25.0168.04000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Appropriations Committee
A BILL for an Act to provide an appropriation for defraying the expenses of the legislative branch
of state government; to amend and reenact sections 48-08-04, 54-03-10, 54-03-20, and
54-35-10 of the North Dakota Century Code, relating to use of legislative rooms and halls and
legislative compensation; to provide a statement of legislative intent; to provide for a report; to
provide an exemption; and to provide for application, transfer, and cancellation of unexpended
appropriations.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. APPROPRIATION. The funds provided in this section, or so much of the funds
as may be necessary, are appropriated out of any moneys in the general fund in the state
treasury, not otherwise appropriated, and from other funds derived from the insurance
regulatory trust fund, not otherwise appropriated, to the legislative branch of state government
for the purpose of defraying the expenses of the legislative branch of state government, for the
fiscal period beginning with the effective date of this Act, and ending June 30, 2027, as follows:
Subdivision 1.
SIXTY-NINTH AND SEVENTIETH LEGISLATIVE ASSEMBLIES AND BIENNIUM
Adjustments or
Base Level Enhancements Appropriation
Salaries and wages $12,950,567 $1,645,103 $14,595,670
Operating expenses 4,772,209 5,398,631 10,170,840
Capital assets 6,000 220,000 226,000
National conference of state legislatures283,070 23,102 306,172
Total general fund $18,011,846 $7,286,836 $25,298,682
Page No. 1 25.0168.04000
ENGROSSED SENATE BILL NO. 2001
FIRST ENGROSSMENT
with House Amendments
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Subdivision 2.
LEGISLATIVE MANAGEMENT AND LEGISLATIVE COUNCIL
Adjustments or
Base Level Enhancements Appropriation
Salaries and wages $15,435,797 $1,190,358 $16,626,155
New and vacant FTE pool 0 5,088,515 5,088,515
Operating expenses 3,780,912 1,435,238 5,216,150
Public printing 0 290,000 290,000
Capital assets 6,000 280,000 286,000
Total all funds $19,222,709 $8,284,111 $27,506,820
Less other funds 88,000 0 88,000
Total general fund $19,134,709 $8,284,111 $27,418,820
Full-time equivalent positions 45.00 25.00 70.00
Subdivision 3.
TOTAL - SECTION 1
Adjustments or
Base Level Enhancements Appropriation
Grand total all funds $37,234,555 $15,570,947 $52,805,502
Less grand total other funds 88,000 0 88,000
Grand total general fund $37,146,555 $15,570,947 $52,717,502
SECTION 2. ONE-TIME FUNDING - EFFECT ON BASE BUDGET - REPORT TO
SEVENTIETH LEGISLATIVE ASSEMBLY. The following amounts reflect the one-time funding
items included in the appropriation in section 1 of this Act which are not included in each entity's
base budget for the 2027-29 biennium and which each entity shall report to the appropriations
committees of the seventieth legislative assembly regarding the use of this funding:
One - Time Funding Description General Fund Other Funds Total Funds
Legislative Assembly
Legislative chambers and $4,451,000 $0 $4,451,000
system upgrades
Total legislative assembly $4,451,000 $0 $4,451,000
Legislative Management
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and Legislative Council
Costs related to new positions $375,000 $0 $375,000
Legislative term limit study 225,000 0 225,000
Information technology equipment 280,000 0 280,000
Total legislative management and
legislative council $880,000 $0 $880,000
Grand total $5,331,000 $0 $5,331,000
SECTION 3. NEW AND VACANT FTE POOL - BUDGET SECTION REPORT.
1.The legislative council may not spend funds from the new and vacant FTE pool line
item in subdivision 2 of section 1 of this Act, but may transfer funds from this line item
to the salaries and wages line item as necessary to provide funding for:
a.Filling a new FTE position from the date of hire through the end of the biennium;
or
b.Salaries and wages if actual salaries and wages savings from vacant positions
and employee turnover adjusted for other uses are less than the estimate used
by the sixty-ninth legislative assembly in the development of the appropriation.
2.The legislative council shall report to the budget section regarding the use of funding
in the pool including information on:
a.New FTE positions, including the date hired;
b.Vacant FTE positions, including information on positions that become vacant and
positions filled, salaries and wages savings resulting from vacant positions and
employee turnover, and the use of salaries and wages savings for other
purposes; and
c.Additional salaries and wages funding needed due to savings from vacant
positions being less than anticipated.
3.If funding in the new and vacant FTE pool line item is insufficient to provide the
necessary salaries and wages funding for the biennium, the legislative council may
request a deficiency appropriation from the seventieth legislative assembly.
SECTION 4. EXEMPTION - TRANSFERS. Notwithstanding section 54-16-04, the director
of the office of management and budget shall transfer appropriation authority between line items
of the legislative management and legislative council as may be requested by the chairman of
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the legislative management or the director of the legislative council upon the finding by the
chairman or the director that the nature of studies and duties assigned to the legislative
management or legislative council requires the transfers in properly carrying on the legislative
management's and legislative council's functions and duties. The director of the office of
management and budget shall similarly make transfers of appropriation authority between the
line items for the sixty-ninth and seventieth legislative assemblies, upon request by the
chairman of the legislative management or the director of the legislative council upon the finding
by the chairman or director that the transfers are required for the legislative assembly to carry
on its functions and duties.
SECTION 5. APPLICATION, TRANSFER AUTHORITY, AND CANCELLATION OF
UNEXPENDED APPROPRIATIONS. Sections 54-16-04 and 54-44.1-11 do not apply to
chapter 1 of the 2023 Session Laws. The director of the office of management and budget shall
make transfers of appropriation authority between the line items and the agencies of the
legislative branch within section 1 of that chapter as requested by the chairman of the legislative
management or the director of the legislative council. The office of management and budget
shall cancel unexpended appropriations for the legislative assembly and legislative council
enacted prior to the 2023-25 biennium as directed by the chairman of the legislative
management or the director of the legislative council.
SECTION 6. AMENDMENT. Section 48-08-04 of the North Dakota Century Code is
amended and reenacted as follows:
48-08-04. Use of legislative assembly rooms, and halls, and other space in the
capitol.
During the interim between legislative sessions, the committee rooms, halls, passageways,
and other space in the capitol used by the legislative assembly, including the pioneer room, the
coteau room, the Sheyenne River room, judicial wing room 216, and judicial wing rooms 327 B,
C, and E, may not be used without authorization of the legislative council. The fifteenth floor of
the capitol is reserved for the exclusive use of the legislative council.
SECTION 7. AMENDMENT. Section 54-03-10 of the North Dakota Century Code is
amended and reenacted as follows:
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54-03-10. Compensation of speaker, majority and minority leaders, assistant majority
and minority leaders, committee chairmen, and employees.
The speaker of the house, the house majority leader, the senate majority leader, the house
minority leader, and the senate minority leader shall each receive as compensation, in addition
to any other compensation or expense reimbursement provided by law, the sum of fifteentwenty
dollars per day for each calendar day during any regular, special, or organizational session.
Chairmen of the substantive standing committees, the house assistant majority leader, the
senate assistant majority leader, the house assistant minority leader, and the senate assistant
minority leader shall receive additional compensation of tenfifteen dollars for each calendar day
during any regular, special, or organizational session. The additional compensation provided by
this section must be paid in the manner provided in section 54-03-20. The legislative assembly,
by concurrent resolution, shall fix the compensation of the other officers and employees elected
or appointed.
SECTION 8. 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.Each member of the legislative assembly is entitled to receive as compensation for
services the sum of two hundred fivetwo hundred nineteen dollars through June 30,
20242026, and two hundred thirteentwo hundred twenty - six 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.
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
subsequent two-year period at an amount equal to thirty times seventy percent of
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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.
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
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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-ninesix hundred ten dollars through
June 30, 20242026, and five hundred ninety-twosix hundred twenty - eight 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 eightfour hundred thirty - seven dollars through June 30, 20242026, and
four hundred twenty-fourfour hundred fifty 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 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 federal income tax
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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 9. AMENDMENT. Section 54-35-10 of the North Dakota Century Code is
amended and reenacted as follows:
54-35-10. Compensation of members and leadership.
1.The members of the legislative management and the members of any committee of
the legislative management are entitled to be compensated for the time spent in
attendance at sessions of the legislative management and of its committees at the rate
of two hundred fivetwo hundred nineteen dollars through June 30, 20242026, and two
hundred thirteentwo hundred twenty - six dollars thereafter per day and must also be
paid for expenses incurred in attending said meetings and in the performance of their
official duties in the amounts provided by law for other state officers.
2.In addition to the compensation provided in subsection 1, the chairman of the
legislative management is entitled to receive an additional fiveten dollars for each day
spent in attendance at sessions of the legislative management and of its committees,
and the chairman of each of the legislative management's committees is entitled to
receive fiveten dollars for each day spent in attendance at sessions of the legislative
management or of the committee which the person chairs.
SECTION 10. LEGISLATIVE INTENT - LEGISLATIVE MANAGEMENT - CHAMBER
ACCESSIBILITY. It is the intent of the sixty-ninth legislative assembly that the legislative
management review the accessibility of the legislative chambers and gather information
regarding options to improve access.
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