25.0734.01000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Representatives Kasper, Kempenich, Koppelman, Monson, S. Olson
A BILL for an Act to amend and reenact section 54-03-20 of the North Dakota Century Code,
relating to reimbursement of members of the legislative assembly; and to provide for retroactive
application.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 54-03-20 of the North Dakota Century Code is
amended and reenacted as follows:
54-03-20. Compensation and expense reimbursement of members of the legislative
assembly.
1.a.Each member of the legislative assembly is entitled to receive as compensation
for services the sum of two hundred five dollars through June 30, 2024, and two
hundred thirteen dollars thereafter for each calendar day during any
organizational, special, or regular legislative session and for each day that
member attends a meeting of a legislative committee between the organizational
session and the regular session as authorized by legislative rule.
b.Each member of the legislative assembly may claim reimbursement for meals as
provided under section 44 - 08 - 04 for each day during any organizational, special,
or regular legislative session.
2.a.Each member of the legislative assembly is entitled to receive reimbursement for
lodging, which may not exceed per calendar month the amount established under
this subdivision by the director of the office of management and budget for
lodging in state and which may not exceed the rate provided in section 44-08-04
for each calendar day during the period of any organizational, special, or regular
session. On August first of each even-numbered year, the director of the office of
management and budget shall set the maximum monthly reimbursement for the
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HOUSE BILL NO. 1323
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subsequent two-year period at an amount equal to thirty times seventy percent of
the daily lodging reimbursement in effect on that date as provided under
subdivision d of subsection 2 of section 44-08-04.
b.Notwithstanding subdivision a:
(1)A member of the legislative assembly may elect to be reimbursed for less
than the amount to which the legislator is entitled under this subsection by
claiming the lesser amount on a voucher submitted with the receipt required
by section 44-08-04.
(2)The legislative management may establish guidelines that may result in a
reduced maximum reimbursement for a single dwelling in which two or more
legislators share lodging and the total rent for that dwelling exceeds the
amount to which a legislator is entitled under subdivision a.
3.a.Members of the legislative assembly who receive reimbursement for lodging are
also entitled to reimbursement for travel for not to exceed one round trip taken
during any calendar week, or portion of a week, the legislative assembly is in
session, between their residences and the place of meeting of the legislative
assembly, at the rate provided for state employees with the additional limitation
that reimbursement for travel by common carrier may be only at the cost of coach
fare and may not exceed one and one-half times the amount the member would
be entitled to receive as mileage reimbursement for travel by motor vehicle.
b.A member of the legislative assembly who does not receive reimbursement for
lodging and whose place of residence in the legislative district that the member
represents is not within the city of Bismarck is entitled to reimbursement at the
rate provided for state employees for necessary travel for not to exceed one
round trip taken per day between the residence and the place of meeting of the
legislative assembly when it is in session and may receive reimbursement for
lodging at the place of meeting of the legislative assembly as provided in section
44-08-04 for each calendar day for which round trip travel reimbursement is not
claimed, provided that the total reimbursement may not exceed the maximum
monthly reimbursement allowed under subdivision a of subsection 2.
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4.The amount to which each legislator is entitled must be paid following the
organizational session in December and each month upon submission of a voucher
and appropriate documentation during a regular or special session, consistent with
section 26 of article XI of the constitution of North Dakota.
5.If during a special session, the legislative assembly adjourns for more than three days,
a member of the legislative assembly is entitled to receive compensation during those
days only while in attendance at a standing committee if the legislator is a member of
that committee, a majority or minority leader, or a legislator who is not on that
committee but who has the approval of a majority or minority leader to attend.
6.A day, or portion of a day, spent in traveling to or returning from an organizational,
special, or regular session or a legislative committee meeting must be included as a
calendar day during a legislative session or as a day of a legislative committee
meeting for the purposes of this section.
7.a.In addition, each member is entitled to receive during the term for which the
member was elected, as compensation for the execution of public duties during
the biennium, the sum of five hundred sixty-nine dollars through June 30, 2024,
and five hundred ninety-two dollars thereafter per month, paid monthly.
b.If a member dies or resigns from office during the member's term, the member
may be paid only the allowances provided for in this section for the period for
which the member was actually a member.
c.The majority and minority leaders of the house and senate and the chairman of
the legislative management, if the chairman is not a majority or minority leader,
are each entitled to receive as compensation, in addition to any other
compensation or expense reimbursement provided by law, the sum of four
hundred eight dollars through June 30, 2024, and four hundred twenty-four
dollars thereafter per month during the biennium for their execution of public
duties.
8.Attendance at any organizational, special, or regular session of the legislative
assembly by any member is a conclusive presumption of entitlement for compensation
as set out in this section and compensation and expense allowances must be
excluded from gross income for income tax purposes to the extent permitted for
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federal income tax purposes under section 127 of the Economic Recovery Tax Act of
1981 [Pub. L. 97-34; 95 Stat. 202; 26 U.S.C. 162(i)].
9.Before each regular legislative session, the legislative management shall make
recommendations and submit any necessary legislation to adjust legislative
compensation amounts.
SECTION 2. RETROACTIVE APPLICATION. This Act applies retroactively to January 1,
2025.
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