Summary — North Dakota HB 1233
AN ACT to amend and reenact sections 15-10-12.1, 48-01.2-25, 54-16-03, 54-16-04, 54-16-04.1, 54-16-09, and 54-16-13 of the North Dakota Century Code; to repeal sections 54-16-04.2, 54-16-08, and 54-16-11.1; and to provide an appropriation.
Status: Filed with Secretary of State 04/11/2025. Introduced November 12, 2024.
Purpose
- Clarify and modify the statutory powers and procedures of the Emergency Commission and the Budget Section with respect to interim approvals of projects, transfers, and emergency financial actions.
- Update procedural protections and notification requirements when the State Board of Higher Education or other state entities seek budget-section approvals for projects funded by gifts/grants.
- Repeal several existing emergency‑authority provisions and add or revise related statutory language.
- Include an appropriation (amount not specified in the provided text).
Key provisions and changes
- Higher education gifts/grants (NDCC 15-10-12.1)
- Confirms the State Board of Higher Education may accept & authorize campus improvements or maintenance financed by donations/gifts up to $700,000 without Legislative Assembly consent.
- For projects over $700,000, requires legislative consent; when the Legislative Assembly is not in session (with exceptions described below), the Budget Section may authorize such projects.
- Adds requirement that any building project request to the Budget Section include removal of an equivalent-or-greater square-footage building.
- Requires the Legislative Council to notify all legislators of Budget Section meeting dates when such board requests are considered, and allows legislators an opportunity to present testimony.
Limits and scope for changes to public improvements (NDCC 48-01.2-25)
- Reaffirms agencies cannot significantly change or expand a public improvement beyond what the Legislative Assembly approved without Legislative approval.
- During interim periods the Budget Section may approve changes or additional expenditures, except during the six months prior to convening or three months following adjournment of a regular session — unless changes result from an unforeseen emergency.
- Requires compliance with cross-referenced procedural section (54-35-02.9).
Emergency Commission procedures and petitions (NDCC 54-16-03 and related sections)
- Prescribes what a state officer may petition the Emergency Commission to approve during emergencies, including transfers between funds/line items, acceptance/expenditure of special or federal funds, transfers from state contingencies, and recommending full‑time equivalent positions.
- Requires the Emergency Commission secretary to provide copies of petitions to the Office of Management & Budget and Legislative Council; OMB may analyze and prioritize requests.
- Stipulates petitions must be considered by the Emergency Commission and approved/recommended before submission to the Budget Section.
- Amends the Emergency Commission’s authority to transfer funds and spending authority to require advice of OMB and approval by the Budget Section of Legislative Management (NDCC 54-16-04).
Repeals
- Sections 54-16-04.2, 54-16-08, and 54-16-11.1 are repealed (these previously addressed certain emergency commission powers/procedures — the repeal indicates statutory consolidation/clarification).
Appropriation
- The act includes an appropriation tied to its implementation; the provided text does not specify amounts.
Who is affected
- State executive agencies and institutions (particularly higher education institutions) that seek to accept and spend donations, gifts, grants or otherwise change capital projects outside of a legislative session.
- The State Board of Higher Education and individual institutions of higher learning.
- The Emergency Commission, Budget Section, Office of Management & Budget, Legislative Council, and members of the Legislative Assembly (notification/testimony rights).
- Potential contractors and vendors for state campus projects (procedural/approval timelines may change).
Procedural and timing notes
- The Budget Section’s ability to act during interim periods is preserved but limited: it generally may act when the Legislative Assembly is not in session except during the six months preceding a regular session and the three months following adjournment — with a narrowly defined emergency exception.
- Petitions for emergency transfers or authority must be routed first to the Emergency Commission, with OMB and Legislative Council involvement, before Budget Section consideration.
- The act increases legislator notification and opportunity to testify on certain Budget Section actions involving higher education gift-funded projects.
Limitations / missing details
- The enrollment text shows an appropriation is included but the fiscal amount is not provided in the materials supplied.
- The bill repeals several numbered sections; the summary does not enumerate all practical effects of those repeals beyond the general consolidation/clarification of emergency authority.
If you want, I can:
- Produce a redline-style comparison showing exact statutory text changes for each affected section; or
- Draft a plain‑language timeline of approval steps (agency → Emergency Commission → OMB → Budget Section) for emergency petitions.
