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Bill Summary · HB 1073

HB 1073 — North Dakota (Sixty‑ninth Legislative Assembly)

Amends NDCC §§ 37‑17.1‑22, 37‑17.1‑23, and 37‑17.1‑27 — disaster/emergency response funding and the State Disaster Relief Fund

Main purpose

To clarify authority, funding mechanisms, and oversight for state disaster or emergency response and recovery by (1) describing how state response/recovery costs are recorded and certified, (2) authorizing the Office of the Adjutant General to borrow from the Bank of North Dakota to match federal disaster funds, and (3) defining uses and pre‑expenditure notice requirements for the State Disaster Relief Fund.

Key provisions

  • Section 37‑17.1‑22 (Disaster or emergency response and recovery costs)

    • Directs the Division of Homeland Security director to determine and record state response/recovery costs in accordance with federal agreements or governor‑established procedures.
    • Allows the governor to apply to the State Emergency Commission for a grant equal to certified state response/recovery costs, payable from the State Disaster Relief Fund or other commission‑approved funds.
    • Provides that receipt of the governor’s application creates a conclusive presumption that a disaster or emergency exists and authorizes the commission to grant and transfer up to the certified amount.

  • Section 37‑17.1‑23 (Disaster recovery funding — loan authorization)

    • Authorizes, with Emergency Commission approval, the Office of the Adjutant General (OAG) to borrow from the Bank of North Dakota to match federal Stafford Act funds; interest set equal to other state agency borrowings.
    • Requires OAG to submit, after a presidential major disaster declaration, requests to the Emergency Commission for: (a) approval to apply for a Bank loan; (b) approval for additional personnel; and (c) authority to spend additional state/federal funds including available Disaster Relief Fund moneys.
    • OAG must report progress to the Emergency Commission, is responsible for loan repayment (including interest), and must seek a deficiency appropriation from the Legislative Assembly if a loan balance remains at the end of the biennium.

  • Section 37‑17.1‑27 (State Disaster Relief Fund — creation and uses)

    • Creates the State Disaster Relief Fund in the state treasury.
    • Funds are to be used—subject to legislative appropriation—for required state cost‑shares, administration of emergency response operations (Dept. of Emergency Services), state disaster declarations, FEMA disaster response/recovery/mitigation grants, and reimbursements under § 37‑17.1‑28.
    • Interest/earnings must be deposited into the fund.
    • Before any expenditure, the spending agency must provide the appropriation committees (or the Budget Section if the Legislature is not in session) with purpose and payee information.

Who is affected

  • State entities: Office of the Adjutant General, Division of Homeland Security, Department of Emergency Services, State Emergency Commission, Office of Management & Budget.
  • Bank of North Dakota (as lender); Legislature and appropriation committees (oversight and potential deficiency appropriations).
  • Counties/municipalities and individuals receiving disaster assistance (indirectly) via state matching/granting and recovery programs.
  • State budget/treasury (potential borrowing, transfers, and appropriation impacts).

Procedural / timeline notes

  • Bill introduced by the Government and Veterans Affairs Committee at the request of the Adjutant General (introduced Nov 12, 2024 per provided record).
  • Enrollment records show House passage (Yeas 73, Nays 20) and Senate passage (Yeas 45, Nays 1). Current status per summary data: filed with the Secretary of State on April 11.
  • No statutory effective date is specified in the provided excerpt; implementation depends on enactment and any effective date the Legislature or governor sets.

Potential impacts / considerations

  • Streamlines and clarifies the process for certifying and accessing state disaster funds and matching federal disaster assistance, which may speed recovery operations.
  • Authorizing borrowing to match federal funds can accelerate post‑disaster responses but creates a repayment obligation for the OAG and potential pressure for deficiency appropriations.
  • The pre‑expenditure notice to legislative appropriation committees increases legislative oversight of Disaster Relief Fund spending.

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

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