25.0147.02000
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 attorney general;
to create and enact a new chapter to title 51 of the North Dakota Century Code, relating to an
electronic smoking device directory, electronic smoking device manufacturing fee, and
electronic smoking fund; to amend and reenact sections 31-01-16 and 54-12-11 of the North
Dakota Century Code, relating to compensation and mileage and travel expenses for witnesses
and the salary of the attorney general; to provide for a report; to provide for a transfer; to
provide an exemption; and to declare an emergency.
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 attorney general for the purpose of defraying the expenses of the attorney
general, for the biennium beginning July 1, 2025, and ending June 30, 2027, as follows:
Adjustments or
Base Level Enhancements Appropriation
Salaries and wages $53,007,980 $8,810,074 $61,818,054
New and vacant FTE pool 0 4,455,869 4,455,869
Operating expenses 17,579,264 924,250 18,503,514
Prosecution witness fees 0 360,056 360,056
Capital assets 606,000 1,089,000 1,695,000
Grants 3,903,440 110,000 4,013,440
Human trafficking victims grants 1,110,614 656,900 1,767,514
Page No. 1 25.0147.02000
ENGROSSED HOUSE BILL NO. 1003
FIRST ENGROSSMENT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22 Sixty-ninth
Legislative Assembly
Forensic nurse examiners grants 252,676 1,568 254,244
Statewide litigation funding pool 0 8,000,000 8,000,000
Litigation fees 127,500 0 127,500
Medical examinations 660,000 0 660,000
Children's forensic interviews 304,560 0 304,560
North Dakota lottery 5,413,453 167,152 5,580,605
Arrest and return of fugitives 8,500 0 8,500
Gaming commission 7,489 0 7,489
Criminal justice information sharing4,579,950 2,749,467 7,329,417
Law enforcement 3,377,659 289,999 3,667,658
Total all funds $90,939,085 $27,614,335 $118,553,420
Less other funds 41,914,820 13,563,444 55,478,264
Total general fund $49,024,265 $14,050,891 $63,075,156
Full-time equivalent positions 266.00 4.00 270.00
SECTION 2. ONE-TIME FUNDING - EFFECT ON BASE BUDGET - REPORT TO
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 General Fund Other Funds Total
Operating and litigation expenses $0 $2,000,000 $2,000,000
Laboratory equipment and supplies 400,000 554,000 954,000
Network switches 32,000 0 32,000
Undercover vehicles 0 540,000 540,000
Portable handheld radios 0 105,000 105,000
Intoxilyzers 0 188,000 188,000
Retired law enforcement dogs program 110,000 0 110,000
Human trafficking victims grants 650,000 0 650,000
Statewide litigation funding pool 0 8,000,000 8,000,000
Jail management system replacement 650,000 0 650,000
Statewide automated victim identification 0 1,500,000 1,500,000
Page No. 2 25.0147.02000
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31 Sixty-ninth
Legislative Assembly
notification system replacement
Total $1,842,000 $12,887,000 $14,729,000
SECTION 3. NEW AND VACANT FTE POOL - LIMITATION - TRANSFER REQUEST. The
attorney general 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
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. ADDITIONAL INCOME - APPROPRIATION - ONE -TIME FUNDING -
REPORT. In addition to the amounts appropriated to the attorney general in section 1 of this
Act, there is appropriated from federal or special funds, the sum of $250,000, or so much of the
sum as may be necessary, to the attorney general for the purposes of defraying the expenses of
the office, for the biennium beginning July 1, 2025, and ending June 30, 2027. The attorney
general shall notify the office of management and budget and the legislative council of any
funding made available pursuant to this section. The funding provided in this section is
considered a one-time funding item.
SECTION 5. TRANSFER - CHARITABLE GAMING OPERATING FUND TO ATTORNEY
GENERAL OPERATING FUND - 2023-25 BIENNIUM. Notwithstanding section 53-06.1-11.2,
the office of management and budget shall transfer $2,000,000 from the charitable gaming
operating fund to the attorney general operating fund by June 30, 2025, for the purpose of
defraying operating and litigation expenses of the state during the period beginning with the
effective date of this Act, and ending June 30, 2027.
SECTION 6. OTHER FUNDS - STRATEGIC INVESTMENT AND IMPROVEMENTS FUND
TRANSFER - STATEWIDE LITIGATION FUNDING POOL TO STATE AGENCIES. The other
funds line item in section 1 of this Act includes the sum of $10,466,000 from the strategic
investment and improvements fund, of which $321,000 is for state crime laboratory equipment
and supplies, $540,000 is for the replacement of bureau of criminal investigation undercover
vehicles, $105,000 is for portable handheld dual-band radios, $8,000,000 is for the statewide
litigation funding pool, and $1,500,000 is for the replacement of the statewide automated victim
identification notification system. The attorney general shall transfer funding from the statewide
litigation funding pool to eligible state agencies for litigation expenses during the biennium
Page No. 3 25.0147.02000
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31 Sixty-ninth
Legislative Assembly
beginning July 1, 2025, and ending June 30, 2027. The attorney general may not use funding
from the statewide litigation funding pool to pay judgments under section 32-12-04.
SECTION 7. HUMAN TRAFFICKING VICTIMS GRANT PROGRAM - REQUIREMENTS -
REPORTS. The human trafficking victims grants line item in section 1 of this Act includes
$1,767,514 from the general fund for the purpose of providing grants to organizations involved
in providing prevention and treatment services related to human trafficking victims and related
administrative costs, for the biennium beginning July 1, 2025, and ending June 30, 2027. The
attorney general may provide grants for the development and implementation of direct care
emergency or long-term crisis services, residential care, training for law enforcement, support of
advocacy services, and programs promoting positive outcomes for victims. Any organization
that receives a grant under this section shall report to the attorney general and the
appropriations committees of the seventieth legislative assembly on the use of the funds
received and the outcomes of its programs. The attorney general shall report to the legislative
management during the 2025-26 interim on the status and results of the grant program.
SECTION 8. FORENSIC NURSE EXAMINERS GRANT PROGRAM - REPORTS. The
forensic nurse examiners grants line item in section 1 of this Act includes $254,244 from the
general fund for the purpose of providing forensic nurse examiner program grants for
community-based or hospital-based sexual assault examiner programs and related
administrative costs, for the biennium beginning July 1, 2025, and ending June 30, 2027. Any
organization that receives a grant under this section shall report to the attorney general and the
appropriations committees of the seventieth legislative assembly on the use of the funds
received and the outcomes of its programs. The attorney general shall report to the
appropriations committees of the seventieth legislative assembly on the number of nurses
trained, the number and location of nurses providing services related to sexual assault nurse
examiner programs, and documentation of collaborative efforts to assist victims which includes
nurses, the hospital or clinic, law enforcement, and state's attorneys.
SECTION 9. RETIRED LAW ENFORCEMENT DOGS PROGRAM - REIMBURSEMENT.
The grants line item in section 1 of this Act includes $110,000 for a retired law enforcement
dogs program, which the attorney general shall create to assist local and state law enforcement
dogs that are retired by reason of age or medical condition. The attorney general shall
reimburse the handler of a law enforcement dog if the handler is authorized to retain possession
Page No. 4 25.0147.02000
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31 Sixty-ninth
Legislative Assembly
of a retired law enforcement dog in a private setting at the handler's home and if the handler
submits itemized receipts each quarter for medical bills of the law enforcement dog.
Reimbursements made under the program may not exceed $2,000 per retired law enforcement
dog per fiscal year. The attorney general shall adopt any rules necessary to implement this
section.
SECTION 10. OTHER FUNDS - ELECTRONIC SMOKING FUND. The salaries and wages
line item and operating expenses line item in section 1 of this Act include the sum of $239,716
from the electronic smoking fund for a tobacco compliance auditor position to administer and
enforce the provisions of section 12 of this Act.
SECTION 11. AMENDMENT. Section 31-01-16 of the North Dakota Century Code is
amended and reenacted as follows:
31-01-16. Compensation and mileage and travel expense of witness.
1.A witness in a civil or criminal case is entitled to receive:
1.a.A sum of twenty-five dollars for each day necessarily in attendance before the
district court or before any other board or tribunal, except municipal court.
2.b.A sum for mileage and travel expense reimbursement equal to the
reimbursement rates provided for state employees in sections 44-08-04 and
54-06-09.
2.In all criminal cases in district court, the attorney general shall pay prosecution witness
fees and expenses, in an amount not to exceed twenty-five thousandthirty thousand
dollars per county per biennium, and the commission on legal counsel for indigents
shall pay witness fees and expenses for witnesses in those cases in which counsel
has been provided by the commission. Prisoners may not be compensated as
witnesses under this section. If a county exceeds the thirty thousand dollar
reimbursement during a biennium, the county may enter an agreement with another
county for the purpose of allowing that county to receive another county's unused
reimbursement funds for that biennium, with the approval of the attorney general.
SECTION 12. A new chapter to title 51 of the North Dakota Century Code is created and
enacted as follows:
Definition - Electronic smoking device directory - Electronic smoking device
manufacturer fee - Electronic smoking fund.
Page No. 5 25.0147.02000
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31 Sixty-ninth
Legislative Assembly
1.The attorney general shall establish and maintain a directory of electronic smoking
devices containing nicotine that may be sold in this state.
2.An electronic smoking device must be included in the directory only if the
manufacturer of the electronic smoking device containing nicotine certifies, on a form
prescribed by the attorney general, the following:
a.The manufacturer has received a marketing granted order for the electronic
smoking device containing nicotine from the United States food and drug
administration;
b.The manufacturer marketed the electronic smoking device containing nicotine in
the United States as of August 8, 2016, and submitted a tobacco product
premarket application to the United States food and drug administration on or
before September 9, 2020, and the application either remains under review or
has received a denial order that has been and remains stayed by the United
States food and drug administration or a court order, rescinded by the United
States food and drug administration, or vacated by a court; or
c.The manufacturer can demonstrate the United States food and drug
administration has issued a rule, guidance, or other formal statement that
temporarily exempts the electronic smoking device containing nicotine from
federal premarket tobacco application requirements.
3.Each certification form must be accompanied by a fee of five hundred dollars for each
electronic smoking device containing nicotine that is listed on the form. Revenue from
the fees must be deposited in the electronic smoking fund.
4.There is created in the state treasury the electronic smoking fund. The fund consists of
fees collected pursuant to subsection 3 and all moneys transferred to the fund by the
legislative assembly. Moneys in the fund may be spent by the attorney general for the
administration and enforcement of this chapter, subject to legislative appropriations.
5.Beginning January 1, 2026, only electronic smoking devices containing nicotine
included in the directory may be sold in this state.
6.The attorney general shall promulgate rules necessary to administer and enforce this
chapter. The rules must provide for at least two annual unannounced compliance
Page No. 6 25.0147.02000
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 Sixty-ninth
Legislative Assembly
checks of retailers, distributors, and wholesalers that sell electronic smoking devices
containing nicotine.
7.As used in this section, "electronic smoking device" means any electronic product that
delivers nicotine to the individual inhaling from the device, including an electronic
cigarette, electronic cigar, electronic pipe, vape pen, or electronic hookah, and
includes any component, part, or accessory of such product, including a consumable
product that contains nicotine and is intended to be used with an electronic smoking
device, whether or not sold separately. The term does not include drugs, devices, or
combination products approved for sale by the United States food and drug
administration and defined in the Federal Food, Drug, and Cosmetic Act of 1938.
SECTION 13. AMENDMENT. Section 54-12-11 of the North Dakota Century Code is
amended and reenacted as follows:
54-12-11. Salary of attorney general.
The annual salary of the attorney general is one hundred seventy-nine thousand three
hundred twelveone hundred ninety - two thousand seventy - nine dollars through June 30,
20242026, and one hundred eighty-six thousand four hundred eighty-fourone hundred
ninety - seven thousand eight hundred forty - one dollars thereafter.
SECTION 14. CRIMINAL HISTORY RECORD CHECKS - FEES. Any individual or entity
requesting a criminal history record check from the bureau of criminal investigation, as a result
of legislation enacted by the sixty-ninth legislative assembly, shall pay a reasonable fee
established by the attorney general to the attorney general to be deposited in the general fund,
for the biennium beginning July 1, 2025, and ending June 30, 2027.
SECTION 15. EXEMPTION - CONTINGENT FEE ARRANGEMENT. Notwithstanding
section 54-12-08.1, the attorney general may contract for legal services compensated by a
contingent fee arrangement for ongoing multistate technology litigation during the biennium
beginning July 1, 2025, and ending June 30, 2027.
SECTION 16. EXEMPTION - ATTORNEY GENERAL REFUND FUND. Notwithstanding
section 54-12-18, the attorney general may retain the balance in the attorney general refund
fund which would otherwise be transferred to the general fund on June 30, 2025.
Page No. 7 25.0147.02000
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29 Sixty-ninth
Legislative Assembly
SECTION 17. EXEMPTION - UNEXPENDED APPROPRIATIONS. The following
appropriations are not subject to the provisions of section 54-44.1-11 and may be continued into
the biennium beginning July 1, 2025, and ending June 30, 2027:
1.The amount appropriated to the attorney general from other funds for the statewide
automated victim identification and notification system as contained in sections 1
and 8 of chapter 3 of the 2017 Session Laws, continued into the 2019-21 biennium for
the statewide automated victim identification and notification system, and continued
into the 2021-23 biennium and 2023-25 biennium for the legal case management
system in section 17 of chapter 35 of the 2023 Session Laws.
2.The sum of $400,000 appropriated from the attorney general refund fund for the
criminal history improvement project in section 1 of chapter 3 of the 2021 Session
Laws, and continued into the 2023-25 biennium section 18 of chapter 35 of the 2023
Session Laws.
3.The sum of $1,000,000 appropriated from the federal state fiscal recovery fund for the
replacement of the prosecuting case management system in subsection 20 of
section 1 of chapter 550 of the 2021 Special Session Session Laws and continued into
the 2023-25 biennium in section 21 of chapter 35 of the 2023 Session Laws.
4.The sum of $736,000 appropriated from the charitable gaming operating fund for the
charitable gaming technology system in section 1 of chapter 35 of the 2023 Session
Laws.
5.The sum of $177,000 appropriated from the general fund for a licensing and deposit
software system in section 1 of chapter 35 of the 2023 Session Laws.
6.The sum of $1,772,038 appropriated from federal funds for the justice community
oriented policing services anti-methamphetamine program in section 1 of chapter 35 of
the 2023 Session Laws.
SECTION 18. EMERGENCY. Section 5 of this Act is declared to be an emergency
measure.
Page No. 8 25.0147.02000
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27