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--- version:Enrollment+++ version:INTRODUCED@@ -1,260 +1,526 @@-Sixty-ninth Legislative Assembly of North Dakota-In Regular Session Commencing Tuesday, January 7, 2025-HOUSE BILL NO. 1233-(Representatives Lefor, Vigesaa)-(Senator Bekkedahl)-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, relating to the powers and duties of-the emergency commission and budget section; to repeal sections 54 -16-04.2, 54-16-08, and-54-16-11.1 of the North Dakota Century Code, relating to the powers and duties of the-emergency commission; and to provide an appropriation.+25.0404.01000+Sixty-ninth+Legislative Assembly+of North Dakota+Introduced by+Representatives Lefor, Vigesaa+Senator Bekkedahl+A BILL for 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, relating to the powers+and duties of the emergency commission and budget section; to repeal sections 54-16-04.2,+54-16-08, and 54-16-11.1 of the North Dakota Century Code, relating to the powers and duties+of the emergency commission; and to provide an appropriation.BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:-SECTION 1. AMENDMENT. Section 15-10-12.1 of the North Dakota Century Code is amended and-reenacted as follows:-15-10-12.1. Acceptance of buildings and campus improvements - Legislative approval.-The state board of higher education may authorize campus improvements and building-maintenance on land under the control of the board which are financed by donations, gifts, grants, and-bequests if the cost of the improvement or building maintenance is not more than seven hundred-thousand dollars. The consent of the legislative assembly is required for construction of any building or-any addition to a building on land under the control of the board which is financed by donations, gifts,-grants, and bequests. The consent of the legislative assembly is required for campus improvements or-building maintenance financed by donations, gifts, grants, and bequests if the cost of the improvements-or maintenance is more than seven hundred thousand dollars. During the time the legislative assembly-is not in session, except for the sixthree months preceding the convening of a regular session and the-three months following the close of a regular session , and unless otherwise restricted by previous-legislative action or other law, the budget section may authorize the use of land under the control of the-board and construct buildings financed by donations, gifts, grants, and bequests and campus-improvements and building maintenance financed by donations, gifts, grants, and bequests if the cost-of the improvement or maintenance is more than seven hundred thousand dollars. Any project request-submitted to the budget section for the construction of a building financed by donations, gifts, grants,-and bequests must include the removal of a building or buildings with an equivalent or greater total-number of square feet compared to the proposed building. The budget section approval must comply-with section 54-35-02.9 and must include a specific dollar limit for each building, campus improvement-project, or maintenance project. The state board of higher education may authorize the sale of any real-property or buildings which an institution of higher learning has received by gift or bequest. The board-shall prescribe such conditions for the sale of the property as it determines necessary. The conditions-must include requiring an appraisal and public auction or advertisement for bids, unless the gift-instrument requires a different process. If the state board of higher education submits a request for-campus improvements, building maintenance, or to construct buildings under this section to the budget-section for approval, the legislative council shall notify each member of the legislative assembly of the-date of the budget section meeting at which the request will be considered and provide a copy of the-meeting agenda to each member of the legislative assembly. The chairman of the budget section shall-allow any member of the legislative assembly an opportunity to present testimony to the budget section-regarding any such request.-SECTION 2. AMENDMENT. Section 48-01.2-25 of the North Dakota Century Code is amended and-reenacted as follows:-H. B. NO. 1233 - PAGE 2-48-01.2-25. Authorization of expansion of public improvements by legislative assembly or-budget section.-Notwithstanding any other provision of law, a state agency or institution may not significantly-change or expand a public improvement beyond what has been approved by the legislative assembly-unless the legislative assembly approves the change or expansion of the project or any additional-expenditure for the project. During the time the legislative assembly is not in session, and unless-otherwise restricted by previous legislative action or other law, the budget section may approve a-change or expansion or any additional expenditure for the project. However, the budget section may not-approve a change, expansion, or additional expenditure for the project during the sixthree months-preceding the convening of a regular session or during the three months following the close of a regular-session except for changes in project scope and related additional expenditures resulting from an-unforeseen emergency event. Any request considered by the budget section must comply with section-54-35-02.9. For the purposes of this section, a significant change or expansion includes the-construction of an addition to a building, including skywalks or other type of enclosed walkway, or any-other substantial increase in the area of the building, but does not include the construction of building+SECTION 1. AMENDMENT. Section 15-10-12.1 of the North Dakota Century Code is+amended and reenacted as follows:+15-10-12.1. Acceptance of buildings and campus improvements - Legislative+approval.+The state board of higher education may authorize campus improvements and building+maintenance on land under the control of the board which are financed by donations, gifts,+grants, and bequests if the cost of the improvement or building maintenance is not more than+seven hundred thousand dollars. The consent of the legislative assembly is required for+construction of any building or any addition to a building on land under the control of the board+which is financed by donations, gifts, grants, and bequests. The consent of the legislative+assembly is required for campus improvements or building maintenance financed by donations,+gifts, grants, and bequests if the cost of the improvements or maintenance is more than seven+hundred thousand dollars. During the time the legislative assembly is not in session, except for+the sixthree months preceding the convening of a regular session and the three months+following the close of a regular session, and unless otherwise restricted by previous legislative+action or other law, the budget section may authorize the use of land under the control of the+board and construct buildings financed by donations, gifts, grants, and bequests and campus+improvements and building maintenance financed by donations, gifts, grants, and bequests if+Page No. 1 25.0404.01000+ HOUSE BILL NO. 1233++1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+Sixty-ninth+Legislative Assembly+the cost of the improvement or maintenance is more than seven hundred thousand dollars. Any+project request submitted to the budget section for the construction of a building financed by+donations, gifts, grants, and bequests must include the removal of a building or buildings with+an equivalent or greater total number of square feet compared to the proposed building. The+budget section approval must comply with section 54-35-02.9 and must include a specific dollar+limit for each building, campus improvement project, or maintenance project. The state board of+higher education may authorize the sale of any real property or buildings which an institution of+higher learning has received by gift or bequest. The board shall prescribe such conditions for+the sale of the property as it determines necessary. The conditions must include requiring an+appraisal and public auction or advertisement for bids, unless the gift instrument requires a+different process. If the state board of higher education submits a request for campus+improvements, building maintenance, or to construct buildings under this section to the budget+section for approval, the legislative council shall notify each member of the legislative assembly+of the date of the budget section meeting at which the request will be considered and provide a+copy of the meeting agenda to each member of the legislative assembly. The chairman of the+budget section shall allow any member of the legislative assembly an opportunity to present+testimony to the budget section regarding any such request.+SECTION 2. AMENDMENT. Section 48-01.2-25 of the North Dakota Century Code is+amended and reenacted as follows:+48-01.2-25. Authorization of expansion of public improvements by legislative+assembly or budget section.+Notwithstanding any other provision of law, a state agency or institution may not+significantly change or expand a public improvement beyond what has been approved by the+legislative assembly unless the legislative assembly approves the change or expansion of the+project or any additional expenditure for the project. During the time the legislative assembly is+not in session, and unless otherwise restricted by previous legislative action or other law, the+budget section may approve a change or expansion or any additional expenditure for the+project. However, the budget section may not approve a change, expansion, or additional+expenditure for the project during the sixthree months preceding the convening of a regular+session or during the three months following the close of a regular session except for changes+in project scope and related additional expenditures resulting from an unforeseen emergency+Page No. 2 25.0404.01000+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+31+Sixty-ninth+Legislative Assembly+event. Any request considered by the budget section must comply with section 54-35-02.9. For+the purposes of this section, a significant change or expansion includes the construction of an+addition to a building, including skywalks or other type of enclosed walkway, or any other+substantial increase in the area of the building, but does not include the construction of buildingentrances and stairwells.-SECTION 3. AMENDMENT. Section 54-16-03 of the North Dakota Century Code is amended and-reenacted as follows:-54-16-03. Unlawful to expend more than appropriated - May secure approval from-commission for use of other funds - Deficit void - Submission of petition to emergency+SECTION 3. AMENDMENT. Section 54-16-03 of the North Dakota Century Code is+amended and reenacted as follows:+54-16-03. Unlawful to expend more than appropriated - May secure approval from+commission for use of other funds - Deficit void - Submission of petition to emergencycommission.-1. A state officer may not expend, or agree or contract to expend, any amount in excess of the-sum appropriated for that expenditure, and may not expend an amount appropriated for any-specific purpose or fund or for any other purpose without prior approval in the form of a-transfer approval or expenditure authorization as provided in this chapter.-2. When an emergency exists, a state officer may submit to the secretary of the emergency-commission an itemized petition requesting approval to:-a. Transfer money and spending authority between funds or line items pursuant to section-54-16-04;+1. A state officer may not expend, or agree or contract to expend, any amount in excess+of the sum appropriated for that expenditure, and may not expend an amount+appropriated for any specific purpose or fund or for any other purpose without prior+approval in the form of a transfer approval or expenditure authorization as provided in+this chapter.+2. When an emergency exists, a state officer may submit to the secretary of the+emergency commission an itemized petition requesting approval to:+a. Transfer money and spending authority between funds or line items pursuant to+section 54-16-04;b. Accept and expendspecial funds or federal funds pursuant to section 54-16-04.1;-c. Accept and expend state contingency funds Transfer appropriation authority from the-state contingencies appropriation pursuant to section 54-16-09; or+c. Accept and expend state contingency fundsTransfer appropriation authority from+the state contingencies appropriation pursuant to section 54-16-09; ord. Accept and expend other funds pursuant to section 54-16-04.2; ore. Recommend full-time equivalent positions pursuant to section 54-16-04.3.-3. The secretary of the emergency commission shall provide a copy of each petition submitted-under this section to the office of management and budget and legislative council . The office-of management and budget may provide an analysis and prioritization of emergency requests-to the emergency commission.-4. Any petition to the emergency commission by a state officer must be considered by the-emergency commission. A petition under this section must be approved or recommended by-the emergency commission before submission for consideration by the budget section.+3. The secretary of the emergency commission shall provide a copy of each petition+submitted under this section to the office of management and budget and legislative+council. The office of management and budget may provide an analysis and+prioritization of emergency requests to the emergency commission.+4. Any petition to the emergency commission by a state officer must be considered by+the emergency commission. A petition under this section must be approved or+Page No. 3 25.0404.01000+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+Sixty-ninth+Legislative Assembly+recommended by the emergency commission before submission for consideration by+the budget section.5. Any debt or deficit created by a state officer in violation of this section is void.-SECTION 4. AMENDMENT. Section 54-16-04 of the North Dakota Century Code is amended and-reenacted as follows:-H. B. NO. 1233 - PAGE 3-54-16-04. May order transfer of moneys between funds - Line item transfers - Order may-draw from state treasuryBudget section approval.-The emergency commission, upon the advice of the office of management and budget and-approval by the budget section of the legislative management , may order money or spending authority-transferred from one fund or line item to another fund or line item belonging to or appropriated for the-same institution or board or the same state enterprise , may order a transfer of spending authority from-the state contingencies appropriation, or, in an extremity, may authorize money to be drawn from the-state treasury to meet the emergency until the legislative assembly can make an appropriation-available. The following transfers, if authorized by the emergency commission, require the approval of-the budget section of the legislative management:-1. A transfer of moneys or spending authority which would eliminate or make impossible the-accomplishment of a program or objective funded by the legislative assembly.-2. A transfer exceeding fifty thousand dollars from one fund or line item to another fund or line-item, unless the transfer is necessary to comply with a court order or to avoid:-a. An imminent threat to the safety of people or property due to a natural disaster or war-crisis; or-b. An imminent financial loss to the state . Any request considered by the budget section-must comply with section 54 - 35 - 02.9. The budget section, when considering requests-under this section, may approve the request in the form received from the emergency-commission or may amend and approve the request. A request amended and approved-by the budget section is deemed to be approved by the emergency commission.-Approval by the budget section is not required if the transfer is necessary to avoid an-imminent threat to the safety of people or property due to a natural disaster or war crisis-or an imminent financial loss to the state.-SECTION 5. AMENDMENT. Section 54-16-04.1 of the North Dakota Century Code is amended and-reenacted as follows:-54-16-04.1. May authorize acceptance and disbursement of special funds or federal funds -+SECTION 4. AMENDMENT. Section 54-16-04 of the North Dakota Century Code is+amended and reenacted as follows:+54-16-04. May order transfer of moneys between funds - Line item transfers - Order+may draw from state treasuryBudget section approval.+The emergency commission, upon the advice of the office of management and budget and+approval by the budget section of the legislative management, may order money or spending+authority transferred from one fund or line item to another fund or line item belonging to or+appropriated for the same institution or board or the same state enterprise, may order a transfer+of spending authority from the state contingencies appropriation, or, in an extremity, may+authorize money to be drawn from the state treasury to meet the emergency until the legislative+assembly can make an appropriation available. The following transfers, if authorized by the+emergency commission, require the approval of the budget section of the legislative+management:+1. A transfer of moneys or spending authority which would eliminate or make impossible+the accomplishment of a program or objective funded by the legislative assembly.+2. A transfer exceeding fifty thousand dollars from one fund or line item to another fund+or line item, unless the transfer is necessary to comply with a court order or to avoid:+a. An imminent threat to the safety of people or property due to a natural disaster or+war crisis; or+b. An imminent financial loss to the state. Any request considered by the budget+section must comply with section 54 - 35 - 02.9. The budget section, when+considering requests under this section, may approve the request in the form+received from the emergency commission or may amend and approve the+request. A request amended and approved by the budget section is deemed to+be approved by the emergency commission. Approval by the budget section is+not required if the transfer is necessary to avoid an imminent threat to the safety+of people or property due to a natural disaster or war crisis or an imminent+financial loss to the state.+Page No. 4 25.0404.01000+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+31+Sixty-ninth+Legislative Assembly+SECTION 5. AMENDMENT. Section 54-16-04.1 of the North Dakota Century Code is+amended and reenacted as follows:+54-16-04.1. May authorize acceptance and disbursement of special funds or federal+funds - Budget section approval.+1. The emergency commission, upon the advice and counsel of the office of+management and budget and approval by the budget section of the legislative+management, may authorize the state treasurer to receive any moneys not+appropriated by the legislative assembly which are made available by any federal+agency anda state officer to accept any special funds or federal funds not appropriated+by the legislative assembly which the legislative assembly has not indicated an intent+to reject.+2. The emergency commission may authorize passthrough federal funds from one state+agency to another state agency. A request to expend federal funds received by a state+agency and passed through to any other state agency may be approved only under+this section.+3. The emergency commission, with approval of the budget section of the legislative+management if the amount under consideration exceeds fifty thousand dollars but+does not exceed three million dollars, may authorize any state officer to receive and+expend federal moneys from the date such moneys become available until June+thirtieth following the next regular legislative session.+4. The emergency commission, with approval of the budget section of the legislative+management if the amount under consideration exceeds three million dollars, may+authorize any state officer to receive and expend federal moneys from the date such+moneys become available until June thirtieth following the next regular legislative+session. The budget section may approve a request under this subsection in the form+received from the emergency commission or may amend and approve a request. A+request amended and approved by the budget section is deemed to be approved by+the emergency commission. Any request considered by the budget section must+comply with section 54-35-02.9.+5. Any special funds or federal funds made available to this state which arehave not+been appropriated by the legislative assembly for a specific purpose or program and+Page No. 5 25.0404.01000+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+31+Sixty-ninth+Legislative Assembly+which are not required to be spent prior to the next regular legislative session, upon+the approval for acceptance by the emergency commission and the budget section of+the legislative management, must be deposited into a separate fund until the+legislative assembly appropriates the funds.+6. a.3. Approval by the budget section of the legislative management is not required+for the acceptance of special funds or federal funds if the acceptance is necessary to+avoid an imminent threat to the safety of people or property due to a natural disaster+or war crisis or an imminent financial loss to the state.+b. Budget section approval is required under this section before the expenditure of+any funds accepted under these conditions.+7. The expenditures must be consistent with state law and with the terms of the grant+and the program may not commit the legislative assembly for matching funds in the+future unless the program has first been approved by the legislative assembly.+8.4. A state officer may not expend funds received from the federal government which+have not been specifically appropriated by the legislative assembly except as provided+in this chapter.+9. A state officer shall submit an expenditure plan with a request for approval under this+section of expenditure of federal funds combined with or as part of a block grant for a+new or existing program.+10. The cumulative amount of requests to expend funds that may be approved each+biennium under this section may not exceed fifty million dollars. Any request received+under this section which, if approved, would result in more than fifty million dollars of+funds being approved for expenditure under this section during the biennium may be+approved only by the legislative assembly during a regular legislative session or during+a special legislative session called by the governor. The director of the office of+management and budget shall notify the members of the legislative assembly of any+requests submitted which, if approved, would exceed the limit under this subsection.+11. Any request received under this section to expend funds received through a federal+act that makes available to the state more than fifty million dollars may be approved+only by the legislative assembly during a regular legislative session or a special+legislative session called by the governor.+Page No. 6 25.0404.01000+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+31+Sixty-ninth+Legislative Assembly+12. Subsections 10 and 11 do not apply to federal highway administration emergency+relief funding received by the state or to disaster or emergency recovery funding+received by the state pursuant to chapter 37-17.1.+SECTION 6. AMENDMENT. Section 54-16-09 of the North Dakota Century Code is+amended and reenacted as follows:+54-16-09. Transfer of spending authority from state contingencies appropriation -Budget section approval.-1. The emergency commission, upon the advice and counsel of the office of management and-budget and approval by the budget section of the legislative management , may authorize the-state treasurer to receive any moneys not appropriated by the legislative assembly which are-made available by any federal agency anda state officer to accept any special funds or federal-funds not appropriated by the legislative assembly which the legislative assembly has not-indicated an intent to reject.-2. The emergency commission may authorize passthrough federal funds from one state agency-to another state agency. A request to expend federal funds received by a state agency and-passed through to any other state agency may be approved only under this section.-3. The emergency commission, with approval of the budget section of the legislative-management if the amount under consideration exceeds fifty thousand dollars but does not-exceed three million dollars, may authorize any state officer to receive and expend federal-moneys from the date such moneys become available until June thirtieth following the next-regular legislative session.-4. The emergency commission, with approval of the budget section of the legislative-management if the amount under consideration exceeds three million dollars, may authorize-any state officer to receive and expend federal moneys from the date such moneys become-available until June thirtieth following the next regular legislative session. The budget section-may approve a request under this subsection in the form received from the emergency-H. B. NO. 1233 - PAGE 4-commission or may amend and approve a request. A request amended and approved by the-budget section is deemed to be approved by the emergency commission. Any request-considered by the budget section must comply with section 54-35-02.9.-5. Any special funds or federal funds made available to this state which arehave not been-appropriated by the legislative assembly for a specific purpose or program and which are not-required to be spent prior to the next regular legislative session, upon the approval for-acceptance by the emergency commission and the budget section of the legislative-management, must be deposited into a separate fund until the legislative assembly-appropriates the funds.-6.a.3. Approval by the budget section of the legislative management is not required for the-acceptance of special funds or federal funds if the acceptance is necessary to avoid an-imminent threat to the safety of people or property due to a natural disaster or war crisis or an-imminent financial loss to the state.-b. Budget section approval is required under this section before the expenditure of any-funds accepted under these conditions.-7. The expenditures must be consistent with state law and with the terms of the grant and the-program may not commit the legislative assembly for matching funds in the future unless the-program has first been approved by the legislative assembly.-8.4. A state officer may not expend funds received from the federal government which have not-been specifically appropriated by the legislative assembly except as provided in this chapter.-9. A state officer shall submit an expenditure plan with a request for approval under this section-of expenditure of federal funds combined with or as part of a block grant for a new or existing-program.-10. The cumulative amount of requests to expend funds that may be approved each biennium-under this section may not exceed fifty million dollars. Any request received under this section-which, if approved, would result in more than fifty million dollars of funds being approved for-expenditure under this section during the biennium may be approved only by the legislative-assembly during a regular legislative session or during a special legislative session called by-the governor. The director of the office of management and budget shall notify the members of-the legislative assembly of any requests submitted which, if approved, would exceed the limit-under this subsection.-11. Any request received under this section to expend funds received through a federal act that-makes available to the state more than fifty million dollars may be approved only by the-legislative assembly during a regular legislative session or a special legislative session called-by the governor.-12. Subsections 10 and 11 do not apply to federal highway administration emergency relief-funding received by the state or to disaster or emergency recovery funding received by the-state pursuant to chapter 37-17.1.-SECTION 6. AMENDMENT. Section 54-16-09 of the North Dakota Century Code is amended and-reenacted as follows:-54-16-09. Transfer of spending authority from state contingencies appropriation - Budget-section approval.-The emergency commission, upon the advice of the office of management and budget, may order a-transfer of spending authority from the state contingencies appropriation, which must be deducted from-the state contingencies line item in the appropriation to the office of management and budget and-added to the appropriate line item in the appropriation of the state officer who requested the transfer.-H. B. NO. 1233 - PAGE 5-The emergency commission, with approval of the budget section of the legislative management if the-amount under consideration exceeds fifty thousand dollars, shall certify, by an approved motion-recorded in its minutes, that the material, services, or purposes for which the authority was transferred-are necessary and proper expenditures and, if an appropriation for that purpose was made by the-legislative assembly, that the appropriation for that purpose is insufficient. Approval by the budget-section of the legislative management is not required if the transfer is necessary to avoid an imminent-threat to the safety of people or property due to a natural disaster or war crisis or an imminent financial-loss to the state.-1. The emergency commission, upon the advice and counsel of the office of management and-budget and approval by the budget section of the legislative management, may order a-transfer of general fund, special funds, or federal funds appropriation authority from the state-contingencies appropriation, which must be deducted from the state contingencies-appropriation to the office of management and budget and added to the appropriate line item-in the appropriation of the state officer approved for the transfer.-2. Any request considered by the budget section must comply with section 54 - 35 - 02.9. The-budget section, when considering requests under this section, may approve the request in the-form received from the emergency commission or may amend and approve the request. A-request amended and approved by the budget section is deemed to be approved by the-emergency commission.-3. Approval by the budget section is not required if the transfer of appropriation authority is-necessary to avoid an imminent threat to the safety of people or property due to a natural-disaster or war crisis or an imminent financial loss to the state.-SECTION 7. AMENDMENT. Section 54-16-13 of the North Dakota Century Code is amended and-reenacted as follows:+The emergency commission, upon the advice of the office of management and budget, may+order a transfer of spending authority from the state contingencies appropriation, which must be+deducted from the state contingencies line item in the appropriation to the office of management+and budget and added to the appropriate line item in the appropriation of the state officer who+requested the transfer. The emergency commission, with approval of the budget section of the+legislative management if the amount under consideration exceeds fifty thousand dollars, shall+certify, by an approved motion recorded in its minutes, that the material, services, or purposes+for which the authority was transferred are necessary and proper expenditures and, if an+appropriation for that purpose was made by the legislative assembly, that the appropriation for+that purpose is insufficient. Approval by the budget section of the legislative management is not+required if the transfer is necessary to avoid an imminent threat to the safety of people or+property due to a natural disaster or war crisis or an imminent financial loss to the state.+1. The emergency commission, upon the advice and counsel of the office of+management and budget and approval by the budget section of the legislative+management, may order a transfer of general fund, special funds, or federal funds+appropriation authority from the state contingencies appropriation, which must be+deducted from the state contingencies appropriation to the office of management and+budget and added to the appropriate line item in the appropriation of the state officer+approved for the transfer.+2. Any request considered by the budget section must comply with section 54 - 35 - 02.9.+The budget section, when considering requests under this section, may approve the+request in the form received from the emergency commission or may amend and+approve the request. A request amended and approved by the budget section is+deemed to be approved by the emergency commission.+Page No. 7 25.0404.01000+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+31+Sixty-ninth+Legislative Assembly+3. Approval by the budget section is not required if the transfer of appropriation authority+is necessary to avoid an imminent threat to the safety of people or property due to a+natural disaster or war crisis or an imminent financial loss to the state.+SECTION 7. AMENDMENT. Section 54-16-13 of the North Dakota Century Code is+amended and reenacted as follows:54-16-13. Authority to borrow funds for a disaster - Continuing appropriation.-Any board, agency, commission, or officer of the state, subject to the approval of the emergency-commission and the budget section of the legislative management , may borrow moneys from the Bank-of North Dakota for the purpose of responding to a disaster within the state as declared by the governor-pursuant to chapter 37-17.1. The amount of moneys borrowed is limited to the amount of any estimated-federal reimbursement for repair, recovery, or response relating to a disaster within the state, unless the-state contingencies appropriation is inadequate to pay the estimated state share of the costs, then-moneys may be borrowed up to one hundred percent of the costs incurred by the agency. Any interest-payments on the funds borrowed must be paid from funds availabletransferred to the agency from the-state contingencies appropriation as authorized by the emergency commission or other funds as-authorized by the emergency commission and budget section. Any moneys borrowed from the Bank of-North Dakota pursuant to this section are hereby appropriated and may be spent by the board, agency,-commission, or officer of this state for the repair, recovery, or response relating to a disaster within the-state. If it appears to the borrower that at the end of the biennium the amount available to repay the-amount borrowed plus interest is insufficient to totally repay the Bank of North Dakota, the borrower-shall request from the legislative assembly a deficiency appropriation sufficient for the repayment of the-amount borrowed plus interest.-SECTION 8. REPEAL. Sections 54-16-04.2, 54-16-08, and 54-16-11.1 of the North Dakota Century-Code are repealed.-SECTION 9. APPROPRIATION. The funds appropriated in this section, or so much of the funds as-may be necessary, are appropriated out of any moneys in the general fund in the state treasury, and-from other funds derived from special funds and federal funds, to the office of management and budget-for the purpose of making funds available to the emergency commission for state contingencies, for the-biennium beginning July 1, 2025, and ending June 30, 2027, as follows:-H. B. NO. 1233 - PAGE 6+Any board, agency, commission, or officer of the state, subject to the approval of the+emergency commission and the budget section of the legislative management, may borrow+moneys from the Bank of North Dakota for the purpose of responding to a disaster within the+state as declared by the governor pursuant to chapter 37-17.1. The amount of moneys+borrowed is limited to the amount of any estimated federal reimbursement for repair, recovery,+or response relating to a disaster within the state, unless the state contingencies appropriation+is inadequate to pay the estimated state share of the costs, then moneys may be borrowed up+to one hundred percent of the costs incurred by the agency. Any interest payments on the funds+borrowed must be paid from funds availabletransferred to the agency from the state+contingencies appropriation as authorized by the emergency commission or other funds as+authorized by the emergency commissionand budget section. Any moneys borrowed from the+Bank of North Dakota pursuant to this section are hereby appropriated and may be spent by the+board, agency, commission, or officer of this state for the repair, recovery, or response relating+to a disaster within the state. If it appears to the borrower that at the end of the biennium the+amount available to repay the amount borrowed plus interest is insufficient to totally repay the+Bank of North Dakota, the borrower shall request from the legislative assembly a deficiency+appropriation sufficient for the repayment of the amount borrowed plus interest.+SECTION 8. REPEAL. Sections 54-16-04.2, 54-16-08, and 54-16-11.1 of the North Dakota+Century Code are repealed.+SECTION 9. APPROPRIATION. The funds appropriated in this section, or so much of the+funds as may be necessary, are appropriated out of any moneys in the general fund in the state+treasury, and from other funds derived from special funds and federal funds, to the office of+management and budget for the purpose of making funds available to the emergency+commission for state contingencies, for the biennium beginning July 1, 2025, and ending+June 30, 2027, as follows:+Page No. 8 25.0404.01000+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+31+Sixty-ninth+Legislative AssemblyState contingencies - General fund $750,000State contingencies - Special funds 20,000,000State contingencies - Federal funds 50,000,000Total all funds $70,750,000Less other funds 70,000,000Total general fund $750,000-H. B. NO. 1233 - PAGE 7-____________________________ ____________________________-Speaker of the House President of the Senate-____________________________ ____________________________-Chief Clerk of the House Secretary of the Senate-This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative-Assembly of North Dakota and is known on the records of that body as House Bill No. 1233.-House Vote: Yeas 91 Nays 0 Absent 3-Senate Vote: Yeas 45 Nays 1 Absent 1-____________________________-Chief Clerk of the House-Received by the Governor at ________M. on _____________________________________, 2025.-Approved at ________M. on __________________________________________________, 2025.-____________________________-Governor-Filed in this office this ___________day of _______________________________________, 2025,-at ________ o’clock ________M.-____________________________-Secretary of State+Page No. 9 25.0404.01000+1+2+3+4+5+6
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