N.D. Cent. Code § 54-18-04.2 — ND Code / Title 54 / Chapter 54-18 / Section 54-18-04.2
54-18-04.2. Confidentiality exemption
Status: repealed

54-18-04.2. Confidentiality exemption

Repealed by S.L. 1999, ch. 460, § 1.
N.D. Cent. Code § 54-16-13 — ND Code / Title 54 / Chapter 54-16 / Section 54-16-13
54-16-13. Authority to borrow funds for a disaster - Continuing appropriation
Status: in_force

54-16-13. Authority to borrow funds for a disaster - Continuing appropriation

Any board, agency, commission, or officer of the state, subject to the approval of the

emergency commission and the budget section of the legislative management, may borrow

moneys from the Bank of North Dakota for the purpose of responding to a disaster within the

state as declared by the governor pursuant to chapter 37-17.1. The amount of moneys

borrowed is limited to the amount of any estimated federal reimbursement for repair, recovery,

or response relating to a disaster within the state, unless the state contingencies appropriation

is inadequate to pay the estimated state share of the costs, then moneys may be borrowed up

to one hundred percent of the costs incurred by the agency. Any interest payments on the funds

borrowed must be paid from funds transferred to the agency from the state contingencies

appropriation as authorized by the emergency commission and budget section. Any moneys

borrowed from the Bank of North Dakota pursuant to this section are appropriated and may be

spent by the board, agency, commission, or officer of this state for the repair, recovery, or

response relating to a disaster within the state. If it appears to the borrower that at the end of

the biennium the amount available to repay the amount borrowed plus interest is insufficient to

totally repay the Bank of North Dakota, the borrower shall request from the legislative assembly

a deficiency appropriation sufficient for the repayment of the amount borrowed plus interest.
N.D. Cent. Code § 54-57-05 — ND Code / Title 54 / Chapter 54-57 / Section 54-57-05
54-57-05. Uniform rules of administrative practice or procedure - Effective date - Administrative law judge rules
Status: in_force

54-57-05. Uniform rules of administrative practice or procedure - Effective date -

Administrative law judge rules.

1. The director of administrative hearings shall adopt, in accordance with chapter 28-32,

rules of administrative hearings practice or procedure which implement chapter 28-32

and which aid in the course and conduct of all administrative hearings and related

proceedings conducted by administrative agencies under chapter 28-32. The uniform

rules must be used by all administrative agencies subject to chapter 28-32 which do

not have their own rules of administrative hearings practice or procedure governing the

course and conduct of hearings. If an administrative agency's rules are silent on any

aspect of the agency's administrative hearings practice or procedure, the applicable

uniform rule governs.

2. The director of administrative hearings may adopt rules to further establish

qualifications for administrative law judges; to establish procedures for requesting and

designating administrative law judges; and to facilitate the performance of duties and

responsibilities conferred by this chapter. Any rules adopted by the director of

administrative hearings pursuant to this subsection must be adopted in accordance

with chapter 28-32.
N.D. Cent. Code § 54-10-21 — ND Code / Title 54 / Chapter 54-10 / Section 54-10-21
54-10-21. Duty of state auditor on failures by officers
Status: in_force

54-10-21. Duty of state auditor on failures by officers

The state auditor may report to the attorney general the refusal or neglect of any state

officer to obey the state auditor's recommendations. After investigation, the attorney general

may take appropriate action to enforce compliance therewith.
N.D. Cent. Code § 54-40.1-04 — ND Code / Title 54 / Chapter 54-40.1 / Section 54-40.1-04
54-40.1-04. Regional council - Powers and duties
Status: in_force

54-40.1-04. Regional council - Powers and duties

A regional council shall:

1. Adopt agreements, rules, or procedures as may be necessary to effectuate planning

and development in the region.

2. Coordinate planning and development within the region for all matters of regional

concern as determined by the regional council, including land use, social and

economic planning, economic development, transportation, health, environmental

quality, water and sewerage, solid waste, flood relief, parks and open spaces,

hospitals, and public buildings.

3. Participate with other public agencies and private organizations in regard to research

for planning activities relevant to the region.

4. For the purpose of coordination, work with state departments, agencies, and

institutions in reviewing and commenting on all plans and federal aid applications as to

their impact on the region.

5. Develop guidelines for the coordination of land use plans and ordinances within the

region.

6. Prepare a regional comprehensive plan and upon the preparation of such a plan or

any phase, amendment, revision, extension, addition, functional part, or part thereof,

file such plan, phase, functional part, amendment, revision, extension, addition, or part

thereof with the office, all local planning agencies within the region, and other planning

agencies in adjoining areas.

7. Develop an annual budget for operations during a fiscal year.

8. Receive and expend federal, state, and local funds, and contract for services with units

of general local government and private individuals and organizations, consistent with

the scope and objectives of planning and development functions.

9. Upon availability of funds, hire an executive director who must be given full control

over the staff of the regional council. The executive director shall act as a liaison

between the regional council and the staff of the regional council and shall advise and

assist the regional council in the selection of staff.

10. Provide technical assistance for primary sector business development by leveraging

local funds to assist in product development, product testing, business plan

development, feasibility studies, gaining patent protection, legal services, market

strategy development, and other needs to stimulate business development.

11. Host business outreach forums to stimulate entrepreneurship and interchange with

potential investment and forums on other matters of importance to the local area.

12. Upon request, facilitate the financing of local economic development activities, such as

interest buydown programs and local revolving loan fund programs, without regard to

the fiscal source.

13. Act as a regional development corporation as provided by the individual regional

council's bylaws.

14. Have authority to purchase, own, and manage real property for the purpose of the

business incubator and regional council administrative functions.
N.D. Cent. Code § 54-59-22.1 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-22.1
54-59-22.1. Required use of centralized desktop support services
Status: in_force

54-59-22.1. Required use of centralized desktop support services

1. The following state agencies shall obtain centralized desktop support services from the

information technology department:

a. Office of administrative hearings.

b. Office of the governor.

c. Commission on legal counsel for indigents.

d. Public employees retirement system.

e. North Dakota university system office.

f. Department of career and technical education.

g. Department of financial institutions.

h. Department of veterans' affairs.

i. Aeronautics commission.

j. Council on the arts.

k. Agriculture commissioner.

l. Department of labor and human rights.

m. Indian affairs commission.

n. Protection and advocacy project.

o. Secretary of state.

p. State treasurer.

q. State auditor.

2. The office of management and budget, after receiving advice from the information

technology department, shall establish policies and guidelines for the delivery of

desktop support services, including the transition from existing systems to functional

consolidation, with consideration given to the creation of efficiencies, cost-savings, and

improved quality of service. For purposes of this section "desktop support services"

means technical assistance and device management relating to the use of personal

computers and peripheral devices.
N.D. Cent. Code § 54-17-41 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-41
54-17-41. Report
Status: repealed

54-17-41. Report

Repealed by S.L. 2017, ch. 39, § 23.
N.D. Cent. Code § 54-17-07.3 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-07.3
54-17-07.3. Housing finance programs
Status: in_force

54-17-07.3. Housing finance programs

Acting in its capacity as a state housing finance agency, the industrial commission is

authorized to establish the following housing finance programs:

1. Home mortgage finance program. A program or programs to provide financing or

refinancing of loans made by lenders, including second mortgage loans and leasehold

mortgage loans on tribal trust or other reservation lands, and leasehold mortgage

loans that are insured, guaranteed, or assisted through an affordable housing

program, to persons or families of low and moderate income for the purchase or

substantial rehabilitation of owner occupied, single-family residential dwelling units,

which includes mobile homes and manufactured housing. The commission may also

authorize a program to provide refinancing of loans previously made by lenders and

purchased under the home mortgage finance program.

2. Mobile home and manufactured housing finance program. A program or programs to

provide for the purchase or guaranty of a loan made by a lender to finance the

purchase of a mobile home or a manufactured housing unit other than on a real

property mortgage basis. A program authorized under this subsection may provide

assistance in the development of low-income to moderate-income housing or to

otherwise assist a developing community in the state address an unmet housing need

or alleviate a housing shortage.

3. Multifamily housing finance program. A program or programs to provide financing

directly or indirectly of construction, permanent, and combined construction and

permanent mortgage loans, including participations in mortgage loans, for the

acquisition, construction, refurbishing, reconstruction, rehabilitation, or improvement of

multifamily housing facilities. As part of the program, the industrial commission, acting

in its capacity as a state housing finance agency, may enter a public and private

partnership with any interested private entity and accept any gift, grant, or other type of

financial aid or assistance, including a contribution to the housing incentive fund, to

provide financing for the construction or rehabilitation of a multifamily housing facility in

a developing community in the state to address an unmet housing need or alleviate a

housing shortage. A private entity participating in this program may reserve a

proportionate share of available units in the facility for occupancy by its workforce

based on its financial participation in the facility, in addition to any units held for

occupancy by individuals or families of low or moderate income.

4. Mortgage loan financing program. A program or programs to provide for the purchase

or guaranty of a temporary or permanent mortgage loan originated by a lender on

residential real property or on land to be developed into residential real property, in

addition to a mortgage loan acquired or to be acquired under subsections 1 through 3.

A program authorized under this subsection may provide assistance in the

development of low to moderate income housing or to otherwise assist a developing

community in the state address an unmet housing need or alleviate a housing

shortage.

5. Home improvement finance program. A program or programs to provide full or partial,

indirect financing of improvements to existing residential dwelling units.

6. Housing grant program. A program or programs to provide a grant other than those

authorized by section 54-17-07.6 to encourage and promote housing availability for

persons of low or moderate income or to otherwise assist a developing community in

this state address an unmet housing need or alleviate a housing shortage.

7. Residential mortgage program. A program or programs to originate residential

mortgages if private sector mortgage loan services are not reasonably available.

Under this program, a local financial institution or credit union may assist the agency

with receiving loan applications, gathering required documents, ordering legal

documents, and maintaining contact with borrowers. The applicant must be referred to

the agency by a local financial institution or credit union. The agency shall provide all

regulatory disclosures, process and underwrite loans, prepare closing documents, and

distribute loan funds. A loan under this program may be issued only for an

owner-occupied primary residence.

8. The housing finance agency may purchase, service, and sell residential real estate

loans secured by a first mortgage lien on real property originated by financial

institutions. The loans may be held in the agency's portfolio or sold on the secondary

market with servicing retained.
N.D. Cent. Code § 54-17-04 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-04
54-17-04. Seal of commission
Status: in_force

54-17-04. Seal of commission

The industrial commission shall adopt and procure an official seal and may authenticate

therewith its documentary acts.
N.D. Cent. Code § 54-44.3-12 — ND Code / Title 54 / Chapter 54-44.3 / Section 54-44.3-12
54-44.3-12. Duties of director
Status: in_force

54-44.3-12. Duties of director

The director shall direct and supervise, with the approval of the director of the office of

management and budget, all the administrative and technical activities of the division. In

addition to the duties imposed elsewhere in this chapter, the director shall:

1. Establish general policies, rules, and regulations, subject to the approval of the board,

which are binding on the agencies affected, and which apply to the employees in the

classified service. These rules must provide for:

a. Establishing and maintaining a classification plan.

b. Establishing and maintaining a compensation plan.

c. Promoting a consistent application of personnel policies.

d. Enhancing greater uniformity in matters relating to probationary periods, hours of

work, leaves of absence, separations, transfers, disciplinary actions, grievance

procedures, and performance management.

e. Ensuring fair treatment and compliance with equal employment opportunity and

nondiscrimination laws.

2. Establish and maintain a roster of all employees in the state classified service in which

there must be set forth, as to each employee, the class title of the position occupied,

the salary or pay, change in class title, and any other personnel data that the division

deems necessary.

3. Select for appointment under this chapter such employees of the division and such

experts and special assistants as are necessary to carry out effectively the provisions

of this chapter. Salaries and positions of personnel in the division must conform to the

classification and pay plan provided by this chapter.

4. Assist the employee-appointing authorities, in accordance with the provisions of this

chapter and the rules adopted thereunder, in the preparation and administration of

appropriate selection procedures.

5. Encourage and assist in the development of personnel administration within the

various departments and agencies of the state.

6. Cooperate with employee-appointing authorities and other supervisory officers in the

conduct of employee training programs.

7. Develop procedures that, notwithstanding any other law, must be followed by all state

agencies and institutions for employees in the state classified service, to ensure that

all salaries are paid in a manner consistent with the state's compensation,

classification, and salary administration policies.

8. Consult with state agencies and institutions in the development of salary

administration procedures for employees in the state classified service.

9. Recognize knowledge, skills, complexity, accountability, and working condition hazards

as compensable factors of the state's classification plan, required in the performance

of work for all positions in the state classified service.

10. Develop guidelines for allowing exceptions to the rules of the classification and

compensation plans for use when the market salaries of specific positions are not

consistent with the state's compensation policy.

11. Conduct in-state and out-of-state labor market surveys that are representative of the

state's classified service occupations to enable the state to position itself accurately

against the market.

12. Communicate classification and compensation policies to the managers and

employees in the state-classified service by providing written information on the state's

classification and compensation procedures.

13. Adopt rules, subject to the approval of the board, to ensure compliance with and

resolve compliance issues relating to agencies required by state or federal law or rule

to be subject to a merit personnel system.
N.D. Cent. Code § 54-17-07.7 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-07.7
54-17-07.7. Terms of loans
Status: in_force

54-17-07.7. Terms of loans

Notwithstanding any other provision of law, the industrial commission is authorized to

require, as a condition of the origination of loans and mortgage loans made pursuant to any of

its housing finance programs or purchase of loans and mortgage loans to be purchased by it,

prepayment penalties, restrictions upon assumability, default provisions, rights to accelerate,

rights to increase the interest rate, and any other terms the commission may determine to be

necessary or desirable to assure the repayment of its housing revenue bonds and, unless such

conditions of origination or other terms are not required by the commission, the exemption from

federal income taxes of the interest payable on its housing revenue bonds under the Internal

Revenue Code of 1986. All such terms are enforceable by the originator, the commission, or any

successor holder of the loans or mortgage loans unless expressly waived in writing by or on

behalf of the commission.
N.D. Cent. Code § 54-21.3-04 — ND Code / Title 54 / Chapter 54-21.3 / Section 54-21.3-04
54-21.3-04. Exemptions
Status: in_force

54-21.3-04. Exemptions

1. Except as specifically provided in this chapter, the following statewide codes are

exempt from this chapter:

a. The Standards for Electrical Wiring and Equipment, as contained in North Dakota

Administrative Code article 24-02.

b. The State Plumbing Code, as contained in North Dakota Administrative Code

article 62-03.

c. The State Fire Code, as contained in the rules of the state fire marshal as

provided in section 18-01-04.

2. The following buildings are exempt from this chapter:

a. Buildings which are neither heated nor cooled.

b. Buildings used whose peak design rate of energy usage is less than one watt per

square foot [929.0304 square centimeters] or three and four-tenths British

thermal units an hour per square foot [929.0304 square centimeters] of floor area.

c. Restored or reconstructed buildings deliberately preserved beyond their normal

term of use because of historical associations, architectural interests, or public

policy, or buildings otherwise qualified as a pioneer building, historical site, state

monument, or other similar designation pursuant to state or local law.

3. Any building used for agricultural purposes, unless a place of human habitation or for

use by the public, is exempt from this chapter.
N.D. Cent. Code § 54-27-24 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-24
54-27-24. Paying refunds from the general fund
Status: in_force

54-27-24. Paying refunds from the general fund

Each office, agency, or institution that must deposit funds collected in the general fund shall

pay refunds from the general fund.

The office of management and budget shall establish accounting requirements for paying

refunds from the general fund in accordance with the central accounting system.
N.D. Cent. Code § 54-59-28 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-28
54-59-28. Participation in the health information exchange by executive branch state agencies and institutions of higher education
Status: in_force

54-59-28. Participation in the health information exchange by executive branch state

agencies and institutions of higher education.

1. Before January 1, 2015, each executive branch state agency and each institution of

higher education that implements, acquires, or upgrades health information technology

systems shall use health information technology systems and products that meet

minimum standards adopted by the health information technology office for accessing

the health information exchange. A state agency or institution of higher education that

participates in or has health information that supports or develops the health

information exchange shall provide access to patient-specific data to complete the

patient record within the health information exchange. Notwithstanding any other

provision of law, each participating agency and institution shall provide patient-specific

data to the health information exchange.

2. Participation in the health information exchange by a state agency or institution has no

effect on the content, use, or disclosure of health information of patient participants

which is held in locations other than the exchange. This section does not limit or

change the obligation of an agency or institution to exchange health information in

accordance with other applicable federal and state laws or rules.
N.D. Cent. Code § 54-16-04.3 — ND Code / Title 54 / Chapter 54-16 / Section 54-16-04.3
54-16-04.3. Commission may recommend full-time equivalent positions - Budget section approval
Status: in_force

54-16-04.3. Commission may recommend full-time equivalent positions - Budget

section approval.

On the advice of the office of management and budget and upon the recommendation of the

emergency commission, the budget section of the legislative management may authorize a

state officer to employ full-time equivalent positions in addition to those authorized by the

legislative assembly. The authority to employ a full-time equivalent position under this section is

effective only for the remainder of the biennium during which the authority is granted by the

budget section.
N.D. Cent. Code § 54-52.1-03.5 — ND Code / Title 54 / Chapter 54-52.1 / Section 54-52.1-03.5
54-52.1-03.5. Emergency responders who die in the line of duty - Health benefits (Retroactive application - See note)
Status: in_force

54-52.1-03.5. Emergency responders who die in the line of duty - Health benefits

(Retroactive application - See note)

1. As used in this section:

a. "Correctional facility staff" has the same meaning as provided under section

12-44.1-01.

b. "Dies in the line of duty" means a death occurring as a direct and proximate result

of a personal injury sustained by an emergency responder while engaged in a

line of duty activity or which arose out of and as a result of the individual's

performance of a line of duty activity.

c. "Emergency responder" means a peace officer, member of a correctional facility

staff, emergency medical services personnel, or firefighter, who is employed by

the state, a political subdivision of the state, or an institution under the control of

the state board of higher education. The term does not include a national guard

security officer or national guard firefighter.

d. "Line of duty activity" means an employment-related action taken by an

emergency responder which is required or authorized by law, rule, regulation, or

condition of employment and for which compensation is provided by the

employing entity or would have been eligible to have been provided by the

employing entity if the emergency responder had been on duty at the time the

action in question was taken.

e. "Peace officer" has the same meaning as provided under section 12-63-01. The

term includes a game warden.

2. At no charge, the board shall offer health insurance benefits coverage, including drug

benefits coverage, to the surviving spouse and dependent child of an emergency

responder who dies in the line of duty. The provision of health insurance benefits

coverage under this section includes coverage of a child of the emergency responder

who is born within ten months of the date of the death.

3. The provision of health insurance benefits coverage under this section must continue

for the:

a. Surviving spouse until the surviving spouse reaches age sixty-five; and

b. Dependent child until the dependent child reaches age twenty-six.

4. An employer shall notify the board of the qualifying event of an emergency responder

dying in the line of duty.

5. This section does not affect eligibility for benefits under title 65.
N.D. Cent. Code § 54-18-09 — ND Code / Title 54 / Chapter 54-18 / Section 54-18-09
54-18-09. Removal and discharge of appointees
Status: in_force

54-18-09. Removal and discharge of appointees

The industrial commission may remove and discharge any and all persons appointed in the

exercise of the powers granted by this chapter, whether by the commission or by the manager

of the association, and any such removal may be made whenever in the judgment of the

commission the public interests require it. All appointments and removals contemplated by this

chapter must be made as the commission shall deem most fit to promote the efficiency of the

public service.
N.D. Cent. Code § 54-40.2-03.1 — ND Code / Title 54 / Chapter 54-40.2 / Section 54-40.2-03.1
54-40.2-03.1. Agreement - Notice
Status: in_force

54-40.2-03.1. Agreement - Notice

1. After the parties to an agreement have agreed to its contents, the public agency

involved shall publish a notice containing a summary of the agreement in the official

newspaper of each county of the state reasonably expected to be affected by the

agreement. The notice must also be published in any newspaper of general circulation

for the benefit of the members of any tribe affected by the agreement. The notice must

also be posted plainly at the tribal office of any tribe affected by the agreement and in

the county courthouse of any county affected by the agreement. The notice must state

that the public agency will hold a public hearing concerning the agreement upon the

request of any resident of the county in which the notice is published if the request is

made within thirty days of the publication of the notice.

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

school district, the school district must also provide the superintendent of public

instruction a copy of the notice.
N.D. Cent. Code § 54-59-04 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-04
54-59-04. Duties of chief information officer
Status: in_force

54-59-04. Duties of chief information officer

The chief information officer shall:

1. Administer the department.

2. Employ any personnel determined to be necessary to carry out the responsibilities of

the department and duties as prescribed by law.

3. Fix the salaries of all employees within the department, within the limits of legislative

appropriation. All personnel within the department are entitled to actual and necessary

travel expenses at the same rate as for other employees of the state.
N.D. Cent. Code § 54-03-20 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-20
54-03-20. Compensation and expense reimbursement of members of the legislative assembly
Status: in_force

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

assembly.

1. Each member of the legislative assembly is entitled to receive as compensation for

services the sum of two hundred nineteen dollars through June 30, 2026, and

two hundred twenty-six dollars thereafter for each calendar day during any

organizational, special, or regular legislative session and for each day that member

attends a meeting of a legislative committee between the organizational session and

the regular session as authorized by legislative rule.

2. a. Each member of the legislative assembly is entitled to receive reimbursement for

lodging, which may not exceed per calendar month the amount established under

this subdivision by the director of the office of management and budget for

lodging in state and which may not exceed the rate provided in section 44-08-04

for each calendar day during the period of any organizational, special, or regular

session. On August first of each even-numbered year, the director of the office of

management and budget shall set the maximum monthly reimbursement for the

subsequent two-year period at an amount equal to thirty times seventy-five

percent of the daily lodging reimbursement in effect on that date as provided

under subsection 6 of section 44-08-04.

b. Notwithstanding subdivision a:

(1) A member of the legislative assembly may elect to be reimbursed for less

than the amount to which the legislator is entitled under this subsection by

claiming the lesser amount on a voucher submitted with the receipt required

by section 44-08-04.

(2) The legislative management may establish guidelines that may result in a

reduced maximum reimbursement for a single dwelling in which two or more

legislators share lodging and the total rent for that dwelling exceeds the

amount to which a legislator is entitled under subdivision a.

3. a. Members of the legislative assembly who receive reimbursement for lodging are

also entitled to reimbursement for travel for not to exceed one round trip taken

during any calendar week, or portion of a week, the legislative assembly is in

session, between their residences and the place of meeting of the legislative

assembly, at the rate provided for state employees with the additional limitation

that reimbursement for travel by common carrier may be only at the cost of coach

fare and may not exceed one and one-half times the amount the member would

be entitled to receive as mileage reimbursement for travel by motor vehicle.

b. A member of the legislative assembly who does not receive reimbursement for

lodging and whose place of residence in the legislative district that the member

represents is not within the city of Bismarck is entitled to reimbursement at the

rate provided for state employees for necessary travel for not to exceed one

round trip taken per day between the residence and the place of meeting of the

legislative assembly when it is in session and may receive reimbursement for

lodging at the place of meeting of the legislative assembly as provided in section

44-08-04 for each calendar day for which round trip travel reimbursement is not

claimed, provided that the total reimbursement may not exceed the maximum

monthly reimbursement allowed under subdivision a of subsection 2.

4. The amount to which each legislator is entitled must be paid following the

organizational session in December and each month upon submission of a voucher

and appropriate documentation during a regular or special session, consistent with

section 26 of article XI of the constitution of North Dakota.

5. If during a special session, the legislative assembly adjourns for more than three days,

a member of the legislative assembly is entitled to receive compensation during those

days only while in attendance at a standing committee if the legislator is a member of

that committee, a majority or minority leader, or a legislator who is not on that

committee but who has the approval of a majority or minority leader to attend.

6. A day, or portion of a day, spent in traveling to or returning from an organizational,

special, or regular session or a legislative committee meeting must be included as a

calendar day during a legislative session or as a day of a legislative committee

meeting for the purposes of this section.

7. a. In addition, each member is entitled to receive during the term for which the

member was elected, as compensation for the execution of public duties during

the biennium, the sum of six hundred ten dollars through June 30, 2026, and

six hundred twenty-eight dollars thereafter per month, paid monthly.

b. If a member dies or resigns from office during the member's term, the member

may be paid only the allowances provided for in this section for the period for

which the member was actually a member.

c. The majority and minority leaders of the house and senate and the chairman of

the legislative management, if the chairman is not a majority or minority leader,

are each entitled to receive as compensation, in addition to any other

compensation or expense reimbursement provided by law, the sum of four

hundred thirty-seven dollars through June 30, 2026, and four hundred fifty dollars

thereafter per month during the biennium for their execution of public duties.

8. Attendance at any organizational, special, or regular session of the legislative

assembly by any member is a conclusive presumption of entitlement as set out in this

section and compensation and expense allowances must be excluded from gross

income for income tax purposes to the extent permitted for federal income tax

purposes under section 127 of the Economic Recovery Tax Act of 1981 [Pub. L. 97-34;

95 Stat. 202; 26 U.S.C. 162(i)].

9. Before each regular legislative session, the legislative management shall make

recommendations and submit any necessary legislation to adjust legislative

compensation amounts.
N.D. Cent. Code § 54-59-02.1 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-02.1
54-59-02.1. Prioritization of proposed major information technology projects
Status: repealed

54-59-02.1. Prioritization of proposed major information technology projects

Repealed by S.L. 2023, ch. 481, § 4.
N.D. Cent. Code § 54-52.6-03.1 — ND Code / Title 54 / Chapter 54-52.6 / Section 54-52.6-03.1
54-52.6-03.1. Changes to election
Status: in_force

54-52.6-03.1. Changes to election

1. In this section the term "participating member" is limited in application to a participating

member who elected to participate in the defined contribution retirement plan

established under this chapter as an active employee of a participating employer, is an

actively participating member of the defined contribution plan as of July 1, 2015, and is

an active employee with a participating employer on the date an election is made

under this section. The term does not include a participant who is not actively

employed with a participating employer on the date of transfer of the funds under this

section, has taken a distribution from the defined contribution plan, is retired, is no

longer actively employed with a participating employer, or who is a member who has a

qualified domestic relations order or other court order on the member's account.

2. Notwithstanding any other provision of law, the board shall provide an opportunity for

each participating member to elect in writing to terminate membership in the defined

contribution retirement plan under this chapter and to elect to become a participating

member in the public employees retirement system under chapter 54-52.

3. The board shall establish a three-calendar-month election period beginning not later

than February 1, 2016. A participating member who does not make a written election

or who does not file the election with the North Dakota public employees retirement

system office during the period specified in this section continues to be a member of

the defined contribution plan. A participating member who makes and files a written

election with the North Dakota public employees retirement system office under this

section ceases to be a member of the defined contribution plan upon receipt by the

public employees retirement system of the accumulated fund balance of the member's

defined contribution plan under this chapter and waives all rights to that employee's

accumulated fund balance under the defined contribution plan. If the executive director

of the North Dakota public employees retirement system determines a participating

member was not adequately notified of the option to make an election under this

section, the executive director may provide that participating member a reasonable

time, not to exceed three months, within which to make that election.

4. The public employees retirement system shall credit the transferring employee with the

service credit and salary history reflected on the public employees retirement system's

electronic database.

5. The board shall determine the method by which a participating member may make a

written election under this section. If the participating member is married at the time of

the election, the election is not effective unless the election is signed by the individual's

spouse. However, the executive director of the North Dakota public employees

retirement system may waive this spousal signature requirement if the spouse's

signature cannot be obtained because of extenuating circumstances.

6. For a participating member who elects to terminate membership in the defined

contribution plan under this section, the board shall transfer that member's

accumulated fund balance, less any rollovers from other plans made into the defined

contribution plan, to the public employees retirement system under chapter 54-52. If

funds are transferred from the defined contribution plan to the defined benefit plan

under an election made under this section, the board shall record this transfer to the

defined benefit plan as employee and employer contributions in the same manner as

transferred by the defined contribution provider. If a participating member has a

separate account attributable to rollover contributions to the defined contribution plan

pursuant to section 54-52.6-09.1, the participating member shall make an election to

receive a distribution of the entire amount held in the rollover account at the time of

transfer.

7. A participating member who elects a transfer under this section is entitled to vested

employer contribution amounts under section 54-52-11.1 prospectively from the date of

transfer. A participating member who elects a transfer under this section must be

assessed and required to pay monthly to the defined benefit plan an additional

employee contribution of an additional two percent of the monthly salary or wages paid

to the member.
N.D. Cent. Code § 54-01.1-06 — ND Code / Title 54 / Chapter 54-01.1 / Section 54-01.1-06
54-01.1-06. Relocation assistance advisory programs
Status: in_force

54-01.1-06. Relocation assistance advisory programs

1. Whenever the acquisition of real property for a program or project undertaken by a

displacing agency will result in the displacement of any person, the displacing agency

shall provide a relocation assistance advisory program for displaced persons which

shall offer the services prescribed in subsection 2. If the displacing agency determines

that any person occupying property immediately adjacent to the property where the

displacing activity occurs is caused substantial economic injury because of the

acquisition, it may offer the person relocation advisory services under the program.

2. Each relocation assistance program required by subsection 1 must include such

measures, facilities, or services as may be necessary or appropriate in order:

a. To determine, and make timely recommendations on, the needs of displaced

persons for relocation assistance;

b. To assist owners of displaced businesses and farm operations in obtaining and

becoming established in suitable business locations or replacement farms;

c. To supply:

(1) Information concerning programs of the federal, state, and local

governments offering assistance to displaced persons and business

concerns; and

(2) Technical assistance to such persons in applying for assistance under such

programs;

d. To assist in minimizing hardships to displaced persons in adjusting to relocation;

e. To secure, to the greatest extent practicable, the coordination of relocation

activities with other project activities and other planned or proposed governmental

actions in the community or nearby areas which may affect the carrying out of the

relocation program; and

f. To provide current and continuing information on the availability, sales prices, and

rental charges of comparable replacement dwellings for displaced homeowners

and tenants and suitable locations for businesses and farm operations.

3. Programs or projects undertaken by a displacing agency must be planned in a manner

that:

a. Recognizes, at an early stage in the planning of such programs or projects and

before the commencement of any actions that will cause displacements, the

problems associated with the displacement of individuals, families, businesses,

and farm operations; and

b. Provides for the resolution of such problems in order to minimize adverse impacts

on displaced persons and to expedite program or project advancement and

completion.

4. Notwithstanding subsection 3 of section 54-01.1-02, in any case in which a displacing

agency acquires property for a program or project, any person who occupies that

property on a rental basis, for a short term or a period subject to termination when the

property is needed for the program or project, is eligible for advisory services to the

extent determined by the displacing agency.
N.D. Cent. Code § 54-03-01.3 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-01.3
54-03-01.3. Election on petition - Ballot form - Vote required
Status: repealed

54-03-01.3. Election on petition - Ballot form - Vote required

Repealed by S.L. 1975, ch. 463, § 4.
N.D. Cent. Code § 54-06-14 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-14
54-06-14. Annual leave and sick leave for state employees
Status: in_force

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

1. a. Annual leave and sick leave must be provided for all individuals in the permanent

employment of this state who are not employed under a written contract of hire

setting forth the terms and conditions of their employment, within the limitations,

terms, and provisions of this section.

b. A state agency, unit, or entity that employs an individual subject to this section

shall, upon hire, grant the individual forty hours of new hire leave to use within the

first year of employment. Any new hire leave remaining after completion of the

first year of employment is eliminated. New hire leave is not earned paid time off

and is not paid out upon separation of employment.

c. Annual leave for an employee entitled to it must be within a range of a minimum

of one working day per month of employment to a maximum of two working days

per month of employment, based on tenure of employment, to be fixed by rules

adopted by the employing unit. The employing unit may grant, at hire, annual

leave within the parameters of one to two working days per month, which may

exceed the amount based on tenure of employment, if the position being hired for

was previously identified as a hard-to-fill occupation under subsection 5 of section

54-06-31 and the agency has satisfied the requirements under subsection 1 of

section 54-06-31. Sick leave for an employee entitled to it must be within a range

of a minimum of one working day per month of employment to a maximum of one

and one-half working days per month of employment, based on tenure of

employment, to be fixed by rules adopted by the employing unit.

d. Annual leave must be compensated for on the basis of full pay for the number of

working days' leave credited to the employee. Sick leave must be compensated

for on the basis of full pay for absence due to illness on working days during

tenure of employment. An employee with at least ten continuous years of state

employment is entitled to a lump sum payment equal to one-tenth of the pay

attributed to the employee's unused sick leave accrued under this section. An

employee's years of state employment must be deemed continuous if, under the

official personnel policy of an agency, unit, or entity, the employee's work is

terminated because of a reduction in force and the employee is reinstated in any

agency, unit, or entity within two years, or if the employee is placed on voluntary

leave status without pay and the leave lasts no longer than two years for

education purposes, or one year for any other voluntary leave without pay. The

pay attributed to the accumulated, unused sick leave must be computed on the

basis of the employee's salary or wage at the time the employee leaves the

employ of the state and at the rate of one hour of pay for each hour of unused

sick leave. The agency, unit, or entity that last employed the employee shall make

the lump sum payment from funds appropriated by the legislative assembly to

that agency, unit, or entity for salaries and wages.

2. A state agency, unit, or entity that employs an individual subject to this section shall

formulate and adopt rules governing the granting of annual leave and sick leave which

will effectuate the purpose of this section and best suit the factors of employment of

that employing unit. Each employing unit shall file with the office of management and

budget a copy of the rules adopted, including any amendments or additions to the

rules.
N.D. Cent. Code § 54-17-07.8 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-07.8
54-17-07.8. Confidentiality of housing finance agency records
Status: in_force

54-17-07.8. Confidentiality of housing finance agency records

The following records of the housing finance agency are confidential and are not public

records:

1. Personal or financial information of a participant in any of the housing finance agency's

programs, obtained directly or indirectly, except for routine credit inquiries or as

required by court order.

2. Internal or interagency memorandums or letters of a personal nature which are not

available by law to a party, except insofar as they are available in litigation with the

agency.

3. Personal financial statements which the industrial commission requires of any housing

finance agency employee or member of the housing finance agency's advisory board.
N.D. Cent. Code § 54-52.1-04.5 — ND Code / Title 54 / Chapter 54-52.1 / Section 54-52.1-04.5
54-52.1-04.5. Insurance to cover involuntary complications of pregnancy
Status: repealed

54-52.1-04.5. Insurance to cover involuntary complications of pregnancy

Repealed by S.L. 2019, ch. 462, § 10.
N.D. Cent. Code § 54-27-19 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-19
54-27-19. Highway tax distribution fund - State treasurer to make allocation to state, counties, and cities
Status: in_force

54-27-19. Highway tax distribution fund - State treasurer to make allocation to state,

counties, and cities.

A highway tax distribution fund is created as a special fund in the state treasury into which

must be deposited the moneys available by law from collections of motor vehicle registration

and related fees, fuels taxes, special fuels taxes, use taxes, and special fuels excise taxes. The

state treasurer shall transfer the first five million five hundred thousand dollars per biennium

from the highway tax distribution fund to the state highway fund for the purpose of providing

administrative assistance to other transferees. After the transfer of the first five million five

hundred thousand dollars, any moneys in the highway tax distribution fund must be allocated

and transferred monthly by the state treasurer, as follows:

1. Sixty percent must be transferred monthly to the state department of transportation

and placed in a state highway fund.

2. Three and four-tenths percent must be transferred monthly to the township highway

aid fund.

3. One and sixth-tenths percent must be transferred monthly to the public transportation

fund.

4. Thirty-five percent must be allocated to the counties of this state in proportion to the

number of vehicle registrations credited to each county. Each county must be credited

with the certificates of title of vehicles registered by residents of the county. The state

treasurer shall compute and distribute the counties' share monthly after deducting the

incorporated cities' share. All the moneys received by the counties from the highway

tax distribution fund must be set aside in a separate fund called the "highway tax

distribution fund" and must be appropriated and applied solely for highway purposes in

accordance with section 11 of article X of the Constitution of North Dakota. The state

treasurer shall compute and distribute monthly the sums allocated to the incorporated

cities within each county according to the formulas in this subsection using the

incorporated cities' populations as determined by the last official regular or special

federal census or the census taken in accordance with the provisions of chapter 40-02

in case of a city incorporated subsequent to the census.

a. For counties having no cities with a population of ten thousand or more, twenty-

seven percent of the total county allocation must be distributed to all of the

incorporated cities within the county on a countywide per capita basis. The

remaining county allocation amount must be transferred into the county highway

tax distribution fund.

b. For each county having a city with a population of ten thousand or more, the

amount transferred each month into the county highway tax distribution fund must

be the difference between the amount allocated to that county pursuant to this

subsection and the total amount allocated and distributed to the incorporated

cities in that county as computed according to the following formula:

(1) A statewide per capita average as determined by calculating twenty-seven

percent of the amount allocated to all of the counties under this subsection

divided by the total population of all of the incorporated cities in the state.

(2) The share distributed to each city in the county having a population of less

than one thousand must be determined by multiplying the population of that

city by the product of 1.50 times the statewide per capita average computed

under paragraph 1.

(3) The share distributed to each city in the county having a population of one

thousand to four thousand nine hundred ninety-nine, inclusive, must be

determined by multiplying the population of that city by the product of 1.25

times the statewide per capita average computed under paragraph 1.

(4) The share distributed to each city in the county having a population of five

thousand or more must be determined by multiplying the population of that

city by the statewide per capita average for all such cities, which per capita

average must be computed as follows: the total of the shares computed

under paragraphs 2 and 3 for all cities in the state having a population of

less than five thousand must be subtracted from the total incorporated cities'

share in the state as computed under paragraph 1 and the balance

remaining must then be divided by the total population of all cities of five

thousand or more in the state.

5. The moneys allocated to the incorporated cities must be distributed to them monthly

by the state treasurer and must be deposited by the cities in a separate fund and may

only be used in accordance with section 11 of article X of the Constitution of North

Dakota and an incorporated city may use the fund for the construction, reconstruction,

repair, and maintenance of public highways within or outside the city pursuant to an

agreement entered into between the city and any other political subdivision as

authorized by section 54-40-08.
N.D. Cent. Code § 54-41-03 — ND Code / Title 54 / Chapter 54-41 / Section 54-41-03
54-41-03. Authorized use
Status: in_force

54-41-03. Authorized use

The coat of arms of this state may be used in a manner consistent with the respect and

dignity due a state coat of arms and its symbolic values by the following persons, organizations,

and agencies:

1. The governor of North Dakota.

2. The North Dakota national guard.

3. Departments and agencies of the state of North Dakota.

4. North Dakota veterans organizations.

5. Officially recognized North Dakota educational institutions, systems, or divisions

thereof.

6. Recognized North Dakota patriotic organizations.

7. The legislative assembly.
N.D. Cent. Code § 54-24.2-02 — ND Code / Title 54 / Chapter 54-24.2 / Section 54-24.2-02
54-24.2-02. Grant formula
Status: in_force

54-24.2-02. Grant formula

Grants to eligible public libraries must be in accordance with the following formula:

1. One dollar, or a percentage thereof, for each person residing in the city or county

operating or providing financial support for the public library, as determined by the

latest official federal census; and

2. Five dollars per square mile [259.00 hectares], or a percentage thereof, of land within

the geographical boundaries of each county operating or providing financial support for

a public library.
N.D. Cent. Code § 54-66-12 — ND Code / Title 54 / Chapter 54-66 / Section 54-66-12
54-66-12. Confidential information
Status: in_force

54-66-12. Confidential information

1. The following information is a confidential record as defined in section 44-04-17.1,

unless the commission has determined the respondent violated article XIV of the

Constitution of North Dakota, this chapter, or another law or rule regarding

transparency, corruption, elections, or lobbying, and a court affirmed the determination

if appealed, except the information may be disclosed as required by law or as

necessary to conduct an investigation arising from a complaint:

a. Information revealing the contents of a complaint;

b. Information that reasonably may be used to identify a respondent; and

c. Information relating to or created as part of an investigation of a complaint.

2. If a complaint is informally resolved under section 54-66-07, the following information

is a confidential record as defined in section 44-04-17.1:

a. Information revealing the contents of the complaint;

b. Information that reasonably may be used to identify the respondent;

c. Information relating to or created as part of the process leading to the informal

resolution; and

d. Information revealing the informal resolution.

3. Information that reasonably may be used to identify the complainant is confidential

unless the complainant waives confidentiality, authorizes its disclosure, or divulges

information that reasonably would identify the complainant. Information, including

evidence under consideration by the investigator or commission, deemed confidential

under this subsection may be disclosed as required by law or as necessary to conduct

an investigation arising from a complaint to include disclosure of evidence being

considered to a respondent.

4. The information deemed confidential in subsections 1 and 2 may be disclosed by the

respondent and the ethics commission if the respondent agrees to the disclosure.
N.D. Cent. Code § 54-59-02.2 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-02.2
54-59-02.2. Distributed ledger technologies - Authorization - Pilot program - Report
Status: in_force

54-59-02.2. Distributed ledger technologies - Authorization - Pilot program - Report

The department shall research and develop the use of distributed ledger-enabled platform

technologies, such as blockchains, for computer-controlled programs, data transfer and storage,

and program regulation to protect against falsification, improve internal data security, and

identify external hacking threats. Research must include efforts to protect the privacy of

personal identifying information maintained within distributed ledger programs. The department

shall select a state agency, upon the request of the state agency, to serve as a pilot program for

the implementation and use of distributed ledger-enabled platform technologies. Before June

first of each even-numbered year, the chief information officer shall report to the legislative

management regarding the implementation of distributed ledger technologies.
N.D. Cent. Code § 54-01-10 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-10
54-01-10. State may accept military and Indian reservations
Status: in_force

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

The state of North Dakota may accept from the United States any military reservation or

Indian school reservation, and all property connected with either, that the United States may

cede or transfer to the state, subject to any conditions and requirements which Congress may

impose.
N.D. Cent. Code § 54-60-04 — ND Code / Title 54 / Chapter 54-60 / Section 54-60-04
54-60-04. North Dakota economic development foundation - Executive committee - Duties
Status: in_force

54-60-04. North Dakota economic development foundation - Executive committee -

Duties.

The North Dakota economic development foundation is created.

1. The foundation is composed of a minimum of fifteen and a maximum of thirty members

appointed by the governor for two-year terms, except the governor shall appoint

approximately one-half of the initial foundation members to one-year terms in order to

initiate a cycle of staggered terms. Appointment of the foundation members must

ensure a cross section of business, tourism, and economic development

representation, and must ensure that at least one member represents rural concerns.

2. The foundation members shall elect an executive committee with a minimum of five

and a maximum of seven foundation members, which shall include a chairman, vice

chairman, secretary, treasurer, and up to three members at large.

3. The foundation shall seek funding for administrative expenses from private sector

sources and shall seek and distribute private sector funds for use in commerce-related

activities of the state. The private sector funds are not public moneys for any purpose

and are not subject to section 12 of article X of the Constitution of North Dakota.

4. The foundation shall:

a. Provide the governor advice and counsel in selecting the commissioner.

b. Serve in an advisory role to the commissioner.

c. Develop a strategic plan for economic development in the state and set

accountability standards, measurements, and benchmarks to evaluate the

effectiveness of the department in implementing the strategic plan.

d. Monitor economic development activities and initiatives of the department.

e. Recommend state and federal legislation relating to strengthening the state's

economy and increasing the state's population.

f. Monitor state and federal legislation and initiatives that may impact the state's

economy and population.

g. Serve as a source of expertise for developing public and private initiatives to

strengthen the state's economy and increase the state's population.
N.D. Cent. Code § 54-10-17 — ND Code / Title 54 / Chapter 54-10 / Section 54-10-17
54-10-17. Audit of counties
Status: repealed

54-10-17. Audit of counties

Repealed by S.L. 2005, ch. 480, § 1.
N.D. Cent. Code § 54-07-13 — ND Code / Title 54 / Chapter 54-07 / Section 54-07-13
54-07-13. Children's cabinet - Membership - Duties - Working groups - Report
Status: in_force

54-07-13. Children's cabinet - Membership - Duties - Working groups - Report

1. The children's cabinet is created to assess, guide, and coordinate the care for children

and families across the state's branches of government and the tribal nations.

2. The children's cabinet is composed of:

a. The governor, or the governor's designee;

b. The chief justice of the supreme court, or the chief justice's designee;

c. Two members of the house of representatives, appointed by the majority leader

of the house of representatives to serve two-year terms;

d. Two members of the senate, appointed by the majority leader of the senate to

serve two-year terms;

e. The superintendent of public instruction, or the superintendent's designee;

f. The director of the committee on protection and advocacy, or the director's

designee;

g. The commissioner of the department of health and human services, or the

commissioner's designee;

h. A representative of the tribal nations in the state, who is appointed by the

governor; and

i. Five individuals, appointed by the governor to serve a term of two years at the

pleasure of the governor, consisting of:

(1) A local school representative;

(2) A local special education representative;

(3) A human service zone director;

(4) A representative of a private agency that provides direct services to

vulnerable children; and

(5) A parent.

3. The governor, in collaboration with the chairman of the legislative management, shall

appoint as the presiding officer of the children's cabinet a member of the governor's

cabinet or a legislator serving on the children's cabinet. The children's cabinet shall

select one of its members to serve as the vice-presiding officer.

4. The children's cabinet shall meet at least quarterly. Additional meetings may be held at

the discretion of the presiding officer.

5. The children's cabinet shall:

a. Coordinate broad-based leadership across programs, agencies, branches of

government, and tribal nations to meet the needs of children and families;

b. Develop strategies to address gaps or needs regarding early care and education,

medical and behavioral health, community, child welfare, and juvenile justice;

c. Develop strategies to provide for the full continuum of care in the delivery of

services, including promotion, prevention, early identification and intervention,

service delivery, and recovery;

d. Seek to engage cooperation across public and private service providers;

e. Provide a comprehensive vision for how and where children are best served,

attending to children and families in a respectful and relevant manner;

f. Seek strategies to provide services to children without consideration of prior

engagement with juvenile services;

g. Provide for the active participation of consumers and providers statewide on

advisory committees;

h. Receive information and recommendations from the department of health and

human services, department of corrections and rehabilitation, and other state

agencies;

i. Establish and oversee designated working groups to develop policies impacting

children and families; and

j. Provide an annual report to the legislative management and governor regarding

the activities and findings of:

(1) The children's cabinet; and

(2) Other designated working groups on children and family issues.

6. a. The office of the governor shall provide staffing and administrative services for

the children's cabinet and coordinate with other designated working groups on

children and family issues.

b. The governor or the governor's designee serving on the cabinet may appoint a

representative to serve in that official's capacity at a meeting if the governor or

governor's designee is unable to attend.

7. a. The presiding officer of the children's cabinet may designate working groups and

appoint or remove liaisons to serve on the working groups.

b. A member of the children's cabinet or working group who is not a state employee

is entitled to reimbursement for mileage and expenses as provided by law for

state officers and employees, to be paid by the office of the governor.

c. A state employee who is a member of the children's cabinet or working group is

entitled to receive that employee's regular salary and is entitled to reimbursement

for mileage and expenses to be paid by the employing agency.

d. A member of the children's cabinet or working group who is a member of the

legislative assembly is entitled to receive per diem compensation at the rate

provided under section 54-35-10 for each day performing official duties of the

children's cabinet or working group. The legislative council shall pay the per diem

compensation and reimbursement for travel and such expenses as provided by

law for any member of the children's cabinet or working group who is a member

of the legislative assembly.
N.D. Cent. Code § 54-44.1-04 — ND Code / Title 54 / Chapter 54-44.1 / Section 54-44.1-04
54-44.1-04. Budget estimates of budget units filed with the office of the budget - Deadline
Status: in_force

54-44.1-04. Budget estimates of budget units filed with the office of the budget -

Deadline.

The head of each budget unit, not later than July fifteenth of each year next preceding the

session of the legislative assembly, shall submit to the office of the budget, estimates of financial

requirements of the person's budget unit for the next two fiscal years, on the forms and in the

manner prescribed by the office of the budget, with such explanatory data as is required by the

office of the budget and such additional data as the head of the budget unit wishes to submit.

The estimates of financial requirements for budget units under the control of the state board of

higher education must be made using the same forms, supporting information, and

documentation as other budget units. Any request for a new full-time or part-time permanent

position included in a budget unit's estimate of its financial requirements for the next two fiscal

years must include documentation justifying the need for the position. The documentation must

describe the circumstances resulting in the need for the position and identify the number of

hours the position will be involved in specific types of activities and the anticipated outcomes of

the activities. The estimates so submitted must bear the approval of the board or commission of

each budget unit for which a board or commission is constituted. The director of the budget may

extend the filing date for any budget unit if the director finds there is some circumstance that

makes it advantageous to authorize the extension. If a budget unit has not submitted its

estimate of financial requirements by the required date or within a period of extension set by the

director of the budget, the director of the budget shall prepare the budget unit's estimate of

financial requirements except the estimate may not exceed ninety percent of the budget unit's

previous biennial appropriation. The director of the budget or a subordinate officer as the

director shall designate shall examine the estimates and shall afford to the heads of budget

units reasonable opportunity for explanation in regard thereto and, when requested, shall grant

to the heads of budget units a hearing thereon which must be open to the public.
N.D. Cent. Code § 54-34.3-02 — ND Code / Title 54 / Chapter 54-34.3 / Section 54-34.3-02
54-34.3-02. Definitions
Status: in_force

54-34.3-02. Definitions

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

1. "Department" means the department of commerce.

2. "Director" means the director of the department of commerce division of economic

development and finance.

3. "Division" means the department division of economic development and finance.
N.D. Cent. Code § 54-66-03 — ND Code / Title 54 / Chapter 54-66 / Section 54-66-03
54-66-03. Lobbyist gifts - Penalty
Status: in_force

54-66-03. Lobbyist gifts - Penalty

1. A lobbyist may not give, offer, solicit, initiate, or facilitate a gift knowingly to a public

official, and a public official may not accept a gift from a lobbyist knowingly.

2. The prohibition in subsection 1 does not apply when a lobbyist gives, offers, solicits,

initiates, or facilitates, or a public official accepts a gift to or from a family member.

3. The commission may assess a civil penalty upon any individual who violates this

section.

a. If the gift has a value of five hundred dollars or more, the civil penalty may be up

to two times the value of the gift.

b. If the gift has a value of less than five hundred dollars, the civil penalty may be

two times the value of the gift and may be up to one thousand dollars.
N.D. Cent. Code § 54-29-01 — ND Code / Title 54 / Chapter 54-29 / Section 54-29-01
54-29-01. State bonds - Where payable
Status: in_force

54-29-01. State bonds - Where payable

All state bonds issued under the provisions of this title are payable at a place or places

specified in the resolution or other related documents of the industrial commission.
N.D. Cent. Code § 54-64-03 — ND Code / Title 54 / Chapter 54-64 / Section 54-64-03
54-64-03. Community action agency duties
Status: in_force

54-64-03. Community action agency duties

In order to be eligible to participate in this program, a community action agency shall:

1. Provide a separate account for the immediate deposit of program funds;

2. Establish a process to select participants and describe any priorities for participation;

3. Enter an individual development account agreement with the household to establish

the terms of participation;

4. Provide households with economic literacy education;

5. Provide households with asset-specific education;

6. Provide matching deposits for participating household;

7. Coordinate with other related public and private programs; and

8. Establish a process to appeal and mediate disputes.
N.D. Cent. Code § 54-06-34 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-34
54-06-34. Employer-paid professional organization membership and service club dues
Status: in_force

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

dues.

Each state agency, department, or institution may pay employee membership dues for

professional organizations and membership dues for service clubs when required to do

business or if the membership is primarily for the benefit of the state. Within sixty days after the

close of each biennial period, each executive branch state agency, department, or institution,

except an institution of higher education, providing employer-paid professional organization

membership and service club dues shall file with the office of management and budget a report

indicating the total employer-paid professional organization membership and service club dues.

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

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

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

as a gift for purposes of section 18 of article X of the Constitution of North Dakota.
N.D. Cent. Code § 54-60-17.1 — ND Code / Title 54 / Chapter 54-60 / Section 54-60-17.1
54-60-17.1. Internship fund - Continuing appropriation
Status: in_force

54-60-17.1. Internship fund - Continuing appropriation

The internship fund is a special fund in the state treasury. All funds in the internship fund are

appropriated to the department of commerce on a continuing basis for the purpose of

implementing and administering section 54-60-17. Interest earned by the fund must be credited

to the fund.
N.D. Cent. Code § 54-17.4-11 — ND Code / Title 54 / Chapter 54-17.4 / Section 54-17.4-11
54-17.4-11. State geologist - Colleges and universities - Cooperation
Status: in_force

54-17.4-11. State geologist - Colleges and universities - Cooperation

The board of higher education and the survey shall develop a cooperative agreement for

the sharing of books, equipment, and other physical resources.
N.D. Cent. Code § 54-52-17 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-17
54-52-17. Formulation of plan (Retroactive application - See note)
Status: in_force

54-52-17. Formulation of plan. (Retroactive application - See note)

Participating members shall receive benefits according to this section and according to rules

adopted by the board, not inconsistent with this chapter. An individual is not entitled to receive a

prior service benefit if the individual was not continuously employed by a governmental unit in

North Dakota for a period of not less than two years immediately before eligibility for retirement.

1. Participating members shall receive credit for full-time employment or its equivalent

from the date they attain eligibility until their normal retirement date, postponed

retirement date, or early retirement date, as defined in this section. Part-time

employment will be recognized as full-time employment on a prorated basis as the

board may prescribe.

2. Retirement benefits are calculated from the participating member's final average

salary, which is the average of the highest salary received by the member for any

thirty-six months employed during the last one hundred twenty months of employment.

For members who terminate employment on or after August 1, 2010, final average

salary is the average of the highest salary received by the member for any thirty-six

months employed during the last one hundred eighty months of employment. For

members who terminate employment between July 31, 2005, and August 1, 2010, final

average salary is the average of the highest salary received by the member for any

thirty-six months employed during the period for which the board has appropriate and

accurate salary records on the board's electronic database, but that period may not be

more than the last one hundred eighty months of employment. For members who

terminate employment after December 31, 2019, final average salary is the higher of

the final average salary calculated on December 31, 2019, or the average salary

earned in the three highest periods of twelve consecutive months employed during the

last one hundred eighty months of employment. Months without earnings are excluded

for the purpose of computing an average. If the participating member has worked for

less than thirty-six months at the normal retirement date, the final average salary is the

average salary for the total months of employment.

3. Retirement dates are defined as follows:

a. Normal retirement date, except for a national guard security officer or firefighter, a

firefighter, dispatcher, correctional officer, or peace officer employed by the state,

or a firefighter, dispatcher, emergency medical services personnel, peace officer,

or correctional officer employed by a political subdivision, is:

(1) The first day of the month next following the month in which the member

attains the age of sixty-five years; or

(2) When the member has a combined total of years of service credit and years

of age equal to eighty-five and has not received a retirement benefit under

this chapter.

b. Normal retirement date for members first enrolled after December 31, 2015,

except for a national guard security officer or firefighter, a firefighter, dispatcher,

correctional officer, or peace officer employed by the state, a firefighter,

dispatcher, emergency medical services personnel, peace officer, or correctional

officer employed by a political subdivision, or a supreme court or district court

judge, is:

(1) The first day of the month next following the month in which the member

attains the age of sixty-five years; or

(2) When the member has a combined total of years of service credit and years

of age equal to ninety and the member attains a minimum age of sixty and

has not received a retirement benefit under this chapter.

c. Normal retirement date for a national guard security officer or firefighter is:

(1) The first day of the month next following the month in which the national

guard security officer or firefighter attains the age of fifty-five years and has

completed at least three eligible years of employment; or

(2) When the national guard security officer or firefighter has a combined total of

years of service credit and years of age equal to eighty-five and has not

received a retirement benefit under this chapter.

d. Normal retirement date for a dispatcher, emergency medical services personnel,

peace officer, firefighter, or correctional officer employed by a political subdivision

is:

(1) The first day of the month next following the month in which the dispatcher,

emergency medical services personnel, peace officer, firefighter, or

correctional officer attains the age of fifty-five years and has completed at

least three eligible years of employment; or

(2) When the dispatcher, emergency medical services personnel, peace officer,

firefighter, or correctional officer has a combined total of years of service

credit and years of age equal to eighty-five and has not received a

retirement benefit under this chapter.

e. (1) Normal retirement date for a peace officer employed by the bureau of

criminal investigation is:

(a) [1] For a member employed before August 1, 2023, the first day of

the month next following the month in which the peace officer

attains the age of fifty-five years and has completed at least three

eligible years of employment; and

[2] For a member employed after July 31, 2023, the first day of the

month next following the month in which the peace officer attains

the age of fifty-five years and has completed at least ten eligible

years of employment; or

(b) When the peace officer has a combined total of years of service credit

and years of age equal to eighty-five and has not received a

retirement benefit under this chapter.

(2) Normal retirement date for a firefighter, dispatcher, correctional officer, or

peace officer employed by the state, other than a peace officer employed by

the bureau of criminal investigation, is:

(a) The first day of the month next following the month in which the

firefighter, dispatcher, correctional officer, or peace officer attains the

age of fifty-five years and has completed at least three eligible years

of employment; or

(b) When the firefighter, dispatcher, correctional officer, or peace officer

has a combined total of years of service credit and years of age equal

to eighty-five and has not received a retirement benefit under this

chapter.

f. Postponed retirement date is the first day of the month next following the month

in which the member, on or after July 1, 1977, actually severs or has severed the

member's employment after reaching the normal retirement date.

g. (1) Early retirement date, except for a national guard security officer or

firefighter, a firefighter, dispatcher, emergency medical services personnel,

peace officer, or correctional officer employed by a political subdivision, or a

firefighter, dispatcher, correctional officer, or peace officer employed by the

state, is the first day of the month next following the month in which the

member attains the age of fifty-five years and has completed three years of

eligible employment.

(2) For a national guard security officer or firefighter, early retirement date is the

first day of the month next following the month in which the national guard

security officer or firefighter attains the age of fifty years and has completed

at least three years of eligible employment.

(3) For a firefighter, dispatcher, correctional officer, or peace officer employed

by the state, other than a peace officer employed by the bureau of criminal

investigation, or a dispatcher, emergency medical services personnel,

firefighter, peace officer, or correctional officer employed by a political

subdivision, early retirement date is the first day of the month next following

the month in which the dispatcher, emergency medical services personnel,

peace officer, firefighter, or correctional officer attains the age of fifty years

and has completed at least three years of eligible employment.

(4) For a peace officer employed by the bureau of criminal investigation, early

retirement date is the first day of the month next following the month in

which the peace officer attains the age of fifty years and has completed:

(a) If hired before August 1, 2023, at least three years of eligible

employment; or

(b) If hired after July 31, 2023, at least ten years of eligible employment.

h. Disability retirement date is the first day of the month after a member becomes

permanently and totally disabled, according to medical evidence called for under

the rules of the board, and has completed at least one hundred eighty days of

eligible employment. For supreme and district court judges, permanent and total

disability is based solely on a judge's inability to perform judicial duties arising out

of physical or mental impairment, as determined pursuant to rules adopted by the

board or as provided by subdivision a of subsection 3 of section 27-23-03.

(1) A member is eligible to receive disability retirement benefits only if the

member became disabled during the period of eligible employment and

applies for disability retirement benefits within twelve months of the date the

member terminates employment.

(2) A member is eligible to continue to receive disability benefits as long as the

permanent and total disability continues and the member submits the

necessary documentation and undergoes medical testing required by the

board, or for as long as the member participates in a rehabilitation program

required by the board, or both. If the board determines a member no longer

meets the eligibility definition, the board may discontinue the disability

retirement benefit. The board may pay the cost of any medical testing or

rehabilitation services the board deems necessary and these payments are

appropriated from the retirement fund for those purposes. A member's

receipt of disability benefits under this section is limited to receipt from the

fund to which the member was actively contributing at the time the member

became disabled.

(3) A member who has reached normal retirement age or normal retirement

date and is eligible for unreduced retirement benefits may not apply for a

disability retirement benefit.

4. The board shall calculate retirement benefits as follows:

a. Normal retirement benefits for a retiree, except a supreme or district court judge

and peace officer employed by the bureau of criminal investigation reaching

normal retirement date equals an annual amount, payable monthly, comprised of

a service benefit and a prior service benefit, as defined in this chapter, which is

determined as follows:

(1) For a member first enrolled:

(a) Before January 1, 2020, service benefit equals two percent of final

average salary multiplied by the number of years of service

employment.

(b) After December 31, 2019, service benefit equals one and seventy-five

hundredths percent of final average salary multiplied by the number of

years of service employment.

(2) Prior service benefit equals two percent of final average salary multiplied by

the number of years of prior service employment.

b. Normal retirement benefits for a supreme or district court judge under the public

employees retirement system reaching normal retirement date equals an annual

amount, payable monthly, comprised of a benefit as defined in this chapter,

determined as follows:

(1) Benefits must be calculated from the time of appointment or election to the

bench and must equal three and one-half percent of final average salary

multiplied by the first ten years of judicial service, two and eighty hundredths

percent of final average salary multiplied by the second ten years of judicial

service, and one and one-fourth percent of final average salary multiplied by

the number of years of judicial service exceeding twenty years.

(2) Service benefits must include, in addition, an amount equal to the percent

specified in subdivision a of final average salary multiplied by the number of

years of nonjudicial employee service and employment.

c. Normal retirement benefits for a peace officer employed by the bureau of criminal

investigation reaching the normal retirement date equals an annual amount,

payable monthly, comprised of a service benefit and a prior service benefit

determined as follows:

(1) The first twenty years of credited service multiplied by three percent of final

average salary.

(2) For years in excess of twenty years of credited service multiplied by one and

seventy-five hundredths percent of final average salary.

d. Postponed retirement benefits are calculated as for single life benefits for those

members who retired on or after July 1, 1977.

e. Early retirement benefits are calculated as for single life benefits accrued to the

date of termination of employment, but must be actuarially reduced to account for

benefit payments beginning before the normal retirement date, as determined

under subsection 3. Except for a national guard security officer or firefighter, a

firefighter, dispatcher, or emergency medical services personnel employed by a

political subdivision, a dispatcher, correctional officer, or peace officer employed

by a governmental unit, or a supreme court or district court judge, early retirement

benefits for members first enrolled after December 31, 2015, are calculated for

single life benefits accrued to the date of termination of employment, but must be

reduced by fixed rate of eight percent per year to account for benefit payments

beginning before the normal retirement date. A retiree, other than a supreme or

district court judge, or a peace officer employed by the bureau of criminal

investigation and hired after July 31, 2023, is eligible for early retirement benefits

only after having completed three years of eligible employment. A supreme or

district court judge retiree is eligible for early retirement benefits only after having

completed five years of eligible employment. A peace officer employed by the

bureau of criminal investigation and hired after July 31, 2023, is eligible for early

retirement benefits only after having completed ten years of eligible employment.

f. Except for a supreme or district court judge, disability retirement benefits are

twenty-five percent of the member's final average salary. Disability retirement

benefits for a supreme or district court judge are seventy percent of final average

salary reduced by any social security benefits and by any workforce safety and

insurance benefits paid to the member. The minimum monthly disability

retirement benefit under this section is one hundred dollars.

5. Upon termination of employment after completing three years of eligible employment,

except for a supreme or district court judge, who must complete five years of eligible

employment, or a peace officer employed by the bureau of criminal investigation and

hired after July 31, 2023, who must complete ten years of eligible employment, but

before normal retirement date, a member who does not elect to receive early

retirement benefits is eligible to receive deferred vested retirement benefits payable

commencing on the member's normal retirement date in one of the optional forms

provided in subsection 9. Members who have delayed or inadvertently failed to apply

for retirement benefits to commence on their normal retirement date may choose to

receive either a lump sum payment equal to the amount of missed payments, or an

actuarial increase to the form of benefit the member has selected, which increase

must reflect the missed payments.

6. If before retiring a member dies after completing three years of eligible employment,

except for a supreme or district court judge, who must have completed five years of

eligible employment, or a peace officer employed by the bureau of criminal

investigation and hired after July 31, 2023, who must complete ten years of eligible

employment, the board shall pay the member's account balance to the member's

designated beneficiary as provided in this subsection. If the member has designated

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

pay the member's account balance to the named beneficiary. If the member has

named more than one primary beneficiary, the board shall pay the member's account

balance to the named primary beneficiaries in the percentages designated by the

member or, if the member has not designated a percentage for the beneficiaries, in

equal percentages. If one or more of the primary beneficiaries has predeceased the

member, the board shall pay the predeceased beneficiary's share to the remaining

primary beneficiaries. If any beneficiary survives the member, yet dies before

distribution of the beneficiary's share, the beneficiary must be treated as if the

beneficiary predeceased the member. If there are no remaining primary beneficiaries,

the board shall pay the member's account balance to the contingent beneficiaries in

the same manner. If there are no remaining designated beneficiaries, the board shall

pay the member's account balance to the member's estate. If the member has not

designated an alternate beneficiary or the surviving spouse is the beneficiary, the

surviving spouse of the member may select a form of payment as follows:

a. If the member was a supreme or district court judge, the surviving spouse may

select one of the following optional forms of payment:

(1) A lump sum payment of the member's retirement account as of the date of

death.

(2) Payments as calculated for the deceased member as if the member was of

normal retirement age at the date of death, payable until the spouse dies.

b. The surviving spouse of all other members may select one of the following

options:

(1) A lump sum payment of the member's retirement account as of the date of

death.

(2) Payment of a monthly retirement benefit equal to fifty percent of the

deceased member's accrued single life retirement benefits until the spouse

dies.

(3) If the member dies on or after the member's normal retirement date, the

payment of a monthly retirement benefit equal to an amount that would have

been paid to the surviving spouse if the member had retired on the day of

the member's death and had selected a one hundred percent joint and

survivor annuity, payable until the spouse dies. A surviving spouse who

received a benefit under this subsection as of July 31, 1995, is entitled to

the higher of that person's existing benefit or the equivalent of the accrued

benefit available under the one hundred percent joint and survivor provision

as if the deceased member were of normal retirement age, with the increase

payable beginning August 1, 1995.

7. If a member not coming under the provisions of subsection 6 terminates employment

because of death, permanent and total disability, or any voluntary or involuntary

reason prior to retirement, the member or the member's designated beneficiary is

entitled to the member's account balance at termination. The board automatically shall

refund a member's account balance if the member has completed less than three

years of eligible employment, has an account balance of less than one thousand

dollars, and was not a supreme or district court judge or a peace officer employed by

the bureau of criminal investigation and hired after July 31, 2023. If the member was a

supreme or district court judge, the board automatically shall refund a member's

account balance if the member completed less than five years of eligible employment

and has an account balance of less than one thousand dollars. If the member was a

peace officer employed by the bureau of criminal investigation and hired after July 31,

2023, the board automatically shall refund a member's account balance if the member

completed less than ten years of eligible employment and has an account balance of

less than one thousand dollars. A member may waive the refund if the member

submits a written statement to the board, within thirty days after termination,

requesting that the member's account balance remain in the fund.

8. The surviving spouse of a member receiving retirement benefits must be the member's

primary beneficiary unless there is no surviving spouse or the surviving spouse

designates an alternate beneficiary in writing. If a member receiving retirement

benefits or the member's surviving spouse receiving retirement benefits dies before

the total amount of benefits paid to either or both equals the amount of the member's

account balance at retirement, the difference must be paid to the named beneficiary of

the recipient or, if there is no named beneficiary, to the recipient's estate. A benefit

payment owed to the member, surviving spouse, or alternate beneficiary which was

not paid before the death of the member, surviving spouse, or alternate beneficiary

must be paid to the named beneficiary of the recipient or, if there is no named

beneficiary, to the recipient's estate.

9. a. The board shall adopt rules providing for the receipt of retirement benefits in the

following optional forms:

(1) Single life.

(2) An actuarially equivalent joint and survivor option, with fifty percent or one

hundred percent options.

(3) Actuarially equivalent life with ten-year or twenty-year certain options.

(4) An actuarially equivalent partial lump sum distribution option with a

twelve-month maximum lump sum distribution.

(5) An actuarially equivalent graduated benefit option with either a one percent

or two percent increase to be applied the first day of January of each year.

b. Except for a supreme or district court judge, unless a member specifically

requests that the member receive benefits according to one of these options at

the time of applying for retirement, all retirement benefits must be in the form of a

single life benefit. For a supreme or district court judge, unless a member

specifically requests that the member receive benefits according to one of these

options at the time of applying for retirement, all retirement benefits must be in

the form of a lifetime monthly pension with fifty percent of the benefit continuing

for the life of the surviving spouse, if any.

10. The fund may accept rollovers from other eligible plans under rules adopted by the

board for the purchase of additional service credit, but only to the extent the transfer is

a rollover contribution that meets the requirement of section 408 of the Internal

Revenue Code.

11. The board may accept trustee-to-trustee transfers as permitted by Internal Revenue

Code section 403(b)(13) and section 457(e)(17) from an Internal Revenue Code

section 403(b) annuity or Internal Revenue Code section 457 deferred compensation

plan for the purchase of permissive service credit, as defined in Internal Revenue

Code section 415(n)(3)(A) or as repayment of a cashout from a governmental plan

under Internal Revenue Code section 415(k)(3).

12. The board may establish individual retirement accounts and individual retirement

annuities as permitted under section 408(q) of the Internal Revenue Code to allow

employees to make voluntary employee contributions. The board may adopt rules to

implement and administer the accounts and annuities under this section.
N.D. Cent. Code § 54-34.4-04 — ND Code / Title 54 / Chapter 54-34.4 / Section 54-34.4-04
54-34.4-04. North Dakota motion picture development office - Advisory board
Status: repealed

54-34.4-04. North Dakota motion picture development office - Advisory board

Repealed by S.L. 2009, ch. 480, § 16.
N.D. Cent. Code § 54-01-05.5 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-05.5
54-01-05.5. Bills authorizing sale or exchange of state-owned land - Written report - Assessment
Status: in_force

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

Assessment.

1. The supervising agency, board, commission, department, or institution owning or

controlling land proposed by a bill introduced in the legislative assembly to be sold or

exchanged shall prepare a written report that includes:

a. An analysis of the type of land involved.

b. A determination whether the land is needed for present or future uses of the

agency, board, commission, department, or institution.

c. A description of the party or parties, if known, who are interested in the land and

the purposes for which the land is desired.

d. A map showing the boundaries of the land proposed to be sold or exchanged and

the purposes for which the adjacent lands are used.

2. The commissioner of university and school lands shall review each legislative bill

proposing the sale or exchange of state-owned land and the written report from the

supervising agency, board, commission, department, or institution. The commissioner

may provide a written assessment to the standing committee of the legislative

assembly to which the bill is initially referred concerning the proposed land sale or

exchange and, in doing so, shall consider the "highest and best use" of the land as

defined by section 15-02-05.1.

3. The commissioner may adopt rules to provide for administration of this section.
N.D. Cent. Code § 54-40.4-03 — ND Code / Title 54 / Chapter 54-40.4 / Section 54-40.4-03
54-40.4-03. Charter commission alternatives - Powers and limitations - Charter contents
Status: in_force

54-40.4-03. Charter commission alternatives - Powers and limitations - Charter

contents.

1. Within sixty days after proceedings are initiated for a county-city home rule charter, the

governing bodies of the affected counties and cities shall enter into a joint powers

agreement specifying the procedure for framing the charter, which may include the

establishment of a single, cooperative charter commission with membership

representing each county and city. As an alternative, the governing body of each

county and city may establish a charter commission to frame the charter in cooperative

study with the charter commissions of the other counties or cities. The governing

bodies shall designate one of the members as chair of the charter commission.

2. Each governing body may, whether separate charter commissions are established or

another procedural arrangement is established through execution of a joint powers

agreement, set the compensation and expenses of charter commission members and,

from its general funds, furnish the charter commission with office space, supplies, and

legal, clerical, and other assistance.

3. A charter commission, during its deliberation, may hold public hearings and community

forums and use other suitable means to disseminate information, receive suggestions

and comments, and encourage public discussion on the subject of the proposed

county-city home rule charter, and may report periodically to the affected governing

bodies on its progress. In preparing the charter, the charter commission may:

a. Include all, or any part, of the available powers enumerated by sections

11-09.1-05 and 40-05.1-06 for county and city home rule in the county-city

charter, subject to the limitations of those provisions. A unified county-city

government may not levy any tax that would not otherwise be authorized within

the jurisdiction of a city or county pursuant to section 11-09.1-05 or 40-05.1-06,

and city taxes may be levied only within areas of the unified government which

are designated as participating cities;

b. Provide for adjustment of existing bonded indebtedness and other obligations in a

manner that will provide for a fair and equitable burden of taxation for debt

service;

c. Provide for the transfer or other disposition of property and other rights, claims,

assets, and franchises of local governments unified under the charter;

d. Provide for the reorganization, abolition, or adjustment of boundaries of any

existing boards, commissions, agencies, and special districts of the unified

governments;

e. Include provisions for transition in implementing the charter, including elements

that consider the reasonable expectations of current officeholders such as

delayed effective dates for implementation at the end of a current term or a future

term, upon the occurrence of a vacancy, or on a date certain;

f. Include provisions for the limited application or temporary implementation of the

charter, including provisions that permit implementation on a trial or experimental

basis such as the expiration of the charter on a date certain in the future, required

reapproval of the charter by the electors at a future date, or a phased-in

implementation of various aspects of the charter; and

g. Include other provisions that the charter commission decides to include and

which are consistent with state law.

4. A county-city home rule charter may not diminish the term of office for which a current

county officer was elected, redesignate that elected office during that term as

appointed, or reduce the salary of the office for that term.

5. A county-city home rule charter may not diminish the future term of office, or

redesignate an elected office as appointed, with respect to any person who, on

August 1, 1993, holds an elected county office and continues to hold that specific

office for future terms on an uninterrupted basis. This subsection does not apply after

January 1, 2002, or if the person holding the affected office consents in writing to the

proposed charter and submits that written document prior to the scheduled

implementation of the charter to a district judge serving the judicial district in which the

county is located.

6. The charter commission shall submit a single, joint report and proposed charter within

one year after appointment, unless a later submission date is agreed to by the affected

governing bodies. The proposed charter or accurate summary of the charter must be

published in the official newspaper of each affected county and city, at the expense of

each county and city, at least once during two different weeks within the thirty-day

period immediately preceding the date of election. However, a city with a population of

one thousand or less may, instead of publishing the charter in a newspaper, distribute

copies of the charter door-to-door and have them posted and available at prominent

locations in the city.
N.D. Cent. Code § 54-66-16 — ND Code / Title 54 / Chapter 54-66 / Section 54-66-16
54-66-16. Removal of ethics commission members
Status: in_force

54-66-16. Removal of ethics commission members

1. An ethics commission member may be removed from office for:

a. Substantial neglect of duty;

b. Gross misconduct in office;

c. Violation of the commission's code of ethics; or

d. Willful or habitual neglect or refusal to perform the duties of the member.

2. Removal of an ethics commission member under subsection 1 requires agreement by

a majority of:

a. The governor;

b. The majority leader of the senate; and

c. The minority leader of the senate.
N.D. Cent. Code § 54-63-02 — ND Code / Title 54 / Chapter 54-63 / Section 54-63-02
54-63-02. Access to council records
Status: in_force

54-63-02. Access to council records

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

commission, to the extent that the council or industrial commission determines the

materials or data consist of trade secrets or commercial, financial, or proprietary

information of individuals or entities applying to or contracting with the commission or

receiving council or industrial commission services under this chapter, are subject to

section 44-04-18.4.

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

have material designated as confidential under subsection 1. The request must

contain any information required by the council or industrial commission and must

include at least:

(1) A general description of the nature of the information sought to be protected.

(2) An explanation of why the information derives independent economic value,

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

(3) An explanation of why the information is not readily ascertainable by proper

means by other persons.

(4) A general description of a person or entity that may obtain economic value

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

obtain this value.

(5) A description of the efforts used to maintain the secrecy of the information.

b. The fact that a request has been made is exempt.

3. The information submitted pursuant to subsection 2 is confidential. The council or

industrial commission shall examine the request and determine whether the

information is relevant to the matter at hand and is a trade secret under the definition

in section 47-25.1-01 or 44-04-18.4. If the council or industrial commission determines

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

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

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

information and request are a public record.

4. The names or identities of independent technical reviewers on a 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 § 54-16-09 — ND Code / Title 54 / Chapter 54-16 / Section 54-16-09
54-16-09. Transfer of spending authority from state contingencies appropriation - Budget section approval
Status: in_force

54-16-09. Transfer of spending authority from state contingencies appropriation -

Budget section approval.

1. The emergency commission, upon the advice and counsel of the office of

management and budget and approval by the budget section of the legislative

management, may order a transfer of general fund, special funds, or federal funds

appropriation authority from the state contingencies appropriation, which must be

deducted from the state contingencies appropriation to the office of management and

budget and added to the appropriate line item in the appropriation of the state officer

approved for the transfer.

2. Any request considered by the budget section must comply with section 54-35-02.9.

The budget section, when considering requests under this section, may approve the

request in the form received from the emergency commission or may amend and

approve the request. A request amended and approved by the budget section is

deemed to be approved by the emergency commission.

3. Approval by the budget section is not required if the transfer of appropriation authority

is necessary to avoid an imminent threat to the safety of people or property due to a

natural disaster or war crisis or an imminent financial loss to the state.
N.D. Cent. Code § 54-51-10 — ND Code / Title 54 / Chapter 54-51 / Section 54-51-10
54-51-10. Travel expenses of employees of other governments
Status: in_force

54-51-10. Travel expenses of employees of other governments

A receiving agency in this state may, in accordance with the travel regulations of the state,

pay travel expenses of persons assigned thereto under this chapter during the period of such

assignments on the same basis as if they were regular employees of the receiving agency.
N.D. Cent. Code § 54-34-05 — ND Code / Title 54 / Chapter 54-34 / Section 54-34-05
54-34-05. Appointment of special committees
Status: repealed

54-34-05. Appointment of special committees

Repealed by S.L. 1969, ch. 446, § 8.
N.D. Cent. Code § 54-35-09 — ND Code / Title 54 / Chapter 54-35 / Section 54-35-09
54-35-09. Recommendations - When made public - Distribution
Status: in_force

54-35-09. Recommendations - When made public - Distribution

The recommendations of the legislative management must be completed and made public

prior to any session of the legislative assembly at which such recommendations are to be

submitted; and a copy of the recommendations must be distributed to each member-elect of the

legislative assembly, to each elective state officer, and to the state law library.
N.D. Cent. Code § 54-12-37 — ND Code / Title 54 / Chapter 54-12 / Section 54-12-37
54-12-37. Internet crimes investigation fund - Continuing appropriation
Status: in_force

54-12-37. Internet crimes investigation fund - Continuing appropriation

The internet crimes investigation fund is a special fund established in the state treasury. The

fund consists of all fees imposed pursuant to section 29-26-22.4, which are appropriated to the

attorney general on a continuing basis for information technology hardware, software licensing,

digital forensic training, and internet safety presentations to assist law enforcement entities and

organizations dedicated to preventing technology-facilitated child sexual exploitation and

internet crimes against children. Interest earned on moneys in the fund must be credited to the

fund.
N.D. Cent. Code § 54-06-26 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-26
54-06-26. Use of state telephones by state officials and employees
Status: in_force

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

Notwithstanding any other provision of law, an appointed or elected state official or a state

employee may use a state telephone to receive or place a local call for essential personal

purposes to the extent that use does not interfere with the functions of the official's or

employee's agency, department, or institution. Each state agency, department, or institution may

establish guidelines defining reasonable and appropriate use of state telephones for essential

personal purposes.
N.D. Cent. Code § 54-12-02 — ND Code / Title 54 / Chapter 54-12 / Section 54-12-02
54-12-02. Attorney general may institute action in which state is a party
Status: in_force

54-12-02. Attorney general may institute action in which state is a party

The attorney general and the attorney general's assistants are authorized to institute and

prosecute all cases in which the state is a party, whenever in their judgment it would be for the

best interests of the state so to do.
N.D. Cent. Code § 54-54-10 — ND Code / Title 54 / Chapter 54-54 / Section 54-54-10
54-54-10. Poet laureate - Nominating board - Appointment - Term
Status: repealed

54-54-10. Poet laureate - Nominating board - Appointment - Term

Repealed by S.L. 2025, ch. 479, § 39.
N.D. Cent. Code § 54-44.5-01 — ND Code / Title 54 / Chapter 54-44.5 / Section 54-44.5-01
54-44.5-01. Definitions
Status: in_force

54-44.5-01. Definitions

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

1. "Community action agency" means a not-for-profit corporation that has authority under

its charter and bylaws to receive funds to administer community action programs and

which was officially designated as a community action agency or a community action

program under section 210 of the Economic Opportunity Act of 1964 [Pub. L. 88-452;

78 Stat. 508; 42 U.S.C. 2701 et seq.] or any federal law concerning a block grant

program or other appropriate federal funding of social or community services, unless

the community action agency or a community action program lost its designation as a

result of failure to comply with the provisions of federal law.

2. "Community action program" means a community-based and operated program that

includes an intake assessment and referral capability in each of its counties and is

designed to include a number of projects or components to provide a range of services

and activities having a measurable and potentially major impact on causes and

conditions of poverty in the community or those areas of the community where poverty

is a particularly acute problem. These services and activities may include activities

designed to provide opportunities for eligible persons to:

a. Secure and retain meaningful employment;

b. Attain an adequate education;

c. Make better use of available income;

d. Obtain and maintain adequate housing and suitable living environment;

e. Obtain emergency assistance through grants and loans to meet immediate and

urgent individual and family needs, including the need for health services,

nutritious food, housing, and employment-related assistance;

f. Maximize the role community action agencies play in supportive mechanisms

available to North Dakota families;

g. Remove obstacles and solve problems that block achievement of self-sufficiency;

h. Achieve greater participation in the affairs of the community;

i. Make more effective use of other programs; and

j. Engage in activities eligible for federal funding, including funding through a block

grant for social or community services.

3. "Department" means the department of commerce.

4. "Director" means the director of the division.

5. "Division" means the department division of community services.
N.D. Cent. Code § 54-44.4-13 — ND Code / Title 54 / Chapter 54-44.4 / Section 54-44.4-13
54-44.4-13. Cooperative purchasing
Status: in_force

54-44.4-13. Cooperative purchasing

1. The office of management and budget shall purchase commodities or services as

requested by agencies and institutions of higher education and the legislative and

judicial branches of state government.

2. The office of management and budget and the agencies and institutions of higher

education shall make joint purchases of like commodities or services of high common

usage when the office of management and budget and the state board of higher

education determine it is in the best interest of the state.

3. An institution of higher education may establish a cooperative purchasing contract for

use limited to other institutions of higher education.

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

agree to purchase commodities or services under contracts entered into by the United

States general services administration or contracts of other government entities if it is

determined to be in the best interest of the state after consideration of price,

contractual terms and conditions, and the availability of competition.

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

participate in, sponsor, or administer a cooperative purchasing agreement with one or

more government entities or a nonprofit organization established on behalf of public

entities for the procurement of commodities or services in accordance with an

agreement entered into between the participants.

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

coordinate with the director of the department of transportation or the director's

designee to establish or participate in contracts which may be made available to

entities that have been determined by the department of transportation to be

transportation providers under chapter 39-04.2 eligible to receive state funds or federal

funds for public transportation.

7. Cooperative purchasing may include open-ended contracts that are available to other

government entities, nonprofit organizations established on behalf of public entities,

tribal agencies, transportation providers determined to be eligible under this section, or

the International Peace Garden established under chapter 55-05.

8. Before entering into a cooperative purchasing agreement under this section, the office

of management and budget must determine that the contracts were awarded through

full and open competition or source selection methods specified in section 54-44.4-05

and shall send notice to the bidders list of the office's intent to make a cooperative

purchase in accordance with this chapter.
N.D. Cent. Code § 54-17.5-05 — ND Code / Title 54 / Chapter 54-17.5 / Section 54-17.5-05
54-17.5-05. Evidences of indebtedness
Status: in_force

54-17.5-05. Evidences of indebtedness

1. Evidences of indebtedness issued by the industrial commission under this chapter are

payable solely from:

a. Appropriations by the legislative assembly from moneys in the lignite research

fund.

b. Revenues or income that may be received by the commission from lignite

projects, processes, or activities funded under this chapter with the proceeds of

the commission's evidences of indebtedness.

c. Revenues or income received by the commission under this chapter from any

source.

2. Not later than July fifteenth of each year preceding the biennial session of the

legislative assembly, the industrial commission shall submit to the office of the budget

a request for the amount required to be appropriated from the lignite research fund to

pay debt service on outstanding evidences of indebtedness during the following

biennium.

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

political subdivisions and are not debt of the state or of any officer or agent of the state

within the meaning of any statutory or constitutional provision. The evidences of

indebtedness must be executed by the manual or facsimile signature of a member or

members of the commission and the manual signature of a designated authenticating

agent. Any evidences of indebtedness bearing the signature of a member of the

commission in office at the date of signing are valid and binding for all purposes

notwithstanding that before delivery the person has ceased to be a member of the

commission.

4. The industrial commission shall establish and maintain a reserve fund for evidences of

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

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

purpose of the reserve fund.

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

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

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

the commission concerning the proceeds of its evidences of indebtedness.

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

deposit in the reserve fund.

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

in the reserve fund.

5. Moneys in the reserve fund may be expended only to pay the principal of and interest

on evidences of indebtedness, including payment of any premium required to be paid

when evidences of indebtedness are redeemed prior to maturity, and sinking fund

installments as the same become due and payable.

6. Moneys in the reserve fund may only be withdrawn in conformity with the terms of any

contract between the commission and the holders of its evidences of indebtedness or

any resolution of the commission concerning the proceeds of its evidences of

indebtedness.

7. The industrial commission must include in its biennial request to the office of the

budget the amount, if any, necessary to restore the reserve fund to an amount equal to

the amount required to be deposited in the fund by the terms of any contract or

resolution described in subdivision b of subsection 4. The legislative assembly may

appropriate such amount from the lignite research fund to the commission for deposit

in the reserve fund. If sufficient moneys are not available in the lignite research fund,

the legislative assembly may appropriate any amount necessary out of any moneys in

the general fund or any special funds in the state treasury not otherwise appropriated.
N.D. Cent. Code § 54-24-03.1 — ND Code / Title 54 / Chapter 54-24 / Section 54-24-03.1
54-24-03.1. Acceptance of federal aid
Status: in_force

54-24-03.1. Acceptance of federal aid

The state library is hereby authorized to accept and to expend in accordance with the terms

thereof any grant of federal funds which may become available to the state for library purposes.

For the purpose of qualifying to receive such grants, the state library is authorized to make such

applications and reports as may be required by the federal government as a condition thereto.
N.D. Cent. Code § 54-03-30 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-30
54-03-30. Audio recording of floor sessions
Status: in_force

54-03-30. Audio recording of floor sessions

The senate shall adopt rules regarding the recording of senate floor sessions and the house

of representatives shall adopt rules regarding the recording of house floor sessions. The

legislative council shall archive all audio recordings of floor sessions. Audio recordings of floor

sessions are public records that must be open and accessible for inspection during reasonable

office hours.
N.D. Cent. Code § 54-27-05 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-05
54-27-05. Office of management and budget to deliver to state treasurer order on county treasurer for taxes collected
Status: repealed

54-27-05. Office of management and budget to deliver to state treasurer order on

county treasurer for taxes collected.

Repealed by S.L. 1967, ch. 390, § 2.
N.D. Cent. Code § 54-66-15 — ND Code / Title 54 / Chapter 54-66 / Section 54-66-15
54-66-15. Prohibition on delivering campaign contributions - Penalty
Status: in_force

54-66-15. Prohibition on delivering campaign contributions - Penalty

A lobbyist may not deliver knowingly a campaign contribution made by another person in

violation of subsection 3 of section 2 of article XIV of the Constitution of North Dakota. For a first

violation, the commission may assess a civil penalty of five hundred dollars upon any individual

who knowingly violates this section. For a second and subsequent knowing violation of this

section, the person is guilty of a class B misdemeanor, and, if the lobbyist is a registered

lobbyist and the secretary of state is notified of the violation by the commission, a state's

attorney, or a court, the secretary of state shall revoke the lobbyist's registration. For purposes

of this section, "deliver" means to transport, transfer, or otherwise transmit, either physically or

electronically. This prohibition does not apply to an individual who delivers a campaign

contribution to the individual's own campaign or to the campaign of the individual's immediate

family member. This prohibition may not be interpreted to prohibit any person from making a

campaign contribution, encouraging others to make a campaign contribution, or otherwise

supporting or opposing a candidate.
N.D. Cent. Code § 54-52.6-02.1 — ND Code / Title 54 / Chapter 54-52.6 / Section 54-52.6-02.1
54-52.6-02.1. Participation in defined contribution retirement plan
Status: in_force

54-52.6-02.1. Participation in defined contribution retirement plan

1. Except as otherwise provided under section 54-52-02.5 or 54-52-02.15 or this chapter,

effective January 1, 2025, an eligible employee who is first enrolled shall participate in

the defined contribution retirement plan under this chapter.

2. A temporary employee may elect to participate in the defined contribution retirement

plan as provided under section 54-52.6-09.6.

3. A county elected official may elect to participate in the defined contribution retirement

plan as provided under section 54-52-02.11.

4. A nonstate appointed official shall participate in the defined contribution retirement plan

as provided under section 54-52-02.12.
N.D. Cent. Code § 54-63-00.1 — ND Code / Title 54 / Chapter 54-63 / Section 54-63-00.1
54-63-00.1. Definitions
Status: in_force

54-63-00.1. Definitions

As used in this chapter, "advanced biofuel" means fuel derived from renewable biomass and

includes:

1. Biofuel derived from cellulose, hemicellulose, or lignin;

2. Biofuel derived from sugar and starch other than ethanol derived from corn kernel

starch;

3. Biofuel derived from waste material, including crop residue, other vegetative waste

material, animal waste, food waste, and yard waste;

4. Diesel-equivalent fuel derived from renewable biomass, including vegetable oil and

animal fat;

5. Biogas, including landfill gas and sewage waste treatment gas, produced through the

conversion of organic matter from renewable biomass;

6. Butanol or other alcohols produced through the conversion of organic matter from

renewable biomass; and

7. Other fuel derived from cellulosic biomass.
N.D. Cent. Code § 54-10-22 — ND Code / Title 54 / Chapter 54-10 / Section 54-10-22
54-10-22. Public officers to aid state auditor - Auditor's authority on investigation - Referral of open records request
Status: in_force

54-10-22. Public officers to aid state auditor - Auditor's authority on investigation -

Referral of open records request.

1. The officers and employees of all departments, institutions, boards, commissions, and

political subdivisions, subject to examination by the state auditor, shall afford all

reasonable facilities for the investigation provided for in this title and shall make

returns and exhibits to the auditor under oath in a form and manner as the auditor may

prescribe.

2. The auditor shall have full power and authority to audit any books, papers, accounts,

bills, vouchers, and other documents or property of any and all departments, boards,

commissions, political subdivisions, and financial institutions subject to the auditor's

audit. The auditor shall have authority to audit under oath any or all trustees,

managers, officers, employees, or agents of any such departments, boards,

commissions, or political subdivisions. When necessary, the auditor shall employ

stenographers or clerical help, the expense incurred to be collected by the auditor from

the respective department, institution, board, commission, or political subdivision.

3. If the auditor receives a request for access to or inspection of information submitted to

the auditor by a department, institution, board, commission, or political subdivision, the

auditor shall refer the request to the submitting department, institution, board,

commission, or political subdivision for response. The referral of a request under this

subsection satisfies the responsibility of the auditor to respond to a request for public

records under chapter 44-04.
N.D. Cent. Code § 54-03-20.2 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-20.2
54-03-20.2. Creation of legislative compensation commission - Appointment of members
Status: repealed

54-03-20.2. Creation of legislative compensation commission - Appointment of

members.

Repealed by S.L. 1979, ch. 537, § 1.
N.D. Cent. Code § 54-30-01 — ND Code / Title 54 / Chapter 54-30 / Section 54-30-01
54-30-01. Authority for issuing bonds of North Dakota, real estate series - Purpose of issue
Status: in_force

54-30-01. Authority for issuing bonds of North Dakota, real estate series - Purpose of

issue.

An issue of bonds of the state of North Dakota, to be known as "bonds of North Dakota, real

estate series", is authorized and directed under the conditions and in the manner and for the

purposes set forth in this chapter. Such issue of bonds is authorized for the purpose of making

delivery thereof to the industrial commission of North Dakota, as provided in this chapter, to the

end that the commission, by negotiation and sale of the bonds, may procure necessary funds

for the Bank of North Dakota, thus replacing in the Bank the funds employed by it from time to

time in making loans upon first mortgages of real estate.
N.D. Cent. Code § 54-02-12 — ND Code / Title 54 / Chapter 54-02 / Section 54-02-12
54-02-12. State beverage
Status: in_force

54-02-12. State beverage

Milk is the official beverage of the state of North Dakota.
N.D. Cent. Code § 54-12-33 — ND Code / Title 54 / Chapter 54-12 / Section 54-12-33
54-12-33. Human trafficking commission
Status: in_force

54-12-33. Human trafficking commission

1. The attorney general shall establish a human trafficking commission, comprised of

designees from state, local, and tribal agencies which have contact with victims or

perpetrators, nongovernmental organizations that represent or work with victims, and

other organizations and individuals, including victims, whose expertise would benefit

the commission. In addition to the attorney general designees, the commission must

include:

a. A legislator from the majority party, appointed by the chairman of the legislative

management;

b. A legislator from the minority party, appointed by the chairman of the legislative

management;

c. An individual from the department of health and human services child and family

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

human services;

d. An individual representing a rural school district, appointed by the superintendent

of public instruction;

e. An individual representing one of the state's largest ten school districts, appointed

by the superintendent of public instruction;

f. An individual representing tribal nations, appointed by the North Dakota united

tribes tribal chairman's association;

g. An individual from the North Dakota state's attorneys' association, appointed by

the executive director of the North Dakota state's attorneys' association; and

h. An individual from the governor's office, appointed by the governor.

2. The attorney general or the attorney general's designee shall serve as the presiding

officer of the commission.

3. The commission shall:

a. Collect and evaluate data on human trafficking in this state and submit an annual

report to the attorney general, governor, and legislative assembly;

b. Promote awareness and provide information to education personnel and the

general public about human trafficking, victim remedies and services, and

trafficking prevention;

c. Promote training on human trafficking prevention and victim services for state and

local employees and members of regulated occupations and professions who

may have recurring contact with victims or perpetrators;

d. Promote training on human trafficking investigation and prosecution and on

missing and murdered indigenous people with the North Dakota state's attorney's

association, the North Dakota peace officers standards and training board, and

state and local law enforcement agencies;

e. Present annually regarding human trafficking awareness and prevention at

professional development conferences directed toward teachers, administrators,

and support staff which are hosted by educational organizations in this state or by

the department of public instruction;

f. Facilitate annual prevention and awareness education for students on human

trafficking and exploitation, in accordance with section 15.1-09-61; and

g. Conduct other appropriate activities.
N.D. Cent. Code § 54-03-19 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-19
54-03-19. Seal to be affixed to bills
Status: repealed

54-03-19. Seal to be affixed to bills

Repealed by S.L. 1997, ch. 30, § 4.
N.D. Cent. Code § 54-44.3-07 — ND Code / Title 54 / Chapter 54-44.3 / Section 54-44.3-07
54-44.3-07. Duties of board
Status: in_force

54-44.3-07. Duties of board

The primary responsibility of the board is to foster and assure a system of personnel

administration in the classified service of state government. In carrying out this function, the

board shall:

1. Adopt any rules and hold any hearings as are necessary to properly perform the

duties, functions, and powers imposed on or vested in the board by law. The adoption

of rules must be accomplished in accordance with chapter 28-32.

2. Hear, consider, and determine appeals by nonprobationary employees in the classified

service related to position classifications and pay grade assignments.

3. Ensure that the director includes the activities of the board in the office of management

and budget's biennial report.

4. Keep minutes and maintain records necessary to assure the equitable administration

of this chapter.
N.D. Cent. Code § 54-52-17.4 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-17.4
54-52-17.4. Purchase of additional credit
Status: in_force

54-52-17.4. Purchase of additional credit

1. A participating member may elect to purchase credit for years of service and prior

service for which the participating member is not presently receiving credit. A

participating member is entitled to purchase additional credit under this section for the

following service or prior service, except this service is not eligible for credit if the

years claimed also qualify for retirement benefits from another retirement system:

a. Active prior employment in the armed forces of the United States, except as

provided in section 54-52-17.14, for up to four years of credit.

b. Employment as a permanent employee by a public employer either within or

outside the state of North Dakota.

c. Employment as a permanent employee by a political subdivision participating in

the public employees retirement system which did not pay the cost of past service

benefits under section 54-52-02.1.

d. Service the participating member did not elect to repurchase upon re-employment

under section 54-52-02.6.

e. Service of an eligible employee, who exercised the privilege to withdraw from the

predecessor plan to the public employees retirement system under subsection 10

of section 54-52-17 as created by section 13 of chapter 499 of the 1977 Session

Laws.

f. Employment as a permanent employee by the federal government.

2. A participating member may elect to purchase credit for the following absences for

which the participating member is not receiving service credit:

a. Employer-approved leave of absence; or

b. Months away from work while participating as a seasonal employee.

3. Supreme and district court judges under the public employees retirement system may

elect to purchase credit for the following years of service:

a. Except as provided in section 54-52-17.14, for up to four years of credit for active

employment in the armed forces of the United States.

b. As a county judge in a county or counties that did not participate in the public

employees retirement system under this chapter.

c. Participation in the public employees retirement system as a county judge may be

converted to credit in the judges' retirement system.

4. The participating member may purchase credit under this section, or the participating

member's employer may purchase for the participating member, by paying to the

board an amount equal to the actuarial cost to the fund of providing the credit. If the

participating member purchases credit pursuant to subdivision d of subsection 1, the

participating member must pay to the board an amount equal to the greater of the

actuarial cost to the fund of providing the credit, or the amount the participating

member received upon taking a refund of the participating member's account balance,

plus interest at the actuarial rate of return from the time the participating member was

issued the refund. If the participating member is not repurchasing all of the credit

originally refunded, the participating member must pay a pro rata amount of the

refunded amount determined by dividing the refunded amount by the number of

months of credit refunded, multiplying that amount times the number of months of

credit the participating member seeks to repurchase, and adding interest at the

actuarial rate of return. The participating member or the participating member's

employer shall also pay to the retiree health benefits fund established under section

54-52.1-03.2 an amount equal to the actuarial cost to that fund for the additional credit.

This contribution must be recorded as a member contribution pursuant to section
N.D. Cent. Code § 54-11-16 — ND Code / Title 54 / Chapter 54-11 / Section 54-11-16
54-11-16. Criminal history record checks
Status: in_force

54-11-16. Criminal history record checks

The state treasurer shall require any applicant or employee who has access to federal tax

information to submit to a statewide and nationwide criminal history record check, and

subsequent recheck within five years from the date of the previous criminal history record

check. The nationwide criminal history record check must be conducted in the manner provided

by section 12-60-24.
N.D. Cent. Code § 54-17-17 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-17
54-17-17. Witnesses not excused from testifying - Not subject to prosecution
Status: in_force

54-17-17. Witnesses not excused from testifying - Not subject to prosecution

In an investigation made by the industrial commission under the provisions of this chapter,

the claim that any testimony or evidence sought to be elicited or produced on the examination

may tend to incriminate the person giving or producing it, or may expose the person to public

ignominy, does not excuse the person from testifying or producing evidence, documentary or

otherwise, but no person may be prosecuted or subjected to any penalty or forfeiture for and on

account of any matter or thing concerning which the person may testify or produce such

evidence. Such person is not exempted from prosecution and punishment for perjury committed

in so testifying.
N.D. Cent. Code § 54-21.3-06 — ND Code / Title 54 / Chapter 54-21.3 / Section 54-21.3-06
54-21.3-06. Continuing education - Responsibility
Status: repealed

54-21.3-06. Continuing education - Responsibility

Repealed by S.L. 1983, ch. 511, § 8.
N.D. Cent. Code § 54-06-33 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-33
54-06-33. Employer-paid tuition
Status: in_force

54-06-33. Employer-paid tuition

Each state agency, department, or institution may establish rules or policies to provide

employer-paid costs of training or educational courses, including tuition and fees, within

budgetary constraints. Executive branch agencies having employees in classified service are

subject to rules adopted by North Dakota human resource management services and approved

by the state personnel board and the legislative management's administrative rules committee.

Any other state agency, department, or institution of the executive, legislative, or judicial branch

may adopt rules or policies to ensure uniformity and consistency in state government.

Notwithstanding any other provision of law, each executive branch state agency, department, or

institution, except an institution of higher education, having employees who are not in classified

service and establishing rules or policies for employer-paid costs of training or educational

courses, including tuition and fees, shall submit the rules and policies to the office of

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

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

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

each biennial period, each state agency, department, or institution providing employer-paid

costs of training or educational courses, including tuition and fees, under rules approved by the

administrative rules committee, shall file with the office of management and budget a report

indicating the total employer-paid costs of training and educational courses, including tuition and

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

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

who receives employer-paid tuition reported under this section who leaves employment with the

state within two years of receiving the tuition must repay tuition received under this section on a

prorated basis. An expenditure for employer-paid training or educational courses, including

tuition and fees, under this section is deemed to be made for a public purpose and may not be

construed as a gift for purposes of section 18 of article X of the Constitution of North Dakota.
N.D. Cent. Code § 54-44.3-28 — ND Code / Title 54 / Chapter 54-44.3 / Section 54-44.3-28
54-44.3-28. College student cooperative education or intern program - Eligibility
Status: in_force

54-44.3-28. College student cooperative education or intern program - Eligibility

The director shall establish and administer within the executive and legislative branches of

state government a program through which college students may receive stipends and

academic credit for participating in a cooperative education or internship program. The program

must be open to any student enrolled in a public or private educational institution in this state

which has been accredited by an agency recognized by the United States department of

education. The director shall establish classifications and develop uniform application

procedures for the cooperative education or internship program.
N.D. Cent. Code § 54-17.7-11 — ND Code / Title 54 / Chapter 54-17.7 / Section 54-17.7-11
54-17.7-11. Pipeline authority administrative fund - Continuing appropriation
Status: in_force

54-17.7-11. Pipeline authority administrative fund - Continuing appropriation

There is created a pipeline authority administrative fund.

1. Revenue to the fund must include:

a. Moneys received from the state's oil and gas research council administrative

budget.

b. Moneys received from any federal agency for the purpose of this section.

c. Moneys donated to the pipeline authority for the purposes of this section.

d. Moneys received from the state's oil and gas impact fund.

e. Such other moneys as may be deposited in the fund for use in carrying out the

purposes of the authority.

2. This fund must be maintained as a special fund and all moneys transferred into the

fund are appropriated on a continuing basis and must be used and disbursed solely for

the purpose of defraying the administrative costs incurred by the pipeline authority.

3. Utilizing funds from the oil and gas research fund, the industrial commission shall

contract for or hire staffing necessary to effectively administer the pipeline authority.
N.D. Cent. Code § 54-60-20 — ND Code / Title 54 / Chapter 54-60 / Section 54-60-20
54-60-20. Beginning again North Dakota pilot program - Continuing appropriation - Report to legislative council
Status: in_force

54-60-20. Beginning again North Dakota pilot program - Continuing appropriation -

Report to legislative council.

Expired under S.L. 2007, ch. 18, § 53.
N.D. Cent. Code § 54-34.3-15 — ND Code / Title 54 / Chapter 54-34.3 / Section 54-34.3-15
54-34.3-15. Local economic developer certification and education programs
Status: in_force

54-34.3-15. Local economic developer certification and education programs

The director may implement certification and education programs through which the division

provides training to assist local economic developers and community leaders in meeting the

needs of businesses. The director may contract with a third-party service provider to assist in

implementing the program. The director may set and charge a fee for the receipt of services

under this program.
N.D. Cent. Code § 54-01-10.1 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-10.1
54-01-10.1. Acceptance of Fraine Barracks
Status: in_force

54-01-10.1. Acceptance of Fraine Barracks

The state of North Dakota hereby accepts from the United States of America the lands and

improvements comprising the Bismarck Indian school plant, as authorized by Public Law

78-502, which must hereafter be known as "Fraine Barracks" in honor of the late Brigadier

General John A. Fraine.
N.D. Cent. Code § 54-67-04 — ND Code / Title 54 / Chapter 54-67 / Section 54-67-04
54-67-04. Minimum requirements for activating a wireless emergency alert notice
Status: in_force

54-67-04. Minimum requirements for activating a wireless emergency alert notice

1. An amber alert notice may not be activated unless:

a. The abduction involves a child seventeen years of age or younger;

b. The law enforcement agency investigating the abduction has confirmed the child

is believed to be in grave danger of serious bodily harm or death; and

c. The bureau of criminal investigation or the superintendent of the highway patrol

determines sufficient descriptive information has been provided about the child,

the abductor, or the abductor's motor vehicle to:

(1) Assist with the safe recovery of the child;

(2) Assist with the apprehension of the abductor; and

(3) Believe an immediate broadcast alert will assist in the search for and safe

return of the child.

2. A blue alert notice may not be activated unless:

a. An individual who is a suspect in an offense has threatened a law enforcement

officer with a deadly weapon, used a deadly weapon against a law enforcement

officer, caused a law enforcement officer to suffer serious bodily injury or death,

abducted a law enforcement officer, or caused a law enforcement officer to go

missing while on duty;

b. The individual has fled the scene of the offense and a description of the individual

or the individual's vehicle is available for broadcast;

c. The law enforcement agency investigating the offense has determined the

individual poses a threat to the public or other law enforcement personnel; and

d. Dissemination of available information to the public may help avert further harm

or assist in the apprehension of the suspect.

3. A missing and endangered persons alert notice may not be activated unless:

a. The abduction involves an individual eighteen years of age or older;

b. The law enforcement agency investigating the abduction has confirmed the

missing individual is believed to be in grave danger of serious bodily harm or

death; and

c. The bureau of criminal investigation or the superintendent of the highway patrol

determines sufficient descriptive information has been provided about the missing

individual, the suspect, or the motor vehicle to:

(1) Assist with the safe recovery of the missing individual;

(2) Assist with the apprehension of the suspect; and

(3) Believe an immediate broadcast alert will assist in the search for and safe

return of the missing individual.

4. A feather alert notice may not be activated unless:

a. The abduction involves an indigenous individual;

b. The law enforcement agency investigating the abduction has confirmed the

missing individual is believed to be in grave danger of serious bodily harm or

death; and

c. The bureau of criminal investigation or the superintendent of the highway patrol

determines sufficient descriptive information has been provided about the missing

individual, the suspect, or the motor vehicle to:

(1) Assist with the safe recovery of the missing individual;

(2) Assist with the apprehension of the suspect; and

(3) Believe an immediate broadcast alert will assist in the search for and safe

return of the missing individual.

5. A silver alert notice may not be activated unless the missing individual is:

a. A disabled adult or elderly vulnerable adult, as defined in section 50-25.2-01, who

has disappeared and whose disappearance has been reported to law

enforcement;

b. An individual who has a developmental disability, as defined in section

25-01.2-01, who has disappeared and whose disappearance has been reported

to law enforcement; or

c. An elderly adult who has disappeared, whose disappearance has been reported

to law enforcement, and the disappearance:

(1) Indicates the individual is believed to be in grave danger of serious bodily

harm or death, as determined by a law enforcement agency and either the

highway patrol or bureau of criminal investigation, based on a report

received from the missing adult's family member or an individual who has

significant frequent contact with the missing adult, which contains sufficient

evidence of the imminent risk; or

(2) Warrants a silver alert notice activation due to the particular circumstances,

as determined by a law enforcement agency and either the highway patrol

or bureau of criminal investigation, based on a report received from the

missing adult's family member or an individual who has significant frequent

contact with the missing adult, which contains sufficient evidence that the

particular circumstances warrant a silver alert notice activation.

6. If a request for activation of a missing endangered persons alert notice or a feather

alert notice does not meet the minimum requirements under this section, the

department of emergency services shall follow the department's operational plan for

determining proper public notification channels.
N.D. Cent. Code § 54-23.4-03 — ND Code / Title 54 / Chapter 54-23.4 / Section 54-23.4-03
54-23.4-03. No award paid to inmates
Status: in_force

54-23.4-03. No award paid to inmates

The division may not make an award of any kind under this chapter to a victim convicted of

a crime and injured while confined in a jail, prison, or other correctional facility.
N.D. Cent. Code § 54-46-07 — ND Code / Title 54 / Chapter 54-46 / Section 54-46-07
54-46-07. Records not to be destroyed or removed
Status: in_force

54-46-07. Records not to be destroyed or removed

All records made or received by or under the authority of or coming into the custody, control,

or possession of public officials of this state in the course of their public duties are the property

of the state and may not be mutilated, destroyed, transferred, removed, sold, or otherwise

damaged or disposed of, in whole or in part, except as provided by law. Each state agency and

political subdivision of this state shall notify the state records management administrator of

unlawful actions affecting records. Public records that have been unlawfully removed must be

returned to the office of origin or to the state archivist.
N.D. Cent. Code § 54-17.7-04 — ND Code / Title 54 / Chapter 54-17.7 / Section 54-17.7-04
54-17.7-04. Powers
Status: in_force

54-17.7-04. Powers

The authority has all powers necessary to carry out the purposes of this chapter, including

the power to:

1. Make grants or loans and to provide other forms of financial assistance as necessary

or appropriate for the purposes of this chapter.

2. Make and execute contracts and all other instruments necessary or convenient for the

performance of the authority's powers and functions.

3. Acquire, purchase, hold, use, lease, license, sell, transfer, and dispose of an undivided

or other interest in or the right to capacity in any pipeline system or systems, including

interconnection of pipeline systems, within or without the state of North Dakota in order

to facilitate the production, transportation, distribution, or delivery of energy-related

commodities produced in North Dakota. If the authority acquires, purchases, holds,

uses, or leases capacity positions, the authority shall sell, transfer, release, or dispose

of the capacity positions at intervals that are no more frequent than monthly and in an

amount that is equal to or greater than the market rate, but only if the sale, transfer,

release, or disposal of the capacity positions is sufficient to cover the expenses and

obligations incurred. The authority's contract obligations for the capacity positions are

limited to the capacity rates, charges, and terms.

4. Borrow money and issue evidences of indebtedness as provided in this chapter,

including borrowing from the Bank of North Dakota.

a. (1) The authority may borrow up to sixty million dollars through a line of credit

from the Bank.

(2) In addition to the borrowing under paragraph 1, the authority may borrow up

to forty million dollars through a line of credit from the Bank to provide total

borrowing of up to one hundred million dollars under this subdivision. The

borrowing under this paragraph is available only if the authority enters a

capacity purchase agreement by December 31, 2026, related to a pipeline

project to transport natural gas from the western area of the state to the

eastern area of the state.

(3) The interest rate on the line of credit must be the prevailing interest rate

charged to North Dakota governmental entities.

b. The line of credit must be guaranteed by reserves under section 6-09.7-05.

c. The line of credit may be used to support activities under subsection 3.

d. The authority shall repay the line of credit from amounts available. If the amounts

available on June 30, 2027, are not sufficient to repay the line of credit, the

authority shall notify the director of the office of management and budget, and the

director of the office of management and budget shall transfer funds from the

strategic investment and improvements fund to the Bank for the repayment

pursuant to section 6-09.7-05 based on the amount certified by the Bank.

5. Receive and accept aid, grants, or contributions of money or other things of value from

any source, including aid, grants, or contributions from any department, agency, or

instrumentality of the United States, subject to the conditions upon which the aid,

grants, or contributions are made and consistent with the provisions of this chapter.

6. Issue and sell evidences of indebtedness in an amount or amounts as the authority

may determine, but not to exceed eight hundred million dollars, plus costs of issuance,

credit enhancement, and any reserve funds required by agreements with or for the

benefit of holders of the evidences of indebtedness for the purposes for which the

authority is created under this chapter, provided that the amount of any refinancing

shall not be counted toward such eight hundred million dollar limitation to the extent it

does not exceed the outstanding amount of the obligations being refinanced.

7. Refund and refinance its evidences of indebtedness.

8. Make and execute interest rate exchange contracts.

9. Enter lease-sale contracts.

10. Pledge any and all revenues derived by the authority under this chapter or from a

pipeline facility, service, or activity funded under this chapter to secure payment or

redemption of the evidences of indebtedness.

11. To the extent and for the period of time necessary for the accomplishment of the

purposes for which the authority was created plan, finance, develop, acquire, own in

whole or in part, lease, rent, and dispose of pipeline facilities.

12. Enter contracts to construct, maintain, and operate pipeline facilities.

13. Consult with the public service commission, regional organizations, and any other

relevant state or federal authority or persons as necessary and establish reasonable

fees, rates, tariffs, or other charges for pipeline facilities and all services rendered by

the authority.

14. Lease, rent, and dispose of pipeline facilities owned pursuant to this chapter.

15. Investigate, plan, prioritize, and propose corridors for the transport of energy-related

commodities.

16. Make and execute contracts and all other instruments necessary or convenient for the

performance of the authority's powers and functions with other state pipeline

authorities.

17. Cooperate with and participate in joint projects, research projects, and other activities

with other state pipeline authorities and participate in and join regional pipeline

organizations.

18. Do any and all things necessary or expedient for the purposes of the authority

provided in this chapter.