N.D. Cent. Code § 54-35-01 — ND Code / Title 54 / Chapter 54-35 / Section 54-35-01
54-35-01. Legislative management - Created - Members - Vacancy - Terms
Status: in_force

54-35-01. Legislative management - Created - Members - Vacancy - Terms

1. The North Dakota legislative management consists of the majority and minority

leaders of the house and of the senate, the speaker of the house, and six senators

and six representatives chosen biennially before the close of each regular legislative

session.

2. In the house of representatives the majority leader shall appoint to the legislative

management members elected by the political party with the largest number of

members in the house and the minority leader of the house shall appoint to the

legislative management members elected by the political party with the next largest

number of members in the house. The majority and minority leaders of the house of

representatives shall make the appointments so as to give the two political parties

having the most members in the house the same total proportionate representation on

the legislative management as prevails in the house. In allocating the membership on

the legislative management to each political party, the total number of members in the

house of representatives must be divided by six; the resulting quotient must then be

divided into the number of members of each of the two political parties of the house;

the resulting quotient for each party of the house, rounded to the nearest whole

number, is the number of members of that political party in the house to be on the

legislative management. Notwithstanding this allocation, the minority political party in

the house of representatives must be represented by at least two members on the

legislative management.

3. In the senate the majority leader shall appoint to the legislative management members

elected by the political party with the largest number of members in the senate and the

minority leader shall appoint to the legislative management members elected by the

political party with the next largest number of members in the senate. The majority and

minority leaders of the senate shall make the appointments so as to give the two

political parties having the most members in the senate the same total proportionate

representation on the legislative management as prevails in the senate. In allocating

the membership on the legislative management to each political party, the total number

of members in the senate must be divided by six; the resulting quotient must then be

divided into the number of members of each of the two political parties of the senate;

the resulting quotient for each party of the senate, rounded to the nearest whole

number, is the number of members of that political party in the senate to be on the

legislative management. Notwithstanding this allocation, the minority political party in

the senate must be represented by at least two members on the legislative

management.

4. Any vacancy occurring when the legislative assembly is not in session must be filled

by the selection of another member of the legislative assembly belonging to the same

party as the member originally appointed, the selection to be made by the remaining

senate or house members of the legislative management, depending upon which body

has the vacancy. Each senator and each representative chosen to serve on the

legislative management shall serve until a new legislative management has been

selected at the next regular legislative session; provided, however, that no senator, not

a holdover, who is not re-elected to the senate, and no representative, who is not

re-elected to the house of representatives, may serve as a member of the legislative

management beyond the closing day of the term to which elected. Any vacancy

occurring because any member of the legislative management is not re-elected must

be filled for the period from the beginning of the session until a new legislative

management is selected, in the same manner as the original legislative management

is selected.
N.D. Cent. Code § 54-34-02 — ND Code / Title 54 / Chapter 54-34 / Section 54-34-02
54-34-02. Appointment of director of the economic development commission
Status: repealed

54-34-02. Appointment of director of the economic development commission

Repealed by S.L. 1991, ch. 95, § 48.
N.D. Cent. Code § 54-52.6-11 — ND Code / Title 54 / Chapter 54-52.6 / Section 54-52.6-11
54-52.6-11. Refund beneficiaries
Status: in_force

54-52.6-11. Refund beneficiaries

A participating or former participating member may nominate one or more individuals as a

refund beneficiary by filing written notice of nomination with the board. If the participating

member or former participating member is married at the time of the nomination and the

participant's spouse is not the refund beneficiary for one hundred percent of the account, the

nomination is not effective unless the nomination is signed by the participant's spouse.

However, the board may waive this requirement if the spouse's signature cannot be obtained

because of extenuating circumstances.
N.D. Cent. Code § 54-35-06 — ND Code / Title 54 / Chapter 54-35 / Section 54-35-06
54-35-06. Officers - Accept funds - Expenditures
Status: in_force

54-35-06. Officers - Accept funds - Expenditures

1. The legislative management chairman must be the majority leader of one house of the

legislative assembly, or the majority leader's designee, and the vice chairman must be

the majority leader of the opposite house of the legislative assembly, or the majority

leader's designee. The legislative management may prescribe its rules of procedure.

2. The legislative management chairman shall serve a two-year term beginning at the

adjournment of each regular legislative session. The chairman may not be a member

of the same house of the legislative assembly for consecutive terms. The vice

chairman may not be a member of the same house of the legislative assembly as the

chairman.

3. The legislative management may appoint a secretary who need not be a member, and

shall appoint a director to be in charge of the legislative council. The director is entitled

to a salary set by the legislative management. The director may employ persons and

obtain the assistance of research agencies. The director may use available funds for

salary adjustments to assist with staff recruitment, retention, and recognition of

exceptional performance. The legislative management and the legislative council may

accept and use any funds made available through an agreement made with any

agency for the purpose of this chapter. Expenditures of funds made available by

legislative appropriation must be made in accordance with rules or motions duly

approved by the legislative management.
N.D. Cent. Code § 54-21-23 — ND Code / Title 54 / Chapter 54-21 / Section 54-21-23
54-21-23. Executive mansion - Construction - Equipment - Appropriation
Status: in_force

54-21-23. Executive mansion - Construction - Equipment - Appropriation

Omitted.
N.D. Cent. Code § 54-09-04 — ND Code / Title 54 / Chapter 54-09 / Section 54-09-04
54-09-04. Fees
Status: in_force

54-09-04. Fees

1. The secretary of state shall charge and collect the following fees:

a. Unless otherwise provided by law, for affixing the signature of the secretary of

state, certificate, or seal, or combination thereof to any document, ten dollars.

b. For searching records and archives of the state, five dollars. For the purposes of

this section, a search of records conducted by the secretary of state for which a

fee must be collected includes the following:

(1) A search of a filed document that is active or archived, an archived index, or

an index of business name changes to identify specific information to satisfy

a request;

(2) A search of any record for which written verification of the facts of the search

is required; and

(3) For every search of records when the request for the search is contained in

a list compiled by the requester.

The secretary of state may provide, at no charge, information from publications or

reference materials published or maintained by the secretary of state and verbal

confirmation of any element of information maintained in a computer database.

c. For filing any transaction not otherwise provided for, ten dollars.

d. For filing any process, notice, or demand for service, the fee provided in section

10-01.1-03.

e. For preparing any listing or compilation of any information recorded or filed in the

office of the secretary of state, forty dollars for each record type requested.

Unless otherwise agreed to by the secretary of state, the information must be

provided in an electronic format. If provided in a paper format, an additional fee of

fifty cents per page may be charged.

2. An individual required to file an oath of office with the secretary of state may not be

charged for filing the oath of office, nor may a state or county officer be charged for

filing any document with the secretary of state when acting in the officer's official

capacity. All fees when collected must be paid by the secretary of state into the state

treasury at the end of each month and placed to the credit of the state. Unless

otherwise provided by law, the secretary of state shall retain a handling charge from

filing fees tendered when a document submitted to the secretary of state under any

law is rejected and not perfected. The handling charge is five dollars or fifty percent of

the filing fee, whichever is greater, but may not exceed one hundred dollars.

3. If, upon due presentment, any check, draft, money order, or other form of lawful

payment provisionally accepted in payment of any filing fee authorized to be charged

and collected by the secretary of state, is not honored or paid, or if no lawful form of

payment accompanies the filing, any record of credit or payment must be canceled or

reversed as though no credit had been given or payment attempted and the filing or

action is void. The secretary of state may return to the last-known address of the filer

any record or document that was attempted to be filed or may retain as unfiled the

record or document for a reasonable time to permit proper payment and filing.

4. This section does not apply to fees submitted for filing in, or information obtained from,

the computerized central notice system, to the computerized Uniform Commercial

Code central filing database, or to the computerized statutory liens database.
N.D. Cent. Code § 54-27-19.1 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-19.1
54-27-19.1. Township highway aid fund - Distribution
Status: in_force

54-27-19.1. Township highway aid fund - Distribution

The state treasurer shall no less than quarterly allocate and distribute all moneys in the

township highway aid fund to the counties of the state based on the length of township roads in

each county compared to the length of all township roads in the state. To receive any funds

under this section, organized townships must provide fifty percent matching funds. The county

treasurer shall allocate the funds received to the organized townships in the county which

provide fifty percent matching funds based on the length of township roads in each of those

organized townships compared to the length of all township roads in the county. The funds

received must be deposited in the township road and bridge fund and used for highway and

bridge purposes. If a county does not have organized townships, or has some organized and

some unorganized townships, the county shall retain a pro rata portion of the funds received

based on the length of roads in unorganized townships compared to the length of township

roads in organized townships in the county. Moneys retained by a county for the benefit of

unorganized townships under this section must be deposited in the county road and bridge fund.

Moneys retained by the county treasurer due to the failure of organized townships to provide

required matching funds must be returned to the state treasurer who shall deposit the funds in

the highway tax distribution fund. The board of county commissioners shall certify to the state

treasurer any change in township road mileage when a change occurs and shall, by July first of

each even-numbered year, certify the total number of township road mileage in each of the

county's organized and unorganized townships. The state treasurer shall prescribe the form and

manner by which the certification is made.
N.D. Cent. Code § 54-09-02 — ND Code / Title 54 / Chapter 54-09 / Section 54-09-02
54-09-02. Duties of secretary of state
Status: in_force

54-09-02. Duties of secretary of state

In addition to the duties prescribed by the constitution, the secretary of state shall:

1. Receive bills and resolutions from every session of the legislative assembly, and shall

perform such other duties as may devolve upon the secretary of state by resolution of

the two houses, or either of them.

2. Keep a register of and attest the official acts of the governor.

3. Affix the great seal with the secretary of state's attestation to commissions and other

public instruments to which the official signature of the governor is required.

4. Record and maintain records of all conveyances made to the state and all articles of

incorporation filed in the secretary of state's office.

5. Maintain records for all books distributed by the secretary of state and direct the

county auditor of each county to do the same as provided by law.

6. Furnish on demand to persons paying the fees therefor a certified copy of all or any

part of any law, record, or other instrument filed, deposited, or recorded in the

secretary of state's office.

7. Keep records of all the fees, commissions, and compensation of whatever nature or

kind earned, collected, or charged by the secretary of state, with the date, name of

payer, and the nature of the services in each case.

8. Biennially report to the governor with copies filed in the secretary of state's office as

prescribed by section 54-06-04 all moneys received from any source for services

performed and accompany the report with a detailed statement under oath of the

manner in which the appropriations for the secretary of state's office have been

expended during the preceding two fiscal years.

9. Immediately after the laws, resolutions, and journals of the legislative assembly are

bound, distribute the laws, resolutions, and journals to the persons entitled thereto by

law or rules of the senate and house of representatives.

10. Keep records of cities as prescribed by law.

11. Indicate on each bill passed by the legislative assembly the date of filing in the

secretary of state's office.

12. Perform all other duties as are prescribed by law.
N.D. Cent. Code § 54-17.8-01 — ND Code / Title 54 / Chapter 54-17.8 / Section 54-17.8-01
54-17.8-01. Definitions
Status: in_force

54-17.8-01. Definitions

1. "Advisory board" means the North Dakota outdoor heritage advisory board.

2. "Commission" means the industrial commission.

3. "Fund" means the North Dakota outdoor heritage fund.
N.D. Cent. Code § 54-44.8-01 — ND Code / Title 54 / Chapter 54-44.8 / Section 54-44.8-01
54-44.8-01. Definitions
Status: in_force

54-44.8-01. Definitions

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

1. "Administrator" means the individual employed by the chief information officer of the

state to oversee administration of the program.

2. "Commission" means the public service commission.

3. "Communications impaired" means the condition of an individual who is deaf, hearing

impaired, speech impaired, or mobility impaired so as to be unable to use a telephone

readily purchased from a retail store.

4. "Department" means the information technology department.

5. "Disadvantaged" means residing in a household that has a median income not more

than the applicable median income in this state, except the term includes residing in a

household that has a median income not more than one hundred fifty percent of the

applicable median income in this state if the resident is deaf.

6. "Local exchange company" means a telecommunications company that provides

telephone access lines to members of the general public who are its customers.

7. "Program" means the program established under section 54-44.8-03.

8. "Radio communications access" means the radio access between a customer of a

radio communications service provider and the provider.

9. "Radio communications service provider" means a telecommunications company that

provides radio communication service or cellular service to members of the general

public who are its customers.

10. "Specialized telecommunications equipment" means a dedicated telecommunications

device that, when connected to a telephone, enables or assists a person who is

communications impaired to communicate with another person utilizing the telephone

network. The term may include telecommunications devices for the deaf, amplifiers,

and signaling devices. Specialized telecommunications equipment provided under this

chapter to an individual may not exceed two thousand dollars in total cost per device.

11. "Telecommunications relay service" means a statewide service through which a

communications-impaired individual, using specialized telecommunications equipment,

may send and receive messages to and from a noncommunications-impaired

individual whose telephone is not equipped with specialized telecommunications

equipment and through which a noncommunications-impaired individual, by using

voice communication, may send and receive messages to and from a

communications-impaired individual.

12. "Telephone access line" means the facilities between a serving central office and the

customer of a local exchange company which are required to provide access to the

local and toll network.
N.D. Cent. Code § 54-17-34.5 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-34.5
54-17-34.5. Financing exempt from taxation - Exception
Status: in_force

54-17-34.5. Financing exempt from taxation - Exception

Evidences of indebtedness issued under the provisions of the first-time farmer finance

program, and the interest therefrom, is exempt from any taxes of the state, except inheritance,

estate, and transfer taxes.
N.D. Cent. Code § 54-21-19 — ND Code / Title 54 / Chapter 54-21 / Section 54-21-19
54-21-19. Director to furnish supplies and maintain capitol, state offices, and executive mansion - Authority to charge for services (Retroactive application - See note)
Status: in_force

54-21-19. Director to furnish supplies and maintain capitol, state offices, and

executive mansion - Authority to charge for services. (Retroactive application - See note)

The director of the office of management and budget shall provide all necessary fuel,

electricity, insurance, janitorial, and other services necessary to maintain the state offices on the

capitol grounds as well as all necessary furniture, fuel, electricity, express, freight, drayage, and

all other necessary supplies for the executive mansion and the capitol grounds and shall make

all necessary repairs. The purchases must be in accordance with chapter 54-44.4. The director

shall charge an amount equal to the fair value of the office space and other services rendered to

all executive branch agencies, except that for good cause the amounts charged may be waived

by the director for a one-year period of time with the waiver subject to further annual renewals

after proper application has been filed with the director.
N.D. Cent. Code § 54-52.6-09.5 — ND Code / Title 54 / Chapter 54-52.6 / Section 54-52.6-09.5
54-52.6-09.5. Employer contribution for defined benefit plan
Status: in_force

54-52.6-09.5. Employer contribution for defined benefit plan

In addition to the employer contribution under section 54-52.6-09, a state employer that

receives budgetary approval from the legislative assembly shall contribute to the defined benefit

retirement plan under chapter 54-52, an amount equal to the contribution rate calculated under

section 54-52-06 less the amount of the required employer contribution under sections

54-52.2-09 and 54-52.6-09. If a state employer uses federal funds to pay any or all of an

employee's wages, the employer shall use state funds to pay this additional contribution.
N.D. Cent. Code § 54-46-02 — ND Code / Title 54 / Chapter 54-46 / Section 54-46-02
54-46-02. Definitions
Status: in_force

54-46-02. Definitions

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

1. "Agency" means any department, office, commission, board, or other unit, however

designated, of the executive branch of state government, including the state board of

higher education and the entities under the control of the state board of higher

education.

2. "Data" does not include malware or regulated information as defined under section

54-59.1-01.

3. "Departmental agency" means an agency, not including a board or commission as

defined by titles 4.1 and 43.

4. "Record" means document, book, paper, photograph, electronic mail or

communication, sound recording or other material, regardless of physical form or

characteristics, made or received pursuant to law or in connection with the transaction

of official business activities, policies, or decisions that provide administrative,

operational, fiscal, historical, audit, or business value. Library and museum material

made or acquired and preserved solely for reference or exhibition purposes, extra

copies of documents preserved only for convenience of reference, nonbusiness-

related or draft electronic messages and stocks of publications and of processed

documents are not included within the definition of records as used in this chapter.

5. "State record" means:

a. A record of a department, office, commission, board, or other agency, however

designated, of the state government.

b. A record of the state legislative assembly held by an agency.

c. A record of any court of record, whether of statewide or local jurisdiction.

d. Any other record designated or treated as a state record under state law.
N.D. Cent. Code § 54-68-09 — ND Code / Title 54 / Chapter 54-68 / Section 54-68-09
54-68-09. Immunity
Status: in_force

54-68-09. Immunity

1. A person who in good faith provides information or testimony regarding a guardian's or

conservator's misconduct or lack of professionalism is not subject to civil liability.

2. An employee of the office, a member of the review board, or an agent of the review

board acting in good faith is not subject to civil liability.
N.D. Cent. Code § 54-03-01.12 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-01.12
54-03-01.12. Legislative districts
Status: repealed

54-03-01.12. Legislative districts

Repealed by S.L. 2021, ch. 563, § 3.
N.D. Cent. Code § 54-10-28 — ND Code / Title 54 / Chapter 54-10 / Section 54-10-28
54-10-28. Information technology responsibilities
Status: in_force

54-10-28. Information technology responsibilities

The state auditor may:

1. Conduct information technology compliance reviews, as determined necessary by the

information technology committee, by conducting individual agency audits of

information technology management, information technology planning, compliance

with information technology plans, and compliance with information technology

standards and policies and conducting statewide agency audits of compliance with

specific information technology standards and policies.

2. Consult with the information technology department on audits of compliance with

information technology plans and compliance with information technology standards

and policies.

3. Participate in the information technology department's enterprise architecture process

for developing information technology standards and policies.

4. Monitor major information technology projects for compliance with project

management and information technology standards and policies.

5. Present results of information technology compliance reviews to the information

technology committee.
N.D. Cent. Code § 54-07-04 — ND Code / Title 54 / Chapter 54-07 / Section 54-07-04
54-07-04. Salary of governor
Status: in_force

54-07-04. Salary of governor

The annual salary of the governor is one hundred sixty-three thousand one hundred seven

dollars through June 30, 2026, and one hundred sixty-eight thousand dollars thereafter.
N.D. Cent. Code § 54-44.4-05 — ND Code / Title 54 / Chapter 54-44.4 / Section 54-44.4-05
54-44.4-05. Competitive, limited competitive, noncompetitive, and negotiated purchases - Exempt records
Status: in_force

54-44.4-05. Competitive, limited competitive, noncompetitive, and negotiated

purchases - Exempt records.

1. Except as otherwise provided in sections 12-48-03.1 and 44-08-01, chapter 25-16.2,

and this chapter, purchasing contracts must be awarded through a competitive bidding

process to the lowest responsible bidder considering conformity with specifications

and terms of delivery, unless it is advantageous to the state to select a contractor

through a request for a competitive proposal process pursuant to section 54-44.4-10.

Notwithstanding this section, the director of the office of management and budget or

the director's designee may determine a different procurement process is in the best

interest of the state and shall document the circumstances, procurement process, and

basis for contract award in the procurement file.

2. The procurement officer may reject any or all bids or proposals or negotiate for a lower

price with a successful bidder or offeror. Each bid or proposal received, with the name

of the bidder or offeror, must be recorded. The office of management and budget may

enter into term contracts for the acquisition of commodities or services and may make

multiple awards for term commodity or service contracts when it deems a multiple

award to be in the best interests of the state.

3. All bids and proposals received under this chapter pursuant to a competitive

solicitation are exempt records under subsection 5 of section 44-04-17.1 except as

otherwise provided under subsection 6 of section 44-04-18.4.

4. The office of management and budget shall adopt rules specifying the circumstances

under which competition may be waived or limited, when negotiation may be used,

and specifying the required justifications and procedures for using those methods of

purchasing. The office of management and budget shall adopt rules related to sending

notice of intent to make limited competitive, noncompetitive, and negotiated purchases

in accordance with this chapter. The notice must describe the needed commodity or

service and the intended procurement method and must state that persons are

permitted to submit bids or proposals for contracts to be awarded under this section.

The circumstances that may permit limited competitive, noncompetitive, or negotiated

purchases include:

a. The commodity or service is available from only one source.

b. The commodity or service is to be purchased for experimentation or trial.

c. No acceptable bid or proposal was received pursuant to a competitive bidding or

competitive proposal process.

d. Commodities are being purchased for over-the-counter resale.

e. Acceptable commodities or services produced or provided by prison industries

under section 12-48-03.1, other government agencies, or a work activity center

as defined in section 25-16.2-01.

f. The anticipated cost of purchasing specified commodities or services is less than

an amount determined by the office of management and budget which would

justify the expense of a competitive bidding or competitive proposal process.

g. A used commodity is advantageous to the state and the commodity is available

only on short notice.

h. The commodity is a component or replacement part for which there is no

commercially available substitute and which can be obtained only from the

manufacturer.

i. Compatibility with equipment currently owned by the state is essential to the

proper functioning of that equipment.

j. The agency provides documentation indicating that the services or the

circumstances are of such a nature that deviation from the procurement

procedure is appropriate.

k. Recurring support costs associated with implemented information technology

solutions, including licensing, service agreements, maintenance, and

subscriptions for software as a service, platform as a service, and infrastructure

as a service. This includes recurring costs for software or firmware required for

proper functioning of currently owned equipment.

l. Contracts for specialized equipment, machinery, and materials required for

manufacturing, production, and distribution by the North Dakota mill and elevator

association under section 54-18-02 or prison industries under section 12-48-03.1.

m. Purchases of copyrighted printed and electronic books, periodicals, subscriptions

to publications, subscriptions to information services, prerecorded audio and

video materials, state library materials, and state library online resources,

including purchases for libraries operated by state agencies, institutions of higher

education, and other public libraries.
N.D. Cent. Code § 54-52.6-09.6 — ND Code / Title 54 / Chapter 54-52.6 / Section 54-52.6-09.6
54-52.6-09.6. Participation by temporary employees
Status: in_force

54-52.6-09.6. Participation by temporary employees

A temporary employee may elect, within one hundred eighty days of beginning employment,

to participate in the defined contribution retirement plan under this chapter. Monthly, the

temporary employee shall contribute an amount equal to nine and twenty-six hundredths

percent times the temporary employee's present monthly salary, and may elect to contribute up

to an additional six percent. An employer may not pay the temporary employee's contribution. A

temporary employee may continue to participate as a temporary employee until termination of

employment or reclassification of the temporary employee as a permanent employee.
N.D. Cent. Code § 54-02-19 — ND Code / Title 54 / Chapter 54-02 / Section 54-02-19
54-02-19. State insect
Status: in_force

54-02-19. State insect

The convergent lady beetle, hippodamia convergens, commonly known as a ladybug, is the

official insect of the state of North Dakota.
N.D. Cent. Code § 54-52-18 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-18
54-52-18. Apportionment of benefits
Status: repealed

54-52-18. Apportionment of benefits

Repealed by S.L. 1977, ch. 499, § 17.
N.D. Cent. Code § 54-59-10 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-10
54-59-10. Information technology coordinators
Status: in_force

54-59-10. Information technology coordinators

Each agency or institution shall appoint an information technology coordinator. The

coordinator shall maintain liaison with the department and assist the department in areas related

to making the most economical use of information technology.
N.D. Cent. Code § 54-10-04 — ND Code / Title 54 / Chapter 54-10 / Section 54-10-04
54-10-04. Legislative assembly to provide for audit of state auditor's office
Status: in_force

54-10-04. Legislative assembly to provide for audit of state auditor's office

The legislative assembly shall provide for the employment by contract of a public

accountant or accountants to conduct a postaudit of the office of the state auditor. A copy of

such audit report must be filed with the governor and with each house of the legislative

assembly.
N.D. Cent. Code § 54-52.1-04.18 — ND Code / Title 54 / Chapter 54-52.1 / Section 54-52.1-04.18
54-52.1-04.18. Health insurance benefits coverage - Insulin drug and supply out-of-pocket limitations
Status: in_force

54-52.1-04.18. Health insurance benefits coverage - Insulin drug and supply out-of-

pocket limitations.

The board shall provide health insurance benefits coverage that provides for insulin drug

and medical supplies for insulin dosing and administration as provided under section

26.1-36-09.16.
N.D. Cent. Code § 54-44.1-18 — ND Code / Title 54 / Chapter 54-44.1 / Section 54-44.1-18
54-44.1-18. Searchable database of expenditures
Status: in_force

54-44.1-18. Searchable database of expenditures

1. The director of the budget shall develop and make publicly available an aggregate and

searchable budget database website that includes the following information for the

biennium:

a. Each budget unit making expenditures.

b. The amount of funds expended.

c. The source of the funds expended.

d. The budget program of the expenditure.

e. Any other information determined relevant by the director of the budget.

2. The director of the budget shall include the name and city of the recipient of each

expenditure in the budget database website after the director has completed

implementation of a business intelligence component to the state's financial reporting

system.

3. The director of the budget may not include in the database any information that is

confidential or exempt under state or federal law.

4. The director of the budget may update the budget database website as new data

becomes available. Each state agency shall provide to the director of the budget any

data required to be included in the budget database website no later than thirty days

after the data becomes available to the agency.

5. By January first of each even-numbered year, the director of the budget shall add data

for the previous biennium to the budget database website. The director of the budget

shall ensure that all data added to the budget database website remains accessible to

the public for a minimum of ten years.

6. The budget database website may not redirect users to any other government website,

unless the website has information from all budget units and each category of

information required can be searched electronically by field in a single search.
N.D. Cent. Code § 54-17.2-12 — ND Code / Title 54 / Chapter 54-17.2 / Section 54-17.2-12
54-17.2-12. Tax exemption of commission's property
Status: in_force

54-17.2-12. Tax exemption of commission's property

All property owned by the commission is exempt from taxation.
N.D. Cent. Code § 54-23.3-09 — ND Code / Title 54 / Chapter 54-23.3 / Section 54-23.3-09
54-23.3-09. Reports regarding new programs
Status: repealed

54-23.3-09. Reports regarding new programs

Repealed by S.L. 2017, ch. 373, § 4.
N.D. Cent. Code § 54-17.2-19 — ND Code / Title 54 / Chapter 54-17.2 / Section 54-17.2-19
54-17.2-19. Restrictions on obligation stated on face of evidences of indebtedness
Status: in_force

54-17.2-19. Restrictions on obligation stated on face of evidences of indebtedness

Evidences of indebtedness must state upon their face that they are payable solely from

moneys derived by the commission as provided in this chapter. Evidences of indebtedness must

state upon their face that they do not constitute an obligation of the state within the meaning of

any statutory or constitutional provision.
N.D. Cent. Code § 54-23.4-18 — ND Code / Title 54 / Chapter 54-23.4 / Section 54-23.4-18
54-23.4-18. Filing false claim or false statements - Penalty
Status: in_force

54-23.4-18. Filing false claim or false statements - Penalty

Any claimant who knowingly makes a false claim, or a false statement in connection with

any claim, is guilty of a class A misdemeanor. In addition to any other penalties provided by law,

the claimant who violates this section forfeits any compensation paid under this chapter and

must reimburse the program for any benefits paid.
N.D. Cent. Code § 54-52.1-08.2 — ND Code / Title 54 / Chapter 54-52.1 / Section 54-52.1-08.2
54-52.1-08.2. Uniform group insurance program - Compliance with federal requirements - Group purchasing arrangements
Status: in_force

54-52.1-08.2. Uniform group insurance program - Compliance with federal

requirements - Group purchasing arrangements.

If the board determines that any section or the phraseology of any section of this chapter

does not comply with applicable federal statutes or rules, the board shall adopt appropriate

terminology with respect to that section to comply with the federal statutes or rules, subject to

the approval of the legislative management's employee benefits programs committee. The

board may assume responsibility for group purchasing arrangements as provided by federal

law. Any plan modifications made by the board under this section are effective until the effective

date of any measure enacted by the legislative assembly providing the necessary amendments

to this chapter to ensure compliance with the federal statutes or rules.
N.D. Cent. Code § 54-12-13 — ND Code / Title 54 / Chapter 54-12 / Section 54-12-13
54-12-13. Special assistant attorneys general report of salaries and expenses
Status: in_force

54-12-13. Special assistant attorneys general report of salaries and expenses

All departments that pay salaries or expenses of special assistant attorneys general shall

report all such expenditures monthly to the attorney general upon such forms as must be

prescribed by the attorney general. And all such salaries and expenses must be approved by

the attorney general.
N.D. Cent. Code § 54-34.3-12 — ND Code / Title 54 / Chapter 54-34.3 / Section 54-34.3-12
54-34.3-12. Value-added agriculture promotion board
Status: repealed

54-34.3-12. Value-added agriculture promotion board

Repealed by S.L. 2011, ch. 439, § 7.
N.D. Cent. Code § 54-45-00.1 — ND Code / Title 54 / Chapter 54-45 / Section 54-45-00.1
54-45-00.1. Civil air patrol defined - Declaration of policy
Status: in_force

54-45-00.1. Civil air patrol defined - Declaration of policy

"Civil air patrol" means the private nonprofit corporation chartered under federal law

[36 U.S.C. 201-208]. It is the purpose of this chapter to declare the intent of the state of North

Dakota to continue to provide financial support to the North Dakota wing of the civil air patrol to

enable the civil air patrol to continue to provide to the state of North Dakota communications

services, cadet training, disaster relief, search and rescue missions or assistance, and other

related functions within the scope of the activity of the civil air patrol and administrative support

personnel necessary to support these services and functions.
N.D. Cent. Code § 54-10-30 — ND Code / Title 54 / Chapter 54-10 / Section 54-10-30
54-10-30. State board of higher education audits - Higher education audit division
Status: in_force

54-10-30. State board of higher education audits - Higher education audit division

1. The state auditor shall establish a higher education audit division and employ a

division audit manager to perform all audit related functions of the state board of

higher education, including the examination and evaluation of the adequacy and

effectiveness of the board's governance, risk management, internal controls,

performance of constitutionally and statutorily required duties, and other areas as

determined by the state auditor. The audit manager shall conduct audits, as

determined appropriate by the state auditor, of each institution under the supervision

and control of the state board of higher education. The audit manager may consult

with the state board of higher education, or a committee designated by the board,

regarding audit plans, results of audit activities, and any other appropriate issue. The

state auditor shall determine the audit scope and related audit areas of any audit

conducted by the audit manager. This section does not require the state auditor to

perform any duties that would compromise the auditor's independence under

government auditing standards.

2. The audit manager may access and examine any record under the control of the state

board of higher education. For purposes of reviewing records under the Family

Educational Rights and Privacy Act [20 U.S.C. 1232g; 34 CFR 99] or any other federal

privacy law, the audit manager must be considered a state educational official

authorized to access student records for audit purposes.

3. The state auditor may hire employees necessary to carry out the duties and

responsibilities of this section. The state auditor may hire consultants to assist with any

duties required under this section subject to approval by the legislative audit and fiscal

review committee. The state board of higher education shall pay for the cost of any

consultant approved under this section.

4. This section does not prohibit the state board of higher education from employing

internal audit staff or contracting for internal audit services.
N.D. Cent. Code § 54-06-01 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-01
54-06-01. Definitions
Status: in_force

54-06-01. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Appointed or appointive state officers and members of appointive state boards,

bureaus, and commissions, and deputies, assistants, secretaries, clerks, and

employees" includes all persons whose office or employment is held by virtue of any

appointment or employment however made, other than an election by the voters of the

state, whether or not such office or employment is created by an act of the legislative

assembly.

2. "Elected and elective state officers" includes the governor, the lieutenant governor, the

attorney general, the secretary of state, the state auditor, the state treasurer, the

superintendent of public instruction, the agriculture commissioner, the insurance

commissioner, the tax commissioner, and three public service commissioners.
N.D. Cent. Code § 54-14-07 — ND Code / Title 54 / Chapter 54-14 / Section 54-14-07
54-14-07. Office of the budget to set policy - Standard vouchers - Disapproval of claims
Status: in_force

54-14-07. Office of the budget to set policy - Standard vouchers - Disapproval of

claims.

In order to ensure that sufficient information is provided to verify claims and determine the

exact purpose of expenditures, the office of the budget shall set policies which it deems

necessary for an adequate accounting and shall direct the preparation of standard forms or

vouchers upon which claims against any public fund must be submitted. The office of the budget

may direct individuals or departments to maintain adequate records which they may be called

upon to produce for preaudit or postaudit purposes in order to verify any information submitted

upon travel vouchers or verify the correctness and lawfulness of the expenditures. The

department, institution, board, commission, or agency to which a voucher is submitted shall

disapprove all vouchers or expenditures it determines to be in error, unlawful, or in excess of the

limits of legislative appropriation.
N.D. Cent. Code § 54-23.4-14 — ND Code / Title 54 / Chapter 54-23.4 / Section 54-23.4-14
54-23.4-14. Tentative awards
Status: in_force

54-23.4-14. Tentative awards

If the division determines that the claimant will suffer financial hardship unless a tentative

award is made, and it appears likely that a final award will be made, an amount may be paid to

the claimant which must be deducted from the final award or repaid by and recoverable from the

claimant to the extent that it exceeds the final award.
N.D. Cent. Code § 54-24.2-02.3 — ND Code / Title 54 / Chapter 54-24.2 / Section 54-24.2-02.3
54-24.2-02.3. Calculation of payment - Expenditures
Status: in_force

54-24.2-02.3. Calculation of payment - Expenditures

The state librarian may recalculate and adjust each eligible public library grant formula

based on a successful appeal by a public library determined to be ineligible. Within thirty days

after notification from the state librarian of a public library's ineligibility to receive grant funds, the

ineligible public library shall submit the appeal. The state librarian shall apply the difference

between the initial calculated grant formula and the recalculated grant formula to the next

available grant formula payment.
N.D. Cent. Code § 54-59-38 — ND Code / Title 54 / Chapter 54-59 / Section 54-59-38
54-59-38. Statewide longitudinal data system committee - Information technology department
Status: repealed

54-59-38. Statewide longitudinal data system committee - Information technology

department.

Repealed by S.L. 2025, ch. 479, § 39.
N.D. Cent. Code § 54-35-15 — ND Code / Title 54 / Chapter 54-35 / Section 54-35-15
54-35-15. Information technology program - Staff - Powers and duties
Status: in_force

54-35-15. Information technology program - Staff - Powers and duties

1. The legislative council shall provide information technology research and staff services

to the legislative branch. The services must be provided in accordance with the

existing statutory authority of the legislative council and within the framework of its

other staff services.

2. The legislative council shall provide information technology services, may hire such

staff as are necessary, and set compensation for any additional staff within the limits of

legislative appropriations.

3. The legislative council shall structure the provision of information technology services

and assistance to the legislative assembly and shall receive such cooperation and

assistance from other state agencies as the council reasonably may request.
N.D. Cent. Code § 54-21.2-03.1 — ND Code / Title 54 / Chapter 54-21.2 / Section 54-21.2-03.1
54-21.2-03.1. Heating, ventilation, and air-conditioning interoperability standards for public buildings
Status: in_force

54-21.2-03.1. Heating, ventilation, and air-conditioning interoperability standards for

public buildings.

Except as provided in subsection 2 of section 54-21.2-02, any new construction or any

remodeling of a public building which affects the heating, ventilation, or air-conditioning systems

in the building and which is paid for using any state funds must be constructed to include open

protocol heating, ventilation, and air-conditioning systems that provide for interoperability of the

systems.
N.D. Cent. Code § 54-16-10 — ND Code / Title 54 / Chapter 54-16 / Section 54-16-10
54-16-10. Departmental emergency funds - Penalty
Status: repealed

54-16-10. Departmental emergency funds - Penalty

Repealed by S.L. 2003, ch. 670, § 10.
N.D. Cent. Code § 54-44-14 — ND Code / Title 54 / Chapter 54-44 / Section 54-44-14
54-44-14. Director may sell, lease, exchange, or transfer title or use to all or part of the san haven properties
Status: in_force

54-44-14. Director may sell, lease, exchange, or transfer title or use to all or part of

the san haven properties.

The director of the office of management and budget, with the approval of the governor, is

authorized to sell, lease, exchange, or transfer title or use of any part or all of the san haven

facilities and properties, located in sections nineteen, twenty-nine, and thirty, township one

hundred sixty-two north, range seventy-two west, located in Rolette County, North Dakota, to

the federal government or any public or private agency, organization, or business enterprise or

any worthy undertaking, under the following provisions:

1. The transaction is exempt from the provisions of sections 54-01-05.2 and 54-01-05.5.

2. All required legal documents, papers, and instruments in any transaction must be

reviewed and approved as to form and legality by the attorney general.

3. Any funds realized by any transaction must be deposited in the state's general fund.
N.D. Cent. Code § 54-27-02 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-02
54-27-02. County treasurers must remit state funds collected or in their hands
Status: in_force

54-27-02. County treasurers must remit state funds collected or in their hands

All funds collected by or in the hands of the treasurer of any county in this state must be

remitted promptly by the county treasurer in the manner provided by law, without expense to the

state, and at the risk of the county treasurer. The county treasurer must be allowed actual

expenses by the board of county commissioners.
N.D. Cent. Code § 54-52.4-02 — ND Code / Title 54 / Chapter 54-52.4 / Section 54-52.4-02
54-52.4-02. Family leave
Status: in_force

54-52.4-02. Family leave

1. An employer shall grant an employee's request for a family leave of absence for any of

the following reasons:

a. To care for the employee's child by birth, if the leave concludes within twelve

months of the child's birth.

b. To care for a child placed with the employee, by a child-placing agency licensed

under chapter 50-12, for adoption or as a precondition to adoption under section

14-15-12, but not both, or for foster care, if the leave concludes within twelve

months of the child's placement.

c. To care for the employee's child, spouse, or parent if the child, spouse, or parent

has a serious health condition.

d. Because of the employee's serious health condition that makes the employee

unable to perform the functions of the employee's job.

e. Because of the death of the employee's child, if the leave concludes within six

months of the child's death.

f. To care for the employee's child, regardless of age, spouse, or parent who is a

covered service member or veteran with a serious injury or illness under the

definition of serious injury or illness for a military service member or veteran as

adopted by the United States department of labor.

2. Except as otherwise provided under this section, for any combination of reasons

specified in subsection 1, an employee may take family leave in any twelve-month

period for not more than twelve workweeks. The twelve weeks of family leave may be

taken intermittently for leave under subdivision a or b of subsection 1 if approved by

the employer. The twelve weeks of family leave may be taken intermittently for leave

under subdivision c or d of subsection 1 if the leave is medically necessary. The twelve

weeks of family leave taken under subdivision e of subsection 1 may be taken

intermittently if approved by the employer. If an employee normally works a part-time

schedule or variable hours, the amount of leave to which an employee is entitled must

be determined on a pro rata or proportional basis by comparing the new schedule with

the employee's normal schedule.

3. Notwithstanding the twelve-workweek limitation under subsections 2 and 4, leave

under subdivision f of subsection 1 is limited to a combined twenty-six workweeks of

leave in any twelve-month period and is limited to once per service member or veteran

per serious injury or illness.

4. In any case in which a husband and wife entitled to family leave under this chapter are

employed by the same employer, the aggregate period of family leave to which both

are entitled may be limited by the employer to twelve workweeks during any

twelve-month period.

5. An employee reasonably shall consider the needs of the employer in scheduling family

leave under this section or in using leave under section 54-52.4-03.

6. The family leave required by this chapter is not required to be granted with pay unless

otherwise specified by agreement between the employer and employee, by collective

bargaining agreement, or by employer policy.

7. The family leave required by this chapter supplements any leave otherwise available

to an employee.
N.D. Cent. Code § 54-44-01 — ND Code / Title 54 / Chapter 54-44 / Section 54-44-01
54-44-01. Responsibility of the office of management and budget
Status: in_force

54-44-01. Responsibility of the office of management and budget

The office of management and budget is to be a central authority, vested with the control

and supervision of the fiscal administration of the executive branch of the government, and is

directly responsible to the governor. The office of the state auditor has the primary responsibility

of conducting a true independent postaudit of all the executive departments and agencies. The

responsibility of collecting additional taxes is consolidated and vested in the office of the state

tax commissioner.

This chapter must be liberally construed in a manner which will implement this section.
N.D. Cent. Code § 54-35-23 — ND Code / Title 54 / Chapter 54-35 / Section 54-35-23
54-35-23. Committee on tribal and state relations - Membership - Duties
Status: in_force

54-35-23. Committee on tribal and state relations - Membership - Duties

1. The committee on tribal and state relations is composed of seven members as follows:

a. A chairman designated by the chairman of the legislative management;

b. Three members of the house of representatives, two of whom must be selected

by the leader representing the majority faction of the house of representatives

and one of whom must be selected by the leader representing the minority faction

of the house of representatives; and

c. Three members of the senate, two of whom must be selected by the leader

representing the majority faction of the senate and one of whom must be selected

by the leader representing the minority faction of the senate.

2. The committee shall meet at such times and places as determined by the chairman.

The legislative council shall provide staffing for the committee.

3. The committee shall conduct joint meetings with the North Dakota tribal governments'

task force to study tribal-state issues, including government-to-government relations,

human services, education, corrections, and issues related to the promotion of

economic development and shall evaluate the feather alert notice, regarding missing

indigenous individuals, under chapter 54-67. After the joint meetings have concluded,

the committee shall meet to prepare a report on its findings and recommendations,

together with any legislation required to implement those recommendations, to the

legislative management.

4. The members of the committee are entitled to compensation from the legislative

council for attendance at committee meetings at the rate provided for members of the

legislative assembly for attendance at interim committee meetings and are entitled to

reimbursement for expenses incurred in attending the meetings in the amounts

provided by law for other state officers.

5. a. The North Dakota tribal governments' task force is composed of six members as

follows:

(1) The executive director of the Indian affairs commission, or the executive

director's designee;

(2) The chairman of the Standing Rock Sioux Tribe, or the chairman's designee;

(3) The chairman of the Spirit Lake Tribe, or the chairman's designee;

(4) The chairman of the Three Affiliated Tribes of the Fort Berthold Reservation,

or the chairman's designee;

(5) The chairman of the Turtle Mountain Band of Chippewa Indians, or the

chairman's designee; and

(6) The chairman of the Sisseton-Wahpeton Oyate of the Lake Traverse

Reservation, or the chairman's designee.

b. If the executive director of the Indian affairs commission or any of the tribal

chairmen appoint a designee to serve on the task force, only one individual may

serve as that designee during the biennium. A substitute designee may be

appointed by the executive director of the Indian affairs commission or a tribal

chairman in the event of the death, incapacity, resignation, or refusal to serve of

the initial designee.
N.D. Cent. Code § 54-03-33 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-33
54-03-33. Certification of delegates to United States convention of the states
Status: in_force

54-03-33. Certification of delegates to United States convention of the states

1. If a convention of the states is called pursuant to article V of the United States

Constitution, the legislative assembly or an official designated by the legislative

assembly shall certify each delegate and alternate delegate from this state to the

convention and provide a written copy of the certification to each delegate and

alternate delegate and to the convention. If a delegate is ineligible or unwilling to serve

as a delegate at the convention, the legislative assembly or the official designated by

the legislative assembly shall certify an alternate delegate to replace the delegate and

immediately provide a copy of the certification to the delegate and the convention.

2. If a delegate is rendered ineligible to serve under subsection 4, the delegate's

certification must provide notice to the convention that any vote or other action taken

by that delegate should be considered void.

3. An individual who has not been certified under this section may not serve as a

delegate at the convention.

4. As a condition of being eligible for consideration or selection as a delegate or alternate

delegate, each delegate and alternate delegate shall execute the following oath:

I do solemnly swear or affirm that I will, to the best of my abilities, support the United

States Constitution and the Constitution of North Dakota and I will not vote to allow

consideration of or consider or approve any unauthorized amendment proposed for

ratification to the United States Constitution. I understand that a violation of this oath

will result in my being rendered ineligible to serve as a delegate at the convention as

well as subject me to additional penalties under the laws of North Dakota.

5. A delegate at the convention may not vote to allow consideration of or consider or

approve any unauthorized amendment. An "unauthorized amendment" means:

a. A proposed amendment that varies from the exact text of the amendment

contained in the application made by the legislative assembly, which limits the

convention to approving or disapproving that exact text, or if the legislative

assembly did not make the application, the exact text of the amendment

contained in the applications relied upon by the United States Congress in calling

the convention, if the application contains exact text for a proposed amendment;

or

b. A proposed amendment that is outside the permitted subject matter of the

application made by the legislative assembly, or if the legislative assembly did not

make the application, the permitted subject matter of the applications relied upon

by the United States Congress in calling the convention and as the subject matter

may be further defined by the legislative assembly or an official designated by the

legislative assembly, in instructions adopted by the legislative assembly by

concurrent resolution and provided to each delegate and alternate delegate.

6. The legislative assembly or an official designated by the legislative assembly shall

provide guidance upon the request of any delegate or alternate delegate as to whether

a proposed amendment is within the permitted subject matter of the convention.

7. A delegate casting or attempting to cast a vote at a convention in violation of this

section must be rendered ineligible to continue to serve as a delegate and must be

immediately removed from office and replaced by an alternate delegate as provided

under this section. A vote cast by a delegate at a convention which is in violation of this

section is void.
N.D. Cent. Code § 54-57-01 — ND Code / Title 54 / Chapter 54-57 / Section 54-57-01
54-57-01. Office of administrative hearings - Agency defined - Administrative agency defined
Status: in_force

54-57-01. Office of administrative hearings - Agency defined - Administrative agency

defined.

1. A state office of administrative hearings is created.

2. The office is under the direction of a director of administrative hearings who must be

free of any association that would impair the director's ability to function officially in a

fair and objective manner. The director must be an attorney at law in good standing,

admitted to the bar in this state, and currently licensed by the state board of law

examiners. The director of administrative hearings must be appointed by the governor

and confirmed by the senate and shall hold office for a term of six years, the term

beginning July first of the year of appointment and ending June thirtieth of the sixth

calendar year after appointment.

3. The director of administrative hearings may preside as an administrative law judge at

administrative hearings and may employ or appoint additional administrative law

judges to serve in the office as necessary to fulfill the duties of office as described in

section 54-57-04 and section 28-32-31 and to provide administrative law judges to

preside at administrative hearings as requested by agencies. The director of

administrative hearings may employ or appoint only such additional administrative law

judges who are attorneys at law in good standing, admitted to the bar in the state, and

currently licensed by the state board of law examiners. Administrative law judges

employed by the director before August 1, 1995, need not be attorneys at law and may

be designated by the director to preside at any administrative proceedings or

adjudicative proceedings under section 54-57-03. The director may delegate to an

employee the exercise of a specific statutory power or duty as deemed advisable,

subject to the director's control, including the powers and duties of a deputy director.

All administrative law judges must be classified employees, except that the director of

administrative hearings must be an unclassified employee who only may be removed,

during a term of office, for cause. Each administrative law judge must have a

demonstrated knowledge of administrative practices and procedures and must be free

of any association that would impair the person's ability to function officially in a fair

and objective manner.

4. The director of administrative hearings may employ the necessary support staff

required by the office. Support staff must be classified employees.

5. The director of administrative hearings shall develop categories of positions in the

classified service under class titles for the appointment or employment of

administrative law judges and support staff in consultation with and approved by the

director of North Dakota human resource management services, including the salary

to be paid for each position or category of position.

6. The director shall file a report with the governor and the state advisory council for

administrative hearings not later than the first day of December of each odd-numbered

year. The report must provide information regarding all administrative hearings

conducted by the office of administrative hearings during the previous biennium. The

report must provide information regarding meeting case processing guidelines for each

agency, the cost of hearings for each agency, the decisions issued for each agency,

and the results of the office of administrative hearings' service survey.

7. In this chapter, unless the context or subject matter otherwise requires, "agency"

means each board, bureau, commission, department, or other administrative unit of

the executive branch of state government whether headed by an appointed or elected

official.

8. In this chapter, unless the context or subject matter otherwise requires, "administrative

agency" means that term as defined in section 28-32-01.
N.D. Cent. Code § 54-17.2-21 — ND Code / Title 54 / Chapter 54-17.2 / Section 54-17.2-21
54-17.2-21. Allocation of sales, use, and motor vehicle excise tax revenues to capital construction fund
Status: repealed

54-17.2-21. Allocation of sales, use, and motor vehicle excise tax revenues to capital

construction fund.

Repealed by S.L. 1993, ch. 38, § 19.
N.D. Cent. Code § 54-46-13 — ND Code / Title 54 / Chapter 54-46 / Section 54-46-13
54-46-13. Rules for state and human service zone records - Administrator to adopt
Status: in_force

54-46-13. Rules for state and human service zone records - Administrator to adopt

The administrator shall adopt rules in accordance with chapter 28-32 for state and human

service zone records. The rules adopted by the administrator must be consistent with records

retention requirements imposed by federal law with respect to those records. The administrator,

prior to adoption, amendment, or repeal of rules concerning state and human service zone

records, shall consult with the commissioner of the department of health and human services or

commissioner's designee.
N.D. Cent. Code § 54-10-22.1 — ND Code / Title 54 / Chapter 54-10 / Section 54-10-22.1
54-10-22.1. State auditor's access to information relating to operations of governmental entities subject to audit
Status: in_force

54-10-22.1. State auditor's access to information relating to operations of

governmental entities subject to audit.

Notwithstanding any other specific sections of law, the state auditor and persons employed

by the state auditor, when necessary in conducting an audit, shall have access to all information

relating to operations of all governmental units or component units subject to audit except active

investigatory work product of the attorney general as defined in section 44-04-19.1 and financial

records and estate planning records a donor provides to a nonprofit organization affiliated with

an institution under the control of the state board of higher education which provides support to

and is organized and operated for the benefit of the institution. Except for active investigatory

work product of the attorney general as defined in section 44-04-19.1, tax records as described

in section 54-10-24, and all facts and information obtained or created by the department of

financial institutions under subsection 1 of section 6-01-07.1, the state auditor may inspect any

state agency's books, papers, accounts, or records that may be relevant to an ongoing audit of

any other state agency or computer system audit. The state auditor and persons employed by

the state auditor examining any information, which is confidential by law, shall guard the secrecy

of such information except when otherwise directed by judicial order or as is otherwise provided

by law.
N.D. Cent. Code § 54-52.6-09 — ND Code / Title 54 / Chapter 54-52.6 / Section 54-52.6-09
54-52.6-09. Contributions - Penalty
Status: in_force

54-52.6-09. Contributions - Penalty

1. a. A participating member who first joined the defined contribution retirement plan

before January 1, 2025, and an employee who elects to participate in the defined

contribution plan under section 54-52.6-02.2, shall contribute monthly seven

percent of the monthly salary or wage paid to the participant.

b. A participating member who first joined the defined contribution retirement plan

after December 31, 2024, except for an employee who elects to participate in the

defined contribution plan under section 54-52.6-02.2, shall contribute monthly

four percent of the monthly salary or wage paid to the participant. In addition, the

participating member may elect to contribute monthly up to an additional three

percent of the monthly salary or wage paid to the participant.

c. This assessment must be deducted from the participant's salary in equal monthly

installments commencing with the first month of participation in the defined

contribution retirement plan established under this chapter.

2. a. For a participating member who first joined the defined contribution retirement

plan before January 1, 2025, and for an employee who elects to participate in the

defined contribution plan under section 54-52.6-02.2, the employer shall

contribute an amount equal to seven and twelve-hundredths percent of the

monthly salary or wage of the participating member.

b. For a participating member who first joined the defined contribution retirement

plan after December 31, 2024, except for an employee who elects to participate

in the defined contribution plan under section 54-52.6-02.2, the employer shall

contribute an amount equal to four and twelve-hundredths percent of the monthly

salary or wage of a participating member, plus up to an additional three percent

as an employer matching contribution calculated based on the participating

member's election under subdivision b of subsection 1.

c. For a participating member first enrolled after December 31, 2019, the employer

contribution includes an additional increase of one and fourteen-hundredths

percent.

d. If the employee's contribution is paid by the employer under subsection 3, the

employer shall contribute, in addition, an amount equal to the required

employee's contribution. Monthly, the employer shall pay such contribution into

the participating member's account from the employer's funds appropriated for

payroll and salary or any other funds available for such purposes.

e. If the employer fails to pay the contributions monthly, or fails to otherwise comply

with the board's established wage reporting or payroll reporting process

requirements, the employer is subject to a civil penalty of fifty dollars and, as

interest, one percent of the amount due for each month of delay or fraction of a

month after the payment became due. In lieu of assessing a civil penalty or one

percent per month, or both, interest at the actuarial rate of return may be

assessed for each month the contributions are delinquent. If contributions are

paid within ninety days of the date the contributions became due, penalty and

interest to be paid on delinquent contributions may be waived.

3. Each employer, at its option, may pay the employee contributions required by this

section for all compensation earned after December 31, 1999. The amount paid must

be paid by the employer in lieu of contributions by the employee. If the employer

decides not to pay the contributions, the amount that would have been paid will

continue to be deducted from the employee's compensation. If contributions are paid

by the employer, they must be treated as employer contributions in determining tax

treatment under this code and the federal Internal Revenue Code. Contributions paid

by the employer may not be included as gross income of the employee in determining

tax treatment under this code and the federal Internal Revenue Code until they are

distributed or made available. The employer shall pay these employee contributions

from the same source of funds used in paying compensation to the employee. The

employer shall pay these contributions by effecting an equal cash reduction in the

gross salary of the employee or by an offset against future salary increases or by a

combination of a reduction in gross salary and offset against future salary increases.

Employee contributions paid by the employer must be treated for the purposes of this

chapter in the same manner and to the same extent as employee contributions made

before the date on which employee contributions were assumed by the employer. An

employer shall exercise its option under this subsection by reporting its choice to the

board in writing.
N.D. Cent. Code § 54-06-12 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-12
54-06-12. Publishing false statements - Penalty
Status: in_force

54-06-12. Publishing false statements - Penalty

No state official may publish willfully any false statement in regard to any state department,

institution, or industry which tends to deceive the public and create a distrust of any state official

or employee in charge of such department, institution, or industry, or which tends to obstruct,

hinder, and delay the various departments, institutions, and industries of the state. Any person

violating the provisions of this section is guilty of a class C felony.
N.D. Cent. Code § 54-07-01.4 — ND Code / Title 54 / Chapter 54-07 / Section 54-07-01.4
54-07-01.4. Office of management and budget to be designated or appointed as administering state agency
Status: in_force

54-07-01.4. Office of management and budget to be designated or appointed as

administering state agency.

The governor may designate or appoint the office of management and budget as the state

agency responsible for administering any statutory function if that function is not statutorily

placed in a specific state entity. The office of management and budget shall administer the

statutory functions received pursuant to this section in accordance with applicable statutory

provisions.
N.D. Cent. Code § 54-53-02 — ND Code / Title 54 / Chapter 54-53 / Section 54-53-02
54-53-02. Advisory transportation council - Composition
Status: in_force

54-53-02. Advisory transportation council - Composition

1. There is established a transportation council that shall serve in an advisory capacity to

the upper great plains transportation institute. The director of the institute shall serve

as the executive secretary of the council. The council shall elect its own chairman. The

council membership consists of one representative from and appointed by the

following:

a. The North Dakota chamber of commerce.

b. The North Dakota public service commission.

c. The North Dakota farmers union.

d. The North Dakota grain growers association.

e. The North Dakota wheat commission.

f. The North Dakota department of commerce.

g. The North Dakota grain dealers association.

h. The North Dakota motor carriers association.

i. The North Dakota aeronautics commission.

j. The North Dakota department of transportation.

k. The North Dakota department of agriculture.

l. The associated general contractors of North Dakota.

m. The North Dakota railway industry, appointed by the council.

n. The North Dakota primary sector of manufacturing, appointed by the council.

o. The North Dakota association of counties.

p. The North Dakota league of cities.

q. The lignite energy council.

r. A North Dakota member of the dakota transit association.

s. The North Dakota corn council.

2. Members of the council shall serve without pay, but they may receive reimbursement

for actual and necessary expenses incurred in the performance of their duties, if

authorized by the director.

3. The council shall consult with the institute in matters of policy affecting the

administration of this chapter and in the development of transportation in the state of

North Dakota. The council shall meet at the call of the chairman or director or upon the

written request of three or more members of the council.
N.D. Cent. Code § 54-52-17.2 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-17.2
54-52-17.2. Multiple plan membership - Eligibility for benefits - Amount of benefits
Status: in_force

54-52-17.2. Multiple plan membership - Eligibility for benefits - Amount of benefits

1. a. For the purpose of determining eligibility for benefits under this chapter, an

employee's years of service credit is the total of the years of service credit earned

in the public employees retirement system and the years of service credit earned

in any number of the following:

(1) The teachers' fund for retirement.

(2) The highway patrol troopers' retirement system.

(3) The teachers' insurance and annuity association of America - college

retirement equities fund (TIAA-CREF), for service credit earned while

employed by North Dakota institutions of higher education.

Service credit may not exceed twelve months of credit per year.

b. Subject to section 54-52-02.15 and pursuant to rules adopted by the board, an

employee who has service credit in the system and in any of the plans described

in paragraphs 1 and 2 of subdivision a is entitled to benefits under this chapter.

The benefits of a temporary employee employed after July 31, 2015, must be

calculated using the benefit formula in section 54-52-17. A permanent employee

or a temporary employee employed before August 1, 2015, may elect to have

benefits calculated using the benefit formula in section 54-52-17 under either of

the following methods:

(1) The final average salary as calculated in section 54-52-17. If the

participating member has worked for less than thirty-six months at

retirement, the final average salary is the average salary for the total months

of employment.

(2) The final average salary as calculated in section 54-52-17 for employment

with any of the three eligible employers under this subdivision, with service

credit not to exceed one month in any month when combined with the

service credit earned in the alternate retirement system.

The board shall calculate benefits for an employee under this subsection by using only

those years of service credit earned under this chapter.

2. a. If an employee who is eligible to participate in the public employees retirement

system is also employed in any position when membership in an alternate

retirement system is required, then, for purposes of current participation, the

employee is a member of each applicable retirement system. The employer shall

pay over to each retirement system the member assessment and employer

contributions at the rates currently existing for that retirement system.

b. If an employee described in subdivision a was employed prior to August 1, 2003,

and has dual membership rights, the employee may elect to begin participation in

the alternate plan pursuant to the plan provisions on August 1, 2003, or may

continue participation according to the plan provisions in effect on July 31, 2003.

An employee's election under this subdivision is ineffective unless delivered to

the public employees retirement system administrative offices by five p.m. on

October 31, 2003. If an election is not received by the public employees

retirement system, the participation and benefit calculation requirements in effect

on July 31, 2003, apply to that employee.
N.D. Cent. Code § 54-54-04 — ND Code / Title 54 / Chapter 54-54 / Section 54-54-04
54-54-04. Other employees - Appointment - Compensation
Status: in_force

54-54-04. Other employees - Appointment - Compensation

The chairman with the approval of the council may employ such officers, experts, and other

employees as may be needed to carry out the provisions of this chapter. The executive director

shall serve at the pleasure of the chairman and the chairman shall fix the compensation of the

executive director.
N.D. Cent. Code § 54-03-16 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-16
54-03-16. Legislative expense - Appropriation
Status: in_force

54-03-16. Legislative expense - Appropriation

There is appropriated out of any moneys in the state treasury, as a standing and continuing

appropriation, such sum as may be necessary to pay:

1. The mileage and per diem of the members of the legislative assembly;

2. The per diem of officers and employees of the legislative assembly;

3. The expense of investigating committees when authorized by the legislative assembly;

and

4. Necessary postage, express, telegrams, telephone, and such other miscellaneous

expenses as may be authorized by the legislative assembly, except printing.
N.D. Cent. Code § 54-01.1-01 — ND Code / Title 54 / Chapter 54-01.1 / Section 54-01.1-01
54-01.1-01. Declaration of policy
Status: in_force

54-01.1-01. Declaration of policy

The purpose of this chapter is to establish a uniform policy for the fair and equitable

treatment of persons displaced as a direct result of programs or projects undertaken by a state

agency so that displaced persons will not suffer disproportionate injuries as a result of programs

and projects designed for the benefit of the public as a whole and to minimize the hardship of

displacement by the acquisition of real property by state and local land acquisition programs, by

federally assisted building code enforcement programs, or by a program of voluntary

rehabilitation of buildings or other improvements conducted pursuant to governmental

supervision. The policy must be uniform as to:

1. Relocation payment;

2. Advisory assistance;

3. Assurance of availability of standard housing; and

4. State reimbursement for local relocation payments under state-assisted and local

programs.
N.D. Cent. Code § 54-17-43 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-43
54-17-43. Research technology park grant program - North Dakota state university - Report
Status: in_force

54-17-43. Research technology park grant program - North Dakota state university -

Report.

1. The industrial commission shall administer the research technology park grant

program. Subject to legislative appropriations, the industrial commission shall

distribute grant funding to the research technology park at North Dakota state

university. The research technology park shall use the funds in accordance with this

section.

2. The research technology park at North Dakota state university is created to conduct

exploratory, transformational, and innovative research and product development

activities that advance intelligent autonomous mobile equipment opportunities and

benefit the state's economy and environment through:

a. Exploratory research and development of technologies and methodologies that

facilitate the prudent development and efficient use of the state's autonomous

agriculture resources and defense capabilities;

b. Access to advanced robotics and artificial intelligence expertise for timely

scientific and engineering activities to support the state's interests; and

c. Education and outreach related to the state's advanced technology resources,

including the advancement of engineering and technical readiness.

3. Each biennium, the research technology park shall develop a plan for the use of funds

received under this section, including industry matching requirements. The plan must

be approved by the industrial commission.

4. The research technology park may:

a. Select research topics and projects;

b. Enter contracts or agreements with other institutions of higher education to

support the selected research topics and projects;

c. Enter contracts or agreements with federal, private, and nonprofit organizations to

carry out the selected research topics and projects; and

d. Accept donations, grants, contributions, and gifts from any source to finance the

selected research topics and projects.

5. Annually, the research technology park shall report all research activities, product

development, and accomplishments to the industrial commission and the legislative

management. Upon request, the research technology park shall report to the

appropriations committees of the legislative assembly on the use of funding under this

section.
N.D. Cent. Code § 54-52-02.6 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-02.6
54-52-02.6. Repurchase of past service upon re-employment
Status: in_force

54-52-02.6. Repurchase of past service upon re-employment

An individual who terminates participation in the plan may elect to receive a refund of the

member's account balance under subsection 7 of section 54-52-17 and thus forfeit all rights

under the retirement plan. An individual upon re-employment may elect to repurchase the

forfeited past service for retirement and the retiree health benefits program in accordance with

rules established by the board.
N.D. Cent. Code § 54-03-01.1 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-01.1
54-03-01.1. Numbering legislative districts - Classes of senators to provide staggered terms
Status: repealed

54-03-01.1. Numbering legislative districts - Classes of senators to provide staggered

terms.

Repealed by S.L. 1975, ch. 463, § 4.
N.D. Cent. Code § 54-21-08 — ND Code / Title 54 / Chapter 54-21 / Section 54-21-08
54-21-08. Official seal
Status: repealed

54-21-08. Official seal

Repealed by S.L. 1969, ch. 440, § 13.
N.D. Cent. Code § 54-52-02.2 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-02.2
54-52-02.2. Employee referendum - Authorization and supervision
Status: in_force

54-52-02.2. Employee referendum - Authorization and supervision

On their own motion or upon petition by twenty percent of the permanent political

subdivision employees or the permanent noncertified employees of any school district, the

political subdivision shall authorize and supervise a referendum of the permanent employees

employed by that political subdivision on the question whether the employees elect to

participate in the retirement system. If the majority of the employees vote in favor of participation

in the retirement system, the political subdivision, notwithstanding anything to the contrary in

chapter 40-46, may in its discretion enter into the agreement provided for in section 54-52-02.1.

Notwithstanding provisions to the contrary in chapters 18-05, 18-11, and 40-45, the police

department of any city, the fire department of any city, or both, may hold referendums among

their employees on the question of whether their department should join the remaining city

employees in participation in the retirement system established by this chapter. If a majority of

the city police or city firefighters, or both, vote in favor of such participation, the governing body

of the city must include the police and firefighters within any agreement entered into pursuant to

section 54-52-02.1 and must arrange for discontinuance of any existing police or firefighters'

pension fund as provided by law.
N.D. Cent. Code § 54-44.1-06 — ND Code / Title 54 / Chapter 54-44.1 / Section 54-44.1-06
54-44.1-06. Preparation of the budget data - Contents
Status: in_force

54-44.1-06. Preparation of the budget data - Contents

The director of the budget, through the office of the budget, shall prepare budget data which

must contain and include the following:

1. Summary statements of the financial condition of the state, accompanied by the

detailed schedules of assets and liabilities as the director of the budget determines

desirable, which must include the following:

a. Summary statements of fund balances and assets showing in detail for each fund

the surplus or deficit at the beginning of each of the two fiscal years of the

previous biennium and the first fiscal year of the present biennium, the actual

revenue for those years, the total appropriations for the previous and present

biennium, and the total expenditures for those fiscal years; and

b. Similar summary statements of the estimated fund balances and assets for the

current fiscal year and each of the fiscal years of the next biennium.

Summary statements may include a comparative consolidated balance sheet showing

all the assets and liabilities of the state and the surplus or deficit, as the case may be,

at the close of the first fiscal year of the current biennium.

2. Statements of actual revenue for the previous biennium, the first year of the present

biennium, and the estimated revenue of the current fiscal year and of the next

biennium, and a statement of unappropriated surplus expected to have accrued in the

state treasury at the beginning of the next fiscal year. The statement of unappropriated

surplus for the general fund must reflect any projected deficiency appropriations

relating to expenditures from the general fund for the present biennium. The

statements of revenue and estimated revenue must be classified by sources and by

budget unit collecting them. Existing sources of revenue must be analyzed as to their

equity, productivity, and need for revision, and any proposed new sources of revenue

must be explained.

3. Summary statements of expenditures of the previous biennium and first year of the

present biennium, itemized by budget units and classified as prescribed by the director

of the budget.

4. Detailed comparative statements of expenditures and requests for appropriations by

funds, budget units and classification of expenditures, showing the expenditures for

the previous biennium, the first fiscal year of the present biennium, the budget of the

current biennium, and the governor's recommendation for appropriations for each

budget unit for the next biennium, all distributed according to the prescribed

classification of expenditures. Following the lists of actual and proposed expenditures

of each budget unit there must be a brief explanation of the functions of the unit and

comments on its policies and plans and on any considerable differences among the

amounts recommended, with any descriptive, quantitative, comparative, and other

data as to work done, unit costs, and like information as may be considered necessary

or desirable. For capital outlay expenditures involving construction projects to be

completed in two or more fiscal years, there must be shown the total estimated cost of

each such project and the amount thereof recommended to be appropriated and

expended in each ensuing fiscal year until completion of the project. Capital outlay

needs may be projected for at least two years beyond the period covered by the

budget. The detailed comparative statements of budget units under the control of the

state board of higher education must include the same information presented for other

budget units.

5. A detailed statement showing the estimate of all moneys required to be raised or

appropriated for the payment of interest upon the funded debt of the state and its other

obligations bearing interest, and the amount of money required to be contributed in the

two next ensuing fiscal years to the general sinking funds maintained for the

redemption and payment of the debts of the state.

6. A summary statement of the unappropriated fund balance estimated to be available at

the beginning of the next biennium, and the estimated revenue of the next biennium,

as compared with the total recommended amounts of appropriation for all classes of

expenditures for the next biennium, and if the total of the recommended expenditures

exceeds the total of the estimated resources, recommendations as to how the

deficiency is to be met and estimates of any proposed additional revenue.

7. Drafts of a proposed general appropriations act and special appropriations acts

embodying the budget data and recommendations of the governor for appropriations

for the next biennium and drafts of such revenues and other acts recommended by the

governor for putting into effect the proposed financial plan. The recommended general

appropriation for each budget unit must be specified in a separate section of the

general appropriations act.

8. A list of every individual asset or service, excluding real estate, with a value of at least

fifty thousand dollars and every group of assets and services comprising a single

system with a combined value of at least fifty thousand dollars acquired through a

capital or operating lease arrangement or debt financing arrangement by a state

agency or institution. The list must include assets or services acquired in the current

biennium and anticipated assets or services to be acquired in the next biennium.

9. The number of permanent full-time employee positions and permanent part-time

employee positions authorized for each budget unit for the previous biennium and the

current biennium and proposed for the next biennium.

10. Any other information as the director of the budget determines desirable or as is

required by law.
N.D. Cent. Code § 54-17-07.4 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-07.4
54-17-07.4. Housing revenue bonds
Status: in_force

54-17-07.4. Housing revenue bonds

In order to fund its housing finance programs, the industrial commission is authorized to

issue and refund revenue bonds or evidences of debt and indebtedness of the state. The

principal of and interest on such bonds are payable only from revenues generated under the

applicable housing finance programs. The bonds may not constitute a debt of the state of North

Dakota and must contain a statement to that effect on their face. The bonds may be sold at

public or private sale, must mature not more than fifty years from their date or dates, and must

contain such terms and provisions as the commission shall determine. The commission may

capitalize from bond proceeds all expenses incidental to the issuance of the bonds or to the

applicable housing finance program, including, without limitation, any reserves for the payment

of the bonds.
N.D. Cent. Code § 54-44-04.9 — ND Code / Title 54 / Chapter 54-44 / Section 54-44-04.9
54-44-04.9. Financial reporting
Status: in_force

54-44-04.9. Financial reporting

To ensure that sufficient information is provided to the office of management and budget for

preparing an annual comprehensive financial statement and to ensure that the statewide

accounting system and budget system are compatible, the person in charge of any department,

agency, board, commission, college, university, or institution shall report all revenues and

expenditures through the use of the statewide accounting system. The revenues and

expenditures referred to in this section include all funds, including funds not appropriated.

Notwithstanding any other provision of law, if any statutory provision provides for

maintenance of a special fund in the state treasury the office of management and budget may

require that it not be maintained as a separate fund in the state treasury but that it be

maintained as a separate account for accounting purposes.

Any department, agency, board, commission, college, university, or institution that is not

presently using the statewide payroll system shall provide the director with current salary

information for all permanent and part-time employees when required to do so, in the format

designed by the director.
N.D. Cent. Code § 54-12-15 — ND Code / Title 54 / Chapter 54-12 / Section 54-12-15
54-12-15. Drug enforcement unit - Personnel - Duties
Status: repealed

54-12-15. Drug enforcement unit - Personnel - Duties

Repealed by S.L. 2009, ch. 125, § 4.
N.D. Cent. Code § 54-01-13 — ND Code / Title 54 / Chapter 54-01 / Section 54-01-13
54-01-13. Exchange of lands on Fort Berthold reservation
Status: in_force

54-01-13. Exchange of lands on Fort Berthold reservation

The state of North Dakota, through its several departments and agencies, is hereby

authorized and empowered to exchange tracts, sections, and parcels of land located within the

diminished borders of Fort Berthold reservation belonging to the state of North Dakota and not a

part of the original grant of lands to the state provided for in the Enabling Act, for lands of like

character and value belonging to the United States government located outside of the

diminished borders of said Fort Berthold reservation. Such exchange is subject to the approval

of the proper department of the federal government, and such lands must be appraised as

provided by law in the case of sale of real property owned by the state. 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 the giving of notice of exchange or

competitive bidding, and may accept in return therefor a proper instrument of conveyance to the

state of North Dakota of the land for which such lands are exchanged.
N.D. Cent. Code § 54-03-31 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-31
54-03-31. Federal health care reform law
Status: in_force

54-03-31. Federal health care reform law

1. The legislative assembly declares that the federal laws known as the Patient

Protection and Affordable Care Act [Pub. L. 111-148] and the Health Care and

Education Reconciliation Act of 2010 [Pub. L. 111-152] likely are not authorized by the

United States Constitution and may violate its true meaning and intent as given by the

founders and ratifiers.

2. The legislative assembly shall consider enacting any measure necessary to prevent

the enforcement of the Patient Protection and Affordable Care Act and the Health Care

and Education Reconciliation Act of 2010 within this state.

3. No provision of the Patient Protection and Affordable Care Act or the Health Care and

Education Reconciliation Act of 2010 may interfere with an individual's choice of a

medical or insurance provider except as otherwise provided by the laws of this state.
N.D. Cent. Code § 54-63.1-06 — ND Code / Title 54 / Chapter 54-63.1 / Section 54-63.1-06
54-63.1-06. Clean sustainable energy program - Access to records
Status: in_force

54-63.1-06. Clean sustainable energy program - Access to records

1. To the extent the commission or authority determines the materials or data consist of

trade secrets or commercial, financial, or proprietary information of individuals or

entities applying to or contracting with the commission or receiving commission

services under this chapter, materials and data submitted to, made by, or received by

the commission or authority, are not public records subject to section 44-04-18 and

section 6 of article XI of the Constitution of North Dakota, and are subject to section

44-04-18.4.

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

as confidential under subsection 1. The request must contain any information required

by the commission and must include at least the following:

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

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

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

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

means of other persons.

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

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

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

3. Any request under subsection 2 is confidential. The commission shall examine the

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

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

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

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

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

information and request are public record.

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

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

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

Dakota.
N.D. Cent. Code § 54-06-36 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-36
54-06-36. Honor guard leave
Status: in_force

54-06-36. Honor guard leave

Honor guard leave is an approved absence from work, with pay, of up to twenty-four

working hours per calendar year for an employee to participate in an honor guard for a funeral

service of a veteran. A governmental entity may grant a request for honor guard leave even if

the absence of the employee might interfere with the normal operations of the agency. This

section applies to each governmental entity that employs an individual in a position classified by

human resource management services.
N.D. Cent. Code § 54-34.3-16 — ND Code / Title 54 / Chapter 54-34.3 / Section 54-34.3-16
54-34.3-16. Life science industries - Promotion - Exemption
Status: in_force

54-34.3-16. Life science industries - Promotion - Exemption

The commissioner of commerce shall promote the development of life science industries in

this state. Life science industries include biotechnology, biomedical sciences, and

biopharmaceuticals. If any entity owns or operates an animal or research facility, the ownership

or operation does not violate the requirements of chapter 10-06.1, provided the commissioner

annually certifies to the secretary of state that:

1. a. The facility is licensed or registered with the United States department of

agriculture animal and plant health inspection service, as required by the Animal

Welfare Act;

b. The facility has an assurance on file with the United States public health service;

or

c. The facility is accredited by the association for assessment and accreditation of

laboratory animal care; and

2. The primary purpose of the facility involves the production of products for uses other

than human food consumption.
N.D. Cent. Code § 54-03.2-12 — ND Code / Title 54 / Chapter 54-03.2 / Section 54-03.2-12
54-03.2-12. Testimony
Status: in_force

54-03.2-12. Testimony

1. An investigating committee shall cause a record to be made of all proceedings in

which testimony or other evidence is demanded or adduced, which record must

include rulings of the chair, questions of the committee and its staff, the testimony or

responses of witnesses, sworn written statements submitted to the committee, and

such other matters as the committee or its chairman may direct.

2. All testimony given or adduced at a hearing must be under oath or affirmation unless

the requirement is dispensed with in a particular instance by majority vote of the

committee members present at the hearing.

3. Any member of an investigating committee may administer an oath or affirmation to a

witness at a hearing of such committee.

4. The presiding officer at a hearing may direct a witness to answer any relevant question

or furnish any relevant book, paper, or other document, the production of which has

been required by subpoena duces tecum. Unless the direction is overruled by majority

vote of the committee members present, disobedience constitutes a contempt.

5. A witness at a hearing or the witness's counsel, with the consent of a majority of the

committee members present at the hearing, may file with the committee for

incorporation into the record of the hearing sworn written statements relevant to the

purpose, subject matter, and scope of the committee's investigation or inquiry.

6. A witness at a hearing, upon the witness's advance request and at the witness's own

expense, must be furnished a certified transcript of the witness's testimony at the

hearing.

7. Testimony and other evidence given or adduced at a hearing closed to the public may

not be made public unless authorized by majority vote of all of the members of the

committee, which authorization must also specify the form and manner in which the

testimony or other evidence may be released.

8. All information of a defamatory or highly prejudicial nature received by or for the

committee other than in an open or closed hearing must be deemed to be confidential.

No such information may be made public unless authorized by majority vote of all of

the members of the committee for legislative purposes, or unless its use is required for

judicial purposes.
N.D. Cent. Code § 54-17.8-07 — ND Code / Title 54 / Chapter 54-17.8 / Section 54-17.8-07
54-17.8-07. Report to the budget section of the legislative management
Status: in_force

54-17.8-07. Report to the budget section of the legislative management

The advisory board shall provide a biennial report to the budget section of the legislative

management.
N.D. Cent. Code § 54-34.3-13 — ND Code / Title 54 / Chapter 54-34.3 / Section 54-34.3-13
54-34.3-13. Rural growth incentive program
Status: repealed

54-34.3-13. Rural growth incentive program

Repealed by S.L. 2023, ch. 478, § 1.
N.D. Cent. Code § 54-27-23 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-23
54-27-23. Cash flow financing
Status: in_force

54-27-23. Cash flow financing

In order to effectively meet the cyclical cash flow needs of state government, the office of

management and budget upon approval of the emergency commission is hereby authorized to

issue certificates in anticipation of revenue, notes, or bonds, to special funds on deposit in the

state treasury. Any issue of such certificates, notes, or bonds must be approved by the

emergency commission and are to be used for cash flow financing only, and not to offset

projected deficits in state finances unless first approved by the legislative assembly or the

budget section if the legislative assembly is not in session. The budget section may approve

additional cash flow financing not to exceed eighty percent of estimated general fund revenues

relating to sales or production occurring prior to June thirtieth, to be collected in July and August

after the end of the biennium. Such additional cash flow financing is only effective for sixty days

unless an extension or reapproval is received from the legislative assembly or the budget

section if the legislative assembly is not in session. Any request considered by the budget

section must comply with section 54-35-02.9. If a revenue shortfall of greater than five percent

occurs, the office of management and budget shall order budget allotments under section

54-44.1-12 prior to approval by the legislative assembly or the budget section of such additional

cash flow financing. It is the intent of the legislative assembly that all borrowing must be repaid

by the end of the biennium. The terms of any specific issue of such certificates, notes, or bonds

may not exceed one hundred eighty days from the date of issuance whereupon the principal

and interest on the certificates, notes, or bonds must be paid in full from the state general fund

or from another issue of a similar nature. All principal and interest on such issues made during a

biennial period must be repaid in full at the close of the biennial period from the state general

fund. When certificates, notes, or bonds are issued for cash flow purposes to funds which

otherwise would be invested, with the investment income accruing to the special fund, the

certificate must bear an investment rate of return which must be agreed upon by the state

investment board, and must be at a level commensurate with the yield to be reasonably

expected by such fund if invested in alternate securities.
N.D. Cent. Code § 54-44.4-08 — ND Code / Title 54 / Chapter 54-44.4 / Section 54-44.4-08
54-44.4-08. Purchase of recycled paper products
Status: in_force

54-44.4-08. Purchase of recycled paper products

When practicable, the office of management and budget, and any state agency or institution

that has authority to purchase paper and paper products, should specify at least twenty-five

percent recycled material.
N.D. Cent. Code § 54-44.8-04 — ND Code / Title 54 / Chapter 54-44.8 / Section 54-44.8-04
54-44.8-04. Responsibilities of the department
Status: in_force

54-44.8-04. Responsibilities of the department

The department shall:

1. Develop rules, policies, and procedures, as may be necessary, to govern

administration of the program.

2. Implement the telecommunications relay service as described in subsection 2 of

section 54-44.8-03 by July 26, 1993, to the extent funds generated by the surcharge

described in section 54-44.8-10 are available.

3. Perform any other duties necessary to properly administer the program.
N.D. Cent. Code § 54-17.2-09 — ND Code / Title 54 / Chapter 54-17.2 / Section 54-17.2-09
54-17.2-09. Insurance and credit enhancements added to payments
Status: in_force

54-17.2-09. Insurance and credit enhancements added to payments

A financing agreement may provide that the state shall provide insurance or, as additional

payment under a financing agreement, pay the cost of insuring the project against loss or

damage in such sum agreed to by the parties. The financing agreement may also provide for

payment of the cost of such credit enhancements as in the judgment of the commission may be

required for sale of the evidences of indebtedness, including bond insurance or letters of credit.
N.D. Cent. Code § 54-30-19 — ND Code / Title 54 / Chapter 54-30 / Section 54-30-19
54-30-19. Foreclosure - Power of attorney not required - Costs - Property bid in for state when bid is not sufficient
Status: repealed

54-30-19. Foreclosure - Power of attorney not required - Costs - Property bid in for

state when bid is not sufficient.

Repealed by S.L. 1983, ch. 567, § 16.
N.D. Cent. Code § 54-05.1-02 — ND Code / Title 54 / Chapter 54-05.1 / Section 54-05.1-02
54-05.1-02. Applicability - Meaning of lobbyist
Status: in_force

54-05.1-02. Applicability - Meaning of lobbyist

1. This chapter applies to any person who, in any manner whatsoever, directly or

indirectly, performs any of the following activities:

a. Attempts to secure the passage, amendment, or defeat of any legislation by the

legislative assembly or the approval or veto of any legislation by the governor of

the state.

b. Attempts to influence decisions made by the legislative management or by an

interim committee of the legislative management.

2. This chapter does not apply to any person who is:

a. A legislator.

b. A private citizen appearing on the citizen's own behalf.

c. An employee, officer, board member, volunteer, or agent of the state or its

political subdivisions whether elected or appointed and whether or not

compensated, who is acting in that person's official capacity.

d. Invited by the chairman of the legislative management, an interim committee of

the legislative management, or a standing committee of the legislative assembly

to appear before the legislative management, interim committee, or standing

committee for the purpose of providing information.

e. An individual who appears before a legislative committee for the sole purpose of

presenting testimony on behalf of a trade or professional organization or a

business or industry if the individual is introduced to the committee by the

registered lobbyist for the trade or professional organization or the business or

industry.

3. For the purposes of this chapter, persons required to register under this chapter

because of the performance of the activities described in subsection 1 must be known

as "lobbyists".
N.D. Cent. Code § 54-40.3-01 — ND Code / Title 54 / Chapter 54-40.3 / Section 54-40.3-01
54-40.3-01. Joint powers agreements - General authority
Status: in_force

54-40.3-01. Joint powers agreements - General authority

1. Any county, city, township, city park district, school district, or other political subdivision

of this state, upon approval of its respective governing body, may enter into an

agreement with any other political subdivision of this state for the cooperative or joint

administration of any power or function that is authorized by law or assigned to one or

more of them. Any political subdivision of this state may enter into a joint powers

agreement with a political subdivision of another state or political subdivision of a

Canadian province if the power or function to be jointly administered is a power or

function authorized by the laws of this state for a political subdivision of this state and

is authorized by the laws of the other state or province. A joint powers agreement may

provide for:

a. The purpose of the agreement or the power or function to be exercised or carried

out.

b. The duration of the agreement and the permissible method to be employed in

accomplishing the partial or complete termination of the agreement and for

disposing of any property upon the partial or complete termination.

c. The precise organization, composition, and nature of any separate administrative

or legal entity, including an administrator or a joint board, committee, or joint

service council or network, responsible for administering the cooperative or joint

undertaking. Two or more political subdivisions which enter into a number of joint

powers agreements may provide a master administrative structure for the joint

administration of any number of those agreements, rather than creating separate

administrative structures for each agreement. However, no essential legislative

powers, taxing authority, or eminent domain power may be delegated by an

agreement to a separate administrative or legal entity.

d. The manner in which the parties to the agreement will finance the cooperative or

joint undertaking and establish and maintain a budget for that undertaking. The

parties to the agreement may expend funds pursuant to the agreement, use

unexpended balances of their respective current funds, enter into a lease-option

to buy and contract for deed agreements between themselves and with private

parties, accumulate funds from year to year for the provision of services and

facilities, and otherwise share or contribute property in accordance with the

agreement in cooperatively or jointly exercising or carrying out the power or

function. The agreement may include the provision of personnel, equipment, or

property of one or more of the parties to the agreement that may be used instead

of other financial support.

e. The manner of acquiring, holding, or disposing of real and personal property used

in the cooperative or joint undertaking.

f. The acceptance of gifts, grants, or other assistance and the manner in which

those gifts, grants, or assistance may be used for the purposes set forth in the

agreement.

g. The process to apply for federal or state aid, or funds from other public and

private sources, to the parties for furthering the purposes of the agreement.

h. The manner of responding for any liability that might be incurred through

performance of the agreement and insuring against that liability.

i. Any other necessary and proper matters agreed upon by the parties to the

agreement.

2. Any county, city, township, city park district, school district, or other political subdivision

of this state may enter into an agreement in the manner provided in subsection 1 with

any agency, board, or institution of the state for the undertaking of any power or

function which any of the parties is permitted by law to undertake. Before an

agreement entered into pursuant to this subsection is effective, the respective

governing body or officer of the state agency, board, or institution must approve the

agreement and the attorney general must determine that the agreement is legally

sufficient.

3. An agreement made pursuant to this chapter does not relieve any political subdivision

or the state of any obligation or responsibility imposed by law except to the extent of

actual and timely performance by a separate administrative or legal entity created by

the agreement. This actual and timely performance satisfies the obligation or

responsibility of the political subdivision.
N.D. Cent. Code § 54-52-14.3 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-14.3
54-52-14.3. Public employee retirement funds - Use and investment
Status: in_force

54-52-14.3. Public employee retirement funds - Use and investment

Any provision of law relating to the use and investment of public employee retirement funds

must be deemed a part of the employment contracts of the employees participating in any public

employee retirement system. All moneys from any source paid into any public employee

retirement system fund created by the laws of this state must be used and invested only for the

exclusive benefit of the members, retirees, and beneficiaries of the retirement system, including

the payment of system administrative costs.
N.D. Cent. Code § 54-24.1-06 — ND Code / Title 54 / Chapter 54-24.1 / Section 54-24.1-06
54-24.1-06. Duties of governor in case of withdrawal
Status: in_force

54-24.1-06. Duties of governor in case of withdrawal

In the event of withdrawal from the compact the governor shall send and receive any

notices required by subsection 1 of Article XI of the compact.
N.D. Cent. Code § 54-60-10 — ND Code / Title 54 / Chapter 54-60 / Section 54-60-10
54-60-10. Career guidance and job opportunities - Internet website - Fees - Continuing appropriation
Status: repealed

54-60-10. Career guidance and job opportunities - Internet website - Fees - Continuing

appropriation.

Repealed by S.L. 2007, ch. 493, § 9.
N.D. Cent. Code § 54-35-24 — ND Code / Title 54 / Chapter 54-35 / Section 54-35-24
54-35-24. Commission on alternatives to incarceration
Status: in_force

54-35-24. Commission on alternatives to incarceration

Expired by S.L. 2013, ch.414, §1.
N.D. Cent. Code § 54-34.3-01 — ND Code / Title 54 / Chapter 54-34.3 / Section 54-34.3-01
54-34.3-01. Department of commerce division of economic development and finance established - Mission
Status: in_force

54-34.3-01. Department of commerce division of economic development and finance

established - Mission.

The department of commerce division of economic development and finance is established

to assume the functions, powers, and duties of the department of economic development and

finance with respect to programs and other efforts intended to enhance the economic

development of the state. The mission of the division is to develop strategies and programs to:

1. Facilitate the growth, diversification, and expansion of existing enterprises and the

attraction and creation of new wealth-generating enterprises in the state;

2. Promote economic diversification and innovation within the basic industries and

economic sectors of this state, including strategies and programs designed to

specialize and focus the state's economy on identified target industries;

3. Promote increased productivity and value-added products, processes, and services in

the state, and the export of those goods and services by North Dakota enterprises to

the nation and to the world;

4. Maintain and revitalize economically depressed rural areas by working in close

collaboration with local communities and by encouraging communities to enter into

cooperative relationships for more efficient and effective education, health care,

government service, and infrastructure maintenance;

5. Forge a supportive partnership with the Bank of North Dakota, the board of higher

education and the state's institutions of higher education, regional planning councils,

local development organizations and authorities, the state's nonprofit development

corporations, and other appropriate private and public sector organizations in

achieving the economic goals of the state; and

6. Identify those statutes, administrative rules, and policies that impede the attraction,

creation, and expansion of businesses and job creation in this state.
N.D. Cent. Code § 54-05.1-05 — ND Code / Title 54 / Chapter 54-05.1 / Section 54-05.1-05
54-05.1-05. Invitations and gifts to legislators
Status: in_force

54-05.1-05. Invitations and gifts to legislators

1. When any lobbyist invites a legislator to attend a function sponsored in whole or in part

by the lobbyist or the principal, the lobbyist shall, upon the request of the legislator,

supply the legislator with the true or estimated cost of the gratuity and allow the

legislator to attend the function and pay the legislator's own share of the expenses.

2. When any lobbyist offers a gift of a non-information-bearing nature to a legislator, the

lobbyist shall, upon the request of the legislator, supply the legislator with the true or

estimated cost of the gratuity and allow the legislator to pay the cost of and receive the

gift.
N.D. Cent. Code § 54-17-38 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-38
54-17-38. Biomass incentive and research program
Status: repealed

54-17-38. Biomass incentive and research program

Repealed by S.L. 2009, ch. 521, § 6.
N.D. Cent. Code § 54-54-01 — ND Code / Title 54 / Chapter 54-54 / Section 54-54-01
54-54-01. Legislative purpose and policy
Status: in_force

54-54-01. Legislative purpose and policy

It is the finding of the legislative assembly that many of our citizens lack the opportunity to

view, enjoy, or participate in living theatrical performances, musical concerts, operas, dance and

ballet recitals, art exhibits, examples of fine architecture, and the performing and fine arts

generally. It is further found that, with increasing leisure time, the practice and enjoyment of the

arts are of increasing importance and that the general welfare of the people of the state will be

promoted by giving further recognition to the arts as a vital aspect of our culture and heritage

and as a valued means of expanding the scope of our educational programs.

It is declared to be the policy of the state to join with private patrons and with institutions

and professional organizations concerned with the arts to ensure that the role of the arts in the

life of our communities will continue to grow and will play an evermore significant part in the

welfare and educational experience of our citizens.
N.D. Cent. Code § 54-44.1-13.1 — ND Code / Title 54 / Chapter 54-44.1 / Section 54-44.1-13.1
54-44.1-13.1. Apportionment of reductions in spending authority caused by an initiative or referendum action
Status: in_force

54-44.1-13.1. Apportionment of reductions in spending authority caused by an

initiative or referendum action.

If as a result of any action taken pursuant to article III of the Constitution of North Dakota

the moneys available in the state general fund or in any special fund in the state treasury are or

will be reduced or eliminated, the director of the budget shall reduce the moneys available to all

departments, agencies, and institutions for which moneys have been appropriated or are

otherwise available from the affected fund for the current biennial period. The director of the

budget shall reduce affected budgets by a percentage sufficient to cover the estimated losses

caused by the initiative or referendum action, subject to the approval of the legislative assembly

or the budget section if the legislative assembly is not in session. Any request considered by the

budget section must comply with section 54-35-02.9. Notwithstanding the provisions of section

54-44.1-13, the authority to make reductions pursuant to this section applies equally to all

entities of the executive, legislative, and judicial branches.
N.D. Cent. Code § 54-52-02.9 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-02.9
54-52-02.9. Participation by temporary employees
Status: in_force

54-52-02.9. Participation by temporary employees

1. Before January 1, 2025, within one hundred eighty days of beginning employment, a

temporary employee may elect to participate in the public employees retirement

system under this chapter and receive credit for service after enrollment. Monthly, the

temporary employee shall pay to the fund an amount equal to fourteen and twelve

hundredths percent times the temporary employee's present monthly salary. The

amount required to be paid by a temporary employee increases by one percent times

the temporary employee's present monthly salary beginning with the monthly reporting

period of January 2025.

2. If the temporary employee first enrolled:

a. Before January 1, 2020, in addition the temporary employee shall pay the

required monthly contribution to the retiree health benefit fund established under

section 54-52.1-03.2. This contribution must be recorded as a member

contribution pursuant to section 54-52.1-03.2.

b. After December 31, 2019, the temporary employee shall pay to the fund an

additional amount equal to one and fourteen hundredths percent times the

temporary employee's present monthly salary.

3. A temporary employee who is a participating member under this chapter due to

employment before January 1, 2025, who becomes a permanent employee after

December 31, 2024, qualifies to participate in the defined benefit retirement plan under

this chapter and receive credit for service after enrollment.

4. After December 31, 2024, and within one hundred eighty days of beginning

employment, a temporary employee may elect to participate in the defined contribution

retirement plan under chapter 54-52.6.

5. An employer may not pay the temporary employee's contributions. A temporary

employee may continue to participate as a temporary employee in the public

employees retirement system until termination of employment or reclassification of the

temporary employee as a permanent employee. A temporary employee may not

purchase any additional credit, including additional credit under section 54-52-17.4 or

past service under section 54-52-02.6.
N.D. Cent. Code § 54-17-09 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-09
54-17-09. Industrial commission to determine place of business of industries - Rules made by commission
Status: in_force

54-17-09. Industrial commission to determine place of business of industries - Rules

made by commission.

The industrial commission shall:

1. Determine the location of all utilities, industries, enterprises, and business projects

established, owned, undertaken, administered, or operated by the state.

2. Make rules, regulations, orders, and bylaws for the management and operation, and

for the transaction of the business, of such utilities, industries, enterprises, and

business projects.
N.D. Cent. Code § 54-24.2-03 — ND Code / Title 54 / Chapter 54-24.2 / Section 54-24.2-03
54-24.2-03. Incentive for local funding
Status: in_force

54-24.2-03. Incentive for local funding

To provide for increased local funding, public libraries eligible to receive funds under section

54-24.2-02 shall have the funds allocated to them modified in accordance with the following

formula:

Cities levying

8.00 or more mills 150 percent of allocation

6.00 - 7.99 mills 125 percent of allocation

4.00 - 5.99 mills 100 percent of allocation

3.00 - 3.99 mills 75 percent of allocation

2.00 - 2.99 mills 50 percent of allocation

1.00 - 1.99 mills 33 percent of allocation

0.01 - 0.99 mills 25 percent of allocation

0.00 - mills 0 percent of allocation

Counties levying

4.00 or more mills 150 percent of allocation

3.00 - 3.99 mills 125 percent of allocation

2.00 - 2.99 mills 100 percent of allocation

1.50 - 1.99 mills 75 percent of allocation

1.00 - 1.49 mills 50 percent of allocation

0.50 - 0.99 mills 33 percent of allocation

0.01 - 0.49 mills 25 percent of allocation

0.00 - mills 0 percent of allocation

The computation of mills must be based upon:

1. The levy on the taxable valuation as certified by the county auditor to the tax

commissioner. By May fifteenth of each year the tax commissioner shall provide the

state library the certified taxable valuations;

2. The other public funds received and deposited in the library fund for the operation of

the library by the governing body during the preceding fiscal year; and

3. Computation of the mill levy equivalent of other public funds as computed by the state

library.
N.D. Cent. Code § 54-23.4-13 — ND Code / Title 54 / Chapter 54-23.4 / Section 54-23.4-13
54-23.4-13. Manner of payment - Nonassignability and exemptions
Status: in_force

54-23.4-13. Manner of payment - Nonassignability and exemptions

1. The division may provide for the payment of an award in a lump sum or in installments.

The part of an award equal to the amount of economic loss accrued to the date of the

award must be paid in a lump sum. An award for allowable expense that would accrue

after the award is made may not be paid in a lump sum. Except as provided in

subsection 2, the part of an award that may not be paid in a lump sum must be paid in

installments.

2. At the request of the claimant, the division may commute future economic loss, other

than allowable expense, to a lump sum, but only upon a finding by the division that:

a. The award in a lump sum will promote the interests of the claimant; or

b. The present value of all future economic loss other than allowable expense does

not exceed one thousand dollars.

3. An award for future economic loss payable in installments may be made only for a

period as to which the division can reasonably determine future economic loss. The

division may reconsider and modify an award for future economic loss payable in

installments, upon its finding that a material and substantial change of circumstances

has occurred.

4. An assignment or agreement to assign a right to compensation for loss accruing in the

future is unenforceable, except:

a. An assignment of a right to compensation for work loss to secure payment of

alimony, maintenance, or child support; or

b. An assignment of a right to compensation for allowable expense to the extent that

the benefits are for the cost of products, services, or accommodations

necessitated by the injury or death on which the claim is based and are provided

or to be provided by the assignee.

5. No funds may be placed in reserve by the division on any claim.
N.D. Cent. Code § 54-27-01 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-01
54-27-01. Fiscal year - Reports - When made
Status: in_force

54-27-01. Fiscal year - Reports - When made

The fiscal year for the state of North Dakota commences on the first day of July and ends

on the thirtieth day of June of the following year. All reports required annually or biennially of any

state officer or from any private corporation or limited liability company, unless otherwise

provided, must be made to and must include the thirtieth day of June preceding. All accounts of

such officers must be closed and balanced to that date.
N.D. Cent. Code § 54-52.2-02 — ND Code / Title 54 / Chapter 54-52.2 / Section 54-52.2-02
54-52.2-02. Deferred employee's compensation - Agreements
Status: in_force

54-52.2-02. Deferred employee's compensation - Agreements

The public employees retirement board, acting on behalf of each state agency, department,

board, commission, or institution, may enter into contractual agreements with employees of a

state agency, department, board, commission, or institution on behalf of the state to defer any

portion of that employee's compensation allowed under section 457 of the Internal Revenue

Code [26 U.S.C. 457].
N.D. Cent. Code § 54-52-06 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-06
54-52-06. Employer's contribution to retirement plan - Report to the employee benefits programs committee
Status: in_force

54-52-06. Employer's contribution to retirement plan - Report to the employee

benefits programs committee.

1. a. As determined by actuarial valuations, each state governmental unit that receives

budgetary approval from the legislative assembly shall contribute to the defined

benefit plan an amount on a level percent of compensation basis for all main

system defined benefit retirement plan employees and all defined contribution

retirement plan employees sufficient under the actuarial valuation to meet both

the normal cost plus the actuarially determined amount required to amortize the

unfunded accrued liability of the main plan over a closed period of thirty and

one-half years, beginning January 1, 2026, and continuing through June 30,

2056. By November fifteenth of each even-numbered year the board shall publish

the contribution rate required under this subsection. The board shall calculate this

rate based on the July first actuarial report of that year. In lieu of each state

governmental unit that receives budgetary approval from the legislative assembly

contributing the additional actuarially determined rate, the legislative assembly

may authorize a transfer to the public employees retirement system fund in an

amount equal to or greater than the actuarially determined amount as most

recently published by the board for the succeeding biennium.

b. Each participating political subdivision and state governmental unit that does not

receive budgetary approval from the legislative assembly shall contribute an

amount equal to eight and twelve-hundredths percent of the monthly salary or

wage of a participating member.

c. For a participating member who first enrolls after December 31, 2019, a

participating political subdivision shall contribute an additional amount equal to

one and fourteen-hundredths percent of the monthly salary or wage of the

participating member.

2. For those members who elect to exercise their rights under section 54-52-17.14, the

employing governmental unit, or in the case of a member not presently under covered

employment the most recent employing governmental unit, shall pay the associated

employer contribution. If the employee's contribution is paid by the governmental unit

under subsection 3 of section 54-52-05, the employer unit shall contribute, in addition,

an amount equal to the required employee's contribution. Each governmental unit shall

pay the contribution monthly, or in the case of an election made pursuant to section

54-52-17.14 a lump sum, into the retirement fund from the governmental unit's funds

appropriated for payroll and salary or any other funds available for these purposes.

Any governmental unit failing to pay the contributions monthly, or in the case of an

election made pursuant to section 54-52-17.14 a lump sum, or failing to otherwise

comply with the board's established wage reporting or payroll reporting process

requirements, is subject to a civil penalty of fifty dollars and, as interest, one percent of

the amount due for each month of delay or fraction of a month after the payment

became due. In lieu of assessing a civil penalty or one percent per month, or both,

interest at the actuarial rate of return may be assessed for each month the

contributions are delinquent. If contributions are paid within ninety days of the date the

contributions became due, penalty and interest to be paid on delinquent contributions

may be waived.

3. An employer is required to submit contributions for any past eligible employee who

was employed after July 1, 1977, for which contributions were not made if the

employee would have been eligible to become vested had the employee participated

and if the employee elects to join the public employees retirement system. Employer

contributions may not be assessed for eligible service that an employee has waived

pursuant to subsection 1 of section 54-52-05.

4. Annually, the board shall report to the employee benefits programs committee the

contributions necessary, as determined by the actuarial study, to maintain the fund's

actuarial soundness.
N.D. Cent. Code § 54-40.2-05.1 — ND Code / Title 54 / Chapter 54-40.2 / Section 54-40.2-05.1
54-40.2-05.1. Review of agreement - Report
Status: in_force

54-40.2-05.1. Review of agreement - Report

Upon the request of any political subdivision or any tribe affected by an approved

agreement, the Indian affairs commission shall make findings concerning the utility and

effectiveness of the agreement taking into account the original intent of the parties and may

make findings as to whether the parties are in substantial compliance with all provisions of the

agreement. In making its findings, the Indian affairs commission shall provide an opportunity,

after public notice, for the public to submit written comments concerning the execution of the

agreement. The Indian affairs commission shall prepare a written report of its findings made

pursuant to this section and shall submit copies of the report to the affected political subdivision

or public agency, the governor, and the affected tribes. The findings of the Indian affairs

commission made under this section are for informational purposes only. In any administrative

hearing or legal proceeding in which the performance of any party to the agreement is at issue,

the findings may not be introduced as evidence, or relied upon, or cited as controlling by any

party, court, or reviewing agency, nor may any presumption be drawn from the findings for the

benefit of any party.
N.D. Cent. Code § 54-52.1-06 — ND Code / Title 54 / Chapter 54-52.1 / Section 54-52.1-06
54-52.1-06. State contribution - Penalty
Status: in_force

54-52.1-06. State contribution - Penalty

1. Each department, board, or agency shall pay to the board each month from its funds

appropriated for payroll and salary amounts a state contribution in the amount as

determined by the primary carrier of the group contract for the full single rate monthly

premium for each of its eligible employees enrolled in the uniform group insurance

program and the full rate monthly premium, in an amount equal to that contributed

under the alternate family contract, including major medical coverage, for hospital and

medical benefits coverage for spouses and dependent children of its eligible

employees enrolled in the uniform group insurance program pursuant to section
N.D. Cent. Code § 54-52-09 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-09
54-52-09. Exemption from state premium tax
Status: in_force

54-52-09. Exemption from state premium tax

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

taxes payable pursuant to section 26.1-03-17.
N.D. Cent. Code § 54-40.2-03 — ND Code / Title 54 / Chapter 54-40.2 / Section 54-40.2-03
54-40.2-03. Specifications of agreement
Status: repealed

54-40.2-03. Specifications of agreement

Repealed by S.L. 1991, ch. 606, § 10.
N.D. Cent. Code § 54-07-01 — ND Code / Title 54 / Chapter 54-07 / Section 54-07-01
54-07-01. Powers and duties of governor
Status: in_force

54-07-01. Powers and duties of governor

In addition to the powers and duties prescribed by the constitution, the governor:

1. Shall supervise the official conduct of all executive and ministerial officers.

2. Shall see that all offices are filled, and the duties thereof performed, or in default

thereof, shall apply such remedies as the law allows. If the remedy is imperfect, the

governor shall acquaint the legislative assembly therewith at its next session.

3. Shall make appointments and fill vacancies as required by law.

4. Shall be the sole official organ of communication between the government of this state

and the government of any other state of the United States.

5. Whenever any suit or legal proceeding is pending against this state, which may affect

the title of this state to any property or which may result in any claim against the state,

may direct the attorney general to appear on behalf of the state, and may employ such

additional counsel as the governor may deem expedient.

6. May require the attorney general or state's attorney of any county to inquire into the

affairs or management of any corporation or limited liability company existing under the

laws of this state.

7. May require the attorney general to aid any state's attorney in the discharge of the

state's attorney's duties.

8. May offer rewards not exceeding one thousand dollars each, payable out of any

legislative appropriation therefor, for the apprehension of any convict who has escaped

from the penitentiary, or any person who has committed, or who is charged with the

commission of, an offense punishable with death or life imprisonment.

9. Shall issue patents for land as prescribed by the laws of this state.

10. Has such other powers and must perform such other duties as are or may be devolved

upon the governor by law.

11. Shall produce and deliver to the legislative assembly by December tenth of each

even-numbered year a report on the status of children and families and proposals for

addressing the needs of children and families.

12. Shall designate a lead agency to collaborate with other agencies to coordinate early

intervention services for children from birth to age three who are at high risk for

developmental delay or disability.
N.D. Cent. Code § 54-44.1-05 — ND Code / Title 54 / Chapter 54-44.1 / Section 54-44.1-05
54-44.1-05. Federal aid budget requests - Filed with the office of the budget
Status: in_force

54-44.1-05. Federal aid budget requests - Filed with the office of the budget

Every agency of the state government when making requests for budgets to be submitted to

the federal government for funds, equipment, material, or services shall have such request or

budget filed in the office of the budget before submitting it to the proper federal authority. When

such federal authority has approved the request or budget, in whole or in part, the agency of the

state government shall resubmit it to the office of the budget for recording before any allotment

or encumbrance of the federal funds can be made.
N.D. Cent. Code § 54-60-07 — ND Code / Title 54 / Chapter 54-60 / Section 54-60-07
54-60-07. Cooperation with other agencies or private entities to jointly publish or mail publications
Status: in_force

54-60-07. Cooperation with other agencies or private entities to jointly publish or mail

publications.

The department may cooperate with other state agencies or with a private entity for the

purpose of jointly publishing or distributing information or publications as provided in section

54-06-04.3.
N.D. Cent. Code § 54-06-11 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-11
54-06-11. Amounts of bonds of state officers
Status: repealed

54-06-11. Amounts of bonds of state officers

Repealed by S.L. 1999, ch. 113, § 24.
N.D. Cent. Code § 54-52-21 — ND Code / Title 54 / Chapter 54-52 / Section 54-52-21
54-52-21. Plan not employment contract
Status: in_force

54-52-21. Plan not employment contract

The adoption of or participation in a retirement plan may not be deemed to give an

employee the right to be retained in the employ of a governmental unit or to interfere with the

right of the governmental unit to discharge any employee at any time.
N.D. Cent. Code § 54-17.4-03 — ND Code / Title 54 / Chapter 54-17.4 / Section 54-17.4-03
54-17.4-03. Survey - Direction and supervision
Status: in_force

54-17.4-03. Survey - Direction and supervision

The survey is under the direction and control of the commission.
N.D. Cent. Code § 54-12-18 — ND Code / Title 54 / Chapter 54-12 / Section 54-12-18
54-12-18. Special fund established - Continuing appropriation
Status: in_force

54-12-18. Special fund established - Continuing appropriation

A special fund is established in the state treasury and designated as the attorney general

refund fund. The attorney general shall deposit all moneys recovered by the consumer

protection division for refunds to consumers in cases where persons or parties are found to

have violated the consumer fraud laws, all costs, expenses, attorney's fees, and civil penalties

collected by the division regarding any consumer protection or antitrust matter, all cash deposit

bonds paid by applicants for a transient merchant's license who do not provide a surety bond,

and all funds and fees collected by the gaming section for licensing tribal gaming and for the

investigation of gaming employees, applicants, organizations, manufacturers, distributors, or

tribes involved in state or tribal gaming. The moneys in the fund are appropriated, as necessary,

for the following purposes:

1. To provide refunds of moneys recovered by the consumer protection and antitrust

division on behalf of specifically named consumers;

2. To pay valid claims against cash deposit bonds posted by transient merchant

licensees;

3. To refund, upon expiration of the two-year period after the expiration of the transient

merchant's license, the balance of any cash deposit bond remaining after the payment

of valid claims;

4. To pay costs, expenses, and attorney's fees and salaries incurred in the operation of

the consumer protection division; and

5. To pay the actual costs of background investigations, licensing, and enforcement of

gaming in the state or pursuant to Indian gaming compacts.

At the end of each biennium any moneys in the fund in excess of the amounts required for

subsections 1, 2, 3, and 5 must be deposited in the general fund. The attorney general, with the

concurrence of the director of the office of management and budget, shall establish the

necessary accounting procedures for use of the attorney general refund fund, particularly with

respect to expenditures under subsection 4.
N.D. Cent. Code § 54-30-21 — ND Code / Title 54 / Chapter 54-30 / Section 54-30-21
54-30-21. Bonds bought with proceeds of foreclosure sale
Status: repealed

54-30-21. Bonds bought with proceeds of foreclosure sale

Repealed by S.L. 1983, ch. 567, § 16.
N.D. Cent. Code § 54-52.5-01 — ND Code / Title 54 / Chapter 54-52.5 / Section 54-52.5-01
54-52.5-01. North Dakota state retirement and investment office
Status: in_force

54-52.5-01. North Dakota state retirement and investment office

The state retirement and investment office is created to coordinate the activities of the state

investment board and teachers' fund for retirement.
N.D. Cent. Code § 54-30-02 — ND Code / Title 54 / Chapter 54-30 / Section 54-30-02
54-30-02. Assignment of first mortgages by Bank of North Dakota to state as security for bonds
Status: in_force

54-30-02. Assignment of first mortgages by Bank of North Dakota to state as security

for bonds.

Whenever first mortgages upon real estate are held by the Bank of North Dakota securing a

total amount of unpaid mortgage loans in the sum of at least one hundred thousand dollars, the

industrial commission may cause such mortgages, or such of them as it shall think proper, but

not less than the total amount of one hundred thousand dollars, to be assigned, together with

the obligations thereby secured, to the state treasurer. The assignment of each such mortgage

and obligation must be executed by the president of the Bank of North Dakota and must recite

that it is made to "The state treasurer of North Dakota, and successors in office in trust, as

security for bonds to be issued under the designation of bonds of North Dakota, real estate

series, as provided by law". The assignment must be duly recorded by the president in each

county in which the lands affected by the mortgage are situated. As soon as such assignments

are recorded, they, with the instruments assigned, must be delivered to the state treasurer, and

at the same time the president of the Bank shall deliver to the state treasurer a verified

statement showing the principal amount remaining unpaid on each such obligation secured by

the mortgages so delivered.
N.D. Cent. Code § 54-10-07 — ND Code / Title 54 / Chapter 54-10 / Section 54-10-07
54-10-07. Auditor to have access to all state offices
Status: repealed

54-10-07. Auditor to have access to all state offices

Repealed by S.L. 1959, ch. 372, § 117.
N.D. Cent. Code § 54-03-04 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-04
54-03-04. Organizational session - Calling to order - Officers - Term of office - Officers and chairmen to remain in office during special session
Status: in_force

54-03-04. Organizational session - Calling to order - Officers - Term of office - Officers

and chairmen to remain in office during special session.

The secretary and officers of the senate and chief clerk and officers of the house serving at

the close of a regular session, unless otherwise removed, shall remain in office until the first day

of the organizational session. On the first day of the organizational session, at a time scheduled

by the legislative management pursuant to section 54-03.1-02, the president of the senate and

the speaker of the house from the previous session, if re-elected, or in the speaker's absence a

member of the majority party of the house with seniority based upon terms of service in the

house, shall call the members of their respective houses so enrolled to order. In the absence of

the president of the senate, the president pro tempore shall call the members of the senate to

order. In the absence of both the president of the senate and the president pro tempore, then

some member or other person selected by the members present shall call the members of the

senate to order. If the speaker of the house from the previous session is not re-elected and if no

party has a majority in the house, the member of the house with seniority based upon terms of

service in the house shall call the house to order. If two or more members of the house are tied

for seniority and seniority is a factor in determining who shall call the house to order, the

persons so tied for seniority shall draw lots to determine who shall call the house to order. The

members of the respective houses then may proceed to the election of the necessary officers.

The secretary and officers of the senate and chief clerk and officers of the house of

representatives, and the chairmen of all procedural and substantive standing legislative

committees shall continue to serve in those positions during any special legislative session

which may be called, except in case of the death, resignation, or removal of one of those

persons, whereupon the position must be filled, upon the convening of the special session, in

the manner provided by law or legislative rule. Members serving on procedural or substantive

standing committees of the senate or house during a regular session shall continue to serve on

those committees during any special legislative session which may be called following that

regular session.
N.D. Cent. Code § 54-11-14 — ND Code / Title 54 / Chapter 54-11 / Section 54-11-14
54-11-14. Official bond of state treasurer
Status: repealed

54-11-14. Official bond of state treasurer

Repealed by S.L. 1999, ch. 113, § 24.
N.D. Cent. Code § 54-46.1-07 — ND Code / Title 54 / Chapter 54-46.1 / Section 54-46.1-07
54-46.1-07. Secrecy provision
Status: in_force

54-46.1-07. Secrecy provision

The personnel of the central microfilm unit are hereby authorized to receive from the various

departments and the employees of the various departments are hereby authorized to provide for

the central microfilm unit, any information from the files and records of the various departments

necessary to effect the purposes of this chapter without regard to the confidential or secret

nature of the information; provided, however, the personnel of the central microfilm unit are

subject to the same restrictions and penalties regarding the dissemination of this information as

are the personnel of the department involved.
N.D. Cent. Code § 54-09-07 — ND Code / Title 54 / Chapter 54-09 / Section 54-09-07
54-09-07. Service of process on secretary of state if agent not found or if secretary of state appointed as agent for individual
Status: in_force

54-09-07. Service of process on secretary of state if agent not found or if secretary of

state appointed as agent for individual.

If an agent other than the secretary of state has been appointed for receipt of service, but

the affidavit of a sheriff or of an adult who is not a party to a proceeding establishes that diligent

inquiry has been made and that personal service cannot be accomplished upon any registered

agent, officer, or superintending, managing, or general agent of an entity, then the secretary of

state may be deemed the agent of the entity for receiving service of process. Service on the

secretary of state must be made as provided in section 10-01.1-13. Except as otherwise

provided by law, if the secretary of state is appointed as agent for service of process for any

individual under any provision of this code, then service on the secretary of state and the

responsibilities of the secretary of state with respect to the service shall be made or executed in

the manner provided in section 10-01.1-13, to the extent practicable.
N.D. Cent. Code § 54-44.4-01 — ND Code / Title 54 / Chapter 54-44.4 / Section 54-44.4-01
54-44.4-01. Declaration of policy - Definitions
Status: in_force

54-44.4-01. Declaration of policy - Definitions

It is state policy to provide comprehensive purchasing services based upon sound

procurement practices and principles wherein, through full competition with fair and equal

opportunity to all qualified persons to sell to the state, each state agency and institution shall

obtain its necessary commodities and services at competitive cost, consistent with quality, time,

and performance requirements, except as otherwise provided by law. As used in this chapter,

unless the context requires otherwise:

1. "Commodities" means all property, including equipment, supplies, materials, printing,

insurance, and leases of equipment.

2. "Information technology" has the same meaning as provided in section 54-59-01.

3. "Procurement officer" means an individual duly authorized to enter and administer

purchasing contracts and make written determinations with respect thereto and also

includes an authorized representative acting within the limits of authority.

4. "Professional services" means those services requiring special knowledge, education,

or skills when the qualifications and experience of the individual rendering the services

are of primary importance and the individual is required to exercise professional

judgment. Professional services providers include appraisers, attorneys, accountants,

psychologists, physicians, dentists, planners, analysts, and consultants. The term

includes human services under which a person provides direct health or social welfare

services to the citizens on behalf of the state. The term does not include services

defined in section 54-44.7-01.

5. "Purchasing agency" means a governmental entity in the executive branch of

government other than the office of management and budget which is authorized by

this chapter, rules adopted under this chapter, written policy of the office of

management and budget, or by way of delegation from the office of management and

budget to enter purchasing contracts for commodities and services.

6. "Services" means the furnishing of labor, time, or effort by a contractor, not involving

the delivery of a specific end product other than reports that are merely incidental to

the required performance. The term includes professional services.
N.D. Cent. Code § 54-68-10 — ND Code / Title 54 / Chapter 54-68 / Section 54-68-10
54-68-10. Authority - Appeals - Applicability
Status: in_force

54-68-10. Authority - Appeals - Applicability

1. The office may revoke or suspend a guardian or a conservator license.

2. Upon receipt of any report or complaint, the office shall assess the need for an

investigation of the report or complaint. For the purpose of investigating a report or

complaint:

a. The office or operations committee shall:

(1) Establish confidentiality and disclosure standards for investigating a report

or complaint and subsequent disciplinary proceedings.

(2) Adopt rules to effectuate the powers and duties under this chapter.

b. Office staff may:

(1) Interview an alleged victim, witness, or any other individual with knowledge

of the situation.

(2) Access any record or information on an applicant, provider, or recipient of

public services.

(3) Issue subpoenas for the attendance of witnesses and the production of

designated documents, electronically stored information, or tangible things

in accordance with the North Dakota Rules of Civil Procedure.

(4) Order the deposition of a person residing within or outside the state to be

taken in accordance with the North Dakota Rules of Civil Procedure.

(5) Coordinate with other agencies and departments, including the attorney

general and bureau of criminal investigation.

3. Appeals under this chapter must be conducted in accordance with chapter 28-32.

4. A guardian or conservator subject to the jurisdiction of a court of this state shall follow

the rules of the office if the guardian or the conservator serves an adult ward, adult

protected person, or incapacitated person, as defined in title 30.1.
N.D. Cent. Code § 54-68-06 — ND Code / Title 54 / Chapter 54-68 / Section 54-68-06
54-68-06. Guardianship and conservatorship support fund - Continuing appropriation
Status: in_force

54-68-06. Guardianship and conservatorship support fund - Continuing

appropriation.

There is created in the state treasury the guardianship and conservatorship support fund.

The fund consists of all moneys transferred to the fund by the legislative assembly, interest

upon moneys in the fund, fee collections, donations, grants, and other contributions received for

deposit in the fund. All moneys in the fund are appropriated on a continuing basis to the office to

defray the expenses of supporting guardianship and conservatorship services, including

guardianship and conservatorship training and monitoring.
N.D. Cent. Code § 54-40-04 — ND Code / Title 54 / Chapter 54-40 / Section 54-40-04
54-40-04. Termination of agreement
Status: in_force

54-40-04. Termination of agreement

Such agreement may be continued for a definite term or until rescinded or terminated in

accordance with its terms.
N.D. Cent. Code § 54-09-12.1 — ND Code / Title 54 / Chapter 54-09 / Section 54-09-12.1
54-09-12.1. Criminal history record check
Status: in_force

54-09-12.1. Criminal history record check

The secretary of state may require any employee who has access to personally identifying

information of residents or businesses of the state, or access to election systems that are critical

infrastructure under section 44-04-24, to submit to a statewide and nationwide criminal history

record check. The criminal history record check must be conducted as provided by section

12-60-24.
N.D. Cent. Code § 54-44.3-11 — ND Code / Title 54 / Chapter 54-44.3 / Section 54-44.3-11
54-44.3-11. North Dakota human resource management services - Director - Appointment - Removal
Status: in_force

54-44.3-11. North Dakota human resource management services - Director -

Appointment - Removal.

North Dakota human resource management services is created within the office of

management and budget under the supervision and control of a director who is responsible for

the performance and exercise of the duties, functions, and powers imposed upon the division.

1. The director must be experienced in the field of human resource management and

shall hold considerable knowledge of merit principles, goals, and their methods of

operation.

2. The director of the office of management and budget shall appoint the director. The

position of director is not a classified position and the director shall serve at the

pleasure of the director of the office of management and budget.
N.D. Cent. Code § 54-44.3-14 — ND Code / Title 54 / Chapter 54-44.3 / Section 54-44.3-14
54-44.3-14. Records public
Status: in_force

54-44.3-14. Records public

The records of the division and the board, except such records as the statutes may require

to be held confidential, are public records and must be open to public inspection, subject to

regulations as to the time and manner of inspection which may be prescribed by the division or

board.
N.D. Cent. Code § 54-60.2-05 — ND Code / Title 54 / Chapter 54-60.2 / Section 54-60.2-05
54-60.2-05. Reports to the department of commerce
Status: in_force

54-60.2-05. Reports to the department of commerce

On an annual basis, within sixty days of the end of each fiscal year of the biennium for

which funds are appropriated under this chapter, each tribally controlled community college

receiving a grant under this chapter shall provide to the department of commerce, in the form

prescribed by the department, the following information:

1. A detailed report of expenditures under the grant;

2. The number of students assisted by the grant;

3. The graduation rate of students assisted by the grant and the graduation rate for all

students at the college;

4. A description of any new or improved training or other program leading to a certificate

or a degree which was developed by the college with funds provided by the grant and

the types of jobs for which the new or improved training program is designed;

5. The placement rate of graduates of the college assisted by the grant in relation to the

placement rate of all graduates of the college;

6. The rate of students assisted by the grant who pursue further educational

opportunities immediately after graduation from the college; and

7. The number of jobs or businesses created as a result of funds provided by the grant.
N.D. Cent. Code § 54-46-14 — ND Code / Title 54 / Chapter 54-46 / Section 54-46-14
54-46-14. Continued confidentiality of records
Status: in_force

54-46-14. Continued confidentiality of records

The head of an agency may provide, and the administrator may receive, any record

necessary to effect the purposes of this chapter without regard to the confidential or secret

nature of the information in the record. However, the administrator and agents or employees of

the administrator involved with records management under this chapter are subject to the same

restrictions and penalties regarding the dissemination of the information as are the personnel of

the agency involved.
N.D. Cent. Code § 54-44.4-14 — ND Code / Title 54 / Chapter 54-44.4 / Section 54-44.4-14
54-44.4-14. Procurement information - Website
Status: in_force

54-44.4-14. Procurement information - Website

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

information website on the internet. This procurement information website must

provide current information regarding North Dakota government procurement

opportunities in order to inform potential vendors of the commodities and services

sought by state agencies and institutions. Notwithstanding section 54-44.4-09, for

each purchase of services or commodities over the amount established for small

purchases, the office of management and budget and every purchasing agency shall

provide procurement information on the website. The time period and manner of

providing procurement information on the website must be in accordance with rules

adopted by the office of management and budget. The office of management and

budget may contract with a third party to assist in providing or maintaining the

procurement information website.

2. In addition to other notice requirements provided by law, a state agency or institution

may elect to issue solicitation notices on the procurement information website for the

purchase of services and commodities that are not subject to the procurement

requirements of this chapter, including:

a. Commodities and services exempted under section 54-44.4-02;

b. Public improvements under title 48;

c. Architect, engineer, construction management, and land surveying services under

chapter 54-44.7; and

d. Concessions under chapter 48-09.

3. The office of management and budget shall establish and maintain a standardized

procedure for the submission of electronic bids and proposals through the

procurement information website. The office of management and budget, in

consultation with the office of the attorney general, shall develop standardized

solicitation documents. The documents must be made available on the procurement

information website. When drafting a solicitation, the office of management and budget

and purchasing agencies shall use their best efforts to minimize the length of the

solicitation by ensuring only those sections from the standardized solicitation

documents applicable to the procurement are included.

4. The office of management and budget may make the procurement information website

available to government entities, including political subdivisions of the state and public

schools, for the purpose of issuance of solicitation notices that are in addition to any

other notice requirements provided by law.
N.D. Cent. Code § 54-54-08.1 — ND Code / Title 54 / Chapter 54-54 / Section 54-54-08.1
54-54-08.1. Cultural endowment fund - Purposes
Status: in_force

54-54-08.1. Cultural endowment fund - Purposes

The North Dakota cultural endowment fund is hereby established to improve the intrinsic

quality of the lives of the state's citizens now and in the future through programs approved by

the council on the arts. Such programs must:

1. Increase cultural awareness by the state's citizens through programs in arts, crafts,

theater, ethnic and folk arts, literature, journalism, public media, historic preservation

and interpretation, visual arts, and architecture.

2. Make the items named in subsection 1 more available to the state's citizens.

3. Encourage the development of talent in the areas named in subsection 1 within the

state.

4. Preserve and increase understanding of North Dakota's heritage and future.
N.D. Cent. Code § 54-17-34.1 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-34.1
54-17-34.1. Farm finance program
Status: in_force

54-17-34.1. Farm finance program

Acting as the farm finance agency, the industrial commission may establish the first-time

farmer finance program to encourage first-time farmers to enter into and remain in the livelihood

of agriculture and to provide first-time farmers a source of financing at favorable rates and terms

generally not available to them. The first-time farmer finance program is established to allow

first-time farmers to utilize the tax-exempt financing provided for in the Internal Revenue Code

of 1986, and any amended regulations adopted thereunder.
N.D. Cent. Code § 54-52.1-06.1 — ND Code / Title 54 / Chapter 54-52.1 / Section 54-52.1-06.1
54-52.1-06.1. Uniform group insurance program benefits - Continuing appropriation
Status: in_force

54-52.1-06.1. Uniform group insurance program benefits - Continuing appropriation

The funds necessary to pay the consulting fees and health insurance benefits related to the

uniform group insurance program are hereby appropriated from insurance premiums received

by the board.
N.D. Cent. Code § 54-03-32 — ND Code / Title 54 / Chapter 54-03 / Section 54-03-32
54-03-32. Review of presidential executive orders - Restriction
Status: in_force

54-03-32. Review of presidential executive orders - Restriction

1. The legislative management may review any executive order issued by the president

of the United States which has not been affirmed by a vote of the Congress of the

United States and signed into law as prescribed by the Constitution of the United

States and recommend to the attorney general and the governor that the executive

order be further reviewed. Upon recommendation from the legislative management,

the attorney general shall review the executive order to determine the constitutionality

of the order and whether the state should seek an exemption from the application of

the order or seek to have the order declared to be an unconstitutional exercise of

legislative authority by the president.

2. Notwithstanding any other provision of law, the state, a political subdivision, or any

other publicly funded organization may not implement an executive order if the

attorney general issues an opinion that the executive order unconstitutionally restricts

a person's rights or has been found unconstitutional by a court of competent

jurisdiction and the executive order relates to:

a. Pandemics or other health emergencies;

b. The regulation of natural resources, including coal and oil;

c. The regulation of the agriculture industry;

d. The use of land;

e. The regulation of the financial sector as it relates to environmental, social, or

governance standards; or

f. The regulation of the constitutional right to keep and bear arms.
N.D. Cent. Code § 54-44.4-01.1 — ND Code / Title 54 / Chapter 54-44.4 / Section 54-44.4-01.1
54-44.4-01.1. Elected officials - Bidder - Communication
Status: in_force

54-44.4-01.1. Elected officials - Bidder - Communication

The office of management and budget shall develop guidelines for a person interested in

conducting business with the state. The guidelines must address communications between

interested persons and purchasing agencies before, during, and after the procurement process.

Procurements conducted by the office of management and budget or a purchasing agency must

have a procurement officer who serves as the point of contact for all correspondence related to

the procurement. A person that is interested in submitting a bid or has submitted a bid or

proposal to provide commodities or services to the state in response to an active procurement

should ensure all communications related to the procurement are only with the designated point

of contact. This section does not restrict an interested person's communication with state

officials or any member of the legislative assembly unless the state official or member of the

legislative assembly is involved directly with the procurement for which the person is interested

or has submitted a bid or proposal.
N.D. Cent. Code § 54-44-17 — ND Code / Title 54 / Chapter 54-44 / Section 54-44-17
54-44-17. State property and institution alternative use grant program
Status: in_force

54-44-17. State property and institution alternative use grant program

State institutions may work with local communities and stakeholders to develop proposed

property or institution alternative use plans, including partnerships with private industry and

not-for-profit organizations, to be reviewed by the office of management and budget. In

accordance with the provisions of the community and institution approved plan, the office of

management and budget shall introduce any statutory and constitutional changes necessary to

implement the plan and request funding for the grant under this section for consideration by the

legislative assembly. Subject to approval of all necessary statutory and constitutional changes

and necessary legislative appropriations, the office of management and budget shall provide a

grant up to the present value of the total estimated savings to the state for the next ten years

resulting from converting the property or institution to an alternative use. The office of

management and budget shall consider the estimated cost to the state of continuing to provide

the service of the institution or property to state residents when calculating the estimated

savings to the state. The office of management and budget shall use the rate of interest earned

on state funds deposited at the Bank of North Dakota for calculating the present value of the

estimated savings to the state. The grant is to assist the institution and community in the

transition to an alternative use.
N.D. Cent. Code § 54-54-09 — ND Code / Title 54 / Chapter 54-54 / Section 54-54-09
54-54-09. Report
Status: in_force

54-54-09. Report

The council shall submit a biennial report as provided in subsection 1 of section 54-06-04.

The report is also subject to the requirements of subsections 2, 4, and 5 of section 54-06-04.
N.D. Cent. Code § 54-27-32 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-32
54-27-32. Legacy earnings fund - State treasurer - Legacy fund distribution - Allocations
Status: in_force

54-27-32. Legacy earnings fund - State treasurer - Legacy fund distribution -

Allocations.

1. There is created in the state treasury the legacy earnings fund. The fund consists of all

moneys distributed by the state treasurer from the legacy fund pursuant to section 26

of article X of the Constitution of North Dakota. The distribution from the legacy fund

on July first of each odd-numbered year must be equal to eight percent of the five-year

average value of the legacy fund balance as reported by the state investment board.

The average value of the legacy fund balance must be calculated using the fund

balance at the end of each fiscal year for the five-year period ending with the most

recently completed even-numbered fiscal year.

2. From the amount distributed to the legacy earnings fund under subsection 1, the state

treasurer shall allocate the funding in July of each odd-numbered year in the following

order:

a. The first one hundred two million six hundred twenty-four thousand dollars or an

amount equal to the amount appropriated from the legacy sinking and interest

fund for debt service payments for a biennium, whichever is less, to the legacy

sinking and interest fund under section 6-09.4-10.1.

b. The remaining amount as follows:

(1) Thirty percent to the highway fund.

(2) The remainder to the legacy property tax relief fund.
N.D. Cent. Code § 54-44.1-14 — ND Code / Title 54 / Chapter 54-44.1 / Section 54-44.1-14
54-44.1-14. Biennial report to legislative assembly
Status: in_force

54-44.1-14. Biennial report to legislative assembly

The director of the budget or such member of that office as the director of the budget

designates may prepare and transmit to the governor and, upon approval by the governor, may

transmit to the members of the legislative assembly at least sixty days prior to the

commencement of an ensuing legislative session a report which must contain definite and

specific proposals and recommendations to accomplish the following purposes:

1. To simplify the governmental structure of the state so as to render it more economical

and efficient.

2. To eliminate all obsolete and unnecessary offices, departments, institutions, boards,

bureaus, and commissions of the state.

3. To consolidate the functions, services, and activities of state offices and agencies

thereof so as to eliminate duplication of service and expense wherever it exists.

4. To correlate the functions and services of the several offices and agencies of the state

government.

5. To eliminate obsolete methods, unnecessary functions and services carried on by the

state government and to render those functions and services which are determined to

be absolutely essential and more economical and efficient.
N.D. Cent. Code § 54-06-10 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-10
54-06-10. Out-of-state travel - Authorization necessary
Status: repealed

54-06-10. Out-of-state travel - Authorization necessary

Repealed by S.L. 1993, ch. 508, § 1.
N.D. Cent. Code § 54-07-01.1 — ND Code / Title 54 / Chapter 54-07 / Section 54-07-01.1
54-07-01.1. Emergency powers of the governor
Status: in_force

54-07-01.1. Emergency powers of the governor

In emergencies in support of national defense, the governor may cooperate with any officer

or agency of the United States in the transportation of persons or property and the conservation

and utilization of vital transportation equipment, materials, and supplies, and when requested by

such officer or agency, may issue executive orders related thereto which will:

1. Suspend or modify the enforcement of any statute, ordinance, or regulation relating to

the operation of motor vehicles upon the highways and streets of the state where it

appears that the enforcement of such statute, ordinance, or regulation would impede

or interfere with the national defense.

2. Prescribe maximum rates of speed at which any motor vehicle may be operated on

any highway or street in the state.

3. Prescribe the sizes and load weights of motor vehicles which may be operated on any

highway or street in the state.

4. Suspend the enforcement of any statute, ordinance, or regulation that requires any

motor vehicle, bus, or housetrailer, to which a valid and unexpired permit or license

has been issued by another state, to obtain a permit or license from this state.

5. Prescribe reasonable regulations for the conservation and utilization of the highways

and streets, and of vital transportation equipment, and materials and supplies used in

connection therewith.

6. Amend, revoke, or suspend any such executive order or regulation.

The governor shall report to the legislative assembly at its next session any proceedings taken

by the governor pursuant to this section. Such report must include copies of all executive orders

or regulations promulgated by the governor.
N.D. Cent. Code § 54-52.6-14 — ND Code / Title 54 / Chapter 54-52.6 / Section 54-52.6-14
54-52.6-14. Disability benefits
Status: in_force

54-52.6-14. Disability benefits

The board shall allow distribution of the participating member's vested account balance if

the board determines that the participating member has become totally and permanently

disabled. If approved, the disabled member has the same distribution options as provided in

subdivisions a and c of subsection 3 of section 54-52.6-13. However, if the member chooses the

periodic distribution option, the member may only receive distributions for as long as the

disability continues and the member submits the necessary documentation and undergoes

medical testing required by the board, or for as long as the member participates in a

rehabilitation program required by the board, or both. If the board determines that a member no

longer meets the eligibility definition, the board shall discontinue the disability retirement benefit.
N.D. Cent. Code § 54-27-20.2 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-20.2
54-27-20.2. State revenue sharing distribution formula
Status: repealed

54-27-20.2. State revenue sharing distribution formula

Repealed by S.L. 1997, ch. 19, § 3.
N.D. Cent. Code § 54-52.2-07 — ND Code / Title 54 / Chapter 54-52.2 / Section 54-52.2-07
54-52.2-07. Liability under deferred compensation program
Status: in_force

54-52.2-07. Liability under deferred compensation program

The financial liability of the state, county, city, or other political subdivision under a deferred

compensation program is limited in each instance to the value of the employee's deferred

compensation account, and the state, county, city, or other political subdivision is not

responsible for any loss which may result from investment of the deferred compensation under

the deferred compensation program.
N.D. Cent. Code § 54-60-08 — ND Code / Title 54 / Chapter 54-60 / Section 54-60-08
54-60-08. Workforce safety and insurance commerce data
Status: repealed

54-60-08. Workforce safety and insurance commerce data

Repealed by S.L. 2005, ch. 606, § 3.
N.D. Cent. Code § 54-44.1-08 — ND Code / Title 54 / Chapter 54-44.1 / Section 54-44.1-08
54-44.1-08. Budget report - Contents - When submitted to legislative assembly
Status: in_force

54-44.1-08. Budget report - Contents - When submitted to legislative assembly

The official budget report must be transmitted by the governor to all holdover legislators and

legislators-elect not later than three days after the commencement of the session of the

legislative assembly. Such report is not a third-class item under section 46-02-05. The budget

director shall provide for the duplication or other satisfactory reproduction or printing of the

official budget report, so as to ensure delivery of same as provided in this section. Such reports

must contain the budget and revenue proposals recommended by the governor and the

information required in subsections 1, 2, 3, 5, and 6 of section 54-44.1-06 and all other data and

information as the governor shall decide. The budget director shall make available any and all

information regarding budget data to the governor, the legislative assembly and its designees,

legislators, and to the governor-elect as may be requested. The governor may present any

additional budget information in any manner to the legislative assembly as the governor may

desire.
N.D. Cent. Code § 54-06-17 — ND Code / Title 54 / Chapter 54-06 / Section 54-06-17
54-06-17. Certain rental-purchase-type agreements authorized
Status: in_force

54-06-17. Certain rental-purchase-type agreements authorized

With the approval of the office of management and budget, any department, agency, or

institution of the state currently leasing or renting office equipment under an agreement that is

convertible to a rental-purchase or similar agreement, upon certification to the office of

management and budget that conversion of such leasing or rental agreement to a

rental-purchase or similar agreement is to the financial advantage of the state and does not

commit the state to payments thereon beyond the biennium for which funds are available, may

convert such rental or leasing agreement to such rental-purchase-type agreement.
N.D. Cent. Code § 54-60-28 — ND Code / Title 54 / Chapter 54-60 / Section 54-60-28
54-60-28. Uncrewed aircraft systems program - Report to legislative management
Status: in_force

54-60-28. Uncrewed aircraft systems program - Report to legislative management

1. The department may operate and administer an uncrewed aircraft systems test site,

contingent upon receiving official designation by the federal aviation administration.

The department may cooperate and contract with the university of North Dakota, the

North Dakota aeronautics commission, the adjutant general, and other public or

private entities as determined by the commissioner in the operation and administration

of the test site. The department may charge fees sufficient to operate the test site. The

department shall, to the extent possible, use competitive bidding in the operation and

administration of the test site. The commissioner may charter a public corporation to

operate the test site. The corporation must possess all of the powers of a business

corporation consistent with this chapter. The department shall report to the legislative

management semiannually on the status of the program.

2. In administering the uncrewed aircraft systems program, the uncrewed aircraft

systems test site established in subsection 1 may:

a. Enter contracts and agreements with public, private, and nonprofit organizations

for projects, activities, and research topics, and for the operation and

management of a public-private partnership under chapter 48-02.1;

b. Enter partnerships, limited liability companies, joint ventures, or other contractual

arrangements with private businesses for the purpose of business or industrial

development; and

c. Adopt policies governing ownership or transfer of ownership rights and

distribution of income that may be derived from an invention or discovery

resulting from research or employment in the uncrewed aircraft systems test site.
N.D. Cent. Code § 54-54-08.2 — ND Code / Title 54 / Chapter 54-54 / Section 54-54-08.2
54-54-08.2. Cultural endowments - Limitations
Status: in_force

54-54-08.2. Cultural endowments - Limitations

Investment of the cultural endowment fund must be under the supervision of the state

investment board in accordance with chapter 21-10. Funds will be expended from the cultural

endowment fund only to the limits of accrued interest on state general fund appropriations and

other public and private funds received. The expenditure of endowment funds must occur at the

direction of the North Dakota council on the arts. The council may seek the counsel and

assistance of a group or groups of private citizens of the council's choosing to aid it in arriving at

expenditure decisions when private funds are involved. Section 54-54-06 applies to private

donations to the cultural endowment fund; provided, that gifts, donations, and bequests can be

dedicated as principal of the fund in perpetuity or for a term of years, in which case only the

income earned as a result of investment of those funds can be expended pursuant to section

54-54-08.1 and this section.
N.D. Cent. Code § 54-16-07 — ND Code / Title 54 / Chapter 54-16 / Section 54-16-07
54-16-07. Failure to make report - False report - Penalty
Status: repealed

54-16-07. Failure to make report - False report - Penalty

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 54-17-36 — ND Code / Title 54 / Chapter 54-17 / Section 54-17-36
54-17-36. Lease of municipal waterworks and sewage systems
Status: in_force

54-17-36. Lease of municipal waterworks and sewage systems

Notwithstanding any other provision of law, the state, acting by and through its industrial

commission, may enter agreements to lease all or part of, or an undivided or other interest in,

the plant or equipment of any waterworks, mains, or water distribution system and any property

related thereto pursuant to subsection 5 of section 40-33-01, subsection 12 of section

61-24.5-09, or subsection 23 of section 61-35-12 or any sewage system and all related property

for the collection, treatment, purification, and disposal in a sanitary manner of sewage pursuant

to section 40-34-19 or subsection 23 of section 61-35-12 to or from a municipality or other

political subdivision or agency of the state, or to or from any person, for such compensation and

upon such terms and conditions as the parties under such agreement may stipulate. For the

purposes of this section, such agreements include any lease, sublease, purchase agreement,

lease-purchase agreement, installment purchase agreement, leaseback agreement, or other

contract, agreement, instrument, or arrangement pursuant to which any rights, interests, or

other property are transferred to, by, or from any party to, by, or from one or more parties, and

any related documents entered or to be entered, including any operating agreement, service

agreement, indemnity agreement, participation agreement, loan agreement, or payment

undertaking agreement. Any lease obligation entered under this section is payable solely from

revenues to be derived by the state or any agency or institution of the state from the ownership,

sale, lease, disposition, and operation of the plant or equipment of any waterworks, mains, or

water distribution system and any property related thereto or sewage systems and all related

property for the collection, treatment, purification, and disposal in a sanitary manner of sewage;

any funds or investments permitted under state law, and any earnings thereon, to the extent

pledged therefor; revenues to be derived by the state from any support and operating

agreement, service agreement, or any other agreement relating to the waterworks, mains, and

water distribution system or sewage system; funds, if any, appropriated annually by the

legislative assembly; and income or proceeds from any collateral pledged or provided therefor. A

lease obligation entered under this section does not constitute an indebtedness of the industrial

commission, the state, or any agency or officer or agent thereof, or a pledge of the full faith and

credit or unlimited taxing resources of the industrial commission, the state, or any agency or

officer or agent thereof. The industrial commission may authorize the public finance authority or

another agency or institution of the state to do and perform any acts and things authorized by

this section, including making, entering, and enforcing all contracts or agreements necessary,

convenient, or desirable for the purposes of this section.
N.D. Cent. Code § 54-63-04 — ND Code / Title 54 / Chapter 54-63 / Section 54-63-04
54-63-04. Renewable energy development fund - Continuing appropriation
Status: in_force

54-63-04. Renewable energy development fund - Continuing appropriation

The renewable energy development fund is a special fund in the state treasury. All funds in

the renewable energy development fund are appropriated to the industrial commission on a

continuing basis for the purpose of carrying out and effectuating this chapter. Interest earned by

the fund must be credited to the fund.
N.D. Cent. Code § 54-52.6-09.2 — ND Code / Title 54 / Chapter 54-52.6 / Section 54-52.6-09.2
54-52.6-09.2. Additional employer contributions
Status: in_force

54-52.6-09.2. Additional employer contributions

Additional lump sum contributions by an employer to a participating member's defined

contribution retirement plan account may be made if the participating member has not retired

and has not received a retirement benefit under this chapter. Contributions may be made in an

amount actuarially equivalent to the amounts determined pursuant to chapter 54-52 as follows:

1. For the conversion of sick leave pursuant to section 54-52-27 if the participating

member has four or more years of service.

2. The equivalent of up to five years of service credit unrelated to any other eligible

service as provided in subsection 5 of section 54-52-29 if the participating member has

twenty-five or more years of service.
N.D. Cent. Code § 54-17.7-06 — ND Code / Title 54 / Chapter 54-17.7 / Section 54-17.7-06
54-17.7-06. Authority may participate upon request
Status: in_force

54-17.7-06. Authority may participate upon request

The authority may participate in a pipeline facility through financing, planning, joint

ownership, or other arrangements at the request of a person giving a notice of intent.
N.D. Cent. Code § 54-30-13 — ND Code / Title 54 / Chapter 54-30 / Section 54-30-13
54-30-13. Bank of North Dakota to turn over to treasurer all payments made to it - Payments may be made to treasurer - Report to bank
Status: repealed

54-30-13. Bank of North Dakota to turn over to treasurer all payments made to it -

Payments may be made to treasurer - Report to bank.

Repealed by S.L. 1983, ch. 567, § 16.
N.D. Cent. Code § 54-52.1-14 — ND Code / Title 54 / Chapter 54-52.1 / Section 54-52.1-14
54-52.1-14. Wellness program
Status: in_force

54-52.1-14. Wellness program

The board shall develop an employer-based wellness program. The program must

encourage employers to adopt a board-developed wellness program by either charging extra

health insurance premium to nonparticipating employers or reducing premium for participating

employers.
N.D. Cent. Code § 54-44.1-09.1 — ND Code / Title 54 / Chapter 54-44.1 / Section 54-44.1-09.1
54-44.1-09.1. Insurance recoveries appropriated
Status: in_force

54-44.1-09.1. Insurance recoveries appropriated

Any payment to a state budget unit for a loss under chapter 26.1-22 or for any loss covered

by any property and casualty insurance is hereby appropriated to that budget unit to be used

solely for the repair, rebuilding, or replacement of the destroyed or damaged building, property,

or equipment. Insurance proceeds may be used for purposes other than the repair, rebuilding,

or replacement of the destroyed property with the approval of the emergency commission or as

appropriated by the legislative assembly.
N.D. Cent. Code § 54-27-15.1 — ND Code / Title 54 / Chapter 54-27 / Section 54-27-15.1
54-27-15.1. State treasurer's checks, warrants, and warrant-checks - Cancellation - Deposit to common schools trust fund - Subsequent payment - Continuing appropriation
Status: in_force

54-27-15.1. State treasurer's checks, warrants, and warrant-checks - Cancellation -

Deposit to common schools trust fund - Subsequent payment - Continuing appropriation.

The state treasurer, at the beginning of each fiscal year, shall prepare a list of the checks,

warrants, and warrant-checks drawn on various depositories which are more than two years old

which remain outstanding and unpaid and shall show the number, date, payee, with address of

payee if available, amount, and fund, if available, against which said instrument was drawn. A

copy of such list must then be used as an authority for writing a receipt of the total of such check

or checks and shall credit such amount to the common schools trust fund pursuant to chapter
N.D. Cent. Code § 54-03.2-01 — ND Code / Title 54 / Chapter 54-03.2 / Section 54-03.2-01
54-03.2-01. Establishment and purpose of code
Status: in_force

54-03.2-01. Establishment and purpose of code

A code of fair procedure for legislative investigating committees is hereby established for

the purpose of providing for the creation and operation of legislative investigating committees in

a manner which will enable them to perform properly the powers and duties vested in them,

including the conduct of hearings, in a fair and impartial manner, consistent with protection of

the constitutional rights of persons called to testify at such hearings and preservation of the

public good.
N.D. Cent. Code § 54-66-04.2 — ND Code / Title 54 / Chapter 54-66 / Section 54-66-04.2
54-66-04.2. Advisory opinions - Authority - Effect
Status: in_force

54-66-04.2. Advisory opinions - Authority - Effect

1. In response to a request from a public official, candidate for elected office, or lobbyist,

the ethics commission may provide a written advisory opinion regarding the application

of the following to specified hypothetical facts or prospective conduct:

a. Article XIV of the Constitution of North Dakota; or

b. State statutes and ethics commission rules related to transparency, corruption,

elections, and lobbying.

2. Within fourteen days after receiving a request for a written advisory opinion, the ethics

commission shall notify the requester whether the commission will provide an opinion.

3. Within ninety days after notifying a requester a written advisory opinion will be

provided, the ethics commission shall issue the opinion.

4. Criminal and civil penalties may not be imposed upon an individual for an action taken

in accordance with an opinion issued under this section if:

a. The individual acts in good faith; and

b. The material facts surrounding the action taken are substantially the same as the

conduct presented in the opinion.

5. Opinions and requests for opinions under this section are open records, except names

of persons in the opinions and requests are exempt records.

6. The ethics commission shall publish all written advisory opinions issued under this

section on a website that is accessible to the public.