WeVote
Log In

Bill

Bill

HB 1233

Eminent domain; defining term; limiting the use of eminent domain; conforming language; effective date.

2025 Regular Session Introduced by Kevin West

The bill lets state agencies and higher education accept or spend gifts for campus projects up to $700,000 without legislative consent, with limited interim approval and added noti

Second Reading referred to Rules
0
WeVote Research Nonpartisan
Bill Summary · HB 1233

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.

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

Sign in to ask a question.