North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1003 Compare Versions

Version 1 (Old)

Version 2 (New)

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	1	+	25.0147.02000
2	2		Sixty-ninth
3	3		Legislative Assembly
4	4		of North Dakota
5	5		Introduced by
6	6		Appropriations Committee
7	7		A BILL for an Act to provide an appropriation for defraying the expenses of the attorney general;
8	8		to create and enact a new chapter to title 51 of the North Dakota Century Code, relating to an
9	9		electronic smoking device directory, electronic smoking device manufacturing fee, and
10		-	electronic smoking fund; to amend and reenact sections 31-01-16~~, 54-12-11,~~ and 54-12-30 of
11		-	~~the North~~ Dakota Century Code, relating to compensation and mileage and travel expenses for
12		-	~~witnesses,~~ the salary of the attorney general~~, and twenty-four seven sobriety program fees~~; to
13		-	provide ~~for a report~~; and to ~~provide~~ an ~~exemption~~.
	10	+	electronic smoking fund; to amend and reenact sections 31-01-16 and 54-12-11 of the North
	11	+	Dakota Century Code, relating to compensation and mileage and travel expenses for witnesses
	12	+	and the salary of the attorney general; to provide for a report; to provide for a transfer; to
	13	+	provide an exemption; and to declare an emergency.
14	14		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
15	15		SECTION 1. APPROPRIATION. The funds provided in this section, or so much of the funds
16	16		as may be necessary, are appropriated out of any moneys in the general fund in the state
17	17		treasury, not otherwise appropriated, and from other funds derived from special funds and
18	18		federal funds, to the attorney general for the purpose of defraying the expenses of the attorney
19	19		general, for the biennium beginning July 1, 2025, and ending June 30, 2027, as follows:
20	20		Adjustments or
21	21		Base Level Enhancements Appropriation
22		-	Salaries and wages $53,007,980 $8,~~323~~,~~325~~ $61,~~331~~,~~305~~
23		-	New and vacant FTE pool 0 4,~~988~~,~~501~~ 4,~~988~~,~~501~~
24		-	Operating expenses 17,579,264 (1,~~014~~,~~920) 16~~,~~564,344~~
	22	+	Salaries and wages $53,007,980 $8,810,074 $61,818,054
	23	+	New and vacant FTE pool 0 4,455,869 4,455,869
	24	+	Operating expenses 17,579,264 924,250 18,503,514
25	25		Prosecution witness fees 0 360,056 360,056
26		-	Capital assets 606,000 1,~~391~~,~~280~~ 1,~~997~~,~~280~~
27		-	Grants 3,903,440 ~~0 3~~,~~903~~,440
28		-	Human trafficking victims grants 1,110,614 ~~1,341~~,900 2,~~452~~,514
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	26	+	Capital assets 606,000 1,089,000 1,695,000
	27	+	Grants 3,903,440 110,000 4,013,440
	28	+	Human trafficking victims grants 1,110,614 656,900 1,767,514
	29	+	Page No. 1 25.0147.02000
30	30		ENGROSSED HOUSE BILL NO. 1003
31	31		FIRST ENGROSSMENT
32		-	with Senate Amendments
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54	53		22 Sixty-ninth
55	54		Legislative Assembly
56	55		Forensic nurse examiners grants 252,676 1,568 254,244
57		-	Statewide litigation funding pool 0 5,000,000 5,000,000
	56	+	Statewide litigation funding pool 0 8,000,000 8,000,000
58	57		Litigation fees 127,500 0 127,500
59	58		Medical examinations 660,000 0 660,000
60	59		Children's forensic interviews 304,560 0 304,560
61		-	North Dakota lottery 5,413,453 ~~171~~,~~709~~ 5,~~585~~,~~162~~
	60	+	North Dakota lottery 5,413,453 167,152 5,580,605
62	61		Arrest and return of fugitives 8,500 0 8,500
63	62		Gaming commission 7,489 0 7,489
64	63		Criminal justice information sharing4,579,950 2,749,467 7,329,417
65		-	Law enforcement 3,377,659 ~~291~~,~~739~~ 3,~~669~~,~~398~~
66		-	Total all funds $90,939,085 $23,~~604~~,~~625~~ $~~114~~,~~543~~,~~710~~
67		-	Less other funds 41,914,820 9,~~888~~,~~474 51~~,~~803~~,~~294~~
68		-	Total general fund $49,024,265 $13,~~716~~,~~151~~ $62,~~740~~,~~416~~
69		-	Full-time equivalent positions 266.00 3.00 ~~269~~.00
	64	+	Law enforcement 3,377,659 289,999 3,667,658
	65	+	Total all funds $90,939,085 $27,614,335 $118,553,420
	66	+	Less other funds 41,914,820 13,563,444 55,478,264
	67	+	Total general fund $49,024,265 $14,050,891 $63,075,156
	68	+	Full-time equivalent positions 266.00 4.00 270.00
70	69		SECTION 2. ONE-TIME FUNDING - EFFECT ON BASE BUDGET - REPORT TO
71	70		SEVENTIETH LEGISLATIVE ASSEMBLY. The following amounts reflect the one-time funding
72	71		items included in the appropriation in section 1 of this Act which are not included in the entity's
73	72		base budget for the 2027-29 biennium and which the entity shall report to the appropriations
74	73		committees of the seventieth legislative assembly regarding the use of this funding:
75	74		One-Time Funding Description General Fund Other Funds Total
76		-	~~Bureau of criminal investigation equipment$161,000~~ $0 $~~161~~,000
	75	+	Operating and litigation expenses $0 $2,000,000 $2,000,000
77	76		Laboratory equipment and supplies 400,000 554,000 954,000
78	77		Network switches 32,000 0 32,000
79	78		Undercover vehicles 0 540,000 540,000
80	79		Portable handheld radios 0 105,000 105,000
81	80		Intoxilyzers 0 188,000 188,000
	81	+	Retired law enforcement dogs program 110,000 0 110,000
82	82		Human trafficking victims grants 650,000 0 650,000
83		-	Statewide litigation funding pool 0 5,000,000 5,000,000
	83	+	Statewide litigation funding pool 0 8,000,000 8,000,000
84	84		Jail management system replacement 650,000 0 650,000
85	85		Statewide automated victim identification 0 1,500,000 1,500,000
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117		-	Legislative Assembly
118		-	notification system replacement
119		-	Total $1,893,000 $7,887,000 $9,780,000
120		-	SECTION 3. NEW AND VACANT FTE POOL - LIMITATION - TRANSFER REQUEST. The
121		-	attorney general may not spend funds appropriated in the new and vacant FTE pool line item in
122		-	section 1 of this Act, but may request the office of management and budget to transfer funds
123		-	from the new and vacant FTE pool line item to the salaries and wages line item and other line
124		-	items with salaries and wages in accordance with the guidelines and reporting provisions
125		-	included in House Bill No. 1015, as approved by the sixty-ninth legislative assembly.
126		-	SECTION 4. ADDITIONAL INCOME - APPROPRIATION - ONE -TIME FUNDING -
127		-	REPORT. In addition to the amounts appropriated to the attorney general in section 1 of this
128		-	Act, there is appropriated from federal or special funds, the sum of $250,000, or so much of the
129		-	sum as may be necessary, to the attorney general for the purposes of defraying the expenses of
130		-	the office, for the biennium beginning July 1, 2025, and ending June 30, 2027. The attorney
131		-	general shall notify the office of management and budget and the legislative council of any
132		-	funding made available pursuant to this section. The funding provided in this section is
133		-	considered a one-time funding item.
134		-	SECTION 5. CONTINGENT FUNDING AND FULL -TIME EQUIVALENT POSITION
135		-	AUTHORIZATION - GUARDIANSHIP PROGRAMS. The salaries and wages line item,
136		-	operating expenses line item, and capital assets line item in section 1 of this Act include the
137		-	sum of $385,355 from the general fund for one full-time equivalent position for guardianship
138		-	programs. The attorney general may spend this funding and fill this position only if Senate Bill
139		-	No. 2029 is approved by the sixty-ninth legislative assembly.
140		-	SECTION 6. CONTINGENT FUNDING - HUMAN TRAFFICKING VICTIMS GRANTS. The
141		-	human trafficking victims grants line item in section 1 of this Act includes the sum of $685,000
142		-	from the general fund for human trafficking victims grants for exploitation prevention and
143		-	awareness education-related expenses. The attorney general may spend this funding only if
144		-	Senate Bill No. 2330 is approved by the sixty-ninth legislative assembly.
145		-	SECTION 7. OTHER FUNDS - STRATEGIC INVESTMENT AND IMPROVEMENTS FUND
146		-	TRANSFER - STATEWIDE LITIGATION FUNDING POOL TO STATE AGENCIES. The other
147		-	funds line item in section 1 of this Act includes the sum of $7,466,000 from the strategic
148		-	investment and improvements fund, of which $321,000 is for state crime laboratory equipment
149		-	Page No. 3 25.0147.03000
	86	+	Page No. 2 25.0147.02000
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181	118		Legislative Assembly
	119	+	notification system replacement
	120	+	Total $1,842,000 $12,887,000 $14,729,000
	121	+	SECTION 3. NEW AND VACANT FTE POOL - LIMITATION - TRANSFER REQUEST. The
	122	+	attorney general may not spend funds appropriated in the new and vacant FTE pool line item in
	123	+	section 1 of this Act, but may request the office of management and budget to transfer funds
	124	+	from the new and vacant FTE pool line item to the salaries and wages line item in accordance
	125	+	with the guidelines and reporting provisions included in House Bill No. 1015, as approved by the
	126	+	sixty-ninth legislative assembly.
	127	+	SECTION 4. ADDITIONAL INCOME - APPROPRIATION - ONE -TIME FUNDING -
	128	+	REPORT. In addition to the amounts appropriated to the attorney general in section 1 of this
	129	+	Act, there is appropriated from federal or special funds, the sum of $250,000, or so much of the
	130	+	sum as may be necessary, to the attorney general for the purposes of defraying the expenses of
	131	+	the office, for the biennium beginning July 1, 2025, and ending June 30, 2027. The attorney
	132	+	general shall notify the office of management and budget and the legislative council of any
	133	+	funding made available pursuant to this section. The funding provided in this section is
	134	+	considered a one-time funding item.
	135	+	SECTION 5. TRANSFER - CHARITABLE GAMING OPERATING FUND TO ATTORNEY
	136	+	GENERAL OPERATING FUND - 2023-25 BIENNIUM. Notwithstanding section 53-06.1-11.2,
	137	+	the office of management and budget shall transfer $2,000,000 from the charitable gaming
	138	+	operating fund to the attorney general operating fund by June 30, 2025, for the purpose of
	139	+	defraying operating and litigation expenses of the state during the period beginning with the
	140	+	effective date of this Act, and ending June 30, 2027.
	141	+	SECTION 6. OTHER FUNDS - STRATEGIC INVESTMENT AND IMPROVEMENTS FUND
	142	+	TRANSFER - STATEWIDE LITIGATION FUNDING POOL TO STATE AGENCIES. The other
	143	+	funds line item in section 1 of this Act includes the sum of $10,466,000 from the strategic
	144	+	investment and improvements fund, of which $321,000 is for state crime laboratory equipment
182	145		and supplies, $540,000 is for the replacement of bureau of criminal investigation undercover
183		-	vehicles, $105,000 is for portable handheld dual-band radios, $5,000,000 is for the statewide
	146	+	vehicles, $105,000 is for portable handheld dual-band radios, $8,000,000 is for the statewide
184	147		litigation funding pool, and $1,500,000 is for the replacement of the statewide automated victim
185	148		identification notification system. The attorney general shall transfer funding from the statewide
186	149		litigation funding pool to eligible state agencies for litigation expenses during the biennium
187		-	beginning July 1, 2025, and ending June 30, 2027. The attorney general may not use funding
188		-	from the statewide litigation funding pool to pay judgments under section 32-12-04.
189		-	SECTION 8. HUMAN TRAFFICKING VICTIMS GRANT PROGRAM - REQUIREMENTS -
190		-	REPORTS. The human trafficking victims grants line item in section 1 of this Act includes
191		-	$2,452,514 from the general fund for the purpose of providing grants to organizations involved
192		-	in providing prevention and treatment services related to human trafficking victims and related
193		-	administrative costs, for the biennium beginning July 1, 2025, and ending June 30, 2027. The
194		-	attorney general may provide grants for the development and implementation of direct care
195		-	emergency or long-term crisis services, residential care, training for law enforcement, support of
196		-	advocacy services, and programs promoting positive outcomes for victims. Any organization
197		-	that receives a grant under this section shall report to the attorney general and the
198		-	appropriations committees of the seventieth legislative assembly on the use of the funds
199		-	received and the outcomes of its programs. The attorney general shall report to the legislative
200		-	management during the 2025-26 interim on the status and results of the grant program.
201		-	SECTION 9. FORENSIC NURSE EXAMINERS GRANT PROGRAM - REPORTS. The
202		-	forensic nurse examiners grants line item in section 1 of this Act includes $254,244 from the
203		-	general fund for the purpose of providing forensic nurse examiner program grants for
204		-	community-based or hospital-based sexual assault examiner programs and related
205		-	administrative costs, for the biennium beginning July 1, 2025, and ending June 30, 2027. Any
206		-	organization that receives a grant under this section shall report to the attorney general and the
207		-	appropriations committees of the seventieth legislative assembly on the use of the funds
208		-	received and the outcomes of its programs. The attorney general shall report to the
209		-	appropriations committees of the seventieth legislative assembly on the number of nurses
210		-	trained, the number and location of nurses providing services related to sexual assault nurse
211		-	examiner programs, and documentation of collaborative efforts to assist victims which includes
212		-	nurses, the hospital or clinic, law enforcement, and state's attorneys.
213		-	Page No. 4 25.0147.03000
	150	+	Page No. 3 25.0147.02000
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244	181		31 Sixty-ninth
245	182		Legislative Assembly
246		-	SECTION 10. BUREAU OF CRIMINAL INVESTIGATION CYBERCRIME RESOURCES.
247		-	The salaries and wages line item, operating expenses line item, and capital assets line item in
248		-	section 1 of this Act includes the sum of $825,000 from the general fund for the purpose of
249		-	hiring two full-time equivalent bureau of criminal investigation cybercrime agent positions and
250		-	for related equipment and capital asset costs. The personnel hired and resources purchased
251		-	pursuant to this section must be dedicated to assisting a police department in a city in
252		-	northeastern North Dakota with at least 50,000 residents with the prevention and detection of
253		-	cybercrime.
254		-	SECTION 11. OTHER FUNDS - ELECTRONIC SMOKING FUND. The salaries and wages
255		-	line item and operating expenses line item in section 1 of this Act include the sum of $239,716
256		-	from the electronic smoking fund for a tobacco compliance auditor position to administer and
257		-	enforce the provisions of section 13 of this Act.
258		-	SECTION 12. AMENDMENT. Section 31-01-16 of the North Dakota Century Code is
259		-	amended and reenacted as follows:
260		-	31-01-16. Compensation and mileage and travel expense of witness.
261		-	1.A witness in a civil or criminal case is entitled to receive:
262		-	1.a.A sum of twenty-five dollars for each day necessarily in attendance before the
263		-	district court or before any other board or tribunal, except municipal court.
264		-	2.b.A sum for mileage and travel expense reimbursement equal to the
265		-	reimbursement rates provided for state employees in sections 44-08-04 and
266		-	54-06-09.
267		-	2.In all criminal cases in district court, the attorney general shall pay prosecution witness
268		-	fees and expenses, in an amount not to exceed twenty-five thousandthirty thousand
269		-	dollars per county per biennium, and the commission on legal counsel for indigents
270		-	shall pay witness fees and expenses for witnesses in those cases in which counsel
271		-	has been provided by the commission. Prisoners may not be compensated as
272		-	witnesses under this section. If a county exceeds the thirty thousand dollar
273		-	reimbursement during a biennium, the county may enter an agreement with another
274		-	county for the purpose of allowing that county to receive another county's unused
275		-	reimbursement funds for that biennium, with the approval of the attorney general.
276		-	Page No. 5 25.0147.03000
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307		-	Legislative Assembly
308		-	SECTION 13. A new chapter to title 51 of the North Dakota Century Code is created and
309		-	enacted as follows:
310		-	Definition - Electronic smoking device directory - Electronic smoking device
311		-	manufacturer fee - Electronic smoking fund.
312		-	1.The attorney general shall establish and maintain a directory of electronic smoking
313		-	devices containing nicotine that may be sold in this state.
314		-	2.An electronic smoking device must be included in the directory only if the
315		-	manufacturer of the electronic smoking device containing nicotine certifies, on a form
316		-	prescribed by the attorney general, the following:
317		-	a.The manufacturer has received a marketing granted order for the electronic
318		-	smoking device containing nicotine from the United States food and drug
319		-	administration;
320		-	b.The manufacturer marketed the electronic smoking device containing nicotine in
321		-	the United States as of August 8, 2016, and submitted a tobacco product
322		-	premarket application to the United States food and drug administration on or
323		-	before September 9, 2020, and the application either remains under review or
324		-	has received a denial order that has been and remains stayed by the United
325		-	States food and drug administration or a court order, rescinded by the United
326		-	States food and drug administration, or vacated by a court; or
327		-	c.The manufacturer can demonstrate the United States food and drug
328		-	administration has issued a rule, guidance, or other formal statement that
329		-	temporarily exempts the electronic smoking device containing nicotine from
330		-	federal premarket tobacco application requirements.
331		-	3.Each certification form must be accompanied by a fee of two thousand dollars for each
332		-	electronic smoking device containing nicotine that is listed on the form. A manufacturer
333		-	of electronic smoking devices containing nicotine must submit an annual renewal fee
334		-	of five hundred dollars to the attorney general. Revenue from the fees must be
335		-	deposited in the electronic smoking fund.
336		-	4.There is created in the state treasury the electronic smoking fund. The fund consists of
337		-	fees collected pursuant to subsection 3 and all moneys transferred to the fund by the
338		-	Page No. 6 25.0147.03000
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369		-	Legislative Assembly
370		-	legislative assembly. Moneys in the fund may be spent by the attorney general for the
371		-	administration and enforcement of this chapter, subject to legislative appropriations.
372		-	5.Beginning January 1, 2026, only electronic smoking devices containing nicotine
373		-	included in the directory may be sold in this state.
374		-	6.The attorney general shall promulgate rules necessary to administer and enforce this
375		-	chapter. The rules must provide for at least two annual unannounced compliance
376		-	checks of retailers, distributors, and wholesalers that sell electronic smoking devices
377		-	containing nicotine.
378		-	7.As used in this section, "electronic smoking device" means any electronic product that
379		-	delivers nicotine to the individual inhaling from the device, including an electronic
380		-	cigarette, electronic cigar, electronic pipe, vape pen, or electronic hookah, and
381		-	includes any component, part, or accessory of such product, including a consumable
382		-	product that contains nicotine and is intended to be used with an electronic smoking
383		-	device, whether or not sold separately. The term does not include drugs, devices, or
384		-	combination products approved for sale by the United States food and drug
385		-	administration and defined in the Federal Food, Drug, and Cosmetic Act of 1938.
386		-	SECTION 14. AMENDMENT. Section 54-12-11 of the North Dakota Century Code is
387		-	amended and reenacted as follows:
388		-	54-12-11. Salary of attorney general.
389		-	The annual salary of the attorney general is one hundred seventy-nine thousand three
390		-	hundred twelveone hundred ninety - two thousand seventy - nine dollars through June 30,
391		-	20242026, and one hundred eighty-six thousand four hundred eighty-fourone hundred
392		-	ninety - seven thousand eight hundred forty - one dollars thereafter.
393		-	SECTION 15. AMENDMENT. Section 54-12-30 of the North Dakota Century Code is
394		-	amended and reenacted as follows:
395		-	54-12-30. Twenty-four seven sobriety program fees.
396		-	A criminal justice agency may collect program fees from offenders participating in the
397		-	twenty-four seven sobriety program, including fees for twice per day breath alcohol testing,
398		-	urine testing, drug patch testing, installation and deactivation fees for remote electronic alcohol
399		-	monitoring devices, and remote electronic alcohol monitoring daily fees. A district court judge or
400		-	judicial referee may not waive program fees for offenders participating in the twenty - four seven
401		-	Page No. 7 25.0147.03000
	183	+	beginning July 1, 2025, and ending June 30, 2027. The attorney general may not use funding
	184	+	from the statewide litigation funding pool to pay judgments under section 32-12-04.
	185	+	SECTION 7. HUMAN TRAFFICKING VICTIMS GRANT PROGRAM - REQUIREMENTS -
	186	+	REPORTS. The human trafficking victims grants line item in section 1 of this Act includes
	187	+	$1,767,514 from the general fund for the purpose of providing grants to organizations involved
	188	+	in providing prevention and treatment services related to human trafficking victims and related
	189	+	administrative costs, for the biennium beginning July 1, 2025, and ending June 30, 2027. The
	190	+	attorney general may provide grants for the development and implementation of direct care
	191	+	emergency or long-term crisis services, residential care, training for law enforcement, support of
	192	+	advocacy services, and programs promoting positive outcomes for victims. Any organization
	193	+	that receives a grant under this section shall report to the attorney general and the
	194	+	appropriations committees of the seventieth legislative assembly on the use of the funds
	195	+	received and the outcomes of its programs. The attorney general shall report to the legislative
	196	+	management during the 2025-26 interim on the status and results of the grant program.
	197	+	SECTION 8. FORENSIC NURSE EXAMINERS GRANT PROGRAM - REPORTS. The
	198	+	forensic nurse examiners grants line item in section 1 of this Act includes $254,244 from the
	199	+	general fund for the purpose of providing forensic nurse examiner program grants for
	200	+	community-based or hospital-based sexual assault examiner programs and related
	201	+	administrative costs, for the biennium beginning July 1, 2025, and ending June 30, 2027. Any
	202	+	organization that receives a grant under this section shall report to the attorney general and the
	203	+	appropriations committees of the seventieth legislative assembly on the use of the funds
	204	+	received and the outcomes of its programs. The attorney general shall report to the
	205	+	appropriations committees of the seventieth legislative assembly on the number of nurses
	206	+	trained, the number and location of nurses providing services related to sexual assault nurse
	207	+	examiner programs, and documentation of collaborative efforts to assist victims which includes
	208	+	nurses, the hospital or clinic, law enforcement, and state's attorneys.
	209	+	SECTION 9. RETIRED LAW ENFORCEMENT DOGS PROGRAM - REIMBURSEMENT.
	210	+	The grants line item in section 1 of this Act includes $110,000 for a retired law enforcement
	211	+	dogs program, which the attorney general shall create to assist local and state law enforcement
	212	+	dogs that are retired by reason of age or medical condition. The attorney general shall
	213	+	reimburse the handler of a law enforcement dog if the handler is authorized to retain possession
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434		-	sobriety program. The criminal justice agency shall pay all program fees into the general fund of
435		-	the governing body. The fees may only be applied to twenty-four seven sobriety program
436		-	support services, equipment maintenance and replacement, and compliance with the program.
437		-	The governing body shall pay any daily fees collected for remote electronic alcohol monitoring
438		-	to the twenty-four seven sobriety program fund.
439		-	SECTION 16. CRIMINAL HISTORY RECORD CHECKS - FEES. Any individual or entity
440		-	requesting a criminal history record check from the bureau of criminal investigation, as a result
441		-	of legislation enacted by the sixty-ninth legislative assembly, shall pay a reasonable fee
442		-	established by the attorney general to the attorney general to be deposited in the general fund,
443		-	for the biennium beginning July 1, 2025, and ending June 30, 2027.
444		-	SECTION 17. EXEMPTION - CONTINGENT FEE ARRANGEMENT. Notwithstanding
445		-	section 54-12-08.1, the attorney general may contract for legal services compensated by a
446		-	contingent fee arrangement for ongoing multistate technology litigation during the biennium
447		-	beginning July 1, 2025, and ending June 30, 2027.
448		-	SECTION 18. EXEMPTION - ATTORNEY GENERAL REFUND FUND. Notwithstanding
449		-	section 54-12-18, the attorney general may retain the balance in the attorney general refund
450		-	fund which would otherwise be transferred to the general fund on June 30, 2025.
451		-	SECTION 19. EXEMPTION - UNEXPENDED APPROPRIATIONS. The following
452		-	appropriations are not subject to the provisions of section 54-44.1-11 and may be continued into
453		-	the biennium beginning July 1, 2025, and ending June 30, 2027:
454		-	1.The amount appropriated to the attorney general from other funds for the statewide
455		-	automated victim identification and notification system as contained in sections 1
456		-	and 8 of chapter 3 of the 2017 Session Laws, continued into the 2019-21 biennium for
457		-	the statewide automated victim identification and notification system, and continued
458		-	into the 2021-23 biennium and 2023-25 biennium for the legal case management
459		-	system in section 17 of chapter 35 of the 2023 Session Laws.
460		-	2.The sum of $400,000 appropriated from the attorney general refund fund for the
461		-	criminal history improvement project in section 1 of chapter 3 of the 2021 Session
462		-	Laws, and continued into the 2023-25 biennium section 18 of chapter 35 of the 2023
463		-	Session Laws.
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	247	+	of a retired law enforcement dog in a private setting at the handler's home and if the handler
	248	+	submits itemized receipts each quarter for medical bills of the law enforcement dog.
	249	+	Reimbursements made under the program may not exceed $2,000 per retired law enforcement
	250	+	dog per fiscal year. The attorney general shall adopt any rules necessary to implement this
	251	+	section.
	252	+	SECTION 10. OTHER FUNDS - ELECTRONIC SMOKING FUND. The salaries and wages
	253	+	line item and operating expenses line item in section 1 of this Act include the sum of $239,716
	254	+	from the electronic smoking fund for a tobacco compliance auditor position to administer and
	255	+	enforce the provisions of section 12 of this Act.
	256	+	SECTION 11. AMENDMENT. Section 31-01-16 of the North Dakota Century Code is
	257	+	amended and reenacted as follows:
	258	+	31-01-16. Compensation and mileage and travel expense of witness.
	259	+	1.A witness in a civil or criminal case is entitled to receive:
	260	+	1.a.A sum of twenty-five dollars for each day necessarily in attendance before the
	261	+	district court or before any other board or tribunal, except municipal court.
	262	+	2.b.A sum for mileage and travel expense reimbursement equal to the
	263	+	reimbursement rates provided for state employees in sections 44-08-04 and
	264	+	54-06-09.
	265	+	2.In all criminal cases in district court, the attorney general shall pay prosecution witness
	266	+	fees and expenses, in an amount not to exceed twenty-five thousandthirty thousand
	267	+	dollars per county per biennium, and the commission on legal counsel for indigents
	268	+	shall pay witness fees and expenses for witnesses in those cases in which counsel
	269	+	has been provided by the commission. Prisoners may not be compensated as
	270	+	witnesses under this section. If a county exceeds the thirty thousand dollar
	271	+	reimbursement during a biennium, the county may enter an agreement with another
	272	+	county for the purpose of allowing that county to receive another county's unused
	273	+	reimbursement funds for that biennium, with the approval of the attorney general.
	274	+	SECTION 12. A new chapter to title 51 of the North Dakota Century Code is created and
	275	+	enacted as follows:
	276	+	Definition - Electronic smoking device directory - Electronic smoking device
	277	+	manufacturer fee - Electronic smoking fund.
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	311	+	1.The attorney general shall establish and maintain a directory of electronic smoking
	312	+	devices containing nicotine that may be sold in this state.
	313	+	2.An electronic smoking device must be included in the directory only if the
	314	+	manufacturer of the electronic smoking device containing nicotine certifies, on a form
	315	+	prescribed by the attorney general, the following:
	316	+	a.The manufacturer has received a marketing granted order for the electronic
	317	+	smoking device containing nicotine from the United States food and drug
	318	+	administration;
	319	+	b.The manufacturer marketed the electronic smoking device containing nicotine in
	320	+	the United States as of August 8, 2016, and submitted a tobacco product
	321	+	premarket application to the United States food and drug administration on or
	322	+	before September 9, 2020, and the application either remains under review or
	323	+	has received a denial order that has been and remains stayed by the United
	324	+	States food and drug administration or a court order, rescinded by the United
	325	+	States food and drug administration, or vacated by a court; or
	326	+	c.The manufacturer can demonstrate the United States food and drug
	327	+	administration has issued a rule, guidance, or other formal statement that
	328	+	temporarily exempts the electronic smoking device containing nicotine from
	329	+	federal premarket tobacco application requirements.
	330	+	3.Each certification form must be accompanied by a fee of five hundred dollars for each
	331	+	electronic smoking device containing nicotine that is listed on the form. Revenue from
	332	+	the fees must be deposited in the electronic smoking fund.
	333	+	4.There is created in the state treasury the electronic smoking fund. The fund consists of
	334	+	fees collected pursuant to subsection 3 and all moneys transferred to the fund by the
	335	+	legislative assembly. Moneys in the fund may be spent by the attorney general for the
	336	+	administration and enforcement of this chapter, subject to legislative appropriations.
	337	+	5.Beginning January 1, 2026, only electronic smoking devices containing nicotine
	338	+	included in the directory may be sold in this state.
	339	+	6.The attorney general shall promulgate rules necessary to administer and enforce this
	340	+	chapter. The rules must provide for at least two annual unannounced compliance
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496		-	3.The sum of $1,000,000 appropriated from the federal state fiscal recovery fund for the
497		-	replacement of the prosecuting case management system in subsection 20 of
498		-	section 1 of chapter 550 of the 2021 Special Session Session Laws and continued into
499		-	the 2023-25 biennium in section 21 of chapter 35 of the 2023 Session Laws.
500		-	4.The sum of $736,000 appropriated from the charitable gaming operating fund for the
501		-	charitable gaming technology system in section 1 of chapter 35 of the 2023 Session
502		-	Laws.
503		-	5.The sum of $177,000 appropriated from the general fund for a licensing and deposit
504		-	software system in section 1 of chapter 35 of the 2023 Session Laws.
505		-	6.The sum of $1,772,038 appropriated from federal funds for the justice community
506		-	oriented policing services anti-methamphetamine program in section 1 of chapter 35 of
507		-	the 2023 Session Laws.
508		-	SECTION 20. EXEMPTION - STATEWIDE LITIGATION FUNDING POOL. The sum of
509		-	$3,000,000 appropriated from the general fund as a deficiency appropriation for the statewide
510		-	litigation funding pool during the 2023-25 biennium, as approved by the sixty-ninth legislative
511		-	assembly in House Bill No. 1024, is not subject to section 54-44.1-11 and any unexpended
512		-	funds may be continued into the biennium beginning July 1, 2025, and ending June 30, 2027.
513		-	Page No. 9 25.0147.03000
	373	+	checks of retailers, distributors, and wholesalers that sell electronic smoking devices
	374	+	containing nicotine.
	375	+	7.As used in this section, "electronic smoking device" means any electronic product that
	376	+	delivers nicotine to the individual inhaling from the device, including an electronic
	377	+	cigarette, electronic cigar, electronic pipe, vape pen, or electronic hookah, and
	378	+	includes any component, part, or accessory of such product, including a consumable
	379	+	product that contains nicotine and is intended to be used with an electronic smoking
	380	+	device, whether or not sold separately. The term does not include drugs, devices, or
	381	+	combination products approved for sale by the United States food and drug
	382	+	administration and defined in the Federal Food, Drug, and Cosmetic Act of 1938.
	383	+	SECTION 13. AMENDMENT. Section 54-12-11 of the North Dakota Century Code is
	384	+	amended and reenacted as follows:
	385	+	54-12-11. Salary of attorney general.
	386	+	The annual salary of the attorney general is one hundred seventy-nine thousand three
	387	+	hundred twelveone hundred ninety - two thousand seventy - nine dollars through June 30,
	388	+	20242026, and one hundred eighty-six thousand four hundred eighty-fourone hundred
	389	+	ninety - seven thousand eight hundred forty - one dollars thereafter.
	390	+	SECTION 14. CRIMINAL HISTORY RECORD CHECKS - FEES. Any individual or entity
	391	+	requesting a criminal history record check from the bureau of criminal investigation, as a result
	392	+	of legislation enacted by the sixty-ninth legislative assembly, shall pay a reasonable fee
	393	+	established by the attorney general to the attorney general to be deposited in the general fund,
	394	+	for the biennium beginning July 1, 2025, and ending June 30, 2027.
	395	+	SECTION 15. EXEMPTION - CONTINGENT FEE ARRANGEMENT. Notwithstanding
	396	+	section 54-12-08.1, the attorney general may contract for legal services compensated by a
	397	+	contingent fee arrangement for ongoing multistate technology litigation during the biennium
	398	+	beginning July 1, 2025, and ending June 30, 2027.
	399	+	SECTION 16. EXEMPTION - ATTORNEY GENERAL REFUND FUND. Notwithstanding
	400	+	section 54-12-18, the attorney general may retain the balance in the attorney general refund
	401	+	fund which would otherwise be transferred to the general fund on June 30, 2025.
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	433	+	SECTION 17. EXEMPTION - UNEXPENDED APPROPRIATIONS. The following
	434	+	appropriations are not subject to the provisions of section 54-44.1-11 and may be continued into
	435	+	the biennium beginning July 1, 2025, and ending June 30, 2027:
	436	+	1.The amount appropriated to the attorney general from other funds for the statewide
	437	+	automated victim identification and notification system as contained in sections 1
	438	+	and 8 of chapter 3 of the 2017 Session Laws, continued into the 2019-21 biennium for
	439	+	the statewide automated victim identification and notification system, and continued
	440	+	into the 2021-23 biennium and 2023-25 biennium for the legal case management
	441	+	system in section 17 of chapter 35 of the 2023 Session Laws.
	442	+	2.The sum of $400,000 appropriated from the attorney general refund fund for the
	443	+	criminal history improvement project in section 1 of chapter 3 of the 2021 Session
	444	+	Laws, and continued into the 2023-25 biennium section 18 of chapter 35 of the 2023
	445	+	Session Laws.
	446	+	3.The sum of $1,000,000 appropriated from the federal state fiscal recovery fund for the
	447	+	replacement of the prosecuting case management system in subsection 20 of
	448	+	section 1 of chapter 550 of the 2021 Special Session Session Laws and continued into
	449	+	the 2023-25 biennium in section 21 of chapter 35 of the 2023 Session Laws.
	450	+	4.The sum of $736,000 appropriated from the charitable gaming operating fund for the
	451	+	charitable gaming technology system in section 1 of chapter 35 of the 2023 Session
	452	+	Laws.
	453	+	5.The sum of $177,000 appropriated from the general fund for a licensing and deposit
	454	+	software system in section 1 of chapter 35 of the 2023 Session Laws.
	455	+	6.The sum of $1,772,038 appropriated from federal funds for the justice community
	456	+	oriented policing services anti-methamphetamine program in section 1 of chapter 35 of
	457	+	the 2023 Session Laws.
	458	+	SECTION 18. EMERGENCY. Section 5 of this Act is declared to be an emergency
	459	+	measure.
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