128 chapters · 1,241 sections in this title.
N.D.C.C. § 54-40.1-04 Regional council - Powers and duties
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A regional council shall: 1. Adopt agreements, rules, or procedures as may be necessary to effectuate planning and development in the region. 2. Coordinate planning and development within the region for all matters of regional concern as determined by the regional council, includ…
N.D.C.C. § 54-40.1-05 Reports
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Each regional council shall prepare an annual report within one hundred twenty days after the end of each fiscal year. The regional council shall submit copies of the report to the participating units of general local government, to the governor or the governor's designee, and to…
N.D.C.C. § 54-40.1-06 Dissolution of regional council
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A regional council may be dissolved as prescribed in the agreements, rules, or procedures of the regional council. Upon dissolution, all properties of the regional council will be converted to cash or evaluated as to worth and divided among participating units of general local go…
N.D.C.C. § 54-40.1-07 Rural catalyst committee - Membership - Meetings
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1. The rural catalyst committee is created to assist communities in the state with quality of life improvement and economic development projects. The committee includes: a. One individual from each regional council, appointed by the executive boards of the regional councils; b. T…
N.D.C.C. § 54-40.1-09 Rural catalyst fund
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The rural catalyst fund is a special fund in the state treasury administered by the department. Moneys in the fund must be used for providing grants in accordance with this chapter, subject to legislative appropriations. Interest earned on moneys in the fund must be credited to t…
N.D.C.C. § 54-40.2-01 Definitions
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In this chapter: 1. "Public agency" means any political subdivision, including municipalities, counties, school districts, and any agency or department of North Dakota. 2. "Secretary" means the secretary of interior of the United States. 3. "Tribal government" means the officiall…
N.D.C.C. § 54-40.2-02 Authorization to enter agreements - General contents
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1. Any one or more public agencies may enter into an agreement with any one or more tribal governments to perform any administrative service, activity, or undertaking that any of the public agencies or tribal governments are authorized to perform by law and to resolve any dispute…
N.D.C.C. § 54-40.2-03 Specifications of agreement
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Repealed by S.L. 1991, ch. 606, § 10.
N.D.C.C. § 54-40.2-03.1 Agreement - Notice
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1. After the parties to an agreement have agreed to its contents, the public agency involved shall publish a notice containing a summary of the agreement in the official newspaper of each county of the state reasonably expected to be affected by the agreement. The notice must als…
N.D.C.C. § 54-40.2-03.2 Public hearing - Notice
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1. If the public agency receives a request pursuant to section 54-40.2-03.1, the public agency shall hold a public hearing prior to the submission of the agreement to the governor at which any persons interested in the agreement may be heard. Notice of the time, place, and purpos…
N.D.C.C. § 54-40.2-05 Filing of agreement
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After approval by the governor and by the tribe or tribes affected by the agreement and, if required, legislative confirmation, and prior to commencement of its performance, an agreement made pursuant to this chapter must be filed with: 1. The secretary. 2. The clerk of court of …
N.D.C.C. § 54-40.2-05.1 Review of agreement - Report
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Upon the request of any political subdivision or any tribe affected by an approved agreement, the Indian affairs commission shall make findings concerning the utility and effectiveness of the agreement taking into account the original intent of the parties and may make findings a…
N.D.C.C. § 54-40.2-06 Revocation of agreement
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Any agreement made pursuant to this chapter must include provisions for revocation.
N.D.C.C. § 54-40.2-07 Authorization to appropriate funds for purpose of agreement
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Any public agency entering into an agreement pursuant to this chapter may appropriate funds for and may sell, lease, or otherwise give or supply material to any entity created for the purpose of performance of the agreement and may provide such personnel or services therefore as …
N.D.C.C. § 54-40.2-08 Specific limitations on agreements
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Nothing in this chapter may be construed to: 1. Authorize an agreement that enlarges or diminishes the jurisdiction over civil or criminal matters that may be exercised by either North Dakota or tribal governments located in North Dakota. 2. Authorize a public agency or tribal go…
N.D.C.C. § 54-40.2-09 Validity of existing agreements
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This chapter does not affect the validity of any agreement entered into between a tribe and a public agency before August 1, 1999.
N.D.C.C. § 54-40.3-01 Joint powers agreements - General authority
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1. Any county, city, township, city park district, school district, or other political subdivision of this state, upon approval of its respective governing body, may enter into an agreement with any other political subdivision of this state for the cooperative or joint administra…
N.D.C.C. § 54-40.3-04 Joint exercise of police power
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A state or a local criminal justice agency of this state, with the approval of its governing body, may enter an agreement in the manner provided in section 54-40.3-01 with another state or a political subdivision of another state, for the joint exercise of peace officer duties. A…
N.D.C.C. § 54-40.3-05 Application of open records law
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If a joint powers agreement is entered into between a political subdivision of this state and a political subdivision of another state which creates a joint emergency services communications system, the joint powers agreement must address which jurisdiction's open records law wil…
N.D.C.C. § 54-40.4-01 County-city home rule - City participation
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One or more counties and one or more cities within each county may frame and adopt a home rule charter to form a single unit of local government pursuant to this chapter. A county-city home rule charter may include a city that participates in proposing the charter if a majority o…
N.D.C.C. § 54-40.4-02 Method of proposing home rule charter
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The process for drafting and submitting a county-city home rule charter may be initiated by: 1. Separate motions by one or more boards of county commissioners and one or more city governing bodies within each of those counties; 2. The execution of a joint powers agreement; or 3. …
N.D.C.C. § 54-40.4-04 Submission of charter to electors
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At least sixty days, but not more than two years, after submission of the proposed charter to the affected governing bodies, the proposed charter must be submitted to a vote of the qualified electors of each affected county and city at a primary or general election held concurren…
N.D.C.C. § 54-40.4-06 Amendment or repeal - Discontinuance of participation
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1. A county-city home rule charter may be amended or repealed by a proposal submitted by the governing body of the unified county-city government or by a petition filed with the governing body signed by ten percent or more of the total number of qualified electors within the juri…
N.D.C.C. § 54-40.4-07 Manner of calling and holding elections
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The elections provided for in this chapter are subject to the laws applicable to other elections. All qualified electors of any affected county and city are eligible to vote at the election. The charter commission, for proposals to adopt a home rule charter, or the governing body…
N.D.C.C. § 54-40.4-08 Vested property - Rights of action - Actions saved
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The adoption of any charter or amendment does not destroy any property, action, right of action, claim, or demand of any nature vested in the county-city. All rights of action, claims, or demands are preserved to the county-city, and to any persons asserting any claims against th…
N.D.C.C. § 54-40.4-09 Effect of amendment or repeal on salary or term of office
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On the first day of January following repeal of a county-city home rule charter any affected county and city reverts to the form of government in place immediately preceding adoption of the home rule charter. If positions to which officials were elected under the home rule charte…
N.D.C.C. § 54-40.5-01 Purpose
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The purpose of this chapter is to provide procedures for political subdivisions by mutual agreement to transfer the administrative, legal, and financial responsibility for any powers or functions to the county, as authorized by section 10 of article VII of the Constitution of Nor…
N.D.C.C. § 54-40.5-02 Definitions
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As used in this chapter: 1. "County" means the county in which a political subdivision is located. 2. "Political subdivision" means a city, township, city park district, school district, or other unit of local government or special district or authority in this state.
N.D.C.C. § 54-40.5-03 Transfer of powers or functions to the county
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A political subdivision may enter into an agreement for the transfer of the legal, administrative, and financial responsibilities for carrying out a power or function of the political subdivision as required or permitted by law or home rule charter. The agreement must include: 1.…
N.D.C.C. § 54-40.5-04 Revocation of transfer
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An agreement may be amended by further agreement of the parties in the same manner as the original agreement was made. An agreement may be terminated as provided in the agreement or, if no provision is made for the termination, by joint action of all parties, or by an individual …
N.D.C.C. § 54-44.1-01 Definition
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As used in this chapter, unless the context otherwise requires, the term "budget unit" means a department, institution, board, commission, agency, or other unit of government for which separate or distinct appropriations are made.
N.D.C.C. § 54-44.1-02 Office of the budget - Director - Employees - Powers
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The office of the budget is hereby established in the office of management and budget, for the purpose of promoting economy and efficiency in the fiscal management of the state government. The director of the office of management and budget is ex officio director of the budget. T…
N.D.C.C. § 54-44.1-03 Powers and duties of the director of the budget
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The director of the budget, or such subordinate officer as the director of the budget shall designate, shall: 1. Be vested with the duties, powers, and responsibilities involved in securing budget estimates and work programs from the several departments and agencies of the state …
N.D.C.C. § 54-44.1-05 Federal aid budget requests - Filed with the office of the budget
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Every agency of the state government when making requests for budgets to be submitted to the federal government for funds, equipment, material, or services shall have such request or budget filed in the office of the budget before submitting it to the proper federal authority. Wh…
N.D.C.C. § 54-44.1-06 Preparation of the budget data - Contents
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The director of the budget, through the office of the budget, shall prepare budget data which must contain and include the following: 1. Summary statements of the financial condition of the state, accompanied by the detailed schedules of assets and liabilities as the director of …
N.D.C.C. § 54-44.1-06.1 Contents of capital construction bill
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The office of management and budget shall continue to prepare capital construction budgets and a capital construction bill. All future capital construction bills may only include projects involving bonding. All other capital projects funded with general fund moneys or special fun…
N.D.C.C. § 54-44.1-07 Presentation of budget data - How presented to the legislative assembly
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The director of the budget or the director's designee shall present the budget data information in section 54-44.1-06, except the drafts of acts required by subsection 7 of that section, and make available sufficient copies thereof to the legislative assembly at the organizationa…
N.D.C.C. § 54-44.1-08 Budget report - Contents - When submitted to legislative assembly
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The official budget report must be transmitted by the governor to all holdover legislators and legislators-elect not later than three days after the commencement of the session of the legislative assembly. Such report is not a third-class item under section 46-02-05. The budget d…
N.D.C.C. § 54-44.1-09 All expenditures must be appropriated
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All expenditures of the state and of its budget units of moneys drawn from the state treasury must be made under authority of biennial appropriations acts, which must be based upon a budget as provided by law, and no money may be drawn from the treasury, except by appropriation m…
N.D.C.C. § 54-44.1-09.1 Insurance recoveries appropriated
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Any payment to a state budget unit for a loss under chapter 26.1-22 or for any loss covered by any property and casualty insurance is hereby appropriated to that budget unit to be used solely for the repair, rebuilding, or replacement of the destroyed or damaged building, propert…
N.D.C.C. § 54-44.1-10 Payments made pursuant to law only
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No payment may be made and no obligation may be incurred against any appropriation unless such payment or obligation has been authorized as provided by law. Every official authorizing payments in violation of this chapter is subject to the penalties and provisions of chapter 12.1…
N.D.C.C. § 54-44.1-12 Control over rate of expenditures
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1. The director of the budget shall exercise continual control over the execution of the budget affecting the departments and agencies of state government, with the exception of the legislative and judicial branches. Execution means the analysis and approval of all commitments fo…
N.D.C.C. § 54-44.1-13 Budget requests for legislative and judicial branches
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The budget requests and expenditures for the legislative and judicial branches of this state are not subject to the provisions of this chapter and such budget requests must be submitted directly to the legislative assembly with informational copies of such budgets provided to the…
N.D.C.C. § 54-44.1-14 Biennial report to legislative assembly
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The director of the budget or such member of that office as the director of the budget designates may prepare and transmit to the governor and, upon approval by the governor, may transmit to the members of the legislative assembly at least sixty days prior to the commencement of …
N.D.C.C. § 54-44.1-15 Indirect cost recoveries from federal programs and special funds
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The office of management and budget shall develop a statewide central service indirect cost allocation plan according to federal cost allocation principles. Any state agency receiving federal funds shall seek reimbursement from the federal programs for indirect costs appropriatel…
N.D.C.C. § 54-44.1-17 Bank of North Dakota transfers to the general fund - Restoration
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Notwithstanding section 54-27.2-02 and subject to the availability of funds in the general fund, at the end of the biennium the director of the budget shall return to the Bank of North Dakota any funds transferred from the Bank to the general fund in response to a projected short…
N.D.C.C. § 54-44.1-18 Searchable database of expenditures
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1. The director of the budget shall develop and make publicly available an aggregate and searchable budget database website that includes the following information for the biennium: a. Each budget unit making expenditures. b. The amount of funds expended. c. The source of the fun…
N.D.C.C. § 54-44.3-01 Purpose of chapter
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The general purpose of this chapter is to create North Dakota human resource management services in order to establish a unified system of human resource management for the classified service of the state based upon merit principles and scientific methods, governing the position …
N.D.C.C. § 54-44.3-01.1 Compensation relationships - Policy
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It is the policy of this state to establish equitable, nondiscriminatory compensation relationships among all positions and classes within the state's classification plan.
N.D.C.C. § 54-44.3-01.2 Compensation philosophy statement
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The compensation program for classified state employees must be designed to recruit, retain, and motivate a quality workforce for the purpose of providing efficient and effective services to the citizens of North Dakota. For purposes of this section, "compensation" is defined as …