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North Dakota House Bill HB1002

North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1002 Compare Versions

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1-Sixty-ninth Legislative Assembly of North Dakota
2-In Regular Session Commencing Tuesday, January 7, 2025
3-HOUSE BILL NO. 1002
4-(Appropriations Committee)
5-AN ACT to provide an appropriation for defraying the expenses of the office of the secretary of state; to
6-amend and reenact sections 46-03-11, 46-04-01, 46-04-03, 46-04-04, 46-04-10, 46-04-14,
7-46-04-18, 46-04-19, and 54-09-05 of the North Dakota Century Code, relating to public printing
8-and the salary of the secretary of state; to provide for a transfer; and to provide an exemption.
1+25.0146.02000
2+Sixty-ninth
3+Legislative Assembly
4+of North Dakota
5+Introduced by
6+Appropriations Committee
7+A BILL for an Act to provide an appropriation for defraying the expenses of the office of the
8+secretary of state; to amend and reenact sections 46-03-11, 46-04-01, 46-04-03, 46-04-04,
9+46-04-10, 46-04-14, 46-04-18, 46-04-19, and 54-09-05 of the North Dakota Century Code,
10+relating to public printing and the salary of the secretary of state; to provide for a transfer; and to
11+provide an exemption.
912 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
10-SECTION 1. APPROPRIATION. The funds provided in this section, or so much of the funds as may
11-be necessary, are appropriated out of any moneys in the general fund in the state treasury, not
12-otherwise appropriated, and from other funds derived from special funds and federal funds, to the
13-secretary of state for the purpose of defraying the expenses of the secretary of state and public printing,
14-for the biennium beginning July 1, 2025, and ending June 30, 2027, as follows:
13+SECTION 1. APPROPRIATION. The funds provided in this section, or so much of the funds
14+as may be necessary, are appropriated out of any moneys in the general fund in the state
15+treasury, not otherwise appropriated, and from other funds derived from special funds and
16+federal funds, to the secretary of state for the purpose of defraying the expenses of the
17+secretary of state and public printing, for the biennium beginning July 1, 2025, and ending
18+June 30, 2027, as follows:
1519 SECRETARY OF STATE
1620 Subdivision 1.
1721 Adjustments or
1822 Base Level Enhancements Appropriation
1923 Salaries and wages $6,366,407 $587,108 $6,953,515
2024 New and vacant FTE pool 0 148,177 148,177
2125 Operating expenses 4,984,331 2,171,051 7,155,382
2226 Grants 25,000 0 25,000
2327 Petition review 8,000 0 8,000
2428 Election reform 4,830,808 4,397,006 9,227,814
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30+ENGROSSED HOUSE BILL NO. 1002
31+FIRST ENGROSSMENT
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2554 Total all funds $16,214,546 $7,303,342 $23,517,888
2655 Less other funds 9,344,171 4,732,898 14,077,069
2756 Total general fund $6,870,375 $2,570,444 $9,440,819
2857 Full-time equivalent positions 35.00 (2.00) 33.00
2958 Subdivision 2.
3059 SECRETARY OF STATE - PUBLIC PRINTING
3160 Adjustments or
3261 Base Level Enhancements Appropriation
3362 Public printing $271,335 ($271,335) $0
3463 Total general fund $271,335 ($271,335) $0
3564 Subdivision 3
3665 TOTAL - SECTION 1
3766 Adjustments or
3867 Base Level Enhancements Appropriation
3968 Grand total all funds $16,485,881 $7,032,007 $23,517,888
4069 Grand total other funds 9,344,171 4,732,898 14,077,069
4170 Grand total general fund $7,141,710 $2,299,109 $9,440,819
4271 SECTION 2. ONE-TIME FUNDING - EFFECT ON BASE BUDGET - REPORT TO THE
43-SEVENTIETH LEGISLATIVE ASSEMBLY. The following amounts reflect the one-time funding items
44-included in the appropriation in section 1 of this Act which are not included in the entity's base budget H. B. NO. 1002 - PAGE 2
45-for the 2027-29 biennium and which the entity shall report to the appropriations committees of the
46-seventieth legislative assembly regarding the use of this funding:
72+SEVENTIETH LEGISLATIVE ASSEMBLY. The following amounts reflect the one-time funding
73+items included in the appropriation in section 1 of this Act which are not included in the entity's
74+base budget for the 2027-29 biennium and which the entity shall report to the appropriations
75+committees of the seventieth legislative assembly regarding the use of this funding:
4776 One - Time Funding Description Other Funds
4877 Election pollpads and cradle points $2,800,000
4978 Information technology enhancements 700,000
5079 Election security grant 100,359
5180 Help America Vote act 1,000,000
5281 Total other funds $4,600,359
5382 SECTION 3. NEW AND VACANT FTE POOL - LIMITATION - TRANSFER REQUEST. The
54-secretary of state may not spend funds appropriated in the new and vacant FTE pool line item in
55-section 1 of this Act, but may request the office of management and budget to transfer funds from the
56-new and vacant FTE pool line item to the salaries and wages line item in accordance with the
57-guidelines and reporting provisions included in House Bill No. 1015, as approved by the sixty-ninth
58-legislative assembly.
59-SECTION 4. OTHER FUNDS - STRATEGIC INVESTMENT AND IMPROVEMENTS FUND. The
60-other funds line item in section 1 of this Act includes the sum of $3,500,000 from the strategic
61-investment and improvements fund for election pollpad and cradle points replacement and information
62-technology system enhancements for the secretary of state.
63-SECTION 5. TRANSFER - GENERAL FUND - ELECTION FUND. The office of management and
64-budget may transfer up to $600,000 from the general fund, appropriated in the election reform line item
65-in section 1 of this Act, to the election fund to match federal funds received by the state, as requested
66-by the secretary of state, during the biennium beginning July 1, 2025, and ending June 30, 2027.
67-SECTION 6. AMENDMENT. Section 46-03-11 of the North Dakota Century Code is amended and
68-reenacted as follows:
83+secretary of state may not spend funds appropriated in the new and vacant FTE pool line item
84+in section 1 of this Act, but may request the office of management and budget to transfer funds
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118+from the new and vacant FTE pool line item to the salaries and wages line item in accordance
119+with the guidelines and reporting provisions included in House Bill No. 1015, as approved by the
120+sixty-ninth legislative assembly.
121+SECTION 4. OTHER FUNDS - STRATEGIC INVESTMENT AND IMPROVEMENTS FUND.
122+The other funds line item in section 1 of this Act includes the sum of $3,500,000 from the
123+strategic investment and improvements fund for election pollpad and cradle points replacement
124+and information technology system enhancements for the secretary of state.
125+SECTION 5. TRANSFER - GENERAL FUND - ELECTION FUND. The office of
126+management and budget may transfer up to $600,000 from the general fund, appropriated in
127+the election reform line item in section 1 of this Act, to the election fund to match federal funds
128+received by the state, as requested by the secretary of state, during the biennium beginning
129+July 1, 2025, and ending June 30, 2027.
130+SECTION 6. AMENDMENT. Section 46-03-11 of the North Dakota Century Code is
131+amended and reenacted as follows:
69132 46-03-11. Publication of session laws and pocket supplements.
70-The secretary of state and the legislative council shall correct ministerial or clerical errors and
71-supervise the publication of the session laws and pocket part supplements to this code in a manner and
72-form prescribed by the legislative council, correlating each year's laws with this code.
73-SECTION 7. AMENDMENT. Section 46-04-01 of the North Dakota Century Code is amended and
74-reenacted as follows:
75-46-04-01. Official distribution of state laws - Secretary of stateLegislative council to control.
76-Each member of the legislative assembly and each, constitutional officer of the state, and each
77-judge of the supreme and district courts for the use of their respective offices and departments is
78-entitled to receive from the state a copy of any publication of the laws of the state and of any
79-compilation or codification thereofof the laws of the state published under authority of the state. The
80-district court in every county in the state is entitled to a copy of suchthe publications. The codification of
81-laws of the state received by each member of the legislative assembly is subject to section 54-03-23.
82-The secretary of statelegislative council shall designate other offices and agencies of the state that are
83-entitled to receive copies of any sucha publication of the laws for the use of suchthe state offices and
84-agencies and also shall determine the number of copies of any publication to be received by any
85-recipient in a distribution under the provisions of this section, if more than one copy is needed by
86-suchthe recipient for official use. All agencies that are funded entirely from special state funds or federal
133+The secretary of state and the legislative council shall correct ministerial or clerical errors
134+and supervise the publication of the session laws and pocket part supplements to this code in a
135+manner and form prescribed by the legislative council, correlating each year's laws with this
136+code.
137+SECTION 7. AMENDMENT. Section 46-04-01 of the North Dakota Century Code is
138+amended and reenacted as follows:
139+46-04-01. Official distribution of state laws - Secretary of stateLegislative council to
140+control.
141+Each member of the legislative assembly and each, constitutional officer of the state, and
142+each judge of the supreme and district courts for the use of their respective offices and
143+departments is entitled to receive from the state a copy of any publication of the laws of the
144+state and of any compilation or codification thereofof the laws of the state published under
145+authority of the state. The district court in every county in the state is entitled to a copy of
146+suchthe publications. The codification of laws of the state received by each member of the
147+legislative assembly is subject to section 54-03-23. The secretary of statelegislative council
148+shall designate other offices and agencies of the state that are entitled to receive copies of any
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182+sucha publication of the laws for the use of suchthe state offices and agencies and also shall
183+determine the number of copies of any publication to be received by any recipient in a
184+distribution under the provisions of this section, if more than one copy is needed by suchthe
185+recipient for official use. All agencies that are funded entirely from special state funds or federal
87186 funds must be charged for the actual cost of each copy of suchthe publications that the agency
88187 requests.
89-SECTION 8. AMENDMENT. Section 46-04-03 of the North Dakota Century Code is amended and
90-reenacted as follows: H. B. NO. 1002 - PAGE 3
91-46-04-03. Distribution of session laws, compilations, and codifications by secretary of
92-statelegislative council.
93-The secretary of state, as soon as conveniently can be done afterlegislative council shall distribute
94-as provided in sections 46 - 04 - 01 and 46 - 04 - 02 the publication of any session laws, compilations, or
95-codifications, shall cause copies thereof to be distributed as provided in sections 46-04-01 and
96-46-04-02and copies of those documents, as soon as practicable. The secretary of state, in
97-addition,legislative council shall furnish to the legislative assembly such additional copies as are
98-necessary upon resolution of the respective branches or committees thereofof the legislative assembly
99-and shall furnish to each member of the legislative assembly, upon demand thereforrequest, such
100-current volumes of laws as have not been obtained by the member through service in previous
101-sessions.
102-SECTION 9. AMENDMENT. Section 46-04-04 of the North Dakota Century Code is amended and
103-reenacted as follows:
188+SECTION 8. AMENDMENT. Section 46-04-03 of the North Dakota Century Code is
189+amended and reenacted as follows:
190+46-04-03. Distribution of session laws, compilations, and codifications by secretary
191+of statelegislative council.
192+The secretary of state, as soon as conveniently can be done afterlegislative council shall
193+distribute as provided in sections 46 - 04 - 01 and 46 - 04 - 02 the publication of any session laws,
194+compilations, or codifications, shall cause copies thereof to be distributed as provided in
195+sections 46-04-01 and 46-04-02and copies of those documents, as soon as practicable. The
196+secretary of state, in addition,legislative council shall furnish to the legislative assembly such
197+additional copies as are necessary upon resolution of the respective branches or committees
198+thereofof the legislative assembly and shall furnish to each member of the legislative assembly,
199+upon demand thereforrequest, such current volumes of laws as have not been obtained by the
200+member through service in previous sessions.
201+SECTION 9. AMENDMENT. Section 46-04-04 of the North Dakota Century Code is
202+amended and reenacted as follows:
104203 46-04-04. Session laws, compilations, and codifications remain property of state.
105-Except as otherwise provided by law, each copy of laws, compilations, or codifications furnished to
106-any officer, department, or agency of the state, or to the legislative assembly, its officers, or committees
107-is and must remain the property of the state and must be surrendered to the secretary of statelegislative
108-council or to the recipient's successor in office.
109-SECTION 10. AMENDMENT. Section 46-04-10 of the North Dakota Century Code is amended and
110-reenacted as follows:
111-46-04-10. Duties of secretary of statelegislative council - Exchange of laws with other states.
112-The secretary of statelegislative council may distribute copies of all laws passed by each legislative
113-assembly and all compilations or codifications of the same, whenever it seems desirablelaws passed by
114-each legislative assembly:
204+Except as otherwise provided by law, each copy of laws, compilations, or codifications
205+furnished to any officer, department, or agency of the state, or to the legislative assembly, its
206+officers, or committees is and must remain the property of the state and must be surrendered to
207+the secretary of statelegislative council or to the recipient's successor in office.
208+SECTION 10. AMENDMENT. Section 46-04-10 of the North Dakota Century Code is
209+amended and reenacted as follows:
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240+46-04-10. Duties of secretary of statelegislative council - Exchange of laws with other
241+states.
242+The secretary of statelegislative council may distribute copies of all laws passed by each
243+legislative assembly and all compilations or codifications of the same, whenever it seems
244+desirablelaws passed by each legislative assembly:
115245 1.In exchange for like publications of other states.
116246 2.To replace copies lost or damaged in official use.
117-3.To provide copies as needed to state officers, boards, commissions, institutions, or agencies
118-of the state.
119-4.To provide copies as needed to the national conference of commissioners on uniform state
120-laws.
121-SECTION 11. AMENDMENT. Section 46-04-14 of the North Dakota Century Code is amended and
122-reenacted as follows:
247+3.To provide copies as needed to state officers, boards, commissions, institutions, or
248+agencies of the state.
249+4.To provide copies as needed to the national conference of commissioners on uniform
250+state laws.
251+SECTION 11. AMENDMENT. Section 46-04-14 of the North Dakota Century Code is
252+amended and reenacted as follows:
123253 46-04-14. Secretary of stateLegislative council to forward laws to counties.
124254 As soon as the laws of each session of the legislative assembly are printed and ready for
125-distribution, the secretary of statelegislative council shall forward thosethe laws to which each county is
126-entitled to the county auditor of the county.
127-SECTION 12. AMENDMENT. Section 46-04-18 of the North Dakota Century Code is amended and
128-reenacted as follows:
255+distribution, the secretary of statelegislative council shall forward thosethe laws to which each
256+county is entitled to the county auditor of the county.
257+SECTION 12. AMENDMENT. Section 46-04-18 of the North Dakota Century Code is
258+amended and reenacted as follows:
129259 46-04-18. Secretary of stateLegislative council to sell certain laws.
130-During the biennium immediately after publication, the secretary of statelegislative council mustshall
131-sell copies of the session laws for the cost of publication and handling plus ten percent. In subsequent
132-bienniums, the secretary of statelegislative council may determine and set a price for the copies of the H. B. NO. 1002 - PAGE 4
133-session laws not sold in the biennium immediately after their publication. The price set should maximize
134-the recovery of the cost of publication and handling and minimize the number of volumes subject to
135-disposal under section 46-04-19. All moneys received under the provisions of this section must be paid
136-over to the state treasurer and credited to the general fund.
137-SECTION 13. AMENDMENT. Section 46-04-19 of the North Dakota Century Code is amended and
138-reenacted as follows:
260+During the biennium immediately after publication, the secretary of statelegislative council
261+mustshall sell copies of the session laws for the cost of publication and handling plus ten
262+percent. In subsequent bienniums, the secretary of statelegislative council may determine and
263+set a price for the copies of the session laws not sold in the biennium immediately after their
264+publication. The price set should maximize the recovery of the cost of publication and handling
265+and minimize the number of volumes subject to disposal under section 46-04-19. All moneys
266+received under the provisions of this section must be paid over to the state treasurer and
267+credited to the general fund.
268+SECTION 13. AMENDMENT. Section 46-04-19 of the North Dakota Century Code is
269+amended and reenacted as follows:
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139302 46-04-19. Secretary of stateLegislative council may dispose of laws.
140-The secretary of statelegislative council may dispose of all volumes of the laws that are ten or more
141-years old, except one volume of each that, which must be retained for historical purposes.
142-SECTION 14. AMENDMENT. Section 54-09-05 of the North Dakota Century Code is amended and
143-reenacted as follows:
303+The secretary of statelegislative council may dispose of all volumes of the laws that are ten
304+or more years old, except one volume of each that, which must be retained for historical
305+purposes.
306+SECTION 14. AMENDMENT. Section 54-09-05 of the North Dakota Century Code is
307+amended and reenacted as follows:
144308 54-09-05. Salary of secretary of state.
145-The annual salary of the secretary of state is one hundred thirty thousand dollars through June 30,
146-2024, and one hundred thirty-five thousand two hundred dollarsone hundred thirty - nine thousand two
147-hundred fifty - six dollars though June 30, 2026, and one hundred forty - three thousand four hundred
148-thirty - four dollars thereafter.
149-SECTION 15. EXEMPTION - STATE FISCAL RECOVERY FUND. The amount of $6,000,000
150-appropriated from federal funds derived from the state fiscal recovery fund for the purposes of an
151-election management system and to upgrade FirstStop in section 1 of chapter 34 of the 2023 Session
152-Laws is not subject to section 54-44.1-11 and any unexpended funds from these projects are available
153-to the secretary of state for costs relating to an election management system and to upgrade FirstStop
154-during the biennium beginning July 1, 2025, and ending June 30, 2027.
155-SECTION 16. EXEMPTION - STRATEGIC INVESTMENT AND IMPROVEMENTS FUND. The
156-amount of $1,500,000 appropriated from the strategic investment and improvements fund for the
157-purposes of a new campaign system, contracted website redesign, and information technology
158-enhancements in section 1 of chapter 34 of the 2023 Session Laws is not subject to section 54-44.1-11
159-and any unexpended funds from these projects are available to the secretary of state for costs relating
160-to a new campaign system, contracted website redesign, and information technology enhancements
161-during the biennium beginning July 1, 2025, and ending June 30, 2027. H. B. NO. 1002 - PAGE 5
162-____________________________ ____________________________
163-Speaker of the House President of the Senate
164-____________________________ ____________________________
165-Chief Clerk of the House Secretary of the Senate
166-This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
167-Assembly of North Dakota and is known on the records of that body as House Bill No. 1002.
168-House Vote: Yeas 86 Nays 1 Absent 7
169-Senate Vote:Yeas 46 Nays 0 Absent 1
170-____________________________
171-Chief Clerk of the House
172-Received by the Governor at ________M. on _____________________________________, 2025.
173-Approved at ________M. on __________________________________________________, 2025.
174-____________________________
175-Governor
176-Filed in this office this ___________day of _______________________________________, 2025,
177-at ________ o’clock ________M.
178-____________________________
179-Secretary of State
309+The annual salary of the secretary of state is one hundred thirty thousand dollars through
310+June 30, 2024, and one hundred thirty-five thousand two hundred dollarsone hundred
311+thirty - nine thousand two hundred fifty - six dollars though June 30, 2026, and one hundred
312+forty - three thousand four hundred thirty - four dollars thereafter.
313+SECTION 15. EXEMPTION - STATE FISCAL RECOVERY FUND. The amount of
314+$6,000,000 appropriated from federal funds derived from the state fiscal recovery fund for the
315+purposes of an election management system and to upgrade FirstStop in section 1 of
316+chapter 34 of the 2023 Session Laws is not subject to section 54-44.1-11 and any unexpended
317+funds from these projects are available to the secretary of state for costs relating to an election
318+management system and to upgrade FirstStop during the biennium beginning July 1, 2025, and
319+ending June 30, 2027.
320+SECTION 16. EXEMPTION - STRATEGIC INVESTMENT AND IMPROVEMENTS FUND.
321+The amount of $1,500,000 appropriated from the strategic investment and improvements fund
322+for the purposes of a new campaign system, contracted website redesign, and information
323+technology enhancements in section 1 of chapter 34 of the 2023 Session Laws is not subject to
324+section 54-44.1-11 and any unexpended funds from these projects are available to the secretary
325+of state for costs relating to a new campaign system, contracted website redesign, and
326+information technology enhancements during the biennium beginning July 1, 2025, and ending
327+June 30, 2027.
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