participate in a plan enumerated

under this subsection is eligible to participate in the retirement plan enumerated

under this subsection.

b. A participating member of a retirement plan enumerated under this subsection

who becomes an eligible employee is not eligible to participate in the defined

benefit retirement plan under this chapter but instead participates in the defined

contribution retirement plan under chapter 54-52.6. However, this subdivision

does not apply to an individual who before January 1, 2025, is a participating or a

deferred member under this chapter, as that individual continues to participate in

the defined benefit retirement plan under this chapter.

5. The board shall adopt rules to implement this section.

6. This section may not be construed to require a political subdivision to participate in the

defined contribution retirement plan under chapter 54-52.6, even if the political

subdivision has participated or continues to participate in the defined benefit retirement

plan under this chapter. Political subdivision participation in the public employees

retirement system, including the defined contribution retirement plan under chapter

54-52.6, is optional.

7. Notwithstanding sections 54-52-02.1 and 54-52-04, the board may not assess any

fees or costs against a political subdivision for withdrawing from the defined

contribution retirement plan under chapter 54-52.6.
N.D. Cent. Code § 54-01.1-15 — ND Code / Title 54 / Chapter 54-01.1 / Section 54-01.1-15
54-01.1-15. Payments not element of condemnation damages
Status: in_force

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

Nothing in this chapter may be construed as creating, in any condemnation proceedings

brought under the power of eminent domain, any element of value or damage not in existence

prior to July 1, 1973.
N.D. Cent. Code § 54-52-24 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-24
54-52-24. Planning and organizing funds
Status: repealed

54-52-24. Planning and organizing funds

Repealed by S.L. 1969, ch. 456, § 13; S.L. 1969, ch. 457, § 12.
N.D. Cent. Code § 54-06-18 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-18
54-06-18. Director to authorize postage meters
Status: in_force

54-06-18. Director to authorize postage meters

A state agency, department, or institution, except the institutions under the control and

management of the board of higher education, may not obtain or use a postage meter unless

authorized to do so by the director of the office of management and budget. Each state agency,

department, or institution which is authorized by the director to obtain or use a postage meter

shall maintain such records as the director may require and shall allow the director to inspect

such records upon request. The office of management and budget shall keep a record of the

identification numbers of all postage meters authorized for usage.
N.D. Cent. Code § 54-24.2-02.2 — ND Code / Title 54 / Chapter 54-24.2 / Section 54-24.2-02.2
54-24.2-02.2. Maintenance of local effort
Status: repealed

54-24.2-02.2. Maintenance of local effort

Repealed by S.L. 2023, ch. 477, § 7.
N.D. Cent. Code § 54-52.6-16 — ND Code / Title 54 / Chapter 54-52.6 / Section 54-52.6-16
54-52.6-16. State income tax deductions
Status: in_force

54-52.6-16. State income tax deductions

For the purposes of state income tax, the assessment imposed by this chapter on the

employee must be treated in accordance with existing state statutes on state income tax.
N.D. Cent. Code § 54-30-05 — ND Code / Title 54 / Chapter 54-30 / Section 54-30-05
54-30-05. Denominations - Maturity - Interest rate
Status: in_force

54-30-05. Denominations - Maturity - Interest rate

The bonds issued under this chapter must be payable in not more than thirty years from the

date of issue. The terms of the bonds as to denominations, period of maturity, and rate of

interest must be fixed by the commission.
N.D. Cent. Code § 54-44.3-05 — ND Code / Title 54 / Chapter 54-44.3 / Section 54-44.3-05
54-44.3-05. Secret ballot election - Guidelines
Status: in_force

54-44.3-05. Secret ballot election - Guidelines

The secretary of state shall develop guidelines for a secret ballot election among all

employees eligible under sections 54-44.3-19 and 54-44.3-20 to carry out the election of the two

members of the board elected by classified employees. All elections of members of the board

are the responsibility of the director who will ensure that proper and due notification is given to

all employees in sufficient time to enable potential candidates to initiate necessary petitions and

conduct campaigns. Nominees for candidacy are required to submit petitions containing no less

than one hundred names of employees in good standing classified under sections 54-44.3-19

and 54-44.3-20. All elections will be conducted through a secret ballot process.
N.D. Cent. Code § 54-35-11 — ND Code / Title 54 / Chapter 54-35 / Section 54-35-11
54-35-11. Preparation for and assistance to legislative assembly - Custody of equipment - Approval of delayed vouchers
Status: in_force

54-35-11. Preparation for and assistance to legislative assembly - Custody of

equipment - Approval of delayed vouchers.

The legislative council, on behalf of the legislative assembly, may make all necessary

arrangements before each legislative session for the procurement of necessary supplies,

equipment, services other than the employment of legislative employees, building space, or any

other preparations or arrangements the legislative council determines necessary or desirable to

be made before the commencement of each legislative session in order to facilitate the proper

convening and operation of the legislative assembly. The legislative council shall act as the

custodial agency to ensure the proper storage and safekeeping of legislative supplies and

equipment during the interim periods between legislative sessions, and may approve vouchers

on behalf of the legislative assembly for the payment from legislative appropriations of delayed

billings or other billings for legislative expenses during periods when the legislative assembly is

not in session. The legislative council shall carry out such duties or projects and provide such

service and assistance to the legislative assembly or its committees, the legislative

management or its committees, and members of the legislative assembly as may be requested

by concurrent resolution of the legislative assembly or determined necessary or desirable in

assisting the legislative assembly or the legislative management in meeting its responsibilities

and carrying out its duties during the legislative session or the interim between sessions.
N.D. Cent. Code § 54-46-11 — ND Code / Title 54 / Chapter 54-46 / Section 54-46-11
54-46-11. Annual report
Status: in_force

54-46-11. Annual report

The annual report of the information technology department made in accordance with

section 54-59-19 must describe the status and progress of programs established pursuant to

this chapter and must include the recommendations of the administrator for improvements in the

management of records in the state government.
N.D. Cent. Code § 54-57-08 — ND Code / Title 54 / Chapter 54-57 / Section 54-57-08
54-57-08. Advisory council
Status: in_force

54-57-08. Advisory council

There is created a state advisory council for administrative hearings. The advisory council

must be a committee or subcommittee of the state bar association of North Dakota, appointed

by its president. The advisory council shall meet with the director at least semiannually and shall

advise the director on policy matters affecting the office of administrative hearings and on rules

adopted by the director.
N.D. Cent. Code § 54-01.1-07 — ND Code / Title 54 / Chapter 54-01.1 / Section 54-01.1-07
54-01.1-07. Assurance of availability of housing
Status: in_force

54-01.1-07. Assurance of availability of housing

1. If a program or project undertaken by a displacing agency cannot proceed on a timely

basis because comparable replacement dwellings are not available and the head of

the displacing agency determines that such dwellings cannot otherwise be made

available, the head of the displacing agency may take such action as is necessary or

appropriate to provide such dwellings by use of funds authorized for such project. The

displacing agency may use this section to exceed the maximum amounts that may be

paid under sections 54-01.1-04 and 54-01.1-05 on a case-by-case basis for good

cause as determined in accordance with section 54-01.1-08 regulations issued by the

state agency.

2. No person may be required to move from a dwelling on account of any program or

project undertaken by the displacing agency unless the displacing agency is satisfied

that comparable replacement housing is available to the person.

3. The displacing agency shall assure that a person will not be required to move from a

dwelling unless the person has had a reasonable opportunity to relocate to a

comparable replacement dwelling, except in the case of:

a. A major disaster as defined in section 102(2) of the Federal Disaster Relief Act of

1974;

b. A national emergency declared by the president; or

c. Any other emergency that requires the person to move immediately from the

dwelling because continued occupancy of the dwelling by the person constitutes

a substantial danger to the health or safety of the person.
N.D. Cent. Code § 54-54-11 — ND Code / Title 54 / Chapter 54-54 / Section 54-54-11
54-54-11. State troubadour
Status: in_force

54-54-11. State troubadour

The chairman of the North Dakota council on the arts shall designate an individual to serve

as the official state troubadour or trobairitz for a term of five years. The chairman may fill any

vacancy by appointment for the unexpired portion of the term vacated.
N.D. Cent. Code § 54-52-17.7 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-17.7
54-52-17.7. Employment records
Status: in_force

54-52-17.7. Employment records

The years of service and prior service credit for each member as indicated in the records of

the public employees retirement system as of July 1, 1991, are deemed correct and recognized

as creditable years of service and prior service credit for purposes of calculating retirement

benefits under this chapter and may not be reduced. However, the records may be corrected to

reflect additional months of creditable service and prior service credit upon proper verification.
N.D. Cent. Code § 54-44-04.5 — ND Code / Title 54 / Chapter 54-44 / Section 54-44-04.5
54-44-04.5. Federal surplus property - Office of management and budget responsible for distribution - Powers and duties of director
Status: in_force

54-44-04.5. Federal surplus property - Office of management and budget responsible

for distribution - Powers and duties of director.

1. The office of management and budget is responsible for the fair and equitable

distribution, through donation, of all federal surplus property transferred to the state in

accordance with the Federal Property and Administrative Services Act of 1949, as

amended [63 Stat. 378; 40 U.S.C. 484(j)], hereinafter referred to as the federal Act.

2. The director of the office of management and budget, or the director's designee:

a. May receive, investigate, and make recommendations on applications for federal

surplus property available under the federal Act.

b. May acquire any federal surplus property transferred to the state under the

federal Act.

c. May distribute any federal surplus property pursuant to the federal Act to:

(1) Any public agency for use in carrying out or promoting for the residents of a

given political subdivision one or more public purposes; or

(2) Nonprofit educational institutions, public health institutions, or organizations

which are exempt from taxation under section 501 of the federal Internal

Revenue Code, for purposes of education or public health or research for

those purposes.

d. May store the federal surplus property.

e. Shall develop, submit, and implement a state plan of operation for distribution of

federal surplus property and comply with the federal Act and rules and regulations

adopted thereunder. Provided, the director may continue the state plan of

operation developed by the department of public instruction.

f. May cooperate and enter into agreements with other surplus property agencies

and federal agencies to screen and acquire surplus property and exchange

property, facilities, personnel, and services.

g. May provide information and assistance for acquiring federal surplus property to

entities listed in subdivision c.

h. May assess and collect service charges from participating recipients to cover

direct and reasonable cost of services under this section. The service charges

must be deposited with the state treasurer in a surplus property special fund and

used pursuant to the federal Act. The state treasurer shall credit all interest

earned to the fund if the director requests the state treasurer to invest portions of

the fund.

i. Adopt rules and take other action necessary to distribute federal surplus property

pursuant to the federal Act.

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

purchase available federal property under applicable federal property management

regulations for distribution according to this section.
N.D. Cent. Code § 54-21-17 — ND Code / Title 54 / Chapter 54-21 / Section 54-21-17
54-21-17. Construction superintendent - Appointment - Duties
Status: repealed

54-21-17. Construction superintendent - Appointment - Duties

Repealed by S.L. 1983, ch. 511, § 8.
N.D. Cent. Code § 54-68-07 — ND Code / Title 54 / Chapter 54-68 / Section 54-68-07
54-68-07. Records - Confidentiality - Disclosure - Penalty
Status: in_force

54-68-07. Records - Confidentiality - Disclosure - Penalty

1. For purposes of this chapter, confidential records as defined under section 44-04-17.1

include:

a. Identifiable information that may reasonably be used to identify a guardian,

conservator, complainant, or an individual applying for or receiving services; and

b. A report concerning an applicant, provider, or recipient of public services.

2. Confidential information may be disclosed only:

a. In the administration of a program under the supervision or administration of the

office; or

b. When authorized or required by administrative rule, court rule, or law.

3. The office may disclose information uncovered during a disciplinary investigation to the

attorney general or bureau of criminal investigation related to a criminal investigation

when the investigation counsel suspects the subject of the investigation has committed

a crime.

4. A person that discloses, authorizes, or knowingly allows, participates in, or acquiesces

in the disclosure of confidential information in violation of this section is guilty of a

class C felony.
N.D. Cent. Code § 54-40.1-06 — ND Code / Title 54 / Chapter 54-40.1 / Section 54-40.1-06
54-40.1-06. Dissolution of regional council
Status: in_force

54-40.1-06. Dissolution of regional council

A regional council may be dissolved as prescribed in the agreements, rules, or procedures

of the regional council. Upon dissolution, all properties of the regional council will be converted

to cash or evaluated as to worth and divided among participating units of general local

government in proportion to the amount of their financial participation.
N.D. Cent. Code § 54-17-33 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-33
54-17-33. State trust created - Agricultural mortgage secondary market
Status: in_force

54-17-33. State trust created - Agricultural mortgage secondary market

The industrial commission may establish a trust for the purpose of participating as an

agricultural mortgage marketing facility in the agricultural mortgage secondary market program

established pursuant to the Agricultural Credit Act [Pub. L. 100-233; 101 Stat. 1686; 12 U.S.C.

2279aa-2279aa-14], as amended through December 31, 1996. The industrial commission may

take any action necessary to qualify as a certified facility.
N.D. Cent. Code § 54-12-01.3 — ND Code / Title 54 / Chapter 54-12 / Section 54-12-01.3
54-12-01.3. Judicial officers - Legal defense - Indemnification
Status: in_force

54-12-01.3. Judicial officers - Legal defense - Indemnification

The attorney general shall appear and defend any supreme court justice, supreme court

surrogate justice, district court judge, district court surrogate judge, judicial referee, or director of

juvenile court of this state in any action founded upon an act or omission arising out of

performance of an official duty. If the attorney general determines that the attorney general or an

assistant attorney general is unable to defend the judicial officer, the attorney general shall

employ a special assistant attorney general to represent the judicial officer. The state shall

indemnify the supreme court justice, supreme court surrogate justice, district court judge, district

court surrogate judge, judicial referee, or director of juvenile court of this state for all reasonable

costs, including attorney's fees, incurred by or awarded against the judicial officer in the action.
N.D. Cent. Code § 54-03.2-07 — ND Code / Title 54 / Chapter 54-03.2 / Section 54-03.2-07
54-03.2-07. Hearings
Status: in_force

54-03.2-07. Hearings

An investigating committee may hold hearings appropriate for the performance of its duties,

at such times and places as the committee determines.

The committee shall provide by its rules that each member of the committee be given at

least three days' written notice of any hearing to be held when the legislative assembly is in

session and at least seven days' written notice of any hearing to be held when the legislative

assembly is not in session. Such notices must include a statement of the subject matter of the

hearing. A hearing, and any action taken at a hearing, may not be deemed invalid solely

because notice of the hearing was not given in accordance with this requirement.

Any investigating committee may not conduct a hearing unless a quorum is present.
N.D. Cent. Code § 54-24.4-01 — ND Code / Title 54 / Chapter 54-24.4 / Section 54-24.4-01
54-24.4-01. North Dakota library coordinating council - Members - Term
Status: in_force

54-24.4-01. North Dakota library coordinating council - Members - Term

The North Dakota library coordinating council consists of eleven members. The president of

the North Dakota library association, or the president's designee, is an ex officio voting member

of the council. The state librarian is an ex officio nonvoting member of the council. The governor

shall appoint nine members to the council; one of whom must represent a public or private

higher education institution library; two of whom must represent libraries at large; one of whom

must represent school libraries; two of whom must represent public libraries; one of whom must

represent disabled, economically disadvantaged, and minority populations; and two must be

citizens at large. All appointed members, except citizens at large, must be practicing librarians.

The governor shall take into account reasonable geographic considerations when appointing

members of the council. The term of each member is three years. If at any time during a

member's term the member ceases to possess the qualifications required by this section, the

member's office is deemed vacant, and the governor shall appoint a qualified representative to

complete the term of office. No member may be appointed to serve more than two consecutive

three-year terms.
N.D. Cent. Code § 54-17.2-05.1 — ND Code / Title 54 / Chapter 54-17.2 / Section 54-17.2-05.1
54-17.2-05.1. Lease of state property to commission - Leaseback to state
Status: in_force

54-17.2-05.1. Lease of state property to commission - Leaseback to state

Notwithstanding any other provision in this chapter, the state may lease any project or other

property to the commission, in lieu of a transfer of title, and the commission may sublease or

leaseback any such project or property back to the state in connection with any financing by the

commission under this chapter. Any reference in this chapter to the power or authority of the

commission or the state to sell, convey, or lease any project or other property to the other must

be deemed to include the power or authority to lease, sublease, or leaseback such project or

property, as the case may be.
N.D. Cent. Code § 54-21-26.1 — ND Code / Title 54 / Chapter 54-21 / Section 54-21-26.1
54-21-26.1. Director may sell penitentiary lands
Status: repealed

54-21-26.1. Director may sell penitentiary lands

Repealed by S.L. 1991, ch. 595, § 3.
N.D. Cent. Code § 54-40-08 — ND Code / Title 54 / Chapter 54-40 / Section 54-40-08
54-40-08. Agreements for the use by political subdivisions of buildings and facilities of the state
Status: in_force

54-40-08. Agreements for the use by political subdivisions of buildings and facilities

of the state.

1. Any county, city, township, city park district, school district, or other political subdivision

of this state may enter into an agreement with any agency, board, or institution of the

state for the use of buildings and facilities under the control of that state agency,

board, or institution for a period of time as the parties may determine to be necessary.

Before an agreement pursuant to this section is effective, the respective governing

body or officer of the state agency, board, or institution must approve the agreement

and the attorney general must determine that the agreement is legally sufficient.

2. The political subdivision, pursuant to an agreement for the use of buildings and

facilities, may make improvements to the buildings or facilities instead of any rental or

other payments, but all improvements must first be approved by the governing body or

officer of the state agency, board, or institution. The buildings and facilities may be

moved or replaced at any time during the term of an agreement, and the political

subdivision may use the buildings and facilities constructed in place of the original

buildings and facilities for the remainder of the term of the agreement.
N.D. Cent. Code § 54-09-03 — ND Code / Title 54 / Chapter 54-09 / Section 54-09-03
54-09-03. Secretary of state to mark books distributed
Status: repealed

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

Repealed by S.L. 1999, ch. 449, § 1.
N.D. Cent. Code § 54-40.5-03 — ND Code / Title 54 / Chapter 54-40.5 / Section 54-40.5-03
54-40.5-03. Transfer of powers or functions to the county
Status: in_force

54-40.5-03. Transfer of powers or functions to the county

A political subdivision may enter into an agreement for the transfer of the legal,

administrative, and financial responsibilities for carrying out a power or function of the political

subdivision as required or permitted by law or home rule charter. The agreement must include:

1. The nature of the power or function to be transferred;

2. The effective date of the proposed transfer;

3. The responsibility for administration of the power or function to be transferred;

4. The manner in which affected employees currently engaged in the performance of the

power or function will be transferred, reassigned, or otherwise treated;

5. The manner in which real property, facilities, equipment, or other personal property

required in the exercise of the power or function are to be transferred, sold, or

otherwise disposed of;

6. The method of financing, establishing, and maintaining a budget for the power or

function; and

7. Other legal, financial, and administrative arrangements necessary to affect the transfer

in an orderly and equitable manner.
N.D. Cent. Code § 54-06-40 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-40
54-06-40. Proxy voting
Status: in_force

54-06-40. Proxy voting

1. Proxy votes made on behalf of state funds or the funds of political subdivisions which

receive investment management services from the state must be made in accordance

with the requirements provided in section 21-10-08.1.

2. A state entity may not adopt a practice of following the recommendations of a proxy

advisory firm or other service provider unless the proxy advisory firm's or the service

provider's voting guidelines comply with the requirements of section 21-10-08.1.
N.D. Cent. Code § 54-29-02 — ND Code / Title 54 / Chapter 54-29 / Section 54-29-02
54-29-02. When state bonds may be canceled and destroyed
Status: in_force

54-29-02. When state bonds may be canceled and destroyed

Any bonds issued by the state and the interest coupons accompanying them, if any, must

be canceled and destroyed according to the provisions of the resolution or other related

documents of the industrial commission.
N.D. Cent. Code § 54-34.4-05 — ND Code / Title 54 / Chapter 54-34.4 / Section 54-34.4-05
54-34.4-05. Copyright and trademark
Status: in_force

54-34.4-05. Copyright and trademark

The director of the department of commerce division of tourism may obtain copyright or

trademark protection for anything that may be used to promote the policies listed in section
N.D. Cent. Code § 54-16-12 — ND Code / Title 54 / Chapter 54-16 / Section 54-16-12
54-16-12. Board of higher education land acquisition approval
Status: in_force

54-16-12. Board of higher education land acquisition approval

The emergency commission may approve the acquisition of property near one of the state

institutions of higher education, and if requested and found necessary may make funds

available from the state contingencies appropriation to the board of higher education for the

purpose of acquiring the property if the emergency commission finds that:

1. The property is needed for expansion in the foreseeable future;

2. The property in all probability will not again be offered for sale at a similar price in the

foreseeable future; and

3. The legislative assembly has not previously rejected a similar request and the time

during which the purchase must be consummated does not permit obtaining a

legislative appropriation.

Determination that an emergency exists is not a condition precedent to the approval of a

purchase or a grant of funds from the state contingencies appropriation under this section.
N.D. Cent. Code § 54-44.3-16 — ND Code / Title 54 / Chapter 54-44.3 / Section 54-44.3-16
54-44.3-16. Agency personnel officers
Status: in_force

54-44.3-16. Agency personnel officers

The elected or appointed chief officer of each agency or department of the service shall

designate a staff employee to serve as personnel officer for that division of the service to assist

the chief officer in that person's duty to administer personnel responsibilities specified in this

chapter and by the personnel rules. The designated personnel officer of each agency or

department shall certify to the agency elected or appointed chief officer that each person

holding a position in the classified service authorized for payment through payroll has been

classified in accordance with the provisions of this chapter and the rules and orders under this

chapter and that the rate of pay is within established current salary ranges or excepted from the

ranges by written authorization by the director.
N.D. Cent. Code § 54-52-06.2 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-06.2
54-52-06.2. Contribution by national guard security officers or firefighters - Employer contribution
Status: in_force

54-52-06.2. Contribution by national guard security officers or firefighters - Employer

contribution.

Each national guard security officer or firefighter who is a member of the public employees

retirement system is assessed and shall pay monthly four percent of the employee's monthly

salary. Member contributions increase by one-half of one percent of the member's monthly

salary beginning with the monthly reporting period of January 2014. Effective August 1, 2015,

each national guard security officer or firefighter who is a participating member of the plan under

this section becomes a participating member of the plan under section 54-52-06.4 and the

board shall thereafter manage any account balance associated with those participating

members under section 54-52-06.4. After July 31, 2015, a new eligible employee may not

become a participating member of the plan under this section. The assessment must be

deducted and retained out of the employee's salary in equal monthly installments. The national

guard security officer's or firefighter's employer shall contribute an amount determined by the

board to be actuarially required to support the level of benefits specified in section 54-52-17.

The employer's contribution must be paid from funds appropriated for salary or from any other

funds available for such purposes. If the security officer's or firefighter's assessment is paid by

the employer under subsection 3 of section 54-52-05, the employer shall contribute, in addition,

an amount equal to the required national guard security officer's or firefighter's assessment.
N.D. Cent. Code § 54-17.3-08 — ND Code / Title 54 / Chapter 54-17.3 / Section 54-17.3-08
54-17.3-08. Violation of sections 54-17.3-01 through 54-17.3-08 - Penalty
Status: in_force

54-17.3-08. Violation of sections 54-17.3-01 through 54-17.3-08 - Penalty

Any person violating any provision of sections 54-17.3-01 through 54-17.3-08 is guilty of a

class B misdemeanor and shall forfeit to the state all paleontological specimens discovered by

the violator at that site. Any such violation is considered to have been committed in the county

where the exploration, collecting, or excavation for paleontological resources was undertaken.
N.D. Cent. Code § 54-63.1-02 — ND Code / Title 54 / Chapter 54-63.1 / Section 54-63.1-02
54-63.1-02. Clean sustainable energy authority - Purpose
Status: in_force

54-63.1-02. Clean sustainable energy authority - Purpose

There is created the clean sustainable energy authority to support research, development,

and technological advancements through partnerships and financial support for the large scale

development and commercialization of projects, processes, activities, and technologies that

reduce environmental impacts and increase sustainability of energy production and delivery.

The purpose of the financial support is to enhance the production of clean sustainable energy,

to make the state a world leader in the production of clean sustainable energy, and to diversify

and grow the state's economy.
N.D. Cent. Code § 54-60-17 — ND Code / Title 54 / Chapter 54-60 / Section 54-60-17
54-60-17. Division of workforce development - Internships, apprenticeships, and work experience opportunities
Status: in_force

54-60-17. Division of workforce development - Internships, apprenticeships, and work

experience opportunities.

The division of workforce development shall administer a program to increase use of

internships, apprenticeships, and work experience opportunities for higher education students,

high school students enrolled in grade eleven or twelve, and educators. The primary focus of

this program must be higher education internships in target industries. This program shall

provide services to employers, communities, and business organizations to increase internship,

apprenticeship, and work experience opportunities. The department shall maintain records of

the number of internship, apprenticeship, and work experience opportunities subsidized within

each funding recipient.
N.D. Cent. Code § 54-40-01 — ND Code / Title 54 / Chapter 54-40 / Section 54-40-01
54-40-01. Agreement - Exercise of joint powers - Bonds
Status: in_force

54-40-01. Agreement - Exercise of joint powers - Bonds

1. Two or more governmental units or municipal corporations having in common any

portion of their territory or boundary, by agreement entered into through action of their

governing bodies, may jointly or cooperatively exercise their respective separate

powers, or any power common to the contracting parties or any similar powers,

including those which are the same except for the territorial limits within which they

may be exercised for the purpose of acquiring, constructing, and maintaining any

building for their joint use. The term "governmental unit" as used in this section

includes every city, county, park district, school district, states and United States

governments and departments of each thereof, and all other political subdivisions even

though not specifically named or referred to herein.

2. Two or more counties or cities, or any combination of counties or cities, whether or not

they have in common any portion of their territory or boundary, by agreement entered

into through action of their governing bodies, may jointly or cooperatively exercise their

respective separate powers, or any power common to the contracting parties or any

similar powers, for the purpose of acquiring equipment or constructing roads, bridges,

and road and bridge improvements.

3. An agency, department, or institution of this state may enter an agreement with the

state of South Dakota to form a bistate authority to jointly exercise any function that

the entity is authorized by law to perform. Any agreement entered under this

subsection must be submitted to the legislative assembly or, if the legislative assembly

is not in session, to the legislative management for approval or rejection and may not

become effective until approved by the legislative assembly or the legislative

management.

4. Counties or cities, or any combination of counties or cities, may jointly issue bonds in

the same manner and for the purposes provided for in chapter 21-03.
N.D. Cent. Code § 54-06-14.6 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-14.6
54-06-14.6. Sick leave for consequences of domestic violence, a sex offense, stalking, or terrorizing
Status: in_force

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

or terrorizing.

1. As used in this section:

a. "Domestic violence" has the same meaning as provided under section

14-07.1-01.

b. "Immediate family member" means a spouse, parent, child, or sibling as provided

under section 12.1-17-07.1.

c. "Sex offense" means an offense under chapter 12.1-20.

d. "Stalking" means an offense under section 12.1-17-07.1.

e. "Terrorizing" means an offense under section 12.1-17-04.

2. Under section 54-06-14, an employing unit shall grant an employee's request to use

sick leave to:

a. Seek legal or law enforcement assistance or remedies to ensure the health and

safety of the employee or employee's immediate family members, including

preparing for or participating in any civil or criminal legal proceeding related to or

derived from domestic violence, a sex offense, stalking, or terrorizing;

b. Seek treatment by a health care provider for physical or mental injuries caused by

domestic violence, a sex offense, stalking, or terrorizing, or to attend to health

care treatment for a victim of such offenses who is the employee's immediate

family member;

c. Obtain or assist an immediate family member in obtaining services from a

domestic violence shelter, rape crisis center, or other social services program for

relief from domestic violence, a sex offense, stalking, or terrorizing;

d. Obtain or assist an immediate family member in obtaining mental health

counseling related to an incident of domestic violence, sex offense, stalking, or

terrorizing, in which the employee or the employee's immediate family member

was a victim of domestic violence, a sex offense, stalking, or terrorizing; or

e. Participate in safety planning, temporary or permanent relocation, or take other

actions to increase the safety of the employee or employee's family members

from future domestic violence, a sex offense, stalking, or terrorizing.

f. In the discretion of the employee's supervisor, the sick leave hours may be limited

to forty hours per calendar year.
N.D. Cent. Code § 54-35-10 — ND Code / Title 54 / Chapter 54-35 / Section 54-35-10
54-35-10. Compensation of members and leadership
Status: in_force

54-35-10. Compensation of members and leadership

1. The members of the legislative management and the members of any committee of

the legislative management are entitled to be compensated for the time spent in

attendance at sessions of the legislative management and of its committees at the rate

of two hundred nineteen dollars through June 30, 2026, and two hundred twenty-six

dollars thereafter per day and must also be paid for expenses incurred in attending

said meetings and in the performance of their official duties in the amounts provided by

law for other state officers.

2. In addition to the compensation provided in subsection 1, the chairman of the

legislative management is entitled to receive an additional ten dollars for each day

spent in attendance at sessions of the legislative management and of its committees,

and the chairman of each of the legislative management's committees is entitled to

receive ten dollars for each day spent in attendance at sessions of the legislative

management or of the committee which the person chairs.
N.D. Cent. Code § 54-06-04 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-04
54-06-04. Form and number of reports to be submitted
Status: in_force

54-06-04. Form and number of reports to be submitted

1. The following executive and administrative officers and departments shall submit to the

governor and the secretary of state reports covering their operations for the two

preceding fiscal years, except as otherwise provided by law, not later than the first day

of December each year after the regular session of the legislative assembly:

a. Secretary of state.

b. State auditor.

c. Insurance commissioner.

d. Attorney general.

e. Agriculture commissioner.

f. Superintendent of public instruction.

g. State tax commissioner.

h. Public service commission.

i. Department of corrections and rehabilitation.

j. Department of transportation.

k. Department of health and human services.

l. Office of management and budget.

m. State treasurer.

n. Labor commissioner.

o. Department of financial institutions.

p. Game and fish department.

q. Industrial commission.

r. Job service North Dakota.

s. Board of university and school lands.

t. Department of environmental quality.

2. A committee composed of the director of the state historical society, the state librarian,

and the secretary of state, or other persons designated to represent them, shall meet

at the call of the secretary of state to set the requirements for form, style, materials,

and content of biennial reports.

3. This section does not prohibit the executive and administrative officers and

departments enumerated in subsection 1 from receiving additional copies of their

reports as may be available and printed.

4. All officers, departments, boards, commissions, and state institutions that submit

reports covering their operations for the two preceding fiscal years to the governor and

the secretary of state shall submit copies of their reports in the form and style, using

the materials, and having the content prescribed under subsection 2 on or before the

first day of December in each year after the regular session of the legislative assembly.

If submitted, one copy of each report must be also distributed to the following

agencies:

a. Legislative council.

b. Office of management and budget.

c. State law library.

d. The libraries of each state institution of higher education.

e. State archivist for official and public use.

5. All executive and administrative officers and departments that submit reports under

this section shall bear the costs of the preparation and any printing of the reports.

6. All reports required under this section to be submitted to the secretary of state must be

subsequently transmitted by the secretary of state to the state archivist for official and

public use following their receipt and review by the secretary of state.

7. In lieu of printed biennial reports, an agency identified in subsection 1, may post the

materials and contents determined under subsection 2 on the agency website not later

than the date specified under subsection 1 and retain the materials on its website until

the subsequent biennial report is posted to the agency website or biennial reports are

printed and delivered under this section. An agency that elects to post the biennial

report information on the agency's website shall transmit in electronic form the

contents to the state archivist in the manner and format determined by the director of

the state historical society.
N.D. Cent. Code § 54-17.7-12 — ND Code / Title 54 / Chapter 54-17.7 / Section 54-17.7-12
54-17.7-12. Access to authority records
Status: in_force

54-17.7-12. Access to authority records

1. Materials and data submitted to, or made or received by, the authority, to the extent

that the authority determines the materials or data consist of trade secrets or

commercial, financial, or proprietary information of individuals or entities applying to or

contracting with the authority or receiving authority services under this chapter are

subject to section 44-04-18.4.

2. A person or entity must file a request with the authority to have material designated as

confidential under subsection 1. The request must contain any information required by

the authority, and must include at least:

a. A general description of the nature of the information sought to be protected.

b. An explanation of why the information derives independent economic value,

actual or potential, from not being generally known to other persons.

c. An explanation of why the information is not readily ascertainable by proper

means by other persons.

d. A general description of any person or entity that may obtain economic value from

disclosure or use of the information and how the person or entity may obtain this

value.

e. A description of the efforts used to maintain the secrecy of the information.

f. The fact that a request has been made is exempt.

3. The information submitted pursuant to subsection 2 is confidential. The authority shall

examine the request and determine whether the information is relevant to the matter at

hand and is a trade secret under the definition in section 47-25.1-01 or 44-04-18.4. If

the authority determines the information is either not relevant or not a trade secret, the

authority shall notify the requester and the requester may ask for the return of the

information and request within ten days of the notice. If no return is sought, the

information and request are a public record.
N.D. Cent. Code § 54-55-05 — ND Code / Title 54 / Chapter 54-55 / Section 54-55-05
54-55-05. No compensation for commissioners - Commissioners entitled to reimbursement
Status: in_force

54-55-05. No compensation for commissioners - Commissioners entitled to

reimbursement.

1. Except as provided for members of the legislative assembly under section 54-03-20,

the commissioners shall serve without compensation for services as commissioners.

2. The commissioners who are appointed to the commission and the commissioners who

have been elected life members of the national conference of commissioners on

uniform state laws, also known as the national uniform law commission, are entitled to

be reimbursed, from moneys appropriated for that purpose, for necessary expenses

incurred in performing their duties at the rates provided in sections 44-08-04 and

54-06-09.

3. Warrant-checks for expense reimbursement must be prepared by the office of

management and budget upon vouchers submitted by the commissioners.
N.D. Cent. Code § 54-35-15.4 — ND Code / Title 54 / Chapter 54-35 / Section 54-35-15.4
54-35-15.4. Information technology committee - Information technology reviews
Status: in_force

54-35-15.4. Information technology committee - Information technology reviews

The information technology committee may request the state auditor to conduct an

information technology compliance review. The review may consist of an audit of an agency's

information technology management, information technology planning, compliance with

information technology plans, and compliance with information technology standards and

policies or an audit of statewide compliance with specific information technology standards and

policies.
N.D. Cent. Code § 54-02-20 — ND Code / Title 54 / Chapter 54-02 / Section 54-02-20
54-02-20. State sport
Status: in_force

54-02-20. State sport

Curling is the official sport of the state of North Dakota.
N.D. Cent. Code § 54-34-15 — ND Code / Title 54 / Chapter 54-34 / Section 54-34-15
54-34-15. Private sponsor
Status: in_force

54-34-15. Private sponsor

The department of commerce division of economic development and finance may endeavor

to locate a private sector sponsor or group of sponsors to assume administration of the venture

capital network.
N.D. Cent. Code § 54-05.1-01 — ND Code / Title 54 / Chapter 54-05.1 / Section 54-05.1-01
54-05.1-01. Legislative intent
Status: in_force

54-05.1-01. Legislative intent

It is hereby declared to be the intent of the legislative assembly to require that lobbyists

register as such before engaging in lobbying activity and to require certain reporting procedures

by lobbyists.
N.D. Cent. Code § 54-23.3-10.1 — ND Code / Title 54 / Chapter 54-23.3 / Section 54-23.3-10.1
54-23.3-10.1. Supervision for presentence programs
Status: in_force

54-23.3-10.1. Supervision for presentence programs

The department of corrections and rehabilitation has the authority to supervise a defendant

while the defendant is participating in a prosecution-led, or pretrial diversion program under

section 11-16-16 or rule 32.2 of the North Dakota Rules of Criminal Procedure, or any other

pretrial services program.
N.D. Cent. Code § 54-52-06.4 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-06.4
54-52-06.4. Contribution by peace officers, dispatchers, firefighters, and correctional officers employed by the state or security officers employed by the national guard - Employer contribution (Retroactive application - See note)
Status: in_force

54-52-06.4. Contribution by peace officers, dispatchers, firefighters, and correctional

officers employed by the state or security officers employed by the national guard -

Employer contribution. (Retroactive application - See note )

1. a. Each peace officer employed by the bureau of criminal investigation who is a

member of the public employees retirement system is assessed and shall pay

monthly four percent of the employee's monthly salary. Peace officer

contributions increase by one percent of the member's monthly salary beginning

with the monthly reporting period of January 2012; with an additional increase of

one percent, beginning with the reporting period of January 2013; with an

additional increase of one percent, beginning with the reporting period of

January 2024; and with an additional increase of one percent, beginning with the

reporting period of January 2025.

b. Each correctional officer, dispatcher, firefighter, and peace officer employed by

the state, other than a peace officer employed by the bureau of criminal

investigation, who is a member of the public employees retirement system is

assessed and shall pay six percent of the employee's monthly salary.

c. Effective August 1, 2015, each national guard security officer who is a member of

the public employee's retirement system is assessed and monthly shall pay

six percent of the employee's monthly salary. National guard security officer

contributions decrease by one-half of one percent of the member's monthly salary

beginning with the monthly reporting period of January 2016.

d. The assessment under this subsection must be deducted and retained out of the

employee's salary in equal monthly installments.

2. The employer of a correctional officer, dispatcher, firefighter, or peace officer employed

by the state or a national guard security officer shall contribute an amount determined

by the board to be actuarially required to support the level of benefits specified in

section 54-52-17. The employer's contribution must be paid from funds appropriated

for salary or from any other funds available for such purposes. If the correctional

officer's, dispatcher's, firefighter's, peace officer's, or security officer's assessment is

paid by the employer under subsection 3 of section 54-52-05, the employer shall

contribute, in addition, an amount equal to the required correctional officer's,

dispatcher's, firefighter's, peace officer's, or security officer's assessment.
N.D. Cent. Code § 54-01-29 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-29
54-01-29. Prohibition on the purchase of certain real property and easements with public funds
Status: in_force

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

public funds.

A governmental entity may not provide funds through grant, contract, or other agreement to

a nongovernmental entity that is a nonprofit organization for the purpose of holding any interest

in real property or an easement for wildlife or conservation purposes. This section does not

apply to a governmental entity in a partnership with a nongovernmental entity, if the

governmental entity derives a benefit from the partnership. In addition, the recipient of these

funds is subject to civil action by any person for the return of any public funds used by the

recipient for any of the same purposes.
N.D. Cent. Code § 54-44.3-29 — ND Code / Title 54 / Chapter 54-44.3 / Section 54-44.3-29
54-44.3-29. Acceptance of federal funds
Status: in_force

54-44.3-29. Acceptance of federal funds

The director is authorized to accept federal funds through grant-aided agencies or directly

for the purpose of operating or ensuring operation of a merit personnel system.
N.D. Cent. Code § 54-02-21 — ND Code / Title 54 / Chapter 54-02 / Section 54-02-21
54-02-21. State rock
Status: in_force

54-02-21. State rock

Knife River flint is the official rock of the state of North Dakota.
N.D. Cent. Code § 54-40.5-02 — ND Code / Title 54 / Chapter 54-40.5 / Section 54-40.5-02
54-40.5-02. Definitions
Status: in_force

54-40.5-02. Definitions

As used in this chapter:

1. "County" means the county in which a political subdivision is located.

2. "Political subdivision" means a city, township, city park district, school district, or other

unit of local government or special district or authority in this state.
N.D. Cent. Code § 54-17-15 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-15
54-17-15. Commission to fix prices of things bought and sold by industry
Status: in_force

54-17-15. Commission to fix prices of things bought and sold by industry

The industrial commission shall fix the buying prices of things bought, and the selling prices

of things sold, incidental to any utility, industry, enterprise, or business project of the state, and

shall fix the rates and charges for any and all services rendered thereby. In fixing such prices,

rates, and charges, the commission shall make provision for accumulating a fund with which to

replace, in the general fund of the state, any amount received from the state.
N.D. Cent. Code § 54-18-11 — ND Code / Title 54 / Chapter 54-18 / Section 54-18-11
54-18-11. Name in which business conducted and titles taken - Execution of written instruments
Status: in_force

54-18-11. Name in which business conducted and titles taken - Execution of written

instruments.

All business of the association must be conducted under the name of "North Dakota mill

and elevator association". Title to property pertaining to the operation of the association must be

obtained and conveyed in the name of the state of North Dakota, doing business as the North

Dakota mill and elevator association. Written instruments must be executed in the name of the

state of North Dakota, signed by any two members of the industrial commission, of whom the

governor must be one, or by the manager of the association within the scope of the manager's

authority, as defined by the commission or by other officers, employees, or legal counsel of the

association as authorized by the industrial commission.
N.D. Cent. Code § 54-52.1-04.8 — ND Code / Title 54 / Chapter 54-52.1 / Section 54-52.1-04.8
54-52.1-04.8. Uniform group insurance program - Long-term care plan
Status: in_force

54-52.1-04.8. Uniform group insurance program - Long-term care plan

The board may establish a long-term care plan for eligible employees. The board shall

receive bids for the plan under section 54-52.1-04. The board may reject any or all bids and

provide a plan of self-insurance. Premiums for this plan must be paid by the eligible employee.

Any refund, rebate, dividend, experience rating allowance, discount, or other reduction of

premium must be credited as provided by section 54-52.1-06.
N.D. Cent. Code § 54-59.1-03 — ND Code / Title 54 / Chapter 54-59.1 / Section 54-59.1-03
54-59.1-03. Ongoing disclosure to the department during a cybersecurity incident
Status: in_force

54-59.1-03. Ongoing disclosure to the department during a cybersecurity incident

Until a cybersecurity incident is resolved, an entity shall disclose clarifying details regarding

a cybersecurity incident to the department, including:

1. The number of potentially exposed records;

2. The type of records potentially exposed, including health insurance information,

medical information, criminal justice information, regulated information, financial

information, and personal information;

3. Efforts the entity is undertaking to mitigate and remediate the damage of the incident

to the entity and other affected entities; and

4. The expected impact of the incident, including:

a. The disruption of the entity services;

b. The effect on customers and employees that experienced data or service losses;

c. The effect on entities receiving wide area network services from the department;

and

d. Other concerns that could potentially disrupt or degrade the confidentiality,

integrity, or availability of information systems, data, or services that may affect

the state.
N.D. Cent. Code § 54-52.4-01 — ND Code / Title 54 / Chapter 54-52.4 / Section 54-52.4-01
54-52.4-01. Definitions
Status: in_force

54-52.4-01. Definitions

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

1. "Child" means a child by birth, an adopted or foster child, a stepchild, or a legal ward,

who is:

a. Less than eighteen years of age; or

b. More than seventeen years of age and incapable of providing self-care because

of a serious health condition.

2. "Employee" means an individual employed in this state by an employer, who has been

employed by the employer for at least twelve months, and who has worked at least

one thousand two hundred fifty hours for the employer over the previous twelve

months.

3. "Employer" means the state but does not include any political subdivision of the state.

4. "Employment benefit" means all benefits provided or made available to employees by

an employer, including education, health care, insurance, leave, and retirement

benefits.

5. "Health care provider" means a registered nurse licensed under chapter 43-12.1, a

physician licensed under chapter 43-17, a psychologist licensed under chapter 43-32,

or a licensed certified social worker licensed under chapter 43-41.

6. "Health care services" means services rendered by a health care provider within the

scope of the provider's license, including long-term care and hospice and hospital

care.

7. "Parent" means a birth parent, foster parent, adoptive parent, or stepparent.

8. "Serious health condition" means a disabling physical or mental illness, injury,

impairment, or condition involving:

a. Inpatient care in a hospital licensed under chapter 23-16 or operated by the

United States or this state, long-term care facility as defined in section

50-10.1-01, or hospice program licensed under chapter 23-17.4; or

b. Outpatient care that requires continuing treatment by a health care provider.

9. "Spouse" means an employee's husband or wife.
N.D. Cent. Code § 54-17-19 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-19
54-17-19. Failure to testify or produce evidence - Contempt
Status: in_force

54-17-19. Failure to testify or produce evidence - Contempt

Any person failing or refusing to obey the order of the industrial commission issued upon an

investigation, or to give or produce evidence when required, must be reported by the

commission to the district court or any judge thereof, and must be dealt with by the court or

judge as for contempt of court.
N.D. Cent. Code § 54-17.8-02 — ND Code / Title 54 / Chapter 54-17.8 / Section 54-17.8-02
54-17.8-02. North Dakota outdoor heritage fund - Continuing appropriation
Status: in_force

54-17.8-02. North Dakota outdoor heritage fund - Continuing appropriation

There is created a North Dakota outdoor heritage fund that is governed by the commission.

Any money deposited in the fund is appropriated on a continuing basis to the commission for

the purposes of this chapter. Interest earned by the fund must be credited to the fund. The

commission shall keep accurate records of all financial transactions performed under this

chapter.
N.D. Cent. Code § 54-44-04.7 — ND Code / Title 54 / Chapter 54-44 / Section 54-44-04.7
54-44-04.7. Responsibility to administer unassigned statutory functions of state government
Status: in_force

54-44-04.7. Responsibility to administer unassigned statutory functions of state

government.

The office of management and budget shall administer all statutory functions assigned to

the executive branch of state government but not statutorily placed with any specific state entity.
N.D. Cent. Code § 54-17.7-09 — ND Code / Title 54 / Chapter 54-17.7 / Section 54-17.7-09
54-17.7-09. Bonds as legal investments
Status: in_force

54-17.7-09. Bonds as legal investments

The bonds of the authority are legal investments which may be used as collateral for public

funds of the state, insurance companies, banks, savings and loan associations, credit unions,

investment companies, trustees, and other fiduciaries which may properly and legally invest

funds in their control or belonging to them in bonds of the authority. The state investment board

may invest in bonds of the authority in an amount specified by the state investment board.
N.D. Cent. Code § 54-11-10 — ND Code / Title 54 / Chapter 54-11 / Section 54-11-10
54-11-10. Treasurer accountable for delinquencies
Status: in_force

54-11-10. Treasurer accountable for delinquencies

If in any instance the state treasurer neglects to call to account any delinquent, whereby the

public revenue may suffer a loss, the state treasurer must be held and deemed accountable for

the sums due by such delinquent to all intents and purposes the same as if the funds actually

had been paid into the state treasurer's office.
N.D. Cent. Code § 54-01.1-14 — ND Code / Title 54 / Chapter 54-01.1 / Section 54-01.1-14
54-01.1-14. Appeal procedure
Status: in_force

54-01.1-14. Appeal procedure

Any person or business concern aggrieved by a final administrative determination pursuant

to chapter 28-32 concerning eligibility for relocation payments authorized by this chapter may

appeal that determination to the district court in the judicial district in which the land taken for

public use is located or the voluntary rehabilitation program is conducted.
N.D. Cent. Code § 54-68-15 — ND Code / Title 54 / Chapter 54-68 / Section 54-68-15
54-68-15. Supreme court power
Status: in_force

54-68-15. Supreme court power

A court of this state may refer cases to the office. The court may adopt court rules as

necessary to facilitate case management with the district courts, the office, and the review

board.
N.D. Cent. Code § 54-34.3-11 — ND Code / Title 54 / Chapter 54-34.3 / Section 54-34.3-11
54-34.3-11. Mutual fund capital pool - Authorization
Status: in_force

54-34.3-11. Mutual fund capital pool - Authorization

The division of economic development and finance, in conjunction with the agricultural

products utilization commission, may establish a mutual fund capital pool to attract farm and

nonfarm investments in value-added processing projects.
N.D. Cent. Code § 54-34-09 — ND Code / Title 54 / Chapter 54-34 / Section 54-34-09
54-34-09. Office of economic opportunity
Status: repealed

54-34-09. Office of economic opportunity

Repealed by S.L. 1969, ch. 433, § 2.
N.D. Cent. Code § 54-17.2-08 — ND Code / Title 54 / Chapter 54-17.2 / Section 54-17.2-08
54-17.2-08. State's option to purchase - Conveyance on exercise of option
Status: in_force

54-17.2-08. State's option to purchase - Conveyance on exercise of option

A financing agreement must provide that the state may, at the expiration of the original or

any extended term, purchase the project at a stated price, which must be the balance of the

total project cost not amortized by the payments previously made by the state. The financing

agreement must provide that if the option to purchase the project has been exercised or if the

financing agreement has been extended for the full number of years which it may be extended,

and all payments provided for in the financing agreement have been made and all project costs

have been paid, the commission shall convey its interest in the project to the lessee.
N.D. Cent. Code § 54-01-27 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-27
54-01-27. Lease of state-owned property
Status: in_force

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

Notwithstanding any other provision of law, the state, or any agency or institution of the

state, may enter agreements to lease all or part of, or an undivided or other interest in, any real

or personal property belonging to the state, or any agency or institution of the state, to and, or,

from any agency or institution of the state or any person for such compensation and upon such

terms and conditions as the parties under such agreement may stipulate. Such agreements

must be authorized by the board, if any, or commissioner or other executive officer of the

commission, agency, or institution holding, controlling, possessing, or owning the property or on

whose behalf the property is held. For purposes of this section, the agreements include any

lease, sublease, purchase agreement, lease-purchase agreement, installment purchase

agreement, leaseback agreement, or other contract, agreement, instrument, or arrangement

pursuant to which any rights, interests, or other property are transferred to, by, or from any party

to, by, or from one or more parties, and any related documents entered or to be entered,

including any operating agreement, service agreement, indemnity agreement, participation

agreement, loan agreement, or payment undertaking agreement entered as part of a long-term

lease and leaseback transaction. A lease obligation under this section may not exceed a term of

ninety-nine years. A lease obligation entered into under this section is payable solely from

revenues to be derived by the state, or any agency or institution of the state, from the

ownership, sale, lease, disposition, and operation of the property; any funds or investments

permitted under state law, and any earnings thereon, to the extent pledged therefor; revenues to

be derived by the state, or any agency or institution of the state, from any support and operating

agreement, service agreement, or any other agreement relating to the property; funds, if any,

appropriated annually by the legislative assembly or received from federal sources; and income

or proceeds from any collateral pledged or provided therefor. A lease obligation under this

section does not constitute an indebtedness of the state, or any agency or institution of the

state, or a pledge of the full faith and credit or unlimited taxing resources of the state, or any

agency or institution of the state. Notwithstanding any other law, the state, or any agency or

institution of the state, may solicit and accept one or more proposals for a lease transaction,

including the arrangement thereof, under this section, and accept any proposal that is

determined to be in the public interest. The public finance authority, on behalf of the state, or

any agency or institution of the state, may do and perform any acts and things authorized by this

section, including making, entering, and enforcing all contracts or agreements necessary,

convenient, or desirable for the purposes of this section.
N.D. Cent. Code § 54-52-14.1 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-14.1
54-52-14.1. Investment of moneys in fund
Status: in_force

54-52-14.1. Investment of moneys in fund

Investment of the fund is under the supervision of the state investment board in accordance

with chapter 21-10. Such moneys must be placed for investment only with a firm or firms whose

endeavor is money management, and only after a trust agreement or contract has been

executed. Investment costs may be paid directly from the fund, and are hereby appropriated for

that purpose, in accordance with section 21-10-06.2.
N.D. Cent. Code § 54-27-11 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-11
54-27-11. Appropriation - Record kept by office of management and budget - Duties and limitations
Status: in_force

54-27-11. Appropriation - Record kept by office of management and budget - Duties

and limitations.

The office of management and budget shall keep a record showing:

1. The total amount appropriated for maintenance for each state officer or agency, and of

each separate item thereof.

2. The amount equal to seventy-five and twenty-five percent of the total appropriated and

each separate item thereof.

3. The amount expended and the balance on hand. The term expended includes

amounts which are payable for which funds have not yet been disbursed.

The office of management and budget may not allow any expenditure or issue any warrant

during the first eighteen months of each biennium in excess of seventy-five percent of any item

appropriated for salaries and wages and operating expenses for any state official or state

agency in the executive branch of government. The duties and limitations imposed upon the

office of management and budget apply only to the total amount appropriated for salaries and

wages and operating expenses for the biennium but not to separate amounts appropriated for

those line items, for all penal and charitable institutions of this state and all institutions under the

jurisdiction and supervision of the state board of higher education. The administrative

department, office, or board shall keep a record showing the amount, equal to seventy-five and

twenty-five percent, respectively, of the total amount and of each separate item appropriated for

salaries and wages and operating expenses for all such institutions under its control and is

responsible for the enforcement of the restrictions upon the expenditure of all moneys

appropriated to such institutions for such purposes.
N.D. Cent. Code § 54-12-21 — ND Code / Title 54 / Chapter 54-12 / Section 54-12-21
54-12-21. Recovery of funds - Limitations
Status: in_force

54-12-21. Recovery of funds - Limitations

All funds recovered by the attorney general as a result of negotiated settlements or court

proceedings must be deposited in a special fund in the state treasury and may be appropriated

only by the legislative assembly, except when:

1. A specific fund or special account is otherwise designated by law; or

2. The options open to the attorney general leave no choice as to the disposition of the

proceeds if the state is to recover funds in a multistate settlement.
N.D. Cent. Code § 54-23.3-08 — ND Code / Title 54 / Chapter 54-23.3 / Section 54-23.3-08
54-23.3-08. Authority to lease land under the jurisdiction of the department
Status: in_force

54-23.3-08. Authority to lease land under the jurisdiction of the department

The department of corrections and rehabilitation may lease land under the jurisdiction of the

department for the purpose of the construction and operation of a prerelease center.

Subsection 12 of section 54-23.3-04 does not apply to the lease authorized by this section. The

lease expires when the leased property is no longer used for a prerelease center, when the

lease operator breaches any material part of the lease, or twenty years after the date of the

lease, whichever occurs first, and all rights, title, and interest in any buildings, fixtures, and

improvements vest and remain with the state.
N.D. Cent. Code § 54-57-03.1 — ND Code / Title 54 / Chapter 54-57 / Section 54-57-03.1
54-57-03.1. Hearings after judgment
Status: in_force

54-57-03.1. Hearings after judgment

The office of administrative hearings may not hold hearings on the same issue involving the

same parties as the original hearing after a judgment has been rendered by a court concerning

that issue unless authorized to or directed to by that court.
N.D. Cent. Code § 54-44.8-08 — ND Code / Title 54 / Chapter 54-44.8 / Section 54-44.8-08
54-44.8-08. Telephone access line and radio communications access surcharge
Status: in_force

54-44.8-08. Telephone access line and radio communications access surcharge

1. Before May first of each year, the department shall report all cost data and other

information to the commission. Each local exchange company and radio

communications service provider shall report all information requested by the

department in order to determine the number of telephone access lines and radio

communications access service numbers. Before June first of each year, the

commission shall determine the amount of a surcharge, not to exceed eleven cents

per telephone access line per month, based upon available cost data and other

information provided by the department necessary to cover the costs of providing

intrastate telecommunications relay service as provided in section 401 of the federal

Americans with Disabilities Act of 1990 [47 U.S.C. 225], including the cost of

implementing and administering this chapter which includes the provision of

specialized equipment to eligible persons, and taking into consideration any surplus in

the telecommunications services account. The surcharge is imposed effective on its

determination by the commission and must be billed and collected as provided in this

chapter. The surcharge is subject to section 49-21-01.3. Funding for the interstate

portion of the state telecommunications relay service must be provided in a manner

consistent with rules and orders adopted by the federal communications commission

in implementing the federal Americans with Disabilities Act. The department shall notify

each local exchange company and radio communications service provider, in writing,

of the amount of the monthly surcharge determined by the commission.

2. Each local exchange company and radio communications service provider shall

include and identify the surcharge determined under subsection 1 in its monthly billing

for service to a customer of the company or provider.

3. Each customer of a local exchange company or radio communications service

provider is liable for payment to the local exchange company or radio communications

service provider of any surcharge imposed pursuant to this chapter. The local

exchange company or radio communications service provider is not liable for any

uncollected surcharge, nor does the company have an obligation to take any legal

action to enforce the collection of any surcharge that is unpaid by its customers.

4. No customer of a local exchange company may be required to pay the surcharge on

more than one hundred telephone access lines per account and no customer of a

radio communications service provider may be required to pay the surcharge on more

than one hundred radio communications access service numbers per account in this

state.

5. Except as provided in subsection 6, a local exchange company or radio

communications service provider shall transmit all surcharges billed and collected to

the department no later than the last day of the month following the end of the

calendar quarter in which the surcharge is collected. The administrator shall remit the

surcharges received to the state treasurer. The state treasurer shall deposit all

surcharges received in the state treasury to the credit of the telecommunications

services account for the communications impaired.

6. Each local exchange company or radio communications service provider may deduct

and retain five percent of the total surcharges billed and collected each month to cover

its administrative expense in complying with the requirements of subsections 2, 3, 4,

and 5.
N.D. Cent. Code § 54-44-08 — ND Code / Title 54 / Chapter 54-44 / Section 54-44-08
54-44-08. Director to institute suits in name of state
Status: in_force

54-44-08. Director to institute suits in name of state

The director of the office of management and budget shall institute suit in the name of the

state against:

1. Officials for all official delinquencies in relation to the assessment, collection, and

payment of the revenue.

2. Persons who by any means have become possessed of public moneys or property

and who fail or neglect to pay for or deliver the same.

3. All persons indebted to the state.
N.D. Cent. Code § 54-01.1-12 — ND Code / Title 54 / Chapter 54-01.1 / Section 54-01.1-12
54-01.1-12. Displacement by federally assisted building code enforcement or by voluntary rehabilitation
Status: in_force

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

voluntary rehabilitation.

A person who moves or discontinues a business or moves other personal property, or

moves from a dwelling as the direct result of a federally assisted building code enforcement

program, or of a program of rehabilitation of buildings conducted pursuant to a governmental

program, is deemed to be a displaced person for the purposes of this chapter.
N.D. Cent. Code § 54-27-15 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-15
54-27-15. Procedure when canceled warrant presented for payment
Status: repealed

54-27-15. Procedure when canceled warrant presented for payment

Repealed by S.L. 1989, ch. 649, § 2.
N.D. Cent. Code § 54-06-37 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-37
54-06-37. Authorization to purchase or lease aircraft - Legislative assembly or budget section approval - Exception
Status: in_force

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

section approval - Exception.

1. As used in this section, "airworthy" means an aircraft conforms to its type design and

is in a condition for safe operation.

2. Except as otherwise provided in subsections 3 and 4, a state agency or other entity of

state government may not purchase or lease a manned aircraft without specific

authorization from the legislative assembly or the budget section if the legislative

assembly is not in session. Any request considered by the budget section must comply

with section 54-35-02.9.

3. In an emergency circumstance, a state agency, department, or institution may lease a

manned aircraft without approval from the legislative assembly or the budget section if

an aircraft currently leased or owned by the state agency, department, or institution is

not airworthy. The emergency lease under this subsection may extend only until the

aircraft deemed not airworthy is determined to be airworthy.

4. A state agency, department, or institution may purchase a replacement aircraft without

approval from the legislative assembly or the budget section if an aircraft is destroyed

beyond repair and only insurance proceeds are used for the purchase of the

replacement aircraft. If the purchase price of a replacement aircraft exceeds the

insurance proceeds, the state agency, department, or institution must receive

authorization in accordance with subsection 2.

5. This section does not apply to aircraft purchased or leased by the office of the adjutant

general or the university of North Dakota school of aviation.
N.D. Cent. Code § 54-35.2-05 — ND Code / Title 54 / Chapter 54-35.2 / Section 54-35.2-05
54-35.2-05. Reports
Status: in_force

54-35.2-05. Reports

Each task force on intergovernmental issues shall report its findings and recommendations

and any proposed legislation necessary to implement the recommendations to the legislative

management by the deadline provided by the legislative management when the task force was

appointed. A majority of the members of each task force and a majority of the legislative

assembly members of each task force must vote in favor of any proposed legislation before the

proposed legislation may be recommended to the legislative management.
N.D. Cent. Code § 54-01.1-16 — ND Code / Title 54 / Chapter 54-01.1 / Section 54-01.1-16
54-01.1-16. Real property acquisition policies
Status: in_force

54-01.1-16. Real property acquisition policies

Any state agency engaged in a federally assisted program or project involving the

acquisition of real property must be guided, to the greatest extent practicable under state law, by

the real property acquisition policies set forth in the Uniform Relocation Assistance and Real

Property Acquisition Policies Act of 1970 [Pub. L. 91-646; 42 U.S.C. 4651-4654] and the 1987

amendments enacted in title IV of the Surface Transportation and Uniform Relocation

Assistance Act of 1987 [Pub. L. 100-17; 101 Stat. 255-256].
N.D. Cent. Code § 54-44.3-12.2 — ND Code / Title 54 / Chapter 54-44.3 / Section 54-44.3-12.2
54-44.3-12.2. Employee complaints - Cooperation in development and implementation of basic agency grievance procedures and a statewide appeal mechanism - Appeals
Status: in_force

54-44.3-12.2. Employee complaints - Cooperation in development and implementation

of basic agency grievance procedures and a statewide appeal mechanism - Appeals.

It is the intent of the state of North Dakota to assure fair and equitable treatment and

promote harmony between and among all classified employees by requiring affected agencies

to adopt grievance procedures and through the creation of a statewide appeals mechanism with

primary jurisdiction to entertain and resolve classified employee appeals. It is the policy of this

state to resolve bona fide employee complaints as quickly as possible. The division shall

cooperate with and assist the various departments, agencies, and institutions of the state in the

development and implementation of basic agency grievance procedures and a statewide appeal

mechanism. The division shall certify appeals from nonprobationary employees in the classified

service which are related to discrimination, merit system qualification, reprisals, reduction in

force, forced relocation, demotion with loss of pay, suspension without pay, and dismissal, and

from applicants for positions in the classified service and probationary employees in the

classified service which are related to discrimination or reprisal. Upon receipt of an appeal, the

division shall submit a written request to the director of the office of administrative hearings to

designate an administrative law judge for the division to conduct the hearing and related

proceedings, including receiving evidence and preparing findings of fact, conclusions of law, and

issuing a final decision. The moving party in the initial action bears the burden of proof in the

appeal. An appeal to the district court from the determination of the administrative law judge

must be filed according to chapter 28-32, including proper service upon the division, but neither

the division nor the office of administrative hearings may be named as a party to the appeal

under chapter 28-32 unless an employee of one of those two agencies is involved in the

grievance.
N.D. Cent. Code § 54-44.4-10 — ND Code / Title 54 / Chapter 54-44.4 / Section 54-44.4-10
54-44.4-10. Competitive sealed proposals - Exempt records
Status: in_force

54-44.4-10. Competitive sealed proposals - Exempt records

1. A contract for commodities or services may be entered by competitive sealed

proposals when a determination is made that the use of competitive sealed bidding is

either not practicable or not advantageous to the state. The request for proposal must

state the relative importance of price and other factors and subfactors, if any.

2. Proposals must be opened so as to avoid disclosure of contents to competing offerors

during the process of negotiation. All proposals received pursuant to a competitive

sealed proposal process are exempt records under subsection 5 of section 44-04-17.1

until an award is made.

3. Discussions may be conducted with responsible offerors who submit proposals

determined to be reasonably susceptible of being selected for award for the purpose of

clarification to assure full understanding of, and responsiveness to, the solicitation

requirements. Offerors must be accorded fair and equal treatment with respect to any

opportunity for discussion and revision of proposals, and revisions may be permitted

after submissions and before award for the purpose of obtaining best and final offers.

In conducting discussions, there may be no disclosure of any information derived from

proposals submitted by competing offerors.

4. Unless all proposals are rejected, award must be made to the responsible offeror

whose proposal conforms to the solicitation and is determined, in writing, to be the

most advantageous to the state, taking into consideration price and the evaluation

factors set forth in the request for proposals. No other factors or criteria may be used

in the evaluation. The contract file must contain the basis on which the award is made.

Written notice of the award of the contract to the successful offeror must be promptly

given to all offerors.
N.D. Cent. Code § 54-69-02 — ND Code / Title 54 / Chapter 54-69 / Section 54-69-02
54-69-02. Advanced technology review committee - Membership - Meetings
Status: in_force

54-69-02. Advanced technology review committee - Membership - Meetings

1. The advanced technology review committee consists of:

a. The chief information officer or a designee within the information technology

department;

b. The vice chancellor for information technology or a designee within the North

Dakota university system;

c. One individual from the private sector with significant information and advanced

technology knowledge, appointed by the governor;

d. One individual from the private sector with significant information and advanced

technology knowledge, appointed by the majority leader of the house of

representatives;

e. One individual from the private sector with significant information and advanced

technology knowledge, appointed by the majority leader of the senate; and

f. The commissioner, or a designee within the department of commerce, who shall

serve as a nonvoting member of the committee and provide recommendations to

the committee regarding grant awards.

2. By July first of each odd-numbered year, the chief information officer and vice

chancellor for information technology shall compile a list of individuals with significant

private sector information and advanced technology knowledge working within the

state to be forwarded to the governor and the majority leaders of the house of

representatives and senate. The governor and the majority leaders of the house of

representatives and senate must consider the listed individuals for committee

membership appointments.

3. The chief information officer, vice chancellor for information technology, and

commissioner are permanent members of the committee. The term of office of the

members of the committee appointed from the private sector is four years except the

initial term of office of the individual appointed by the majority leader of the senate is

three years and the initial term of office of the individual appointed by the governor is

two years. Each term of office commences on August first. Members serve at the

pleasure of the appointing entity and may be reappointed for additional terms. By

August first of each year, the chairman of the legislative management shall select one

of the appointed members to serve as the chairman of the committee. The chairman of

the committee shall select a vice chair. If a committee member ceases to qualify as a

member of the appointing entity, that individual's membership on the committee

ceases immediately and the appointing entity shall appoint a new member to the

committee for the remainder of the term.

4. A committee member representing the private sector is entitled to receive

compensation in an amount not exceeding one hundred thirty-five dollars per day and

travel and expense reimbursement as provided by law for state officers for attending

meetings of the committee, to be paid by the department within the limits of legislative

appropriations.

5. The committee shall meet as necessary at the call of the committee chairman to

review and approve grant applications from entrepreneurs, startup companies, and

small businesses that are in the initial phases of advanced technology product

research, development, and innovation and are unable to access financial resources

for prototype product development.
N.D. Cent. Code § 54-52-17.9 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-17.9
54-52-17.9. Prior service retiree adjustment
Status: repealed

54-52-17.9. Prior service retiree adjustment

Repealed by S.L. 2001, ch. 494, § 10.
N.D. Cent. Code § 54-61-01 — ND Code / Title 54 / Chapter 54-61 / Section 54-61-01
54-61-01. Commission on legal counsel for indigents - Membership
Status: in_force

54-61-01. Commission on legal counsel for indigents - Membership

1. The commission on legal counsel for indigents is established for the purpose of

developing and monitoring a process for the delivery of state-funded legal counsel

services for indigents which are required under the Constitution of North Dakota and

the United States Constitution and any applicable statute or court rule. The

commission shall provide indigent defense services for indigent individuals determined

by the court to be eligible for and in need of those services pursuant to the standards

and policies of the commission governing eligibility for such services. For purposes of

establishing release conditions at an initial appearance, an incarcerated individual is

presumed indigent.

2. The commission consists of the following members:

a. Two members appointed by the governor, one of whom must be appointed from a

county with a population of not more than ten thousand.

b. Two members of the legislative assembly, one from each house, appointed by the

chairman of the legislative management.

c. Two members appointed by the chief justice of the supreme court, one of whom

must be appointed from a county with a population of not more than ten

thousand.

d. One member appointed by the board of governors of the state bar association of

North Dakota.

3. Appointing authorities shall make their initial appointments to the commission before

August 1, 2005.

4. Initially, as determined by lot, one member will serve for one year, three members will

serve for two years, and three members will serve for three years. At the expiration of

the initial terms, the appointing authorities designated in subsection 2 shall make

appointments for three-year terms. A member may not serve more than two

consecutive three-year terms plus any initial term of less than three years.

5. Individuals appointed to the commission should have experience in the defense of

criminal cases or other cases in which appointed counsel services are required or

should have demonstrated a commitment to quality representation in indigent defense

matters. Membership of the commission may not include any individual, or the

employee of that individual, who is actively serving as a judge, state's attorney,

assistant state's attorney, contract counsel or public defender, or law enforcement

officer.

6. A member of the commission is entitled to reimbursement for travel and expenses as

provided by law for other state officers. If not otherwise employed by the state of North

Dakota, a member is entitled to receive per diem compensation of sixty-two dollars

and fifty cents for each day devoted to attending meetings or performing other duties

relating to the official business of the commission. A member of the commission who is

a member of the legislative assembly is entitled to receive per diem compensation at

the rate as provided under section 54-35-10 for each day devoted to attending

meetings or performing other duties relating to the official business of the commission.

The legislative council shall pay the per diem compensation and reimbursement for

travel and expenses as provided by law for any member of the commission who is a

member of the legislative assembly.

7. One of the two appointees of the chief justice, as determined by the chief justice, shall

convene the commission's first meeting no later than August 15, 2005. The members

of the commission shall select the chairman of the commission within thirty days after

the commission's first meeting and annually thereafter.
N.D. Cent. Code § 54-52-06.3 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-06.3
54-52-06.3. Contribution by peace officers, firefighters, dispatchers, emergency medical services personnel, and correctional officers employed by political subdivisions - Employer contribution
Status: in_force

54-52-06.3. Contribution by peace officers, firefighters, dispatchers, emergency

medical services personnel, and correctional officers employed by political

subdivisions - Employer contribution.

1. Each peace officer, firefighter, dispatcher, emergency medical services personnel, or

correctional officer employed by a political subdivision that enters an agreement with

the retirement board on behalf of its peace officers, firefighters, dispatchers,

emergency medical services personnel, and correctional officers separately from its

other employees and who is a member of the public employees retirement system is

assessed and shall pay monthly four percent of the employee's monthly salary. Peace

officer, firefighter, dispatcher, emergency medical services personnel, or correctional

officer contributions increase by one-half of one percent of the member's monthly

salary beginning with the monthly reporting period of January 2012, and with an

additional increase of one-half of one percent, beginning with the monthly reporting

period of January 2013, and with an additional increase of one-half of one percent,

beginning with the monthly reporting period of January 2014. The assessment must be

deducted and retained out of the employee's salary in equal monthly installments.

2. The peace officer's, firefighter's, dispatcher's, emergency medical services

personnel's, or correctional officer's employer shall contribute an amount determined

by the board to be actuarially required to support the level of benefits specified in

section 54-52-17. If the peace officer's, firefighter's, dispatcher's, emergency medical

services personnel's, or correctional officer's assessment is paid by the employer

under subsection 3 of section 54-52-05, the employer shall contribute, in addition, an

amount equal to the required peace officer's, firefighter's, dispatcher's, emergency

medical services personnel's, or correctional officer's assessment.
N.D. Cent. Code § 54-08-03 — ND Code / Title 54 / Chapter 54-08 / Section 54-08-03
54-08-03. Salary of lieutenant governor
Status: in_force

54-08-03. Salary of lieutenant governor

The annual salary of the lieutenant governor is one hundred thirty-nine thousand

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

hundred thirty-four dollars thereafter.
N.D. Cent. Code § 54-57-07 — ND Code / Title 54 / Chapter 54-57 / Section 54-57-07
54-57-07. Compensation for provision of administrative law judges - Special fund established - Continuing appropriation
Status: in_force

54-57-07. Compensation for provision of administrative law judges - Special fund

established - Continuing appropriation.

1. The office of administrative hearings shall require payment for services rendered by

any administrative law judge provided by it to any agency, to any unit of local

government in this state, to any tribal government in this state, or to the judicial

branch, in the conduct of an administrative hearing and related proceedings, and those

entities must make the required payment to the office. Payment must include payment

for support staff necessary to render administrative law judge services. Moneys

received by the office of administrative hearings in payment for providing an

administrative law judge to conduct an administrative hearing and related proceedings

must be deposited into the operating fund of the office of administrative hearings.

2. The office of administrative hearings shall require payment for mileage, meals, and

lodging in connection with services rendered by an administrative law judge provided

to any agency, to any unit of local government in this state, to any tribal government in

this state, or to the judicial branch, in the conduct of an administrative hearing and

related proceedings, and those entities must make the required payment to the office.

Payment for meals and lodging must be in the amounts allowable under section
N.D. Cent. Code § 54-17.2-07 — ND Code / Title 54 / Chapter 54-17.2 / Section 54-17.2-07
54-17.2-07. Terms, conditions, and payment under financing agreements - Automatic biennial extension provisions
Status: in_force

54-17.2-07. Terms, conditions, and payment under financing agreements - Automatic

biennial extension provisions.

Financing agreements may be entered into by the commission:

1. Upon terms, conditions, and payment provisions, subject to available appropriations,

as in the judgment of the commission are in the public interest; and

2. For an original term of not to exceed two years, with an automatic extension of the

term of the financing agreement, unless specifically rejected by the legislative

assembly, for a term of two years from the expiration of the original term of the

financing agreement and for two years from the expiration of each extended term of

the financing agreement, until the original term of the financing agreement has been

extended for a total number of years to be agreed upon by the parties at a payment

which, if paid for the original term and for each of the full number of years for which the

term of the financing agreement may be extended, will amortize the total project cost

of the project.

The payment must be paid at the times agreed upon by the parties to the financing agreement.
N.D. Cent. Code § 54-36-08 — ND Code / Title 54 / Chapter 54-36 / Section 54-36-08
54-36-08. Indian affairs commission printing fund for publications - Appropriation
Status: in_force

54-36-08. Indian affairs commission printing fund for publications - Appropriation

There is created a revolving fund known as the Indian affairs commission printing fund. All

moneys collected by the commission from fees from persons purchasing publications and

informal and educational materials produced or distributed by the commission and moneys

received from any person for producing and distributing publications and informational and

educational materials must be deposited into the Indian affairs commission printing fund. Money

in the Indian affairs commission printing fund and earnings on the money in the fund are

appropriated on a continuing basis to the commission to defray expenses incurred by the

commission in producing and distributing publications and informational and educational

materials. This fund is not subject to section 54-44.1-11. If on the first day of July in any year the

amount of money in the Indian affairs commission printing fund is more than twenty-five

thousand dollars, the amount in excess of twenty-five thousand dollars must be transferred to

the general fund.
N.D. Cent. Code § 54-30-14 — ND Code / Title 54 / Chapter 54-30 / Section 54-30-14
54-30-14. Money paid on assigned mortgage held in separate fund by Bank of North Dakota
Status: in_force

54-30-14. Money paid on assigned mortgage held in separate fund by Bank of North

Dakota.

The Bank shall deposit the moneys paid on a mortgage assigned under this chapter into a

separate fund designated as the real estate bond sinking fund. In this fund must be placed all

sums collected for the purpose of retiring the principal of the bonds at their maturity and paying

the interest thereon when due, except an administration fee which may be retained by the Bank.

Payments may be made out of the fund only for the purpose for which it is created. The fund

must be kept apart from all other funds in the possession of the Bank. The Bank also shall keep

in the fund, as a part thereof for the same purpose, in the same manner, and under the same

limitations and conditions, all moneys received whether from the proceeds of taxes or from

payments made by the industrial commission or from legislative appropriations or otherwise,

which must be by law or by other authoritative designation made applicable to the payment of

the principal of the bonds or the interest thereon.
N.D. Cent. Code § 54-03-20.3 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-20.3
54-03-20.3. Meetings - Powers and duties - Expenses
Status: repealed

54-03-20.3. Meetings - Powers and duties - Expenses

Repealed by S.L. 1979, ch. 537, § 1.
N.D. Cent. Code § 54-52-20 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-20
54-52-20. Prior service - Register - Benefits
Status: repealed

54-52-20. Prior service - Register - Benefits

Repealed by S.L. 1977, ch. 499, § 17.
N.D. Cent. Code § 54-46.1-02.1 — ND Code / Title 54 / Chapter 54-46.1 / Section 54-46.1-02.1
54-46.1-02.1. Optical data storage authorized
Status: in_force

54-46.1-02.1. Optical data storage authorized

Any public entity may adopt and use an optical data storage process for the storage of

records by optical disk mediums when the use of the process is consistent with good records

management practices. The state records administrator may prescribe such practices, except

for specialized commercial databases such as those used in libraries. As used in this chapter,

an optical data storage process includes the optical disk software and hardware used in that

process and the records stored by that process after the entity involved has established a

records management program with respect to optical data storage.
N.D. Cent. Code § 54-60-29.1 — ND Code / Title 54 / Chapter 54-60 / Section 54-60-29.1
54-60-29.1. Beyond visual line of sight uncrewed aircraft system program - Requirements - Report to legislative management
Status: in_force

54-60-29.1. Beyond visual line of sight uncrewed aircraft system program -

Requirements - Report to legislative management.

The department may establish and administer a beyond visual line of sight uncrewed

aircraft system program for the design, purchase, implementation, and operating costs of a

beyond visual line of sight uncrewed aircraft system. The department may enter contracts,

agreements, and contractual arrangements and adopt policies related to the beyond visual line

of sight uncrewed aircraft system program in the same manner authorized for the uncrewed

aircraft system program under section 54-60-28. The department shall require any entity

receiving funding for this program which is operating the beyond visual line of sight uncrewed

aircraft system to provide quarterly payments to the state treasurer based on a fee structure

determined by the commissioner. The state treasurer shall deposit any funds received under

this section in the state general fund. The department shall provide semiannual reports to the

legislative management regarding the development of the beyond visual line of sight uncrewed

aircraft system program and the total amount deposited by the state treasurer in the state

general fund.