North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2021 Compare Versions

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1		-	Sixty-ninth Legislative Assembly of North Dakota
2		-	In Regular Session Commencing Tuesday, January 7, 2025
3		-	SENATE BILL NO. 2021
4		-	(Appropriations Committee)
5		-	AN ACT to provide an appropriation for defraying the expenses of the information technology
6		-	department; to amend and reenact sections 54-35-15.1, 54-59-14, and 54-59-15 of the North
7		-	Dakota Century Code, relating to membership of the information technology committee and the
8		-	information technology operating fund; to provide an exemption; to provide for a legislative
9		-	management study; and to provide for a legislative management report.
	1	+	25.0188.03000
	2	+	Sixty-ninth
	3	+	Legislative Assembly
	4	+	of North Dakota
	5	+	Introduced by
	6	+	Appropriations Committee
	7	+	A BILL for an Act to provide an appropriation for defraying the expenses of the information
	8	+	technology department; to amend and reenact sections 54-35-15.1, 54-59-14, and 54-59-15 of
	9	+	the North Dakota Century Code, relating to membership of the information technology
	10	+	committee and the information technology operating fund; to provide an exemption; to provide
	11	+	for a legislative management study; and to provide for a legislative management report.
10	12		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
11		-	SECTION 1. APPROPRIATION. The funds provided in this section, or so much of the funds as may
12		-	be necessary, are appropriated out of any moneys in the general fund in the state treasury, not
13		-	otherwise appropriated, and from other funds derived from special funds and federal funds, to the
14		-	information technology department for the purpose of defraying the expenses of the information
15		-	technology department, for the biennium beginning July 1, 2025, and ending June 30, 2027, as follows:
	13	+	SECTION 1. APPROPRIATION. The funds provided in this section, or so much of the funds
	14	+	as may be necessary, are appropriated out of any moneys in the general fund in the state
	15	+	treasury, not otherwise appropriated, and from other funds derived from special funds and
	16	+	federal funds, to the information technology department for the purpose of defraying the
	17	+	expenses of the information technology department, for the biennium beginning July 1, 2025,
	18	+	and ending June 30, 2027, as follows:
16	19		Adjustments or
17	20		Base Level Enhancements Appropriation
18	21		Salaries and wages $112,233,364 $16,747,954 $128,981,318
19	22		New and vacant FTE pool 0 8,403,424 8,403,424
20	23		Operating expenses 119,115,018 (98,975,025) 20,139,993
21	24		Capital assets 3,443,909 (3,312,874) 131,035
22	25		Statewide longitudinal data system 4,625,661 (504,904) 4,120,757
23	26		Edutech 10,348,826 (2,832,440) 7,516,386
24	27		K-12 wide area network 5,915,668 786,356 6,702,024
25	28		Geographic information system 1,109,786 48,157 1,157,943
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	30	+	ENGROSSED SENATE BILL NO. 2021
	31	+	FIRST ENGROSSMENT
	32	+	with House Amendments
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	54	+	22 Sixty-ninth
	55	+	Legislative Assembly
26	56		Health information technology office5,822,725 1,928,517 7,751,242
27	57		Statewide interoperable radio network18,449,852 (2,845,242) 15,604,610
28	58		Total all funds $281,064,809 ($80,556,077) $200,508,732
29	59		Less other funds 239,646,504 (87,178,908) 152,467,596
30	60		Total general fund $41,418,305 $6,622,831 $48,041,136
31	61		Full-time equivalent positions 507.00 2.00 509.00
32		-	SECTION 2. ONE-TIME FUNDING - EFFECT ON BASE BUDGET - REPORT TO ~~SEVENTIETH~~
33		-	LEGISLATIVE ASSEMBLY. The following amounts reflect the one-time funding ~~items included in the~~
34		-	appropriation in section 1 of this Act which are not included in the entity's ~~base budget for the 2027-29~~
35		-	biennium and which the entity shall report to the appropriations ~~committees of the seventieth legislative~~
36		-	assembly regarding the use of this funding:
	62	+	SECTION 2. ONE-TIME FUNDING - EFFECT ON BASE BUDGET - REPORT TO
	63	+	SEVENTIETH LEGISLATIVE ASSEMBLY. The following amounts reflect the one-time funding
	64	+	items included in the appropriation in section 1 of this Act which are not included in the entity's
	65	+	base budget for the 2027-29 biennium and which the entity shall report to the appropriations
	66	+	committees of the seventieth legislative assembly regarding the use of this funding:
37	67		One-Time Funding Description General Fund Other Funds Total
38	68		State data center migration project $0 $1,719,061 $1,719,061
39	69		Information technology services automation 0 1,793,609 1,793,609
40	70		Total $0 $3,512,670 $3,512,670
41	71		SECTION 3. NEW AND VACANT FTE POOL - LIMITATION - TRANSFER REQUEST. The
42		-	information technology department may not spend funds appropriated in the new and vacant FTE pool
43		-	line item in section 1 of this Act, but may request the office of management and budget to transfer funds
44		-	from the new and vacant FTE pool line item to the salaries and wages line item and other line items
45		-	with salaries and wages in accordance with the guidelines and reporting provisions included in House
46		-	Bill No. 1015, as approved by the sixty-ninth legislative assembly. S. B. NO. 2021 - PAGE 2
47		-	SECTION 4. EXEMPTION - LINE ITEM TRANSFERS. Notwithstanding section 54-16-04, the
48		-	director of the office of management and budget shall make transfers of funds between line items in
49		-	section 1 of this Act, except the new and vacant FTE pool line item, for the information technology
50		-	department as may be requested by the chief information officer as determined necessary for the
51		-	development and implementation of information technology projects. The department shall notify the
52		-	legislative council of any transfers made pursuant to this section.
53		-	SECTION 5. OTHER FUNDS - STRATEGIC INVESTMENT AND IMPROVEMENTS FUND. The
54		-	other funds line item in section 1 of this Act includes the sum of $3,512,670 from the strategic
55		-	investment and improvements fund, including $1,719,061 for a state data center migration project and
56		-	$1,793,609 for the cost of automating information technology services and the purchase of software
57		-	licenses.
58		-	SECTION 6. AMENDMENT. Section 54-35-15.1 of the North Dakota Century Code is amended and
59		-	reenacted as follows:
	72	+	information technology department may not spend funds appropriated in the new and vacant
	73	+	FTE pool line item in section 1 of this Act, but may request the office of management and
	74	+	budget to transfer funds from the new and vacant FTE pool line item to the salaries and wages
	75	+	line item and other line items with salaries and wages in accordance with the guidelines and
	76	+	reporting provisions included in House Bill No. 1015, as approved by the sixty-ninth legislative
	77	+	assembly.
	78	+	SECTION 4. EXEMPTION - LINE ITEM TRANSFERS. Notwithstanding section 54-16-04,
	79	+	the director of the office of management and budget shall make transfers of funds between line
	80	+	items in section 1 of this Act, except the new and vacant FTE pool line item, for the information
	81	+	technology department as may be requested by the chief information officer as determined
	82	+	necessary for the development and implementation of information technology projects. The
	83	+	department shall notify the legislative council of any transfers made pursuant to this section.
	84	+	SECTION 5. OTHER FUNDS - STRATEGIC INVESTMENT AND IMPROVEMENTS FUND.
	85	+	The other funds line item in section 1 of this Act includes the sum of $3,512,670 from the
	86	+	strategic investment and improvements fund, including $1,719,061 for a state data center
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	120	+	migration project and $1,793,609 for the cost of automating information technology services and
	121	+	the purchase of software licenses.
	122	+	SECTION 6. AMENDMENT. Section 54-35-15.1 of the North Dakota Century Code is
	123	+	amended and reenacted as follows:
60	124		54-35-15.1. Information technology committee - Appointment.
61	125		The legislative management, during each biennium, shall appoint an information technology
62		-	committee in the same manner as the legislative management appoints other interim committees. The
63		-	legislative management shall appoint six members of the house of representatives and five members of
64		-	the senate to the committee. The chief information officer of the state is anand an individual with
65		-	information technology-related experience from the department of health and human services,
66		-	appointed by the commissioner of the department of health and human services, are ex officio,
67		-	nonvoting membermembers of the committee. The legislative management shall designate the
68		-	chairman of the committee. The committee shall operate according to the statutes and procedure
69		-	governing the operation of other legislative management interim committees.
70		-	SECTION 7. AMENDMENT. Section 54-59-14 of the North Dakota Century Code is amended and
71		-	reenacted as follows:
72		-	54-59-14. Information technology operating accountfund - Continuing appropriation - Report.
73		-	1.The department shall establish a state information technology operating accountfund in the
74		-	state treasury to be used, in accordance with legislative appropriation, for procuring and
75		-	maintaining information technology and network services and for providing information
76		-	technology, and network services, and central microfilm unit services to state entities and
77		-	network services to users of the state network.
78		-	2.Unless exempted by law, each agency or institution provided with information technology or
79		-	network services shall pay to the department the charges for services provided as determined
80		-	by the department. The department shall deposit the amounts received in the information
81		-	technology operating account or the information technology development account, as
82		-	appropriatefund, which are appropriated to the department on a continuing basis for purposes
83		-	provided under this section, except the department may not use continuing appropriation
84		-	authority to pay salaries and wages-related expenses.
85		-	3.The department shall compile a report regarding the status of the information technology
86		-	operating fund to be provided at each meeting of the budget section. The report must include
87		-	information regarding expenditures paid from the fund for department administration,
88		-	operations, and information technology projects by specific object code, the amount and
89		-	category of services provided to state agencies and institutions and users of the state network
90		-	from moneys in the fund, and the balance remaining in the fund from the most recently
91		-	completed quarter. The department shall present the mostly recently completed report to the
92		-	appropriation committees of the legislative assembly each legislative session.
93		-	SECTION 8. AMENDMENT. Section 54-59-15 of the North Dakota Century Code is amended and
94		-	reenacted as follows: S. B. NO. 2021 - PAGE 3
	126	+	committee in the same manner as the legislative management appoints other interim
	127	+	committees. The legislative management shall appoint six members of the house of
	128	+	representatives and five members of the senate to the committee. The chief information officer
	129	+	of the state is anand an individual with information technology-related experience from the
	130	+	department of health and human services, appointed by the commissioner of the department of
	131	+	health and human services, are ex officio, nonvoting membermembers of the committee. The
	132	+	legislative management shall designate the chairman of the committee. The committee shall
	133	+	operate according to the statutes and procedure governing the operation of other legislative
	134	+	management interim committees.
	135	+	SECTION 7. AMENDMENT. Section 54-59-14 of the North Dakota Century Code is
	136	+	amended and reenacted as follows:
	137	+	54-59-14. Information technology operating accountfund - Continuing appropriation -
	138	+	Report.
	139	+	1.The department shall establish a state information technology operating accountfund
	140	+	in the state treasury to be used, in accordance with legislative appropriation, for
	141	+	procuring and maintaining information technology and network services and for
	142	+	providing information technology, and network services, and central microfilm unit
	143	+	services to state entities and network services to users of the state network.
	144	+	2.Unless exempted by law, each agency or institution provided with information
	145	+	technology or network services shall pay to the department the charges for services
	146	+	provided as determined by the department. The department shall deposit the amounts
	147	+	received in the information technology operating account or the information technology
	148	+	development account, as appropriatefund, which are appropriated to the department
	149	+	on a continuing basis for purposes provided under this section, except the department
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	182	+	may not use continuing appropriation authority to pay salaries and wages-related
	183	+	expenses.
	184	+	3.The department shall compile a report regarding the status of the information
	185	+	technology operating fund to be provided at each meeting of the budget section. The
	186	+	report must include information regarding expenditures paid from the fund for
	187	+	department administration, operations, and information technology projects by specific
	188	+	object code, the amount and category of services provided to state agencies and
	189	+	institutions and users of the state network from monies in the fund, and the balance
	190	+	remaining in the fund from the most recently completed quarter. The department shall
	191	+	present the mostly recently completed report to the appropriation committees of the
	192	+	legislative assembly each legislative session.
	193	+	SECTION 8. AMENDMENT. Section 54-59-15 of the North Dakota Century Code is
	194	+	amended and reenacted as follows:
95	195		54-59-15. Acceptance of funds.
96		-	The department may accept federal or other funds, which must be deposited in the information
97		-	technology operating accountfund or other accountsfunds specified by the office of management and
98		-	budget and which may be spent subject to legislative appropriation. The department may apply for any
99		-	public or private grants available for the improvement of information technology.
100		-	SECTION 9. EXEMPTION - UNEXPENDED APPROPRIATIONS. The following appropriations are
101		-	not subject to the provisions of section 54-44.1-11 and any unexpended appropriation authority
102		-	remaining may be continued into the biennium beginning July 1, 2025, and ending June 30, 2027:
103		-	1.The sum of $45,000,000 appropriated from the federal coronavirus capital projects fund for
104		-	broadband infrastructure grants in section 9 of chapter 548 of the 2021 Special Session
105		-	Session Laws and continued into the 2023-25 biennium in sections 9 and 10 of chapter 21 of
106		-	the 2023 Session Laws.
107		-	2.The sum of $12,000,000 appropriated from the strategic investment and improvements fund,
108		-	of which $7,000,000 was for an enterprise digitization project and $5,000,000 was for a
109		-	business gateway enterprise customer relationship management program, in section 1 of
110		-	chapter 21 of the 2023 Session Laws.
111		-	3.The sum of $4,856,876 appropriated from the information technology operating fund for
112		-	governance, risk, and compliance costs and the department of public instruction lighthouse
113		-	project in section 1 of chapter 21 of the 2023 Session Laws.
	196	+	The department may accept federal or other funds, which must be deposited in the
	197	+	information technology operating accountfund or other accountsfunds specified by the office of
	198	+	management and budget and which may be spent subject to legislative appropriation. The
	199	+	department may apply for any public or private grants available for the improvement of
	200	+	information technology.
	201	+	SECTION 9. EXEMPTION - UNEXPENDED APPROPRIATIONS. The following
	202	+	appropriations are not subject to the provisions of section 54-44.1-11 and any unexpended
	203	+	appropriation authority remaining may be continued into the biennium beginning July 1, 2025,
	204	+	and ending June 30, 2027:
	205	+	1.The sum of $45,000,000 appropriated from the federal coronavirus capital projects
	206	+	fund for broadband infrastructure grants in section 9 of chapter 548 of the 2021
	207	+	Special Session Session Laws and continued into the 2023-25 biennium in sections 9
	208	+	and 10 of chapter 21 of the 2023 Session Laws.
	209	+	2.The sum of $12,000,000 appropriated from the strategic investment and
	210	+	improvements fund, of which $7,000,000 was for an enterprise digitization project and
	211	+	$5,000,000 was for a business gateway enterprise customer relationship management
	212	+	program, in section 1 of chapter 21 of the 2023 Session Laws.
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	246	+	3.The sum of $4,856,876 appropriated from the information technology operating fund
	247	+	for governance, risk, and compliance costs and the department of public instruction
	248	+	lighthouse project in section 1 of chapter 21 of the 2023 Session Laws.
114	249		4.The sum of $147,762,480 appropriated from federal funds available as a result of the
115		-	Infrastructure Investment and Jobs Act for the broadband, equity, access, and deployment
116		-	program, digital equity program, and state and local cybersecurity grant program in section 1
117		-	of chapter 21 of the 2023 Session Laws.
118		-	5.The sum of $487,520 appropriated from the general fund as matching funds for the state and
119		-	local cybersecurity grant program in section 1 of chapter 21 of the 2023 Session Laws.
120		-	6.The sum of $80,000,000 appropriated from the federal state fiscal recovery fund for the
121		-	statewide interoperable radio network project in section 4 of chapter 554 of the 2023 Session
122		-	Laws.
123		-	SECTION 10. LEGISLATIVE MANAGEMENT STUDY - STATEWIDE INTEROPERABLE RADIO
124		-	NETWORK FUNDING AND EMERGENCY COMMUNICATIONS FEES. During the 2025-26 interim,
125		-	the legislative management shall consider studying fees collected for technology services, including
126		-	emergency communications, behavioral health crisis response, and the statewide interoperable radio
127		-	network. The study must include an analysis of the adequacy of current fee structures, financial needs
128		-	of the technology services, current fees and revenue trends for 911 and 988 services, the statewide
129		-	interoperable radio network project, the estimated project completion date, estimated ongoing funding
130		-	needs to operate the network, current funding available for the network, future funding options for the
131		-	network that will not negatively affect existing emergency communication systems, and a comparison of
132		-	statewide radio network funding models used in other states. The legislative management shall report
133		-	its findings and recommendations, together with any legislation required to implement the
	250	+	Infrastructure Investment and Jobs Act for the broadband, equity, access, and
	251	+	deployment program, digital equity program, and state and local cybersecurity grant
	252	+	program in section 1 of chapter 21 of the 2023 Session Laws.
	253	+	5.The sum of $487,520 appropriated from the general fund as matching funds for the
	254	+	state and local cybersecurity grant program in section 1 of chapter 21 of the 2023
	255	+	Session Laws.
	256	+	6.The sum of $80,000,000 appropriated from the federal state fiscal recovery fund for
	257	+	the statewide interoperable radio network project in section 4 of chapter 554 of the
	258	+	2023 Session Laws.
	259	+	SECTION 10. LEGISLATIVE MANAGEMENT STUDY - STATEWIDE INTEROPERABLE
	260	+	RADIO NETWORK FUNDING AND EMERGENCY COMMUNICATIONS FEES. During the
	261	+	2025-26 interim, the legislative management shall consider studying fees collected for
	262	+	technology services, including emergency communications, behavioral health crisis response,
	263	+	and the statewide interoperable radio network. The study must include an analysis of the
	264	+	adequacy of current fee structures, financial needs of the technology services, current fees and
	265	+	revenue trends for 911 and 988 services, the statewide interoperable radio network project, the
	266	+	estimated project completion date, estimated ongoing funding needs to operate the network,
	267	+	current funding available for the network, future funding options for the network that will not
	268	+	negatively affect existing emergency communication systems, and a comparison of statewide
	269	+	radio network funding models used in other states. The legislative management shall report its
	270	+	findings and recommendations, together with any legislation required to implement the
134	271		recommendations, to the seventieth legislative assembly.
135	272		SECTION 11. LEGISLATIVE MANAGEMENT STUDY - STATE ENTERPRISE RESOURCE
136	273		PLANNING SYSTEM. During the 2025-26 interim, the legislative management shall study the
137	274		enterprise resource planning system for the state of North Dakota, including state agencies and
138	275		institutions of higher education. The study must include consideration of:
139		-	1.The current system and potential systems, including functionality, technological structure,
140		-	expected life cycle, costs and benefits of cloud-based and on-premises hosted solutions,
141		-	support and maintenance costs, and potential implementation costs. S. B. NO. 2021 - PAGE 4
142		-	2.The desired functionality for state agency use, including financial management, human capital
143		-	management, and procurement.
144		-	3.The desired functionality for institutions of higher education, including financial management,
145		-	human capital management, grant management, compliance management, procurement, and
146		-	student data management.
147		-	4.The costs and benefits of continuing with one enterprise resource planning system or separate
148		-	systems for state agencies and institutions of higher education.
149		-	The legislative management shall report its findings and recommendations, together with any legislation
150		-	required to implement the recommendations, to the seventieth legislative assembly.
151		-	SECTION 12. LEGISLATIVE MANAGEMENT REPORT - STUDENT INFORMATION SYSTEM
152		-	TRANSITION. During the 2025-26 interim, the information technology department and department of
153		-	public instruction shall report quarterly to the budget section of the legislative management regarding
154		-	the status of the student information system transition. S. B. NO. 2021 - PAGE 5
155		-	____________________________ ____________________________
156		-	President of the Senate Speaker of the House
157		-	____________________________ ____________________________
158		-	Secretary of the Senate Chief Clerk of the House
159		-	This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
160		-	Dakota and is known on the records of that body as Senate Bill No. 2021.
161		-	Senate Vote:Yeas 45 Nays 1 Absent 1
162		-	House Vote: Yeas 75 Nays 17 Absent 2
163		-	____________________________
164		-	Secretary of the Senate
165		-	Received by the Governor at ________M. on _____________________________________, 2025.
166		-	Approved at ________M. on __________________________________________________, 2025.
167		-	____________________________
168		-	Governor
169		-	Filed in this office this ___________day of _______________________________________, 2025,
170		-	at ________ o’clock ________M.
171		-	____________________________
172		-	Secretary of State
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	308	+	1.The current system and potential systems, including functionality, technological
	309	+	structure, expected life cycle, costs and benefits of cloud based and on-premises
	310	+	hosted solutions, support and maintenance costs, and potential implementation costs.
	311	+	2.The desired functionality for state agency use, including financial management, human
	312	+	capital management, and procurement.
	313	+	3.The desired functionality for institutions of higher education, including financial
	314	+	management, human capital management, grant management, compliance
	315	+	management, procurement, and student data management.
	316	+	4.The costs and benefits of continuing with one enterprise resource planning system or
	317	+	separate systems for state agencies and institutions of higher education.
	318	+	The legislative management shall report its findings and recommendations, together with any
	319	+	legislation required to implement the recommendations, to the seventieth legislative assembly.
	320	+	SECTION 12. LEGISLATIVE MANAGEMENT REPORT - STUDENT INFORMATION
	321	+	SYSTEM TRANSITION. During the 2025-26 interim, the information technology department
	322	+	and department of public instruction shall report quarterly to the budget section of the legislative
	323	+	management regarding the status of the student information system transition.
	324	+	Page No. 6 25.0188.03000
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