North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1073 Compare Versions

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1		-	Sixty-ninth Legislative Assembly of North Dakota
2		-	In Regular Session Commencing Tuesday, January 7, 2025
	1	+	25.8097.01000
	2	+	Sixty-ninth
	3	+	Legislative Assembly
	4	+	of North Dakota
	5	+	Introduced by
	6	+	Government and Veterans Affairs Committee
	7	+	(At the request of the Adjutant General)
	8	+	A BILL for an Act to amend and reenact sections 37-17.1-22, 37-17.1-23, and 37-17.1-27 of the
	9	+	North Dakota Century Code, relating to disaster or emergency response and recovery costs,
	10	+	authority to spend funds from the state disaster relief fund, and uses of the state disaster relief
	11	+	fund.
	12	+	BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
	13	+	SECTION 1. AMENDMENT. Section 37-17.1-22 of the North Dakota Century Code is
	14	+	amended and reenacted as follows:
	15	+	37-17.1-22. Disaster or emergency response and recovery costs.
	16	+	Whenever the governor declares a state of disaster or emergency in accordance with
	17	+	section 37-17.1-05, or when the governor enters into an agreement with the federal government
	18	+	following a disaster or emergency declared by the president of the United States, the director of
	19	+	the division of homeland security shall determine and record the costs of the state response
	20	+	and recovery operations in accordance with an agreement with the federal government or in
	21	+	accordance with procedures established by the governor in the case of a state-declared
	22	+	disaster or emergency. Immediately following the response or recovery operations, or prior
	23	+	thereto if determined necessary by the governor, the governor may apply to the state
	24	+	emergency commission for a grant of funds in an amount equal to the response and recovery
	25	+	costs of the state to be paid from the state disaster relief fund or other funds approved by the
	26	+	emergency commission. Notwithstanding other provisions of chapter 54-16, it must be
	27	+	conclusively presumed upon receipt by the emergency commission of the application from the
	28	+	governor that a disaster or emergency exists, and the commission may grant and direct the
	29	+	transfer to the department of the governor designated representative of an amount up to that
	30	+	certified in the application by the governor.
	31	+	Page No. 1 25.8097.01000
3	32		HOUSE BILL NO. 1073
4		-	(Government and Veterans Affairs Committee)
5		-	(At the request of the Adjutant General)
6		-	AN ACT to amend and reenact sections 37-17.1-22, 37-17.1-23, and 37-17.1-27 of the North Dakota
7		-	Century Code, relating to disaster or emergency response and recovery costs, authority to
8		-	spend funds from the state disaster relief fund, and uses of the state disaster relief fund.
9		-	BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
10		-	SECTION 1. AMENDMENT. Section 37-17.1-22 of the North Dakota Century Code is amended and
11		-	reenacted as follows:
12		-	37-17.1-22. Disaster or emergency response and recovery costs.
13		-	Whenever the governor declares a state of disaster or emergency in accordance with section
14		-	37-17.1-05, or when the governor enters into an agreement with the federal government following a
15		-	disaster or emergency declared by the president of the United States, the director of the division of
16		-	homeland security shall determine and record the costs of the state response and recovery operations
17		-	in accordance with an agreement with the federal government or in accordance with procedures
18		-	established by the governor in the case of a state-declared disaster or emergency. Immediately
19		-	following the response or recovery operations, or prior thereto if determined necessary by the governor,
20		-	the governor may apply to the state emergency commission for a grant of funds in an amount equal to
21		-	the response and recovery costs of the state to be paid from the state disaster relief fund or other funds
22		-	approved by the emergency commission. Notwithstanding other provisions of chapter 54-16, it must be
23		-	conclusively presumed upon receipt by the emergency commission of the application from the governor
24		-	that a disaster or emergency exists, and the commission may grant and direct the transfer to the
25		-	department of the governor designated representative of an amount up to that certified in the
26		-	application by the governor.
27		-	SECTION 2. AMENDMENT. Section 37-17.1-23 of the North Dakota Century Code is amended and
28		-	reenacted as follows:
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	56	+	23 Sixty-ninth
	57	+	Legislative Assembly
	58	+	SECTION 2. AMENDMENT. Section 37-17.1-23 of the North Dakota Century Code is
	59	+	amended and reenacted as follows:
29	60		37-17.1-23. Disaster or emergency recovery funding - Loan authorization.
30		-	1.When approved by the emergency commission, the office of the adjutant general is authorized
31		-	to borrow from the Bank of North Dakota, to match federal funds under the Robert T. Stafford
32		-	Disaster Emergency Assistance Act [Public Law 93-288, as amended]. In addition to the
33		-	principal repayment, the Bank of North Dakota shall receive interest on the loan at a rate
34		-	equal to other state agency borrowings. On behalf of the state, the office of the adjutant
35		-	general shall administer the disaster or emergency recovery program according to state
36		-	procedures based on federal laws or regulations. After a county or group of counties have
37		-	been declared a major disaster or emergency area by the president, the office of the adjutant
38		-	general shall submit a request to the emergency commission for:
	61	+	1.When approved by the emergency commission, the office of the adjutant general is
	62	+	authorized to borrow from the Bank of North Dakota, to match federal funds under the
	63	+	Robert T. Stafford Disaster Emergency Assistance Act [Public Law 93-288, as
	64	+	amended]. In addition to the principal repayment, the Bank of North Dakota shall
	65	+	receive interest on the loan at a rate equal to other state agency borrowings. On
	66	+	behalf of the state, the office of the adjutant general shall administer the disaster or
	67	+	emergency recovery program according to state procedures based on federal laws or
	68	+	regulations. After a county or group of counties have been declared a major disaster or
	69	+	emergency area by the president, the office of the adjutant general shall submit a
	70	+	request to the emergency commission for:
39	71		a.Approval to make an application for a loan from the Bank of North Dakota;
40		-	b.Approval for additional personnel required to perform the anticipated recovery activities;
	72	+	b.Approval for additional personnel required to perform the anticipated recovery
	73	+	activities; and
	74	+	c.Authority to spend additional state and federal funds for the recovery program;
41	75		and
42		-	c.Authority to spend additional state and federal funds for the recovery program; and
43		-	d.Authority to spend available funds from the state disaster relief fund. H. B. NO. 1073 - PAGE 2
44		-	2.If the request is acceptable, the emergency commission shall approve the request and issue a
45		-	notice of its action to the office of the adjutant general, Bank of North Dakota, and the office of
46		-	management and budget. The office of the adjutant general shall keep the emergency
47		-	commission apprised of the progress of the recovery operation and submit a final report upon
48		-	completion of the project. The office of the adjutant general is responsible to repay any loan,
49		-	including accrued interest, from the Bank of North Dakota which is provided under this section.
50		-	If at the end of the biennium a balance exists on the loan, the office of the adjutant general
51		-	shall request the legislative assembly for a deficiency appropriation to repay the loan.
52		-	SECTION 3. AMENDMENT. Section 37-17.1-27 of the North Dakota Century Code is amended and
53		-	reenacted as follows:
	76	+	d.Authority to spend available funds from the state disaster relief fund.
	77	+	2.If the request is acceptable, the emergency commission shall approve the request and
	78	+	issue a notice of its action to the office of the adjutant general, Bank of North Dakota,
	79	+	and the office of management and budget. The office of the adjutant general shall
	80	+	keep the emergency commission apprised of the progress of the recovery operation
	81	+	and submit a final report upon completion of the project. The office of the adjutant
	82	+	general is responsible to repay any loan, including accrued interest, from the Bank of
	83	+	North Dakota which is provided under this section. If at the end of the biennium a
	84	+	balance exists on the loan, the office of the adjutant general shall request the
	85	+	legislative assembly for a deficiency appropriation to repay the loan.
	86	+	SECTION 3. AMENDMENT. Section 37-17.1-27 of the North Dakota Century Code is
	87	+	amended and reenacted as follows:
	88	+	Page No. 2 25.8097.01000
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	118	+	30 Sixty-ninth
	119	+	Legislative Assembly
54	120		37-17.1-27. State disaster relief fund - Creation - Uses.
55		-	There is created in the state treasury a state disaster relief fund. Moneys in the fund are to be used
56		-	subject to legislative appropriations for providing the required state share of funding for expenses and
57		-	administration associated with emergency response operations conducted by the department of
58		-	emergency services, a declaration of a state of disaster or emergency issued by the governor in
59		-	accordance with section 37 - 17.1 - 05, federal emergency management agency disaster response,
60		-	recovery, and mitigation grants, and for the purposes of reimbursing costs under section 37-17.1-28.
61		-	Any interest or other fund earnings must be deposited in the fund. Before any expenditure is made from
62		-	the fund, the agency authorized to make the expenditure shall provide information on the purpose and
63		-	payee of the expenditure to the appropriation committees of the house of representatives and senate or
64		-	to the budget section if the legislative assembly is not in session. H. B. NO. 1073 - PAGE 3
65		-	____________________________ ____________________________
66		-	Speaker of the House President of the Senate
67		-	____________________________ ____________________________
68		-	Chief Clerk of the House Secretary of the Senate
69		-	This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
70		-	Assembly of North Dakota and is known on the records of that body as House Bill No. 1073.
71		-	House Vote: Yeas 73 Nays 20 Absent 1
72		-	Senate Vote:Yeas 45 Nays 1 Absent 1
73		-	____________________________
74		-	Chief Clerk of the House
75		-	Received by the Governor at ________M. on _____________________________________, 2025.
76		-	Approved at ________M. on __________________________________________________, 2025.
77		-	____________________________
78		-	Governor
79		-	Filed in this office this ___________day of _______________________________________, 2025,
80		-	at ________ o’clock ________M.
81		-	____________________________
82		-	Secretary of State
	121	+	There is created in the state treasury a state disaster relief fund. Moneys in the fund are to
	122	+	be used subject to legislative appropriations for providing the required state share of funding for
	123	+	expenses and administration associated with emergency response operations conducted by the
	124	+	department of emergency services, a declaration of a state of disaster or emergency issued by
	125	+	the governor in accordance with section 37 - 17.1 - 05, federal emergency management agency
	126	+	disaster response, recovery, and mitigation grants, and for the purposes of reimbursing costs
	127	+	under section 37-17.1-28. Any interest or other fund earnings must be deposited in the fund.
	128	+	Before any expenditure is made from the fund, the agency authorized to make the expenditure
	129	+	shall provide information on the purpose and payee of the expenditure to the appropriation
	130	+	committees of the house of representatives and senate or to the budget section if the legislative
	131	+	assembly is not in session.
	132	+	Page No. 3 25.8097.01000
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