North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1601 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	25.1289.02004
2		-	Title.03000
3		-	Adopted by the Senate State and Local
4		-	Government Committee
	1	+	25.1289.02000
5	2		Sixty-ninth
6		-	April 10, 2025
7	3		Legislative Assembly
8	4		of North Dakota
9	5		Introduced by
10	6		Representatives O'Brien, McLeod, Satrom, Nelson, Bahl
11	7		Senators Lee, Roers
12	8		A BILL for an Act to amend and reenact section 54-12-08 of the North Dakota Century Code,
13		-	relating to special assistant attorney ~~generalsattorneys general~~.
	9	+	relating to special assistant attorney generals.
14	10		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
15	11		SECTION 1. AMENDMENT. Section 54-12-08 of the North Dakota Century Code is
16	12		amended and reenacted as follows:
17	13		54-12-08. Assistant and special assistant attorneys general - Appointment -
18	14		Revocation - Compensation.
19	15		1.AfterExcept as provided under subsection 2, after consultation with the head of the
20	16		state department or institution or with the state board, commission, committee, or
21	17		agency affected, the attorney general may appoint assistant or special assistant
22	18		attorneys general to represent the state board, commission, committee, or agency.
23	19		a.A state officer, head of any state department, whether elected or appointed, or
24	20		state department, board, commission, committee, or agency may not employ
25	21		legal counsel, and no person may act as legal counsel in any matter, action, or
26	22		proceeding in which the state or any state department, board, commission,
27	23		committee, or agency is interested or is a party, except upon written appointment
28	24		by the attorney general.
29	25		b.Workforce safety and insurance, the department of transportation, the state tax
30		-	commissioner, the public service commission, the ethics commission, the
31		-	insurance commissioner, the agriculture commissioner, and the securities
32		-	Page No. 1 25.1289.02004
	26	+	commissioner, the public service commission, the insurance commissioner, the
	27	+	agriculture commissioner, and the securities commissioner may employ attorneys
	28	+	to represent them. These entities shall pay the salaries and expenses of the
	29	+	attorneys they employ within the limits of legislative appropriations.
	30	+	Page No. 1 25.1289.02000
33	31		ENGROSSED HOUSE BILL NO. 1601
34	32		FIRST ENGROSSMENT
35		-	PROPOSED AMENDMENTS TO
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57		-	commissioner may employ attorneys to represent them. These entities shall pay
58		-	the salaries and expenses of the attorneys they employ within the limits of
59		-	legislative appropriations.
60	56		c.The attorneys that represent these entities must be special assistant attorneys
61	57		general appointed by the attorney general pursuant to this section. Absent good
62	58		cause, the attorney general shall appoint as special assistant attorneys general
63	59		licensed attorneys selected by these entities. The attorney general may revoke
64	60		the appointment only for good cause orand upon the request of the entity. Good
65	61		cause means an inadequate level of experience, competence, or ethical
66	62		standards.
67	63		2.Notwithstanding any other provisions of this section, the attorney general may not
68	64		refuse to appoint a special attorney general and may not revoke the appointment of a
69	65		special assistant attorney general licensed to practice law in the state, in good
70	66		standing, and employed by the:
71	67		a.Governor;
72	68		b.Agriculture commissioner;
73	69		c.State auditor;
74	70		d.Insurance commissioner;
75	71		e.Public service commissioner;
76	72		f.Secretary of state;
77	73		g.Superintendent of public instruction;
78	74		h.Tax commissioner; or
79	75		i.State treasurer.
80		-	Notwithstanding any other provisions of this section, if an attorney is employed by the
81		-	governor, state auditor, or ethics commission , the attorney general may not:
82		-	a. Refuse to appoint the attorney as a special assistant attorney general upon
83		-	request from the entity; or
84		-	b. Revoke the appointment as special assistant attorney general absent good cause
85		-	and upon the request of the entity.
86	76		3.The powers conferred upon special assistant attorneys general are the same as are
87	77		exercised by the regular assistant attorneys general, unless the powers are limited
88		-	Page No. 2 25.1289.02004
	78	+	specifically by the terms of the appointment. Except as otherwise provided by this
	79	+	section, an appointment is revocable at the pleasure of the attorney general. The
	80	+	appointment may be made with or without compensation, and when compensation is
	81	+	allowed by the attorney general for services performed, the compensation must be
	82	+	paid out of the funds appropriated therefor.
	83	+	3.4.The attorney general may require payment for legal services rendered by any
	84	+	assistant or special assistant attorney general to any state official, board, department,
	85	+	agency, or commission and those entities shall make the required payment to the
	86	+	attorney general. Moneys received by the attorney general in payment for legal
	87	+	Page No. 2 25.1289.02000
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121		-	specifically by the terms of the appointment. Except as otherwise provided by this
122		-	section, an appointment is revocable at the pleasure of the attorney general. The
123		-	appointment may be made with or without compensation, and when compensation is
124		-	allowed by the attorney general for services performed, the compensation must be
125		-	paid out of the funds appropriated therefor.
126		-	3.4.The attorney general may require payment for legal services rendered by any
127		-	assistant or special assistant attorney general to any state official, board, department,
128		-	agency, or commission and those entities shall make the required payment to the
129		-	attorney general. Moneys received by the attorney general in payment for legal
130	120		services rendered must be deposited into the attorney general's operating fund.
131	121		General fund moneys may not be utilized for the payment of legal services provided by
132	122		the attorneys employed by the attorney general, except for those payments required of
133	123		the department of health and human services, department of environmental quality,
134	124		and the state hospital.
135	125		4.5.An assistant or special assistant attorney general appointed to represent the state
136	126		board of higher education or an institution under the control of the state board of
137	127		higher education may access and examine any record under the control of the state
138	128		board of higher education. For purposes of reviewing records under the Family
139	129		Educational Rights and Privacy Act [20 U.S.C. 1232g; 34 CFR 99] or any other federal
140	130		privacy law, the assistant or special assistant attorney general is considered a state
141	131		educational official authorized to access student records.
142		-	Page No. 3 25.1289.~~02004~~
	132	+	Page No. 3 25.1289.02000
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