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SB 2022

AN ACT to provide an appropriation for defraying the expenses of the commission on legal counsel for indigents; to create and enact a new subsection to section 54-44.3-20 of the North Dakota Century Code, relating to categories of positions in the state service; and to provide for a legislative management study.

69th Legislative Assembly (2025-26)

Funds the Commission on Legal Counsel for Indigents for 2025–27, adds attorney category, and studies possible Administrative Agency reorganization under the Commission.

Filed with Secretary Of State 04/22
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Bill Summary · SB 2022

SB 2022 — Summary (Sixty-ninth Legislative Assembly, North Dakota)

Short summary

SB 2022 provides funding for the Commission on Legal Counsel for Indigents for the 2025–2027 biennium, adds a new statutory category for attorneys employed by the commission within the state service classification statute, and directs the Legislative Management to study potential impacts of making the North Dakota Public Defenders Office an administrative agency under the Commission.

Purpose and intent

  • Fund the Commission on Legal Counsel for Indigents to support delivery of legal counsel to indigent defendants.
  • Clarify/state a new category under the state service classification for attorneys employed by the Commission.
  • Require a study of organizational options — specifically, whether the Public Defenders Office should be established as an administrative agency under the Commission — and report recommendations to the next legislature.

Key provisions

  1. Appropriation (biennium July 1, 2025 – June 30, 2027)

    • Total all funds (as presented in the first engrossment with House amendments): $27,153,882.
    • Less other funds: $2,049,216.
    • Total general fund: $25,104,666.
    • Base level for the Commission: $23,022,372; enhancements added to reach the totals above.
    • Full‑time equivalent (FTE) positions: increases from 41.00 (base) to 43.00 (total after enhancements/new FTE pool).

  2. New and vacant FTE pool — limitation and transfer

    • The Commission may not directly spend amounts in the “new and vacant FTE pool” line item.
    • The Commission may request the Office of Management and Budget (OMB) to transfer funds from that line item into the Commission’s operating line item per the guidelines and reporting provisions set in House Bill No. 1015 (as approved by the Sixty‑ninth Assembly).

  3. State service classification

    • Adds a new subsection to NDCC §54‑44.3‑20 specifying “Attorneys employed by the commission on legal counsel for indigents” as a category in the state service classification.

  4. Legislative Management study

    • During the 2025–26 interim, Legislative Management shall consider a study on potential impacts of establishing the North Dakota Public Defenders Office as an administrative agency under the Commission on Legal Counsel for Indigents.
    • Findings, recommendations, and any implementing legislation must be reported to the Seventieth Legislative Assembly.

Who is affected

  • Commission on Legal Counsel for Indigents — funding, staffing, and classification changes.
  • Attorneys employed by the Commission — new categorical placement in the state service statute.
  • North Dakota Public Defenders Office — may be affected if the study recommends organizational change.
  • Office of Management and Budget — handles potential transfers from the new/vacant FTE pool.
  • State budget/general fund — appropriation increases for the 2025–27 biennium.

Timeline & procedural notes

  • Appropriation covers July 1, 2025 – June 30, 2027.
  • Study to be conducted during the 2025–26 interim; report due to the Seventieth Legislative Assembly.
  • The bill status provided: filed with Secretary of State (04/22); introduced March 6, 2025. (Committee and engrossment documents reflect versions/amendments considered in the session.)

Additional observations

  • The bill ties any transfers from the new/vacant FTE pool to existing OMB/HB1015 procedures, signaling oversight and reporting requirements for staffing changes.
  • The study provision does not itself reorganize the Public Defenders Office; it only requires an analysis and recommendations with potential implementing legislation to follow.

Compiled from official sources — confirm details with the bill’s official record.

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