N.D. Cent. Code § 54-12-34 — ND Code / Title 54 / Chapter 54-12 / Section 54-12-34
54-12-34. Criminal justice data information sharing system (Effective through July 31, 2035)
Status: in_force

54-12-34. Criminal justice data information sharing system. (Effective through

July 31, 2035)

1. The attorney general shall maintain a criminal justice data information sharing system

within the bureau of criminal investigation for the exchange of criminal justice data

information by judicial, law enforcement, and emergency services agencies, and the

department of transportation. Only an authorized individual employed by a criminal

justice agency as defined in section 12-60-16.1, the department of transportation, a

state court, or the department of emergency services or any other individual approved

by the attorney general or the attorney general's designee may access the system. For

access to the criminal justice data information sharing system, an individual shall

undergo a criminal history background check, including a fingerprint check, and meet

eligibility access criteria in accordance with the rules adopted under this section.

2. The criminal justice data information sharing system may be accessed only in

accordance with rules adopted under this section. Any law enforcement record in the

possession of the attorney general through the criminal justice data information

sharing system is an exempt record. Criminal justice data information about an offense

committed by a child if the offense has not been transferred under section 27-20.4-21

to another court having jurisdiction of the offense and information about a child victim

or witness is confidential.

3. The attorney general shall provide staff to maintain the criminal justice data information

system and provide administrative support for the advisory board.

4. A criminal justice information advisory board must be appointed, consisting of:

a. The chief justice of the supreme court or the chief justice's designee.

b. The director of the department of emergency services or the director's designee.

c. The director of the department of corrections and rehabilitation or the director's

designee.

d. The superintendent of the state highway patrol or the superintendent's designee.

e. The chief of the bureau of criminal investigation, who is the chairman of the

advisory board.

f. The chief information officer of the state or the chief information officer's

designee.

g. The director of the department of transportation or the director's designee.

h. A representative of a city police department, appointed by the attorney general

from a list of two or more nominees from the North Dakota chiefs of police

association.

i. A representative of a county sheriff's office, appointed by the attorney general

from a list of two or more nominees from the North Dakota sheriffs and deputies

association.

j. A state's attorney, appointed by the attorney general from a list of two or more

nominees from the North Dakota state's attorney's association.

k. A city government representative, appointed by the attorney general from a list of

two or more nominees from the league of cities.

l. A county government representative, appointed by the attorney general from a list

of two or more nominees from the association of counties.

5. Advisory board members who are not permanent full-time state employees are entitled

to compensation of seventy-five dollars per day and mileage and expenses as

provided by law for state employees. With the exception of the chief of the bureau of

criminal investigation, advisory board members appointed under this section serve

staggered three-year terms.

6. The attorney general, after consultation with the advisory board, shall adopt rules to

establish eligibility for access to the criminal justice data information sharing system; to

implement the collection, storage, and sharing of criminal justice information and the

systems necessary to perform those functions; and to address the operation of the

advisory board.

Criminal justice data information sharing system. (Effective after July 31, 2035)

1. The attorney general shall maintain a criminal justice data information sharing system

within the bureau of criminal investigation for the exchange of criminal justice data

information by judicial, law enforcement, and emergency services agencies, and the

department of transportation. Only an authorized individual employed by a criminal

justice agency as defined in section 12-60-16.1, the department of transportation, a

state court, or the department of emergency services or any other individual approved

by the attorney general or the attorney general's designee may access the system. For

access to the criminal justice data information sharing system, an individual shall

undergo a criminal history background check, including a fingerprint check, and meet

eligibility access criteria in accordance with the rules adopted under this section.

2. The criminal justice data information sharing system may be accessed only in

accordance with rules adopted under this section. Any law enforcement record in the

possession of the attorney general through the criminal justice data information

sharing system is an exempt record. Criminal justice data information about an offense

committed by a child if the offense has not been transferred under section 27-20.4-21

to another court having jurisdiction of the offense and information about a child victim

or witness is confidential.

3. The attorney general shall provide staff to maintain the criminal justice data information

system and provide administrative support for the advisory board.

4. A criminal justice information advisory board must be appointed, consisting of:

a. The chief justice of the supreme court or the chief justice's designee.

b. The director of the department of emergency services or the director's designee.

c. The director of the department of corrections and rehabilitation or the director's

designee.

d. The superintendent of the state highway patrol or the superintendent's designee.

e. The chief of the bureau of criminal investigation, who is the chairman of the

advisory board.

f. The chief information officer of the state or the chief information officer's

designee.

g. The director of the department of transportation or the director's designee.

h. A representative of a city police department, appointed by the attorney general

from a list of two or more nominees from the North Dakota chiefs of police

association.

i. A representative of a county sheriff's office, appointed by the attorney general

from a list of two or more nominees from the North Dakota sheriffs and deputies

association.

j. A state's attorney, appointed by the attorney general from a list of two or more

nominees from the North Dakota state's attorney's association.

k. A city government representative, appointed by the attorney general from a list of

two or more nominees from the league of cities.

l. A county government representative, appointed by the attorney general from a list

of two or more nominees from the association of counties.

5. Advisory board members who are not permanent full-time state employees are entitled

to compensation of seventy-five dollars per day and mileage and expenses as

provided by law for state employees. With the exception of the chief of the bureau of

criminal investigation, advisory board members appointed under this section serve

staggered three-year terms.

6. The attorney general, after consultation with the advisory board, shall adopt rules to

establish eligibility for access to the criminal justice data information sharing system; to

implement the collection, storage, and sharing of criminal justice information and the

systems necessary to perform those functions; and to address the operation of the

advisory board.

7. The attorney general shall implement a missing person repository for authorized users

to enter missing person information in accordance with rules established by the bureau

of criminal investigation. Missing person information, including demographic data

related to indigenous people, which is entered by an authorized user or made

available to an authorized user by a federally recognized tribe in this state must be

included in the repository. Records under this subsection are exempt records that may

be disclosed only in accordance with bureau of criminal investigation rules.
N.D. Cent. Code § 54-17.3-02 — ND Code / Title 54 / Chapter 54-17.3 / Section 54-17.3-02
54-17.3-02. Jurisdiction of the commission
Status: in_force

54-17.3-02. Jurisdiction of the commission

The commission, acting through the office of the state geologist, has jurisdiction and

authority to enforce the provisions of sections 54-17.3-01 through 54-17.3-08. The commission

has authority to make such investigations as it deems proper to determine whether facts exist

which justify action by the commission. The commission has authority to adopt rules and issue

orders to effectuate the provisions of sections 54-17.3-01 through 54-17.3-08.
N.D. Cent. Code § 54-17.2-10 — ND Code / Title 54 / Chapter 54-17.2 / Section 54-17.2-10
54-17.2-10. Appropriations and funds from which payments are payable - Commission's power to use or sell facilities for other purposes on nonpayment
Status: in_force

54-17.2-10. Appropriations and funds from which payments are payable -

Commission's power to use or sell facilities for other purposes on nonpayment.

A financing agreement must provide that payments due under the financing agreement are

payable solely from appropriations to be made by the legislative assembly for such payment,

money available to the state not requiring appropriation, money generated from charges made

for use of the project, any revenues derived by the commission from the operation of the project,

or any combination of such moneys. The financing agreement may provide that the commission

upon nonpayment is immediately entitled to the peaceable possession, access, and occupancy

of the project and all appurtenances and easements appertaining thereto, and may maintain

and operate the project or execute leases for the project or sell the project to political

subdivisions of the state or private persons or entities for any purpose.
N.D. Cent. Code § 54-60.2-03 — ND Code / Title 54 / Chapter 54-60.2 / Section 54-60.2-03
54-60.2-03. Cooperation and collaboration with other agencies
Status: in_force

54-60.2-03. Cooperation and collaboration with other agencies

To the maximum extent possible, a tribally controlled community college that receives a

grant under this chapter must endeavor to cooperate, collaborate, or partner with other tribal,

state, or federal agencies or institutions that are providing economic development assistance or

workforce training and development within the state, and the department of commerce shall

assist in facilitating such cooperation and partnerships.
N.D. Cent. Code § 54-27-31 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-31
54-27-31. Deposit of JUUL Labs, Inc., judgment funds
Status: in_force

54-27-31. Deposit of JUUL Labs, Inc., judgment funds

Eighty percent of any funds received by the state under the consent judgment adopted by

the south central judicial district court in its consent judgment entered December 8, 2022, [Civil

No. 08-2022-CV-02972] in State of North Dakota, ex rel. Drew H. Wrigley v. JUUL Labs, Inc.,

must be deposited in the community health trust fund.
N.D. Cent. Code § 54-27-26 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-26
54-27-26. Report on transportation funding and expenditures
Status: in_force

54-27-26. Report on transportation funding and expenditures

Each county, city, and township shall provide to the tax commissioner an annual report on

funding and expenditures relating to transportation projects and programs. The report must be

provided within ninety days after the close of a calendar year. The report must contain by fund

the beginning balance, revenues by major source, expenditures by major category, the ending

balance, and any other information requested by the tax commissioner. A township may provide

a copy of the appropriate annual township financial report that was provided to the county as the

annual report.
N.D. Cent. Code § 54-46-12 — ND Code / Title 54 / Chapter 54-46 / Section 54-46-12
54-46-12. County, city, and park district records - Uniform program established by administrator
Status: in_force

54-46-12. County, city, and park district records - Uniform program established by

administrator.

The administrator shall establish a uniform program of standards, procedures, and

techniques for the effective management of county, city, and park district records. All county, city,

and park district offices, departments, and agencies may establish, utilize, and maintain the

uniform program prescribed by the administrator.
N.D. Cent. Code § 54-44.4-06 — ND Code / Title 54 / Chapter 54-44.4 / Section 54-44.4-06
54-44.4-06. All purchases to be made in accordance with specifications - Multistep sealed bids
Status: in_force

54-44.4-06. All purchases to be made in accordance with specifications - Multistep

sealed bids.

1. For purposes of this chapter, specification means a description of all required physical,

design, performance, functional, and other characteristics of a commodity or service

the purchaser requires and, consequently, what a bidder must offer. The office of

management and budget and institutions of higher education shall develop similar

specifications for purchases of commodities and services of high common usage.

State agencies and institutions shall provide such assistance as may be requested by

the office of management and budget and the institutions of higher education in the

development of specifications. The office of management and budget and the

institutions of higher education shall implement such procedures as are necessary for

the inspection, testing, and acceptance of commodities or services to determine that

those received are in conformity with contract specifications.

2. When it is determined to be impractical to initially prepare a purchase description to

support an award based on price, a solicitation may be issued requesting the

submission of unpriced offers to be followed by a competitive bidding or competitive

proposal process limited to those bidders or offerors found to be qualified under the

criteria set forth in the first solicitation.
N.D. Cent. Code § 54-03-21 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-21
54-03-21. Conflict of interest - Prohibition - Misdemeanor
Status: repealed

54-03-21. Conflict of interest - Prohibition - Misdemeanor

Repealed by S.L. 1967, ch. 380, § 1.
N.D. Cent. Code § 54-51-04 — ND Code / Title 54 / Chapter 54-51 / Section 54-51-04
54-51-04. Duration of exchange
Status: in_force

54-51-04. Duration of exchange

The period of individual assignment or detail under an interchange program may not exceed

four years. Details relating to any matter covered in this chapter may be the subject of an

agreement between the sending and receiving agencies. Elected officials may not be assigned

from a sending agency nor detailed to a receiving agency.
N.D. Cent. Code § 54-40.2-02 — ND Code / Title 54 / Chapter 54-40.2 / Section 54-40.2-02
54-40.2-02. Authorization to enter agreements - General contents
Status: in_force

54-40.2-02. Authorization to enter agreements - General contents

1. Any one or more public agencies may enter into an agreement with any one or more

tribal governments to perform any administrative service, activity, or undertaking that

any of the public agencies or tribal governments are authorized to perform by law and

to resolve any disputes, in accordance with this chapter or any other law that

authorizes a public agency to enter an agreement. The agreement must set forth fully

the powers, rights, obligations, and responsibilities of the parties to the agreement.

2. The Indian affairs commission may propose agreements entered into pursuant to this

chapter and may assist, at the request of any tribe affected by such an agreement, in

the negotiation and development of such agreements.

3. If the public agency contemplating entering into an agreement under this chapter is a

school district, the school district shall:

a. Provide written notice to the superintendent of public instruction that it is

contemplating entering into an agreement under this chapter; and

b. Consider written recommendations that the superintendent makes regarding the

agreement.

4. This chapter does not apply to agreements entered into under section 24-02-02.3 and

chapter 54-38 or agreements entered with one or more tribal governments pursuant to

a state or federally funded program or other activity, including any publicly announced

offer of a grant, loan, request for proposal, bid, or other contract originating with a

public agency, for which the tribal government is otherwise eligible under federal, state,

or local law.
N.D. Cent. Code § 54-41-01 — ND Code / Title 54 / Chapter 54-41 / Section 54-41-01
54-41-01. Designation of coat of arms
Status: in_force

54-41-01. Designation of coat of arms

A coat of arms of the state of North Dakota is designated and described as follows:

Device: On an Indian arrowhead point to base or a bend vert charged with three mullets

of the first, in base a fleur-de-lis of the second.

Crest: On a wreath or and azure, a sheaf of three arrows argent armed and flighted

gules behind a stringed bow fessways or with grip of the second (gules).

Motto: Strength from the soil.
N.D. Cent. Code § 54-44.3-23 — ND Code / Title 54 / Chapter 54-44.3 / Section 54-44.3-23
54-44.3-23. Veterans' preferences
Status: in_force

54-44.3-23. Veterans' preferences

Veterans' preferences must be in accordance with chapter 37-19.1.
N.D. Cent. Code § 54-63.1-03 — ND Code / Title 54 / Chapter 54-63.1 / Section 54-63.1-03
54-63.1-03. Clean sustainable energy authority - Membership - Meetings
Status: in_force

54-63.1-03. Clean sustainable energy authority - Membership - Meetings

1. The clean sustainable energy authority consists of eighteen members, including nine

voting members and nine nonvoting technical advisors.

2. The nine voting members consist of:

a. Two members, one from the senate and one from the house of representatives,

appointed by the legislative management to serve as co-chairmen;

b. Two members appointed by the lignite research council;

c. Two members appointed by the oil and gas research council;

d. Two members appointed by the renewable energy council; and

e. One member appointed by the western Dakota energy association.

3. The nine nonvoting technical advisors consist of:

a. One member appointed by the North Dakota outdoor heritage fund advisory

board;

b. The commissioner of commerce or the commissioner's designee;

c. The director of the department of environmental quality or the director's designee;

d. The director of the department of water resources or the director's designee;

e. The director of mineral resources or the director's designee;

f. The director of the North Dakota pipeline authority or the director's designee;

g. The director of the North Dakota transmission authority or the director's designee;

h. The director of the state energy research center or the director's designee; and

i. The president of the Bank of North Dakota or the president's designee.

4. The term of office for each co-chairman is two years. The term of office for the other

voting members is four years, and the other voting members may not serve more than

two consecutive terms. The terms of office for the voting members commence on July

first. The initial terms for the voting members of the authority must be staggered

following a method determined by the authority.

5. The authority shall meet at least semiannually. The co-chairmen shall call a meeting

upon written request from three voting members of the authority. Five voting members

is a quorum at any meeting.

6. The authority may not forward a recommendation to the commission unless the

recommendation fulfills the purposes of this chapter and is approved by a majority of

the voting members of the authority.
N.D. Cent. Code § 54-08-04 — ND Code / Title 54 / Chapter 54-08 / Section 54-08-04
54-08-04. Salary of lieutenant governor when acting for governor
Status: in_force

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

When the lieutenant governor acts as governor, the lieutenant governor is entitled to receive

during the time the lieutenant governor so acts the compensation which the governor, if acting,

would be entitled to receive for such time. During such time the lieutenant governor is not

entitled as lieutenant governor to any other compensation.
N.D. Cent. Code § 54-03.2-14 — ND Code / Title 54 / Chapter 54-03.2 / Section 54-03.2-14
54-03.2-14. Contempt
Status: in_force

54-03.2-14. Contempt

1. A person is in contempt if that person:

a. Fails or refuses to appear in compliance with a subpoena or, having appeared,

fails or refuses to testify under oath or affirmation;

b. Fails or refuses to answer any relevant question or fails or refuses to furnish any

relevant book, paper, or other document subpoenaed by or on behalf of an

investigating committee; or

c. Commits any other act or offense against an investigating committee which, if

committed against the legislative assembly or either house thereof, would

constitute a contempt.

2. An investigating committee may, by majority vote of all of its members, apply to the

legislative assembly or the house thereof by which it was established for a contempt

citation. The application must be considered as though the alleged contempt had been

committed in or against such house or the legislative assembly itself. If the

investigating committee is an interim committee, its application may in the alternative

be made to the district court of Burleigh County.
N.D. Cent. Code § 54-40.2-07 — ND Code / Title 54 / Chapter 54-40.2 / Section 54-40.2-07
54-40.2-07. Authorization to appropriate funds for purpose of agreement
Status: in_force

54-40.2-07. Authorization to appropriate funds for purpose of agreement

Any public agency entering into an agreement pursuant to this chapter may appropriate

funds for and may sell, lease, or otherwise give or supply material to any entity created for the

purpose of performance of the agreement and may provide such personnel or services

therefore as is within its legal power to furnish.
N.D. Cent. Code § 54-24.2-05 — ND Code / Title 54 / Chapter 54-24.2 / Section 54-24.2-05
54-24.2-05. Limitations
Status: in_force

54-24.2-05. Limitations

For public libraries operated by cities, funds granted under this chapter may not exceed

thirty-three percent of the total expenditure of mill levy moneys and other public funds during the

preceding year. For public libraries operated by counties, funds granted under this chapter may

not exceed the following percent of the total expenditure of mill levy moneys and other public

funds during the preceding year:

less than $10,000 100 percent

$10,000 - $19,999 75 percent

$20,000 - $29,999 67 percent

$30,000 - $50,000 50 percent

over $50,000 33 percent
N.D. Cent. Code § 54-17.6-06 — ND Code / Title 54 / Chapter 54-17.6 / Section 54-17.6-06
54-17.6-06. Access to council records
Status: in_force

54-17.6-06. Access to council records

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

the extent that the council determines the materials or data consist of trade secrets or

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

contracting with the council or receiving council services under this chapter, are not

public records subject to section 44-04-18 and section 6 of article XI of the Constitution

of North Dakota, and are subject to section 44-04-18.4.

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

designated as confidential under subsection 1. The request must contain any

information required by the council and must include at least the following:

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 request under subsection 2 is confidential. The council shall examine the request

and determine whether the information is relevant to the matter at hand and is a trade

secret under the definition in section 47-25.1-01 or 44-04-18.4. If the council

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

notify the requester and the requester may ask for the return of the information and

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

are a public record.

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

and the names of council members making recommendations are confidential, may

not be disclosed by the council, and are not public records subject to section 44-04-18

or section 6 of article XI of the Constitution of North Dakota.
N.D. Cent. Code § 54-52-17.13 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-17.13
54-52-17.13. Supplemental retiree benefit payment
Status: in_force

54-52-17.13. Supplemental retiree benefit payment

If the board determines that the fund has obtained a total return on investments of nine and

six hundredths percent or higher for the fiscal year ending June 30, 2007, or June 30, 2008, the

board shall authorize an additional payment equal to seventy-five percent of the January

retirement allowance following the fiscal yearend to each eligible retiree in pay status as of that

January, excluding judicial retirees and beneficiaries, but including joint and survivor and term

certain beneficiaries, under this chapter. The board may only make one payment to each retiree

under this section.
N.D. Cent. Code § 54-24.1-02 — ND Code / Title 54 / Chapter 54-24.1 / Section 54-24.1-02
54-24.1-02. Must comply with state and local laws
Status: in_force

54-24.1-02. Must comply with state and local laws

No city, township, or county of this state may be party to a library agreement which provides

for the construction or maintenance of a library pursuant to subdivision g of subsection 3 of

Article III of the compact, nor pledge its credit in support of such a library, or contribute to the

capital financing thereof, except after compliance with any laws applicable to such cities,

townships, or counties relating to or governing capital outlays and the pledging of credit.
N.D. Cent. Code § 54-58-02 — ND Code / Title 54 / Chapter 54-58 / Section 54-58-02
54-58-02. Tribal gaming records not subject to disclosure - Exceptions
Status: in_force

54-58-02. Tribal gaming records not subject to disclosure - Exceptions

Except as provided in each tribal-state gaming compact, all tribal gaming records, including

trade secret and proprietary information as defined in section 44-04-18.4, submitted to an

agency of this state are confidential and are not public records subject to section 44-04-18 and

section 6 of article XI of the Constitution of North Dakota.
N.D. Cent. Code § 54-02-03 — ND Code / Title 54 / Chapter 54-02 / Section 54-02-03
54-02-03. State flower
Status: in_force

54-02-03. State flower

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

arkansana.
N.D. Cent. Code § 54-52-17.14 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-17.14
54-52-17.14. Military service under the Uniformed Services Employment and Reemployment Rights Act - Member retirement credit
Status: in_force

54-52-17.14. Military service under the Uniformed Services Employment and

Reemployment Rights Act - Member retirement credit.

A member reemployed under the Uniformed Services Employment and Reemployment

Rights Act of 1994, as amended [Pub. L. 103-353; 108 Stat. 3150; 38 U.S.C. 4301-4333], is

entitled to receive retirement credit for the period of qualified military service. The required

contribution for the credit, including payment for retiree health benefits, must be made in the

same manner and by the same party as would have been made had the employee been

continuously employed. If the salary the member would have received during the period of

service is not reasonably certain, the member's average rate of compensation during the

twelve-month period immediately preceding the member's period of service or, if shorter, the

period of employment immediately preceding that period, times the number of months of credit

being purchased must be used. Employees must be allowed up to three times the period of

military service or five years, whichever is less, to make any required payments. This provision

applies to all qualifying periods of military service since October 1, 1994. Effective for years after

December 31, 2008, compensation for purposes of Internal Revenue Code section 415

[26 U.S.C. 415], as amended, includes military differential wage payments, as defined in

Internal Revenue Code section 3401(h) [26 U.S.C. 3401(h)], as amended. Any payments made

by the member to receive qualifying credit inconsistent with this provision must be refunded.

Employees shall make application to the employer for credit and provide a DD Form 214 to

verify service. If a participating member dies after December 31, 2006, while performing

qualified military service, as defined in section 414(u)(5) [26 U.S.C. 414(u)(5)] of the Internal

Revenue Code, as amended, the deceased member's beneficiaries are entitled to any death

benefits, other than credit for years of service for purposes of benefits, that would have been

provided under the plan if the participating member had resumed employment and then

terminated employment on account of death. The period of such member's qualified military

service is treated as vesting service under the plan.
N.D. Cent. Code § 54-17.7-10 — ND Code / Title 54 / Chapter 54-17.7 / Section 54-17.7-10
54-17.7-10. Disposal of pipeline facilities
Status: in_force

54-17.7-10. Disposal of pipeline facilities

1. Before becoming an owner or partial owner of a pipeline facility or acquiring capacity in

a pipeline system, the authority shall develop a plan identifying:

a. The public purposes of the authority's ownership or capacity acquisition.

b. Conditions that would make the authority's ownership no longer necessary for

accomplishing those public purposes.

c. A plan to divest the authority's ownership or capacity interest as soon as

economically prudent once those conditions occur.

2. For pipeline facilities that are leased to another entity by the authority at the end of the

lease, absent default by the lessee, the authority shall convey its interest in the

pipeline facilities to the lessee.

3. For pipeline facilities that are owned by the authority without a lessee, the authority

shall divest itself of ownership as soon as economically prudent in accordance with the

divestiture plan developed pursuant to subsection 1.
N.D. Cent. Code § 54-02-15 — ND Code / Title 54 / Chapter 54-02 / Section 54-02-15
54-02-15. Honorary equine
Status: in_force

54-02-15. Honorary equine

The Nokota horse, in recognition of the significant role the breed has played in the history of

this state, is designated an honorary equine of North Dakota.
N.D. Cent. Code § 54-52.1-04.7 — ND Code / Title 54 / Chapter 54-52.1 / Section 54-52.1-04.7
54-52.1-04.7. Uniform group insurance program - Vision and dental plans
Status: in_force

54-52.1-04.7. Uniform group insurance program - Vision and dental plans

The board may establish a dental plan, a vision plan, or both, for eligible employees. The

board shall receive bids for the plan or plans pursuant to section 54-52.1-04. The board may

reject any or all bids and provide a plan of self-insurance. Premiums for this coverage 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 § 54-07-01.5 — ND Code / Title 54 / Chapter 54-07 / Section 54-07-01.5
54-07-01.5. Governor to file bills with secretary of state
Status: in_force

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

The governor shall cause each bill passed by the legislative assembly and not vetoed by

the governor to be filed with the secretary of state within five legislative days after the bill has

been delivered to the governor. If the legislative assembly is not in session, the governor shall

cause each bill delivered to the governor to be filed with the secretary of state within fifteen

days, Saturdays and Sundays excepted, after delivery of the bill to the governor.
N.D. Cent. Code § 54-44.3-19 — ND Code / Title 54 / Chapter 54-44.3 / Section 54-44.3-19
54-44.3-19. Board authority to provide service to cities, political subdivisions, and other entities
Status: in_force

54-44.3-19. Board authority to provide service to cities, political subdivisions, and

other entities.

The board may enter into agreement with any city or political subdivision of this state to

furnish any of its services and facilities, other than factfinding or conciliation services, and the

agreement must provide for reimbursement to the state of the cost of the services and facilities

furnished. All cities and political subdivisions of this state may enter into the agreements. The

board and division shall provide coverage to other agencies or political subdivisions as may by

federal laws or regulations be required to be subject to a personnel system in order to obtain

federal grants-in-aid. The board and division shall provide coverage to political subdivisions

upon the request of the subdivisions. Other agencies, departments, or divisions or positions

may be placed under the complete or limited board and division personnel plan in the manner

and to the extent the legislative assembly shall by law direct.
N.D. Cent. Code § 54-62-01 — ND Code / Title 54 / Chapter 54-62 / Section 54-62-01
54-62-01. Office of faith-based and community initiatives established
Status: in_force

54-62-01. Office of faith-based and community initiatives established

The office of faith-based and community initiatives is established within the department of

commerce. The office of faith-based and community initiatives has lead responsibility to

establish policies, priorities, and objectives for the state's comprehensive effort to enlist, equip,

enable, empower, and expand the work of faith-based and community organizations to the

extent permitted by law. The commissioner of the department of commerce shall designate a

member of the department of commerce staff to serve as director of the office of faith-based and

community initiatives. The department of commerce shall provide other staff services to assist

the director.
N.D. Cent. Code § 54-44.1-07 — ND Code / Title 54 / Chapter 54-44.1 / Section 54-44.1-07
54-44.1-07. Presentation of budget data - How presented to the legislative assembly
Status: in_force

54-44.1-07. Presentation of budget data - How presented to the legislative assembly

The director of the budget or the director's designee shall present the budget data

information in section 54-44.1-06, except the drafts of acts required by subsection 7 of that

section, and make available sufficient copies thereof to the legislative assembly at the

organizational session. The drafts of acts required by subsection 7 of section 54-44.1-06 must

be submitted to the legislative council within seven days after the day of adjournment of the

organizational session. The budget data must be completed and made available to the

legislative assembly in such form as may be prescribed by the legislative council. The legislative

council shall set the time and place at which such budget data is to be presented.
N.D. Cent. Code § 54-44.6-01 — ND Code / Title 54 / Chapter 54-44.6 / Section 54-44.6-01
54-44.6-01. Declaration of legislative intent
Status: in_force

54-44.6-01. Declaration of legislative intent

The legislative assembly finds and declares that there is a need to minimize the

governmental paperwork burden for state and local government entities, individuals,

businesses, and others; that the costs of collecting, maintaining, using, and disseminating

information are constantly escalating due to the increasingly voluminous and complex nature of

state statutes and regulations; that there is a need to coordinate, integrate, and to the extent

practicable and appropriate, make uniform the information policies and practices in North

Dakota; and that the governmental paperwork burden can best be eased by establishing a

statewide forms management program within the information technology department.
N.D. Cent. Code § 54-14-03 — ND Code / Title 54 / Chapter 54-14 / Section 54-14-03
54-14-03. Powers and duties of the office of the budget
Status: repealed

54-14-03. Powers and duties of the office of the budget

Repealed by S.L. 1979, ch. 541, § 2.
N.D. Cent. Code § 54-52-02.14 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-02.14
54-52-02.14. Participation by employees of the state board for career and technical education
Status: in_force

54-52-02.14. Participation by employees of the state board for career and technical

education.

Notwithstanding any other provision of law, between July 1, 2007, and five p.m. on

August 31, 2007, an employee of the state board for career and technical education who is

otherwise eligible to participate in the public employees retirement system may file an election

with the staff of the retirement and investment office to transfer from the teachers' fund for

retirement to the public employees retirement system. The teachers' fund for retirement shall

certify the employees who are eligible to transfer. An election to transfer is irrevocable for as

long as the employee remains employed with the state board for career and technical

education. The teachers' fund for retirement shall certify a transferring employee's salary,

service credit, contribution history, account balance, and any other necessary information to the

public employees retirement system. The amount to be transferred is the greater of the actuarial

present value of the employee's accrued benefit as of July 1, 2007, plus interest at the rate of

seven and one-half percent from July 1, 2007, until the date the amount is transferred to the

public employees retirement system or the employee's account balance on the date of transfer.

The public employees retirement system shall credit the transferring employee with the service

credit specified by the teachers' fund for retirement and shall convert the annual salary history

from the teachers' fund for retirement to a monthly salary for the period. An employee becomes

a member of the public employees retirement system as of the date the funds are transferred.

To be eligible to transfer, an employee must be employed by the state board for career and

technical education on the date of the transfer. The state board for career and technical

education shall begin making retirement contributions, and the public employees retirement

system shall begin receiving those retirement contributions, on behalf of employees who have

elected to transfer to the public employees retirement system to that system the first of the

month following the date of transfer.
N.D. Cent. Code § 54-23.4-09 — ND Code / Title 54 / Chapter 54-23.4 / Section 54-23.4-09
54-23.4-09. Enforcement of division's orders
Status: in_force

54-23.4-09. Enforcement of division's orders

If a person refuses to comply with an order under this chapter or asserts a privilege, except

privileges arising from the attorney-client relationship, to withhold or suppress evidence relevant

to a claim, the division may make any just order including denial of the claim, but may not find

the person in contempt. If necessary to carry out any of its powers and duties, the division may

petition the district court for an appropriate order, but the court may not find a person in

contempt for refusal to submit to a medical or physical examination.
N.D. Cent. Code § 54-66-05 — ND Code / Title 54 / Chapter 54-66 / Section 54-66-05
54-66-05. Making a complaint - Summary dismissal of complaint
Status: in_force

54-66-05. Making a complaint - Summary dismissal of complaint

1. A complaint may be made to the commission orally or in writing. If a complainant does

not provide the complainant's name, address, and telephone number with the

complaint, the ethics commission may not investigate or take other action regarding

the complaint. The commission shall summarize each oral complaint in writing unless

the complaint must be disregarded under this section.

2. Upon receipt of a complaint or information regarding a violation, the commission may

summarily dismiss the complaint or decline to proceed with a complaint if the alleged

violation does not fall within the commission's jurisdiction, is insufficient to identify a

possible violation, or fails to comply with rules adopted by the commission. In lieu of

summary dismissal, the commission may refer the matter under section 54-66-08.

3. If a complainant would like the complainant's identity to remain confidential, the

commission may not release the complainant's name and address to the respondent

without the authorization of the complainant. If the complainant does not authorize

release of the complainant's name and address to the respondent, the statement of

the complainant may not be used as evidence of a violation.

4. If the commission receives an anonymous complaint that contains documentary or real

evidence of possible criminal conduct, the commission may refer the matter to the

appropriate law enforcement agency as provided under section 54-66-08, and may not

otherwise divulge the documentary or real evidence.
N.D. Cent. Code § 54-06-04.2 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-04.2
54-06-04.2. Information to employees on state employee health and retirement and social security benefit program contributions and premiums paid by the state
Status: in_force

54-06-04.2. Information to employees on state employee health and retirement and

social security benefit program contributions and premiums paid by the state.

A report providing a summary of payments made by the state for premiums and

contributions for state employee insurance, retirement, and federal social security benefit

programs for each state employee must be provided to each employee every calendar year.

The report must be in a form adopted by those state agencies and institutions responsible for

preparing state employee payrolls. The information provided must include any portion of

required employee retirement program contributions paid by the state on behalf of the employee

and must include the accumulated state payments for these benefit programs for the current

calendar year.
N.D. Cent. Code § 54-23.3-06 — ND Code / Title 54 / Chapter 54-23.3 / Section 54-23.3-06
54-23.3-06. Salaries of division directors and other officers
Status: in_force

54-23.3-06. Salaries of division directors and other officers

The director of the department of corrections and rehabilitation shall determine the salary of

each division director within the limits of legislative appropriations and within the salary range of

the classified position as established by North Dakota human resource management services

for the position. All other officers and employees shall receive salaries determined by their

division director and approved by the director of the department.
N.D. Cent. Code § 54-17-16 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-16
54-17-16. Investigation conducted by commission
Status: in_force

54-17-16. Investigation conducted by commission

The industrial commission shall conduct investigations of all matters directly or indirectly

connected with, or bearing upon the success of, any of the utilities, industries, enterprises, and

business projects under its management, and of all matters which directly or indirectly may

affect the methods, operations, processes, products, or results thereof. In aid of any such

investigation the commission may summon and compel the attendance of witnesses and

examine them under oath. Any member of the commission may administer such oath. It shall

have access to, and may order the production of, all books, accounts, papers, and property

material to such investigation. Witnesses other than those in the employ of the state are entitled

to the same fees as witnesses in civil cases in the district court.
N.D. Cent. Code § 54-01-16 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-16
54-01-16. Power of Congress to make rules governing land acquired for national forests
Status: in_force

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

forests.

Power is conferred upon the Congress to pass such laws and to make or provide for the

making of such rules and regulations, of both civil and criminal nature, and to provide

punishment therefor, as in its judgment may be necessary for the administration, control, and

protection of such lands as from time to time may be acquired by the United States under the

provisions of section 54-01-15.
N.D. Cent. Code § 54-14-05 — ND Code / Title 54 / Chapter 54-14 / Section 54-14-05
54-14-05. Vouchers have penalty printed on them
Status: repealed

54-14-05. Vouchers have penalty printed on them

Repealed by S.L. 1965, ch. 304, § 9.
N.D. Cent. Code § 54-60.2-01 — ND Code / Title 54 / Chapter 54-60.2 / Section 54-60.2-01
54-60.2-01. Establishment of workforce development grant for tribally controlled community colleges
Status: in_force

54-60.2-01. Establishment of workforce development grant for tribally controlled

community colleges.

There is established within the division of workforce development of the department of

commerce a program to provide workforce development grants to tribally controlled community

colleges in North Dakota. A tribally controlled community college in this state may apply to the

department of commerce for a job training grant in such manner as the department of

commerce prescribes. The department of commerce shall consult with the executive director of

the Indian affairs commission to determine eligible tribally controlled community colleges.
N.D. Cent. Code § 54-06-09 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-09
54-06-09. Mileage and travel expense of state officers and employees
Status: in_force

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

1. State officials, whether elective or appointive, and their deputies, assistants, and

clerks, or other state employees, entitled by law to be reimbursed for mileage or travel

expense, must be allowed and paid for mileage and travel expense.

a. For each mile [1.61 kilometers] actually and necessarily traveled in the

performance of official duty when the travel is by private airplane, the individual is

entitled to a sum equal to one and one-half times the mileage reimbursement

amount established under subdivision c for travel by motor vehicle. Mileage by

private aircraft must be computed by actual air mileage when only one state

employee or official is traveling; if two or more state employees or officials are

traveling by private aircraft, the actual mileage must be based on the road

mileage between the geographical points. Reimbursement for private airplane

travel must be calculated as follows:

(1) If reimbursement is for one properly authorized and reimbursable

passenger, reimbursement must be paid on a per mile basis as provided in

this subsection.

(2) If reimbursement is claimed for a chartered private aircraft, reimbursement

may not exceed the cost of regular coach fare on a commercial flight, if one

is scheduled between the point of departure, point of destination, and return,

for each properly authorized and reimbursable passenger on the charter

flight; or, where there is no such regularly scheduled commercial flight, the

actual cost of the charter.

b. Except as provided in subdivision a, when travel is by rail or certificated air taxi

commercial operator or other common carrier, including regularly scheduled

flights by airlines, the individual is entitled to reimbursement for the amount

actually and necessarily expended therefor in the performance of official duties.

c. The director of the office of management and budget shall adopt policies

establishing mileage reimbursement for actual and necessary travel in the

performance of official duty when the travel is by motor vehicle, the use of which

is required by the employing entity. The director shall amend the policies when

necessary to set reimbursement at the same rate as established by the United

States general services administration for privately owned vehicles.

2. No reimbursement may be paid for leased private aircraft, except for leased or rented

private aircraft from a recognized fixed base aviation operator who is in the business of

leasing and renting private aircraft and is located on an airport open for public use.

3. If only one person engages in such travel in a motor vehicle exceeding at any

geographical point three hundred miles [482.80 kilometers] beyond the borders of this

state, reimbursement is limited to eighteen cents per mile [1.61 kilometers] for miles

driven in excess of six hundred miles [965.60 kilometers] of round trip out-of-state

travel.

4. An official, deputy, assistant, clerk, or other employee, when required to travel by

motor vehicle or truck in the performance of official duty, shall use a state-owned

vehicle whenever possible unless exempted under section 24-02-03.3. However, an

agency, institution, department, board, bureau, or commission may allow use of an

official's, deputy's, or employee's personal motor vehicle in circumstances authorized

by the official, deputy, or the employee's supervisor. If personal motor vehicle use is

authorized under this subsection, the agency may also allow mileage reimbursement

at a rate less than that otherwise provided in this section. When official travel is by

motor vehicle or airplane owned by the state or by any department or political

subdivision of the state, no allowance may be made or paid for such mileage, except

that governmental entities may share expenses when officials or employees of those

entities travel in the same motor vehicle or aircraft.

5. Notwithstanding the other provisions of this section, state employees permanently

located outside the state or on assignments outside the state for an indefinite period of

time, exceeding at least thirty consecutive days, must be allowed and paid the United

States general services administration mileage rate per mile [1.61 kilometers] for each

mile [1.61 kilometers] actually and necessarily traveled in the performance of official

duty when such travel is by motor vehicle, and the three-hundred-mile

[482.80-kilometer] restriction imposed by subsection 3 does not apply.

6. Before any allowance for any such mileage or travel expenses may be made, the

official, deputy, assistant, clerk, or other employee shall file with the employee's

department, institution, board, commission, or agency an itemized statement showing

the mileage traveled, the hour of departure and return, the days when and how

traveled, the purpose thereof, and such other information and documentation as may

be prescribed by rule of the employee's department, institution, board, commission, or

agency. The statement must be submitted to the employee's department, institution,

board, commission, or agency for approval and must be paid only when approved by

the employee's department, institution, board, commission, or agency.
N.D. Cent. Code § 54-12-10 — ND Code / Title 54 / Chapter 54-12 / Section 54-12-10
54-12-10. Assistant attorney general for board of university and school lands - Execution of certificates and documents
Status: in_force

54-12-10. Assistant attorney general for board of university and school lands -

Execution of certificates and documents.

All certificates and documents executed, signed, or certified to by the assistant attorney

general appointed to act as attorney for the board of university and school lands, must be

executed, signed, or certified to in substantially the following form:

______________________________

Attorney General

By____________________________

Assistant Attorney General
N.D. Cent. Code § 54-18-21 — ND Code / Title 54 / Chapter 54-18 / Section 54-18-21
54-18-21. Annual transfer
Status: in_force

54-18-21. Annual transfer

Within thirty days after the conclusion of each fiscal year, the industrial commission shall

transfer five percent of the net income earned by the state mill and elevator association during

that fiscal year to the agricultural products utilization fund.
N.D. Cent. Code § 54-52.6-09.4 — ND Code / Title 54 / Chapter 54-52.6 / Section 54-52.6-09.4
54-52.6-09.4. Military service under the Uniformed Services Employment and Reemployment Rights Act - Member retirement credit
Status: in_force

54-52.6-09.4. Military service under the Uniformed Services Employment and

Reemployment Rights Act - Member retirement credit.

A member reemployed under the Uniformed Services Employment and Reemployment

Rights Act of 1994, as amended [Pub. L. 103-353; 108 Stat. 3150; 38 U.S.C. 4301-4333], is

entitled to receive retirement credit for the period of qualified military service. The required

contribution for the credit, including payment for retiree health benefits, must be made in the

same manner and by the same party as would have been made had the employee been

continuously employed. If the salary the member would have received during the period of

service is not reasonably certain, the member's average rate of compensation during the

twelve-month period immediately preceding the member's period of service or, if shorter, the

period of employment immediately preceding that period, times the number of months of credit

being purchased must be used. Employees must be allowed up to three times the period of

military service or five years, whichever is less, to make any required payments. This provision

applies to all qualifying periods of military service since October 1, 1994. Effective for years after

December 31, 2008, compensation for purposes of Internal Revenue Code section 415

[26 U.S.C. 415], as amended, includes military differential wage payments, as defined in

Internal Revenue Code section 3401(h) [26 U.S.C. 3401(h)], as amended. Any payments made

by the member to receive qualifying credit inconsistent with this provision must be refunded.

Employees shall make application to the employer for credit and provide a DD Form 214 to

verify service. After December 31, 2006, if a participating member dies while performing

qualified military service, as defined in section 414(u)(5) of the Internal Revenue Code

[26 U.S.C. 414(u)(5)], as amended, the deceased member's beneficiaries are entitled to any

death benefits, other than credit for years of service for purposes of benefits, which would have

been provided under the plan if the participating member had resumed employment and then

terminated employment on account of death. The period of that member's qualified military

service is treated as vesting service under the plan.
N.D. Cent. Code § 54-01-21 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-21
54-01-21. Citizens defined
Status: in_force

54-01-21. Citizens defined

The citizens of the state are all persons who are citizens of the United States of America

and who are bona fide residents of the state of North Dakota.
N.D. Cent. Code § 54-23.4-12 — ND Code / Title 54 / Chapter 54-23.4 / Section 54-23.4-12
54-23.4-12. Subrogation - Actions - Allocation of expenses
Status: in_force

54-23.4-12. Subrogation - Actions - Allocation of expenses

1. If compensation is awarded, the division is subrogated to all the claimant's rights to

receive or recover benefits or advantages, for economic loss for which and to the

extent only that compensation is awarded, from a source that is, or, if readily available

to the claimant, would be, a collateral source.

2. Before bringing an action to recover damages related to criminally injurious conduct for

which compensation is claimed or awarded, the claimant shall give the division written

notice of the proposed action. If a claimant brings an action for the recovery of

damages related to criminally injurious conduct for which compensation is claimed or

awarded, the division is subrogated to the rights of the claimant up to the total amount

the division has paid. When there has been a recovery of damages, the costs of the

action, to be paid by the division from the recovery, exclusive of attorney's fees, must

be prorated and adjusted on the percentage of the total subrogation interest of the

division recovered to the total recovery. If there is a recovery, the division shall pay

attorney's fees to the claimant's attorney from the recovery in the amount of

twenty-five percent of the subrogation interest recovered. For purposes of this section,

recovery includes proceeds paid pursuant to a settlement, confession of judgment, or

judgment of a court. The division may intervene in the action to recover compensation

awarded. The division has a lien on a recovery to the extent it has paid compensation.

The division is not liable for costs or attorney's fees when the claimant has not

provided the division prior written notice of the commencement of an action. If a

claimant does not bring an action for damages within six months from the date the

division awarded benefits, the division may bring an action or claim for relief in the

division's name and may retain as the division's subrogation interest the full amount

the division has paid in compensation and benefits to a claimant. The division may

bring an action within two years from the date the division first awarded benefits,

notwithstanding any other statute of limitation. This section does not limit the

claimant's right to bring an action to recover for other damages.

3. If a judgment or verdict indicates separately economic loss and noneconomic

detriment, payments on the judgment must be allocated between them in proportion to

the amounts indicated. In an action in a court of this state arising out of criminally

injurious conduct, the judge, on timely motion, shall direct the jury to return a special

verdict, indicating separately the awards for noneconomic detriment, punitive

damages, and economic loss.
N.D. Cent. Code § 54-35-02.10 — ND Code / Title 54 / Chapter 54-35 / Section 54-35-02.10
54-35-02.10. Legislative audit and fiscal review committee - Auditing guidelines
Status: in_force

54-35-02.10. Legislative audit and fiscal review committee - Auditing guidelines

Each biennium, the legislative audit and fiscal review committee, in consultation with the

state auditor, shall review updates to government auditing standards and develop guidelines for

the contents of state agency audit reports. The legislative audit and fiscal review committee

shall consider the following when developing the guidelines:

1. Applicable auditing standards;

2. Sound financial practices;

3. Compliance with laws and legislative intent;

4. Data analyses; and

5. The opportunity to improve the efficient and effective operations of state agencies.
N.D. Cent. Code § 54-01-05 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-05
54-01-05. State may acquire property by eminent domain for state institution
Status: in_force

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

The state, by the exercise of the right of eminent domain, may acquire, for the use of any

state institution or state industry, any property necessary:

1. To the maintenance or expansion of such institution;

2. To the acquirement of any of the essentials of the existence of such institution or

industry;

3. To the operation of such institution or industry;

4. To the health, safety, or support of any inmates of such institution; or

5. To the protection or care of the property of such institution or industry.

The proceedings for the acquirement of any such property must be prosecuted by the attorney

general in the name of the state as plaintiff and must be governed by the provisions of chapter

32-15 applicable to condemnation proceedings.
N.D. Cent. Code § 54-12-12 — ND Code / Title 54 / Chapter 54-12 / Section 54-12-12
54-12-12. Licensing department - Inspectors - Powers and duties
Status: repealed

54-12-12. Licensing department - Inspectors - Powers and duties

Repealed by S.L. 1967, ch. 116, § 2.
N.D. Cent. Code § 54-10-06 — ND Code / Title 54 / Chapter 54-10 / Section 54-10-06
54-10-06. Auditor may procure books and blanks
Status: repealed

54-10-06. Auditor may procure books and blanks

Repealed by S.L. 1959, ch. 372, § 117.
N.D. Cent. Code § 54-35-18.2 — ND Code / Title 54 / Chapter 54-35 / Section 54-35-18.2
54-35-18.2. Electric industry competition committee - Study areas
Status: in_force

54-35-18.2. Electric industry competition committee - Study areas

Expired under S.L. 2003, ch. 36, § 21.
N.D. Cent. Code § 54-44.8-02 — ND Code / Title 54 / Chapter 54-44.8 / Section 54-44.8-02
54-44.8-02. Responsibilities of the administrator
Status: in_force

54-44.8-02. Responsibilities of the administrator

The administrator shall oversee the department's administration of the program. The

administrator shall:

1. Review and recommend policies and procedures governing administration of the

program and ensure the program is in compliance with any applicable state or federal

law or rule;

2. Prepare a budget for administration of services under the program;

3. Monitor the expenditures of funds for the program;

4. Monitor the quality of the program and the satisfaction of the users; and

5. Perform any other duties necessary to oversee administration of the program.
N.D. Cent. Code § 54-52.1-02 — ND Code / Title 54 / Chapter 54-52.1 / Section 54-52.1-02
54-52.1-02. Uniform group insurance program created - Formation into subgroups
Status: in_force

54-52.1-02. Uniform group insurance program created - Formation into subgroups

In order to promote the economy and efficiency of employment in the state's service, reduce

personnel turnover, and offer an incentive to high-grade individuals to enter and remain in the

service of state employment, there is created a uniform group insurance program. The uniform

group must be composed of eligible and retired employees and be formed to provide hospital

benefits coverage, medical benefits coverage, and life insurance benefits coverage in the

manner set forth in this chapter. The uniform group may be divided into the following subgroups

at the discretion of the board:

1. Medical and hospital benefits coverage group consisting of active eligible employees

and retired employees not eligible for Medicare, except for employees who first retire

after July 1, 2015, and are not eligible for Medicare on their retirement. In determining

premiums for coverage under this subsection for retired employees not eligible for

Medicare, the rate for a non-Medicare retiree single plan is one hundred fifty percent of

the active member single plan rate, the rate for a non-Medicare retiree family plan of

two people is twice the non-Medicare retiree single plan rate, and the rate for a

non-Medicare retiree family plan of three or more persons is two and one-half times

the non-Medicare retiree single plan rate.

2. In addition to the coverage provided in subsection 1, another coverage option may be

provided for retired employees not eligible for Medicare, except for employees who

first retire after July 1, 2015, and are not eligible for Medicare on their retirement,

provided the option does not increase the implicit subsidy as determined by the

governmental accounting standards board's other postemployment benefit reporting

procedure. In offering this additional option, the board may have an open enrollment

but thereafter enrollment for this option must be as specified in section 54-52.1-03.

3. Retired Medicare-eligible employee group medical and hospital benefits coverage.

4. Active eligible employee life insurance benefits coverage.

5. Retired employee life insurance benefits coverage.

6. Terminated employee continuation group medical and hospital benefits coverage.

7. Terminated employee conversion group medical and hospital benefits coverage.

8. Dental benefits coverage.

9. Vision benefits coverage.

10. Long-term care benefits coverage.

11. Employee assistance benefits coverage.

12. Prescription drug coverage.
N.D. Cent. Code § 54-59-17 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-17
54-59-17. Educational technology council - Meetings - Compensation
Status: repealed

54-59-17. Educational technology council - Meetings - Compensation

Repealed by S.L. 2019, ch. 144, § 4.
N.D. Cent. Code § 54-66-08 — ND Code / Title 54 / Chapter 54-66 / Section 54-66-08
54-66-08. Investigations - Referrals
Status: in_force

54-66-08. Investigations - Referrals

1. If an informal resolution is not reached under section 54-66-07, the ethics commission

may:

a. Dismiss the complaint;

b. Require ethics commission staff to investigate the allegations in the complaint; or

c. Engage an outside investigator to investigate allegations in the complaint.

2. If the commission believes a complaint contains allegations of criminal conduct, the

matter may be coordinated with the appropriate law enforcement agency with

jurisdiction over the offense. If the law enforcement agency agrees to accept a referral

for criminal prosecution, the commission may not take further action on the complaint

until the law enforcement agency informs the commission law enforcement

proceedings regarding the complaint are complete. If the law enforcement agency

declines a referral for prosecution, the commission may investigate the complaint

under the rules adopted by the commission. If the law enforcement agency takes no

action on the referral for prosecution within sixty days, the commission may resume its

review of the complaint. Unless the agency accepting the referral objects, the

commission shall inform the complainant and respondent as soon as reasonably

possible of a referral and the nature of the referred allegations.

3. The commission may require the testimony of a witness or the production of a book,

record, document, data, or other object at any of the commission's investigator

interviews or proceedings held in connection with the investigation of a complaint.
N.D. Cent. Code § 54-21-11 — ND Code / Title 54 / Chapter 54-21 / Section 54-21-11
54-21-11. Governor may require additional report
Status: repealed

54-21-11. Governor may require additional report

Repealed by S.L. 1991, ch. 592, § 47.
N.D. Cent. Code § 54-52.6-17 — ND Code / Title 54 / Chapter 54-52.6 / Section 54-52.6-17
54-52.6-17. Exemption from state premium tax
Status: in_force

54-52.6-17. Exemption from state premium tax

Premiums, consideration for annuities, and membership fees are exempt from premium

taxes payable pursuant to section 26.1-03-17.
N.D. Cent. Code § 54-01-17 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-17
54-01-17. Right of way over state lands
Status: repealed

54-01-17. Right of way over state lands

Repealed by S.L. 1995, ch. 435, § 2.
N.D. Cent. Code § 54-27-15.4 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-15.4
54-27-15.4. Subsequent payment
Status: repealed

54-27-15.4. Subsequent payment

Repealed by S.L. 1989, ch. 649, § 2.
N.D. Cent. Code § 54-52-19.1 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-19.1
54-52-19.1. Continuance of prior service benefits earned under former plan
Status: in_force

54-52-19.1. Continuance of prior service benefits earned under former plan

Any retired employee receiving prior service benefits under former section 54-52-19 is

entitled to continue to receive those benefits. For the purposes of this section only, section

54-52-19 is deemed to remain in effect. The amount of benefits to which the employee is

entitled is double that computed under original section 54-52-19.
N.D. Cent. Code § 54-24.3-02 — ND Code / Title 54 / Chapter 54-24.3 / Section 54-24.3-02
54-24.3-02. Committee - Membership - Compensation
Status: repealed

54-24.3-02. Committee - Membership - Compensation

Repealed by S.L. 1997, ch. 453, § 20.
N.D. Cent. Code § 54-35-22 — ND Code / Title 54 / Chapter 54-35 / Section 54-35-22
54-35-22. Workers' compensation review committee
Status: repealed

54-35-22. Workers' compensation review committee

Repealed by S.L. 2023, ch. 584, § 2.
N.D. Cent. Code § 54-34.3-08 — ND Code / Title 54 / Chapter 54-34.3 / Section 54-34.3-08
54-34.3-08. Patents
Status: in_force

54-34.3-08. Patents

The division of economic development and finance, the North Dakota development fund,

incorporated, and the North Dakota agricultural products utilization commission may hold or

assign for remuneration all or a portion of their interest in patents or royalty rights acquired in

the course of their operation and performance of duties as provided by law.
N.D. Cent. Code § 54-46-05 — ND Code / Title 54 / Chapter 54-46 / Section 54-46-05
54-46-05. Duties of agency heads
Status: in_force

54-46-05. Duties of agency heads

The head of each agency shall:

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

management of the records of the agency.

2. Make and maintain records containing adequate and proper documentation of the

organization, functions, policies, decisions, procedures, and essential transactions of

the agency designed to furnish information to protect the legal and financial rights of

the state and of persons directly affected by the agency's activities.

3. Submit to the administrator, in accordance with the standards adopted by the

administrator, schedules proposing the length of time each state record series

warrants retention for administrative, legal, or fiscal purposes after it has been

received by the agency.

4. Submit to the administrator lists of state records in the custody of the agency which

are not needed in the transaction of current business and which do not have

administrative, legal, or fiscal value.

5. Cooperate with the administrator in the conduct of surveys made by the administrator

pursuant to this chapter, including resolving findings of noncompliance with the records

management program as may be indicated in the final survey report. Failure to

cooperate with the administrator may result in reported noncompliance as authorized

under subsection 7 of section 54-46-04.

6. Comply with the rules, standards, and procedures adopted by the administrator.
N.D. Cent. Code § 54-17.2-14 — ND Code / Title 54 / Chapter 54-17.2 / Section 54-17.2-14
54-17.2-14. Purposes for which evidences of indebtedness issue - Refunding and refinancing - Pledge of income
Status: in_force

54-17.2-14. Purposes for which evidences of indebtedness issue - Refunding and

refinancing - Pledge of income.

To accomplish its purposes, the commission may borrow and issue and sell evidences of

indebtedness in an amount or amounts as the commission may determine, but not in excess of

legislative authorization, plus costs of issuance, financing, interest during construction, and any

evidences of indebtedness funded reserve funds required by agreements with or for the benefit

of holders of evidences of indebtedness for the purpose of acquiring, constructing, completing,

or remodeling, maintaining, or equipping any project or projects. The commission may refund

and refinance the evidences of indebtedness from time to time as often as it is advantageous

and in the public interest to do so and may pledge any and all income of the commission, and

any revenues derived by the commission or the state from a project or any combination thereof,

to secure payment or redemption of the evidences of indebtedness.
N.D. Cent. Code § 54-12-11 — ND Code / Title 54 / Chapter 54-12 / Section 54-12-11
54-12-11. Salary of attorney general
Status: in_force

54-12-11. Salary of attorney general

The annual salary of the attorney general is one hundred ninety-two thousand seventy-nine

dollars through June 30, 2026, and one hundred ninety-seven thousand eight hundred forty-one

dollars thereafter.
N.D. Cent. Code § 54-44-05 — ND Code / Title 54 / Chapter 54-44 / Section 54-44-05
54-44-05. Warrants - Numbered - Show funds on which drawn - Not drawn unless authorized
Status: in_force

54-44-05. Warrants - Numbered - Show funds on which drawn - Not drawn unless

authorized.

Warrants drawn by the office of management and budget and signed by the state auditor on

the state treasurer must be numbered consecutively in the order in which they are drawn. Every

warrant must be drawn upon the fund out of which it is payable. A warrant may not be drawn by

the office of management and budget and signed by the state auditor unless authorized by law,

and unless there are funds in the treasury applicable to the payment thereof to meet the same.

In case of an emergency, and in anticipation of taxes already levied and in the process of

collection, the office of management and budget may prepare warrants to be signed by the state

auditor in payment of duly authorized vouchers even though funds at such time do not exist to

honor the warrants. Warrants so issued shall be payable by the state treasurer out of any funds

in the state treasurer's possession other than sinking funds or funds dedicated by the

Constitution of North Dakota for other purposes.
N.D. Cent. Code § 54-52.6-02.2 — ND Code / Title 54 / Chapter 54-52.6 / Section 54-52.6-02.2
54-52.6-02.2. Election after December 31, 2024 - Additional employer contribution (Retroactive application - See note)
Status: in_force

54-52.6-02.2. Election after December 31, 2024 - Additional employer contribution

(Retroactive application - See note)

1. As used in this section, "eligible employee" means a permanent employee of a state

entity that as of January 1, 2025, receives budgetary approval from the legislative

assembly, who on December 31, 2024, is a participating member of the public

employees retirement system main system plan under chapter 54-52, who has been a

participating member under chapter 54-52 for no more than five years, and who is at

least eighteen years of age.

2. The board shall provide a three-month election period, from January 1, 2025, through

March 31, 2025, for an eligible employee to transfer to the defined contribution plan

under this chapter pursuant to the rules and policies adopted by the board.

a. An election under this section made by a member of the public employees

retirement system under chapter 54-52 to transfer to the defined contribution

retirement plan under this chapter is irrevocable.

b. For an eligible employee who elects to transfer from the public employees

retirement system under chapter 54-52 to the defined contribution retirement plan

under this chapter, the board shall transfer a lump sum amount from the public

employees retirement system fund to the member's account in the defined

contribution retirement plan under this chapter. However, if the eligible employee

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

the election made is ineffective and the eligible employee remains a member of

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

rights and privileges under that chapter.

c. The board shall calculate the lump sum amount to be transferred based on the

actuarial present value of the eligible employee's accumulated benefit obligation

under the public employees retirement system based on the assumption the

eligible employee will retire under the earlier applicable normal retirement age,

plus interest from January 1, 2025, 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.

d. This section does not affect an eligible individual's right to health benefits under

3. The state employer of an eligible employee who elects under this section to participate

in the defined contribution retirement plan under this chapter shall pay an additional

annual contribution of three thousand three hundred and thirty-three dollars for up to

three years. Under this subsection, the employer shall pay the additional contribution

each year the eligible employee continues permanent employment with the state,

beginning January 2026, and extending no further than January 2028.

4. If the board receives notification from the internal revenue service that this section or

any portion of this section will cause the public employees retirement system or the

retirement plan established under this chapter to be disqualified for tax purposes under

the Internal Revenue Code, that portion that will cause the disqualification does not

apply.
N.D. Cent. Code § 54-27.2-01 — ND Code / Title 54 / Chapter 54-27.2 / Section 54-27.2-01
54-27.2-01. Budget stabilization fund
Status: in_force

54-27.2-01. Budget stabilization fund

The budget stabilization fund is a special fund in the state treasury. The state investment

board shall supervise investment of the budget stabilization fund in accordance with chapter
N.D. Cent. Code § 54-52.1-07 — ND Code / Title 54 / Chapter 54-52.1 / Section 54-52.1-07
54-52.1-07. Optional coverage for employee's family
Status: in_force

54-52.1-07. Optional coverage for employee's family

Each eligible employee enrolled in the uniform group insurance program may elect to

include that person's spouse and all qualified dependents, as provided for in the plan, within the

hospital benefits coverage and medical benefits coverage, the state to pay the cost of such

coverage as provided in section 54-52.1-06.
N.D. Cent. Code § 54-59-21 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-21
54-59-21. Criminal justice information sharing board - Membership - Duties and powers - Director - Exempt records
Status: repealed

54-59-21. Criminal justice information sharing board - Membership - Duties and

powers - Director - Exempt records.

Repealed by S.L. 2015, ch. 37, § 15.
N.D. Cent. Code § 54-68-01 — ND Code / Title 54 / Chapter 54-68 / Section 54-68-01
54-68-01. Definitions
Status: in_force

54-68-01. Definitions

As used in this chapter:

1. "Agency permit" means temporary authorization given by the office to an employee of

a professional guardianship or professional conservatorship entity which allows the

permitholder to provide guardianship or conservatorship services as an agent of the

entity.

2. "Identifiable information" means an individual's personal details, including the

individual's name, address, telephone number, facsimile number, social security

number, electronic mail address, program identification number, employer identification

number, or any other unique identifying number, characteristic, or code and any

demographic information collected about the individual.

3. "Investigation counsel" means the guardianship and conservatorship counsel.

4. "Licensed conservator" means a person licensed by the office to provide

conservatorship services.

5. "Licensed guardian" means a person licensed by the office to provide guardianship

services.

6. "Office" means the office of guardianship and conservatorship.

7. "Operations committee" means the guardianship and conservatorship operations

committee established under section 54-68-03.

8. "Public conservator" means a conservator under contract with the office to provide

conservatorship services for an individual eligible for public services.

9. "Public guardian" means a guardian under contract with the office to provide

guardianship services for an individual eligible for public services.

10. "Public services" means state or federally funded programs administered by the office

available to eligible individuals.

11. "Review board" means the guardianship and conservatorship review board

established under section 54-68-05.

12. "Unlicensed conservator" means a person providing conservatorship services without

a conservator license.

13. "Unlicensed guardian" means a person providing guardianship services without a

guardian license.
N.D. Cent. Code § 54-03-35 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-35
54-03-35. Legacy fund - Cost-benefit analysis - Legacy and budget stabilization fund advisory board - State retirement and investment office - Legislative management procedures
Status: in_force

54-03-35. Legacy fund - Cost-benefit analysis - Legacy and budget stabilization fund

advisory board - State retirement and investment office - Legislative management

procedures.

1. The legacy and budget stabilization fund advisory board shall review any legislative,

initiated, or referred measure for asset allocation and investment policy affecting the

legacy fund. If the advisory board determines the measure or policy affects the legacy

fund, the advisory board shall request the state retirement and investment office to

arrange for the preparation and submission of a cost-benefit analysis.

2. The cost-benefit analysis must:

a. Include the estimated fiscal impact of the measure or policy for the next biennium

and for the next ten bienniums.

b. Be prepared by an independent consultant paid by the state retirement and

investment office.

3. If the legislative management determines a legislative measure affects the legacy

fund, the measure may not be referred to a committee of the legislative assembly

unless a cost-benefit analysis is appended to that measure.

a. If a committee of the legislative assembly determines a measure affecting the

legacy fund was referred to committee without a cost-benefit analysis, the

committee shall request a cost-benefit analysis. The committee may not act on

the measure unless the measure is accompanied by the cost-benefit analysis.

b. If a committee of the legislative assembly determines a proposed amendment to

a measure affects the legacy fund, the committee may not act on the proposed

amendment unless the amendment is accompanied by a cost-benefit analysis or

amended cost-benefit analysis.

4. The legislative management shall adopt a procedure for identifying measures and

proposed measures affecting the legacy fund. The procedure must include solicitation

of draft measures and proposals during the interim between legislative sessions from

legislators and agencies with bill introduction privileges and must include deadlines for

identification of the measures or proposals. If the legacy and budget stabilization fund

advisory board has not requested a cost-benefit analysis for a measure or proposed

measure, the legislative management shall request the state retirement and

investment office to arrange for the preparation and submission of a cost-benefit

analysis.
N.D. Cent. Code § 54-01-09.2 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-09.2
54-01-09.2. Concurrent jurisdiction - Vested upon acceptance
Status: in_force

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

The concurrent jurisdiction ceded by section 54-01-09.1 is vested upon acceptance by the

United States by and through its appropriate officials and continues so long as the lands within

the designated areas are dedicated to park or historic site purposes.
N.D. Cent. Code § 54-44.5-02 — ND Code / Title 54 / Chapter 54-44.5 / Section 54-44.5-02
54-44.5-02. Division of community services - Creation
Status: in_force

54-44.5-02. Division of community services - Creation

The division of community services is established in the department to provide technical

assistance to local governments, state agencies, and the executive branch in the area of

community and rural planning and development, policy research and development, and grant

program implementation. The commissioner shall appoint a director of the division upon the

basis of education and experience. The position of director is not a classified position and the

director shall serve at the pleasure of the commissioner. The director of the division may employ

such other professional, technical, and clerical persons as may be necessary and may fix their

compensation within the limits of legislative appropriation. All personnel within the division must

be allowed their actual and necessary travel expenses at the same rate as for other employees

of the state.
N.D. Cent. Code § 54-12-09.1 — ND Code / Title 54 / Chapter 54-12 / Section 54-12-09.1
54-12-09.1. Salary of assistant attorney general for board of university and school lands
Status: repealed

54-12-09.1. Salary of assistant attorney general for board of university and school

lands.

Repealed by S.L. 1953, ch. 306, § 1.
N.D. Cent. Code § 54-52-19.2 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-19.2
54-52-19.2. Grant of prior service credit after refund
Status: repealed

54-52-19.2. Grant of prior service credit after refund

Repealed by S.L. 2005, ch. 531, § 19.
N.D. Cent. Code § 54-34.4-03 — ND Code / Title 54 / Chapter 54-34.4 / Section 54-34.4-03
54-34.4-03. State tourism policy
Status: in_force

54-34.4-03. The director may license and charge a fee for photographs and logos and anything

with copyright or trademark protection.
N.D. Cent. Code § 54-11-13 — ND Code / Title 54 / Chapter 54-11 / Section 54-11-13
54-11-13. Salary of state treasurer
Status: in_force

54-11-13. Salary of state treasurer

The annual salary of the state treasurer 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 § 54-03.2-16 — ND Code / Title 54 / Chapter 54-03.2 / Section 54-03.2-16
54-03.2-16. Limitations of code
Status: in_force

54-03.2-16. Limitations of code

Nothing contained in this code may be construed to limit or prohibit the acquisition of

evidence or information by an investigating committee by any lawful means not provided for

herein.
N.D. Cent. Code § 54-21.2-04 — ND Code / Title 54 / Chapter 54-21.2 / Section 54-21.2-04
54-21.2-04. Inspections
Status: in_force

54-21.2-04. Inspections

All construction or work for which a permit is required pursuant to section 11-33-18,

subsection 6 of section 40-05-02, or other similar grant of authority is subject to inspection by

the local building inspector. The governing body of a city, county, or township that elects to

administer and enforce an energy conservation standard shall adopt and enforce the state

energy conservation standards. The state energy conservation standards may be amended by

cities, counties, and townships to conform to local needs. No construction may be covered

without inspection approval, and there must be a final inspection on all buildings when

completed and ready for occupancy. The building inspector may cause any structure to be

reinspected.
N.D. Cent. Code § 54-01-02.2 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-02.2
54-01-02.2. Notice of unclaimed funds
Status: repealed

54-01-02.2. Notice of unclaimed funds

Repealed by S.L. 1975, ch. 425, § 29.
N.D. Cent. Code § 54-60-02 — ND Code / Title 54 / Chapter 54-60 / Section 54-60-02
54-60-02. Department of commerce - Divisions
Status: in_force

54-60-02. Department of commerce - Divisions

The North Dakota department of commerce is created.

1. The department must consist of:

a. A division of community services;

b. A division of economic development and finance;

c. A division of tourism;

d. A division of workforce development; and

e. Any division or office the commissioner determines necessary to carry out this

chapter.

2. The commissioner shall appoint the director of each division of the department. Each

director appointed by the commissioner serves at the pleasure of the commissioner

and is entitled to receive a salary set by the commissioner within the limits of

legislative appropriations.
N.D. Cent. Code § 54-03-24 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-24
54-03-24. Administrative code
Status: in_force

54-03-24. Administrative code

Each member of the legislative assembly is entitled to receive electronic notification of

quarterly updates to the North Dakota administrative code as provided in section 28-32-20.
N.D. Cent. Code § 54-44.5-05 — ND Code / Title 54 / Chapter 54-44.5 / Section 54-44.5-05
54-44.5-05. Continuing appropriation
Status: in_force

54-44.5-05. Continuing appropriation

There is hereby appropriated as a standing and continuing appropriation to the department

for the purpose of carrying out the provisions of this chapter, including the administration of such

provisions, all moneys returned as repayments of federal or other funds granted under the

community development loan fund, and all earnings from the investment of such moneys, which

may be received from time to time by the division. Administrative expenses may only be

charged against such moneys to the extent permitted by federal law or regulations.
N.D. Cent. Code § 54-60-19 — ND Code / Title 54 / Chapter 54-60 / Section 54-60-19
54-60-19. Division of workforce development - Talent strategy - Performance and accountability - Report
Status: in_force

54-60-19. Division of workforce development - Talent strategy - Performance and

accountability - Report.

1. The division of workforce development, in developing and implementing the state's

talent strategy, shall:

a. Collect data on all workforce programs administered by state agencies, including

job service North Dakota, the department of career and technical education, the

superintendent of public instruction, the state board of higher education, the

department of health and human services, and other divisions of the department

of commerce, to determine standard measurements of success and to compile

and analyze the program data in a report to be provided to a standing committee

of each house of the legislative assembly as determined by the legislative

management during each regular legislative session.

b. Develop a comprehensive, consolidated biennial statewide strategic plan for the

state's system for workforce development, workforce training, and talent

attraction.

c. Continuously review, identify how to improve, and implement improvements to the

state's system for workforce development, workforce training, and talent

attraction.

d. Review all workforce development programs administered by state agencies for

the coordination and prevention of duplication of workforce development services.

2. The division of workforce development shall develop and implement a system of

performance and accountability measures for the state's system for workforce

development, workforce training, and talent attraction. Each partner of the state's

system for workforce development, workforce training, and talent attraction shall

cooperate in providing the division the data necessary to implement these measures.
N.D. Cent. Code § 54-38-02 — ND Code / Title 54 / Chapter 54-38 / Section 54-38-02
54-38-02. Alcoholism and drug abuse division
Status: repealed

54-38-02. Alcoholism and drug abuse division

Repealed by S.L. 1987, ch. 570, § 45.
N.D. Cent. Code § 54-52.2-01 — ND Code / Title 54 / Chapter 54-52.2 / Section 54-52.2-01
54-52.2-01. Deferred compensation program for public employees - Contract
Status: in_force

54-52.2-01. Deferred compensation program for public employees - Contract

The state or any county, city, or other political subdivision may, by contract, agree with any

employee to defer, in whole or in part, any portion of that employee's compensation and may

subsequently, with the consent of the employee, fund a deferred compensation program for the

employee. The deferred compensation program may consist of a contract, purchase, or

investment in a fixed or variable life insurance or annuity contract from any life underwriter duly

licensed by this state who represents an insurance company licensed to contract business in

this state, a savings account at a federally insured financial institution or the Bank of North

Dakota, an account with or managed by a dealer registered under chapter 10-04, or any

combination of contracts or accounts authorized by this section, as specified by the employee.

The public employees retirement board shall specify methods of payment of deferred

compensation funds to be selected by individual employees. That board shall determine the

number of employees participating in a deferred compensation program necessary to qualify for

automatic payroll deduction.
N.D. Cent. Code § 54-59-34 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-34
54-59-34. Statewide longitudinal data system - Information technology department - Duties
Status: in_force

54-59-34. Statewide longitudinal data system - Information technology department -

Duties.

1. The department shall manage a statewide longitudinal data system among education,

workforce, and training entities that:

a. Provides for the dissemination of management information to stakeholders and

partners of state education, training, and employment systems;

b. Is required to provide on an annual basis to education and workforce

development programs, to the extent permitted by federal law, the wage record

interchange system 2 data sharing agreement and the state wage interchange

system data sharing agreement and state performance reports that measure the

aggregate outcomes of participants in the workforce and continuing education

programs, including private workforce and education programs that request the

reports; and

c. Uses data from educational and workforce systems as central sources of

statewide longitudinal data.

2. The department may, subject to federal and state privacy laws, enter interagency

agreements, including agreements designating authorized representatives of the

educational agencies participating in the system, under the Family Educational Rights

and Privacy Act [20 U.S.C. 1232(g); 34 CFR 99].

3. The department shall establish policies and adopt rules addressing access to and the

collection, storage, and sharing of information and the systems necessary to perform

those functions, subject to applicable federal and state privacy laws and interagency

agreements and restrictions relating to confidential information required to conform to

applicable federal and state privacy laws.

4. The department shall provide operational oversight for information sharing activities

and make recommendations for and provide oversight of information sharing budgets.

5. The department shall:

a. Establish the terms and conditions under which a person may be authorized to

access data through the statewide longitudinal data system;

b. Direct that all statewide longitudinal data system administrators implement

approved data protection practices to ensure the security of electronic and

physical data, provided that the practices include requirements for encryption and

staff training;

c. Provide for biennial privacy and security audits of the statewide longitudinal data

system;

d. Establish protocols, including procedures, for the notification of students and

parents in the event of a data breach involving the statewide longitudinal data

system;

e. Require that data retention and disposition by the statewide longitudinal data

system be governed by the same policies as those instituted for the information

technology department; and

f. Require the provision of annual training regarding data protection to any

individuals who have access to the statewide longitudinal data system, including

school district employees, employees of the North Dakota university system office

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

elected or appointed state or local governmental officials.

6. The department may authorize studies to benefit and improve workforce training and

education.
N.D. Cent. Code § 54-44-03 — ND Code / Title 54 / Chapter 54-44 / Section 54-44-03
54-44-03. Director of the office of management and budget
Status: in_force

54-44-03. Director of the office of management and budget

There must be a director of the office of management and budget who must be appointed

by and serve at the will of the governor. The salary of the director must be set by the governor

within the limits of the amount appropriated for salaries by the legislative assembly, and the

director and other employees of the office must be reimbursed for expenses incurred in carrying

out the duties of their office at the same rate and in the same manner as other state officials.

The director is empowered to adopt rules, not inconsistent with law or rules established by the

governor, for the administration of the office of management and budget, the conduct of its

employees, the distribution and performance of its business, and the custody, use, and

preservation of the records, documents, and property pertaining thereto. The director is

empowered to set up such divisions or other internal organization within the office that the

director determines necessary in order to efficiently carry out the duties, powers, and

responsibilities of the office.
N.D. Cent. Code § 54-12-09 — ND Code / Title 54 / Chapter 54-12 / Section 54-12-09
54-12-09. Assistant attorney general for board of university and school lands - Appointment - Revocation - Oath
Status: in_force

54-12-09. Assistant attorney general for board of university and school lands -

Appointment - Revocation - Oath.

The attorney general shall appoint an assistant attorney general to act under the direction

and supervision of the attorney general as attorney for the board of university and school lands.

The appointment is revocable at the pleasure of the attorney general. Such assistant attorney

general upon appointment and before assuming the person's duties shall take the oath

prescribed for civil officers.
N.D. Cent. Code § 54-52.6-19 — ND Code / Title 54 / Chapter 54-52.6 / Section 54-52.6-19
54-52.6-19. Overpayments
Status: in_force

54-52.6-19. Overpayments

The board has the right of setoff to recover overpayments made under this chapter and to

satisfy any claims arising from embezzlement or fraud committed by a participating member,

deferred member under this chapter, refund beneficiary, or other person that has a claim to a

distribution or any other benefit from a plan governed by this chapter.
N.D. Cent. Code § 54-07-02 — ND Code / Title 54 / Chapter 54-07 / Section 54-07-02
54-07-02. Records kept by governor
Status: in_force

54-07-02. Records kept by governor

The governor shall cause to be kept the following records:

1. An account of all of the governor's official expenses and disbursements, including the

incidental expenses of the governor's department, and of all rewards offered by the

governor for the apprehension of criminals and persons charged with crime.

2. A register of all appointments made by the governor, with the date of the commission,

name of appointee, and predecessor.

These records and the originals of all reports must be preserved in the office of the governor.

Whenever any application for appointment to office is refused by the governor, the governor

may return the papers relating to the application.
N.D. Cent. Code § 54-07-07 — ND Code / Title 54 / Chapter 54-07 / Section 54-07-07
54-07-07. Governor's prevention and advisory council duties - Continuing appropriation
Status: in_force

54-07-07. Governor's prevention and advisory council duties - Continuing

appropriation.

The governor's prevention and advisory council shall contract with or grant funds to entities

within this state to discourage impaired driving and alcohol and drug abuse by minors. The

council may accept grants and gifts of any money, property, or service from any public or private

source for the purposes of this section. Any funding obtained by the council, not otherwise

appropriated, is appropriated on a continuing basis for the purposes of this section. Funding

appropriated for the purposes of this section may not be used for costs associated with an

initiated measure.
N.D. Cent. Code § 54-40.4-05 — ND Code / Title 54 / Chapter 54-40.4 / Section 54-40.4-05
54-40.4-05. Ratification by majority vote - Effect of unification - Former powers preserved - Supersession of existing charters and conflicting state laws - Filing of copies of new charter
Status: in_force

54-40.4-05. Ratification by majority vote - Effect of unification - Former powers

preserved - Supersession of existing charters and conflicting state laws - Filing of copies

of new charter.

1. If a majority of the qualified electors of the county and a majority of the qualified

electors of at least one city in the county voting on the question approves the charter, it

is ratified and becomes the organic law of the area on the first day of January or July

next following the election. However, the proposed charter may condition the approval

of the charter on separate approval by any number of specified counties or cities

participating in the charter process.

2. On the effective date, the separate corporate existence of the county and of each

participating city are unified into one unit of local government. The unified government

shall succeed to, possess, and own all of the assets and, except as otherwise

provided in the charter, becomes responsible for all the obligations and liabilities of

each affected county and city. Any provision of law authorizing contributions or aid of

any kind from the state or federal government to an affected county and city remains in

full force and effect with respect to the unified county-city government. All powers

granted any county or city by general law are granted to a home rule county-city.

3. The county-city home rule charter and the ordinances made pursuant to the charter

must be liberally construed to supersede, within the territorial limits and jurisdiction of

the affected area, any conflicting state law. The charter may not authorize the

enactment of ordinances to diminish the authority of boards of supervisors of a

township or to change the structure of township government in any organized civil

township, without the consent of the board of supervisors of the township. Any

ordinance of a unified county-city government does not supersede any specific

statutory limitation imposed on a home rule county or city.

4. One copy of the charter as ratified must be filed with the secretary of state, one with

the recorder, unless the board of county commissioners designates a different official,

for any affected county or city, and one with the officer of unified county-city

government responsible for maintaining permanent records. Courts shall take judicial

notice of the charter.
N.D. Cent. Code § 54-52.6-09.1 — ND Code / Title 54 / Chapter 54-52.6 / Section 54-52.6-09.1
54-52.6-09.1. Acceptance of rollovers
Status: in_force

54-52.6-09.1. Acceptance of rollovers

The plan may allow a participating member to transfer or rollover funds from other qualified

plans into the member's account under rules adopted by the board.
N.D. Cent. Code § 54-41-02 — ND Code / Title 54 / Chapter 54-41 / Section 54-41-02
54-41-02. Significant elements of coat of arms
Status: in_force

54-41-02. Significant elements of coat of arms

The colors of yellow gold and green are indicative of the great agricultural state of North

Dakota and has particular reference to ripening grain and the abundant grazing areas. The

Indian arrowhead forms the shield of the coat of arms and symbolizes the "Sioux State". The

three stars denote the trinity of government: legislative, executive, and judicial. Each star in the

bend is given the heraldic value of thirteen which signifies the thirteen original colonies of the

United States, and the cumulative numerical value of the three stars indicates that North Dakota

was the thirty-ninth state admitted to the Union. The stars also allude to the history of the

territory under three foreign flags. Three stars are borne upon the coat of arms of Meriwether

Lewis of the Lewis and Clark expedition and also on the coat of arms of Lord Selkirk, head of

the first permanent settlement in this state. The fleur-de-lis alludes to LaVerendrye, a French

explorer who was the first known white man to visit the territory of this state. The blue and gold

wreath in the crest reflects the history of the territory as part of the Louisiana purchase. The

crest which shall constitute the military crest of the state of North Dakota is a motif taken from

the state seal and to the Sioux Indian tribes signifies mighty warriors.
N.D. Cent. Code § 54-52.1-18 — ND Code / Title 54 / Chapter 54-52.1 / Section 54-52.1-18
54-52.1-18. High-deductible health plan alternative with health savings account option
Status: in_force

54-52.1-18. High-deductible health plan alternative with health savings account

option.

1. The board shall develop and implement a high-deductible health plan as an alternative

to the plan under section 54-52.1-02. The high-deductible health plan alternative with a

health savings account must be made available to state employees by January 1,

2012. After June 30, 2015, at the board's discretion, the high-deductible health plan

alternative may be offered to political subdivisions for coverage of political subdivision

employees. If a political subdivision elects this high-deductible option the political

subdivision may not offer the plan under section 54-52.1-02.

2. Health savings account fees for participating state employees must be paid by the

employer.

a. Except as provided in subdivision b, subject to the limits of section 223(b) of the

Internal Revenue Code [26 U.S.C. 223(b)], the difference between the cost of the

single and family premium for eligible state employees under section 54-52.1-06

and the premium for those employees electing to participate under the

high-deductible health plan under this section must be deposited in a health

savings account for the benefit of each participating employee.

b. If the public employees retirement system is unable to establish a health savings

account due to the employee's ineligibility under federal or state law or due to

failure of the employee to provide necessary information in order to establish the

account, the system is not responsible for depositing the health savings account

contribution. The member will remain a participant in the high-deductible health

plan regardless of whether a health savings account is established.

c. If a member closes the health savings account established for that member under

this section, the system is not responsible for depositing the health savings

account contribution after that closure.

3. Each new state employee must be provided the opportunity to elect the

high-deductible health plan alternative. At least once each biennium, the board shall

provide an open enrollment period allowing existing state employees or a political

subdivision to change their coverage.
N.D. Cent. Code § 54-17-30 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-30
54-17-30. Procedure on default on guaranteed beginning farmer security loan
Status: repealed

54-17-30. Procedure on default on guaranteed beginning farmer security loan

Repealed by S.L. 1983, ch. 126, § 2.
N.D. Cent. Code § 54-03.2-03 — ND Code / Title 54 / Chapter 54-03.2 / Section 54-03.2-03
54-03.2-03. Establishment of investigating committees by legislative assembly
Status: in_force

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

An investigating committee may exercise its powers during sessions of the legislative

assembly and also in the interim between sessions when so provided by law or by the motion,

resolution, or statute by which the committee was established or from which it derives its

investigatory powers. The motion, resolution, or statute establishing a temporary investigating

committee must state the committee's purposes, powers, duties, and duration, the subject

matter and scope of its investigatory authority, and the number of its members.
N.D. Cent. Code § 54-59-15 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-15
54-59-15. Acceptance of funds
Status: in_force

54-59-15. Acceptance of funds

The department may accept federal or other funds, which must be deposited in the

information technology operating fund or other funds specified by the office of management and

budget and which may be spent subject to legislative appropriation. The department may apply

for any public or private grants available for the improvement of information technology.
N.D. Cent. Code § 54-40-06 — ND Code / Title 54 / Chapter 54-40 / Section 54-40-06
54-40-06. Residence requirement
Status: in_force

54-40-06. Residence requirement

Residence requirements for holding office in any governmental unit do not apply to any

officer appointed to carry out any such agreement.
N.D. Cent. Code § 54-27-29 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-29
54-27-29. Effective date of census data - Tax distributions
Status: in_force

54-27-29. Effective date of census data - Tax distributions

Unless otherwise provided by this code, the effective date for federal decennial census data

on any population-based tax distributions made by the state treasurer is July first following the

release of the federal decennial census data.
N.D. Cent. Code § 54-44.4-02.2 — ND Code / Title 54 / Chapter 54-44.4 / Section 54-44.4-02.2
54-44.4-02.2. Specified exempt commodities and services - Report to the budget section
Status: in_force

54-44.4-02.2. Specified exempt commodities and services - Report to the budget

section.

The director of the office of management and budget shall report to the budget section in

December of even-numbered years on specified commodities and services exempted by written

directive of the director from the procurement requirements of chapter 54-44.4.
N.D. Cent. Code § 54-18-04.1 — ND Code / Title 54 / Chapter 54-18 / Section 54-18-04.1
54-18-04.1. Marketing functions exempt from Securities Act
Status: in_force

54-18-04.1. Marketing functions exempt from Securities Act

The association is exempt from the provisions of chapter 10-04 when in the performance of

its authorized marketing functions. The exemption provided under this section also applies to

any agency or instrumentality of the association and to any agent or employee of the

association or any agency or instrumentality thereof.
N.D. Cent. Code § 54-44.6-08 — ND Code / Title 54 / Chapter 54-44.6 / Section 54-44.6-08
54-44.6-08. Rules
Status: in_force

54-44.6-08. Rules

The manager may adopt any rules in accordance with chapter 28-32 necessary to

effectuate the purposes of this chapter.
N.D. Cent. Code § 54-24.3-03 — ND Code / Title 54 / Chapter 54-24.3 / Section 54-24.3-03
54-24.3-03. North Dakota library coordinating council powers and duties
Status: in_force

54-24.3-03. North Dakota library coordinating council powers and duties

In the administration of this chapter, the North Dakota library coordinating council may:

1. Adopt rules for the conduct of business.

2. Provide guidance for the development, implementation, and improvement of regional

library cooperatives.

3. Enter contracts necessary for establishing and governing regional library cooperatives.

4. Use the staff of the state library in consultation with the state librarian.

5. Adopt a compensation plan for staff as necessary for establishing and governing

regional library cooperatives.

6. Set the terms and conditions of statewide service contracts with libraries.

7. Determine necessary or desirable regional or statewide library programs or services.

8. Propose standards for service.

9. Set reimbursement formulas among regional library cooperatives for reciprocal

borrowing and other cooperative plans and set statewide policies for reimbursement

formulas for reciprocal borrowing.

10. Conduct periodic performance reviews of all categories of coordinating council

grant-funded projects and make service revisions.
N.D. Cent. Code § 54-34-11 — ND Code / Title 54 / Chapter 54-34 / Section 54-34-11
54-34-11. Statement of purpose
Status: in_force

54-34-11. Statement of purpose

The purpose of sections 54-34-11 through 54-34-15 is to improve the dissemination of

information regarding informal investment opportunities to potential investors and

entrepreneurs, and thereby stimulate the growth of small businesses in the state.
N.D. Cent. Code § 54-03-20.1 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-20.1
54-03-20.1. Compensation for attending legislators
Status: repealed

54-03-20.1. Compensation for attending legislators

Repealed by S.L. 1985, ch. 558, § 4.
N.D. Cent. Code § 54-17-10 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-10
54-17-10. Powers and duties of commission in operating industries
Status: in_force

54-17-10. Powers and duties of commission in operating industries

In the management, operation, and control of all utilities, industries, enterprises, and

business projects established, owned, undertaken, administered, or operated by the state, and

to accomplish the purposes of this chapter, the industrial commission shall:

1. Acquire by purchase, lease, or, subject to chapter 32-15, by exercise of the right of

eminent domain, all necessary property or property rights, and hold and possess or

sell the whole or any part thereof.

2. Construct and reconstruct necessary buildings on the properties acquired.

3. Equip, maintain, repair, and alter any and all properties acquired and the

improvements thereon.

4. Generally use properties acquired and improvements made so as to promote such

utilities, industries, enterprises, and business projects.
N.D. Cent. Code § 54-68-02 — ND Code / Title 54 / Chapter 54-68 / Section 54-68-02
54-68-02. Office of guardianship and conservatorship - Purpose - Powers and duties - Report - Audit
Status: in_force

54-68-02. Office of guardianship and conservatorship - Purpose - Powers and duties -

Report - Audit.

1. The office of guardianship and conservatorship is established, consisting of the

operations committee, office staff, and review board.

2. The office, in its capacity of supervising and directing guardianship and

conservatorship, shall operate independently of any state agency that provides

services to individuals under guardianship or conservatorship. The office shall

administer programs assigned by state law. The office may adopt rules to administer

and enforce this chapter.

3. The office shall:

a. Develop policies and procedures, including eligibility criteria for:

(1) Receiving public services;

(2) A public guardian or a public conservator;

(3) A licensed guardian or a licensed conservator; and

(4) Distribution of funding for direct payments and expense reimbursements for

public services.

b. Develop ethical standards for:

(1) A licensed guardian or a licensed conservator; and

(2) An unlicensed guardian or an unlicensed conservator.

c. Monitor guardianship and conservatorship services.

d. Develop policies and procedures for proceedings if a guardian or a conservator is

unable to fulfill the duties of a guardian or a conservator.

e. Keep accurate records of all financial transactions performed under this chapter

in the manner required by the office of management and budget.

f. Provide a report each biennium to the legislative management regarding the

operations of the office, including the cost of public guardians and public

conservators, and any other information requested by the legislative

management.

4. The office may:

a. Recommend rules applicable to a licensed guardian or a licensed conservator.

b. Grant licenses to a guardian or conservator and agency permits, including

revoking or suspending an agency permit.

c. Require insurance or bond coverage for a licensed guardian or a licensed

conservator as a condition for licensure.

d. Establish mandatory disclosure and reporting requirements for a licensed

guardian or a licensed conservator, including a process to disclose information or

submit reports to the office.

e. Provide training for guardians and conservators.

f. Provide annual reports to the governor.

g. Distribute funding for direct payments, expense reimbursements, or other public

services, including funding for public administrators.

h. Establish and collect fees to support guardianship and conservatorship services

and the duties of the office, which must be deposited in the guardianship and

conservatorship support fund.

i. Seek and apply for private, federal, or other funds to help support guardians and

conservators and to safeguard the rights of individuals who receive public

services.

j. Accept private funds for deposit in the guardianship and conservatorship support

fund.

5. The office may not authorize payment for services for any public guardian or public

conservator that provides services for more individuals than allowed through statute,

regulation, or administrative rule.

6. The office, its officers, or its employees may not act as a public guardian or a public

conservator or act in any other representative capacity for any individual. This

subsection does not prohibit an officer or employee from acting as a guardian or

conservator in a personal capacity apart from any duties as an officer or employee.

7. The office is subject to audits by the state auditor under chapter 54-10.

8. The director of the office of management and budget shall allocate office space in the

state capitol for the office of guardianship and conservatorship, or, if office space in the

capitol is unavailable, shall negotiate for, contract for, and obtain office space for the

office in the city of Bismarck or in the Bismarck area. The office of guardianship and

conservatorship's office space may not be located in the office space of the

department of health and human services or the judicial branch and must provide

sufficient privacy and security for the office to conduct its business. The director of the

office of management and budget shall charge the office of guardianship and

conservatorship an amount equal to the fair value of the office space and related

services the office of management and budget renders to the office of guardianship

and conservatorship.
N.D. Cent. Code § 54-17-22 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-22
54-17-22. Commission authorized to act as planning agency of state and to negotiate and contract with federal housing administration
Status: repealed

54-17-22. Commission authorized to act as planning agency of state and to negotiate

and contract with federal housing administration.

Repealed by S.L. 1999, ch. 457, § 1.
N.D. Cent. Code § 54-17.5-04 — ND Code / Title 54 / Chapter 54-17.5 / Section 54-17.5-04
54-17.5-04. Industrial commission powers
Status: in_force

54-17.5-04. Industrial commission powers

The industrial commission is hereby granted all powers necessary or appropriate to carry

out and effectuate the purposes of this chapter, including the power:

1. To make grants or loans, and to provide other forms of financial assistance as

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

marketing projects, processes, or activities directly related to lignite and products

derived from lignite.

2. To make and execute contracts and all other instruments necessary or convenient for

the performance of its powers and functions under this chapter, including the authority

to contract for the administration of the lignite research, development, and marketing

program.

3. To allocate sufficient funding from the lignite research, development, and marketing

program to retain a technical advisor, as determined necessary by the lignite research

council, to support program operations and provide expert analysis, project evaluation,

research coordination, and industry engagement to advance the objective of the lignite

research program and ensure the effective and strategic use of program funds.

4. To issue evidences of indebtedness as authorized in this chapter and to borrow money

in an amount not to exceed six million dollars from the Bank of North Dakota for a

period not to exceed five years on the terms and conditions as the Bank of North

Dakota and the industrial commission may approve without the necessity of

establishing or maintaining any reserve fund as otherwise required by section

54-17.5-05.

5. To receive and accept aid, grants, or contributions of money or other things of value

from any source to be held, used, and applied to carry out the purposes of this

chapter, subject to the conditions upon which the aid, grants, or contributions are

made, including aid, grants, or contributions from any department, agency, or

instrumentality of the United States for any purpose consistent with the provisions of

this chapter.

6. To issue and sell evidences of indebtedness in an amount or amounts as the

commission may determine, plus costs of issuance, financing, and any evidences of

indebtedness funded reserve funds required by agreements with or for the benefit of

holders of the evidences of indebtedness for the purpose of funding research,

development, and marketing projects, processes, or activities directly related to lignite

and products derived from lignite.

7. To refund and refinance its evidences of indebtedness from time to time as often as it

is advantageous and in the public interest to do so, and to pledge any and all income

and revenues derived by the commission under this chapter or from a project, process,

or activity funded under this chapter to secure payment or redemption of the evidences

of indebtedness.

8. To keep accurate records of all financial transactions performed under this chapter.

9. To adopt and enforce policies to effectuate the purpose of this chapter.
N.D. Cent. Code § 54-52.2-04 — ND Code / Title 54 / Chapter 54-52.2 / Section 54-52.2-04
54-52.2-04. Definition - Employee
Status: in_force

54-52.2-04. Definition - Employee

For the purpose of this chapter, "employee" means any person, whether appointed, elected,

or under contract, employed by the state or a political subdivision, who is at least eighteen years

of age and employed in an approved and regularly funded position of unlimited duration for

twenty hours or more per week and at least five months each year. For purposes of this chapter,

"employee" also means a member of the legislative assembly.
N.D. Cent. Code § 54-17-40 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-40
54-17-40. Housing incentive fund - Continuing appropriation - Report to budget section
Status: in_force

54-17-40. Housing incentive fund - Continuing appropriation - Report to budget

section.

1. The housing incentive fund is a special fund in the state treasury administered by the

housing finance agency. Moneys in the fund are appropriated to the housing finance

agency on a continuing basis for assistance under subsection 3. Moneys in the fund

may be transferred to the housing finance agency's operating fund for administrative

expenses, which are subject to legislative appropriation.

2. a. After a public hearing, the housing finance agency shall create an annual

allocation plan for the distribution of the fund as authorized under subsection 3.

b. The annual allocation plan must give priority to provide housing for individuals

and families of low or moderate income. For purposes of this priority, eligible

income limits are determined as a percentage of median family income as

published in the most recent federal register notice. Under this priority, the annual

allocation plan must give preference to projects that benefit households with the

lowest income and to projects that have rent restrictions at or below department

of housing and urban development published federal fair market rents or

department of housing and urban development section 8 payment standards.

c. At least ten percent of the fund must be used to assist developing communities to

address an unmet housing need or alleviate a housing shortage.

3. The housing finance agency shall adopt guidelines for the fund so as to address

unmet housing needs in this state. Assistance from the fund may be used solely for:

a. New construction, rehabilitation, preservation, or acquisition of a multifamily

housing project;

b. New construction, rehabilitation, preservation, or acquisition of a single-family

housing project in a developing community or a community land trust project;

c. Gap assistance, matching funds, and accessibility improvements;

d. Assistance that does not exceed the amount necessary to qualify for a loan using

underwriting standards acceptable for secondary market financing or to make the

project feasible; and

e. Rental assistance, emergency assistance, barrier mitigation, or services

designated to prevent or end homelessness.

4. Eligible recipients include units of local, state, and tribal government; local and tribal

housing authorities; community action agencies; regional planning councils; and

nonprofit organizations and for-profit developers of residential housing. Individuals

may not receive direct assistance from the fund.

5. Except for subdivision d of subsection 3, assistance is subject to repayment or

recapture under the guidelines adopted by the housing finance agency. Any assistance

that is repaid or recaptured must be deposited in the fund and is appropriated on a

continuing basis for the purposes of this section.

6. The agency may collect a reasonable administrative fee from the fund, project

developers, applicants, or grant recipients. The origination fee assessed to grant

recipients may not exceed five percent of the project award.

7. Upon request, the housing finance agency shall report to the industrial commission

regarding the activities of the housing incentive fund.

8. At least once per biennium, the housing finance agency shall provide a report to the

budget section of the legislative management regarding the activities of the housing

incentive fund.
N.D. Cent. Code § 54-40-10 — ND Code / Title 54 / Chapter 54-40 / Section 54-40-10
54-40-10. Human services - Certification - Standards
Status: repealed

54-40-10. Human services - Certification - Standards

Repealed by S.L. 1981, ch. 486, § 37.
N.D. Cent. Code § 54-27-20 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-20
54-27-20. Revenue sharing trust fund
Status: in_force

54-27-20. Revenue sharing trust fund

A revenue sharing trust fund is hereby created in the state treasury for deposit of all

payments received by the state under the Fiscal Assistance to State and Local Governments

Act (federal-state revenue sharing) [Pub. L. 92-512; 86 Stat. 919] and acts amendatory thereto.

Interest earned on these deposits must be deposited in the trust fund and disbursed in

accordance with federal and state law. Moneys in the trust fund must be disbursed as

authorized by legislative appropriations and federal and state law upon vouchers prepared by

the director of the office of management and budget.
N.D. Cent. Code § 54-06-29 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-29
54-06-29. Expenses incurred to collect funds owed the state - Continuing appropriation
Status: in_force

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

appropriation.

If a state agency enters a contract with a collection or credit agency to collect money due

the state, the fees for services, reimbursement, or other remuneration to the collection or credit

agency must be based on the amount of money actually collected. All funds collected on behalf

of a state agency by a collection or credit agency must be deposited with the state treasurer. An

amount equal to the amount of fees for services, reimbursement, or any other remuneration to

the collection or credit agency as set forth in the contract is appropriated from the fund into

which the money collected was deposited to the state agency for which the funds were collected

for the payment of fees due under the contract.
N.D. Cent. Code § 54-44-04.1 — ND Code / Title 54 / Chapter 54-44 / Section 54-44-04.1
54-44-04.1. The director of the office of management and budget shall have authority to withhold or deduct certain amounts from employees' compensation
Status: in_force

54-44-04.1. The director of the office of management and budget shall have authority

to withhold or deduct certain amounts from employees' compensation.

The director of the office of management and budget, in addition to other deductions or

withholdings authorized or permitted by law, is authorized to withhold or deduct from the

employees' monetary compensation such amounts as may be determined by the employer and

employees to participate in tax-favored or tax-sheltered annuity programs which are authorized

by the federal Internal Revenue Code.
N.D. Cent. Code § 54-09-13 — ND Code / Title 54 / Chapter 54-09 / Section 54-09-13
54-09-13. Role of secretary of state in filing signed documents and records
Status: in_force

54-09-13. Role of secretary of state in filing signed documents and records

Whenever any provision of law requires or permits a signed document or record to be filed

with the secretary of state, the provision may not be construed to require the secretary of state

to make any determination the signed document or record filed or to be filed has been properly

signed or executed by or on behalf of the filer.
N.D. Cent. Code § 54-59-02 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-02
54-59-02. Information technology department - Responsibility - Public policy
Status: in_force

54-59-02. Information technology department - Responsibility - Public policy

The information technology department is established with the responsibility for all wide

area network services planning, selection, and implementation for all state agencies, including

institutions under the control of the board of higher education, counties, cities, and school

districts in this state. With respect to a county, city, or school district, wide area network services

are those services necessary to transmit voice, data, or video outside the county, city, or school

district. In exercising its powers and duties, the department is responsible for computer support

services, host software development, statewide communications services, standards for

providing information to other state agencies and the public through the internet, technology

planning, process redesign, and quality assurance. The department may not exercise its powers

and duties in a manner that competes or otherwise interferes with the provision of

telecommunications service to a private, charitable, or nonprofit entity by a privately or

cooperatively owned telecommunications company.
N.D. Cent. Code § 54-44.1-15 — ND Code / Title 54 / Chapter 54-44.1 / Section 54-44.1-15
54-44.1-15. Indirect cost recoveries from federal programs and special funds
Status: in_force

54-44.1-15. Indirect cost recoveries from federal programs and special funds

The office of management and budget shall develop a statewide central service indirect cost

allocation plan according to federal cost allocation principles. Any state agency receiving federal

funds shall seek reimbursement from the federal programs for indirect costs appropriately

allocated to the agency in the plan. Any recoveries of central service indirect costs must be

deposited in the state general fund at least once annually by the agency as determined by the

office of management and budget. The office of management and budget may exclude an

agency or agencies from the requirements of this section.

The office of management and budget may bill special fund agencies for central service

indirect costs as determined in the cost allocation plan in the ratio that the agency's special

funds are to its total budget. Appropriation authority to cover the billings must be included in the

budgets of the special fund agencies.
N.D. Cent. Code § 54-21-09 — ND Code / Title 54 / Chapter 54-21 / Section 54-21-09
54-21-09. Report of director to governor and office of management and budget
Status: repealed

54-21-09. Report of director to governor and office of management and budget

Repealed by S.L. 1991, ch. 592, § 47.
N.D. Cent. Code § 54-35-25 — ND Code / Title 54 / Chapter 54-35 / Section 54-35-25
54-35-25. Legislative promotional expenses
Status: in_force

54-35-25. Legislative promotional expenses

The legislative management shall establish a policy regarding promotional expenses made

on behalf of the legislative assembly. Any expenditure made pursuant to this section must be

reported to the legislative management. An expenditure under this section 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 § 54-24-03.2 — ND Code / Title 54 / Chapter 54-24 / Section 54-24-03.2
54-24-03.2. State library operating fund
Status: in_force

54-24-03.2. State library operating fund

The state library's operating fund is a special fund in the state treasury. All moneys received

for book replacement, cataloging services, and other miscellaneous library services must be

deposited in this fund. Moneys in the fund are to be used pursuant to legislative appropriation

for provision of services under this chapter.
N.D. Cent. Code § 54-30-17 — ND Code / Title 54 / Chapter 54-30 / Section 54-30-17
54-30-17. Bank of North Dakota to collect obligations secured by mortgage
Status: in_force

54-30-17. Bank of North Dakota to collect obligations secured by mortgage

If the obligation secured by any mortgage held by the state treasurer under the provisions of

this chapter is not performed by the mortgagor according to its terms, or if any condition

expressed in any such mortgage is not performed and kept according to its terms, the state

treasurer shall certify the facts to the president of the Bank of North Dakota, who shall proceed

as agent of the state treasurer as trustee for the state of North Dakota, by foreclosure or

otherwise, to make collection of the obligation secured. The Bank of North Dakota shall make

collection of the principal and interest on all mortgages taken under the provisions of this

chapter.
N.D. Cent. Code § 54-17-26 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-26
54-17-26. Bonds eligible for investment - Sale of bonds
Status: in_force

54-17-26. Bonds eligible for investment - Sale of bonds

Bonds issued under section 54-17-25 may be acquired and held by banks and by savings

and loan associations of this state as well as by all public trust funds. They may be issued and

sold at public or private sale or by negotiation as the industrial commission may direct and the

commission may make, enter into, and enforce all contracts or agreements necessary,

convenient, or desirable for the purposes of the commission or pertaining to any purchase or

sale of the bonds or other investments or to the performance of its duties and execution or

carrying out of any of its powers under section 54-17-25.
N.D. Cent. Code § 54-34.3-04 — ND Code / Title 54 / Chapter 54-34.3 / Section 54-34.3-04
54-34.3-04. Director - Compensation - Duties
Status: in_force

54-34.3-04. Director - Compensation - Duties

A director shall supervise and control the division. The director shall:

1. Manage the internal operations of the division and establish policies that promote the

orderly and efficient administration of the division;

2. Appoint personnel as may be determined necessary to carry out this chapter and fix

their compensation within the limits of legislative appropriations;

3. Assume central responsibility to develop, implement, and coordinate within state

government a comprehensive program of economic development consistent with the

mission of the division;

4. Coordinate that program of economic development with all other appropriate state and

local government departments, agencies, institutions, and organizations that perform

research, develop and administer programs, gather statistics, or perform other

functions relating to economic development, and those government entities shall

advise, cooperate, and provide reasonable assistance to the director in carrying out

this chapter;

5. Advise, and cooperate with, departments and agencies of the federal government and

of other states, private business and agricultural organizations and associations,

research institutions, and any individual or other private or public entity, and call upon

those entities or individuals for consultation and assistance in their respective fields of

endeavor or interest in order that the division and the state may benefit from

up-to-date technical advice, information, and assistance;

6. Cooperate with individuals and both public and private entities, including the state's

congressional delegation, in identifying and pursuing potential sources of funding and

to receive those funds to be expended for purposes consistent with this chapter;

7. Have authority to enter into contracts upon terms and conditions as determined by the

director to be reasonable and to effectuate the purposes of this chapter;

8. Identify and coordinate sources of capital and financial assistance, including lending

programs of the Bank of North Dakota, and administer programs of financial

assistance placed under the administration of the division, to business and industry,

local governments, and other entities and individuals in the state consistent with the

mission of the division; and

9. Have authority to do any and all other things necessary and proper to carry out this

chapter.
N.D. Cent. Code § 54-63.1-07 — ND Code / Title 54 / Chapter 54-63.1 / Section 54-63.1-07
54-63.1-07. Clean sustainable energy fund - Continuing appropriation - Line of credit - Loans - Repayments
Status: in_force

54-63.1-07. Clean sustainable energy fund - Continuing appropriation - Line of credit -

Loans - Repayments.

1. There is created in the state treasury the clean sustainable energy fund. The fund

consists of all moneys transferred to the fund by the legislative assembly; loan

proceeds; interest upon moneys in the fund; principal and interest payments to the

fund; and donations, grants, and other contributions received by the commission for

deposit in the fund. All moneys in the fund are appropriated to the commission on a

continuing basis to provide grants, loans, and other financial assistance and for

administrative and operating costs of the authority and program pursuant to the

provisions under this chapter.

2. Any bond proceeds deposited in the fund must be used for loans or loan guarantees.

The Bank of North Dakota shall deposit in the fund all principal and interest paid on the

loans made from the fund. The Bank may use a portion of the interest paid on the

outstanding loans as a servicing fee to pay for administrative costs, not to exceed

one-half of one percent of the amount of the interest payment. The fund must be

audited annually pursuant to section 6-09-29, and the cost of the audit must be paid

from the fund.

3. The Bank of North Dakota shall extend a line of credit to the industrial commission to

support loans or loan guarantees issued from the clean sustainable energy fund. The

line of credit may not exceed three hundred ninety million dollars, and the interest rate

associated with the line of credit must be the prevailing interest rate charged to North

Dakota governmental entities. The industrial commission shall repay the line of credit

from moneys available in the clean sustainable energy fund derived from payments

received on loans issued under this chapter or other sources. If the moneys available

from the clean sustainable energy fund on June 30, 2029, are not sufficient to repay

the line of credit, the industrial commission shall request from the legislative assembly

a deficiency appropriation to repay the line of credit or the industrial commission may

repay the line of credit from other funds, as appropriated by the legislative assembly.

4. The industrial commission may access the line of credit to the extent needed through

June 30, 2029, to provide funding as authorized by the legislative assembly to support

loans or loan guarantees issued from the clean sustainable energy fund. Any moneys

borrowed from the Bank of North Dakota pursuant to this section must be transferred

to the clean sustainable energy fund to support loans or loan guarantees.
N.D. Cent. Code § 54-44-04.4 — ND Code / Title 54 / Chapter 54-44 / Section 54-44-04.4
54-44-04.4. Payment of unemployment compensation claims
Status: in_force

54-44-04.4. Payment of unemployment compensation claims

The office of management and budget shall quarterly reimburse job service North Dakota

for the amount of actual claims paid by job service North Dakota to eligible recipients previously

employed by state departments and institutions. Each department and institution shall verify and

certify the validity of each unemployment claim prior to the reimbursement of funds to job

service North Dakota.
N.D. Cent. Code § 54-59-01 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-01
54-59-01. Definitions
Status: in_force

54-59-01. Definitions

As used in this chapter:

1. "Agency" or "entity" does not include any agricultural commodity promotion group or

any occupational or professional board.

2. "Cybersecurity" means processes or capabilities, wherein, systems, communications,

and information are protected and defended against damage, unauthorized use or

modification, and exploitation.

3. "Cybersecurity strategy" means a vision, plan of action, or guiding principles. Unless

otherwise defined in this chapter, the term does not mean an associated operational

plan.

4. "Department" means the information technology department.

5. "Information technology" means the use of hardware, software, services, and

supporting infrastructure to manage and deliver information using voice, data, and

video.

6. "Major information technology project" means a project that meets one or more of the

following criteria, as determined by the chief information officer:

a. An estimated total cost, as defined by the department, of five million dollars or

more;

b. Requires one year or longer to reach operational status; or

c. Requires oversight due to its potential benefits, risks, public impact, visibility, or

other significant reason.

7. "Network services" means the equipment, software, and services necessary to

transmit voice, data, or video.
N.D. Cent. Code § 54-44.3-26 — ND Code / Title 54 / Chapter 54-44.3 / Section 54-44.3-26
54-44.3-26. Penalty
Status: in_force

54-44.3-26. Penalty

Any person who intentionally violates any provision of this chapter is guilty of an infraction

and, upon conviction thereof, is, for a period of one year, ineligible for appointment or

employment in the classified service.
N.D. Cent. Code § 54-10-03 — ND Code / Title 54 / Chapter 54-10 / Section 54-10-03
54-10-03. Official bond
Status: repealed

54-10-03. Official bond

Repealed by S.L. 1999, ch. 113, § 24.
N.D. Cent. Code § 54-06-14.4 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-14.4
54-06-14.4. State employee leave for organ or bone marrow donation
Status: in_force

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

The executive officer in charge of a state agency may grant a leave of absence, not to

exceed twenty workdays, to an employee for the purpose of donating an organ or bone marrow.

Notwithstanding the limitations for the donation and use of donated leave under section

54-06-14.7, an employee may request and use donated annual leave or sick leave for the

purpose of donating an organ or bone marrow. If an employee requests donations of sick leave

or annual leave, but does not receive the full amount needed for the donation of an organ or

bone marrow, the executive officer of the state agency may grant a paid leave of absence for

the remainder of the leave up to the maximum total of twenty workdays. The executive officer of

the state agency may require verification by a physician regarding the purpose of the leave

requested and information from the physician regarding the length of the leave requested. Any

paid leave of absence granted under this section may not result in a loss of compensation,

seniority, annual leave, sick leave, or accrued overtime for which the employee is otherwise

eligible.
N.D. Cent. Code § 54-18-17 — ND Code / Title 54 / Chapter 54-18 / Section 54-18-17
54-18-17. Industrial commission to establish research and processing unit for soybeans and flaxseed
Status: in_force

54-18-17. Industrial commission to establish research and processing unit for

soybeans and flaxseed.

The industrial commission shall install at the association equipment for the processing of

soybeans and flaxseed and equipment designed for the conducting of research leading to the

manufacture and sale of soybeans and flaxseed. Storage facilities also must be established for

the storage of soybeans and flaxseed.
N.D. Cent. Code § 54-12-16 — ND Code / Title 54 / Chapter 54-12 / Section 54-12-16
54-12-16. Powers of drug enforcement unit personnel
Status: repealed

54-12-16. Powers of drug enforcement unit personnel

Repealed by S.L. 2009, ch. 125, § 4.
N.D. Cent. Code § 54-52.6-10 — ND Code / Title 54 / Chapter 54-52.6 / Section 54-52.6-10
54-52.6-10. Vesting
Status: in_force

54-52.6-10. Vesting

1. A participating member is immediately one hundred percent vested in that member's

contributions made to that member's account under this chapter. A participating

member vests in the employer contributions made on that member's behalf to an

account under this chapter according to the following schedule:

a. Upon completion of two years of service, fifty percent.

b. Upon completion of three years of service, seventy-five percent.

c. Upon completion of four years of service, one hundred percent.

2. A participating member also becomes one hundred percent vested in the employer

contributions upon reaching age sixty-five. A participating member who was a member

or deferred member of the public employees retirement system under chapter 54-52

who makes an election to participate in the defined contribution retirement plan under

section 54-52.6-02 or 54-52.6-02.2 must be credited with the years of service accrued

under the public employees retirement system on the effective date of participation in

the defined contribution retirement plan for the purpose of meeting vesting

requirements for benefits under this section. Any forfeiture as a result of the failure of a

participating member to vest in the employer contribution must be deposited in the

administrative expenses account.
N.D. Cent. Code § 54-09-10 — ND Code / Title 54 / Chapter 54-09 / Section 54-09-10
54-09-10. Secretary of state to compile lists for crops and livestock - Distribution of lists
Status: in_force

54-09-10. Secretary of state to compile lists for crops and livestock - Distribution of

lists.

1. From the computerized central indexing system, the secretary of state or a designee

shall produce electronically a list for crops and a list for livestock that each contain the

information as filed pursuant to section 41-09-72. The secretary of state shall also

include on the lists the information filed for crops and livestock pursuant to sections

35-17-04, 35-30-02, and 35-31-02. The lists must be in alphabetical order according to

the last name of, or in numerical order according to the social security number of, the

person engaged in farming operations. The lists may be prepared in categories

according to county, regions as designated by the secretary of state, or on a statewide

basis. If requested, the lists must be in printed form. Each list must conspicuously note

the effective date of the list.

2. The secretary of state shall distribute by mail or deliver electronically the lists prepared

pursuant to subsection 1. If requested, the secretary of state shall mail or deliver

electronically the lists to any person making a request at a fee as provided in section

54-09-11.

3. Upon a verbal request of any person, the secretary of state or a designee of the

secretary of state shall verbally provide information contained on a list generated

through the computerized central indexing system if the collateral is crops or livestock.

The requesting party may request electronically a certificate from the central indexing

system to confirm the information given. Direct computer access is equivalent to oral

confirmation, and a computer printout constitutes the written confirmation of the

secretary of state, if use of this method of confirmation does not cause the central

indexing system to lose federal certification. A computer printout from the

computerized central indexing system constitutes the certificate of the secretary of

state as to whether there is on file, on the date and hour stated on the computer

printout, a financing statement.
N.D. Cent. Code § 54-24.1-05 — ND Code / Title 54 / Chapter 54-24.1 / Section 54-24.1-05
54-24.1-05. Interstate library compact director - Appointment - Deputy
Status: in_force

54-24.1-05. Interstate library compact director - Appointment - Deputy

The governor shall appoint an officer of this state who must be the compact administrator

pursuant to Article X of the compact. The governor shall also appoint one or more deputy

compact administrators pursuant to said article.
N.D. Cent. Code § 54-17-34.2 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-34.2
54-17-34.2. First-time farmer participation
Status: in_force

54-17-34.2. First-time farmer participation

The first-time farmer finance program is limited as required by applicable provisions of the

Internal Revenue Code of 1986 and any regulations adopted thereunder, as amended, and

under the first-time farmer finance program:

1. Financing may not be made to individuals with a net worth that exceeds the net worth

requirement of the beginning farmer revolving loan program administered by the Bank

of North Dakota and established by loan policy; and

2. Financing may only be made to first-time farmers for the acquisition of land in the state

of North Dakota, livestock, farm improvements, and equipment to be used for farming

purposes and may not exceed an amount established under the Internal Revenue

Code of 1986, as amended.
N.D. Cent. Code § 54-30-06 — ND Code / Title 54 / Chapter 54-30 / Section 54-30-06
54-30-06. Interest rate of bonds
Status: repealed

54-30-06. Interest rate of bonds

Repealed by S.L. 1981, ch. 269, § 34.
N.D. Cent. Code § 54-40.1-07 — ND Code / Title 54 / Chapter 54-40.1 / Section 54-40.1-07
54-40.1-07. Rural catalyst committee - Membership - Meetings
Status: in_force

54-40.1-07. Rural catalyst committee - Membership - Meetings

1. The rural catalyst committee is created to assist communities in the state with quality

of life improvement and economic development projects. The committee includes:

a. One individual from each regional council, appointed by the executive boards of

the regional councils;

b. Two members-at-large from communities eligible for grants under this chapter or

organizations that primarily serve communities eligible for grants under this

chapter, appointed by the governor;

c. One member of the legislative assembly, appointed by the chairman of legislative

management;

d. The governor or a designee appointed by the governor; and

e. The commissioner or a designee appointed by the commissioner.

2. The governor and the commissioner are permanent members of the committee. The

term of office of the remaining members is four years. Members may be appointed to

additional terms. The governor, or the governor's designee, shall serve as chairman of

the committee. The chairman of the committee shall select a vice chairman.

3. The committee shall meet at least semiannually to review and approve grant

applications. The committee shall prioritize funding projects that support rural

prosperity and quality of life enhancements.

4. The committee shall develop guidelines for the rural catalyst grant program, including

eligibility criteria and reporting and matching requirements. Grant recipients must

provide at least one dollar of matching funds from nonstate sources for every

one dollar provided from the rural catalyst fund. The committee may consider matching

funds in the form of cash or in-kind contributions.

5. The department shall provide administrative support to the committee as needed.

6. Members of the committee are entitled to be reimbursed for expenses incurred in the

performance of their duties, in the same manner as other state officials are

reimbursed, according to sections 44-08-04 and 54-06-09, to be paid by the state

agency employing the member. A member of the committee who is a member of the

legislative assembly is entitled to receive reimbursement for allowable travel expenses

and compensation at the rate provided under section 54-35-10 for each day the

member performs official duties of the committee, to be paid by the legislative council.

If not otherwise employed by the state of North Dakota, members of the committee are

entitled to receive compensation of one hundred thirty-five dollars for each day of

attending meetings and performing other duties relating to official business of the

committee, to be paid by the department.
N.D. Cent. Code § 54-40.1-03 — ND Code / Title 54 / Chapter 54-40.1 / Section 54-40.1-03
54-40.1-03. Regional council - Membership
Status: in_force

54-40.1-03. Regional council - Membership

1. Total membership on a regional council must be determined by the participating units

of general local government, subject to the following minimum criteria of membership:

a. A majority of the full regional council membership must be composed of existing

elected city officials and county commissioners. Selection of these members must

be by their respective governing bodies.

b. One member of the regional council may represent identifiable and organized

minority groups existing in the region. Selection of the member may be made by

the minority groups upon invitation from the regional council.

c. One soil conservation district supervisor from each county must be appointed to

the regional council to represent the agricultural and natural resource interests of

the region. The appointment of the soil conservation district supervisor must be

made by the respective boards of soil conservation districts. If any county

contains more than one soil conservation district, either in whole or in part, the

concerned boards shall meet and jointly agree upon a single appointment to the

regional council.

d. One or more members of the regional council, selected by the local development

corporations, shall represent the organized local development corporations

existing in the region.

e. The chairman of the regional employment training council or the chairman's

designee must be appointed to the regional council.

f. An alternate must be selected for each regular member of the regional council in

the same manner as the regular member is selected. The alternate member is to

serve on the regional council when the regular member is absent and shall enjoy

the same responsibilities and privileges as a regular member enjoys.

2. The term of office of each member of the regional council must be as determined by

the regional council and specified in its agreements, rules, or procedures. However, if

a person is a member of the regional council as the result of being a member of the

governing body of a city or a county, that person's term on the regional council expires

at the same time that person's term of public office expires and another person must

be appointed to the regional council in the same manner as the selection was made

for the member whose term expires.

3. Special or standing committees may be appointed to assist and advise the regional

council. Members of special or standing committees must be appointed by the regional

council. Membership on special or standing committees is not limited to the members

of the regional council.

4. The regional council may elect an executive board from the members of the regional

council. The executive board shall perform the administrative duties prescribed in the

agreements, rules, or procedures of the regional council.

5. The regional council shall determine the rate at which expenses of regional council

members and members of any special or standing committees must be paid for

expenses incurred in attending meetings of the regional council and the committees

and in the performance of their official duties, but the amounts may not exceed the

amounts provided by law for state officers.
N.D. Cent. Code § 54-44-04.2 — ND Code / Title 54 / Chapter 54-44 / Section 54-44-04.2
54-44-04.2. Unemployment compensation assessments to departments and institutions
Status: in_force

54-44-04.2. Unemployment compensation assessments to departments and

institutions.

Beginning July 1, 1979, all departments and institutions of the state of North Dakota shall

pay to the office of management and budget one percent of the first six thousand dollars of each

employee's earnings. Such assessments must be paid to the office of management and budget

in accordance with guidelines established by the office of the budget, from the general fund and

special funds appropriated for salaries and wages to the individual departments and institutions.

The moneys received from such assessments must be deposited by the office of management

and budget into a fund for the purpose of paying unemployment compensation claims. The

director of the office of management and budget may decrease or suspend the assessments

provided for in this section upon determination that the funds deposited pursuant to this section

are sufficient to offset anticipated obligations.
N.D. Cent. Code § 54-55-02 — ND Code / Title 54 / Chapter 54-55 / Section 54-55-02
54-55-02. Vacancies
Status: in_force

54-55-02. Vacancies

The office of any appointed commissioner becomes vacant upon death, resignation, or

failure or refusal to serve. The appointing authority shall make an appointment to fill the vacancy

for the unexpired term of the former appointee.
N.D. Cent. Code § 54-44.4-02 — ND Code / Title 54 / Chapter 54-44.4 / Section 54-44.4-02
54-44.4-02. Office of management and budget purchasing services
Status: in_force

54-44.4-02. Office of management and budget purchasing services

1. The office of management and budget shall purchase or lease or otherwise arrange for

the procurement, for all state agencies and institutions in the executive branch of state

government, all materials, furniture, fixtures, printing, insurance, services, and other

commodities. Contracts for use by multiple state agencies and institutions, including

purchases under this section, must be established as a state contract by the office of

management and budget or as a cooperative purchasing contract under section
N.D. Cent. Code § 54-01-04 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-04
54-01-04. State may acquire property by right of eminent domain
Status: in_force

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

The state may acquire or authorize others to acquire title to property, real or personal, for

public use in the cases and in the modes provided by law.
N.D. Cent. Code § 54-62-02 — ND Code / Title 54 / Chapter 54-62 / Section 54-62-02
54-62-02. Functions
Status: in_force

54-62-02. Functions

The principal functions of the office of faith-based and community initiatives are to:

1. Develop, lead, and coordinate the state's policy agenda affecting faith-based and

community programs and initiatives; expand the role of those efforts in communities;

and increase their capacity through executive action, legislation, federal and private

funding, and regulatory relief;

2. Coordinate public education activities designed to mobilize public support for

faith-based and community initiatives through volunteerism, special projects,

demonstration pilots, and public and private partnerships;

3. Encourage private charitable giving to support faith-based and community initiatives;

4. Bring concerns, ideas, and policy options to the governor and legislative assembly for

assisting, strengthening, and replicating successful faith-based and community

programs;

5. Provide policy and legal education to state, local, and community policymakers and

public officials seeking ways to empower faith-based and community organizations

and to improve the opportunities, capacity, and expertise of those groups;

6. Develop and implement strategic initiatives to strengthen the institutions of civil society

and the state's families and communities;

7. Encourage innovative grassroots, nonprofit organizations, and civic initiatives; and

8. Ensure that the efforts of faith-based and community organizations meet high

standards of excellence and accountability.
N.D. Cent. Code § 54-23.3-07.1 — ND Code / Title 54 / Chapter 54-23.3 / Section 54-23.3-07.1
54-23.3-07.1. Exemption of certain internal investigation records
Status: in_force

54-23.3-07.1. Exemption of certain internal investigation records

Notwithstanding subsection 6 of section 44-04-18.1 and except as required under

subsection 1 of section 44-04-18.11, records relating to the department of corrections and

rehabilitation's internal investigations are exempt if:

1. The records could reasonably be used to identify victims, witnesses, employees

providing investigative information, or individuals providing information as correctional

confidential informants; and

2. Disclosure would cause a credible threat of violence or other harm.
N.D. Cent. Code § 54-17-23 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-23
54-17-23. Commission authorized to apply for, receive, and disburse federal planning funds, and to establish separate planning account
Status: repealed

54-17-23. Commission authorized to apply for, receive, and disburse federal planning

funds, and to establish separate planning account.

Repealed by S.L. 1999, ch. 457, § 1.
N.D. Cent. Code § 54-03-28 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-28
54-03-28. Health insurance mandated coverage of services - Cost-benefit analysis requirement
Status: in_force

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

requirement.

1. The legislative management shall adopt a procedure for identifying measures and

proposed measures mandating health insurance coverage of services or payment for

specified providers of services. The procedure must include solicitation of draft

measures and proposals during the interim between legislative sessions from

legislators and agencies with bill introduction privileges and must include deadlines for

identification of the measures or proposals.

2. Except as provided in subsection 3, a committee of the legislative assembly may not

act on a legislative measure the legislative management or committee determines

mandates health insurance coverage of services or payment for specified providers of

services unless the measure as recommended by the committee provides:

a. The measure is effective through June thirtieth of the next odd-numbered year

following the year in which the legislative assembly enacted the measure, and

after that date the measure is ineffective.

b. The application of the mandate is limited to the public employees health

insurance program and the public employee retiree health insurance program.

The application of the mandate begins with every contract for health insurance

which becomes effective after June thirtieth of the year in which the measure

becomes effective.

c. That for the next legislative assembly, the public employees retirement system

shall provide to the employee benefits programs committee a report regarding the

effect of the mandated coverage or payment on the system's health insurance

programs. The report must include information on the utilization and costs relating

to the mandated coverage or payment and a recommendation on whether the

coverage or payment should continue for the system's health insurance

programs.

3. If the legislative management determines a legislative measure mandating health

insurance coverage of services or payment for specified providers of services has

completed the process under subsection 2, the measure may not be referred to a

committee of the legislative assembly unless a cost-benefit analysis provided by the

legislative management is appended to the measure.

a. If a committee of the legislative assembly determines a measure or a proposed

amendment to the measure mandating health insurance coverage of services or

payment of specified providers of services was referred to committee without a

cost-benefit analysis, the committee shall request the legislative management

provide a cost-benefit analysis.

b. The committee may not act on the measure unless the measure is accompanied

by the cost-benefit analysis.

4. Factors considered in the cost-benefit analysis must include:

a. The extent to which the proposed mandate would increase or decrease the cost

of the service.

b. The extent to which the proposed mandate would increase the appropriate use of

the service.

c. The extent to which the proposed mandate would increase or decrease the

administrative expenses of insurers and the premium and administrative

expenses of insureds.

d. The impact of the proposed mandate on the total cost of health care.

5. The legislative council shall contract with a private entity to provide the legislative

management the cost-benefit analysis required by this section.
N.D. Cent. Code § 54-10-18 — ND Code / Title 54 / Chapter 54-10 / Section 54-10-18
54-10-18. Supervision of records and fiscal affairs of counties
Status: repealed

54-10-18. Supervision of records and fiscal affairs of counties

Repealed by S.L. 2009, ch. 463, § 3.
N.D. Cent. Code § 54-35-02.1 — ND Code / Title 54 / Chapter 54-35 / Section 54-35-02.1
54-35-02.1. Legislative audit and fiscal review committee
Status: in_force

54-35-02.1. Legislative audit and fiscal review committee

For the purposes of studying and reviewing the financial transactions of this state; to assure

the collection and expenditure of its revenues and moneys in compliance with law and

legislative intent and sound financial practices; and to provide the legislative assembly with

formal, objective information on revenue collections and expenditures for a basis of legislative

action to improve the fiscal structure and transactions of this state, the legislative management

shall appoint the legislative audit and fiscal review committee. The members of the committee

must be appointed in the same manner as other members of interim committees of the

legislative management.
N.D. Cent. Code § 54-21.3-05 — ND Code / Title 54 / Chapter 54-21.3 / Section 54-21.3-05
54-21.3-05. Enforcement of code by city, township, or county - Relinquishment
Status: in_force

54-21.3-05. Enforcement of code by city, township, or county - Relinquishment

A city or township may administer and enforce the state building code only within its

jurisdictional area. A county may administer and enforce the state building code within those

areas of the county in which the state building code is not administered by a city or township.

Cities and townships may relinquish their authority to administer and enforce the state building

code to the county in which they are located in the manner provided by section 54-40.5-03. The

governing body of a city, township, or county electing to administer and enforce the state

building code may designate an enforcement agency. Cities, townships, and counties may

provide by agreement for joint administration and enforcement and may contract for private

enforcement of the state building code.
N.D. Cent. Code § 54-27-33 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-33
54-27-33. Legacy property tax relief fund
Status: in_force

54-27-33. Legacy property tax relief fund

There is created in the state treasury the legacy property tax relief fund. The fund consists

of all moneys allocated to the fund under section 54-27-32 and all moneys transferred to the

fund by the legislative assembly.
N.D. Cent. Code § 54-06-27 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-27
54-06-27. Emergency service volunteers - Leave
Status: in_force

54-06-27. Emergency service volunteers - Leave

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

pursuant to chapter 37-17.1, a search emergency by the air force rescue coordination center or

by the department of emergency services, or a declaration of at least a level II disaster by the

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

the governing body of any political subdivision may grant a leave of absence to any full-time

employee of that governmental entity who is an emergency medical service provider, a member

of the civil air patrol, a firefighter, police officer, volunteer member of the North Dakota army or

air national guard, or emergency radio operator, or who performs other services necessary in an

emergency. The leave of absence must be for the purpose of allowing that employee to provide

voluntary emergency services. An individual on leave under this section is not deemed to be an

employee of the governmental entity for the purposes of workforce safety and insurance. The

cumulative leave granted under this section may not exceed twenty working days during any

calendar year. The leave may not result in a loss of compensation, seniority, annual leave, sick

leave, or accrued overtime for which the employee is otherwise eligible.
N.D. Cent. Code § 54-05.1-04 — ND Code / Title 54 / Chapter 54-05.1 / Section 54-05.1-04
54-05.1-04. Powers of secretary of state - Granting and revoking of certificates - Referrals and reports to the attorney general
Status: in_force

54-05.1-04. Powers of secretary of state - Granting and revoking of certificates -

Referrals and reports to the attorney general.

1. The secretary of state shall:

a. Grant a certificate of registration and design and furnish a distinctive lobbyist

identification badge to any individual registering under section 54-05.1-03 who

supplies the required information.

b. Revoke the certificate of registration of any individual who has been convicted of

violating any provision of this chapter.

c. Refer on the secretary of state's own motion or on the verified complaint of any

other person, to the attorney general for investigation, the activities of any

individual who the secretary of state has reason to believe has been acting as a

lobbyist and who may be in violation of this chapter.

d. Make available upon request of any citizen expenditures by categories reported

by registered lobbyists to have been expended on each individual in carrying out

that registrant's work.

e. Supply a current list of registered lobbyists for each legislator upon request.

2. The secretary of state may revoke the certificate of registration issued under this

chapter for failure to file the reports required by this chapter when due, but no

certificate may be revoked if, before the last day for filing the reports, the secretary of

state has been informed in writing of extenuating circumstances justifying the failure.

3. The secretary of state shall compile and make available to the public a report of the

total amount of expenditures reported by registrants.

4. The secretary of state may establish procedures for registration of lobbyists and filing

of lobbyist expenditure reports through the internet or other electronic means, and may

make lobbyist expenditure reports available on the secretary of state's internet

website.
N.D. Cent. Code § 54-52.5-02 — ND Code / Title 54 / Chapter 54-52.5 / Section 54-52.5-02
54-52.5-02. Governing authority
Status: in_force

54-52.5-02. Governing authority

The state investment board shall govern the state retirement and investment office. The

state investment board is responsible for overseeing and operating the agency and may do all

things necessary to coordinate the activities of the state investment board and the teachers'

fund for retirement. The board of trustees of the teachers' fund for retirement and the state

investment board shall maintain their legal identities and authority as otherwise provided by law.
N.D. Cent. Code § 54-59-09 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-09
54-59-09. Information technology standards
Status: in_force

54-59-09. Information technology standards

Based on information from state agencies and institutions, the department and the office of

management and budget shall develop statewide information technology policies, standards,

and guidelines. The policies, standards, and guidelines must recognize the uniqueness of

certain agencies and state which agencies are included or exempted from the policies,

standards, and guidelines. Each executive branch state agency and institution, excluding the

institutions under the control of the board of higher education, shall comply with the policies and

standards developed by the department and the office of management and budget unless the

chief information officer exempts an agency from the policies, standards, and guidelines to

address situations unique to that agency. Unless an exemption is granted by the chief

information officer, each entity receiving wide area network services provided by the department

shall comply with the policies and standards developed by the department with respect to

access to or use of wide area network services.
N.D. Cent. Code § 54-24.3-11 — ND Code / Title 54 / Chapter 54-24.3 / Section 54-24.3-11
54-24.3-11. Voting rights of members
Status: in_force

54-24.3-11. Voting rights of members

Each academic, institutional, public, school, and special library has one vote on the board of

the regional library cooperative. Each operating public school district has one vote on the board

of the cooperative and represents all public school media centers located within the district.

Private and parochial school media centers located within each public school district are a

single entity and shall elect one voting representative from among themselves.
N.D. Cent. Code § 54-36-01 — ND Code / Title 54 / Chapter 54-36 / Section 54-36-01
54-36-01. Commission - Members - Officers - Expenses of members
Status: in_force

54-36-01. Commission - Members - Officers - Expenses of members

The North Dakota Indian affairs commission consists of the governor, three members

appointed by the governor from the state at large, two of whom must be of Indian descent, must

be enrolled members of a tribe, and must be current voting residents of the state, and the

chairperson, or the chairperson's designee, of the Standing Rock Sioux Tribe; the Spirit Lake

Tribe; the Three Affiliated Tribes of the Fort Berthold Reservation; the Turtle Mountain Band of

Chippewa Indians; and the Sisseton-Wahpeton Oyate of the Lake Traverse Reservation. The

governor is the chairperson of the commission. The commission shall meet quarterly or as

otherwise agreed. Members of the commission or the chairperson's designee are entitled to

receive mileage and expenses for attending each meeting as are allowed other state officers.
N.D. Cent. Code § 54-44.3-03 — ND Code / Title 54 / Chapter 54-44.3 / Section 54-44.3-03
54-44.3-03. State personnel board - Composition - Terms - Vacancies - Qualifications
Status: in_force

54-44.3-03. State personnel board - Composition - Terms - Vacancies - Qualifications

1. The state personnel board is composed of the director, who must be the chairman of

the board; one member appointed by the governor; two members elected by

employees classified under sections 54-44.3-19 and 54-44.3-20; and one member with

a professional human resource background appointed by the governor.

2. The term of each member of the board, except the director, must be for six years. The

director's term coincides with employment as director. Any permanent vacancy in office

must be filled by the eligible person who received the next highest vote total in the

previous election. If the eligible person is not available for the unexpired term the

permanent vacancy in office must be filled in the same manner as the selection of the

person vacating the office.

3. Each member of the board must be a resident of the state for at least sixty days and

must be known to be in sympathy with the application of merit principles to public

employment. No member of the board may have held a position in a political party

within four years immediately preceding the member's appointment or election to the

board, and those members of the board elected by classified employees must be

full-time employees in good standing of the classified service.
N.D. Cent. Code § 54-12-22 — ND Code / Title 54 / Chapter 54-12 / Section 54-12-22
54-12-22. Accessibility of sexual offender and crimes against children registration information
Status: in_force

54-12-22. Accessibility of sexual offender and crimes against children registration

information.

The attorney general shall provide to a law enforcement dispatch center access to

registration information on individuals required to register under section 12.1-32-15 through any

feasible electronic means that includes direct access to a computerized registration information

database. The attorney general shall provide the information in a form that is referenced by

driver's license number or number plate characters. The department of transportation shall

provide the necessary information to the attorney general in any feasible form requested by the

attorney general. The attorney general may require the cooperation of the state emergency

communications center broadcasting system to provide the access required by this section.
N.D. Cent. Code § 54-44-07 — ND Code / Title 54 / Chapter 54-44 / Section 54-44-07
54-44-07. Office to set up account against person who fails to render account
Status: in_force

54-44-07. Office to set up account against person who fails to render account

Whenever any person has received moneys or has moneys or other personal property

which belongs to the state by escheat or otherwise, or has been entrusted with the collection,

management, or disbursement of any moneys, bonds, or interest accruing therefrom, belonging

to or held in trust by the state, and fails to render an account thereof to and make settlement

with the office of management and budget within the time prescribed by law, or when no

particular time is specified, fails to render such account and make such settlement, or fails,

within twenty days after request by the office of management and budget to pay into the state

treasury any money belonging to the state, the office of management and budget shall state an

account with such person, charging interest at the rate of twelve percent per annum from the

time of the failure. A copy of such account is prima facie evidence in any suit of the things

therein stated. If the office of management and budget, for want of information, cannot state an

account, that fact may be alleged and the amount of money or other property which is due or

which belongs to the state may be stated generally.
N.D. Cent. Code § 54-01-24 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-24
54-01-24. Rights and duties of citizens not electors
Status: in_force

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

An elector has no rights or duties beyond those of a citizen not an elector, except the right

and duty of holding and electing to office.
N.D. Cent. Code § 54-17-39 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-39
54-17-39. Biomass incentive and research fund
Status: repealed

54-17-39. Biomass incentive and research fund

Repealed by S.L. 2009, ch. 521, § 6.
N.D. Cent. Code § 54-59-31 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-31
54-59-31. Certified electronic health records systems
Status: in_force

54-59-31. Certified electronic health records systems

1. An executive branch state agency, an institution of higher education, and any health

care provider or other person participating in the health information exchange may use

only an electronic health record system for use in the exchange which is certified

under rules adopted by the office of the national coordinator for health information

technology.

2. Subsection 1 does not apply if:

a. The office of the national coordinator for health information technology does not

require certification of the electronic health record system for that type of

provider; or

b. The North Dakota health information technology director waives the certification

requirement.
N.D. Cent. Code § 54-36-09 — ND Code / Title 54 / Chapter 54-36 / Section 54-36-09
54-36-09. Publications - Fees
Status: in_force

54-36-09. Publications - Fees

The commission may produce and distribute publications and informational and educational

materials and may charge a fee for the publication. The fee must be established at an amount

equal to the postage and printing costs of the publication.
N.D. Cent. Code § 54-44-04.3 — ND Code / Title 54 / Chapter 54-44 / Section 54-44-04.3
54-44-04.3. Appropriation of unemployment compensation assessments
Status: repealed

54-44-04.3. Appropriation of unemployment compensation assessments

Repealed by S.L. 1989, ch. 116, § 7.
N.D. Cent. Code § 54-60-33 — ND Code / Title 54 / Chapter 54-60 / Section 54-60-33
54-60-33. Reporting requirements - Budget section - Grant programs
Status: in_force

54-60-33. Reporting requirements - Budget section - Grant programs

The department shall compile a report regarding grant programs administered by the

department, excluding federally funded programs, to be provided semiannually to the budget

section. The report must include the following for each grant program:

1. The purpose of the grant program;

2. Funding history;

3. The number of days the grant application was open to applicants;

4. The name of each grant recipient and the amount of each grant award; and

5. The distribution date of grant funds or the anticipated distribution date of grant funds.
N.D. Cent. Code § 54-35.2-02 — ND Code / Title 54 / Chapter 54-35.2 / Section 54-35.2-02
54-35.2-02. Functions and duties
Status: in_force

54-35.2-02. Functions and duties

Each task force on intergovernmental issues shall serve as a forum for the discussion of

resolution of issues relating to its study directive.
N.D. Cent. Code § 54-23.4-17 — ND Code / Title 54 / Chapter 54-23.4 / Section 54-23.4-17
54-23.4-17. Confidentiality of records
Status: in_force

54-23.4-17. Confidentiality of records

Juvenile or law enforcement records obtained under chapter 27-20.4 may be released to

the parties, their counsel, and representatives of the parties in proceedings before the division

and must be sealed at the conclusion of the proceedings. All other records of the division

concerning the application for or award of compensation under this chapter are confidential and

are not open to public disclosure. Inspection of these records, however, must be permitted by:

1. Law enforcement officers when necessary for the discharge of their official duties.

2. Representatives of a claimant, whether an individual or an organization, who may

review a claim file or receive specific information from the file upon the presentation of

the signed authorization of the claimant.

3. Physicians or health care providers treating or examining persons claiming benefits

under this title, or physicians giving medical advice to the division regarding any claim,

at the discretion of the division.

4. Any person who is rendering assistance to the division at any stage of the proceedings

on any matter pertaining to the administration of this chapter.

5. Juvenile or law enforcement records obtained under chapter 27-20.4 may be released

to the parties, their counsel, and representatives in proceedings before the division

and must be sealed at the conclusion of the proceedings.
N.D. Cent. Code § 54-59.1-06 — ND Code / Title 54 / Chapter 54-59.1 / Section 54-59.1-06
54-59.1-06. Statewide cybersecurity incident response
Status: in_force

54-59.1-06. Statewide cybersecurity incident response

The department, to the extent possible, shall provide consultation services and other

resources to assist entities and the legislative and judicial branches in responding to and

remediating cybersecurity incidents.
N.D. Cent. Code § 54-27-07 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-07
54-27-07. Apportionment of moneys belonging to counties - How made
Status: in_force

54-27-07. Apportionment of moneys belonging to counties - How made

The apportionment of all moneys paid into the state treasury, any part of which is required

by law to be paid to the several counties or to political subdivisions, must be made by the office

of management and budget and state treasurer. The office of management and budget and

state treasurer shall keep an account with each county or political subdivision, crediting it with

all such apportionments and charging it with all sums paid to it. The office of management and

budget shall draw an order on the state treasurer for the amount so credited, and shall forward

the same to the county treasurer of such county or the clerk or auditor of such political

subdivision, and at the same time shall send a written notice to the county auditor or the clerk or

auditor of the political subdivision stating the amount so apportioned.
N.D. Cent. Code § 54-35-02.6 — ND Code / Title 54 / Chapter 54-35 / Section 54-35-02.6
54-35-02.6. Rules reviewed by administrative rules committee - Committee responsibility
Status: in_force

54-35-02.6. Rules reviewed by administrative rules committee - Committee

responsibility.

The administrative rules committee shall review administrative rules adopted under chapter
N.D. Cent. Code § 54-21-24 — ND Code / Title 54 / Chapter 54-21 / Section 54-21-24
54-21-24. Additional office space may be obtained outside state capitol
Status: in_force

54-21-24. Additional office space may be obtained outside state capitol

If office space in the state capitol becomes insufficient to accommodate the various state

departments, agencies, and boards, the director of the office of management and budget upon

request of the department, agency, or board shall negotiate for, contract for, and obtain

additional office space outside the state capitol in the city of Bismarck or in the Bismarck area

as is necessary in order to provide accommodations for all state departments, agencies, and

boards. When office space is obtained in this manner, the department, agency, or board that

occupies the office space is deemed to be located at the state capitol for purposes of statutes

that require that a department, agency, or board must be maintained at the state capitol, and the

director shall charge an amount equal to the fair value of the office space and other services

rendered to all departments that receive and expend moneys from other than the general fund,

except that for good cause the amounts charged may be waived by the director for a one-year

period of time with the waiver being subject to further annual renewals after proper application

has been filed with the director. 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.
N.D. Cent. Code § 54-03-03 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-03
54-03-03. Secretary of senate and chief clerk of house to receive certifications and to make roll of members - Certificates filed
Status: in_force

54-03-03. Secretary of senate and chief clerk of house to receive certifications and to

make roll of members - Certificates filed.

At the opening of each organizational session, reconvened session, or special session of

the legislative assembly, the secretary of state shall certify to the secretary of the senate and the

chief clerk of the house of representatives the respective members to whom certificates of

election have been issued or whose appointments have been filed with the secretary of state

under applicable provisions of law since the preceding session of the legislative assembly. The

secretary of the senate and chief clerk of the house of representatives shall file the certifications

and copies of the certificates of election or appointment, and the certifications and copies of the

certificates of election or appointment are prima facie evidence of the right to membership in the

respective branch of the legislative assembly of the person certified therein. The secretary of

state shall also certify to the secretary of the senate and the chief clerk of the house of

representatives the respective members who served in the preceding session of the legislative

assembly and whose terms have not expired. After the certifications are received, the secretary

of the senate and the chief clerk of the house of representatives shall call and make a correct

roll of the names of those respective members who have been certified by the secretary of

state. The provisions of this section may not be construed to infringe on the right of each house

to be the judge of the qualifications of its members.
N.D. Cent. Code § 54-21-20 — ND Code / Title 54 / Chapter 54-21 / Section 54-21-20
54-21-20. Director authorized to acquire property for capitol park
Status: repealed

54-21-20. Director authorized to acquire property for capitol park

Repealed by S.L. 1991, ch. 592, § 47.
N.D. Cent. Code § 54-30-09 — ND Code / Title 54 / Chapter 54-30 / Section 54-30-09
54-30-09. Sale and delivery of bonds by industrial commission
Status: in_force

54-30-09. Sale and delivery of bonds by industrial commission

The industrial commission, in connection with and in addition to its other powers and duties,

shall act as the agent of the state for the negotiation, sale, and delivery of the bonds issued

under the provisions of this chapter. It shall sell them at not less than ninety-eight percent of par

value for cash in such manner and at such times as in its sound discretion it shall deem most

advantageous to the interests of the state. The commission may receive all moneys paid by

buyers of the bonds, upon the sale thereof, and upon receipt of the purchase price may deliver

to each purchaser the bonds purchased by that purchaser according to law. The moneys so

derived and received from the sale of the bonds must be placed by the commission in the funds

of the Bank of North Dakota. When any bonds issued under the provisions of this chapter are

sold at a premium, such moneys to the extent of the amount of such premium must be delivered

to the reimbursement of the Bank of North Dakota for the expenses of conducting the work in

the department.
N.D. Cent. Code § 54-01-13.3 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-13.3
54-01-13.3. Conveyance
Status: in_force

54-01-13.3. Conveyance

Conveyances made under section 54-01-13.1 to the United States of America of state

school lands must be executed in the same form and manner as now provided by law for the

sale and conveyance of state school lands and conveyance by the state of other lands under

the provisions of section 54-01-13.1 must be executed on behalf of the state of North Dakota by

the governor and attested by the secretary of state.
N.D. Cent. Code § 54-18-18 — ND Code / Title 54 / Chapter 54-18 / Section 54-18-18
54-18-18. Contractor to be paid during progress of work - Retainage - Failure to pay - Rate of interest - Investment of retainage
Status: in_force

54-18-18. Contractor to be paid during progress of work - Retainage - Failure to pay -

Rate of interest - Investment of retainage.

If the contractor to whom a contract for construction or the provision of equipment to the

association is let properly performs the work therein designated, the mill manager, at least once

in each calendar month during the continuance of the contract work, shall meet, receive, and

consider estimates furnished by the agent, engineer, or architect acting for the association or if

not so furnished, then by the contractor, and shall allow such estimates in an amount of the

estimated value of the labor and material furnished upon the contract, and of the material then

upon the ground for use in the contract, subject to retentions of ten percent of each estimate

presented until the time the project is fifty percent completed, with no further retainage on

estimates during the continuance of the contract. Notwithstanding the requirements of any other

law, the industrial commission may authorize the mill manager to prepay for equipment prior to

delivery to the construction site if the industrial commission determines:

1. Prepayment is in the best interest of the association;

2. The association's interest will be adequately protected; and

3. The equipment is of a type that is not fungible and could not be sold except at a

discount to another because it is constructed to specifications required by the

association.

Upon completion of ninety-five percent of the contract according to the estimates, the

association may pay to the contractor ninety-five percent of the amount retained from previous

estimates. Any amount retained after ninety-five percent completion of the contract must be paid

to the contractor in such amounts and at such times as are approved by the association, upon

estimates by its agent, engineer, or architect or the contractor, with final payment of all moneys

due to the contractor to be made immediately following completion and acceptance of the

project. Immediately after considering and allowing any such estimate, the association shall

certify and promptly draw a warrant upon the proper fund and transmit it to the contractor

entitled to it. If the association fails or neglects to receive and allow the estimate or certify any

estimate or final payment upon completion and acceptance for a period of more than thirty days

from the date of the estimate or completion date, then the estimate or final payment, with any

retainage properly payable, shall draw interest from its date at the rate per annum of two

percentage points below the Bank of North Dakota prime interest rate as set thirty days from the

date of the estimate or completion date until the issuance of a proper warrant therefor. Such

interest must be computed and added to the face of the estimate, final payment, or retainage by

the officer required to issue the warrant, must be included in the warrant when drawn, and must

be charged to the fund from which payment for the improvement is to be made. On the amounts

of estimates retained, as provided herein, the association may invest or deposit the retained

amounts in the Bank of North Dakota earning interest or dividends for the benefit of the

contractor. Any amount so invested or deposited must remain in the name of the association

until final payment of all moneys due to the contractor is to be made. Further, no contractor shall

use such account in any manner whatsoever until released and received by the contractor upon

completion of the contract.
N.D. Cent. Code § 54-24.3-09 — ND Code / Title 54 / Chapter 54-24.3 / Section 54-24.3-09
54-24.3-09. Regional library cooperative - Powers and duties
Status: in_force

54-24.3-09. Regional library cooperative - Powers and duties

In the administration of this chapter, each regional library cooperative may:

1. Sue and be sued in the name of the cooperative.

2. Designate for the cooperative a central library resource center with responsibility to

extend special services to cooperative members while meeting all cooperative

standards.

3. Designate an administrative officer for the regional library cooperative.

4. Establish, manage, maintain, and operate library facilities.

5. Employ necessary personnel to carry out this chapter.

6. Purchase supplies and equipment.

7. Acquire and hold property by purchase, devise, lease, gift, or otherwise and sell,

exchange, or otherwise dispose of property.

8. Prepare and adopt a budget.

9. Receive and account for funds from cooperative members.

10. Adopt rules.

11. Make an annual report to each member regarding the budget and expenditures,

services rendered, program, development plans, audits, and any other information.

12. Enter into contracts necessary to fulfill this chapter.

13. Establish and collect rates and charges for services rendered.

14. Invest excess funds.

15. Establish special funds.

16. Join and participate in civic and professional organizations.
N.D. Cent. Code § 54-52.6-08 — ND Code / Title 54 / Chapter 54-52.6 / Section 54-52.6-08
54-52.6-08. Credit of transfers
Status: in_force

54-52.6-08. Credit of transfers

The board promptly shall credit the plan account of a participating member who makes an

election under section 54-52.6-02 to terminate membership in the public employees retirement

system under chapter 54-52 with any amount transferred from the public employees retirement

system.