North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1233 Compare Versions

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Old	New		Differences
1		-	Sixty-ninth Legislative Assembly of North Dakota
2		-	In Regular Session Commencing Tuesday, January 7, 2025
	1	+	25.0404.01000
	2	+	Sixty-ninth
	3	+	Legislative Assembly
	4	+	of North Dakota
	5	+	Introduced by
	6	+	Representatives Lefor, Vigesaa
	7	+	Senator Bekkedahl
	8	+	A BILL for an Act to amend and reenact sections 15-10-12.1, 48-01.2-25, 54-16-03, 54-16-04,
	9	+	54-16-04.1, 54-16-09, and 54-16-13 relating to the powers and duties of the emergency
	10	+	commission and budget section; to repeal sections 54-16-04.2, 54-16-08, and 54-16-11.1
	11	+	relating to the powers and duties of the emergency commission; and to provide an
	12	+	appropriation.
	13	+	BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
	14	+	SECTION 1. AMENDMENT. Section 15-10-12.1 of the North Dakota Century Code is
	15	+	amended and reenacted as follows:
	16	+	15-10-12.1. Acceptance of buildings and campus improvements - Legislative
	17	+	approval.
	18	+	The state board of higher education may authorize campus improvements and building
	19	+	maintenance on land under the control of the board which are financed by donations, gifts,
	20	+	grants, and bequests if the cost of the improvement or building maintenance is not more than
	21	+	seven hundred thousand dollars. The consent of the legislative assembly is required for
	22	+	construction of any building or any addition to a building on land under the control of the board
	23	+	which is financed by donations, gifts, grants, and bequests. The consent of the legislative
	24	+	assembly is required for campus improvements or building maintenance financed by donations,
	25	+	gifts, grants, and bequests if the cost of the improvements or maintenance is more than seven
	26	+	hundred thousand dollars. During the time the legislative assembly is not in session, except for
	27	+	the sixthree months preceding the convening of a regular session and the three months
	28	+	following the close of a regular session, and unless otherwise restricted by previous legislative
	29	+	action or other law, the budget section may authorize the use of land under the control of the
	30	+	board and construct buildings financed by donations, gifts, grants, and bequests and campus
	31	+	improvements and building maintenance financed by donations, gifts, grants, and bequests if
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3	33		HOUSE BILL NO. 1233
4		-	(Representatives Lefor, Vigesaa)
5		-	(Senator Bekkedahl)
6		-	AN ACT to amend and reenact sections 15-10-12.1, 48-01.2-25, 54-16-03, 54-16-04, 54-16-04.1,
7		-	54-16-09, and 54-16-13 of the North Dakota Century Code, relating to the powers and duties of
8		-	the emergency commission and budget section; to repeal sections 54-16-04.2, 54-16-08, and
9		-	54-16-11.1 of the North Dakota Century Code, relating to the powers and duties of the
10		-	emergency commission; and to provide an appropriation.
11		-	BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
12		-	SECTION 1. AMENDMENT. Section 15-10-12.1 of the North Dakota Century Code is amended and
13		-	reenacted as follows:
14		-	15-10-12.1. Acceptance of buildings and campus improvements - Legislative approval.
15		-	The state board of higher education may authorize campus improvements and building
16		-	maintenance on land under the control of the board which are financed by donations, gifts, grants, and
17		-	bequests if the cost of the improvement or building maintenance is not more than seven hundred
18		-	thousand dollars. The consent of the legislative assembly is required for construction of any building or
19		-	any addition to a building on land under the control of the board which is financed by donations, gifts,
20		-	grants, and bequests. The consent of the legislative assembly is required for campus improvements or
21		-	building maintenance financed by donations, gifts, grants, and bequests if the cost of the improvements
22		-	or maintenance is more than seven hundred thousand dollars. During the time the legislative assembly
23		-	is not in session, except for the sixthree months preceding the convening of a regular session and the
24		-	three months following the close of a regular session, and unless otherwise restricted by previous
25		-	legislative action or other law, the budget section may authorize the use of land under the control of the
26		-	board and construct buildings financed by donations, gifts, grants, and bequests and campus
27		-	improvements and building maintenance financed by donations, gifts, grants, and bequests if the cost
28		-	of the improvement or maintenance is more than seven hundred thousand dollars. Any project request
29		-	submitted to the budget section for the construction of a building financed by donations, gifts, grants,
30		-	and bequests must include the removal of a building or buildings with an equivalent or greater total
31		-	number of square feet compared to the proposed building. The budget section approval must comply
32		-	with section 54-35-02.9 and must include a specific dollar limit for each building, campus improvement
33		-	project, or maintenance project. The state board of higher education may authorize the sale of any real
34		-	property or buildings which an institution of higher learning has received by gift or bequest. The board
35		-	shall prescribe such conditions for the sale of the property as it determines necessary. The conditions
36		-	must include requiring an appraisal and public auction or advertisement for bids, unless the gift
37		-	instrument requires a different process. If the state board of higher education submits a request for
38		-	campus improvements, building maintenance, or to construct buildings under this section to the budget
39		-	section for approval, the legislative council shall notify each member of the legislative assembly of the
40		-	date of the budget section meeting at which the request will be considered and provide a copy of the
41		-	meeting agenda to each member of the legislative assembly. The chairman of the budget section shall
42		-	allow any member of the legislative assembly an opportunity to present testimony to the budget section
43		-	regarding any such request.
44		-	SECTION 2. AMENDMENT. Section 48-01.2-25 of the North Dakota Century Code is amended and
45		-	reenacted as follows: H. B. NO. 1233 - PAGE 2
46		-	48-01.2-25. Authorization of expansion of public improvements by legislative assembly or
47		-	budget section.
48		-	Notwithstanding any other provision of law, a state agency or institution may not significantly
49		-	change or expand a public improvement beyond what has been approved by the legislative assembly
50		-	unless the legislative assembly approves the change or expansion of the project or any additional
51		-	expenditure for the project. During the time the legislative assembly is not in session, and unless
52		-	otherwise restricted by previous legislative action or other law, the budget section may approve a
53		-	change or expansion or any additional expenditure for the project. However, the budget section may not
54		-	approve a change, expansion, or additional expenditure for the project during the sixthree months
55		-	preceding the convening of a regular session or during the three months following the close of a regular
56		-	session except for changes in project scope and related additional expenditures resulting from an
57		-	unforeseen emergency event. Any request considered by the budget section must comply with section
58		-	54-35-02.9. For the purposes of this section, a significant change or expansion includes the
59		-	construction of an addition to a building, including skywalks or other type of enclosed walkway, or any
60		-	other substantial increase in the area of the building, but does not include the construction of building
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	60	+	the cost of the improvement or maintenance is more than seven hundred thousand dollars. Any
	61	+	project request submitted to the budget section for the construction of a building financed by
	62	+	donations, gifts, grants, and bequests must include the removal of a building or buildings with
	63	+	an equivalent or greater total number of square feet compared to the proposed building. The
	64	+	budget section approval must comply with section 54-35-02.9 and must include a specific dollar
	65	+	limit for each building, campus improvement project, or maintenance project. The state board of
	66	+	higher education may authorize the sale of any real property or buildings which an institution of
	67	+	higher learning has received by gift or bequest. The board shall prescribe such conditions for
	68	+	the sale of the property as it determines necessary. The conditions must include requiring an
	69	+	appraisal and public auction or advertisement for bids, unless the gift instrument requires a
	70	+	different process. If the state board of higher education submits a request for campus
	71	+	improvements, building maintenance, or to construct buildings under this section to the budget
	72	+	section for approval, the legislative council shall notify each member of the legislative assembly
	73	+	of the date of the budget section meeting at which the request will be considered and provide a
	74	+	copy of the meeting agenda to each member of the legislative assembly. The chairman of the
	75	+	budget section shall allow any member of the legislative assembly an opportunity to present
	76	+	testimony to the budget section regarding any such request.
	77	+	SECTION 2. AMENDMENT. Section 48-01.2-25 of the North Dakota Century Code is
	78	+	amended and reenacted as follows:
	79	+	48-01.2-25. Authorization of expansion of public improvements by legislative
	80	+	assembly or budget section.
	81	+	Notwithstanding any other provision of law, a state agency or institution may not
	82	+	significantly change or expand a public improvement beyond what has been approved by the
	83	+	legislative assembly unless the legislative assembly approves the change or expansion of the
	84	+	project or any additional expenditure for the project. During the time the legislative assembly is
	85	+	not in session, and unless otherwise restricted by previous legislative action or other law, the
	86	+	budget section may approve a change or expansion or any additional expenditure for the
	87	+	project. However, the budget section may not approve a change, expansion, or additional
	88	+	expenditure for the project during the sixthree months preceding the convening of a regular
	89	+	session or during the three months following the close of a regular session except for changes
	90	+	in project scope and related additional expenditures resulting from an unforeseen emergency
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	124	+	event. Any request considered by the budget section must comply with section 54-35-02.9. For
	125	+	the purposes of this section, a significant change or expansion includes the construction of an
	126	+	addition to a building, including skywalks or other type of enclosed walkway, or any other
	127	+	substantial increase in the area of the building, but does not include the construction of building
61	128		entrances and stairwells.
62		-	SECTION 3. AMENDMENT. Section 54-16-03 of the North Dakota Century Code is ~~amended and~~
63		-	reenacted as follows:
	129	+	SECTION 3. AMENDMENT. Section 54-16-03 of the North Dakota Century Code is
	130	+	amended and reenacted as follows:
64	131		54-16-03. Unlawful to expend more than appropriated - May secure approval from
65	132		commission for use of other funds - Deficit void - Submission of petition to emergency
66	133		commission.
67		-	1.A state officer may not expend, or agree or contract to expend, any amount in excess of the
68		-	sum appropriated for that expenditure, and may not expend an amount appropriated for any
69		-	specific purpose or fund or for any other purpose without prior approval in the form of a
70		-	transfer approval or expenditure authorization as provided in this chapter.
71		-	2.When an emergency exists, a state officer may submit to the secretary of the emergency
72		-	commission an itemized petition requesting approval to:
73		-	a.Transfer money and spending authority between funds or line items pursuant to section
74		-	54-16-04;
	134	+	1.A state officer may not expend, or agree or contract to expend, any amount in excess
	135	+	of the sum appropriated for that expenditure, and may not expend an amount
	136	+	appropriated for any specific purpose or fund or for any other purpose without prior
	137	+	approval in the form of a transfer approval or expenditure authorization as provided in
	138	+	this chapter.
	139	+	2.When an emergency exists, a state officer may submit to the secretary of the
	140	+	emergency commission an itemized petition requesting approval to:
	141	+	a.Transfer money and spending authority between funds or line items pursuant to
	142	+	section 54-16-04;
75	143		b.Accept and expendspecial funds or federal funds pursuant to section 54-16-04.1;
76		-	c.Accept and expend state contingency fundsTransfer appropriation authority from ~~the~~
77		-	state contingencies appropriation pursuant to section 54-16-09; or
	144	+	c.Accept and expend state contingency fundsTransfer appropriation authority from
	145	+	the state contingencies appropriation pursuant to section 54-16-09; or
78	146		d.Accept and expend other funds pursuant to section 54-16-04.2; or
79	147		e.Recommend full-time equivalent positions pursuant to section 54-16-04.3.
80		-	3.The secretary of the emergency commission shall provide a copy of each petition submitted
81		-	under this section to the office of management and budget and legislative council. The office
82		-	of management and budget may provide an analysis and prioritization of emergency requests
83		-	to the emergency commission.
84		-	4.Any petition to the emergency commission by a state officer must be considered by the
85		-	emergency commission. A petition under this section must be approved or recommended by
86		-	the emergency commission before submission for consideration by the budget section.
	148	+	3.The secretary of the emergency commission shall provide a copy of each petition
	149	+	submitted under this section to the office of management and budget and legislative
	150	+	council. The office of management and budget may provide an analysis and
	151	+	prioritization of emergency requests to the emergency commission.
	152	+	4.Any petition to the emergency commission by a state officer must be considered by
	153	+	the emergency commission. A petition under this section must be approved or
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	186	+	recommended by the emergency commission before submission for consideration by
	187	+	the budget section.
87	188		5.Any debt or deficit created by a state officer in violation of this section is void.
88		-	SECTION 4. AMENDMENT. Section 54-16-04 of the North Dakota Century Code is ~~amended and~~
89		-	reenacted as follows: ~~H. B. NO. 1233 - PAGE 3~~
90		-	54-16-04. May order transfer of moneys between funds - Line item transfers - Order ~~may~~
91		-	draw from state treasuryBudget section approval.
	189	+	SECTION 4. AMENDMENT. Section 54-16-04 of the North Dakota Century Code is
	190	+	amended and reenacted as follows:
	191	+	54-16-04. May order transfer of moneys between funds - Line item transfers - Order
	192	+	may draw from state treasuryBudget section approval.
92	193		The emergency commission, upon the advice of the office of management and budget and
93		-	approval by the budget section of the legislative management, may order money or spending authority
94		-	transferred from one fund or line item to another fund or line item belonging to or appropriated for the
95		-	same institution or board or the same state enterprise, may order a transfer of spending authority from
96		-	the state contingencies appropriation, or, in an extremity, may authorize money to be drawn from the
97		-	state treasury to meet the emergency until the legislative assembly can make an appropriation
98		-	available. The following transfers, if authorized by the emergency commission, require the approval of
99		-	the budget section of the legislative management:
100		-	1.A transfer of moneys or spending authority which would eliminate or make impossible the
101		-	accomplishment of a program or objective funded by the legislative assembly.
102		-	2.A transfer exceeding fifty thousand dollars from one fund or line item to another fund or line
103		-	item, unless the transfer is necessary to comply with a court order or to avoid:
104		-	a.An imminent threat to the safety of people or property due to a natural disaster or war
105		-	crisis; or
106		-	b.An imminent financial loss to the state. Any request considered by the budget section
107		-	must comply with section 54 - 35 - 02.9. The budget section, when considering requests
108		-	under this section, may approve the request in the form received from the emergency
109		-	commission or may amend and approve the request. A request amended and approved
110		-	by the budget section is deemed to be approved by the emergency commission.
111		-	Approval by the budget section is not required if the transfer is necessary to avoid an
112		-	imminent threat to the safety of people or property due to a natural disaster or war crisis
113		-	or an imminent financial loss to the state.
114		-	SECTION 5. AMENDMENT. Section 54-16-04.1 of the North Dakota Century Code is amended and
115		-	reenacted as follows:
116		-	54-16-04.1. May authorize acceptance and disbursement of special funds or federal funds -
	194	+	approval by the budget section of the legislative management, may order money or spending
	195	+	authority transferred from one fund or line item to another fund or line item belonging to or
	196	+	appropriated for the same institution or board or the same state enterprise, may order a transfer
	197	+	of spending authority from the state contingencies appropriation, or, in an extremity, may
	198	+	authorize money to be drawn from the state treasury to meet the emergency until the legislative
	199	+	assembly can make an appropriation available. The following transfers, if authorized by the
	200	+	emergency commission, require the approval of the budget section of the legislative
	201	+	management:
	202	+	1.A transfer of moneys or spending authority which would eliminate or make impossible
	203	+	the accomplishment of a program or objective funded by the legislative assembly.
	204	+	2.A transfer exceeding fifty thousand dollars from one fund or line item to another fund
	205	+	or line item, unless the transfer is necessary to comply with a court order or to avoid:
	206	+	a.An imminent threat to the safety of people or property due to a natural disaster or
	207	+	war crisis; or
	208	+	b.An imminent financial loss to the state. Any request considered by the budget
	209	+	section must comply with section 54 - 35 - 02.9. The budget section, when
	210	+	considering requests under this section, may approve the request in the form
	211	+	received from the emergency commission or may amend and approve the
	212	+	request. A request amended and approved by the budget section is deemed to
	213	+	be approved by the emergency commission. Approval by the budget section is
	214	+	not required if the transfer is necessary to avoid an imminent threat to the safety
	215	+	of people or property due to a natural disaster or war crisis or an imminent
	216	+	financial loss to the state.
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	250	+	SECTION 5. AMENDMENT. Section 54-16-04.1 of the North Dakota Century Code is
	251	+	amended and reenacted as follows:
	252	+	54-16-04.1. May authorize acceptance and disbursement of special funds or federal
	253	+	funds - Budget section approval.
	254	+	1.The emergency commission, upon the advice and counsel of the office of
	255	+	management and budget and approval by the budget section of the legislative
	256	+	management, may authorize the state treasurer to receive any moneys not
	257	+	appropriated by the legislative assembly which are made available by any federal
	258	+	agency anda state officer to accept any special funds or federal funds not appropriated
	259	+	by the legislative assembly which the legislative assembly has not indicated an intent
	260	+	to reject.
	261	+	2.The emergency commission may authorize passthrough federal funds from one state
	262	+	agency to another state agency. A request to expend federal funds received by a state
	263	+	agency and passed through to any other state agency may be approved only under
	264	+	this section.
	265	+	3.The emergency commission, with approval of the budget section of the legislative
	266	+	management if the amount under consideration exceeds fifty thousand dollars but
	267	+	does not exceed three million dollars, may authorize any state officer to receive and
	268	+	expend federal moneys from the date such moneys become available until June
	269	+	thirtieth following the next regular legislative session.
	270	+	4.The emergency commission, with approval of the budget section of the legislative
	271	+	management if the amount under consideration exceeds three million dollars, may
	272	+	authorize any state officer to receive and expend federal moneys from the date such
	273	+	moneys become available until June thirtieth following the next regular legislative
	274	+	session. The budget section may approve a request under this subsection in the form
	275	+	received from the emergency commission or may amend and approve a request. A
	276	+	request amended and approved by the budget section is deemed to be approved by
	277	+	the emergency commission. Any request considered by the budget section must
	278	+	comply with section 54-35-02.9.
	279	+	5.Any special funds or federal funds made available to this state which arehave not
	280	+	been appropriated by the legislative assembly for a specific purpose or program and
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	314	+	which are not required to be spent prior to the next regular legislative session, upon
	315	+	the approval for acceptance by the emergency commission and the budget section of
	316	+	the legislative management, must be deposited into a separate fund until the
	317	+	legislative assembly appropriates the funds.
	318	+	6.a.3.Approval by the budget section of the legislative management is not required
	319	+	for the acceptance of special funds or federal funds if the acceptance is necessary to
	320	+	avoid an imminent threat to the safety of people or property due to a natural disaster
	321	+	or war crisis or an imminent financial loss to the state.
	322	+	b.Budget section approval is required under this section before the expenditure of
	323	+	any funds accepted under these conditions.
	324	+	7.The expenditures must be consistent with state law and with the terms of the grant
	325	+	and the program may not commit the legislative assembly for matching funds in the
	326	+	future unless the program has first been approved by the legislative assembly.
	327	+	8.4.A state officer may not expend funds received from the federal government which
	328	+	have not been specifically appropriated by the legislative assembly except as provided
	329	+	in this chapter.
	330	+	9.A state officer shall submit an expenditure plan with a request for approval under this
	331	+	section of expenditure of federal funds combined with or as part of a block grant for a
	332	+	new or existing program.
	333	+	10.The cumulative amount of requests to expend funds that may be approved each
	334	+	biennium under this section may not exceed fifty million dollars. Any request received
	335	+	under this section which, if approved, would result in more than fifty million dollars of
	336	+	funds being approved for expenditure under this section during the biennium may be
	337	+	approved only by the legislative assembly during a regular legislative session or during
	338	+	a special legislative session called by the governor. The director of the office of
	339	+	management and budget shall notify the members of the legislative assembly of any
	340	+	requests submitted which, if approved, would exceed the limit under this subsection.
	341	+	11.Any request received under this section to expend funds received through a federal
	342	+	act that makes available to the state more than fifty million dollars may be approved
	343	+	only by the legislative assembly during a regular legislative session or a special
	344	+	legislative session called by the governor.
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	378	+	12.Subsections 10 and 11 do not apply to federal highway administration emergency
	379	+	relief funding received by the state or to disaster or emergency recovery funding
	380	+	received by the state pursuant to chapter 37-17.1.
	381	+	SECTION 6. AMENDMENT. Section 54-16-09 of the North Dakota Century Code is
	382	+	amended and reenacted as follows:
	383	+	54-16-09. Transfer of spending authority from state contingencies appropriation -
117	384		Budget section approval.
118		-	1.The emergency commission, upon the advice and counsel of the office of management and
119		-	budget and approval by the budget section of the legislative management, may authorize the
120		-	state treasurer to receive any moneys not appropriated by the legislative assembly which are
121		-	made available by any federal agency anda state officer to accept any special funds or federal
122		-	funds not appropriated by the legislative assembly which the legislative assembly has not
123		-	indicated an intent to reject.
124		-	2.The emergency commission may authorize passthrough federal funds from one state agency
125		-	to another state agency. A request to expend federal funds received by a state agency and
126		-	passed through to any other state agency may be approved only under this section.
127		-	3.The emergency commission, with approval of the budget section of the legislative
128		-	management if the amount under consideration exceeds fifty thousand dollars but does not
129		-	exceed three million dollars, may authorize any state officer to receive and expend federal
130		-	moneys from the date such moneys become available until June thirtieth following the next
131		-	regular legislative session.
132		-	4.The emergency commission, with approval of the budget section of the legislative
133		-	management if the amount under consideration exceeds three million dollars, may authorize
134		-	any state officer to receive and expend federal moneys from the date such moneys become
135		-	available until June thirtieth following the next regular legislative session. The budget section
136		-	may approve a request under this subsection in the form received from the emergency H. B. NO. 1233 - PAGE 4
137		-	commission or may amend and approve a request. A request amended and approved by the
138		-	budget section is deemed to be approved by the emergency commission. Any request
139		-	considered by the budget section must comply with section 54-35-02.9.
140		-	5.Any special funds or federal funds made available to this state which arehave not been
141		-	appropriated by the legislative assembly for a specific purpose or program and which are not
142		-	required to be spent prior to the next regular legislative session, upon the approval for
143		-	acceptance by the emergency commission and the budget section of the legislative
144		-	management, must be deposited into a separate fund until the legislative assembly
145		-	appropriates the funds.
146		-	6.a.3.Approval by the budget section of the legislative management is not required for the
147		-	acceptance of special funds or federal funds if the acceptance is necessary to avoid an
148		-	imminent threat to the safety of people or property due to a natural disaster or war crisis or an
149		-	imminent financial loss to the state.
150		-	b.Budget section approval is required under this section before the expenditure of any
151		-	funds accepted under these conditions.
152		-	7.The expenditures must be consistent with state law and with the terms of the grant and the
153		-	program may not commit the legislative assembly for matching funds in the future unless the
154		-	program has first been approved by the legislative assembly.
155		-	8.4.A state officer may not expend funds received from the federal government which have not
156		-	been specifically appropriated by the legislative assembly except as provided in this chapter.
157		-	9.A state officer shall submit an expenditure plan with a request for approval under this section
158		-	of expenditure of federal funds combined with or as part of a block grant for a new or existing
159		-	program.
160		-	10.The cumulative amount of requests to expend funds that may be approved each biennium
161		-	under this section may not exceed fifty million dollars. Any request received under this section
162		-	which, if approved, would result in more than fifty million dollars of funds being approved for
163		-	expenditure under this section during the biennium may be approved only by the legislative
164		-	assembly during a regular legislative session or during a special legislative session called by
165		-	the governor. The director of the office of management and budget shall notify the members of
166		-	the legislative assembly of any requests submitted which, if approved, would exceed the limit
167		-	under this subsection.
168		-	11.Any request received under this section to expend funds received through a federal act that
169		-	makes available to the state more than fifty million dollars may be approved only by the
170		-	legislative assembly during a regular legislative session or a special legislative session called
171		-	by the governor.
172		-	12.Subsections 10 and 11 do not apply to federal highway administration emergency relief
173		-	funding received by the state or to disaster or emergency recovery funding received by the
174		-	state pursuant to chapter 37-17.1.
175		-	SECTION 6. AMENDMENT. Section 54-16-09 of the North Dakota Century Code is amended and
176		-	reenacted as follows:
177		-	54-16-09. Transfer of spending authority from state contingencies appropriation - Budget
178		-	section approval.
179		-	The emergency commission, upon the advice of the office of management and budget, may order a
180		-	transfer of spending authority from the state contingencies appropriation, which must be deducted from
181		-	the state contingencies line item in the appropriation to the office of management and budget and
182		-	added to the appropriate line item in the appropriation of the state officer who requested the transfer. H. B. NO. 1233 - PAGE 5
183		-	The emergency commission, with approval of the budget section of the legislative management if the
184		-	amount under consideration exceeds fifty thousand dollars, shall certify, by an approved motion
185		-	recorded in its minutes, that the material, services, or purposes for which the authority was transferred
186		-	are necessary and proper expenditures and, if an appropriation for that purpose was made by the
187		-	legislative assembly, that the appropriation for that purpose is insufficient. Approval by the budget
188		-	section of the legislative management is not required if the transfer is necessary to avoid an imminent
189		-	threat to the safety of people or property due to a natural disaster or war crisis or an imminent financial
190		-	loss to the state.
191		-	1.The emergency commission, upon the advice and counsel of the office of management and
192		-	budget and approval by the budget section of the legislative management, may order a
193		-	transfer of general fund, special funds, or federal funds appropriation authority from the state
194		-	contingencies appropriation, which must be deducted from the state contingencies
195		-	appropriation to the office of management and budget and added to the appropriate line item
196		-	in the appropriation of the state officer approved for the transfer.
197		-	2.Any request considered by the budget section must comply with section 54 - 35 - 02.9. The
198		-	budget section, when considering requests under this section, may approve the request in the
199		-	form received from the emergency commission or may amend and approve the request. A
200		-	request amended and approved by the budget section is deemed to be approved by the
201		-	emergency commission.
202		-	3.Approval by the budget section is not required if the transfer of appropriation authority is
203		-	necessary to avoid an imminent threat to the safety of people or property due to a natural
204		-	disaster or war crisis or an imminent financial loss to the state.
205		-	SECTION 7. AMENDMENT. Section 54-16-13 of the North Dakota Century Code is amended and
206		-	reenacted as follows:
	385	+	The emergency commission, upon the advice of the office of management and budget, may
	386	+	order a transfer of spending authority from the state contingencies appropriation, which must be
	387	+	deducted from the state contingencies line item in the appropriation to the office of management
	388	+	and budget and added to the appropriate line item in the appropriation of the state officer who
	389	+	requested the transfer. The emergency commission, with approval of the budget section of the
	390	+	legislative management if the amount under consideration exceeds fifty thousand dollars, shall
	391	+	certify, by an approved motion recorded in its minutes, that the material, services, or purposes
	392	+	for which the authority was transferred are necessary and proper expenditures and, if an
	393	+	appropriation for that purpose was made by the legislative assembly, that the appropriation for
	394	+	that purpose is insufficient. Approval by the budget section of the legislative management is not
	395	+	required if the transfer is necessary to avoid an imminent threat to the safety of people or
	396	+	property due to a natural disaster or war crisis or an imminent financial loss to the state.
	397	+	1.The emergency commission, upon the advice and counsel of the office of
	398	+	management and budget and approval by the budget section of the legislative
	399	+	management, may order a transfer of general fund, special funds, or federal funds
	400	+	appropriation authority from the state contingencies appropriation, which must be
	401	+	deducted from the state contingencies appropriation to the office of management and
	402	+	budget and added to the appropriate line item in the appropriation of the state officer
	403	+	approved for the transfer.
	404	+	2.Any request considered by the budget section must comply with section 54 - 35 - 02.9.
	405	+	The budget section, when considering requests under this section, may approve the
	406	+	request in the form received from the emergency commission or may amend and
	407	+	approve the request. A request amended and approved by the budget section is
	408	+	deemed to be approved by the emergency commission.
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	442	+	3.Approval by the budget section is not required if the transfer of appropriation authority
	443	+	is necessary to avoid an imminent threat to the safety of people or property due to a
	444	+	natural disaster or war crisis or an imminent financial loss to the state.
	445	+	SECTION 7. AMENDMENT. Section 54-16-13 of the North Dakota Century Code is
	446	+	amended and reenacted as follows:
207	447		54-16-13. Authority to borrow funds for a disaster - Continuing appropriation.
208		-	Any board, agency, commission, or officer of the state, subject to the approval of the emergency
209		-	commission and the budget section of the legislative management, may borrow moneys from the Bank
210		-	of North Dakota for the purpose of responding to a disaster within the state as declared by the governor
211		-	pursuant to chapter 37-17.1. The amount of moneys borrowed is limited to the amount of any estimated
212		-	federal reimbursement for repair, recovery, or response relating to a disaster within the state, unless the
213		-	state contingencies appropriation is inadequate to pay the estimated state share of the costs, then
214		-	moneys may be borrowed up to one hundred percent of the costs incurred by the agency. Any interest
215		-	payments on the funds borrowed must be paid from funds availabletransferred to the agency from the
216		-	state contingencies appropriation as authorized by the emergency commission or other funds as
217		-	authorized by the emergency commissionand budget section. Any moneys borrowed from the Bank of
218		-	North Dakota pursuant to this section are hereby appropriated and may be spent by the board, agency,
219		-	commission, or officer of this state for the repair, recovery, or response relating to a disaster within the
220		-	state. If it appears to the borrower that at the end of the biennium the amount available to repay the
221		-	amount borrowed plus interest is insufficient to totally repay the Bank of North Dakota, the borrower
222		-	shall request from the legislative assembly a deficiency appropriation sufficient for the repayment of the
223		-	amount borrowed plus interest.
224		-	SECTION 8. REPEAL. Sections 54-16-04.2, 54-16-08, and 54-16-11.1 of the North Dakota Century
225		-	Code are repealed.
226		-	SECTION 9. APPROPRIATION. The funds appropriated in this section, or so much of the funds as
227		-	may be necessary, are appropriated out of any moneys in the general fund in the state treasury, and
228		-	from other funds derived from special funds and federal funds, to the office of management and budget
229		-	for the purpose of making funds available to the emergency commission for state contingencies, for the
230		-	biennium beginning July 1, 2025, and ending June 30, 2027, as follows: H. B. NO. 1233 - PAGE 6
	448	+	Any board, agency, commission, or officer of the state, subject to the approval of the
	449	+	emergency commission and the budget section of the legislative management, may borrow
	450	+	moneys from the Bank of North Dakota for the purpose of responding to a disaster within the
	451	+	state as declared by the governor pursuant to chapter 37-17.1. The amount of moneys
	452	+	borrowed is limited to the amount of any estimated federal reimbursement for repair, recovery,
	453	+	or response relating to a disaster within the state, unless the state contingencies appropriation
	454	+	is inadequate to pay the estimated state share of the costs, then moneys may be borrowed up
	455	+	to one hundred percent of the costs incurred by the agency. Any interest payments on the funds
	456	+	borrowed must be paid from funds availabletransferred to the agency from the state
	457	+	contingencies appropriation as authorized by the emergency commission or other funds as
	458	+	authorized by the emergency commissionand budget section. Any moneys borrowed from the
	459	+	Bank of North Dakota pursuant to this section are hereby appropriated and may be spent by the
	460	+	board, agency, commission, or officer of this state for the repair, recovery, or response relating
	461	+	to a disaster within the state. If it appears to the borrower that at the end of the biennium the
	462	+	amount available to repay the amount borrowed plus interest is insufficient to totally repay the
	463	+	Bank of North Dakota, the borrower shall request from the legislative assembly a deficiency
	464	+	appropriation sufficient for the repayment of the amount borrowed plus interest.
	465	+	SECTION 8. REPEAL. Sections 54-16-04.2, 54-16-08, and 54-16-11.1 of the North Dakota
	466	+	Century Code are repealed.
	467	+	SECTION 9. APPROPRIATION. The funds appropriated in this section, or so much of the
	468	+	funds as may be necessary, are appropriated out of any moneys in the general fund in the state
	469	+	treasury, and from other funds derived from special funds and federal funds, to the office of
	470	+	management and budget for the purpose of making funds available to the emergency
	471	+	commission for state contingencies for the biennium beginning July 1, 2025, and ending
	472	+	June 30, 2027, as follows:
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	504	+	31 Sixty-ninth
	505	+	Legislative Assembly
231	506		State contingencies - General fund $750,000
232	507		State contingencies - Special funds 20,000,000
233	508		State contingencies - Federal funds 50,000,000
234	509		Total all funds $70,750,000
235	510		Less other funds 70,000,000
236		-	Total general fund $750,000 H. B. NO. 1233 - PAGE 7
237		-	____________________________ ____________________________
238		-	Speaker of the House President of the Senate
239		-	____________________________ ____________________________
240		-	Chief Clerk of the House Secretary of the Senate
241		-	This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
242		-	Assembly of North Dakota and is known on the records of that body as House Bill No. 1233.
243		-	House Vote: Yeas 91 Nays 0 Absent 3
244		-	Senate Vote:Yeas 45 Nays 1 Absent 1
245		-	____________________________
246		-	Chief Clerk of the House
247		-	Received by the Governor at ________M. on _____________________________________, 2025.
248		-	Approved at ________M. on __________________________________________________, 2025.
249		-	____________________________
250		-	Governor
251		-	Filed in this office this ___________day of _______________________________________, 2025,
252		-	at ________ o’clock ________M.
253		-	____________________________
254		-	Secretary of State
	511	+	Total general fund $750,000
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