N.D. Cent. Code § 54-12-04.1 — ND Code / Title 54 / Chapter 54-12 / Section 54-12-04.1
54-12-04.1. Attorney general to make investigation on Indian reservation - Expenses
Status: in_force

54-12-04.1. Attorney general to make investigation on Indian reservation - Expenses

The attorney general may make a full and complete investigation of any complaint alleging

the deprivation of any constitutional, civil, or legal right of an individual residing on an Indian

reservation upon the written request of the state's attorney of the county of residence of the

aggrieved individual. The attorney general may conduct and take full charge of any criminal

prosecution that results from the investigation. The necessary expenses incurred in making the

investigation or in prosecuting any resulting case, as determined by the attorney general, must

be allowed and paid by the county in which the investigation was requested in the same manner

in which claims against the county are allowed and paid.
N.D. Cent. Code § 54-52-10.1 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-10.1
54-52-10.1. Payment of benefits and other costs
Status: in_force

54-52-10.1. Payment of benefits and other costs

The board shall use funds under its control both before and after July 1, 1977, to administer

this chapter and pay benefits authorized by this chapter.
N.D. Cent. Code § 54-27-04 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-04
54-27-04. County treasurers to transmit state taxes
Status: in_force

54-27-04. County treasurers to transmit state taxes

The county treasurer, as an agent of the state, shall, on or before the fifteenth of each

month, transmit in full to the state treasurer all state taxes collected in the previous month

together with a report thereon. The original report must be forwarded with the remittance to the

state treasurer.

The state treasurer shall furnish a receipt to the county treasurer for the funds received,

send a duplicate of the receipt to the county auditor, and cover the amounts to the state taxes

distribution fund.

The director of the office of management and budget, on or before the last day of same

month shall, by drawing appropriate warrants on the state taxes distribution fund, transfer the

funds to the general fund and other funds in accordance with the purposes for which the taxes

were levied and collected.
N.D. Cent. Code § 54-21-28 — ND Code / Title 54 / Chapter 54-21 / Section 54-21-28
54-21-28. Space utilization studies - Office space allocation
Status: in_force

54-21-28. Space utilization studies - Office space allocation

The director of the office of management and budget shall:

1. Conduct a periodic comprehensive space utilization study of all executive branch staff

located within the facilities on the capitol grounds.

2. Develop a space allocation and design policy which will consider space equalization

and maximize the effective use of public facilities in a cost-effective manner.

3. Allocate and assign office space, based upon space utilization studies and the

established policies, guidelines, standards, and procedures, to all executive branch

staff housed and working in facilities on the capitol grounds.

4. Include in developing standards and criteria to be used in making space allocations,

considerations regarding equipment; work stations; private offices; conference rooms;

reception areas; vaults; necessary arrangements of dividers, doors, and walls to

increase adequate air circulation; telephones; lighting; and heating in the utilization of

available space.

5. Be consulted, and the director's approval obtained, before any change is made within

any assigned and allocated space, and before any structural alteration is made.
N.D. Cent. Code § 54-54-03 — ND Code / Title 54 / Chapter 54-54 / Section 54-54-03
54-54-03. Term of office - Filling vacancies - Chairman - Vice chairman - Expenses
Status: in_force

54-54-03. Term of office - Filling vacancies - Chairman - Vice chairman - Expenses

The term of office of each member is five years; provided, however, that of the members

first appointed after August 1, 1995, three must be appointed for terms of two years, three for

terms of three years, and three for terms of five years. If a vacancy to be filled occurs otherwise

than by the expiration of the term of office of a member of the council, the appointment must be

made for the balance of the term only. Other than the chairman, no member of the council who

serves a full five-year term is eligible for reappointment during a one-year period following the

expiration of the term. The governor shall designate a chairman and a vice chairman from the

members of the council who shall serve at the pleasure of the governor. The chairman is the

chief executive officer of the council. The members of the council may not receive any

compensation for their services, but must be reimbursed for their travel expenses in the same

manner and at the same rates as provided by law for other state officials for necessary travel in

the performance of their duties as members of the council.
N.D. Cent. Code § 54-57-03 — ND Code / Title 54 / Chapter 54-57 / Section 54-57-03
54-57-03. Hearings before administrative law judges
Status: in_force

54-57-03. Hearings before administrative law judges

1. Notwithstanding the authority granted in chapter 28-32 allowing agency heads or other

persons to preside in an administrative proceeding, all adjudicative proceedings of

administrative agencies under chapter 28-32, except those of the public service

commission, the industrial commission, the insurance commissioner, the department

of water resources, the department of transportation, job service North Dakota, and

the labor commissioner, must be conducted by the office of administrative hearings in

accordance with the adjudicative proceedings provisions of chapter 28-32 and any

rules adopted pursuant to chapter 28-32. But, appeals hearings pursuant to section

61-03-22 and drainage appeals from water resource boards to the department of water

resources pursuant to chapter 61-32 must be conducted by the office of administrative

hearings. Additionally, hearings of the department of corrections and rehabilitation for

the parole board in accordance with chapter 12-59, regarding parole violations; job

discipline and dismissal appeals to the board of higher education; Individuals With

Disabilities Education Act and section 504 due process hearings of the superintendent

of public instruction; and chapter 37-19.1 veterans' preferences hearings for any

agency must be conducted by the office of administrative hearings in accordance with

applicable laws.

2. The agency head shall make a written request to the director requesting the

designation of an administrative law judge to preside for each administrative

proceeding or adjudicative proceeding to be held.

3. Informal disposition of an administrative proceeding or adjudicative proceeding may be

made by an agency at any time before or after the designation of an administrative law

judge from the office of administrative hearings.

4. If a party to an administrative proceeding or adjudicative proceeding is in default, the

agency may issue a default order and a written notice of default, including a statement

of the grounds for default, prior to the hearing. The agency shall determine all the

issues involved. If issued, the default notice and order must be served upon all the

parties and the administrative law judge, if one has been designated to preside. After

service of the default notice and order, if a hearing is necessary to complete the

administrative action with or without the participation of the party in default, an

administrative law judge from the office of administrative hearings must preside.

5. When designating administrative law judges to preside in an administrative proceeding

or adjudicative proceeding, the director shall attempt to assign an administrative law

judge having expertise in the subject matter to be dealt with.

6. The director of administrative hearings may assign an administrative law judge to

preside in an administrative proceeding or adjudicative proceeding, upon request, to

any agency exempted from the provisions of this section, to any agency, or part of any

agency, that is not an administrative agency subject to the provisions of chapter 28-32,

to any unit of local government in this state, to any tribal government in this state, to

the judicial branch, or to any agency to conduct a rulemaking hearing.
N.D. Cent. Code § 54-52-02.12 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-02.12
54-52-02.12. Participation requirements for nonstate appointed officials
Status: in_force

54-52-02.12. Participation requirements for nonstate appointed officials

1. Nonstate appointed officials of participating employers appointed on or after August 1,

1999, but before January 1, 2025, who meet the participation requirements of this

chapter must be enrolled in the defined benefit plan effective within the first month of

taking office.

2. After December 31, 2024, nonstate appointed officials of participating employers who

meet the participation requirements must be enrolled in the defined contribution

retirement plan under chapter 54-52.6 effective within the first month of taking office.
N.D. Cent. Code § 54-40.2-01 — ND Code / Title 54 / Chapter 54-40.2 / Section 54-40.2-01
54-40.2-01. Definitions
Status: in_force

54-40.2-01. Definitions

In this chapter:

1. "Public agency" means any political subdivision, including municipalities, counties,

school districts, and any agency or department of North Dakota.

2. "Secretary" means the secretary of interior of the United States.

3. "Tribal government" means the officially recognized government of any Indian tribe,

nation, or other organized group or community located in North Dakota exercising

self-government powers and recognized as eligible for services provided by the United

States. The term does not include any entity owned, organized, or chartered by a tribe

which exists as a separate entity authorized by a tribe to enter agreements of any kind

without further approval by the government of the tribe.
N.D. Cent. Code § 54-35-02.8 — ND Code / Title 54 / Chapter 54-35 / Section 54-35-02.8
54-35-02.8. Legislative ethics committee
Status: in_force

54-35-02.8. Legislative ethics committee

The legislative management, during each biennium, shall appoint an ethics committee to

consider or prepare a legislative code of ethics. The committee must include members of the

majority and minority parties of each house. The committee may recommend legislation relating

to legislative ethics. The committee shall operate according to the laws and procedures

governing the operation of other legislative management interim committees.
N.D. Cent. Code § 54-68-14 — ND Code / Title 54 / Chapter 54-68 / Section 54-68-14
54-68-14. Preferred claim
Status: in_force

54-68-14. Preferred claim

1. The office has a preferred claim against the estate of an individual or an individual's

spouse for recovery of funds expended under this chapter for the care of that

individual or the individual's spouse. All funds recovered under this chapter must be

deposited in the general fund.

2. A claim may not be required to be paid and interest may not begin to accrue during the

lifetime of the decedent's surviving spouse, if any.

3. A statute of limitation or similar statute or the doctrine of laches may not bar a claim

under this chapter.
N.D. Cent. Code § 54-38-04 — ND Code / Title 54 / Chapter 54-38 / Section 54-38-04
54-38-04. Executive director - Appointment - Duties - Salary and expenses
Status: repealed

54-38-04. Executive director - Appointment - Duties - Salary and expenses

Repealed by S.L. 1971, ch. 508, § 7.
N.D. Cent. Code § 54-24.2-07 — ND Code / Title 54 / Chapter 54-24.2 / Section 54-24.2-07
54-24.2-07. State aid to libraries - Reimbursement
Status: in_force

54-24.2-07. State aid to libraries - Reimbursement

Expired under S.L. 2007, ch. 467, § 2.
N.D. Cent. Code § 54-60-26 — ND Code / Title 54 / Chapter 54-60 / Section 54-60-26
54-60-26. Division of workforce development - Annual reports - North Dakota workforce development council - Budget acceptance
Status: in_force

54-60-26. Division of workforce development - Annual reports - North Dakota

workforce development council - Budget acceptance.

1. Annually, job service North Dakota, the department of career and technical education,

the department, and the state board of higher education each shall submit a report to

the division of workforce development relating to the respective agency's current

workforce initiatives and activities and that agency's plan for future workforce initiatives

and activities. The division of workforce development shall consider these reports in

preparing the consolidated biennial statewide strategic plan for the state's system for

workforce development, workforce training, and talent attraction required under section

54-60-19.

2. Before November first of each even-numbered year, job service North Dakota, the

department of career and technical education, the department, and the state board of

higher education each shall present the respective agency's workforce-related budget

initiatives for the upcoming biennium, including alignment of these initiatives with the

consolidated biennial statewide strategic plan, to the North Dakota workforce

development council, created by governor's executive order 1995-01, dated January 3,

1996. The North Dakota workforce development council members shall consider

potential areas for collaboration.
N.D. Cent. Code § 54-09-11 — ND Code / Title 54 / Chapter 54-09 / Section 54-09-11
54-09-11. Fees
Status: in_force

54-09-11. Fees

1. The secretary of state shall establish fees for any programming charges specifically

incurred to provide information requested by persons which is related to the central

indexing system and for other services provided through the computerized system.

2. A fee may not be required for furnishing information on a verbal request pursuant to

subsection 3 of section 54-09-10, and the fee for furnishing a certificate under

subsection 3 of section 54-09-10 is fifteen dollars.

3. For preparing a listing or compilation of any information recorded or filed in the office of

the secretary of state, the secretary of state may charge a fee of forty dollars for each

record requested. The secretary of state shall provide the requested information in an

electronic format, unless the secretary of state agrees to a request to provide the

information in a different format. If the secretary of state provides the requested

information in a paper format, the secretary of state may charge an additional fee of

fifty cents per page.

4. Fees collected by the secretary of state under this section, under subsection 4 of

section 41-09-94, and subsection 5 of section 41-09-96, and twenty dollars from each

filing entered into the central indexing system must be deposited in the secretary of

state's general services operating fund. Fees collected by the secretary of state under

this section may be used for the programming and maintenance of information

technology systems administered by the secretary of state.
N.D. Cent. Code § 54-38-08 — ND Code / Title 54 / Chapter 54-38 / Section 54-38-08
54-38-08. Voluntary admission for treatment - Rules and regulations - Records confidential
Status: repealed

54-38-08. Voluntary admission for treatment - Rules and regulations - Records

confidential.

Repealed by S.L. 1971, ch. 508, § 7.
N.D. Cent. Code § 54-10-01 — ND Code / Title 54 / Chapter 54-10 / Section 54-10-01
54-10-01. Powers and duties of state auditor - Report (Retroactive application - See note)
Status: in_force

54-10-01. Powers and duties of state auditor - Report. (Retroactive application -

See note )

1. The state auditor shall:

a. Be vested with the duties, powers, and responsibilities involved in performing the

postaudit of all financial transactions of state government, detecting and reporting

any defaults, and determining that expenditures have been made in accordance

with law and appropriation acts.

b. Perform or provide for the audit of the general purpose financial statements and a

review of the material included in the annual comprehensive financial report of

the state in accordance with government auditing standards.

c. Except for the audit of the department of financial institutions as outlined in

section 54-10-31, perform or provide for audits of state agencies in accordance

with government auditing standards and legislative audit and fiscal review

committee guidelines developed under section 54-35-02.10. Except for the

annual audit of the North Dakota lottery required by section 53-12.1-03, the state

auditor shall audit each state agency once every two to four years. Audits may be

conducted at more frequent intervals if requested by the governor or the

legislative audit and fiscal review committee.

d. Except for the audit of the department of financial institutions as outlined in

section 54-10-31, perform or provide for performance audits of state agencies, or

the agencies' blended component units or discreetly presented component units,

as determined necessary by the legislative assembly, or the legislative audit and

fiscal review committee if the legislative assembly is not in session. When

determining the necessity of a performance audit, the legislative audit and fiscal

review committee shall consider:

(1) The potential cost-savings or efficiencies that may be gained as a result of

the performance audit;

(2) The staff resources of the state auditor's office and of the state agency

being audited which will be required to conduct the audit;

(3) The potential for discovery of noncompliance with state law or legislative

intent regarding the program or agency; and

(4) The potential for the performance audit to identify opportunities for program

improvements.

e. Report quarterly to the legislative audit and fiscal review committee regarding:

(1) Communication processes with audited entities and any changes to the

processes;

(2) Billing practices and procedures, including the use of cost estimates for

audits, an itemized invoicing methodology, and a defined change order

process for audits that exceed the original estimate;

(3) Information on audits completed, including:

(a) Name of the audited organization;

(b) Organization type;

(c) Audit type;

(d) Audit period;

(e) Estimated and actual hours and costs; and

(f) Total audit cost and the total cost as a percentage of the audited

organization's operating budget; and

(4) Audit schedules, including audits performed by private firms and audits

performed by the state auditor's office.

f. Report on the functions of the state auditor's office to the governor and the

secretary of state in accordance with section 54-06-04 or more often as

circumstances may require.

g. Perform work on mineral royalties for the federal government in accordance with

section 1735(a) of the Mineral Lands and Mining Act [30 U.S.C. 1735 et seq.].

h. Report to the legislative audit and fiscal review committee regarding final report

distribution policies and practices and any final audit reports released to the

public prior to distribution of the final audit report to all individuals charged with

the governance of the audit client.

i. Perform all other duties as prescribed by law.

2. The state auditor may:

a. Conduct any work required by the federal government and charge an amount

equal to the cost of the audit to be paid by the audited federal funds of the

appropriate government agency and deposited into the general fund.

b. Within the resources available to the state auditor, perform or provide for

performance audits of state agencies as determined necessary by the state

auditor.

c. Audit the International Peace Garden at the request of the board of directors of

the International Peace Garden.

d. Contract with a private certified public accountant or other qualified professional

to conduct or assist with an audit, review, or other work the state auditor is

authorized to perform or provide for under this section. Before entering any

contract, the state auditor shall present information to the legislative audit and

fiscal review committee on the need for the contract and its estimated cost and

duration. Except for performance audits conducted under subdivision d of

subsection 1 or subdivision b of this subsection and except for audits of

occupational or professional boards, the state auditor shall execute the contract

and any executive branch agency, including higher education institutions, shall

pay the fees of the contractor. For performance audits conducted under

subdivision d of subsection 1 or subdivision b of this subsection, the state auditor

may charge a state agency for the cost of a contract relating to an audit, subject

to approval by the legislative assembly or the legislative audit and fiscal review

committee if the legislative assembly is not in session. When considering a

request, the legislative audit and fiscal review committee shall consider the effect

of the audit cost on the agency being audited, the necessity of the contract, and

the potential benefit to the state resulting from the contract. The state auditor

shall notify the affected agency of the potential cost before requesting approval

from the legislative assembly or the legislative audit and fiscal review committee.

3. Notwithstanding subdivision c of subsection 1 and subdivision d of subsection 2, the

state auditor may not charge audit fees to an institution of higher education, agency, or

office under the control of the state board of higher education, including passthrough

grants, except for a proportional share of audit fees on federal programs or grants to

the extent those audited federal programs or grants provide for allowable cost

recovery. Institutions without an approved indirect cost recovery fund may not be

assessed audit fees on closed federal programs.
N.D. Cent. Code § 54-01-12 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-12
54-01-12. Exchange of lands on Indian reservation between state and federal government
Status: in_force

54-01-12. Exchange of lands on Indian reservation between state and federal

government.

The state of North Dakota, through its several departments and agencies, may exchange

tracts and sections of land on Indian reservations within the state, belonging to the state of

North Dakota, and not a part of the original grant of land to the state provided in the Enabling

Act, for lands of like character and value belonging to the United States government on Indian

reservations within this state. Such exchange is subject to the approval of the appropriate

department of the federal government and the lands must be appraised in the manner provided

by law. The state also may execute and deliver proper conveyances of such land in the manner

and form provided by law, without the necessity of complying with any statute requiring notice of

exchange or competitive bidding, and it may accept in return therefor a proper instrument of

conveyance to the state of the lands for which such state lands are exchanged.
N.D. Cent. Code § 54-17-02 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-02
54-17-02. Industrial commission - Members - Quorum - Meetings - Pledge of allegiance
Status: in_force

54-17-02. Industrial commission - Members - Quorum - Meetings - Pledge of

allegiance.

The industrial commission of North Dakota shall consist of the governor, the attorney

general, and the agriculture commissioner. The governor and one member constitute a quorum

for the transaction of business. The meetings of the commission must be held at such times and

places as the governor or a majority of the commission may determine. It must be provided by

the proper authorities with suitably furnished offices at the seat of government. At the beginning

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

opportunity to participate in a voluntary recitation of the pledge of allegiance.
N.D. Cent. Code § 54-07-05 — ND Code / Title 54 / Chapter 54-07 / Section 54-07-05
54-07-05. Highway safety assent
Status: in_force

54-07-05. Highway safety assent

The governor, in addition to other duties and responsibilities conferred upon the governor by

the constitution and laws of this state, is hereby empowered to contract and to do all other

things necessary in behalf of this state to secure the full benefits available to this state under the

Highway Safety Act of 1966 [Pub. L. 89-564; 80 Stat. 731; 23 U.S.C. 401 et seq.], and in so

doing, to require compliance by state agencies and political subdivisions; to cooperate with

federal and state agencies, agencies private and public, interested organizations, and with

individuals; to effectuate the purposes of that enactment and any and all subsequent

amendments thereto. The governor is the official of this state having ultimate responsibility for

dealing with the federal government with respect to programs and activities pursuant to the

Highway Safety Act of 1966 [Pub. L. 89-564; 80 Stat. 731; 23 U.S.C. 401 et seq.] and any

amendments thereto. To that end the governor shall coordinate the activities of any and all

departments and agencies of this state and its subdivisions, relating thereto.
N.D. Cent. Code § 54-21-13 — ND Code / Title 54 / Chapter 54-21 / Section 54-21-13
54-21-13. Child welfare - Mentally deficient persons - Powers and duties of director
Status: repealed

54-21-13. Child welfare - Mentally deficient persons - Powers and duties of director

Repealed by S.L. 1989, ch. 156, § 54.
N.D. Cent. Code § 54-44.4-12 — ND Code / Title 54 / Chapter 54-44.4 / Section 54-44.4-12
54-44.4-12. Resolution of protested solicitations and awards
Status: in_force

54-44.4-12. Resolution of protested solicitations and awards

1. An interested party may protest the award of a contract, the notice of intent to award a

contract, or a solicitation for commodities or services by the office of management and

budget or purchasing agency under this chapter. The protest must be submitted in

writing or electronic mail communication to the procurement officer responsible for the

contract or solicitation within seven calendar days after the protestor knows or should

have known of the facts giving rise to the protest.

2. If a contract has been awarded, the procurement officer immediately shall give notice

of a protest to the contractor. In the case of pending award, a stay of award may be

requested. A stay must be granted unless a written determination is made that the

award of the contract without delay is necessary to protect the interests of the state.

3. If the protest is resolved by mutual agreement, the procurement officer shall send

written notice to the protestor confirming the mutually agreed upon resolution. If the

protest is not resolved by mutual agreement, the procurement officer shall, within

seven calendar days, send to the protestor a written decision containing the basis for

the decision and inform the protestor of the protestor's right to appeal under

subsection 5 of this section. The procurement officer may extend the protest review

period by no more than seven calendar days and shall send written notice to the

protestor of the extension.

4. The procurement officer shall promptly provide the office of management and budget

with a copy of the protest and the procurement officer's decision.

5. The protestor may file an appeal of the decision rendered by the procurement officer in

writing within seven calendar days after the protestor receives the decision rendered

by the procurement officer. The appeal must include a copy of the decision being

appealed and the basis for the appeal. An appeal of a decision rendered by a

procurement officer of a state agency or an institution that is not under the jurisdiction

of the state board of higher education, must be filed with the office of management and

budget. An appeal of a decision rendered by a procurement officer of an institution

under the jurisdiction of the state board of higher education must be filed in

accordance with policy established under subsection 5 of section 15-10-17. Within

seven calendar days the deciding authority shall send written notice of the appeal

decision to the protestor. The deciding authority may extend the appeal review period

by no more than seven calendar days. Notice of any extension shall be provided in

writing to the protestor.

6. Written notices required in this section may be accomplished by certified mail,

commercial delivery service with delivery confirmation, or by a delivery confirmation to

the electronic mail address used by the protestor to submit the protest.
N.D. Cent. Code § 54-12-27 — ND Code / Title 54 / Chapter 54-12 / Section 54-12-27
54-12-27. Twenty-four seven sobriety program
Status: in_force

54-12-27. Twenty-four seven sobriety program

The attorney general may establish a statewide twenty-four seven sobriety program. The

sobriety program involves coordination among state, county, and municipal agencies to

implement procedures as alternatives to incarceration for offenders charged with, or convicted

of, driving under the influence of alcohol or controlled substances, domestic violence, abuse or

neglect of a child, or for other offenses in which alcohol or controlled substances are involved.
N.D. Cent. Code § 54-06-24.1 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-24.1
54-06-24.1. Telecommuting incentive program for state employees
Status: in_force

54-06-24.1. Telecommuting incentive program for state employees

Expired under S.L. 2001, ch. 474, § 2.
N.D. Cent. Code § 54-12-20 — ND Code / Title 54 / Chapter 54-12 / Section 54-12-20
54-12-20. Block house program
Status: repealed

54-12-20. Block house program

Repealed by S.L. 2007, ch. 75, § 4.
N.D. Cent. Code § 54-02-05 — ND Code / Title 54 / Chapter 54-02 / Section 54-02-05
54-02-05. State tree
Status: in_force

54-02-05. State tree

The American elm, ulmus americana, is the official tree of the state of North Dakota.
N.D. Cent. Code § 54-60-32 — ND Code / Title 54 / Chapter 54-60 / Section 54-60-32
54-60-32. Regional planning council grants - Purpose
Status: in_force

54-60-32. Regional planning council grants - Purpose

The department may award grants to regional planning councils under chapter 54-40.1 to

support local and regional implementation of state-authorized programs and initiatives, including

housing, regional workforce, rural catalyst, local food and grocery, and other state-authorized

programs, subject to legislative appropriations. The department may approve grants to support

program implementation, resource development, and efforts to attract and leverage public or

private investment in local and regional areas of the state.
N.D. Cent. Code § 54-62-03 — ND Code / Title 54 / Chapter 54-62 / Section 54-62-03
54-62-03. Advisory commission
Status: repealed

54-62-03. Advisory commission

Repealed by S.L. 2013, ch. 177, § 4.
N.D. Cent. Code § 54-18-19 — ND Code / Title 54 / Chapter 54-18 / Section 54-18-19
54-18-19. Transfer of North Dakota mill and elevator profits to general fund
Status: in_force

54-18-19. Transfer of North Dakota mill and elevator profits to general fund

The industrial commission shall transfer to the state general fund fifty percent of the annual

earnings and undivided profits of the North Dakota mill and elevator association after any

transfers to other state agricultural-related programs. The moneys must be transferred on an

annual basis in the amounts and at the times requested by the director of the office of

management and budget.
N.D. Cent. Code § 54-06-30 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-30
54-06-30. State employee performance bonus program - Criteria - Limitations
Status: in_force

54-06-30. State employee performance bonus program - Criteria - Limitations

State agencies may provide monetary performance bonuses to their employees under this

section.

1. State agencies may pay bonuses under this section if:

a. The agency has had a written employee performance evaluation policy in place

for more than one year before paying the bonus;

b. The written employee performance evaluation policy required in subdivision a

must have at least three levels of performance criteria; and

c. The agency performance bonus program adopted under this section must be a

written policy and must be communicated to each employee in the agency.

Development of the written policy must include input from employees.

2. State employees are eligible to receive a bonus under this section only if:

a. The employee has held a position in state government for at least one year

before a bonus is paid;

b. The employee's overall annual performance evaluation satisfies the agency's

performance bonus program criteria for receiving a bonus; and

c. The employee is a full-time or part-time regular nonprobationary employee

holding a regularly funded nontemporary position.

3. An employee may not receive more than one performance bonus per fiscal year and

may not receive more than one thousand five hundred dollars in bonuses per fiscal

year.

4. Each agency must fund the performance bonus program from within its agency budget

for salaries and wages.

5. Bonuses paid under this section may not be included in an employee's base salary for

purposes of calculating any wage or salary increase.

6. Bonuses paid under this section are not fiscal irregularities under section 54-14-03.1.
N.D. Cent. Code § 54-61-02.1 — ND Code / Title 54 / Chapter 54-61 / Section 54-61-02.1
54-61-02.1. Contract services
Status: in_force

54-61-02.1. Contract services

The commission on legal counsel for indigents shall contract for public defender services at

a minimum level of fifty percent of its biennial caseload.
N.D. Cent. Code § 54-03.2-06 — ND Code / Title 54 / Chapter 54-03.2 / Section 54-03.2-06
54-03.2-06. Membership, quorum, and voting
Status: in_force

54-03.2-06. Membership, quorum, and voting

An investigating committee shall consist of not less than five members. A quorum shall

consist of a majority of the total authorized membership of the committee. No action may be

taken by a committee at any meeting unless a quorum is present. The committee may act by a

majority vote of the members present and voting at a meeting at which there is a quorum,

unless the provisions of this code or any other statute require a greater number or proportion.
N.D. Cent. Code § 54-30-24.1 — ND Code / Title 54 / Chapter 54-30 / Section 54-30-24.1
54-30-24.1. Bonds as legal investments and security
Status: in_force

54-30-24.1. Bonds as legal investments and security

Notwithstanding any restrictions contained in any other law, the state and all public officers,

boards, and agencies, and political subdivisions and agencies thereof, all national banking

associations, state banks, trust companies, savings banks and institutions, savings and loan

associations, investment companies, and other persons carrying on a banking business, and all

executors, administrators, guardians, trustees, and other fiduciaries, may legally invest any

sinking funds, moneys, or other funds belonging to them or within their control in any bonds

issued pursuant to this chapter, and the bonds are authorized security for all public deposits.
N.D. Cent. Code § 54-44.3-01.2 — ND Code / Title 54 / Chapter 54-44.3 / Section 54-44.3-01.2
54-44.3-01.2. Compensation philosophy statement
Status: in_force

54-44.3-01.2. Compensation philosophy statement

The compensation program for classified state employees must be designed to recruit,

retain, and motivate a quality workforce for the purpose of providing efficient and effective

services to the citizens of North Dakota. For purposes of this section, "compensation" is defined

as base salary and related fringe benefits.

The compensation program must:

1. Provide a competitive employee compensation package based on job content

evaluation, internal equity, and external competitiveness balanced by the state's fiscal

conditions.

2. Be based on principles of fairness and equity.

3. Include a consistent compensation policy which allows for multiple pay structures to

address varying occupational specialties.

4. Set the external competitiveness target for salary range midpoints at a competitive

level of relevant labor markets. For purposes of this section, "relevant labor markets" is

defined as the labor markets from which the state attracts employees in similar

positions and the labor markets to which the state loses employees in similar

positions.

5. Include a process for providing compensation adjustments that considers a

combination of factors, including achievement of performance objectives or results,

competency determinations, recognition of changes in job content, and acquisition and

application of advanced skills or knowledge.

6. Provide funding for compensation adjustments based on the dollar amounts

determined necessary to provide competitive compensation in accordance with the

state's compensation philosophy. Funding for compensation adjustments may not be

provided as a statewide percentage increase attributable to all employees nor as part

of a statewide pool of funds designated for addressing equity issues.

7. Consider the needs of the state as an employer and the tax effect on North Dakota

citizens.

The office of management and budget shall develop and consistently administer the

compensation program for classified state employees and ensure that state agencies adhere to

the components of the state's compensation philosophy. The office of management and budget

shall regularly conduct compensation comparisons to ensure that the state's compensation

levels are competitive with relevant labor markets. Any salary information collected from private

businesses for the purpose of conducting compensation comparisons is exempt from public

disclosure. Records naming private businesses from which salary information is collected are

open.

The legislative assembly recognizes the importance of providing annual compensation

adjustments to employees based on performance and equity to maintain the market

competitiveness of the compensation system.
N.D. Cent. Code § 54-66-19 — ND Code / Title 54 / Chapter 54-66 / Section 54-66-19
54-66-19. Ethics commission annual report
Status: in_force

54-66-19. Ethics commission annual report

1. The ethics commission shall prepare an annual report each fiscal year. The ethics

commission shall make the annual report available on its public website within sixty

days of the end of each fiscal year.

2. The annual report must include:

a. The number of complaints received by the commission, the status of those

complaints, the commission's actions to resolve the complaints, and the timing

related to those actions;

b. The number of advisory opinions requested and issued, as well as information

regarding general conflict disclosures and quasi-judicial disclosures received; and

c. Information regarding education and outreach and the status of the commission's

budget.

3. The annual report may include recommendations for new or revised laws, rules, or

policies that could improve the confidence that North Dakota citizens have in their

government.
N.D. Cent. Code § 54-35-26 — ND Code / Title 54 / Chapter 54-35 / Section 54-35-26
54-35-26. Legislative interim committee review of economic development tax incentives
Status: in_force

54-35-26. Legislative interim committee review of economic development tax

incentives.

The legislative assembly enacts economic development tax incentives with the intent to

encourage businesses to locate, grow, and remain in the state; to enhance employment

opportunities for citizens; and to foster the most advantageous direction, diversity, and growth of

the state economy. The legislative assembly requires systematic, detailed analysis of enacted

economic development tax incentives to assure that incentives are, and will continue, serving

the intended purposes in a cost-effective and equitable manner consistent with the intent of the

legislative assembly. To serve this intent and requirement:

1. During each interim, the legislative management shall assign to a legislative

management interim committee study responsibility that includes completing the

analysis of economic development tax incentives as provided in this section and

reporting its findings and any associated recommended legislation to the legislative

management.

2. The legislative management interim committee assigned the study responsibility under

this section shall analyze each incentive, applying considerations relevant to the

perceived goals of the incentive, including any or all of the following:

a. The extent of achievement of the goals of the incentive and whether unintended

consequences have developed in its application.

b. Whether the design and application of the incentive can be improved.

c. The extent of complementary or duplicative effect of other incentives or

governmental programs.

d. Whether the incentive has a positive influence on business behavior or rewards

business behavior that is likely to have occurred without the incentive.

e. The effect of the incentive on the state economy, including the extent of primary

sector operation of the recipient and any competitive disadvantage imposed or

benefit conferred on other state businesses, any benefit or burden created for

local government, and the extent of the incentive's benefit that flows to

out-of-state concerns.

f. The employment opportunities generated by the incentive and the extent those

represent career opportunities.

g. Whether the incentive is the most effective use of state resources to achieve

desired goals.

h. If the committee's analysis of the incentive is constrained by lack of data, whether

statutory or administrative changes should be made to improve collection and

availability of data.

3. The legislative management interim committee assigned the study responsibility under

this section may examine economic development tax incentives, shall complete

analysis of the incentives it designates for analysis during the interim, and shall

approve a plan to provide that each of the economic development tax incentives listed

in this subsection is subject to a complete analysis within each six-year period. The

interim committee may include in its recommendations any amendments to this

section, including amendments to add or remove incentives from the list of incentives

subject to analysis under this subsection. Analysis must be completed for economic

development tax incentives, including each of the following:

a. Renaissance zone credits and exemptions.

b. Research expense credit.

c. Agricultural commodity processing facility investment credit.

d. Biodiesel fuel production facility construction or retrofit credit, biodiesel fuel

blending credit, and biodiesel fuel equipment credit.

e. Seed capital investment credit.

f. Internship program credit.

g. Angel fund investment credit.

h. Workforce recruitment credit.

i. Soybean or canola crushing facility construction or retrofit credit.

j. Twenty-first century manufacturing and animal agricultural workforce incentive.

k. New or expanding business exemption.

l. Manufacturing and recycling equipment sales tax exemption.

m. Coal severance and conversion tax exemptions.

n. Oil and gas gross production and oil extraction tax exemptions.

o. Fuel tax refunds for certain users.

p. New jobs credit from income tax withholding.

q. Development or renewal area incentives.

r. Sales and use tax exemption for materials used to construct a fertilizer or

chemical processing facility.

s. Sales and use tax exemption for materials used in compressing, gathering,

collecting, storing, transporting, or injecting carbon dioxide for use in enhanced

recovery of oil or natural gas.

t. Sales and use tax exemption for enterprise information technology equipment

and computer software used in a qualified data center.

u. Sales and use tax exemption for raw materials, single-use product contact

systems, and reagents used for biologic manufacturing.

v. Sales and use tax exemption for materials used to construct or expand a coal

processing facility that utilizes coal as a feedstock.

4. By October first of each odd-numbered year, the interim committee assigned the study

responsibility under this section shall determine and approve:

a. The economic development tax incentives under subsection 3 which will be

designated for analysis during that interim and a plan to provide for analysis of

the remaining economic development tax incentives under subsection 3 within

the six-year period.

b. The perceived goals of the legislative assembly in creating or altering each

incentive designated for analysis, for use as a baseline for committee analysis of

the incentive.

c. The data and testimony that will be required to conduct an effective analysis of

each incentive designated for analysis.

5. The department of commerce, tax commissioner, economic development foundation,

and any other state agency or instrumentality shall provide data and analysis as

requested by the interim committee conducting the analysis under this section.

a. If data is not available, the entity requested to provide the information shall advise

the committee how the data could be obtained and the estimated cost of

obtaining the data.

b. If data is available but cannot be shared with the committee, the entity requested

to provide the information shall explain the reason and whether there are options

that could be used to obtain the data or an adequate substitute for the data.

6. The interim committee conducting the analysis under this section shall report its

findings and recommendations together with any legislation required to implement

those recommendations to the legislative management.
N.D. Cent. Code § 54-59-07 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-07
54-59-07. State information technology advisory committee
Status: repealed

54-59-07. State information technology advisory committee

Repealed by S.L. 2023, ch. 481, § 4.
N.D. Cent. Code § 54-52-02.13 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-02.13
54-52-02.13. Participation by nonteaching employees of the office of the superintendent of public instruction
Status: in_force

54-52-02.13. Participation by nonteaching employees of the office of the

superintendent of public instruction.

Notwithstanding any other provision of law, between July 1, 2003, and five p.m. on

August 29, 2003, a nonteaching employee of the superintendent of public instruction, including

the superintendent of public instruction, who is otherwise eligible to participate in the public

employees retirement system may file an election with the staff of the retirement and investment

office to transfer from the teachers' fund for retirement to the public employees retirement

system. The teachers' fund for retirement shall certify the employees who are eligible to transfer.

An election to transfer is irrevocable for as long as the employee remains employed with the

superintendent of public instruction. The teachers' fund for retirement shall certify a transferring

employee's salary, service credit, contribution history, account balance, and any other

necessary information to the public employees retirement system. The amount to be transferred

is the greater of the actuarial present value of the employee's accrued benefit as of July 1,

2003, plus interest at the rate of seven and one-half percent from July 1, 2003, until the date the

amount is transferred to the public employees retirement system or the employee's account

balance as of the date of transfer. The public employees retirement system shall credit the

transferring employee with the service credit specified by the teachers' fund for retirement and

shall convert the annual salary history from the teachers' fund for retirement to a monthly salary

for the period. An employee becomes a member of the public employees retirement system as

of the date the funds are transferred. To be eligible to transfer, an employee must be employed

by the office of the superintendent of public instruction at the date of the transfer. The

superintendent of public instruction shall begin making retirement contributions, and the public

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

employees who have elected to transfer to the public employees retirement system to that

system the first of the month following the date of transfer.
N.D. Cent. Code § 54-66-07 — ND Code / Title 54 / Chapter 54-66 / Section 54-66-07
54-66-07. Informal resolution
Status: in_force

54-66-07. Informal resolution

The commission shall attempt to negotiate or mediate an informal resolution between the

respondent and the complainant unless the commission summarily dismissed the complaint

under section 54-66-05. The respondent may be accompanied by legal counsel in a negotiation

or mediation. If the informal resolution process between the respondent and the complainant is

unsuccessful, the commission may work with the respondent to settle and close the matter.
N.D. Cent. Code § 54-52.6-05 — ND Code / Title 54 / Chapter 54-52.6 / Section 54-52.6-05
54-52.6-05. Direction of investments
Status: in_force

54-52.6-05. Direction of investments

1. Each participating member shall direct the investment of the individual's accumulated

employer and employee contributions and earnings to one or more investment choices

within available categories of investment provided by the board.

2. The board shall provide an investment menu of investment options. In establishing the

investment options, the board shall:

a. Include predetermined investment portfolio options constructed to reflect different

risk profiles that automatically reallocate and rebalance contributions as a

participating member ages.

b. Allow a participating member to construct an investment portfolio using some or

all of the investment options.

3. The board shall provide a diversified menu of investment solutions and lifetime annuity

options that may include in-plan and out-of-plan options, either fixed, variable, or a

combination of both. In selecting an annuity provider the board shall comply with

section 54-52.6-05.1.
N.D. Cent. Code § 54-61-03 — ND Code / Title 54 / Chapter 54-61 / Section 54-61-03
54-61-03. Commission director - Responsibilities
Status: in_force

54-61-03. Commission director - Responsibilities

1. The commission shall appoint a director who must be chosen on the basis of training,

experience, and other qualifications considered appropriate. The director must be an

attorney licensed and eligible to practice law in this state at the time of appointment

and at all times during service as director. The director may be removed for cause by a

majority vote of commission members.

2. The director shall:

a. Assist the commission in developing standards for the delivery of adequate

indigent defense services;

b. Administer and coordinate delivery of indigent defense services and supervise

compliance with commission standards;

c. Recommend the establishment of public defender offices when considered

necessary and appropriate to the delivery of adequate indigent defense services;

d. Conduct regular training programs for contract counsel and public defenders;

e. Subject to policies and procedures established by the commission, hire the

professional, technical, and support personnel, including attorneys to serve as

public defenders, considered reasonably necessary for the efficient delivery of

indigent defense services;

f. Prepare and submit to the commission a proposed biennial budget for the

provision of indigent defense services; an annual report containing pertinent data

on the operation, needs, and costs of the indigent defense contract system and

any established public defender offices; and any other information as the

commission may require;

g. Submit the annual report required under subdivision f to the legislative council;

and

h. Perform other duties as the commission may assign.
N.D. Cent. Code § 54-52-06.1 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-06.1
54-52-06.1. Contribution by supreme and district court judges - Employer contribution
Status: in_force

54-52-06.1. Contribution by supreme and district court judges - Employer

contribution.

Each judge of the supreme or district court who is a member of the public employees

retirement system must be assessed and required to pay monthly five percent of the judge's

monthly salary. Member contributions increase by one percent of the judge's monthly salary

beginning with the monthly reporting period of January 2012, and with an additional increase of

one percent, beginning with the reporting period of January 2013, and with an additional

increase of one percent, beginning with the monthly reporting period of January 2014. The

assessment must be deducted and retained out of the judge's salary in equal monthly

installments. The state shall contribute an amount equal to fourteen and fifty-two

one-hundredths percent of the monthly salary of a supreme or district court judge who is a

participating member of the system, which matching contribution must be paid from its funds

appropriated for salary, or from any other funds available for such purposes. State contributions

increase by one percent of the monthly salary of a supreme or district court judge who is a

participating member of the system beginning with the monthly reporting period of

January 2012, and with an additional increase of one percent, beginning with the monthly

reporting period of January 2013, and with an additional increase of one percent, beginning with

the monthly reporting period of January 2014. If the judge's contribution is paid by the state

under subsection 3 of section 54-52-05, the state shall contribute, in addition, an amount equal

to the required judge's contribution.
N.D. Cent. Code § 54-40.2-04 — ND Code / Title 54 / Chapter 54-40.2 / Section 54-40.2-04
54-40.2-04. Approval of agreement by governor and tribes - Approval by legislative assembly for tax collection agreements
Status: in_force

54-40.2-04. Approval of agreement by governor and tribes - Approval by legislative

assembly for tax collection agreements.

As a condition precedent to an agreement made under this chapter becoming effective, it

must have the approval of the governor of North Dakota and the governing bodies of the tribes

involved. If the agreement is a tax collection agreement between the tax commissioner and one

or more tribes, the agreement also is subject to confirmation by a majority of members elected

to the house of representatives and the senate and does not become effective until its

legislative confirmation date or the effective date in the agreement, whichever is later. Each tax

collection agreement presented for legislative confirmation must contain an expiration date not

more than sixteen years after its effective date and the expiration date must be March thirty-first

of an odd-numbered year. If the agreement obtains the approvals under this section and, if

required, legislative confirmation under this section, it may be submitted to the secretary for

approval.
N.D. Cent. Code § 54-40-02.1 — ND Code / Title 54 / Chapter 54-40 / Section 54-40-02.1
54-40-02.1. Building management commission for county and city building - Lease authority
Status: in_force

54-40-02.1. Building management commission for county and city building - Lease

authority.

Any agreement entered into between a county and a city under this chapter for the

acquisition, construction, and maintenance of a building for their joint use by bonds issued

pursuant to section 54-40-03 must provide for a building management commission composed of

elected officials of the county, elected officials of the city, and representatives of the public, with

the exact number of each to be specified in the agreement. The agreement must specify the

powers to be exercised by the building management commission with respect to the acquisition,

construction, and maintenance of the building, and with respect to any lease entered into by the

commission and any noncounty and noncity governmental entity for use of a portion of the

building. Notwithstanding section 48-08-07, a lease of a portion of any building used jointly by a

county and a city pursuant to this section may be for a term longer than two years.
N.D. Cent. Code § 54-24.2-06 — ND Code / Title 54 / Chapter 54-24.2 / Section 54-24.2-06
54-24.2-06. Use of funds - Reporting
Status: in_force

54-24.2-06. Use of funds - Reporting

Funds appropriated under this chapter may be expended by public libraries for the purchase

of library materials, supplies and equipment, salaries of library staff, and services. No funds may

be used for land acquisition, construction, or investment.

Each public library receiving funds under the chapter shall submit to the state library an

annual report detailing the expenditures of these funds and all other funds expended by the

library within the calendar year. Such report is due within ninety days after the close of the

calendar year.
N.D. Cent. Code § 54-68-13 — ND Code / Title 54 / Chapter 54-68 / Section 54-68-13
54-68-13. Duties of witnesses - Penalty
Status: in_force

54-68-13. Duties of witnesses - Penalty

1. An individual is obliged to attend as a witness in any investigation or disciplinary

proceeding commenced under this chapter.

2. If an individual refuses to attend, testify, or produce any writings or things required by

subpoena, the office, review board, or investigation counsel that issued the subpoena

may petition the district court of the district in which the attendance or production is

required for an order compelling the individual to attend and testify or produce the

writings or things required by the subpoena. The court shall order the individual to

appear before the court at a specified time and place to show cause why the individual

has not attended, testified, or produced the writings or things as required. A copy of the

order must be served on the individual. If the court determines the subpoena was

regularly issued, the court shall order the individual to appear at the time and place

fixed in the order and testify or produce the required writings or things.

3. An individual who fails to obey an order under this section is guilty of a class A

misdemeanor.
N.D. Cent. Code § 54-46-01 — ND Code / Title 54 / Chapter 54-46 / Section 54-46-01
54-46-01. Short title
Status: in_force

54-46-01. Short title

This chapter must be known as the Records Management Act.
N.D. Cent. Code § 54-40.3-05 — ND Code / Title 54 / Chapter 54-40.3 / Section 54-40.3-05
54-40.3-05. Application of open records law
Status: in_force

54-40.3-05. Application of open records law

If a joint powers agreement is entered into between a political subdivision of this state and a

political subdivision of another state which creates a joint emergency services communications

system, the joint powers agreement must address which jurisdiction's open records law will

apply in the event a request is made for records that originated from the partner state but is in

the possession of the joint emergency services communications system located in North

Dakota. The agreement may provide that the emergency services records may be provided

pursuant to the open records law of the originating state. If the joint powers agreement does not

address this matter, it will be presumed that records will be provided pursuant to North Dakota

law.
N.D. Cent. Code § 54-16-08 — ND Code / Title 54 / Chapter 54-16 / Section 54-16-08
54-16-08. State contingencies appropriation
Status: repealed

54-16-08. State contingencies appropriation

Repealed by S.L. 2025, ch. 486, § 8.
N.D. Cent. Code § 54-59-20 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-20
54-59-20. Security background information
Status: in_force

54-59-20. Security background information

The chief information officer may require as a condition of employment or as a condition of

contracting with the department that individuals, including any individuals employed by the

contractor or a subcontractor to perform work under the contract, who have unescorted physical

access to the facilities or other security-sensitive areas of the department designated by the

chief information officer submit to a criminal history record check in accordance with section
N.D. Cent. Code § 54-34-06 — ND Code / Title 54 / Chapter 54-34 / Section 54-34-06
54-34-06. Duties of the director
Status: repealed

54-34-06. Duties of the director

Repealed by S.L. 1991, ch. 95, § 48.
N.D. Cent. Code § 54-01-02 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-02
54-01-02. When property escheats
Status: in_force

54-01-02. When property escheats

All property, real and personal, within the limits of this state, which does not belong to any

person or to the United States, belongs to the state. Whenever the title to any property fails for

want of heirs or next of kin, it reverts to the state.
N.D. Cent. Code § 54-06-05 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-05
54-06-05. Office of management and budget may condense report - Number of copies of report
Status: repealed

54-06-05. Office of management and budget may condense report - Number of copies

of report.

Repealed by S.L. 1995, ch. 350, § 56.
N.D. Cent. Code § 54-52.6-21 — ND Code / Title 54 / Chapter 54-52.6 / Section 54-52.6-21
54-52.6-21. Internal Revenue Code compliance
Status: in_force

54-52.6-21. Internal Revenue Code compliance

The board shall administer the plan in compliance with the following sections of the Internal

Revenue Code, as amended, as they apply to governmental plans:

1. Section 415, including the defined contribution limitations under section 415(c)(1)(A)

and (B) of the Internal Revenue Code and the Treasury Regulations thereunder, which

are incorporated herein by reference.

a. In accordance with the defined contribution limitations under section 415(c) of the

Internal Revenue Code, annual additions (as defined in section 415(c)(2) of the

Internal Revenue Code) under this plan may not exceed the limitations set forth in

section 415(c)(1)(A) and (B), as adjusted under section 415(d) of the Internal

Revenue Code, effective January first of each year following a regular legislative

session.

b. If a participating member's aggregate annual additions exceed the defined

contribution limitations under section 415(c) of the Internal Revenue Code, the

member's annual additions must be reduced to the extent necessary to comply

with section 415(c) of the Internal Revenue Code and the Treasury Regulations

thereunder.

2. The minimum distribution rules under section 401(a)(9) of the Internal Revenue Code

and the regulations issued under that provision to the extent applicable to

governmental plans. Accordingly, benefits must be distributed or begin to be distributed

no later than a member's required beginning date, and the required minimum

distribution rules override any inconsistent provision of this chapter. For a member who

attains age seventy and one-half before January 1, 2020, the member's required

beginning date is April first of the calendar year following the later of the calendar year

in which the member attains age seventy and one-half or terminates employment. For

a member who attains age seventy and one-half after December 31, 2019, the

member's required beginning date is April first of the calendar year following the later

of the calendar year in which the member attains age seventy-two or terminates

employment.

3. The annual compensation limitation under section 401(a)(17) of the Internal Revenue

Code, as adjusted for cost-of-living increases under section 401(a)(17)(B).

4. The rollover rules under section 401(a)(31) of the Internal Revenue Code. Accordingly,

a distributee may elect to have an eligible rollover distribution, as defined in section

402(c)(4) of the Internal Revenue Code, paid in a direct rollover to an eligible

retirement plan, as defined in section 402(c)(8)(B) of the Internal Revenue Code,

specified by the distributee.

5. If the plan of retirement benefits set forth in this chapter is terminated or discontinued,

the rights of all affected participating members to accrued retirement benefits under

this chapter as of the date of termination or discontinuance is nonforfeitable, to the

extent then funded.
N.D. Cent. Code § 54-36-06 — ND Code / Title 54 / Chapter 54-36 / Section 54-36-06
54-36-06. Report and recommendations
Status: in_force

54-36-06. Report and recommendations

The Indian affairs commission may submit its recommendations to the legislative assembly

in the form of proposed legislation or resolutions and may submit a report to the governor and

the secretary of state in accordance with section 54-06-04.
N.D. Cent. Code § 54-17.6-02 — ND Code / Title 54 / Chapter 54-17.6 / Section 54-17.6-02
54-17.6-02. Oil and gas research council purposes
Status: in_force

54-17.6-02. Oil and gas research council purposes

There is created the oil and gas research council. The purpose of the council is to

coordinate a program designed to demonstrate to the general public the importance of the state

oil and gas exploration and production industry, to encourage and promote the wise and efficient

use of energy, to promote environmentally sound exploration and production methods and

technologies, to develop the state's oil and gas resources, to support research and educational

activities concerning the oil and natural gas exploration and production industry, and to promote

innovation in safety, enhancement of environment, and increase in education concerning the

distribution of petroleum products.
N.D. Cent. Code § 54-66-01 — ND Code / Title 54 / Chapter 54-66 / Section 54-66-01
54-66-01. Definitions
Status: in_force

54-66-01. Definitions

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

1. "Complainant" means an individual who, in writing or verbally, submits a complaint to

the commission and is:

a. A North Dakota resident;

b. Subject to licensing by a state agency or other public official subject to the

jurisdiction of the ethics commission; or

c. A party to a quasi-judicial proceeding before a state agency or other public official

subject to the jurisdiction of the ethics commission.

2. "Complaint" means a verbal or written allegation to the commission that a lobbyist,

public official, candidate for public office, political committee, or contributor has

violated article XIV of the Constitution of North Dakota, this chapter, or another law or

rule regarding transparency, corruption, elections, or lobbying.

3. "Ethics commission" or "commission" means the North Dakota ethics commission

established by article XIV of the Constitution of North Dakota.

4. "Gift" means any item, service, or thing of value not given in exchange for fair market

consideration including travel and recreation, except:

a. Purely informational material;

b. A campaign contribution; and

c. An item, service, or thing of value given under conditions that do not raise ethical

concerns, as set forth in rules adopted by the ethics commission, to advance

opportunities for state residents to meet with public officials in educational and

social settings in the state.

5. "Influence state government action" means promoting or opposing the adoption of a

rule by an administrative agency or the commission under chapter 28-32.

6. "Lobby" means an activity listed in subsection 1 of section 54-05.1-02.

7. "Lobbyist" means an individual required to register under section 54-05.1-03.

8. "Public official" means an elected or appointed official of the state's executive or

legislative branch, members of the commission, members of the governor's cabinet,

and employees of the legislative branch.

9. "Receives the complaint" means one or more members of the commission learn of the

complaint.

10. "Respondent" means a lobbyist, public official, candidate for public office, political

committee, or contributor who is alleged to have violated article XIV of the Constitution

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

corruption, elections, or lobbying.

11. "Ultimate and true source" means the person that knowingly contributed over

two hundred dollars solely to lobby or influence state government action.
N.D. Cent. Code § 54-17-07 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-07
54-17-07. Industries under the industrial commission - Income on deposits and investments
Status: in_force

54-17-07. Industries under the industrial commission - Income on deposits and

investments.

The industrial commission shall operate, manage, control, and govern all utilities, industries,

enterprises, and business projects established, owned, undertaken, administered, or operated

by the state of North Dakota, except those carried on in penal, charitable, or educational

institutions or those conducted pursuant to chapter 65-08.1. All income earned on state moneys

that are deposited or invested to the credit of the industrial commission or any agency, utility,

industry, enterprise, or business project operated, managed, controlled, or governed by the

industrial commission must be added to and become a part of such moneys.
N.D. Cent. Code § 54-52.1-04.9 — ND Code / Title 54 / Chapter 54-52.1 / Section 54-52.1-04.9
54-52.1-04.9. Uniform group insurance program - Employee assistance program
Status: in_force

54-52.1-04.9. Uniform group insurance program - Employee assistance program

The board shall establish an employee assistance program available to persons in the

medical and hospital benefits coverage group. The premium for this coverage must be paid as

provided by section 54-52.1-06. The board shall receive bids for this program under section
N.D. Cent. Code § 54-52-14.2 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-14.2
54-52-14.2. Interest and earnings attributable to administered funds
Status: in_force

54-52-14.2. Interest and earnings attributable to administered funds

All interest and earnings on funds administered by the retirement board established under

chapters 39-03.1, 54-52, 54-52.1, 54-52.2, and 54-52.3 must be credited to the respective fund.
N.D. Cent. Code § 54-44.3-31 — ND Code / Title 54 / Chapter 54-44.3 / Section 54-44.3-31
54-44.3-31. Political subdivision may request to be exempted from state merit system
Status: in_force

54-44.3-31. Political subdivision may request to be exempted from state merit system

A political subdivision subject to the merit system under this chapter may file a request with

the division and the commissioner of the department of health and human services or

commissioner's designee to be exempted from the merit system. The request must describe a

plan and policy that assures the political subdivision has developed a merit system plan that

meets federal standards for personnel administration. The division and the commissioner of the

department of health and human services or commissioner's designee shall authorize the

political subdivision plan within sixty days of receiving a request under this section if the plan

and policies meet federal requirements. If the division and the commissioner of the department

of health and human services or commissioner's designee determine that the proposed plan

and policies fail to meet the federal requirements, the division and the commissioner or

designee shall deny the request and notify the requester of the specific reasons for the denial.
N.D. Cent. Code § 54-03-27 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-27
54-03-27. Service in the legislative assembly - Leave of absence from employment
Status: in_force

54-03-27. Service in the legislative assembly - Leave of absence from employment

The executive officer in charge of a state agency, department, or institution or the governing

body of any political subdivision or any other employer in this state may grant a leave of

absence from employment to a full-time employee of that governmental entity or of that

employer who is a member of the legislative assembly for service during any regular or special

session of the legislative assembly and for attendance at a meeting of the legislative

management or any of its committees. The leave of absence may be without pay, and the

employer may reduce or eliminate the payment of any additional benefits normally due the

employee while the employee is performing legislative service. If the leave of absence is

granted, the employer may not terminate the employment of an employee solely due to the fact

that the employee is absent from employment as the result of service in the legislative

assembly.
N.D. Cent. Code § 54-02-16 — ND Code / Title 54 / Chapter 54-02 / Section 54-02-16
54-02-16. State dance
Status: in_force

54-02-16. State dance

The square dance, in consideration of its contribution to the art and culture of North Dakota,

is designated the official American folk dance of North Dakota.
N.D. Cent. Code § 54-06-22 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-22
54-06-22. Crime victims' account - Administration
Status: in_force

54-06-22. Crime victims' account - Administration

The agency designated by the governor to administer the victims' assistance grants under

the federal Victims of Crime Act of 1984 [42 U.S.C. 10601 et seq.] shall administer a crime

victims' account in the state treasury. The moneys in the account must be distributed through

grants to the crime victims' compensation program; private, nonprofit domestic violence or

sexual assault programs; and to victim and witness advocacy programs whose primary function

is to provide direct services to victims of and witnesses to crimes. The administering agency

shall establish procedures for the distribution of grants.
N.D. Cent. Code § 54-21.3-02 — ND Code / Title 54 / Chapter 54-21.3 / Section 54-21.3-02
54-21.3-02. Definitions
Status: in_force

54-21.3-02. Definitions

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

1. "Agricultural purposes" includes purposes related to agriculture, farming, ranching,

dairying, pasturage, horticulture, floriculture, viticulture, and animal and poultry

husbandry.

2. "Building" means a combination of any materials fixed to form a structure and the

related facilities for the use or occupancy by persons, or property. The word "building"

shall be construed as though followed by the words "or part or parts thereof".

3. "City" means any city organized under the laws of this state.

4. "Code enforcement agency" means an agency of the state or local government with

authority to inspect buildings and enforce the law, ordinances, and regulations which

establish standards and requirements applicable to the construction, installation,

alteration, repair, or relocation of buildings.

5. "Construction" means the construction, erection, reconstruction, alteration, conversion,

or repair of buildings.

6. "Jurisdictional area" means the area within which a city or township has zoning

jurisdiction.

7. "State building code" means the state building code provided for in this chapter.

8. "Temporary work camp housing" includes a modular residential structure used to

house workers on a temporary basis for a maximum period of five years.
N.D. Cent. Code § 54-60-25 — ND Code / Title 54 / Chapter 54-60 / Section 54-60-25
54-60-25. North Dakota rural development council - Composition
Status: repealed

54-60-25. North Dakota rural development council - Composition

Repealed by S.L. 2025, ch. 479, § 39.
N.D. Cent. Code § 54-12-08.1 — ND Code / Title 54 / Chapter 54-12 / Section 54-12-08.1
54-12-08.1. Contingent fee arrangements
Status: in_force

54-12-08.1. Contingent fee arrangements

The attorney general may not appoint or allow to be employed a special assistant attorney

general in a civil case in which the amount in controversy exceeds one million dollars and the

special assistant attorney general is compensated by a contingent fee arrangement, unless the

contingent fee arrangement is approved by the emergency commission. A state governmental

entity may not contract for legal services that are compensated by a contingent fee

arrangement, unless the entity receives an appointment from the attorney general for a special

assistant attorney general for each case in which there is a contingent fee arrangement. Any

proceeding or information used by the emergency commission under this section is not subject

to sections 44-04-18 and 44-04-19, unless made public by order of the emergency commission.
N.D. Cent. Code § 54-34.3-03 — ND Code / Title 54 / Chapter 54-34.3 / Section 54-34.3-03
54-34.3-03. Division structure
Status: in_force

54-34.3-03. Division structure

The division consists of:

1. Offices established by statute; and

2. Offices the director organizes and establishes as necessary to carry out most

efficiently and effectively the mission and duties of the division.
N.D. Cent. Code § 54-24.4-03 — ND Code / Title 54 / Chapter 54-24.4 / Section 54-24.4-03
54-24.4-03. North Dakota library coordinating council - Meetings
Status: in_force

54-24.4-03. North Dakota library coordinating council - Meetings

The North Dakota library coordinating council shall hold at least one meeting each calendar

year for the purpose of awarding grants or contracts. The council shall give notice to the press

and the public of any council meeting at least thirty days in advance of the meeting. Awarding of

any grant or contract requires approval by two-thirds of the members of the council.
N.D. Cent. Code § 54-59-32 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-32
54-59-32. Major information technology projects - Oversight
Status: in_force

54-59-32. Major information technology projects - Oversight

1. An executive branch state agency, excluding institutions under the control of the state

board of higher education, proposing to conduct a major information technology

project, the department, and the office of management and budget, in consultation with

the attorney general, shall collaborate on the procurement, contract negotiation, and

contract administration of the project. The agency, the department, and the office of

management and budget, in consultation with the attorney general, shall approve the

solicitation, contract, or agreement, and any amendments relating to the project before

submission to the oversight committee as provided in subsection 3.

2. The procurement officer and primary project manager for a major information

technology project must meet the qualifications established by the department and the

office of management and budget.

3. An oversight committee must be appointed to oversee a major information technology

project. The chief information officer shall appoint a chairman of the committee. The

oversight committee may include the director of the office of management and budget

or a designee of the director, the chief information officer or a designee of the officer,

the head of the agency contracting for the project or a designee, the project sponsor,

and a large project oversight analyst designated by the chief information officer. The

oversight committee shall monitor the overall status of the project and make

recommendations to the head of the agency contracting for the project or a designee,

and the project sponsor, regarding project decisions, negotiation and execution of

contracts, approval of project budgets, implementation of project schedules,

assessment of project quality, and consideration of scope changes.

4. An agreement or contract, including an amendment, revision, or scope change, for a

major information technology project may not be entered unless signed by the head of

the contracting agency or a designee and the chief information officer or a designee of

the officer.
N.D. Cent. Code § 54-03-09 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-09
54-03-09. Oath of officers
Status: in_force

54-03-09. Oath of officers

The officers of each house of the legislative assembly must be required to take and

subscribe the oath prescribed in section 4 of article XI of the Constitution of North Dakota.
N.D. Cent. Code § 54-52.1-08 — ND Code / Title 54 / Chapter 54-52.1 / Section 54-52.1-08
54-52.1-08. Administration - Board to promulgate rules and regulations
Status: in_force

54-52.1-08. Administration - Board to promulgate rules and regulations

It is the responsibility of the board to account for and disburse premium payments, maintain

records, prepare reports, and to perform such other functions as may be necessary to carry out

the provisions of this chapter. The board may promulgate such rules and regulations as may be

necessary to carry out the provisions of this chapter.
N.D. Cent. Code § 54-02-01 — ND Code / Title 54 / Chapter 54-02 / Section 54-02-01
54-02-01. Great seal - Permitted uses - Penalty for commercial use
Status: in_force

54-02-01. Great seal - Permitted uses - Penalty for commercial use

1. The great seal of the state is that prescribed in section 2 of article XI of the

Constitution of North Dakota. A description in writing of such seal must be deposited

and recorded in the office of the secretary of state and must remain a public record. A

reproduction of the great seal may be placed on any official form, document, or

stationery of any agency, authority, board, body, branch, bureau, commission,

committee, council, department, division, industry, institution, or instrumentality of the

state or of any elected or appointed official of the state. A reproduction of the great

seal may be placed on business calling cards produced for the use of an elected or

appointed state official or state employee regardless of whether the cards are

purchased by the official or employee or by the state. Any use of the great seal on any

other object or thing by any of the foregoing state entities or officials is prohibited

unless approved by the secretary of state; provided, however, that the state historical

society and the parks and recreation department may, with the concurrence of the

secretary of state, reproduce the great seal on any objects they offer for sale as

souvenirs.

2. It is a class B misdemeanor for any person to:

a. Place or cause to be placed the great seal, or any reproduction of the great seal,

on any political badge, button, insignia, pamphlet, folder, display card, sign,

poster, billboard, or on any other public advertisement, or to otherwise use the

great seal for any political purpose, as defined in section 16.1-10-02.

b. Place or cause to be placed on the great seal, or any reproduction thereof, any

advertisement.

c. Expose the great seal, or any reproduction thereof, to public view with any

advertisement attached thereto.

d. Utilize the great seal, or a copy or reproduction thereof, for any commercial

purpose or except as provided in subsection 1, to utilize or place a copy or

reproduction of the great seal on any stationery or business calling card of any

person.

As used in this subsection, "advertisement" means any printed matter, device, picture,

or symbol, no matter how presented to the senses, which informs the public that a

good or service is available; and "commercial purpose" means with intent to produce a

pecuniary gain through sale of a good or service. Notwithstanding any other provision

of law, the secretary of state may grant a written request by a private vendor to

reproduce official state forms and documents, containing a reproduction of the great

seal, for resale to persons intending to submit the forms or documents to any state

entity in the regular course of business. The secretary of state may also grant a written

request by a publisher, educational institution, or author to reproduce the great seal in

any research, reference, or educational publication containing a compilation of the

great seals of other states.
N.D. Cent. Code § 54-06-38 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-38
54-06-38. Harassment policies
Status: in_force

54-06-38. Harassment policies

Each state agency, department, and institution shall adopt and enforce a policy on

employee harassment, including sexual harassment. The policy must clearly define harassment

and specify the responsibilities of the employee, supervisor, and the agency, department, or

institution. If an agency, department, or institution does not adopt a harassment policy, the

agency, department, or institution must be subject to the policy adopted by the North Dakota

human resource management services division.
N.D. Cent. Code § 54-06-02 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-02
54-06-02. State officers reside at capital
Status: repealed

54-06-02. State officers reside at capital

Repealed by S.L. 1993, ch. 506, § 1.
N.D. Cent. Code § 54-09-04.1 — ND Code / Title 54 / Chapter 54-09 / Section 54-09-04.1
54-09-04.1. Exception from fees
Status: in_force

54-09-04.1. Exception from fees

A member of the legislative assembly or a state or county office may not be charged by the

secretary of state for any search relative to matters appertaining to duties of office, any fee for a

certified copy of any law or resolution passed by the legislative assembly relative to the

individual's official duties, or for filing any process, notice, or demand for service relative to the

individual's official duties.
N.D. Cent. Code § 54-27-22 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-22
54-27-22. Revolving fund for prepayment of consulting and planning fees for capital improvements
Status: in_force

54-27-22. Revolving fund for prepayment of consulting and planning fees for capital

improvements.

Funds must be made available to all state agencies, institutions, and departments from a

preliminary planning revolving fund in the state treasury under the control of the director of the

office of management and budget for studies, planning, architectural programming, schematic

designs, and cost estimates relating to proposed new capital improvements and major

remodeling of existing facilities. State agencies, institutions, and departments interested in

obtaining planning moneys shall submit a written request detailing the scope and purpose of

such project to the director of the office of management and budget. The director shall file such

request with, and shall present the director's recommendations regarding the proposed project

and necessary planning moneys to the legislative assembly or the budget section if the

legislative assembly is not in session. Funds may be advanced only if an authorization has first

been received from the legislative assembly or the budget section. Any request considered by

the budget section must comply with section 54-35-02.9. Such funds advanced must be repaid

to the preliminary planning revolving fund as moneys become available through legislative

appropriation or other sources for the commencement of the project.
N.D. Cent. Code § 54-52-15 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-15
54-52-15. Accounting requirements
Status: repealed

54-52-15. Accounting requirements

Repealed by S.L. 1969, ch. 458, § 1.
N.D. Cent. Code § 54-52.4-06 — ND Code / Title 54 / Chapter 54-52.4 / Section 54-52.4-06
54-52.4-06. Continued health coverage
Status: in_force

54-52.4-06. Continued health coverage

During a period that an employee takes family leave, the employer shall continue to make

any group health insurance coverage or health care plan for its employees and their dependents

available to the employee and the employee's dependents under the conditions that applied

immediately before the family leave began. The employer is not required to pay any cost of

insurance or health care for that employee and the employee's dependents while the employee

is on family leave.
N.D. Cent. Code § 54-23.3-05 — ND Code / Title 54 / Chapter 54-23.3 / Section 54-23.3-05
54-23.3-05. Appointment and removal of officers
Status: in_force

54-23.3-05. Appointment and removal of officers

The director of the department of corrections and rehabilitation with the approval of the

governor may appoint a director of the division of juvenile services, a director of the division of

adult services, and other division directors and personnel as deemed necessary for the effective

and efficient operation of the department. The director of the division of juvenile services, the

director of the division of adult services, and other division directors who may be appointed shall

meet qualifications as established for the classified service. All other officers and employees of

each division must be appointed and removed by the director of the department of corrections

and rehabilitation. All officers and employees of the department of corrections and rehabilitation

are subject to the provisions of the state personnel policies.
N.D. Cent. Code § 54-40.2-03.2 — ND Code / Title 54 / Chapter 54-40.2 / Section 54-40.2-03.2
54-40.2-03.2. Public hearing - Notice
Status: in_force

54-40.2-03.2. Public hearing - Notice

1. If the public agency receives a request pursuant to section 54-40.2-03.1, the public

agency shall hold a public hearing prior to the submission of the agreement to the

governor at which any persons interested in the agreement may be heard. Notice of

the time, place, and purpose of the hearing must be published prior to the hearing in

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

by the agreement. The notice of the public hearing must also be published in any

newspaper of general circulation published 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 describe the nature, scope, and purpose

of the agreement and must state the times and places at which the agreement will be

available to the public for inspection and copying.

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 § 54-52.1-04.16 — ND Code / Title 54 / Chapter 54-52.1 / Section 54-52.1-04.16
54-52.1-04.16. Prescription drug coverage - Performance audits
Status: in_force

54-52.1-04.16. Prescription drug coverage - Performance audits

1. Except for Medicare part D, prescription drug coverage, the board may not enter or

renew a contract for prescription drug coverage unless the contract authorizes the

board during the term of the contract to conduct a performance audit of the

prescription drug coverage and any related pharmacy benefits management services.

The contract must provide:

a. The board must have full access to data regarding:

(1) The total dollars paid to the pharmacy benefits manager by the carrier and

the board;

(2) The total amount of dollars paid to the pharmacy benefits manager by the

carrier which were not subsequently paid to a licensed pharmacy in the

state; and

(3) Payments made to all pharmacy providers.

b. The board must have full access to data regarding the average reimbursement,

by drug ingredient cost, dispensing fee, and any other fee paid by a pharmacy

benefits manager to licensed pharmacies with which the pharmacy benefits

manager shares common ownership or control or is affiliated.

c. The board must have full access to data regarding the average reimbursement,

by drug ingredient cost, dispensing fee, and any other fee paid by a pharmacy

benefits manager to pharmacies licensed in the state.

d. The board must have full access to data regarding any direct and indirect fees,

charges, or recoupment, or any kind of assessments imposed by the pharmacy

benefits manager on pharmacies licensed with which the pharmacy benefits

manager shares common ownership or control or is affiliated.

e. The board must have full access to data regarding any direct and indirect fees,

charges, or recoupment, or any kind of assessments imposed by the pharmacy

benefits manager, on pharmacies licensed in the state.

f. The contract must provide that all drug rebates, financial incentives, fees, and

discounts must be disclosed to the board.

2. The board shall use an independent auditor who has no conflict of interest with the

carrier, pharmacy benefits manager, or board. The board's auditor, the insurance

department, and the employee benefits programs committee may access any

information the board may access under this section. All information accessed by the

board, board's auditor, insurance department, or employee benefits programs

committee which is trade secret is a confidential record. This subsection does not limit

the information required to be disclosed to the board under subsection 1.

3. Except for Medicare part D, if the board contracts directly with a pharmacy benefits

manager or provides prescription drug coverage through a self-insurance plan, the

contract must provide the pharmacy benefits manager shall disclose to the board and

the board's auditor all rebates and any other fees that provide the pharmacy benefits

manager with sources of income under the contract, including under related contracts

the pharmacy benefits manager has with third parties, such as drug manufacturers.

4. Anything the board has access to under this section, the insurance department and

employee benefits programs committee has access to.
N.D. Cent. Code § 54-52.1-05.1 — ND Code / Title 54 / Chapter 54-52.1 / Section 54-52.1-05.1
54-52.1-05.1. Health insurance benefits coverage - Insured and provider data disclosure
Status: in_force

54-52.1-05.1. Health insurance benefits coverage - Insured and provider data

disclosure.

Except as necessary for treatment, payment, or health care operations, a carrier providing

health insurance benefits coverage under this chapter may not disclose identifiable or

unidentifiable insured or provider data or information to a related or unrelated health care

delivery entity. The board may establish exceptions to the disclosure limitations under this

section for the limited purpose of addressing public interest and benefit activities; for the limited

purpose of addressing research, public health, or health care operations; or for the solicitation of

bids pursuant to section 54-52.1-04. An exception established by the board under this section

may not be more permissive than allowed under state and federal privacy laws.
N.D. Cent. Code § 54-59.1-01 — ND Code / Title 54 / Chapter 54-59.1 / Section 54-59.1-01
54-59.1-01. Definitions
Status: in_force

54-59.1-01. Definitions

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

1. "Breach" means unauthorized access or acquisition of computerized data that has not

been secured by encryption or other methods or technology that renders electronic

files, media, or databases unreadable or unusable. Good-faith acquisitions of personal

information by an employee or agent of the employee is not a breach of security of the

system if the personal information is not used or subject to further unauthorized

disclosure.

2. "Criminal justice information" means private or sensitive information collected by

federal, state, or local law enforcement including the following:

a. Fingerprints or other biometric information;

b. Criminal background and investigation information; and

c. Personal information.

3. "Denial of service attack" means an attack against a computer system designed to

make the system inaccessible to users.

4. "Department" means the information technology department.

5. "Entity" means an executive branch state agency or a political subdivision within the

state.

6. "Financial information" means banking, credit, or other account information that, if

accessed without being authorized, may result in potential harm to an individual and

includes:

a. Account numbers or codes;

b. Credit card expiration dates;

c. Credit card security codes;

d. Bank account statements; and

e. Records of financial transactions.

7. "Health insurance information" means an individual's health insurance policy number

or subscriber identification number and any unique identifier used by a health insurer

to identify an individual.

8. "Identity theft or identity fraud" means all types of crime in which an individual

wrongfully obtains and uses another individual's personal data in a way that involves

fraud or deception, most commonly for economic gain.

9. "Malware" means software or firmware intended to perform an unauthorized process

that will have adverse effect on the confidentiality, integrity, or availability of an

information system and includes a virus, worm, trojan horse, spyware, adware, or

other code-based system that infects hosts.

10. "Medical information" means an individual's medical history, mental or physical

condition, or medical treatment or diagnosis by a health care professional.

11. "Personal information" means an individual's first name or first initial and last name in

combination with the following when names and data are not encrypted, but does not

include information available to the public from federal, state, or local government

records:

a. The individual's social security number;

b. The operator's license number assigned to an individual under section 39-06-14;

c. A nondriver photo identification card number assigned to the individual under

section 39-06-03.1;

d. The individual's financial institution account number, credit card number, or debit

card number in combination with required security codes, access codes, or

passwords that permit access to an individual's financial accounts;

e. The individual's date of birth;

f. The maiden name of the individual's mother;

g. Medical information;

h. Health insurance information;

i. An identification number assigned to the individual by the individual's employer in

combination with security codes, access codes, or passwords; or

j. The individual's digitized or other electronic signature.

12. "Ransom" means a payment for services or goods to a malicious agent to:

a. Decrypt data on a computer system;

b. Retrieve lost or stolen data; or

c. Prevent the disclosure and dissemination of information.

13. "Regulated information" means information and information technology resource

protection requirements established by the federal government and regulating

organizations.

14. "Regulating organizations" means organizations that issue laws, regulations, policies,

guidelines, and standards, including the:

a. Federal bureau of investigation;

b. Internal revenue service;

c. Social security administration;

d. Federal deposit insurance corporation;

e. United States department of health and human services;

f. Centers for Medicare and Medicaid services; and

g. Payment card industry security standards council.

15. "Significant damage" means:

a. A degradation in or loss of mission capability to an extent and duration that the

entity is not able to perform one or more of its primary functions;

b. Damages of ten thousand dollars or more to entity assets as estimated by the

entity;

c. A financial loss of ten thousand dollars or more as estimated by the entity; or

d. Harm to individuals involving loss of life or serious life-threatening injuries.
N.D. Cent. Code § 54-34-10 — ND Code / Title 54 / Chapter 54-34 / Section 54-34-10
54-34-10. International marketing efforts of state agencies - Legislative intent
Status: repealed

54-34-10. International marketing efforts of state agencies - Legislative intent

Repealed by S.L. 1981, ch. 528, § 22.
N.D. Cent. Code § 54-51-11 — ND Code / Title 54 / Chapter 54-51 / Section 54-51-11
54-51-11. Reports of participating agencies
Status: in_force

54-51-11. Reports of participating agencies

Each department, agency, or instrumentality of the state which participates in the

interchange of employees as provided in this chapter shall annually report the details of the

travel expenses of each employee and same must be reported to the office of management and

budget.
N.D. Cent. Code § 54-59-14 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-14
54-59-14. Information technology operating fund - Continuing appropriation - Report
Status: in_force

54-59-14. Information technology operating fund - Continuing appropriation - Report

1. The department shall establish a state information technology operating fund in the

state treasury to be used for procuring and maintaining information technology and

network services and for providing information technology and network services to

state entities and network services to users of the state network.

2. Unless exempted by law, each agency or institution provided with information

technology or network services shall pay to the department the charges for services

provided as determined by the department. The department shall deposit the amounts

received in the information technology operating fund, which are appropriated to the

department on a continuing basis for purposes provided under this section, except the

department may not use continuing appropriation authority to pay salaries and wages-

related expenses.

3. The department shall compile a report regarding the status of the information

technology operating fund to be provided at each meeting of the budget section. The

report must include information regarding expenditures paid from the fund for

department administration, operations, and information technology projects by specific

object code, the amount and category of services provided to state agencies and

institutions and users of the state network from moneys in the fund, and the balance

remaining in the fund from the most recently completed quarter. The department shall

present the mostly recently completed report to the appropriation committees of the

legislative assembly each legislative session.
N.D. Cent. Code § 54-06-19 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-19
54-06-19. Appointive boards, commissions, committees, and councils - Gender balance
Status: in_force

54-06-19. Appointive boards, commissions, committees, and councils - Gender

balance.

Appointments to boards, commissions, committees, and councils of the state established by

this code, if not otherwise provided by law, should be gender balanced to the extent possible

and to the extent that appointees are qualified to serve on those boards, commissions,

committees, and councils. Any appointment in accordance with this section should be made in a

manner that strives to seek gender balance based on the numbers of each gender belonging to

the group from which appointments are made. Ex officio members are not to be included in

determining gender balance under this section.
N.D. Cent. Code § 54-21-10 — ND Code / Title 54 / Chapter 54-21 / Section 54-21-10
54-21-10. Daily record
Status: repealed

54-21-10. Daily record

Repealed by S.L. 1991, ch. 592, § 47.
N.D. Cent. Code § 54-03-19.1 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-19.1
54-03-19.1. Legislative compensation commission - Appointment of members
Status: repealed

54-03-19.1. Legislative compensation commission - Appointment of members

Repealed by S.L. 2011, ch. 387, § 1.
N.D. Cent. Code § 54-21-25 — ND Code / Title 54 / Chapter 54-21 / Section 54-21-25
54-21-25. Authority to contract with other governmental agencies for prisoners and juvenile delinquents
Status: repealed

54-21-25. Authority to contract with other governmental agencies for prisoners and

juvenile delinquents.

Repealed by S.L. 1991, ch. 595, § 3.
N.D. Cent. Code § 54-40.4-02 — ND Code / Title 54 / Chapter 54-40.4 / Section 54-40.4-02
54-40.4-02. Method of proposing home rule charter
Status: in_force

54-40.4-02. Method of proposing home rule charter

The process for drafting and submitting a county-city home rule charter may be initiated by:

1. Separate motions by one or more boards of county commissioners and one or more

city governing bodies within each of those counties;

2. The execution of a joint powers agreement; or

3. A petition filed with the governing body of each county and city and signed by ten

percent or more of the total number of qualified electors of each county and city voting

for governor at the most recent gubernatorial election. The petition must be signed by

at least ten percent of the electors residing within each participating city and ten

percent of the electors residing in the remainder of the county.
N.D. Cent. Code § 54-52-17.3 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-17.3
54-52-17.3. Purchase of legislative service credit
Status: in_force

54-52-17.3. Purchase of legislative service credit

A member may purchase service credit for the time during each legislative session spent

serving as a member of the legislative assembly while holding eligible employment under this

chapter. The member shall pay for this service credit an amount equal to the required member

assessments and employer contributions plus interest as established by the board. Service

credit for legislative sessions prior to July 1, 1985, must be purchased before January 1, 1986.

Service credit for each later legislative session must be purchased within one year after the

adjournment of that legislative session.
N.D. Cent. Code § 54-60-22 — ND Code / Title 54 / Chapter 54-60 / Section 54-60-22
54-60-22. Workforce enhancement council - Grants
Status: in_force

54-60-22. Workforce enhancement council - Grants

The workforce enhancement council shall recommend to the commissioner the approval of

grants to training providers, businesses, and institutions of higher education assigned primary

responsibility for workforce training in this state to be used to create or enhance training

programs that address workforce needs of private sector companies. A grant made under this

section may be used for curriculum development, equipment, recruitment of participants, and

training and certification for instructors but may not be used to supplant funding for current

operations. The department may distribute funds under this section after:

1. The division of workforce development certifies that a proposed training program

meets a critical workforce shortage in a target industry or other high-demand

occupation and is expected to lead to employment in this state; and

2. The proposed recipient provides the department with detailed documentation of private

sector participation, including the availability of one dollar of matching funds for each

dollar of state funds.
N.D. Cent. Code § 54-09-05 — ND Code / Title 54 / Chapter 54-09 / Section 54-09-05
54-09-05. Salary of secretary of state
Status: in_force

54-09-05. Salary of secretary of state

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

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

thirty-four dollars thereafter.
N.D. Cent. Code § 54-52-02.1 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-02.1
54-52-02.1. Political subdivisions authorized to join public employees retirement system
Status: in_force

54-52-02.1. Political subdivisions authorized to join public employees retirement

system.

1. A political subdivision may, on behalf of its permanent employees, on behalf of its

peace officers, firefighters, dispatchers, emergency medical services personnel, and

correctional officers separately from its other employees, and permanent noncertified

employees only in the case of school districts, enter agreements with the retirement

board for the purpose of extending the benefits of the public employees retirement

system, as provided in this chapter or chapter 54-52.6, to those employees. The

agreement may, in accordance with this chapter and chapter 54-52.6, contain

provisions relating to benefits, contributions, effective date, modification,

administration, and other appropriate provisions as the retirement board and the

political subdivision agree upon, but the agreement must provide:

a. The political subdivision will contribute on behalf of each eligible employee an

amount equal to that provided in section 54-52-06 or 54-52-06.3 for peace

officers, firefighters, dispatchers, emergency medical services personnel, and

correctional officers participating separately from other political subdivision

employees.

b. A portion of the moneys paid by the political subdivision may be used to pay

administrative expenses of the retirement board.

2. Notwithstanding any other provision of law, a political subdivision having an existing

police, dispatcher, emergency medical services personnel, or firefighter pension plan

may merge that plan into the public employees retirement system under rules adopted

by and in a manner determined by the board.

3. Notwithstanding any other provision of this chapter, a political subdivision of this state

not currently participating in the public employees retirement system may not become

a participant in the retirement system until an actuarial study is performed under the

direction of the board to calculate the required employer contribution for any past

service liability and the required employer contribution must be an amount determined

sufficient to amortize and fund any past service liability over a period not to exceed

thirty years as determined by the board. Any fees incurred in performing the actuarial

study must be paid for by the political subdivision in a manner determined by the

board.
N.D. Cent. Code § 54-67-02 — ND Code / Title 54 / Chapter 54-67 / Section 54-67-02
54-67-02. Alert notice system activation - Report
Status: in_force

54-67-02. Alert notice system activation - Report

1. A law enforcement agency may request the bureau of criminal investigation or the

superintendent of the highway patrol to activate an amber alert notice, a blue alert

notice, a missing and endangered persons alert notice, a feather alert notice, or a

silver alert notice.

2. The bureau of criminal investigation, in cooperation with the highway patrol and other

relevant stakeholders, shall prepare an operational plan to prepare for and respond to

requests for activation of an amber alert notice, a blue alert notice, a missing and

endangered persons alert notice, a feather alert notice, or a silver alert notice. The

plan must include the role and requirements of the division of state radio of the

department of emergency services in broadcasting an alert to the public, including

alerts in indigenous languages when available.

3. The bureau of criminal investigation, in cooperation with the highway patrol,

department of emergency services, and local law enforcement, shall use one or more

modes of communication for an alert defined in this chapter, including:

a. The emergency alert system;

b. The national information system for travel;

c. Digital highway message signs;

d. Local alerting systems if available;

e. State or local jurisdiction websites; or

f. Social media platforms.

4. The Indian affairs commission shall serve as the primary liaison between tribal, state,

and federal agencies regarding alert notices, if the missing individual is indigenous,

and assist with public education, outreach, and advocacy efforts.

5. The bureau of criminal investigation and the highway patrol shall issue an annual

report to the Indian affairs commission on the effectiveness and implementation of the

feather alert notice and the missing and endangered persons alert notice for cases

involving missing indigenous individuals.
N.D. Cent. Code § 54-52-13 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-13
54-52-13. Deposit of moneys - Appropriation
Status: in_force

54-52-13. Deposit of moneys - Appropriation

All moneys, including but not limited to employers' contributions, employees' contributions,

grants, donations, legacies, and devises for the benefit of the fund, must be deposited in the

public employees retirement fund account with the Bank of North Dakota. All of said moneys,

not otherwise appropriated, are hereby appropriated for the purpose of making investments for

the employees retirement fund and to make payments to beneficiaries under the program.
N.D. Cent. Code § 54-01-05.1 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-05.1
54-01-05.1. State-owned land - How transferred
Status: in_force

54-01-05.1. State-owned land - How transferred

Real property held in the name of the state of North Dakota for the use and benefit of any

department or agency thereof may be transferred and conveyed by quitclaim deed executed in

the name of the state of North Dakota by the governor and attested by the secretary of state.
N.D. Cent. Code § 54-44-10 — ND Code / Title 54 / Chapter 54-44 / Section 54-44-10
54-44-10. Legislative inspection of books of office of management and budget
Status: in_force

54-44-10. Legislative inspection of books of office of management and budget

Whenever required the office of management and budget shall submit its books, accounts,

and vouchers to the inspection of the legislative assembly, or any committee thereof authorized

to request such documents.
N.D. Cent. Code § 54-01-17.1 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-17.1
54-01-17.1. Granting easements to state-owned land - Procedure
Status: in_force

54-01-17.1. Granting easements to state-owned land - Procedure

A state agency may, when it deems such action to be in the best interest of the state, grant

easements upon or across any real property which it administers and which is owned by the

state for the use or benefit of a state institution under its jurisdiction.

Any property rights transferred under the authority of this section must be transferred and

conveyed by quitclaim instrument or easement executed in the name of the state of North

Dakota by the governor and attested by the secretary of state. Such quitclaim instrument or

easement must contain specific legal descriptions of the property right transferred and the

location thereof.

Upon the granting of an easement under the authority of this section any proceeds must be

used in the following manner:

1. If the property is the subject of a devise, legacy, bequest, or gift to the institution the

proceeds of the easement are subject to the provisions of sections 1-08-02 and

1-08-04.

2. If the property is not subject to sections 1-08-02 and 1-08-04, the proceeds of the

easement must be deposited in the special operating fund of the institution or, if no

such operating fund then exists, such proceeds must be deposited in the general fund

in the state treasury.
N.D. Cent. Code § 54-40.4-06 — ND Code / Title 54 / Chapter 54-40.4 / Section 54-40.4-06
54-40.4-06. Amendment or repeal - Discontinuance of participation
Status: repealed

54-40.4-06. Amendment or repeal - Discontinuance of participation

1. A county-city home rule charter may be amended or repealed by a proposal submitted

by the governing body of the unified county-city government or by a petition filed with

the governing body signed by ten percent or more of the total number of qualified

electors within the jurisdiction of the county-city government who voted in the last

preceding general election. The governing body may appoint a charter commission to

draft amendments to the charter. The proposals must be submitted to a vote of the

qualified electors of the unified county-city government at the next primary or general

election. The voters may accept or reject any amendment or a repeal by a majority

vote of the qualified electors of the unified government voting on the question at the

election.

2. A participating county or city may discontinue its participation in the unified county-city

government by filing with the governing body a petition proposing the action that is

signed by ten percent or more of the total number of qualified electors within the

county or city. The proposal must be submitted to a vote of the qualified electors at the

next primary or general election. The voters may accept or reject the proposal by a

majority vote of the qualified electors of the county or city voting on the question at the

election.
N.D. Cent. Code § 54-52.1-08.1 — ND Code / Title 54 / Chapter 54-52.1 / Section 54-52.1-08.1
54-52.1-08.1. Administrative - Nondiscrimination testing for health and life insurance programs
Status: in_force

54-52.1-08.1. Administrative - Nondiscrimination testing for health and life insurance

programs.

The board shall be responsible for the nondiscrimination testing required under section 89

of the Internal Revenue Code. The board may engage the services of a consultant to assist the

board in its administration of this section. The various state departments, boards, agencies, and

commissions shall provide the board with requested information so the board may carry out its

duties under this section.
N.D. Cent. Code § 54-60-13 — ND Code / Title 54 / Chapter 54-60 / Section 54-60-13
54-60-13. Business hotline
Status: in_force

54-60-13. Business hotline

The commissioner shall create and implement a business hotline program. The program

must provide for a telephone number through which the department shall provide, during regular

business hours, in-state and out-of-state callers with information regarding how to do business

in the state, the services and assistance available to businesses, the advantages of doing

business in the state, and information on state and other resources that provide assistance to

businesses in the state. In addition to directly providing information, the department may use the

business hotline as a clearinghouse through which to refer callers to other federal, state, local,

or private sector economic developers. The program must include an in-state and out-of-state

marketing campaign in support of the program. The commissioner shall follow up on business

leads gained through the program and shall gather data on the results of calls, including

business expansion, location, and startup.
N.D. Cent. Code § 54-17.8-03 — ND Code / Title 54 / Chapter 54-17.8 / Section 54-17.8-03
54-17.8-03. North Dakota outdoor heritage fund purposes
Status: in_force

54-17.8-03. North Dakota outdoor heritage fund purposes

1. The commission shall use the fund to provide grants to state agencies, tribal

governments, political subdivisions, and nonprofit organizations, with higher priority

given to enhance conservation practices in this state by:

a. Providing access to private and public lands for sportsmen, including projects that

create fish and wildlife habitat and provide access for sportsmen;

b. Improving, maintaining, and restoring water quality, soil conditions, plant diversity,

animal systems, and by supporting other practices of stewardship to enhance

farming and ranching;

c. Developing, enhancing, conserving, and restoring wildlife and fish habitat on

private and public lands; and

d. Conserving natural areas and creating other areas for recreation through the

establishment and development of parks and other recreation areas.

2. The commission or grantee may not use the fund, in any manner, to finance:

a. Litigation;

b. Lobbying activities;

c. Any activity that would interfere, disrupt, or prevent activities associated with

surface coal mining operations; sand, gravel, or scoria extraction activities; oil

and gas operations; or other energy facility or infrastructure development;

d. The acquisition of land or to encumber any land for a term longer than twenty

years; or

e. Projects outside this state or projects that are beyond the scope of defined

activities that fulfill the purposes of this chapter.

3. The commission or a grantee may not use grant funds, except after a finding of

exceptional circumstances by the commission, to finance:

a. A completed project or project commenced before the grant application;

b. A feasibility or research study;

c. Maintenance costs;

d. A paving project for a road or parking lot;

e. A swimming pool or aquatic park;

f. Personal property that is not affixed to the land;

g. Playground equipment, except that grant funds may be provided for up to

twenty-five percent of the cost of the equipment not exceeding ten thousand

dollars per project and all playground equipment grants may not exceed five

percent of the total grants per year;

h. A building, except for a building that is included as part of a comprehensive

conservation plan for a new or expanded recreational project; or

i. A project in which the applicant is not directly involved in execution and

completion of the project.
N.D. Cent. Code § 54-44.1-13 — ND Code / Title 54 / Chapter 54-44.1 / Section 54-44.1-13
54-44.1-13. Budget requests for legislative and judicial branches
Status: in_force

54-44.1-13. Budget requests for legislative and judicial branches

The budget requests and expenditures for the legislative and judicial branches of this state

are not subject to the provisions of this chapter and such budget requests must be submitted

directly to the legislative assembly with informational copies of such budgets provided to the

director of the budget not later than November fifteenth in each even-numbered year preceding

a session of the legislative assembly.
N.D. Cent. Code § 54-03.1-01 — ND Code / Title 54 / Chapter 54-03.1 / Section 54-03.1-01
54-03.1-01. Declaration of purpose
Status: repealed

54-03.1-01. Declaration of purpose

Repealed by S.L. 1969, ch. 427, § 9.
N.D. Cent. Code § 54-52.1-17 — ND Code / Title 54 / Chapter 54-52.1 / Section 54-52.1-17
54-52.1-17. Uniform group insurance program - Collaborative drug therapy program - Funding
Status: in_force

54-52.1-17. Uniform group insurance program - Collaborative drug therapy program -

Funding.

1. The board shall establish a collaborative drug therapy program that is to be available

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

collaborative drug therapy program is to improve the health of individuals with diabetes

and to manage health care expenditures.

2. The board shall involve physicians, pharmacists, and certified diabetes educators to

coordinate health care for covered individuals with diabetes in order to improve health

outcomes and reduce spending on diabetes care. Under the program, pharmacists

and certified diabetes educators may be reimbursed for providing face-to-face

collaborative drug therapy services to covered individuals with diabetes. To encourage

enrollment in the plan, the board shall provide incentives to covered individuals who

have diabetes which may include waived or reduced copayment for diabetes treatment

drugs and supplies.

3. The North Dakota pharmacists association or a specified delegate shall implement a

formalized diabetes management program with the approval of the prescriptive

practices committee established in section 43-15-31.4, which must serve to

standardize diabetes care and improve patient outcomes. This program must facilitate

enrollment procedures, provide standards of diabetes care, enable consistent

documentation of clinical and economic outcomes, and structure an outcomes

reporting system.

4. The board shall fund the program from any available funds in the uniform group

insurance program and if necessary the fund may add up to a two dollar per month

charge on the policy premium for medical and hospital benefits coverage. A state

agency shall pay any additional premium from the agency's existing appropriation.
N.D. Cent. Code § 54-35-14 — ND Code / Title 54 / Chapter 54-35 / Section 54-35-14
54-35-14. Powers and duties of legislative budget analyst and auditor
Status: in_force

54-35-14. Powers and duties of legislative budget analyst and auditor

The legislative budget analyst and auditor shall attend all budget hearings carried on by the

executive budget officer and shall have access to all budget material submitted to, and all

studies carried on by, the executive budget officer. The legislative budget analyst and auditor

shall analyze the executive budget when prepared, with special reference to sources of

revenue, trends in governmental spending and finance, policies followed and inconsistencies in

such policies, and proposed new or substantially expanded or reduced areas of spending and

prepare a report of that analysis for the legislative assembly. The legislative budget analyst and

auditor shall report thereon to the appropriations committees of the senate and house of

representatives in joint meeting and shall perform such services for such committees during the

legislative session as they shall reasonably request. The legislative audit and fiscal review

committee may call upon the legislative budget analyst and auditor for such assistance as it

may deem necessary in the analysis of any audit submitted to such committee. Each

department, institution, and agency shall furnish such records and information to the legislative

budget analyst and auditor as requested by the legislative budget analyst and auditor in the

performance of official duties.
N.D. Cent. Code § 54-24.3-06 — ND Code / Title 54 / Chapter 54-24.3 / Section 54-24.3-06
54-24.3-06. Regional library cooperative interim planning committee - Duties
Status: in_force

54-24.3-06. Regional library cooperative interim planning committee - Duties

In the administration of this chapter, the regional library cooperative interim planning

committee may:

1. Elect provisional officers;

2. Identify all librarians eligible to be members of the regional library cooperative;

3. Hold informational meetings;

4. Distribute and receive applications for memberships in the regional library cooperative;

5. Draft interim bylaws for the regional library cooperative;

6. Prepare papers of incorporation;

7. Publicize activities;

8. Prepare a three-year plan for the development of services within the cooperative and

present it to the North Dakota library coordinating council for review and approval; and

9. Exercise any other duty that is necessary to carry out this chapter.
N.D. Cent. Code § 54-03.2-05 — ND Code / Title 54 / Chapter 54-03.2 / Section 54-03.2-05
54-03.2-05. Finances and staff
Status: in_force

54-03.2-05. Finances and staff

Each investigating committee may employ such professional, technical, clerical, or other

personnel as necessary for the proper performance of its duties, to the extent of funds made

available to it for such purpose and subject to such restrictions and procedures relating thereto

as may be provided by law or any applicable rules of the legislative assembly.
N.D. Cent. Code § 54-23.3-03 — ND Code / Title 54 / Chapter 54-23.3 / Section 54-23.3-03
54-23.3-03. Director - Appointment - Qualifications - Compensation
Status: in_force

54-23.3-03. Director - Appointment - Qualifications - Compensation

The chief administrative officer of the department is the director of the department of

corrections and rehabilitation, who must be appointed by the governor. The position of director

is not a classified position and the director shall serve at the pleasure of the governor. The

person appointed as director must hold at least a bachelor's degree from an accredited college

or university and must have held a management position in correctional or related work for at

least five years. The governor shall set the salary of the director within the limits of legislative

appropriations.
N.D. Cent. Code § 54-51-01 — ND Code / Title 54 / Chapter 54-51 / Section 54-51-01
54-51-01. Declaration of policy
Status: in_force

54-51-01. Declaration of policy

The state of North Dakota recognizes that intergovernmental cooperation is an essential

factor in resolving problems affecting this state and that the interchange of personnel between

and among governmental agencies at the same or different levels of government is a significant

factor in achieving such cooperation and increasing the skills and efficiency of governmental

personnel.
N.D. Cent. Code § 54-52-25 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-25
54-52-25. Limitation of powers
Status: repealed

54-52-25. Limitation of powers

Repealed by S.L. 1989, ch. 667, § 13.
N.D. Cent. Code § 54-44.3-18 — ND Code / Title 54 / Chapter 54-44.3 / Section 54-44.3-18
54-44.3-18. Authority to provide services to cities and political subdivisions
Status: in_force

54-44.3-18. Authority to provide services to cities and political subdivisions

The division may enter into agreement with any city or political subdivision of the state to

furnish services and facilities of the division to the city or political subdivision in the

administration of its personnel on merit principles. Any such agreement must provide for the

reimbursement to the state of the cost of the services and facilities furnished, such

reimbursements to be deposited to the credit of the general fund. All cities and political

subdivisions of the state may enter into such agreements.
N.D. Cent. Code § 54-17.4-02 — ND Code / Title 54 / Chapter 54-17.4 / Section 54-17.4-02
54-17.4-02. Survey - Responsibilities
Status: in_force

54-17.4-02. Survey - Responsibilities

There is created a North Dakota geological survey. The survey has the following

responsibilities:

1. Serve as the primary source of geological information in the state.

2. Investigate, describe, and interpret the geological setting of the state with special

reference to the economic products, geological hazards, and energy resources of the

state's geology.

3. Conduct investigations designed to promote public understanding of the state's natural

setting and natural resources.

4. Conduct research relative to the exploration, production, and regulation of oil, gas,

coal, and other mineral resources of the state.

5. Conduct investigations and review externally prepared reports pertaining to geological

aspects of the health and safety of the citizens and environment of the state.

6. Provide geological information contributing to the development of public health policies

and to the use and management of natural resources.

7. Publish bulletins, circulars, maps, and other related materials that make available the

results of the geological research and technical studies.

8. Provide educational information about the geology of the state to the public.

9. Operate and maintain a public repository for books, reports, maps, and other

publications regarding the geology and mineral resources of the state.

10. Operate and maintain a public repository for fossil and rock specimens, rock cores,

well cuttings, and associated data.

11. Provide technical advice and assistance concerning the geology of the state to local,

state, and federal governmental agencies and to state educational institutions.

12. Aid in the regulation of the state's natural resources by providing the resource

assessment and evaluation information necessary to create and maintain effective

regulatory policy.

13. Investigate the kind, amount, and availability of the various mineral substances

contained in state-owned lands, so as to contribute to the most effective and beneficial

administration of these lands for the state.

14. Consider such other scientific and economic questions in the field of geology as in the

judgment of the state geologist is deemed of value to the people of the state.

15. Carry out any other responsibilities assigned to it by the legislative assembly.
N.D. Cent. Code § 54-34-03.1 — ND Code / Title 54 / Chapter 54-34 / Section 54-34-03.1
54-34-03.1. Initial commission membership
Status: repealed

54-34-03.1. Initial commission membership

Repealed by S.L. 1991, ch. 95, § 48.
N.D. Cent. Code § 54-17.6-05 — ND Code / Title 54 / Chapter 54-17.6 / Section 54-17.6-05
54-17.6-05. Oil and gas research council - Members
Status: in_force

54-17.6-05. Oil and gas research council - Members

1. The oil and gas research council is composed of seven members, four of whom must

currently be engaged in and have at least five years of active experience in the oil and

natural gas exploration and production industry. The council consists of:

a. Four members appointed by the governor from a list provided by the North

Dakota petroleum council. The governor may reject the list and request the

council to submit a new list until the appointments are made.

b. One member appointed by the governor from a list provided by the North Dakota

association of oil and gas producing counties. The governor may reject the list

and request the association to submit a new list until the appointment is made.

c. The executive director of the North Dakota petroleum council or the executive

director's designee.

d. A county commissioner from an oil producing county appointed by the governor.

e. The director of the oil and gas division and the state geologist shall serve on the

council as advisory nonvoting members.

2. Subject to subsection 6, the terms of office for members of the council are three years

but of those first appointed, two serve for one year, two serve for two years, and three

serve for three years.

3. The council shall select its chairman from among its members.

4. The council shall have at least one regular meeting each year and such additional

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

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

three members. Five members constitute a quorum.

5. The council shall recommend to the commission the approval of grants, loans, or other

financial assistance necessary or appropriate for funding, research, development,

marketing, and educational projects or activities and any other matters related to this

chapter.

6. Members of the council appointed by the governor serve at the pleasure of the

governor.
N.D. Cent. Code § 54-44.6-06 — ND Code / Title 54 / Chapter 54-44.6 / Section 54-44.6-06
54-44.6-06. Forms review
Status: in_force

54-44.6-06. Forms review

Agencies must submit any proposed new or revised form to the manager for review. The

manager shall analyze the form, advise the affected agency of comments and

recommendations, and assist the agency with any recommended revision of the form.
N.D. Cent. Code § 54-53-04 — ND Code / Title 54 / Chapter 54-53 / Section 54-53-04
54-53-04. Gifts and grants
Status: in_force

54-53-04. Gifts and grants

In order to carry out its duties under this chapter, the institute may contract for and accept

private contributions and gifts and grants-in-aid from the federal government and other sources.
N.D. Cent. Code § 54-44-11 — ND Code / Title 54 / Chapter 54-44 / Section 54-44-11
54-44-11. Office's operating funds creation - Continuing appropriation (Retroactive application - See note)
Status: in_force

54-44-11. Office's operating funds creation - Continuing appropriation. (Retroactive

application - See note)

1. The office of management and budget shall establish a state purchasing operating

fund to be used for the procurement and maintenance of an inventory of equipment

and supplies for the state departments and agencies. Funds in the state purchasing

operating fund are appropriated on a continuing basis and may be spent by the office

of management and budget for the procurement and maintenance of an inventory of

equipment and supplies as provided in this subsection. The director of the office of

management and budget shall transfer any unobligated balance in the fund, in excess

of one hundred twenty-five thousand dollars, to the state general fund at the end of

each fiscal year.

2. The office of management and budget shall establish a state printing operating fund to

be used for the procurement and maintenance of an inventory of printing equipment

and supplies for the state departments and agencies.

3. The office of management and budget shall establish a state personnel training and

development operating fund to be used for the coordination of employee training and

career development data, supplies, equipment, and services and for providing or

arranging necessary training and development programs to state departments and

agencies. Funds in the state personnel training and development operating fund are

appropriated on a continuing basis to the office of management and budget and may

be spent for the purposes identified in this subsection. Any surplus in this fund in

excess of one hundred thousand dollars on June thirtieth of each year must be

transferred to the state general fund.

4. Each office, agency, or institution provided with printing or personnel training services,

unless exempted by law, shall pay to the office of management and budget a

proportionate share of the cost of such service as determined by the director of the

office of management and budget, based on actual costs and actual usage. The

amounts paid to the office of management and budget by the various offices,

agencies, and institutions must be deposited in the appropriate operating fund and

must be expended in accordance with legislative appropriations.

5. The office of management and budget shall establish a facility management operating

fund to be used for the salary and operating expenses of the division of facility

management. Rental fees collected pursuant to section 54-21-19 must be deposited in

the fund. The director of the office of management and budget shall transfer any

unobligated balance in the fund to the general fund at the end of each fiscal year.
N.D. Cent. Code § 54-57-06 — ND Code / Title 54 / Chapter 54-57 / Section 54-57-06
54-57-06. Transfer and transition provisions
Status: repealed

54-57-06. Transfer and transition provisions

Repealed by S.L. 1995, ch. 313, § 14.
N.D. Cent. Code § 54-59-29 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-29
54-59-29. Health information exchange - Confidential and exempt records
Status: in_force

54-59-29. Health information exchange - Confidential and exempt records

Information submitted to, stored in, or transmitted by the health information exchange under

this chapter and any such data or record in the possession of the health information technology

office is an exempt record under chapter 44-04 unless the information is confidential under

applicable federal or state law.
N.D. Cent. Code § 54-64-02 — ND Code / Title 54 / Chapter 54-64 / Section 54-64-02
54-64-02. Funds awarded
Status: in_force

54-64-02. Funds awarded

The division shall allocate state funds to participating community action agencies to provide

matching funds for eligible individual development accounts. The division shall allocate funds to

achieve geographic balance in the eight regions served by this program. The division shall

document the capacity of participating community action agencies to manage the program and

to raise the private match.
N.D. Cent. Code § 54-30-11 — ND Code / Title 54 / Chapter 54-30 / Section 54-30-11
54-30-11. Payment of assigned mortgage
Status: in_force

54-30-11. Payment of assigned mortgage

After the Bank, under this chapter, has assigned any mortgage, and the obligation thereby

secured, all payments thereon must be made to the Bank in trust for:

1. The security and payment of bonds to be issued as provided in this chapter; and

2. Delivery to the general fund of the state of such remaining part or balance thereof as

may come within this chapter.
N.D. Cent. Code § 54-40.1-05 — ND Code / Title 54 / Chapter 54-40.1 / Section 54-40.1-05
54-40.1-05. Reports
Status: in_force

54-40.1-05. Reports

Each regional council shall prepare an annual report within one hundred twenty days after

the end of each fiscal year. The regional council shall submit copies of the report to the

participating units of general local government, to the governor or the governor's designee, and

to members of the legislative assembly in each region. To the extent practicable, the report must

include projects completed or in progress and sources of funding.
N.D. Cent. Code § 54-52-26 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-26
54-52-26. Confidentiality of records
Status: in_force

54-52-26. Confidentiality of records

All records relating to the retirement benefits of a member or a beneficiary under this

chapter, chapter 54-52.2, and chapter 54-52.6 are confidential and are not public records.

Information and records may be disclosed, under rules adopted by the board, only to:

1. A person to whom the member has given written consent to have the information

disclosed.

2. A person legally representing the member, upon proper proof of representation, and

unless the member specifically withholds consent.

3. A person authorized by a court order.

4. A member's participating employer, limited to information concerning the member's

years of service credit and years of age. The board may share other types of

information as needed by the employer to validate the employer's compliance with

existing state or federal laws. Any information provided to the member's participating

employer under this subsection must remain confidential except as provided under

subsection 6.

5. The administrative staff of the retirement and investment office for purposes relating to

membership and benefits determination.

6. State or federal agencies for purposes of reporting on a service provider's provision of

services or when the employer must supply information to an agency to validate the

employer's compliance with existing state or federal laws.

7. Member interest groups approved by the board on a third-party blind list basis, limited

to information concerning the member's participation, name, and address.

8. The member's spouse or former spouse, that individual's legal representative, and the

judge presiding over the member's dissolution proceeding for purposes of aiding the

parties in drafting a qualified domestic relations order under section 54-52-17.6. The

information disclosed under this subsection must be limited to information necessary

for drafting the order.

9. Beneficiaries designated by a participating member or a former participating member

to receive benefits after the member's death, but only after the member's death.

Information relating to beneficiaries may be disclosed to other beneficiaries of the

same member.

10. The general public, but only after the board has been unable to locate the member for

a period in excess of one year, and limited to the member's name and the fact the

board has been unable to locate the member.

11. Any person if the board determines disclosure is necessary for treatment, operational,

or payment purposes, including the completion of necessary documents.

12. A government child support enforcement agency for purposes of establishing paternity

or establishing, modifying, or enforcing a child support obligation of the member.

13. A person if the information relates to an employer service purchase, but the

information must be limited to the member's name and employer, the retirement

program in which the member participates, the amount of service credit purchased by

the employer, and the total amount expended by the employer for that service credit

purchase, and that information may only be obtained from the member's employer.
N.D. Cent. Code § 54-35-13 — ND Code / Title 54 / Chapter 54-35 / Section 54-35-13
54-35-13. Personnel - Compensation - Expenses
Status: in_force

54-35-13. Personnel - Compensation - Expenses

The salaries, travel, and other expenses of the legislative budget analyst and auditor and

other personnel within the legislative budget analyst and auditor's office must be submitted,

approved, and paid in the same manner as other employees of the legislative council.
N.D. Cent. Code § 54-52.1-03.3 — ND Code / Title 54 / Chapter 54-52.1 / Section 54-52.1-03.3
54-52.1-03.3. Eligibility for retiree health benefits - Fixed contribution and reduction factors
Status: in_force

54-52.1-03.3. Eligibility for retiree health benefits - Fixed contribution and reduction

factors.

1. The following individuals are entitled to receive credit for hospital benefits coverage,

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

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

insurance program:

a. A member or surviving spouse of the highway patrol troopers' retirement system

is eligible for the credit beginning on the date retirement benefits are effective.

b. If the member first enrolled before January 1, 2020, a member or surviving

spouse of the public employees retirement system is eligible for the credit

beginning on the date retirement benefits are effective.

c. A member or surviving spouse of the retirement program established by

job service North Dakota under section 52-11-01 is eligible for the credit

beginning on the date retirement benefits are effective.

d. A retired judge or surviving spouse of the retirement program established under

chapter 27-17 is eligible for the credit beginning on the date retirement benefits

are effective.

e. If the former participating member first enrolled before January 1, 2020, a former

participating member of the defined contribution retirement plan receiving

retirement benefits, or the surviving spouse of a former participating member of

that retirement plan who was eligible to receive or was receiving benefits, under

section 54-52.6-13, is eligible as determined by the board pursuant to the board's

rules.

2. The board shall calculate the allowable monthly credit toward hospital benefits

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

insurance program and toward dental, vision, and long-term care benefits coverage

under any insurance program under subsection 1 in an amount equal to five dollars

multiplied by the member's or deceased member's number of years of credited service

under the highway patrol troopers' retirement system, the public employees retirement

system, the retirement program established by job service North Dakota under section

52-11-01, or the judges' retirement program established under chapter 27-17. For a

member of the public employees retirement system receiving an early retirement

benefit or the surviving spouse of that member, or a former participating member of the

defined contribution retirement plan who is receiving a periodic distribution and would

not meet the normal retirement provisions of the public employees retirement system,

the allowable monthly credit must be reduced by three percent if the member

terminates employment within one year before attaining the age of sixty-five and an

additional reduction factor of six percent applies for each year the member terminates

employment before attaining the age of sixty-four. For a member of the highway patrol

troopers' retirement system receiving an early retirement benefit or the surviving

spouse of that member, the allowable monthly credit must be reduced by three percent

if the member terminates employment within one year before attaining the age of

fifty-five and an additional reduction factor of six percent applies for each year the

member terminates employment before attaining the age of fifty-four. For a member of

the retirement program established by job service North Dakota under section

52-11-01 receiving an early retirement benefit or a discontinued service annuity under

the plan provisions of that retirement program or the surviving spouse of that member,

the allowable monthly credit must be reduced by three percent if the member

terminates employment within one year before attaining the age of sixty-five and an

additional reduction factor of six percent applies for each year the member terminates

employment before attaining the age of sixty-four.

3. The board shall apply the credit allowable under subsection 2 as elected by the eligible

participant to the payment of monthly premiums required of each individual eligible

under subsection 1 for hospital benefits coverage, medical benefits coverage, and

prescription drug coverage under any health insurance program and for dental, vision,

and long-term care benefits coverage under any insurance program. The board shall

allow spouses who each have credit under subsection 2 to combine the spouses'

credits and shall apply the combined credit to the required monthly premiums as

elected pursuant to this subsection. However, if the allowable credit under any

circumstance exceeds the monthly premium in effect for selected coverage, that

amount of the credit which exceeds the premium is forfeited and may not be used for

any other purpose.

4. As an alternative to the calculation of the allowable monthly credit under subsection 2,

the board may provide actuarially reduced benefit options for the member and the

member's surviving spouse, including a one hundred percent joint and survivor option

or a fifty percent joint and survivor option.
N.D. Cent. Code § 54-27-25 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-25
54-27-25. Tobacco settlement trust fund - Interest on fund - Uses
Status: in_force

54-27-25. Tobacco settlement trust fund - Interest on fund - Uses

There is created in the state treasury a tobacco settlement trust fund. The fund consists of

the tobacco settlement dollars obtained by the state under subsection IX(c)(1) of the master

settlement agreement and consent agreement adopted by the east central judicial district court

in its judgment entered December 28, 1998 [Civil No. 98-3778] in State of North Dakota, ex rel.

Heidi Heitkamp v. Philip Morris, Inc. Moneys received by the state under subsection IX(c)(1)

must be deposited in the fund. Moneys in the fund must be transferred within thirty days of

receipt by the state to a community health trust fund. Moneys in the fund may be appropriated

for community-based public health programs and other public health programs, including

programs with emphasis on preventing or reducing tobacco usage in this state, and for the

enforcement of the master settlement agreement and consent agreement and any disputes with

the agreement.
N.D. Cent. Code § 54-44.5-03 — ND Code / Title 54 / Chapter 54-44.5 / Section 54-44.5-03
54-44.5-03. Powers and duties of the director
Status: in_force

54-44.5-03. Powers and duties of the director

The director shall direct and supervise, with the approval of the commissioner, all the

administrative and technical activities of the division.
N.D. Cent. Code § 54-17.8-04 — ND Code / Title 54 / Chapter 54-17.8 / Section 54-17.8-04
54-17.8-04. Commission to staff advisory board
Status: in_force

54-17.8-04. Commission to staff advisory board

The commission shall operate, manage, and control the outdoor heritage fund and provide

staffing for the meetings.
N.D. Cent. Code § 54-10-23 — ND Code / Title 54 / Chapter 54-10 / Section 54-10-23
54-10-23. Obstructing or misleading auditor - Penalty
Status: in_force

54-10-23. Obstructing or misleading auditor - Penalty

Every person who, when required to do so, shall refuse or neglect to make any return or

exhibit, or to make or give any information required by the auditor, or who willfully shall obstruct

or mislead the auditor in the execution of the auditor's duties, or who in any manner shall hinder

a thorough examination by the auditor, is guilty of a class C felony.
N.D. Cent. Code § 54-30-22 — ND Code / Title 54 / Chapter 54-30 / Section 54-30-22
54-30-22. When sheriff's deed issued to state on foreclosure sale - Taxes suspended
Status: repealed

54-30-22. When sheriff's deed issued to state on foreclosure sale - Taxes suspended

Repealed by S.L. 1983, ch. 567, § 16.
N.D. Cent. Code § 54-17-05 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-05
54-17-05. Orders of commission - Approval by majority
Status: in_force

54-17-05. Orders of commission - Approval by majority

All orders, rules, regulations, bylaws, and written contracts, adopted or authorized by the

industrial commission, before becoming effective, must be approved by a majority of the

commission.
N.D. Cent. Code § 54-27-14 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-14
54-27-14. Cancellation of outstanding warrants
Status: repealed

54-27-14. Cancellation of outstanding warrants

Repealed by S.L. 1989, ch. 649, § 2.
N.D. Cent. Code § 54-27-09.1 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-09.1
54-27-09.1. Standing and continuing appropriations
Status: repealed

54-27-09.1. Standing and continuing appropriations

Repealed by omission from this code.
N.D. Cent. Code § 54-52.1-10 — ND Code / Title 54 / Chapter 54-52.1 / Section 54-52.1-10
54-52.1-10. Exemption from state premium tax
Status: in_force

54-52.1-10. Exemption from state premium tax

All premiums, consideration for annuities, policy fees, and membership fees collected under

this chapter are exempt from the tax payable pursuant to section 26.1-03-17.
N.D. Cent. Code § 54-11-15 — ND Code / Title 54 / Chapter 54-11 / Section 54-11-15
54-11-15. Appointment of agents
Status: in_force

54-11-15. Appointment of agents

The treasurer may appoint agents for the purpose of receiving public funds as required by

section 12 of article X of the Constitution of North Dakota. If appointed by the state treasurer,

the Bank of North Dakota shall serve as an agent of the state treasurer for the purpose of

receiving public funds, including funds that must be deposited in higher education institution

special revenue funds.
N.D. Cent. Code § 54-24-03 — ND Code / Title 54 / Chapter 54-24 / Section 54-24-03
54-24-03. Powers and duties of state librarian
Status: in_force

54-24-03. Powers and duties of state librarian

The state librarian shall:

1. Make rules for the operation of the state library.

2. Provide and care for all books and library materials in all collections of the state library

and work to focus the collections.

3. Employ qualified library personnel to care for all library procedures.

4. Make library materials available to libraries throughout the state, to individuals

connected with departments of state, and to citizens of North Dakota.

5. Work to improve library services to citizens by providing assistance to librarians and

library trustees and staff and by encouraging the extension of networking and regional

and statewide cooperation among libraries.

6. Coordinate the efforts of librarianship throughout the state, advising and assisting the

extension of qualified public libraries into centers of county or multicounty libraries.

7. Compile statistics on all North Dakota public libraries and their services and their

larger counterparts of county and multicounty libraries, regional library cooperatives,

and multitype library authorities. Make a full biennial report to the superintendent of

public instruction and the governor of the work done at the state library. The state

librarian may not require a private sector library to submit information relating to the

provisions of this subsection.

8. Collect, maintain, and make available informational materials that supplement and

support the needs of all libraries in the state, either by direct loan or by consultation,

and that form a reference source for the officers of the state in performing their duties.

9. Assist libraries in developing local standards and guidelines defining the basic level of

service that they will provide.

10. Conduct, or have conducted, research into the conditions of library service in the state

and produce written plans for the development and betterment of that service.

11. Promote and assist in the development of regional library cooperatives, including

multitype library authorities.

12. Establish levels of certification for libraries of the state that meet the standards

recommended by the American library association and the North Dakota library

association.

13. Promote and assist libraries in this state in developing and maintaining a

computerized, comprehensive, bibliographic statewide database for storing

bibliographic records of libraries which allows residents unmediated, seamless, direct

access to library catalogs with a common interface and a common set of commands

and the ability to search the library collections of the entire state at one time or only the

collections of the local library, regional libraries, or select group of libraries.

14. Coordinate interlibrary loan activities throughout this state.

15. Arrange for continuing education and training programs for library personnel.

16. Provide technical assistance and counsel to library personnel.

17. Distribute grants to libraries within the limits of legislative appropriations for the

purpose of developing or improving library services or programs.

18. Provide staff services to the North Dakota library coordinating council.

19. Disburse surplus library materials to libraries throughout the state.
N.D. Cent. Code § 54-21-06 — ND Code / Title 54 / Chapter 54-21 / Section 54-21-06
54-21-06. Director of institutions - Appointment - Term - Additional employees - Compensation - Removal - Expenses
Status: repealed

54-21-06. Director of institutions - Appointment - Term - Additional employees -

Compensation - Removal - Expenses.

Repealed by S.L. 1991, ch. 592, § 47.
N.D. Cent. Code § 54-27-09 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-09
54-27-09. Office of management and budget to cancel unexpended appropriations - When they may continue
Status: repealed

54-27-09. Office of management and budget to cancel unexpended appropriations -

When they may continue.

Repealed by S.L. 1965, ch. 358, § 20.
N.D. Cent. Code § 54-14-06 — ND Code / Title 54 / Chapter 54-14 / Section 54-14-06
54-14-06. Penalty for certifying to false claim
Status: repealed

54-14-06. Penalty for certifying to false claim

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 54-35-19 — ND Code / Title 54 / Chapter 54-35 / Section 54-35-19
54-35-19. Use of fees - Appropriation
Status: in_force

54-35-19. Use of fees - Appropriation

All fees received by the legislative council and the legislative assembly for providing

legislative information services and copies of legislative documents must be deposited in the

legislative services fund in the state treasury. The legislative services fund is a revolving fund

with an authorized ceiling of two hundred fifty thousand dollars. All moneys transferred into the

fund, moneys deposited in the fund, and earnings on moneys in the fund are appropriated to the

legislative council for use in improving and enhancing legislative information services and the

preparation of legislative documents. The fund is not subject to section 54-44.1-11.
N.D. Cent. Code § 54-67-03 — ND Code / Title 54 / Chapter 54-67 / Section 54-67-03
54-67-03. Annual public meetings - Report
Status: in_force

54-67-03. Annual public meetings - Report

The bureau of criminal investigation and the highway patrol, in cooperation with a

representative of each federally recognized tribe in this state, shall present reports and findings

at an annual public meeting with tribal leaders.
N.D. Cent. Code § 54-17.4-04 — ND Code / Title 54 / Chapter 54-17.4 / Section 54-17.4-04
54-17.4-04. Survey - Location
Status: in_force

54-17.4-04. Survey - Location

The commission shall decide the location of the survey. However, the survey shall maintain

a core and sample library at the university of North Dakota with associated core receiving,

processing, and analytical equipment. The survey, in cooperation with the university of North

Dakota, shall maintain a geologic literature library and archives at the university of North

Dakota. The survey may also maintain a working geologic literature library at a site selected by

the industrial commission.
N.D. Cent. Code § 54-59-22 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-22
54-59-22. Required use of electronic mail, file and print server administration, database administration, application server, and hosting services
Status: in_force

54-59-22. Required use of electronic mail, file and print server administration,

database administration, application server, and hosting services.

Each state agency and institution, excluding the legislative and judicial branches, the

institutions under the control of the state board of higher education, the attorney general, and

any entity exempted by the office of management and budget after advisement by the

information technology department, shall obtain electronic mail, file and print server

administration, database administration, storage, application server, and hosting services

through a delivery system established by the information technology department in conjunction

with the office of management and budget. The office of management and budget, after

receiving advice from the information technology department, shall establish policies and

guidelines for the delivery of 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.
N.D. Cent. Code § 54-38-06 — ND Code / Title 54 / Chapter 54-38 / Section 54-38-06
54-38-06. Department may contract for services of other agencies - Training of personnel
Status: in_force

54-38-06. Department may contract for services of other agencies - Training of

personnel.

The department may contract for such educational, research, casework, institutional and

medical facilities, personnel and services of public or private agencies as may be necessary to

carry out the provisions of this chapter. It may accept for training under its direction such

medical, technical, and clinical personnel as may be desirable.
N.D. Cent. Code § 54-52.2-06 — ND Code / Title 54 / Chapter 54-52.2 / Section 54-52.2-06
54-52.2-06. Deferred compensation program - Benefits - Taxation - Exemption from judicial process - Assignment
Status: in_force

54-52.2-06. Deferred compensation program - Benefits - Taxation - Exemption from

judicial process - Assignment.

The deferred compensation program established by this chapter shall exist and serve in

addition to retirement, pension, or benefit systems established by the state, county, city, town, or

other political subdivision, and no deferral of income under the deferred compensation program

shall effect a reduction of any retirement, pension, or other benefit provided by law. However,

with the exception of Roth contributions, any sum deferred under the deferred compensation

program is not subject to taxation until distribution is actually made to the employee. Any unpaid

benefits under the deferred compensation program established by this chapter are not subject

to execution, garnishment, attachment, the operation of bankruptcy or insolvency laws, or other

process of law whatsoever, except as provided by section 54-52.2-03.3. Neither the employee,

the employee's beneficiary, nor any designee of the employee or the employee's beneficiary has

the right to commute, sell, assign, transfer, or otherwise convey the right to receive payments

under this chapter.
N.D. Cent. Code § 54-12-01.4 — ND Code / Title 54 / Chapter 54-12 / Section 54-12-01.4
54-12-01.4. Limitation of effect of certain opinions of attorney general
Status: in_force

54-12-01.4. Limitation of effect of certain opinions of attorney general

Any opinion of the attorney general, or any other public official other than a court of

competent jurisdiction, that sections 16.1-01-13, 16.1-01-13.1, and 16.1-01-14 are

unconstitutional, is not binding on any other public official, and all other public officials are free

to act in accordance with the wishes of the people of North Dakota as expressed in sections

16.1-01-13, 16.1-01-13.1, and 16.1-01-14.
N.D. Cent. Code § 54-02-14 — ND Code / Title 54 / Chapter 54-02 / Section 54-02-14
54-02-14. State railroad museum
Status: in_force

54-02-14. State railroad museum

The Mandan railroad museum, established in 1972 in Mandan, is hereby designated the

North Dakota state railroad museum. No state agency or institution may provide appropriated

funds to the state railroad museum nor is the state responsible for any obligations of the

museum.
N.D. Cent. Code § 54-44.4-04 — ND Code / Title 54 / Chapter 54-44.4 / Section 54-44.4-04
54-44.4-04. Office of management and budget - Rules
Status: in_force

54-44.4-04. Office of management and budget - Rules

The office of management and budget shall adopt, in accordance with the procedures

provided by chapter 28-32, rules necessary to administer this chapter. The written directives

issued by the director exercising authority provided in sections 54-44.4-02 and 54-44.4-03 need

not be adopted in accordance with chapter 28-32.
N.D. Cent. Code § 54-66-11 — ND Code / Title 54 / Chapter 54-66 / Section 54-66-11
54-66-11. Rulemaking
Status: in_force

54-66-11. Rulemaking

When adopting rules, the ethics commission shall follow the provisions in chapter 28-32

which are specifically applicable to the commission.
N.D. Cent. Code § 54-64-04 — ND Code / Title 54 / Chapter 54-64 / Section 54-64-04
54-64-04. Household eligibility - Participation
Status: in_force

54-64-04. Household eligibility - Participation

To be eligible for matching funds under this chapter, a household:

1. Shall sign an individual development account agreement that includes the amount of

scheduled deposits into the household's individual development account, the proposed

use of the funds, and the proposed savings goal;

2. Shall agree to complete an economic literacy training program and asset-specific

training; and

3. At the time of application, must have an income that does not exceed two hundred

percent of the federal poverty line.
N.D. Cent. Code § 54-17.2-22 — ND Code / Title 54 / Chapter 54-17.2 / Section 54-17.2-22
54-17.2-22. Capital construction account
Status: repealed

54-17.2-22. Capital construction account

Repealed by S.L. 1993, ch. 38, § 19.
N.D. Cent. Code § 54-21-21 — ND Code / Title 54 / Chapter 54-21 / Section 54-21-21
54-21-21. School for the deaf land sale
Status: in_force

54-21-21. School for the deaf land sale

Omitted.
N.D. Cent. Code § 54-52-03 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-03
54-52-03. Governing authority
Status: in_force

54-52-03. Governing authority

1. A state agency is hereby created to constitute the governing authority of the system to

consist of a board of eleven individuals known as the retirement board. No more than

one elected member of the board may be in the employ of a single department,

institution, or agency of the state or in the employ of a political subdivision. An

employee of the public employees retirement system or the state retirement and

investment office may not serve on the board.

2. Four members of the legislative assembly must be appointed to serve on the board.

The majority leader of the house of representatives shall appoint two members of the

house of representatives and the majority leader of the senate shall appoint

two members of the senate. The members appointed under this subsection shall serve

a term of two years. The members appointed under this subsection serve at the

pleasure of the appointing majority leader.

3. Four members of the board must be appointed by the governor to serve a term of five

years. Each appointee under this subsection must be a North Dakota citizen who is

not a state or political subdivision employee and who is familiar with retirement and

employee benefit plans. The governor shall appoint one of the citizen members to

serve as chairman of the board. The members appointed under this subsection serve

at the pleasure of the governor.

4. Three board members must be elected by and from among the active participating

members, members of the retirement plan established under chapter 54-52.6,

members of the retirement plan established under chapter 39-03.1, and members of

the job service North Dakota retirement plan. Employees who have terminated their

employment for whatever reason are not eligible to serve as elected members of the

board under this subsection. Board members must be elected to a five-year term

pursuant to an election called by the board. Notice of board elections must be given to

all active participating members. The time spent in performing duties as a board

member may not be charged against any employee's accumulated annual or any other

type of leave.

5. The members of the board are entitled to receive one hundred forty-eight dollars

per day compensation and necessary mileage and travel expenses as provided in

sections 44-08-04 and 54-06-09. This is in addition to any other pay or allowance due

the chairman or a member, plus an allowance for expenses they may incur through

service on the board.

6. A board member shall serve until the board member's successor qualifies. Each board

member is entitled to one vote, and eight of the eleven board members constitute a

quorum. Six votes are necessary for resolution or action by the board at any meeting.
N.D. Cent. Code § 54-40-12 — ND Code / Title 54 / Chapter 54-40 / Section 54-40-12
54-40-12. Joint agreements for heat from a central heating source
Status: in_force

54-40-12. Joint agreements for heat from a central heating source

Any political subdivision, nonprofit hospital, or nursing home of this state, through its

governing body, may enter into an agreement with any state agency or institution to furnish or

receive heat from a central heating source. The director of the office of management and budget

or any supervisory state agency must be the contracting party in an agreement involving a state

institution under the director's or health officer's control. Political subdivisions, nonprofit

hospitals, nursing homes, and state agencies and institutions are encouraged to enter into

agreements pursuant to this section.
N.D. Cent. Code § 54-01-08 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-08
54-01-08. Jurisdiction ceded to lands acquired by United States for military post
Status: in_force

54-01-08. Jurisdiction ceded to lands acquired by United States for military post

Jurisdiction is ceded to the United States over any tract of land that may be acquired by the

United States on which to establish a military post. Legal process, civil and criminal, of this

state, extends over all land acquired by the United States to establish a military post in any case

in which exclusive jurisdiction is not vested in the United States, and in any case where the

crime is not committed within the limits of such reservation.
N.D. Cent. Code § 54-21-01 — ND Code / Title 54 / Chapter 54-21 / Section 54-21-01
54-21-01. Definition of board
Status: repealed

54-21-01. Definition of board

Repealed by S.L. 1969, ch. 440, § 13.
N.D. Cent. Code § 54-52.4-08 — ND Code / Title 54 / Chapter 54-52.4 / Section 54-52.4-08
54-52.4-08. Prohibited acts - Individual remedies
Status: in_force

54-52.4-08. Prohibited acts - Individual remedies

No person may interfere with, restrain, or deny the exercise of any right provided under this

chapter. In addition to any remedies otherwise provided by law, any person injured by a violation

of this chapter has a claim for relief to recover any damages, together with costs and

disbursements, including reasonable attorney's fees, and may receive injunctive and other

equitable relief as determined by the court.
N.D. Cent. Code § 54-59-18 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-18
54-59-18. North Dakota educational technology council - Powers and duties
Status: repealed

54-59-18. North Dakota educational technology council - Powers and duties

Repealed by S.L. 2019, ch. 144, § 4.
N.D. Cent. Code § 54-02-02 — ND Code / Title 54 / Chapter 54-02 / Section 54-02-02
54-02-02. State flag
Status: in_force

54-02-02. State flag

The flag of North Dakota must consist of a field of blue silk or material which will withstand

the elements four feet four inches [132.08 centimeters] on the pike and five feet six inches

[167.64 centimeters] on the fly, with a border of knotted yellow fringe two and one-half inches

[6.35 centimeters] wide. On each side of said flag in the center thereof, must be embroidered or

stamped an eagle with outspread wings and with opened beak. The eagle must be three feet

four inches [101.6 centimeters] from tip to tip of wing, and one foot ten inches [55.88

centimeters] from top of head to bottom of olive branch hereinafter described. The left foot of the

eagle shall grasp a sheaf of arrows, the right foot shall grasp an olive branch showing three red

berries. On the breast of the eagle must be displayed a shield, the lower part showing seven red

and six white stripes placed alternately. Through the open beak of the eagle must pass a scroll

bearing the words "E Pluribus Unum". Beneath the eagle there must be a scroll on which must

be borne the words "North Dakota". Over the scroll carried through the eagle's beak must be

shown thirteen five-pointed stars, the whole device being surmounted by a sunburst. The flag

must conform in all respects as to color, form, size, and device with the regimental flag carried

by the First North Dakota Infantry in the Spanish American War and Philippine Insurrection,

except in the words shown on the scroll below the eagle. To ensure historical accuracy,

reproductions of the flag of North Dakota must adhere to the official design and industry color

chart codes provided by the state historical society. A description in writing of the flag must be

made available to the public by the state historical society. Flags purchased by a state entity or

a political subdivision must substantially meet the requirements of this section. This section

does not apply to the purchase of an item that is not a flag but which portrays a likeness of the

flag of North Dakota, for example, a miniature flag, food, clothing, a lapel pin, a paper product,

or other nonflag item.
N.D. Cent. Code § 54-23.3-04 — ND Code / Title 54 / Chapter 54-23.3 / Section 54-23.3-04
54-23.3-04. Director - Powers and duties
Status: in_force

54-23.3-04. Director - Powers and duties

The director of the department of corrections and rehabilitation has the following powers

and duties:

1. To manage and control all institutions and programs within the department and to

administer and enforce the laws with which the department is charged.

2. To promote a unified criminal justice system and develop a statewide correctional

philosophy in cooperation with the courts, law enforcement, and other entities in the

criminal justice system.

3. To develop necessary programs and services for adult and juvenile offenders, within

legislative appropriations, to provide for their treatment and rehabilitation and to

recognize their special needs.

4. To develop, maintain, and revise as required a comprehensive master plan for the

state's correctional system which must indicate the system's needs and resources.

5. To establish policies and procedures necessary to carry out the responsibilities of the

department.

6. To organize the department into an adult services division, a juvenile services division,

and such other divisions that will enable it to function most effectively and efficiently.

7. To exercise general supervisory and appointing authority over all department

employees, subject to any applicable personnel laws and rules.

8. To employ and remove the director of the division of juvenile services, the director of

the division of adult services, and other division directors and personnel who may be

deemed necessary by the director of the department. Until the director of the

department of corrections and rehabilitation has been granted the full-time equivalent

positions within the department's budget for the division director positions, or when the

positions are vacant, the responsibilities of these positions must be assumed by the

director of the department of corrections and rehabilitation or by the director's

designee.

9. To delegate authority to subordinates as necessary and appropriate, clearly

delineating the delegated authority and limitations.

10. To promote the development of alternatives to conventional incarceration for those

offenders who can be dealt with more effectively in less restrictive, community-based

facilities and programs.

11. To contract for correctional services, and to provide such services, with the United

States, Canada, other states, and any of their governmental subdivisions and

agencies and with another agency or governmental unit in this state, or with any

private or public correctional or treatment facility or agency. The director shall

reimburse the entity at an amount based upon the services required for the housing

and treatment of inmates. The director may also contract to provide services, without

cost to the state, for persons held by any of the jurisdictions mentioned in this section.

If a treaty is in effect between the United States and a foreign country for the transfer

and exchange of offenders, the director of the department of corrections and

rehabilitation, upon recommendation of the warden and the approval of the governor,

may on behalf of the state under the terms of the treaty transfer or exchange offenders

and take any action necessary for the state to participate in the treaty.

12. To lease land owned by the state under the jurisdiction of the department of

corrections and rehabilitation. A lease by the director is not subject to the conditions of

this subsection. The director may sell or exchange, with the governor's approval,

selected portions of land owned by the state under the jurisdiction of the department of

corrections and rehabilitation and may sell, trade, lease, or grant mining easements to

extract and remove any resources found on, in, or under said department of

corrections and rehabilitation lands, including clay, coal, oil, gas, gravel, sand, dirt, and

sod, under the following conditions:

a. Any such sale, exchange, or transaction must allow for the submission of bids

pursuant to a notice published in at least one official county newspaper. The sale,

exchange, or transaction is exempt from the provisions of sections 54-01-05.2

and 54-01-05.5.

b. Any such sale, exchange, or transaction may not be made for less than the

appraised value, and the state reserves the right to reject any and all bids.

c. The commissioner of university and school lands or the commissioner's designee

shall provide technical assistance and advice to the director of the department of

corrections and rehabilitation in any transaction.

d. All legal documents, papers, and instruments required by any transaction must be

reviewed and approved as to form and legality by the attorney general.

e. Any of these transactions can be entered into on any terms and conditions

permitted by law and approved by the governor.

f. All funds and proceeds realized from any of these transactions must be placed in

an interest-bearing fund in the state treasury, designated as the North Dakota

state penitentiary land fund to be used for the acquisition of additional land and

facilities; to maintain, expand, or develop affiliated facilities; to relocate the

Missouri River correctional center and the farming and ranching operations of the

North Dakota state penitentiary; or for penitentiary renovation.

13. To provide meals at a fair value or without a charge to officers and employees of the

department as required by their job assignments.

14. To accept property forfeited or seized in accordance with law.

15. To collect costs and fees from persons on correctional supervision for the supervision

services, control devices, and programs as implemented by the department to assist in

making community corrections an effective alternative to incarceration. A person on

active supervision is presumed able to pay assessed fees unless the director, giving

due consideration to the fiscal obligations and resources of the probationer,

determines otherwise. A person with the ability to pay assessed fees who refuses to

pay must be returned to the court for a judicial determination. In addition to any other

remedies allowed by law, the department may enforce and collect any unpaid

supervision costs and fees imposed as a condition of parole, probation, or under a

program implemented under this section in a civil judgment entered by a district court

of this state and may employ licensed collection agencies to enforce and collect any

unpaid supervision costs and fees.

16. To collect the costs of any presentence investigation and report incurred under

subsection 11 of section 12.1-32-02, giving due consideration to the financial

obligations and resources of the defendant.

17. To employ personnel and to establish policies and procedures to supervise sexually

dangerous individuals released to community placement on an outpatient basis in

accordance with section 25-03.3-24.

18. To employ personnel and to establish policies and procedures to supervise a child

when a court orders supervision and management by the department under

subsection 1 of section 27-20.4-18.

19. To employ personnel and establish policies and procedures to authorize a child of a

female inmate to reside at the Heart River correctional center under the care and

general control of the female inmate if the child is eighteen months of age or younger.

The policies must include considerations of the residential safety of the child, the

length of time the child may reside within the facility, and treatment or other

penological interest.
N.D. Cent. Code § 54-21-18 — ND Code / Title 54 / Chapter 54-21 / Section 54-21-18
54-21-18. Office building part of capitol building - Director control of capitol grounds - Parking for pregnant employees and employees with infants - Rules - Penalty
Status: in_force

54-21-18. Office building part of capitol building - Director control of capitol grounds -

Parking for pregnant employees and employees with infants - Rules - Penalty.

1. The director of the office of management and budget shall control, manage, and

maintain the state office building. The building must be considered a part of the state

capitol building within the meaning of statutes relating to the custody, maintenance,

and control of the state capitol building and grounds, and within the meaning of

statutes requiring state departments or agencies to maintain their offices in the state

capitol building.

2. Except as otherwise provided by law, the director of the office of management and

budget has charge and control of the executive mansion, the capitol, and the park and

public grounds connected therewith. Except as provided by sections 39-10-48,

39-10-50, 44-08-18, and 54-21-17.1, the director may adopt rules to promote the

health, safety, and general welfare, to prohibit disturbances and disorderly assemblies,

to keep the peace, and to regulate nuisances on the capitol grounds and in any of the

buildings located on the capitol grounds. The rules may include regulation of public

assemblies and accessibility to the buildings and grounds, obstructions, fees,

insurance, forms, indemnification by users, and waiver of insurance and indemnity

requirements by the director. A person who violates a rule adopted by the director

under this section is guilty of an infraction.

3. The office of management and budget shall provide to a state employee a temporary

permit or some other means that allow that employee to park on the capitol grounds in

any parking area in which a member of the public is allowed to park, if the state

employee is pregnant and employed by a state agency housed on the capitol grounds

or if the state employee is allowed by a state agency housed on the capitol grounds to

bring an infant to work. This subsection does not authorize a state employee to park in

an emergency or fire zone, in parking for the mobility impaired, or in a zone for which

another permit is required. The special parking authorized under this subsection

expires when the employee is no longer pregnant or no longer authorized to bring an

infant to work.
N.D. Cent. Code § 54-34.4-01 — ND Code / Title 54 / Chapter 54-34.4 / Section 54-34.4-01
54-34.4-01. Division of tourism - Director
Status: in_force

54-34.4-01. Division of tourism - Director

The division of tourism is established to foster and promote tourism to, and within, the state

and the full development of the state's tourism resources and to serve as a planning and

coordinating agency for tourism-related programs of the state and the state's tourism partners.

The director shall supervise and control the division of tourism.
N.D. Cent. Code § 54-30-30 — ND Code / Title 54 / Chapter 54-30 / Section 54-30-30
54-30-30. Transfer of real estate bond trust
Status: repealed

54-30-30. Transfer of real estate bond trust

Repealed by S.L. 1983, ch. 567, § 16.
N.D. Cent. Code § 54-66-04 — ND Code / Title 54 / Chapter 54-66 / Section 54-66-04
54-66-04. Ethics commission member terms - Meetings - Code of ethics - Compensation - Office
Status: in_force

54-66-04. Ethics commission member terms - Meetings - Code of ethics -

Compensation - Office.

1. The terms of the initial members of the ethics commission must be staggered to

ensure no more than two members' terms expire in one year. The terms of the initial

members may be less than four years to accommodate the required staggering of

terms.

2. Unless the complaint at issue has resulted in the imposition of a penalty or referral for

enforcement under section 54-66-09, any portion of a meeting during which

commission members discuss complaints, informal resolutions, attempts to informally

resolve complaints, investigations, or referrals under this chapter, the identity of a

respondent or complainant, or any other matter arising from a complaint are closed

meetings.

3. The commission shall abide by a code of ethics adopted in a public meeting. The code

of ethics must specify when a commission member is disqualified from participating in

matters before the commission.

4. Ethics commission members are entitled to:

a. Compensation for each day necessarily spent conducting commission business

in the amount provided for members of the legislative management under section

54-35-10; and

b. Payment for mileage and travel expenses necessarily incurred in the conduct of

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

5. The director of the office of management and budget shall allocate office space in the

state capitol for the ethics commission, or, if office space in the capitol is unavailable,

shall negotiate for, contract for, and obtain office space for the ethics commission in

the city of Bismarck or in the Bismarck area. The ethics commission's office space may

not be located in the office space of any other government agency, board, commission,

or other governmental entity, and must provide sufficient privacy and security for the

ethics commission to conduct its business. The director shall charge the ethics

commission an amount equal to the fair value of the office space and related services

the office of management and budget renders to the ethics commission.
N.D. Cent. Code § 54-40.1-01 — ND Code / Title 54 / Chapter 54-40.1 / Section 54-40.1-01
54-40.1-01. Legislative findings and purpose
Status: in_force

54-40.1-01. Legislative findings and purpose

The legislative assembly finds that the citizens of the state have a fundamental interest in

the orderly development of the state and its resources. This finding recognizes the fact that the

mobility of the population, changes in economic forces, and governmental mandates within and

without the state present problems that cannot always be met by individual counties or cities

and that local government planning and development efforts can be strengthened when aided

by studies, planning, and implementation of both a statewide and regional character.

The legislative assembly further finds that the state has a positive interest in the

establishment, preparation, and maintenance of a long-term, continuing, comprehensive

planning and development process for the physical, social, and economic development of the

state and each of its regions to serve as a guide for activities of state and local governmental

units.

It is the purpose of this chapter to establish a consistent, comprehensive statewide policy

for planning, economic development, program operations, coordination, and related cooperative

activities of state and local governmental units and to enhance the ability of and opportunity for

local governmental units to resolve issues and problems transcending their individual

boundaries. In furtherance of this purpose, the legislative assembly finds that the governor is

required to assure orderly and harmonious coordination of state and local plans and programs

with federal, state, and regional planning and programming.
N.D. Cent. Code § 54-12-19 — ND Code / Title 54 / Chapter 54-12 / Section 54-12-19
54-12-19. Block house defined
Status: repealed

54-12-19. Block house defined

Repealed by S.L. 2007, ch. 75, § 4.
N.D. Cent. Code § 54-11-01 — ND Code / Title 54 / Chapter 54-11 / Section 54-11-01
54-11-01. Duties and powers of state treasurer
Status: in_force

54-11-01. Duties and powers of state treasurer

The state treasurer:

1. Shall receive and safely keep all public moneys which must be deposited into the state

treasury and pay out the same as directed by law.

2. Shall collect a record for each deposit of money into the treasury. The record must

show the amount, the source from which the money accrued, and the funds into which

it is paid. The records must be numbered in order.

3. Shall pay warrants drawn by the office of management and budget and signed by the

state auditor and state treasurer out of the funds upon which they are drawn and in the

order in which they are presented.

4. Shall keep an account of all moneys received and disbursed.

5. Shall keep separate accounts of the different funds.

6. Shall keep a record of all revenues and expenditures of state agencies and all moneys

received and disbursed by the treasurer in accordance with the requirements of the

state's central accounting system.

7. Shall receive in payment of public dues the warrants drawn by the office of

management and budget and signed by the state auditor and state treasurer in

conformity with law.

8. Shall redeem warrants drawn by the office of management and budget and signed by

the state auditor and state treasurer in conformity with law, if there is money in the

treasury appropriated for that purpose.

9. Shall maintain a report of the payment of warrants during the month. The report must

show:

a. The date and number of each warrant;

b. The fund out of which each was paid; and

c. The balance in cash on hand in the treasury to the credit of each fund.

10. Within ninety days of the beginning of each fiscal year, shall provide a report to the

budget section of the legislative assembly of all warrants and checks outstanding for

more than ninety days and less than three years.

11. At the request of either house of the legislative assembly, or of any committee thereof,

shall give information in writing as to the condition of the treasury, or upon any subject

relating to the duties of office.

12. Shall submit a biennial report to the governor and the secretary of state in accordance

with section 54-06-04. In addition to any requirements established pursuant to section

54-06-04, the report must show the exact balance in the treasury to the credit of the

state. The report also must show in detail the receipts and disbursements, together

with a summary thereof, the balances in the various funds at the beginning and ending

of the biennium, and also must show where the funds of the state are deposited. It

must be certified by the state treasurer and approved by the governor.

13. Shall authenticate with the official state seal all writings and papers issued from the

treasurer's office.

14. Shall keep and disburse all moneys belonging to the state in the manner provided by

law.

15. Shall keep books of the state treasurer open at all times for the inspection of the

governor, the state auditor, the commissioner of financial institutions, the office of

management and budget, and any committee appointed to examine them by either

house of the legislative assembly.

16. Unless otherwise specified by law, shall credit all income earned on the deposit or

investment of all state moneys to the state's general fund. This subsection does not

apply to:

a. Income earned on state moneys that are deposited or invested to the credit of the

industrial commission or any agency, utility, industry, enterprise, or business

project operated, managed, controlled, or governed by the industrial commission.

b. Income earned by the Bank of North Dakota for its own account on state moneys

that are deposited in or invested with the Bank.

c. Income earned on college and university funds not deposited in the state

treasury.

17. Shall perform all other duties as are prescribed by law.

18. Shall correct any underpayment, overpayment, or erroneous payment of tax

distribution funds, resulting from an error made by the state treasurer in a timely

manner. Unless otherwise provided by law, adjustments may be made from the

general fund. This authority is limited to one hundred dollars per biennium, unless

approved by the emergency commission. An adjustment of an insignificant amount

need not be made at the discretion of the state treasurer. The state treasurer shall

adopt a written policy identifying what is considered insignificant.

19. May work to promote access to financial education tools that can help all North

Dakotans make wiser choices in all areas of personal financial management.
N.D. Cent. Code § 54-01-05.2 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-05.2
54-01-05.2. Sale of state-owned land - Notice
Status: in_force

54-01-05.2. Sale of state-owned land - Notice

Except as provided by section 54-01-05.5, whenever any department or agency of the state

other than the board of university and school lands, the housing finance agency, and the Bank

of North Dakota is authorized to sell such real property, the property must be sold for cash by

the county auditor or other person designated by the department or agency concerned at public

auction at the front door of the courthouse in the county in which the property lies. A notice of

sale must have been published in the official newspaper of the county in which the property lies

for three successive weeks, with the last publication not less than ten days before the day of

sale. The notice must be given in the name of the administrative head of the department or

agency concerned and must state the place, day, and hour of the sale, the description of the

real property to be sold, the appraised value, and that the state reserves the right to reject any

and all bids. No land may be sold at auction for less than the appraised value. In addition to the

purchase price at auction, the buyer must pay the cost of preparing the land for sale. For a land

sale or exchange when the value of the land is not more than one hundred thousand dollars,

one appraisal must be obtained, and when the value of the land is in excess of one hundred

thousand dollars, two appraisals must be obtained. If more than one appraisal is obtained, the

appraised value of the land is the average of the two appraisals. If no bid is received on the land

at public auction, the land may be sold for not less than ninety percent of the appraised value.
N.D. Cent. Code § 54-23.3-14 — ND Code / Title 54 / Chapter 54-23.3 / Section 54-23.3-14
54-23.3-14. Denial of admission
Status: in_force

54-23.3-14. Denial of admission

1. If the department of corrections and rehabilitation is beyond capacity and denies the

admission of an inmate sentenced to the physical custody of the department, the

department may use local jails or correctional facilities and negotiate the terms of the

agreement with each facility.

2. Admission of an inmate is denied by the department when a county requests

admission to the department with a judgment of conviction ordering an individual to be

placed with the physical custody of the department and the request for admission is

denied or unavailable within seven days of notification to the department. When the

denial of admission exceeds seven days, the department is responsible to pay the

contracted rate beginning from the date of initial notification of the judgment of

conviction and placement in the physical custody of the department.

3. An agreement under this section must include a minimum daily rate per inmate,

including medical costs, to be paid by the department to the governing body of the jail

or correctional facility beginning the day after the department receives notice from the

district court of an order placing an individual in the care and custody of the

department and ending on the admission date provided by the department.