Title 54, State Government

The director of the office of management and budget, with the approval of the governor, is authorized to sell, lease, exchange, or transfer title or use of any part or all of the san haven facilities and properties, located in sections nineteen, twenty-nine, and thirty, township …

1. If the state is required to pay a fee to the United States secretary of education to offset the secretary's default costs relating to an institution of higher education located in North Dakota with a cohort default rate exceeding twenty percent for the most recent fiscal year …

Upon request of the director of the office of management and budget and upon approval by the industrial commission, the state investment board may purchase oil put options for the office of management and budget. The purchase of put options must be designed to offset reduced stat…

State institutions may work with local communities and stakeholders to develop proposed property or institution alternative use plans, including partnerships with private industry and not-for-profit organizations, to be reviewed by the office of management and budget. In accordan…

There is created in the state treasury the state facility maintenance fund. The fund consists of moneys allocated to the fund from legislative transfers. Subject to legislative appropriation, moneys in the fund may be used for maintenance needs at state-owned facilities, excludin…

"Civil air patrol" means the private nonprofit corporation chartered under federal law [36 U.S.C. 201-208]. It is the purpose of this chapter to declare the intent of the state of North Dakota to continue to provide financial support to the North Dakota wing of the civil air patr…

The commanding officer, North Dakota wing, civil air patrol, may expend appropriated grant funds as administered by the adjutant general. A report of expenditure of grant funds must be issued to the adjutant general annually. A general fund grant line item must be appropriated wi…

This chapter must be known as the Records Management Act.

As used in this chapter, unless the context or subject matter otherwise requires: 1. "Agency" means any department, office, commission, board, or other unit, however designated, of the executive branch of state government, including the state board of higher education and the ent…

The chief information officer of the state or an individual designated by the chief information officer shall serve as the state records administrator, in this chapter referred to as the administrator. The administrator shall establish and administer in the executive branch of st…

The administrator shall, with due regard for the functions of the agencies concerned: 1. Establish standards, procedures, and techniques for effective management of records. 2. Make continuing surveys of operations and recommend improvements in current records management practice…

The head of each agency shall: 1. Establish and maintain an active, continuing program for the economical and efficient management of the records of the agency. 2. Make and maintain records containing adequate and proper documentation of the organization, functions, policies, dec…

Upon request, the administrator shall assist and advise in the establishment of records management programs in the legislative and judicial branches of state government and shall, as required by them, provide program services similar to those available to the executive branch of …

All records made or received by or under the authority of or coming into the custody, control, or possession of public officials of this state in the course of their public duties are the property of the state and may not be mutilated, destroyed, transferred, removed, sold, or ot…

1. Prior to the final disposition of any type or class of record, the administrator, after consultation with the official or department head owning the record, the attorney general, the state auditor, and the state archivist, shall determine that the type or class of record has n…

The official or department head concerned and the state archivist shall review any records determined to be subject to final disposition under section 54-46-08. Any records found to be of permanent value for research, reference, or other use appropriate to document the organizati…

Nonrecord materials or materials not included within the definition of records as contained in this chapter may, if not otherwise prohibited by law, be destroyed at any time by the agency in possession of such materials without the prior approval of the administrator. The adminis…

The administrator shall promulgate such rules and regulations as are necessary or proper to effectuate the purposes of this chapter.

The annual report of the information technology department made in accordance with section 54-59-19 must describe the status and progress of programs established pursuant to this chapter and must include the recommendations of the administrator for improvements in the management …

The administrator shall establish a uniform program of standards, procedures, and techniques for the effective management of county, city, and park district records. All county, city, and park district offices, departments, and agencies may establish, utilize, and maintain the un…

The administrator shall adopt rules in accordance with chapter 28-32 for state and human service zone records. The rules adopted by the administrator must be consistent with records retention requirements imposed by federal law with respect to those records. The administrator, pr…

The head of an agency may provide, and the administrator may receive, any record necessary to effect the purposes of this chapter without regard to the confidential or secret nature of the information in the record. However, the administrator and agents or employees of the admini…

The state of North Dakota recognizes that intergovernmental cooperation is an essential factor in resolving problems affecting this state and that the interchange of personnel between and among governmental agencies at the same or different levels of government is a significant f…

For the purposes of this chapter the following words and phrases have the meanings ascribed to them in this chapter: 1. "Receiving agency" means any department or agency of the federal government or a state government which receives an employee of another government under this ch…

Any department, agency, or instrumentality of the state is authorized to participate in a program of interchange of employees with departments, agencies, or instrumentalities of the federal government, or another state, as a sending or receiving agency.

The period of individual assignment or detail under an interchange program may not exceed four years. Details relating to any matter covered in this chapter may be the subject of an agreement between the sending and receiving agencies. Elected officials may not be assigned from a…

Employees of a sending agency participating in an exchange of personnel as authorized in section 54-51-03 may be considered during such participation to be on detail to regular work assignments of the sending agency.

Employees who are on detail are entitled to the same salary and benefits to which they would otherwise be entitled and shall remain employees of the sending agency for all other purposes except that the supervision of their duties during the period of detail may be governed by ag…

Any employee who participates in an exchange under the terms of this section who suffers disability or death as a result of personal injury arising in the course of an exchange, or sustained in performance of duties in connection therewith, must be treated, for the purposes of th…

A sending agency in this state may, in accordance with the travel regulations of the state, pay the travel expenses of employees assigned to a receiving agency on either a detail or leave basis, but may not pay the travel expenses of such employees incurred in connection with the…

The following provisions control the status of any employees within the state under this chapter: 1. When any unit of government of this state acts as a receiving agency, employees of the sending agency who are assigned under authority of this chapter may be considered to be on d…

A receiving agency in this state may, in accordance with the travel regulations of the state, pay travel expenses of persons assigned thereto under this chapter during the period of such assignments on the same basis as if they were regular employees of the receiving agency.

Each department, agency, or instrumentality of the state which participates in the interchange of employees as provided in this chapter shall annually report the details of the travel expenses of each employee and same must be reported to the office of management and budget.

As used in this chapter, unless the context otherwise requires: 1. "Account balance" means the total contributions made by the employee, vested employer contributions under section 54-52-11.1, the vested portion of the vesting fund as of June 30, 1977, and interest credited there…

All departments, boards, institutions, commissions, or agencies of the state of North Dakota, the Garrison Diversion Conservancy District, district health units, the supreme court, and the district courts, hereinafter referred to as agency, shall participate in a retirement syste…

1. A political subdivision may, on behalf of its permanent employees, on behalf of its peace officers, firefighters, dispatchers, emergency medical services personnel, and correctional officers separately from its other employees, and permanent noncertified employees only in the …

Deleted by R.M. December 5, 1989.

1. Before January 1, 2025, eligible elected officials of participating counties, at their individual option, may enroll in the defined benefit plan within the first six months of their term. 2. After December 31, 2024, eligible elected officials of participating counties, at thei…

1. Nonstate appointed officials of participating employers appointed on or after August 1, 1999, but before January 1, 2025, who meet the participation requirements of this chapter must be enrolled in the defined benefit plan effective within the first month of taking office. 2. …

Notwithstanding any other provision of law, between July 1, 2003, and five p.m. on August 29, 2003, a nonteaching employee of the superintendent of public instruction, including the superintendent of public instruction, who is otherwise eligible to participate in the public emplo…

Notwithstanding any other provision of law, between July 1, 2007, and five p.m. on August 31, 2007, an employee of the state board for career and technical education who is otherwise eligible to participate in the public employees retirement system may file an election with the s…

1. Under this section "eligible employee" means a permanent employee who: a. Meets all the eligibility requirements set by this chapter; b. Is at least eighteen years of age; c. Becomes a participating member after December 31, 2024; and d. Is not eligible to participate in the p…

On their own motion or upon petition by twenty percent of the permanent political subdivision employees or the permanent noncertified employees of any school district, the political subdivision shall authorize and supervise a referendum of the permanent employees employed by that…

After July 1, 1973, any person elected or appointed to the office of judge of the supreme court or judge of the district court for the first time must, from and after the date that person qualifies and takes office, be a participating member of the public employees retirement sys…

1. After December 31, 1999, but before January 1, 2025, an individual elected or appointed to a state office for the first time must, from and after the date that individual qualifies and takes office, be a participating member of the public employees retirement system unless tha…

An individual who terminates participation in the plan may elect to receive a refund of the member's account balance under subsection 7 of section 54-52-17 and thus forfeit all rights under the retirement plan. An individual upon re-employment may elect to repurchase the forfeite…