Sixty-ninth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 7, 2025
SENATE BILL NO. 2021
(Appropriations Committee)
AN ACT to provide an appropriation for defraying the expenses of the information technology
department; to amend and reenact sections 54-35-15.1, 54-59-14, and 54-59-15 of the North
Dakota Century Code, relating to membership of the information technology committee and the
information technology operating fund; to provide an exemption; to provide for a legislative
management study; and to provide for a legislative management report.
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 special funds and federal funds, to the
information technology department for the purpose of defraying the expenses of the information
technology department, for the biennium beginning July 1, 2025, and ending June 30, 2027, as follows:
Adjustments or
Base Level Enhancements Appropriation
Salaries and wages $112,233,364 $16,747,954 $128,981,318
New and vacant FTE pool 0 8,403,424 8,403,424
Operating expenses 119,115,018 (98,975,025) 20,139,993
Capital assets 3,443,909 (3,312,874) 131,035
Statewide longitudinal data system 4,625,661 (504,904) 4,120,757
Edutech 10,348,826 (2,832,440) 7,516,386
K-12 wide area network 5,915,668 786,356 6,702,024
Geographic information system 1,109,786 48,157 1,157,943
Health information technology office 5,822,725 1,928,517 7,751,242
Statewide interoperable radio network 18,449,852 (2,845,242) 15,604,610
Total all funds $281,064,809 ($80,556,077) $200,508,732
Less other funds 239,646,504 (87,178,908) 152,467,596
Total general fund $41,418,305 $6,622,831 $48,041,136
Full-time equivalent positions 507.00 2.00 509.00
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 the entity's base budget for the 2027-29
biennium and which the 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
State data center migration project $0 $1,719,061 $1,719,061
Information technology services automation 0 1,793,609 1,793,609
Total $0 $3,512,670 $3,512,670
SECTION 3. NEW AND VACANT FTE POOL - LIMITATION - TRANSFER REQUEST. The
information technology department may not spend funds appropriated in the new and vacant FTE pool
line item in section 1 of this Act, but may request the office of management and budget to transfer funds
from the new and vacant FTE pool line item to the salaries and wages line item and other line items
with salaries and wages in accordance with the guidelines and reporting provisions included in House
Bill No. 1015, as approved by the sixty-ninth legislative assembly. S. B. NO. 2021 - PAGE 2
SECTION 4. EXEMPTION - LINE ITEM TRANSFERS. Notwithstanding section 54-16-04, the
director of the office of management and budget shall make transfers of funds between line items in
section 1 of this Act, except the new and vacant FTE pool line item, for the information technology
department as may be requested by the chief information officer as determined necessary for the
development and implementation of information technology projects. The department shall notify the
legislative council of any transfers made pursuant to this section.
SECTION 5. OTHER FUNDS - STRATEGIC INVESTMENT AND IMPROVEMENTS FUND. The
other funds line item in section 1 of this Act includes the sum of $3,512,670 from the strategic
investment and improvements fund, including $1,719,061 for a state data center migration project and
$1,793,609 for the cost of automating information technology services and the purchase of software
licenses.
SECTION 6. AMENDMENT. Section 54-35-15.1 of the North Dakota Century Code is amended and
reenacted as follows:
54-35-15.1. Information technology committee - Appointment.
The legislative management, during each biennium, shall appoint an information technology
committee in the same manner as the legislative management appoints other interim committees. The
legislative management shall appoint six members of the house of representatives and five members of
the senate to the committee. The chief information officer of the state is anand an individual with
information technology-related experience from the department of health and human services,
appointed by the commissioner of the department of health and human services, are ex officio,
nonvoting membermembers of the committee. The legislative management shall designate the
chairman of the committee. The committee shall operate according to the statutes and procedure
governing the operation of other legislative management interim committees.
SECTION 7. AMENDMENT. Section 54-59-14 of the North Dakota Century Code is amended and
reenacted as follows:
54-59-14. Information technology operating accountfund - Continuing appropriation - Report.
1.The department shall establish a state information technology operating accountfund in the
state treasury to be used, in accordance with legislative appropriation, for procuring and
maintaining information technology and network services and for providing information
technology, and network services, and central microfilm unit services to state entities and
network services to users of the state network.
2.Unless exempted by law, each agency or institution provided with information technology or
network services shall pay to the department the charges for services provided as determined
by the department. The department shall deposit the amounts received in the information
technology operating account or the information technology development account, as
appropriatefund, which are appropriated to the department on a continuing basis for purposes
provided under this section, except the department may not use continuing appropriation
authority to pay salaries and wages-related expenses.
3.The department shall compile a report regarding the status of the information technology
operating fund to be provided at each meeting of the budget section. The report must include
information regarding expenditures paid from the fund for department administration,
operations, and information technology projects by specific object code, the amount and
category of services provided to state agencies and institutions and users of the state network
from moneys in the fund, and the balance remaining in the fund from the most recently
completed quarter. The department shall present the mostly recently completed report to the
appropriation committees of the legislative assembly each legislative session.
SECTION 8. AMENDMENT. Section 54-59-15 of the North Dakota Century Code is amended and
reenacted as follows: S. B. NO. 2021 - PAGE 3
54-59-15. Acceptance of funds.
The department may accept federal or other funds, which must be deposited in the information
technology operating accountfund or other accountsfunds specified by the office of management and
budget and which may be spent subject to legislative appropriation. The department may apply for any
public or private grants available for the improvement of information technology.
SECTION 9. EXEMPTION - UNEXPENDED APPROPRIATIONS. The following appropriations are
not subject to the provisions of section 54-44.1-11 and any unexpended appropriation authority
remaining may be continued into the biennium beginning July 1, 2025, and ending June 30, 2027:
1.The sum of $45,000,000 appropriated from the federal coronavirus capital projects fund for
broadband infrastructure grants in section 9 of chapter 548 of the 2021 Special Session
Session Laws and continued into the 2023-25 biennium in sections 9 and 10 of chapter 21 of
the 2023 Session Laws.
2.The sum of $12,000,000 appropriated from the strategic investment and improvements fund,
of which $7,000,000 was for an enterprise digitization project and $5,000,000 was for a
business gateway enterprise customer relationship management program, in section 1 of
chapter 21 of the 2023 Session Laws.
3.The sum of $4,856,876 appropriated from the information technology operating fund for
governance, risk, and compliance costs and the department of public instruction lighthouse
project in section 1 of chapter 21 of the 2023 Session Laws.
4.The sum of $147,762,480 appropriated from federal funds available as a result of the
Infrastructure Investment and Jobs Act for the broadband, equity, access, and deployment
program, digital equity program, and state and local cybersecurity grant program in section 1
of chapter 21 of the 2023 Session Laws.
5.The sum of $487,520 appropriated from the general fund as matching funds for the state and
local cybersecurity grant program in section 1 of chapter 21 of the 2023 Session Laws.
6.The sum of $80,000,000 appropriated from the federal state fiscal recovery fund for the
statewide interoperable radio network project in section 4 of chapter 554 of the 2023 Session
Laws.
SECTION 10. LEGISLATIVE MANAGEMENT STUDY - STATEWIDE INTEROPERABLE RADIO
NETWORK FUNDING AND EMERGENCY COMMUNICATIONS FEES. During the 2025-26 interim,
the legislative management shall consider studying fees collected for technology services, including
emergency communications, behavioral health crisis response, and the statewide interoperable radio
network. The study must include an analysis of the adequacy of current fee structures, financial needs
of the technology services, current fees and revenue trends for 911 and 988 services, the statewide
interoperable radio network project, the estimated project completion date, estimated ongoing funding
needs to operate the network, current funding available for the network, future funding options for the
network that will not negatively affect existing emergency communication systems, and a comparison of
statewide radio network funding models used in other states. The legislative management shall report
its findings and recommendations, together with any legislation required to implement the
recommendations, to the seventieth legislative assembly.
SECTION 11. LEGISLATIVE MANAGEMENT STUDY - STATE ENTERPRISE RESOURCE
PLANNING SYSTEM. During the 2025-26 interim, the legislative management shall study the
enterprise resource planning system for the state of North Dakota, including state agencies and
institutions of higher education. The study must include consideration of:
1.The current system and potential systems, including functionality, technological structure,
expected life cycle, costs and benefits of cloud-based and on-premises hosted solutions,
support and maintenance costs, and potential implementation costs. S. B. NO. 2021 - PAGE 4
2.The desired functionality for state agency use, including financial management, human capital
management, and procurement.
3.The desired functionality for institutions of higher education, including financial management,
human capital management, grant management, compliance management, procurement, and
student data management.
4.The costs and benefits of continuing with one enterprise resource planning system or separate
systems for state agencies and institutions of higher education.
The legislative management shall report its findings and recommendations, together with any legislation
required to implement the recommendations, to the seventieth legislative assembly.
SECTION 12. LEGISLATIVE MANAGEMENT REPORT - STUDENT INFORMATION SYSTEM
TRANSITION. During the 2025-26 interim, the information technology department and department of
public instruction shall report quarterly to the budget section of the legislative management regarding
the status of the student information system transition. S. B. NO. 2021 - PAGE 5
____________________________ ____________________________
President of the Senate Speaker of the House
____________________________ ____________________________
Secretary of the Senate Chief Clerk of the House
This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
Dakota and is known on the records of that body as Senate Bill No. 2021.
Senate Vote:Yeas 45 Nays 1 Absent 1
House Vote: Yeas 75 Nays 17 Absent 2
____________________________
Secretary of the Senate
Received by the Governor at ________M. on _____________________________________, 2025.
Approved at ________M. on __________________________________________________, 2025.
____________________________
Governor
Filed in this office this ___________day of _______________________________________, 2025,
at ________ o’clock ________M.
____________________________
Secretary of State