North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1005 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25.0149.~~02000~~
	1	+	25.0149.01000
2	2		Sixty-ninth
3	3		Legislative Assembly
4	4		of North Dakota
5	5		Introduced by
6	6		Appropriations Committee
7		-	A BILL for an Act to provide an appropriation for defraying the expenses of the state treasurer;
8		-	to amend and reenact subsection 15 of section 6-07.2-19, sections 10-15-49, 47-30.2-01, and
9		-	47-30.2-03, subdivision j of subsection 1 of section 47-30.2-22, subsection 4 of section
10		-	47-30.2-23, subsection 1 of section 47-30.2-24, subdivision b of subsection 3 of section
11		-	47-30.2-28, section 47-30.2-44, subsection 2 of section 47-30.2-46, subdivision c of
12		-	subsection 2 of section 47-30.2-50, section 47-30.2-53, subsection 1 of section 47-30.2-56,
13		-	subsection 2 of section 47-30.2-57, sections 47-30.2-64 and 47-30.2-66, subsection 4 of section
14		-	47-30.2-67, section 47-30.2-75, sections 54-11-13 and 54-27-15.1, subsection 6 of section
15		-	57-38-57, and subsections 3 and 8 of section 57-39.2-23 of the North Dakota Century Code,
16		-	relating to the transfer of unclaimed property administration from the commissioner of university
17		-	and school lands to the state treasurer and the salary of the state treasurer.
	7	+	A BILL for an Act to provide an appropriation for defraying the expenses of the state treasurer.
18	8		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
19	9		SECTION 1. APPROPRIATION. The funds provided in this section, or so much of the funds
20	10		as may be necessary, are appropriated out of any moneys in the general fund in the state
21	11		treasury, not otherwise appropriated, to the state treasurer for the purpose of defraying the
22	12		expenses of the state treasurer, for the biennium beginning July 1, 2025, and ending June 30,
23	13		2027, as follows:
24	14		Adjustments or
25	15		Base Level Enhancements Appropriation
26		-	Salaries and wages $1,605,584 $975,431 $2,581,015
27		-	New and vacant FTE pool 0 54,672 54,672
28		-	Operating expenses 265,346 804,258 1,069,604
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30		-	ENGROSSED HOUSE BILL NO. 1005
31		-	FIRST ENGROSSMENT
	16	+	Salaries and wages $1,605,584 $0 $1,605,584
	17	+	Operating expenses 265,346 0 265,346
	18	+	Coal severance payments 118,000 0 118,000
	19	+	Total general fund $1,988,930 $0 $1,988,930
	20	+	Full-time equivalent positions 7.00 0.00 7.00
	21	+	Page No. 1 25.0149.01000
	22	+	HOUSE BILL NO. 1005
	23	+
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55		-	Coal severance payments 118,000 4,000 122,000
56		-	Carbon dioxide pipeline payments 0 2,000,000 2,000,000
57		-	Total all funds $1,988,930 $3,838,361 $5,827,291
58		-	Total special funds 0 1,711,352 1,711,352
59		-	Total general fund $1,988,930 $2,127,009 $4,115,939
60		-	Full-time equivalent positions 7.00 4.00 11.00
61		-	SECTION 2. ONE-TIME FUNDING - EFFECT ON BASE BUDGET - REPORT TO
62		-	SEVENTIETH LEGISLATIVE ASSEMBLY. The following amounts reflect the one-time funding
63		-	items included in the appropriation in section 1 of this Act which are not included in the entity's
64		-	base budget for the 2027-29 biennium and which the entity shall report to the appropriations
65		-	committees of the seventieth legislative assembly regarding the use of this funding:
66		-	One-Time Funding Description General Fund Other Funds Total
67		-	Information technology projects $0 $110,000 $110,000
68		-	Office furniture or equipment 0 8,000 8,000
69		-	Total $0 $118,000 $118,000
70		-	SECTION 3. NEW AND VACANT FTE POOL - LIMITATION - TRANSFER REQUEST. The
71		-	state treasurer may not spend funds appropriated in the new and vacant FTE pool line item in
72		-	section 1 of this Act, but may request the office of management and budget to transfer funds
73		-	from the new and vacant FTE pool line item to the salaries and wages line item in accordance
74		-	with the guidelines and reporting provisions included in House Bill No. 1015, as approved by the
75		-	sixty-ninth legislative assembly.
76		-	SECTION 4. SPECIAL FUNDS - STRATEGIC INVESTMENT AND IMPROVEMENTS
77		-	FUND - OFFICE AND INFORMATION TECHNOLOGY PROJECTS. The sum of $110,000
78		-	included in the other funds line item in section 1 of this Act and identified as one-time funding in
79		-	section 2 of this Act is from the strategic investment and improvements fund for information
80		-	technology projects.
81		-	SECTION 5. AMENDMENT. Subsection 15 of section 6-07.2-19 of the North Dakota
82		-	Century Code is amended and reenacted as follows:
83		-	15.Within one hundred twenty days after the final distribution to members is started, the
84		-	credit union shall furnish to the commissioner's office a schedule of unpaid claims. The
85		-	board of directors of the credit union or the liquidating agent if appointed shall report
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119		-	money in the account of a member who failed to surrender their passbooks or confirm
120		-	their balances, final distribution checks not cashed within one hundred twenty days,
121		-	and any unpaid claims to the unclaimed property division of the board of university and
122		-	school lands pursuant toadministrator under chapter 47-30.2.
123		-	SECTION 6. AMENDMENT. Section 10-15-49 of the North Dakota Century Code is
124		-	amended and reenacted as follows:
125		-	10-15-49. Amounts due unknown persons.
126		-	Upon liquidation of a cooperative, the assets distributable to persons who are unknown or
127		-	cannot be found may be reduced to cash and transferred to the commissioner of university and
128		-	school landsunclaimed property administrator and shall be treated as abandoned and
129		-	unclaimed property under the escheat and abandoned property laws of the state.
130		-	SECTION 7. AMENDMENT. Section 47-30.2-01 of the North Dakota Century Code is
131		-	amended and reenacted as follows:
132		-	47-30.2-01. (102) Definitions.
133		-	As used in this chapter:
134		-	1."Administrator" means the administrator of the state abandoned property office under
135		-	the state treasurer.
136		-	2."Administrator's agent" means a person with which the commissionerstate treasurer
137		-	contracts to conduct an examination under sections 47-30.2-54, 47-30.2-55,
138		-	47-30.2-56, 47-30.2-57, 47-30.2-58, 47-30.2-59, 47-30.2-60, 47-30.2-61, and
139		-	47-30.2-62 on behalf of the administrator. The term includes an independent
140		-	contractor of the person and each individual participating in the examination on behalf
141		-	of the person or contractor.
142		-	3."Apparent owner" means a person whose name appears on the records of a holder as
143		-	the owner of property held, issued, or owing by the holder.
144		-	4."Board" means the board of university and school lands.
145		-	5."Business association" means a corporation, joint stock company, investment
146		-	company, partnership, unincorporated association, joint venture, limited liability
147		-	company, business trust, trust company, land bank, safe deposit company,
148		-	safekeeping depository, financial organization, insurance company, federally chartered
149		-	entity, utility, sole proprietorship, or other business entity, whether or not for profit.
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183		-	6.5."Cashier's check" means a check that:
184		-	a.Is purchased by a remitter and made payable to a designated payee;
185		-	b.Is signed by an officer or employee of the financial organization;
186		-	c.Authorizes payment of the amount shown on the check's face to the payee;
187		-	d.Is a direct obligation of the financial organization; and
188		-	e.Is provided to a customer of the financial institution or acquired from the financial
189		-	institution for remittance purposes.
190		-	7."Commissioner" means the commissioner of university and school lands.
191		-	8.6."Confidential record" has the same meaning as defined in section 44-04-17.1.
192		-	9."Department" means the department of trust lands.
193		-	10.7."Domicile" means:
194		-	a.For a corporation, the state of its incorporation;
195		-	b.For a business association whose formation requires a filing with a state, other
196		-	than a corporation, the state of its filing;
197		-	c.For a federally chartered entity, the state of its home office; and
198		-	d.For any other holder, the state of its principal place of business.
199		-	11.8."Electronic" means relating to technology having electrical, digital, magnetic, wireless,
200		-	optical, electromagnetic, or similar capabilities.
201		-	12.9."Electronic mail" means a communication by electronic means, together with
202		-	attachments, which is automatically retained and stored and may be readily accessed
203		-	or retrieved.
204		-	13.10."Financial organization" means a savings and loan association, building and loan
205		-	association, savings bank, industrial bank, bank, banking organization, private banker,
206		-	trust company, credit union, or an organization defined as a bank or banking
207		-	organization under the laws of this state or of the United States.
208		-	14.11."Game-related digital content" means digital content that exists only in an electronic
209		-	game or electronic-game platform.
210		-	a.The term includes:
211		-	(1)Game-play currency such as a virtual wallet, even if denominated in United
212		-	States currency; and
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245		-	(2)The following if for use or redemption only within the game or platform or
246		-	another electronic game or electronic-game platform:
247		-	(a)Points sometimes referred to as gems, tokens, gold, and similar
248		-	names; and
249		-	(b)Digital codes; and
250		-	b.The term does not include an item that the issuer:
251		-	(1)Permits to be redeemed for use outside a game or platform for:
252		-	(a)Money; or
253		-	(b)Goods or services that have more than minimal value; or
254		-	(2)Otherwise monetizes for use outside a game or platform.
255		-	15.12."Gift card" means a record that:
256		-	a.Is usable at:
257		-	(1)A single merchant; or
258		-	(2)A specified group of merchants;
259		-	b.Is prefunded before the record is used; and
260		-	c.Can be used for purchases of goods or services.
261		-	16.13."Holder" means a person obligated to hold for the account of, or to deliver or pay to,
262		-	the owner, property subject to this chapter.
263		-	17.14."Insurance company" has the same meaning as defined in section 26.1-02-01, and
264		-	also includes a benevolent society, nonprofit health service corporation, and a health
265		-	maintenance organization.
266		-	18.15."Loyalty card" means a record given without monetary consideration under an award,
267		-	reward, benefit, loyalty, incentive, rebate, or promotional program which may be used
268		-	or redeemed only to obtain goods or services or a discount on goods or services. The
269		-	term does not include a record that may be redeemed for money or otherwise
270		-	monetized by the issuer.
271		-	19.16."Mineral proceeds" means an obligation:
272		-	a.To pay resulting from the production and sale of minerals, including net revenue
273		-	interest, royalties, overriding royalties, production payments, and joint operating
274		-	agreements; or
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307		-	b.For the acquisition and retention of a mineral lease, including bonuses, delay
308		-	rentals, shut-in royalties, and minimum royalties.
309		-	20.17."Money order" means a payment order for a specified amount of money. The term
310		-	includes an express money order and a personal money order on which the remitter is
311		-	the purchaser.
312		-	21.18."Municipal bond" means a bond or evidence of indebtedness issued by a municipality
313		-	or other political subdivision of a state.
314		-	22.19."Net card value" means the original purchase price or original issued value of a stored-
315		-	value card, plus amounts added to the original price or value, minus amounts used
316		-	and any service charge, fee, or dormancy charge permitted by law.
317		-	23.20."Non-freely transferable security" means a security that cannot be delivered to the
318		-	administrator by the depository trust clearing corporation or similar custodian of
319		-	securities providing post-trade clearing and settlement services to financial markets or
320		-	cannot be delivered because there is no agent to effect transfer. The term includes a
321		-	worthless security.
322		-	24.21."Owner" means a person that has a legal, beneficial, or equitable interest in property
323		-	subject to this chapter or the person's legal representative when acting on behalf of
324		-	and in the best interest of the owner. The term includes:
325		-	a.A depositor, for a deposit;
326		-	b.A beneficiary, for a trust other than a deposit in trust;
327		-	c.A creditor, claimant, or payee, for other property; and
328		-	d.The lawful bearer of a record that may be used to obtain money, a reward, or a
329		-	thing of value.
330		-	25.22."Payroll card" means a record that evidences a payroll-card account that is directly or
331		-	indirectly established through an employer and to which electronic fund transfers of
332		-	the consumer's wages, salary, or other employee compensation, such as
333		-	commissions, are made on a recurring basis, whether the account is operated or
334		-	managed by the employer, a third-party payroll processor, a depository institution, or
335		-	any other person.
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367		-	26.23."Person" means an individual, estate, business association, public corporation,
368		-	government or governmental subdivision, agency, or instrumentality, or other legal
369		-	entity.
370		-	27.24."Property" means tangible property described in section 47-30.2-08 or a fixed and
371		-	certain interest in intangible property held, issued, or owed in the course of a holder's
372		-	business or by a government, governmental subdivision, agency, or instrumentality.
373		-	a.The term includes:
374		-	(1)All income from or increments to the property; and
375		-	(2)Property referred to as or evidenced by:
376		-	(a)Money, virtual currency, interest, or a dividend, check, draft, deposit,
377		-	or payroll card;
378		-	(b)A credit balance, customer's overpayment, stored-value card, security
379		-	deposit, refund, credit memorandum, unpaid wage, unused ticket for
380		-	which the issuer has an obligation to provide a refund, mineral
381		-	proceeds, or unidentified remittance;
382		-	(c)A security except for:
383		-	[1]A worthless security; or
384		-	[2]A security that is subject to a lien, legal hold, or restriction
385		-	evidenced on the records of the holder or imposed by operation
386		-	of law, if the lien, legal hold, or restriction restricts the holder's or
387		-	owner's ability to receive, transfer, sell, or otherwise negotiate
388		-	the security;
389		-	(d)A bond, debenture, note, or other evidence of indebtedness;
390		-	(e)Money deposited to redeem a security, make a distribution, or pay a
391		-	dividend;
392		-	(f)An amount due and payable under an annuity contract or insurance
393		-	policy;
394		-	(g)An amount distributable from a trust or custodial fund established
395		-	under a plan to provide health, welfare, pension, vacation, severance,
396		-	retirement, death, stock purchase, profit-sharing, employee-savings,
397		-	supplemental-unemployment insurance, or a similar benefit;
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431		-	(h)Intangible property and any income or increment derived from the
432		-	intangible property held in a fiduciary capacity for the benefit of
433		-	another person;
434		-	(i)Mineral proceeds; and
435		-	(j)An in-store credit for returned merchandise.
436		-	b.The term does not include:
437		-	(1)Property held in a plan described in section 529A of the Internal Revenue
438		-	Code, as amended, [26 U.S.C. 529A];
439		-	(2)Game-related digital content;
440		-	(3)A loyalty card; or
441		-	(4)A gift card.
442		-	28.25."Putative holder" means a person believed by the administrator to be a holder, until the
443		-	person pays or delivers to the administrator property subject to this chapter or the
444		-	administrator or a court makes a final determination that the person is or is not a
445		-	holder.
446		-	29.26."Record" has the same meaning as defined in section 44-04-17.1.
447		-	30.27."Security" means:
448		-	a.A security as defined in section 41-08-02;
449		-	b.A security entitlement as defined in section 41-08-02, including a customer
450		-	security account held by a registered broker-dealer, to the extent the financial
451		-	assets held in the security account are not:
452		-	(1)Registered on the books of the issuer in the name of the person for which
453		-	the broker-dealer holds the assets;
454		-	(2)Payable to the order of the person; or
455		-	(3)Specifically indorsed to the person; or
456		-	c.An equity interest in a business association not included in subdivision a or b.
457		-	31.28."Sign" means, with present intent to authenticate or adopt a record:
458		-	a.To execute or adopt a tangible symbol; or
459		-	b.To attach to or logically associate with the record an electronic symbol, sound, or
460		-	process.
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493		-	32.29."State" means a state of the United States, the District of Columbia, the
494		-	Commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or
495		-	insular possession subject to the jurisdiction of the United States.
496		-	33.30."Stored-value card" means a card, code, or other device, including a merchandise
497		-	credit or rebate card, which is:
498		-	a.Issued on a prepaid basis primarily for personal, family, or household purposes to
499		-	a consumer in a specified amount, whether or not that amount may be increased
500		-	or reloaded in exchange for payment;
501		-	b.Redeemable upon presentation at multiple unaffiliated merchants for goods or
502		-	services or usable at automated teller machines; and
503		-	c.Not a gift card, payroll card, loyalty card, or game-related digital content.
504		-	34.31."Utility" means a person that owns or operates for public use a plant, equipment, real
505		-	property, franchise, or license for the following public services:
506		-	a.Transmission of communications or information;
507		-	b.Production, storage, transmission, sale, delivery, or furnishing of electricity, water,
508		-	steam, or gas; or
509		-	c.Provision of sewage or septic services, or trash, garbage, or recycling disposal.
510		-	35.32."Virtual currency" means a digital representation of value used as a medium of
511		-	exchange, unit of account, or store of value, which does not have legal tender status
512		-	recognized by the United States. The term does not include:
513		-	a.The software or protocols governing the transfer of the digital representation of
514		-	value;
515		-	b.Game-related digital content; or
516		-	c.A loyalty card or gift card.
517		-	36.33."Worthless security" means a security whose cost of liquidation and delivery to the
518		-	administrator would exceed the value of the security on the date a report is due under
519		-	this chapter.
520		-	SECTION 8. AMENDMENT. Section 47-30.2-03 of the North Dakota Century Code is
521		-	amended and reenacted as follows:
522		-	47-30.2-03. (104) Rulemaking.
523		-	The commissionerstate treasurer may adopt rules to implement and administer this chapter.
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555		-	31 Sixty-ninth
556		-	Legislative Assembly
557		-	SECTION 9. AMENDMENT. Subdivision j of subsection 1 of section 47-30.2-22 of the North
558		-	Dakota Century Code is amended and reenacted as follows:
559		-	j.Contain other information the commissionerstate treasurer prescribes by rules.
560		-	SECTION 10. AMENDMENT. Subsection 4 of section 47-30.2-23 of the North Dakota
561		-	Century Code is amended and reenacted as follows:
562		-	4.The commissionerstate treasurer may grant an extension of the reporting date for
563		-	good cause in the event of a national or state emergency.
564		-	SECTION 11. AMENDMENT. Subsection 1 of section 47-30.2-24 of the North Dakota
565		-	Century Code is amended and reenacted as follows:
566		-	1.A holder required to file a report under section 47-30.2-21 shall retain records for ten
567		-	years after the later of the date the report was filed or the last date a timely report was
568		-	due to be filed, unless a shorter period is provided by rule of the commissionerstate
569		-	treasurer.
570		-	SECTION 12. AMENDMENT. Subdivision b of subsection 3 of section 47-30.2-28 of the
571		-	North Dakota Century Code is amended and reenacted as follows:
572		-	b.Maintain a website or database accessible by the public and electronically
573		-	searchable which contains the names reported to the administrator of apparent
574		-	owners for whom property that meets or exceeds the searchable value as set by
575		-	the commissionerstate treasurer is being held by the administrator. Property that
576		-	does not meet or exceed the searchable value must continue to be held by the
577		-	administrator but may not appear in the searchable website or database.
578		-	SECTION 13. AMENDMENT. Section 47-30.2-44 of the North Dakota Century Code is
579		-	amended and reenacted as follows:
580		-	47-30.2-44. (801) Deposit of funds by administrator.
581		-	1.Except as otherwise provided in this section, the departmentstate treasurer shall
582		-	deposit to the credit of the common schools trust fund all funds received under this
583		-	chapter, including proceeds from the sale of property under sections 47-30.2-40,
584		-	47-30.2-41, 47-30.2-42, and 47-30.2-43.
585		-	2.The departmentstate treasurer shall maintain an account with an amount of funds the
586		-	commissionerstate treasurer reasonably estimates is sufficient to pay claims allowed
587		-	under this chapter.
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619		-	31 Sixty-ninth
620		-	Legislative Assembly
621		-	SECTION 14. AMENDMENT. Subsection 2 of section 47-30.2-46 of the North Dakota
622		-	Century Code is amended and reenacted as follows:
623		-	2.There is appropriated annually theThe amounts necessary are appropriated to the
624		-	state treasurer on a continuing basis to pay all expense deductions under this section,
625		-	including:
626		-	a.Any costs in connection with the sale of abandoned property;
627		-	b.Costs of mailing, publication, and outreach efforts in connection with any
628		-	abandoned property;
629		-	c.Reasonable service charges;
630		-	d.Costs incurred in examining records of holders of property and in collecting the
631		-	property from those holders;
632		-	e.Funds for the payment of claims;
633		-	f.Funds for the payment of holder refunds; and
634		-	g.Funds for attorney's fees and all other reasonable costs and expenses incurred in
635		-	an action or suit.
636		-	SECTION 15. AMENDMENT. Subdivision c of subsection 2 of section 47-30.2-50 of the
637		-	North Dakota Century Code is amended and reenacted as follows:
638		-	c.The property has a value as provided by rules adopted by the commissionerstate
639		-	treasurer.
640		-	SECTION 16. AMENDMENT. Section 47-30.2-53 of the North Dakota Century Code is
641		-	amended and reenacted as follows:
642		-	47-30.2-53. (906) Action by person whose claim is denied.
643		-	Not later than one hundred eighty days after filing a claim under subsection 1 of section
644		-	47-30.2-50, the claimant may commence an action against the boardstate treasurer in the
645		-	Burleigh County district court to establish a claim that has been denied or deemed denied under
646		-	section 47-30.2-50. If the boardstate treasurer is successful in a proceeding brought under this
647		-	section, the district court shall allow the boardstate treasurer to recover court costs; reasonable
648		-	costs, fees, disbursements, and expenses incurred by the boardstate treasurer in the
649		-	proceeding; and reasonable attorney's fees.
650		-	SECTION 17. AMENDMENT. Subsection 1 of section 47-30.2-56 of the North Dakota
651		-	Century Code is amended and reenacted as follows:
652		-	Page No. 11 25.0149.02000
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684		-	Legislative Assembly
685		-	1.The commissionerstate treasurer shall adopt rules governing an examination under
686		-	section 47-30.2-55, including rules for use of an estimation, extrapolation, and
687		-	statistical sampling in conducting an examination. An examination commenced after
688		-	adoption of rules under this subsection must comply with the rules.
689		-	SECTION 18. AMENDMENT. Subsection 2 of section 47-30.2-57 of the North Dakota
690		-	Century Code is amended and reenacted as follows:
691		-	2.The records subject to subsection 1:
692		-	a.May be used by the boardstate treasurer in an action to collect property or
693		-	otherwise enforce this chapter;
694		-	b.May be used in a joint examination conducted with or pursuant to agreements
695		-	with other states, the federal government, or other governmental entities;
696		-	c.May be disclosed at the discretion of the commissionerstate treasurer, on
697		-	request, to the person that administers the unclaimed property law of another
698		-	state for that state's use in circumstances equivalent to circumstances described
699		-	in sections 47-30.2-54, 47-30.2-55, 47-30.2-56, 47-30.2-57, 47-30.2-58,
700		-	47-30.2-59, 47-30.2-60, 47-30.2-61, and 47-30.2-62. A state to which information
701		-	is disclosed shall maintain the confidentiality and security of information obtained
702		-	in a manner substantially equivalent to sections 47-30.2-71, 47-30.2-72, and
703		-	47-30.2-73;
704		-	d.May be required to be produced under section 44-04-18.11; and
705		-	e.May be required to be produced by the administrator on request of the person
706		-	subject to the examination in an administrative or judicial proceeding relating to
707		-	the property.
708		-	SECTION 19. AMENDMENT. Section 47-30.2-64 of the North Dakota Century Code is
709		-	amended and reenacted as follows:
710		-	47-30.2-64. (1203) Action involving another state or foreign country.
711		-	1.The administrator may join another state or foreign country to examine and seek
712		-	enforcement of this chapter against a putative holder.
713		-	2.The boardstate treasurer may pursue an action on behalf of this state to recover
714		-	property subject to this chapter but delivered to the custody of another state if the
715		-	administrator believes the property is subject to the custody of the administrator.
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749		-	3.The boardstate treasurer may retain an attorney in this state, another state, or a
750		-	foreign country to commence an action to recover property on behalf of the boardstate
751		-	treasurer and may agree to pay attorney's fees based in whole or in part on a fixed
752		-	fee, hourly fee, or a percentage of the amount or value of property recovered in the
753		-	action.
754		-	4.Expenses incurred by this state in an action under this section must be paid in
755		-	accordance with section 47-30.2-46.
756		-	SECTION 20. AMENDMENT. Section 47-30.2-66 of the North Dakota Century Code is
757		-	amended and reenacted as follows:
758		-	47-30.2-66. (1205) Other civil penalties.
759		-	1.If a holder enters into a contract or other arrangement for the purpose of evading an
760		-	obligation under this chapter or otherwise willfully fails to perform a duty imposed on
761		-	the holder under this chapter, the commissionerstate treasurer may require the holder
762		-	to pay the administrator, in addition to interest as provided in subsection 1 of section
763		-	47-30.2-65, a civil penalty of one thousand dollars for each day the obligation is
764		-	evaded or the duty is not performed, up to a cumulative maximum amount of twenty-
765		-	five thousand dollars, plus twenty-five percent of the amount or value of property that
766		-	should have been, but was not reported, paid, or delivered as a result of the evasion
767		-	or failure to perform.
768		-	2.If a holder makes a fraudulent report under this chapter, the commissionerstate
769		-	treasurer may require the holder to pay to the administrator, in addition to interest
770		-	under subsection 1 of section 47-30.2-65, a civil penalty of one thousand dollars for
771		-	each day from the date the report was made until corrected, up to a cumulative
772		-	maximum of twenty-five thousand dollars, plus twenty-five percent of the amount or
773		-	value of any property that should have been reported, but was not included in the
774		-	report or was underreported.
775		-	SECTION 21. AMENDMENT. Subsection 4 of section 47-30.2-67 of the North Dakota
776		-	Century Code is amended and reenacted as follows:
777		-	4.The commissionerstate treasurer may waive up to twenty-five thousand dollars of the
778		-	penalty or reduce interest. A request for a waiver or reduction of penalty in excess of
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810		-	Legislative Assembly
811		-	twenty-five thousand dollars must be presented to the board, with the commissioner's
812		-	recommendation,state treasurer for review and decision.
813		-	SECTION 22. AMENDMENT. Section 47-30.2-75 of the North Dakota Century Code is
814		-	amended and reenacted as follows:
815		-	47-30.2-75. Enforcement - Appeals.
816		-	The administrator may bring an action in a court of competent jurisdiction to enforce this
817		-	chapter. A person in this state aggrieved by an audit that in any form requests the payment of
818		-	money or a civil penalty is entitled to a hearing before the boardstate treasurer. A demand for a
819		-	hearing must be made within thirty days of the request by the administrator. The request by the
820		-	administrator must contain notice of the right to a hearing. The board'sstate treasurer's decision
821		-	is the final order of the agency and is appealable to the district court. Any amount of money
822		-	requested by the administrator which may increase over time is tolled at the time of filing an
823		-	appeal, retroactive to the date of the request.
824		-	SECTION 23. AMENDMENT. Section 54-11-13 of the North Dakota Century Code is
825		-	amended and reenacted as follows:
826		-	54-11-13. Salary of state treasurer.
827		-	The annual salary of the state treasurer is one hundred thirty thousandone hundred
828		-	thirty - nine thousand two hundred fifty - six dollars through June 30, 20242026, and one hundred
829		-	thirty-five thousand two hundredone hundred forty - three thousand four hundred thirty - four
830		-	dollars thereafter.
831		-	SECTION 24. AMENDMENT. Section 54-27-15.1 of the North Dakota Century Code is
832		-	amended and reenacted as follows:
833		-	54-27-15.1. State treasurer's checks, warrants, and warrant-checks - Cancellation -
834		-	Deposit to common schools trust fund - Subsequent payment - Continuing
835		-	appropriation.
836		-	The state treasurer, at the beginning of each fiscal year, shall prepare a list of the checks,
837		-	warrants, and warrant-checks drawn on various depositories which are more than two years old
838		-	which remain outstanding and unpaid and shall show the number, date, payee, with address of
839		-	payee if available, amount, and fund, if available, against which said instrument was drawn. A
840		-	copy of such list must then be used as an authority for writing a receipt of the total of such
841		-	check or checks and shall credit such amount to the common schools trust fund pursuant to
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874		-	Legislative Assembly
875		-	chapter 47-30.2. One copy of such receipt with list of instruments affected must be provided to
876		-	the unclaimed property administrator of unclaimed properties. In the event such check, warrant,
877		-	or warrant-check is at any subsequent time presented for payment, or a claim is made by any
878		-	person for the amount of any such instrument, further proceedings must be conducted in
879		-	accordance with chapter 47-30.2. These expenditures are hereby subject to a standing and
880		-	continuing appropriation.
881		-	SECTION 25. AMENDMENT. Subsection 6 of section 57-38-57 of the North Dakota
882		-	Century Code is amended and reenacted as follows:
883		-	6.Upon request, the tax commissioner may furnish to the unclaimed property division of
884		-	the board of university and school landsadministrator, a taxpayer's name, address,
885		-	and federal identification number for identifying the taxpayer as the owner of an
886		-	unclaimed voucher authorized by the tax commissioner or to locate the apparent
887		-	owner of unclaimed property as provided under chapter 47-30.2.
888		-	SECTION 26. AMENDMENT. Subsection 3 of section 57-39.2-23 of the North Dakota
889		-	Century Code is amended and reenacted as follows:
890		-	3.The commissioner may furnish to workforce safety and insurance, the job insurance
891		-	division of job service North Dakota, and the secretary of state, upon request of the
892		-	respective agency, a list or lists of holders of permits issued under this chapter or
893		-	chapter 57-40.2, together with the addresses and tax department file identification
894		-	numbers of those permitholders. The agency may use the list or lists only for the
895		-	purpose of administering the duties of the agency. The commissioner may furnish to
896		-	the unclaimed property division of the board of university and school
897		-	landsadministrator, upon its request, the name, address, and the permitholder's
898		-	federal identification number for the sole purpose of identifying the owner of an
899		-	unclaimed voucher authorized by the commissioner.
900		-	SECTION 27. AMENDMENT. Subsection 8 of section 57-39.2-23 of the North Dakota
901		-	Century Code is amended and reenacted as follows:
902		-	8.Upon request, the commissioner may furnish to the unclaimed property division of the
903		-	board of university and school landsadministrator, a taxpayer's name, address, and
904		-	federal identification number for identifying the owner of an unclaimed voucher
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935		-	30 Sixty-ninth
936		-	Legislative Assembly
937		-	authorized by the commissioner or to locate the apparent owner of unclaimed property
938		-	as provided under chapter 47-30.2.
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