25.0146.02000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Appropriations Committee
A BILL for an Act to provide an appropriation for defraying the expenses of the office of the
secretary of state; to amend and reenact sections 46-03-11, 46-04-01, 46-04-03, 46-04-04,
46-04-10, 46-04-14, 46-04-18, 46-04-19, and 54-09-05 of the North Dakota Century Code,
relating to public printing and the salary of the secretary of state; to provide for a transfer; and to
provide an exemption.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. APPROPRIATION. The funds provided in this section, or so much of the funds
as may be necessary, are appropriated out of any moneys in the general fund in the state
treasury, not otherwise appropriated, and from other funds derived from special funds and
federal funds, to the secretary of state for the purpose of defraying the expenses of the
secretary of state and public printing, for the biennium beginning July 1, 2025, and ending
June 30, 2027, as follows:
SECRETARY OF STATE
Subdivision 1.
Adjustments or
Base Level Enhancements Appropriation
Salaries and wages $6,366,407 $587,108 $6,953,515
New and vacant FTE pool 0 148,177 148,177
Operating expenses 4,984,331 2,171,051 7,155,382
Grants 25,000 0 25,000
Petition review 8,000 0 8,000
Election reform 4,830,808 4,397,006 9,227,814
Page No. 1 25.0146.02000
ENGROSSED HOUSE BILL NO. 1002
FIRST ENGROSSMENT
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Total all funds $16,214,546 $7,303,342 $23,517,888
Less other funds 9,344,171 4,732,898 14,077,069
Total general fund $6,870,375 $2,570,444 $9,440,819
Full-time equivalent positions 35.00 (2.00) 33.00
Subdivision 2.
SECRETARY OF STATE - PUBLIC PRINTING
Adjustments or
Base Level Enhancements Appropriation
Public printing $271,335 ($271,335) $0
Total general fund $271,335 ($271,335) $0
Subdivision 3
TOTAL - SECTION 1
Adjustments or
Base Level Enhancements Appropriation
Grand total all funds $16,485,881 $7,032,007 $23,517,888
Grand total other funds 9,344,171 4,732,898 14,077,069
Grand total general fund $7,141,710 $2,299,109 $9,440,819
SECTION 2. ONE-TIME FUNDING - EFFECT ON BASE BUDGET - REPORT TO THE
SEVENTIETH LEGISLATIVE ASSEMBLY. The following amounts reflect the one-time funding
items included in the appropriation in section 1 of this Act which are not included in the entity's
base budget for the 2027-29 biennium and which the entity shall report to the appropriations
committees of the seventieth legislative assembly regarding the use of this funding:
One - Time Funding Description Other Funds
Election pollpads and cradle points $2,800,000
Information technology enhancements 700,000
Election security grant 100,359
Help America Vote act 1,000,000
Total other funds $4,600,359
SECTION 3. NEW AND VACANT FTE POOL - LIMITATION - TRANSFER REQUEST. The
secretary of state may not spend funds appropriated in the new and vacant FTE pool line item
in section 1 of this Act, but may request the office of management and budget to transfer funds
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from the new and vacant FTE pool line item to the salaries and wages line item in accordance
with the guidelines and reporting provisions included in House Bill No. 1015, as approved by the
sixty-ninth legislative assembly.
SECTION 4. OTHER FUNDS - STRATEGIC INVESTMENT AND IMPROVEMENTS FUND.
The other funds line item in section 1 of this Act includes the sum of $3,500,000 from the
strategic investment and improvements fund for election pollpad and cradle points replacement
and information technology system enhancements for the secretary of state.
SECTION 5. TRANSFER - GENERAL FUND - ELECTION FUND. The office of
management and budget may transfer up to $600,000 from the general fund, appropriated in
the election reform line item in section 1 of this Act, to the election fund to match federal funds
received by the state, as requested by the secretary of state, during the biennium beginning
July 1, 2025, and ending June 30, 2027.
SECTION 6. AMENDMENT. Section 46-03-11 of the North Dakota Century Code is
amended and reenacted as follows:
46-03-11. Publication of session laws and pocket supplements.
The secretary of state and the legislative council shall correct ministerial or clerical errors
and supervise the publication of the session laws and pocket part supplements to this code in a
manner and form prescribed by the legislative council, correlating each year's laws with this
code.
SECTION 7. AMENDMENT. Section 46-04-01 of the North Dakota Century Code is
amended and reenacted as follows:
46-04-01. Official distribution of state laws - Secretary of stateLegislative council to
control.
Each member of the legislative assembly and each, constitutional officer of the state, and
each judge of the supreme and district courts for the use of their respective offices and
departments is entitled to receive from the state a copy of any publication of the laws of the
state and of any compilation or codification thereofof the laws of the state published under
authority of the state. The district court in every county in the state is entitled to a copy of
suchthe publications. The codification of laws of the state received by each member of the
legislative assembly is subject to section 54-03-23. The secretary of statelegislative council
shall designate other offices and agencies of the state that are entitled to receive copies of any
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sucha publication of the laws for the use of suchthe state offices and agencies and also shall
determine the number of copies of any publication to be received by any recipient in a
distribution under the provisions of this section, if more than one copy is needed by suchthe
recipient for official use. All agencies that are funded entirely from special state funds or federal
funds must be charged for the actual cost of each copy of suchthe publications that the agency
requests.
SECTION 8. AMENDMENT. Section 46-04-03 of the North Dakota Century Code is
amended and reenacted as follows:
46-04-03. Distribution of session laws, compilations, and codifications by secretary
of statelegislative council.
The secretary of state, as soon as conveniently can be done afterlegislative council shall
distribute as provided in sections 46 - 04 - 01 and 46 - 04 - 02 the publication of any session laws,
compilations, or codifications, shall cause copies thereof to be distributed as provided in
sections 46-04-01 and 46-04-02and copies of those documents, as soon as practicable. The
secretary of state, in addition,legislative council shall furnish to the legislative assembly such
additional copies as are necessary upon resolution of the respective branches or committees
thereofof the legislative assembly and shall furnish to each member of the legislative assembly,
upon demand thereforrequest, such current volumes of laws as have not been obtained by the
member through service in previous sessions.
SECTION 9. AMENDMENT. Section 46-04-04 of the North Dakota Century Code is
amended and reenacted as follows:
46-04-04. Session laws, compilations, and codifications remain property of state.
Except as otherwise provided by law, each copy of laws, compilations, or codifications
furnished to any officer, department, or agency of the state, or to the legislative assembly, its
officers, or committees is and must remain the property of the state and must be surrendered to
the secretary of statelegislative council or to the recipient's successor in office.
SECTION 10. AMENDMENT. Section 46-04-10 of the North Dakota Century Code is
amended and reenacted as follows:
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46-04-10. Duties of secretary of statelegislative council - Exchange of laws with other
states.
The secretary of statelegislative council may distribute copies of all laws passed by each
legislative assembly and all compilations or codifications of the same, whenever it seems
desirablelaws passed by each legislative assembly:
1.In exchange for like publications of other states.
2.To replace copies lost or damaged in official use.
3.To provide copies as needed to state officers, boards, commissions, institutions, or
agencies of the state.
4.To provide copies as needed to the national conference of commissioners on uniform
state laws.
SECTION 11. AMENDMENT. Section 46-04-14 of the North Dakota Century Code is
amended and reenacted as follows:
46-04-14. Secretary of stateLegislative council to forward laws to counties.
As soon as the laws of each session of the legislative assembly are printed and ready for
distribution, the secretary of statelegislative council shall forward thosethe laws to which each
county is entitled to the county auditor of the county.
SECTION 12. AMENDMENT. Section 46-04-18 of the North Dakota Century Code is
amended and reenacted as follows:
46-04-18. Secretary of stateLegislative council to sell certain laws.
During the biennium immediately after publication, the secretary of statelegislative council
mustshall sell copies of the session laws for the cost of publication and handling plus ten
percent. In subsequent bienniums, the secretary of statelegislative council may determine and
set a price for the copies of the session laws not sold in the biennium immediately after their
publication. The price set should maximize the recovery of the cost of publication and handling
and minimize the number of volumes subject to disposal under section 46-04-19. All moneys
received under the provisions of this section must be paid over to the state treasurer and
credited to the general fund.
SECTION 13. AMENDMENT. Section 46-04-19 of the North Dakota Century Code is
amended and reenacted as follows:
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46-04-19. Secretary of stateLegislative council may dispose of laws.
The secretary of statelegislative council may dispose of all volumes of the laws that are ten
or more years old, except one volume of each that, which must be retained for historical
purposes.
SECTION 14. AMENDMENT. Section 54-09-05 of the North Dakota Century Code is
amended and reenacted as follows:
54-09-05. Salary of secretary of state.
The annual salary of the secretary of state is one hundred thirty thousand dollars through
June 30, 2024, and one hundred thirty-five thousand two hundred dollarsone hundred
thirty - nine thousand two hundred fifty - six dollars though June 30, 2026, and one hundred
forty - three thousand four hundred thirty - four dollars thereafter.
SECTION 15. EXEMPTION - STATE FISCAL RECOVERY FUND. The amount of
$6,000,000 appropriated from federal funds derived from the state fiscal recovery fund for the
purposes of an election management system and to upgrade FirstStop in section 1 of
chapter 34 of the 2023 Session Laws is not subject to section 54-44.1-11 and any unexpended
funds from these projects are available to the secretary of state for costs relating to an election
management system and to upgrade FirstStop during the biennium beginning July 1, 2025, and
ending June 30, 2027.
SECTION 16. EXEMPTION - STRATEGIC INVESTMENT AND IMPROVEMENTS FUND.
The amount of $1,500,000 appropriated from the strategic investment and improvements fund
for the purposes of a new campaign system, contracted website redesign, and information
technology enhancements in section 1 of chapter 34 of the 2023 Session Laws is not subject to
section 54-44.1-11 and any unexpended funds from these projects are available to the secretary
of state for costs relating to a new campaign system, contracted website redesign, and
information technology enhancements during the biennium beginning July 1, 2025, and ending
June 30, 2027.
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