# Title 54 — State Government

## Chapter 54-12 — Attorney General

### § 54-12-01. Attorney general - Duties.

(Retroactive application - See note)
The attorney general shall:
1. Appear for and represent the state before the supreme court in all cases in which the
state is interested as a party.
2. Institute and prosecute all actions and proceedings in favor or for the use of the state
which may be necessary in the execution of the duties of any state officer.
3. Appear and defend all actions and proceedings against any state officer in the attorney
general's official capacity in any of the courts of this state or of the United States. If
both parties to an action are state officers, the attorney general may determine which
officer the attorney general will represent and the other officer may employ counsel to
represent that other officer.
4. Consult with and advise the several state's attorneys in matters relating to the duties of
their office.
5. Attend the trial of any party accused of crime and assist in the prosecution when in the
attorney general's judgment the interests of the state require it.
6. Consult with and advise the governor and all other state officers and when requested
give written opinions on all legal or constitutional questions relating to the duties of
such officers respectively.
7. Prepare, when necessary, proper drafts for contracts and other writings relating to
subjects in which the state is interested.
8. a. Give written opinions, when requested by a member of the legislative assembly,
upon legal questions unless the request:
(1) Requires the attorney general to make a factual determination;
(2) Involves the constitutionality of a statute;
(3) Concerns the internal operation or management of the judicial branch of
government;
(4) Is likely to be or presently is pending before a court or a court has ruled on
the issue;
(5) Provides private legal advice; or
(6) Involves matters regarding whether a criminal offense has occurred.
b. If the attorney general declines to issue an opinion for a reason in subdivision a,
the attorney general shall inform the individual who requested the opinion in a
written response within sixty days of the request.
9. Enforce the proper application of funds appropriated to the public institutions of the
state and prosecute breaches of trust in the administration of such funds.
10. Prosecute corporations and limited liability companies, when necessary, for failure or
refusal to make the reports required by law.
11. Keep in proper books a register of all cases prosecuted or defended by the attorney
general or the attorney general's assistants, in behalf of this state or its officers, and of
all proceedings had in relation thereto, including a record of all actions wherein the
state is a party, or is interested, prosecuted by the state's attorneys of the several
counties and reported to the attorney general as provided by law, and deliver the same
to the attorney general's successor in office.
12. Keep in the attorney general's office a book in which the attorney general shall record
all the official opinions given by the attorney general during the attorney general's term
of office, such book to be delivered by the attorney general to the attorney general's
successor in office.
13. Pay into the state treasury all moneys received by the attorney general for the use of
the state.
14. Serve as superintendent of the bureau of criminal investigation and perform all duties
incident to the proper and efficient conduct of that office.
15. Attend to and perform any other duties which from time to time may be required by
law.

16. Give written opinions, when requested by the governing body or city attorney of a city
in the state of North Dakota.
17. Repealed by S.L. 1991, ch. 637, § 9.
18. Give written opinions to public entities as defined in subdivision a or b of subsection 13
of section 44-04-17.1, when requested by an interested person under section
44-04-21.1.
### § 54-12-01.1. Attorney general to publish eminent domain information.

The attorney general, with the cooperation of appropriate state agencies, shall publish
online information describing the eminent domain laws of this state. The information must
include the reasons for condemnation, the procedures followed by condemnors as defined by
section 32-15-01, how citizens may influence the condemnation process, and the rights of
property owners and citizens affected by condemnation. A condemnor shall notify a property
owner of the available online information before making an offer to purchase and initiating a
condemnation action.
### § 54-12-01.2. Regulation of gaming schools.

Repealed by S.L. 2011, ch. 397, § 1.
### § 54-12-01.3. Judicial officers - Legal defense - Indemnification.

The attorney general shall appear and defend any supreme court justice, supreme court
surrogate justice, district court judge, district court surrogate judge, judicial referee, or director of
juvenile court of this state in any action founded upon an act or omission arising out of
performance of an official duty. If the attorney general determines that the attorney general or an
assistant attorney general is unable to defend the judicial officer, the attorney general shall
employ a special assistant attorney general to represent the judicial officer. The state shall
indemnify the supreme court justice, supreme court surrogate justice, district court judge, district
court surrogate judge, judicial referee, or director of juvenile court of this state for all reasonable
costs, including attorney's fees, incurred by or awarded against the judicial officer in the action.
### § 54-12-01.4. Limitation of effect of certain opinions of attorney general.

Any opinion of the attorney general, or any other public official other than a court of
competent jurisdiction, that sections 16.1-01-13, 16.1-01-13.1, and 16.1-01-14 are
unconstitutional, is not binding on any other public official, and all other public officials are free
to act in accordance with the wishes of the people of North Dakota as expressed in sections
16.1-01-13, 16.1-01-13.1, and 16.1-01-14.
### § 54-12-02. Attorney general may institute action in which state is a party.

The attorney general and the attorney general's assistants are authorized to institute and
prosecute all cases in which the state is a party, whenever in their judgment it would be for the
best interests of the state so to do.
### § 54-12-03. Attorney general may make investigation in county - How expenses paid.

The attorney general may make an investigation in any county in this state to the end that
the laws of the state shall be enforced therein and all violators thereof brought to trial, when:
1. The attorney general deems it necessary for the successful enforcement of the laws of
the state in such county;
2. Requested by a majority of the members of the board of county commissioners of the
county; or
3. Petitioned by twenty-five taxpaying citizens of the county.
The necessary expenses incurred in making the investigation or in prosecuting any resulting
case, as determined by the attorney general and not otherwise specifically provided by law,
must be paid by the county out of the state's attorney's contingent fund. All such expenses paid
from the state's attorney's contingent fund must be paid by the county treasurer upon the

warrant of the county auditor. The warrant must be executed and delivered by the auditor in an
amount and to the person designated therein upon the written order of the attorney general.
### § 54-12-04. Attorney general to investigate and prosecute criminal matters in counties

on demand of district judge - How expenses paid.
Upon the written demand of a judge of the district court, with or without the consent and
approval of the state's attorney of the county wherein such duties are to be performed, the
attorney general, either personally or through the attorney general's assistants, shall be required
to make a full and complete investigation of any criminal matter or complaint referred to in the
demand. The attorney general shall take full charge of and shall conduct any criminal
prosecution in any county within the district of said district judge to the same effect and with like
power and authority as the duly elected state's attorney of that county. All expenses, including
mileage as now provided by law for state officers, and disbursements for subsistence while
performing those duties incurred by the attorney general, must be paid and allowed by the
county in which the said duties were performed in the manner in which claims against the
county are allowed and paid, after an itemized statement thereof has been approved by the
judge who requested that the same be performed.
### § 54-12-04.1. Attorney general to make investigation on Indian reservation - Expenses.

The attorney general may make a full and complete investigation of any complaint alleging
the deprivation of any constitutional, civil, or legal right of an individual residing on an Indian
reservation upon the written request of the state's attorney of the county of residence of the
aggrieved individual. The attorney general may conduct and take full charge of any criminal
prosecution that results from the investigation. The necessary expenses incurred in making the
investigation or in prosecuting any resulting case, as determined by the attorney general, must
be allowed and paid by the county in which the investigation was requested in the same manner
in which claims against the county are allowed and paid.
### § 54-12-04.2. Child sexual abuse investigation and prosecution.

The child sexual abuse investigation and prosecution team consists of an assistant attorney
general and an agent of the state bureau of criminal investigation. On request of any state's
attorney, the team shall assist, within the limits of legislative appropriation and available staff
resources, with the investigation and prosecution of child sexual abuse cases.
### § 54-12-05. Biennial report.

1. The attorney general shall submit a biennial report to the governor and the secretary of
state in accordance with section 54-06-04. The report must provide:
a. A summary of the types of actions prosecuted or defended by the attorney
general on behalf of the state.
b. The aggregate cost of prosecuting or defending actions on behalf of the state.
c. The amount of fines and penalties collected.
2. The attorney general also shall direct attention to any defect in the practical operations
of the law relating to revenue and criminal offenses and shall suggest amendments
and changes as in the attorney general's judgment are necessary to subserve the
public interest.
### § 54-12-06. Assistant attorneys general - Attorney general may appoint.

The attorney general may appoint assistant attorneys general whose appointment must be
in writing and filed in the office of the secretary of state.
### § 54-12-07. Salary of assistant attorneys general.

The salary of the assistant attorneys general must be within the amount appropriated for
salaries by the legislative assembly and are payable in the same manner as other departmental
payrolls.

### § 54-12-08. Assistant and special assistant attorneys general - Appointment -

Revocation - Compensation.
1. After consultation with the head of the state department or institution or with the state
board, commission, committee, or agency affected, the attorney general may appoint
assistant or special assistant attorneys general to represent the state board,
commission, committee, or agency. A state officer, head of any state department,
whether elected or appointed, or state department, board, commission, committee, or
agency may not employ legal counsel, and a person may not act as legal counsel in
any matter, action, or proceeding in which the state or any state department, board,
commission, committee, or agency is interested or is a party, except upon written
appointment by the attorney general. Workforce safety and insurance, the department
of transportation, the state tax commissioner, the public service commission, the
insurance commissioner, the agriculture commissioner, and the department of water
resources may employ attorneys to represent them. These entities shall pay the
salaries and expenses of the attorneys they employ within the limits of legislative
appropriations. The attorneys that represent these entities must be special assistant
attorneys general appointed by the attorney general pursuant to this section. Absent
good cause, the attorney general shall appoint as special assistant attorneys general
licensed attorneys selected by these entities. The attorney general may revoke the
appointment only for good cause or upon the request of the entity. Good cause means
an inadequate level of experience, competence, or ethical standards.
2. The powers conferred upon special assistant attorneys general are the same as are
exercised by the regular assistant attorneys general, unless the powers are limited
specifically by the terms of the appointment. Except as otherwise provided by this
section, an appointment is revocable at the pleasure of the attorney general. The
appointment may be made with or without compensation, and when compensation is
allowed by the attorney general for services performed, the compensation must be
paid out of the funds appropriated therefor.
3. The attorney general may require payment for legal services rendered by any
assistant or special assistant attorney general to any state official, board, department,
agency, or commission and those entities shall make the required payment to the
attorney general. Moneys received by the attorney general in payment for legal
services rendered must be deposited into the attorney general's operating fund.
General fund moneys may not be utilized for the payment of legal services provided by
the attorneys employed by the attorney general, except for those payments required of
the department of health and human services, department of environmental quality,
and the state hospital.
4. An assistant or special assistant attorney general appointed to represent the state
board of higher education or an institution under the control of the state board of
higher education may access and examine any record under the control of the state
board of higher education. For purposes of reviewing records under the Family
Educational Rights and Privacy Act [20 U.S.C. 1232g; 34 CFR 99] or any other federal
privacy law, the assistant or special assistant attorney general is considered a state
educational official authorized to access student records.
### § 54-12-08.1. Contingent fee arrangements.

The attorney general may not appoint or allow to be employed a special assistant attorney
general in a civil case in which the amount in controversy exceeds one million dollars and the
special assistant attorney general is compensated by a contingent fee arrangement, unless the
contingent fee arrangement is approved by the emergency commission. A state governmental
entity may not contract for legal services that are compensated by a contingent fee
arrangement, unless the entity receives an appointment from the attorney general for a special
assistant attorney general for each case in which there is a contingent fee arrangement. Any
proceeding or information used by the emergency commission under this section is not subject
to sections 44-04-18 and 44-04-19, unless made public by order of the emergency commission.

### § 54-12-09. Assistant attorney general for board of university and school lands -

Appointment - Revocation - Oath.
The attorney general shall appoint an assistant attorney general to act under the direction
and supervision of the attorney general as attorney for the board of university and school lands.
The appointment is revocable at the pleasure of the attorney general. Such assistant attorney
general upon appointment and before assuming the person's duties shall take the oath
prescribed for civil officers.
### § 54-12-09.1. Salary of assistant attorney general for board of university and school

lands.
Repealed by S.L. 1953, ch. 306, § 1.
### § 54-12-10. Assistant attorney general for board of university and school lands -

Execution of certificates and documents.
All certificates and documents executed, signed, or certified to by the assistant attorney
general appointed to act as attorney for the board of university and school lands, must be
executed, signed, or certified to in substantially the following form:
______________________________
Attorney General
By____________________________
Assistant Attorney General
### § 54-12-11. Salary of attorney general.

The annual salary of the attorney general is one hundred ninety-two thousand seventy-nine
dollars through June 30, 2026, and one hundred ninety-seven thousand eight hundred forty-one
dollars thereafter.
### § 54-12-12. Licensing department - Inspectors - Powers and duties.

Repealed by S.L. 1967, ch. 116, § 2.
### § 54-12-13. Special assistant attorneys general report of salaries and expenses.

All departments that pay salaries or expenses of special assistant attorneys general shall
report all such expenditures monthly to the attorney general upon such forms as must be
prescribed by the attorney general. And all such salaries and expenses must be approved by
the attorney general.
### § 54-12-14. Assets forfeiture fund - Created - Purpose - Continuing appropriation.

1. The attorney general assets forfeiture fund consists of funds appropriated by the
legislative assembly and additional funds obtained from moneys, assets, and proceeds
seized and forfeited pursuant to section 19-03.1-36, amounts received through court
proceedings as restitution, amounts remaining from the forfeiture of property after the
payment of expenses for forfeiture and sale authorized by law, and amounts received
from a multijurisdictional drug task force as defined in section 54-12-26. The amount of
deposits into the fund which do not come from legislative appropriation or from a
multijurisdictional drug task force and are not payable to another governmental entity
may not exceed two hundred thousand dollars within a biennium and any moneys in
excess of that amount must be deposited in the general fund. The funds are
appropriated, as a standing and continuing appropriation, to the attorney general for
the following purposes:
a. For obtaining evidence for enforcement of any state criminal law or law relating to
the control of drug abuse.
b. For repayment of rewards to qualified local programs approved under section
12.1-32-02.2, if the information that was reported to the qualified local program
substantially contributed to forfeiture of the asset, and for paying, at the discretion

of the attorney general, rewards for other information or assistance leading to a
forfeiture under section 19-03.1-36.
c. For paying, at the discretion of the attorney general, any expenses necessary to
seize, detain, inventory, safeguard, maintain, advertise, or sell property seized,
detained, or forfeited pursuant to section 19-03.1-36, or of any other necessary
expenses incident to the seizure, detention, or forfeiture of such property.
d. For equipping, for law enforcement functions, forfeited vessels, vehicles, and
aircraft retained as provided by law for official use by the state board of pharmacy
or a law enforcement agency.
e. For paying, at the discretion of the attorney general, overtime compensation to
agents of the bureau of criminal investigation incurred as a result of investigations
of violations of any state criminal law or law relating to the control of drug abuse.
f. For paying matching funds required to be paid as a condition for receipt of funds
from a federal government program awarding monetary grants or assistance for
the investigation, apprehension, or prosecution of persons violating the provisions
of chapter 19-03.1.
2. The attorney general shall, with the concurrence of the director of the office of
management and budget, establish the necessary accounting procedures for the use
of the fund, and shall personally approve, in writing, all requests from the director of
the bureau of criminal investigation or the director of the drug enforcement unit for the
use of the fund.
3. Notwithstanding subsection 1, the amount of deposits into the fund related to human
trafficking are appropriated, as a standing and continuing appropriation, to the attorney
general for awarding grants to organizations providing prevention and treatment
services for human trafficking victims.
### § 54-12-14.1. Loans for law enforcement activities.

The attorney general may obtain unsecured loans from any financial institution in this state
for the purpose of conducting the activities listed in subdivision a of subsection 1 of section
### § 54-12-14. Any funds obtained under this section must be repaid at the end of each biennium

and are not subject to appropriation limitations.
### § 54-12-15. Drug enforcement unit - Personnel - Duties.

Repealed by S.L. 2009, ch. 125, § 4.
### § 54-12-16. Powers of drug enforcement unit personnel.

Repealed by S.L. 2009, ch. 125, § 4.
### § 54-12-17. Consumer protection and antitrust division.

A consumer protection and antitrust division is created under the attorney general. This
division consists of a director and such other personnel as may be appointed by the attorney
general. The division shall act to enforce the consumer fraud laws and act with regard to the use
or employment by any person of any deceptive act or practice, fraud, false pretense, false
promise, or misrepresentation with the intent that others rely thereon in connection with the sale
or advertisement of any merchandise, whether or not any person has in fact been misled,
deceived, or damaged thereby, and shall make full investigation of such activities and maintain
adequate facilities for filing reports, examining persons and merchandise in regard thereto, and
storing impounded books, records, accounts, papers, and samples of merchandise relating to
same. The division shall cooperate with other governmental agencies, national, state, or local,
and with all peace officers of the state in regard thereto. The division also shall investigate
antitrust violations and enforce antitrust laws.
### § 54-12-18. Special fund established - Continuing appropriation.

A special fund is established in the state treasury and designated as the attorney general
refund fund. The attorney general shall deposit all moneys recovered by the consumer

protection division for refunds to consumers in cases where persons or parties are found to
have violated the consumer fraud laws, all costs, expenses, attorney's fees, and civil penalties
collected by the division regarding any consumer protection or antitrust matter, all cash deposit
bonds paid by applicants for a transient merchant's license who do not provide a surety bond,
and all funds and fees collected by the gaming section for licensing tribal gaming and for the
investigation of gaming employees, applicants, organizations, manufacturers, distributors, or
tribes involved in state or tribal gaming. The moneys in the fund are appropriated, as necessary,
for the following purposes:
1. To provide refunds of moneys recovered by the consumer protection and antitrust
division on behalf of specifically named consumers;
2. To pay valid claims against cash deposit bonds posted by transient merchant
licensees;
3. To refund, upon expiration of the two-year period after the expiration of the transient
merchant's license, the balance of any cash deposit bond remaining after the payment
of valid claims;
4. To pay costs, expenses, and attorney's fees and salaries incurred in the operation of
the consumer protection division; and
5. To pay the actual costs of background investigations, licensing, and enforcement of
gaming in the state or pursuant to Indian gaming compacts.
At the end of each biennium any moneys in the fund in excess of the amounts required for
subsections 1, 2, 3, and 5 must be deposited in the general fund. The attorney general, with the
concurrence of the director of the office of management and budget, shall establish the
necessary accounting procedures for use of the attorney general refund fund, particularly with
respect to expenditures under subsection 4.
### § 54-12-19. Block house defined.

Repealed by S.L. 2007, ch. 75, § 4.
### § 54-12-20. Block house program.

Repealed by S.L. 2007, ch. 75, § 4.
### § 54-12-21. Recovery of funds - Limitations.

All funds recovered by the attorney general as a result of negotiated settlements or court
proceedings must be deposited in a special fund in the state treasury and may be appropriated
only by the legislative assembly, except when:
1. A specific fund or special account is otherwise designated by law; or
2. The options open to the attorney general leave no choice as to the disposition of the
proceeds if the state is to recover funds in a multistate settlement.
### § 54-12-22. Accessibility of sexual offender and crimes against children registration

information.
The attorney general shall provide to a law enforcement dispatch center access to
registration information on individuals required to register under section 12.1-32-15 through any
feasible electronic means that includes direct access to a computerized registration information
database. The attorney general shall provide the information in a form that is referenced by
driver's license number or number plate characters. The department of transportation shall
provide the necessary information to the attorney general in any feasible form requested by the
attorney general. The attorney general may require the cooperation of the state emergency
communications center broadcasting system to provide the access required by this section.
### § 54-12-23. Special operations team reimbursement fund - Continuing appropriation.

The attorney general may establish a special operations team reimbursement fund of up to
two hundred fifty thousand dollars consisting of federal funds and moneys obtained from cities
and counties. The funds are appropriated as a standing and continuing appropriation to the
attorney general for reimbursement to city and county governments that provide special

operations team services to rural areas. The attorney general shall develop guidelines for the
reimbursement of expenses to city and county governments providing special operations team
services.
### § 54-12-24. State crime laboratory division.

1. A state crime laboratory is created as a division of the office of the attorney general.
This division consists of a director, the state toxicologist, and such other personnel as
may be appointed by the attorney general. The state crime laboratory may establish
and charge fees for services rendered. The state crime laboratory must be
administratively separated from the bureau of criminal investigation. The director is
entitled to receive a salary set by the attorney general within the limits of legislative
appropriation.
2. The state crime laboratory shall employ the services of a qualified toxicologist who
must be the state toxicologist. The attorney general shall appoint the state toxicologist.
The attorney general may appoint such qualified deputy state toxicologists as may be
necessary to exercise the authority and responsibility prescribed by law for the state
toxicologist. The results of toxicological or chemical testing or analysis, other than
provided for in section 39-20-13, made by the state toxicologist at the request of law
enforcement agencies for criminal investigation may not be disclosed directly or
indirectly by the state toxicologist or any agent or employee of the attorney general to
anyone other than the person or agency requesting the test or analysis or to any other
person upon whom the toxicological or chemical test was performed or the person's
authorized representative, except the state toxicologist may permit the inspection of
the reports of any such test or analysis results by any other person having a proper
interest therein as determined by the director of the state crime laboratory.
3. Upon the request of the state forensic examiner, any state's attorney, sheriff, chief of
police, coroner, or other local, state, or federal law enforcement official, the attorney
general may make available to the requesting official the state crime laboratory's
facilities and personnel to assist in the investigation or detection of crimes and the
apprehension or prosecution of criminals.
### § 54-12-24.1. Statewide sexual assault evidence collection kit tracking system -

Exception.
1. The state crime laboratory shall develop and implement a statewide sexual assault
evidence collection kit tracking system. The director of the state crime laboratory may
contract with public or private entities, including private software and technology
providers for the creation, operation, and maintenance of the system.
2. All medical providers, law enforcement agencies, forensic laboratories, or other
persons or entities that collect evidence for, or receive, store, analyze, maintain, or
preserve sexual assault kits, shall participate in the statewide sexual assault evidence
collection kit tracking system for the purpose of tracking the location and status of all
sexual assault kits in their custody. Participation must begin according to the
implementation schedule established by the state crime laboratory.
3. The statewide sexual assault evidence collection kit tracking system must:
a. Track the location and status of each sexual assault kit throughout the criminal
justice process, including the initial collection during examinations performed at
medical facilities, receipt and storage at law enforcement agencies, receipt and
analysis at forensic laboratories, storage, and any destruction of the kit after the
applicable evidence is analyzed;
b. Allow participating entities that have custody of sexual assault kits to update and
track the status and location of the kits;
c. Allow victims of sexual assault to track or receive updates anonymously
regarding the status of their sexual assault kits; and
d. Use electronic or other technologies that allow for continuous access.
4. The state crime laboratory may phase in the requirement of initial participation in the
statewide sexual assault evidence collection kit tracking system according to region,

volume of sexual assault forensic evidence kits, or other appropriate classifications. All
law enforcement agencies, medical providers, forensic laboratories, or other persons
that collect evidence for, or receive, store, analyze, maintain, or preserve sexual
assault forensic evidence kits are required to participate fully in the tracking system
within one year of the tracking system's initial date of operation.
5. Annually, the state crime laboratory shall post a report on the statewide sexual assault
evidence collection kit tracking system on the attorney general's website. The report
must include the:
a. Total number of sexual assault kits in the system statewide and by jurisdiction;
b. Total and semiannual number of sexual assault kits where forensic analysis has
been completed both statewide and by jurisdiction;
c. Number of sexual assault kits added to the system in the reporting period both
statewide and by jurisdiction;
d. Total and semiannual number of sexual assault kits where forensic analysis has
been requested but not completed both statewide and by jurisdiction; and
e. Total and semiannual number of sexual assault kits destroyed or removed from
the system both statewide and by jurisdiction.
6. Records and information within the tracking system described in this section are
exempt from disclosure under section 44-04-18.
### § 54-12-25. Attorney general may provide counsel to boards of health.

The attorney general, upon the request of a board of health established under chapter
23-35, may provide legal counsel or a written legal opinion to the board of health. The attorney
general may enter an agreement with a board of health for reimbursement of expenses incurred
by the attorney general in providing legal counsel to the board of health.
### § 54-12-26. Attorney general multijurisdictional drug task force grant fund - Continuing

appropriation.
1. The attorney general may establish a multijurisdictional drug task force grant fund. The
fund consists of funds appropriated by the legislative assembly. The funds are
appropriated as a standing and continuing appropriation to the attorney general for the
purpose of defraying the expenses and operating costs incurred by a multijurisdictional
drug task force. The attorney general shall develop guidelines for the qualifications for
receipt of grant funds, the disbursement of grant funds, and the necessary accounting
procedures for the use of grant funds. In this section, "multijurisdictional drug task
force" means a law enforcement task force:
a. Organized and created in this state by a written mutual aid or joint powers
agreement;
b. Comprised of persons who are employed by, or acting under the authority of,
different governmental entities, including federal, state, county, or municipal
governments, or any combination of these agencies; and
c. Operated and established to enhance and facilitate interagency coordination,
acquisition of intelligence information, and investigations of controlled substance
and other drug-related crimes.
2. If the attorney general receives federal funds in excess of the year 2006 level of Byrne
grant funding that may be used to defray the expenses and operating costs incurred
by a multijurisdictional drug task force during the 2007-09 biennium, the attorney
general may seek emergency commission approval to receive and spend the
additional federal funds but may not spend moneys from the funds appropriated by the
legislative assembly to the extent of the additional federal funds received for this
purpose for the biennium beginning July 1, 2007, and ending June 30, 2009.
### § 54-12-27. Twenty-four seven sobriety program.

The attorney general may establish a statewide twenty-four seven sobriety program. The
sobriety program involves coordination among state, county, and municipal agencies to

implement procedures as alternatives to incarceration for offenders charged with, or convicted
of, driving under the influence of alcohol or controlled substances, domestic violence, abuse or
neglect of a child, or for other offenses in which alcohol or controlled substances are involved.
### § 54-12-27.1. Twenty-four seven sobriety program - Partial suspension for treatment

court program participants.
1. For purposes of this section, "approved treatment court program" means a district
court-supervised treatment program approved by the supreme court.
2. A district court may suspend any ordered period of participation in the twenty-four
seven sobriety program, including mandatory participation required by law, for an
offender participating in an approved treatment court program while under supervised
probation with the department of corrections and rehabilitation.
3. A district court suspending participation in the twenty-four seven sobriety program shall
issue a certificate of waiver of twenty-four seven sobriety program participation.
4. For purposes of issuance of a temporary restricted operator's license under section
39-06.1-11, the director of the department of transportation shall treat a court
certificate of waiver of twenty-four seven sobriety program participation as if the
offender was participating in the twenty-four seven sobriety program.
### § 54-12-28. Twenty-four seven sobriety program guidelines, program fees, and records.

1. The attorney general, in cooperation with law enforcement, the judiciary, the
department of corrections and rehabilitation, and the traffic safety division of the
department of transportation, may develop guidelines, policies, and procedures to
administer the twenty-four seven sobriety program and to test offenders to enforce
compliance with the sobriety program, including sobriety testing twice per day seven
days per week, electronic monitoring, including home surveillance and remote
electronic alcohol monitoring, urine testing and drug patch testing, and to establish
program fees, all of which are not subject to chapter 28-32.
2. To assist in monitoring the status of the twenty-four seven sobriety program, the
attorney general may gather program records and statistics. Agencies or companies
participating in the twenty-four seven program shall provide record and statistic
information requested by the attorney general within thirty days of the request.
### § 54-12-28.1. Law enforcement acceptance of department of transportation action.

A law enforcement agency shall accept, the same as if ordered by the court, an individual
as part of the twenty-four seven program if the individual provides documentation that the
individual will be issued a temporary restricted license by the department of transportation which
is conditioned on participation in the twenty-four seven program.
### § 54-12-29. Twenty-four seven sobriety program fund - Continuing appropriation.

There is created the twenty-four seven sobriety program fund to be administered by the
attorney general. The fund includes appropriated funds; moneys received from grants from the
United States; agencies of this state; private grants, gifts, or donations; and program fees. The
funds are appropriated as a continuing appropriation to the attorney general for expenses
necessary for the administration and operation of the sobriety program, including staff support,
training and travel costs, computer software and hardware, testing equipment, and supplies.
### § 54-12-30. Twenty-four seven sobriety program fees.

A criminal justice agency may collect program fees from offenders participating in the
twenty-four seven sobriety program, including fees for twice per day breath alcohol testing, urine
testing, drug patch testing, installation and deactivation fees for remote electronic alcohol
monitoring devices, and remote electronic alcohol monitoring daily fees. The criminal justice
agency shall pay all program fees into the general fund of the governing body. The fees may
only be applied to twenty-four seven sobriety program support services, equipment
maintenance and replacement, and compliance with the program. The governing body shall pay

any daily fees collected for remote electronic alcohol monitoring to the twenty-four seven
sobriety program fund.
### § 54-12-31. Bond conditions.

A district or municipal court of this state may order an offender charged with a violation of
section 39-08-01 or equivalent ordinance, domestic violence, abuse or neglect of a child, or
other offense in which alcohol or controlled substances are involved to participate in the
twenty-four seven sobriety program as a condition of bond.
### § 54-12-32. Blue alert notice system.

Repealed by S.L. 2025, ch. 549, § 2.
### § 54-12-33. Human trafficking commission.

1. The attorney general shall establish a human trafficking commission, comprised of
designees from state, local, and tribal agencies which have contact with victims or
perpetrators, nongovernmental organizations that represent or work with victims, and
other organizations and individuals, including victims, whose expertise would benefit
the commission. In addition to the attorney general designees, the commission must
include:
a. A legislator from the majority party, appointed by the chairman of the legislative
management;
b. A legislator from the minority party, appointed by the chairman of the legislative
management;
c. An individual from the department of health and human services child and family
services division, appointed by the commissioner of the department of health and
human services;
d. An individual representing a rural school district, appointed by the superintendent
of public instruction;
e. An individual representing one of the state's largest ten school districts, appointed
by the superintendent of public instruction;
f. An individual representing tribal nations, appointed by the North Dakota united
tribes tribal chairman's association;
g. An individual from the North Dakota state's attorneys' association, appointed by
the executive director of the North Dakota state's attorneys' association; and
h. An individual from the governor's office, appointed by the governor.
2. The attorney general or the attorney general's designee shall serve as the presiding
officer of the commission.
3. The commission shall:
a. Collect and evaluate data on human trafficking in this state and submit an annual
report to the attorney general, governor, and legislative assembly;
b. Promote awareness and provide information to education personnel and the
general public about human trafficking, victim remedies and services, and
trafficking prevention;
c. Promote training on human trafficking prevention and victim services for state and
local employees and members of regulated occupations and professions who
may have recurring contact with victims or perpetrators;
d. Promote training on human trafficking investigation and prosecution and on
missing and murdered indigenous people with the North Dakota state's attorney's
association, the North Dakota peace officers standards and training board, and
state and local law enforcement agencies;
e. Present annually regarding human trafficking awareness and prevention at
professional development conferences directed toward teachers, administrators,
and support staff which are hosted by educational organizations in this state or by
the department of public instruction;

f. Facilitate annual prevention and awareness education for students on human
trafficking and exploitation, in accordance with section 15.1-09-61; and
g. Conduct other appropriate activities.
### § 54-12-33.1. Human trafficking prevention training - Exemptions - Immunity -

Continuing appropriation.
1. As used in this section:
a. "Human trafficking" means human trafficking as defined in chapter 12.1-41.
b. "Human trafficking commission" means the commission established under section
54-12-33.
c. "Lodging establishment" means any hotel, motel, resort, building, or structure that
is used to provide sleeping accommodations to transient guests.
d. "Proprietor" means the person in charge of a lodging establishment and includes
an owner, lessee, and manager.
e. "Regulated occupation or profession" includes a profession regulated by the
education standards and practices board, an occupation or profession regulated
under title 43, and an attorney licensed to practice law in this state.
2. The human trafficking commission shall establish an educational training program with
a focus on the accurate and prompt identification and reporting of, or response to,
suspected human trafficking. To the extent possible, the human trafficking commission
shall allow the use of existing training modules and materials. The training must
include:
a. Human trafficking awareness;
b. How to recognize potential victims of human trafficking;
c. How to identify activities commonly associated with human trafficking; and
d. Effective responses to human trafficking situations, including how to report
suspected human trafficking to law enforcement.
3. A proprietor may:
a. Provide each onsite employee with the training described in subsection 2.
b. In an employee roster or in each employee's personnel file, annually certify each
employee has received the training approved by the human trafficking
commission.
c. Conduct an ongoing awareness campaign for employees which addresses the
information described in subsection 2.
4. A proprietor may post and maintain a poster approved and provided by the human
trafficking commission which contains the information described in subsection 2. The
poster must include the contact information for an organization that provides
assistance and support services to human trafficking victims. The poster may be
visibly displayed at the lodging establishment's check-in area, lobby, or transient guest
services.
5. An entity that regulates an occupation or profession may accept the training described
in subsection 2 for continuing education credit.
6. A proprietor or employee of a lodging establishment or a member of a regulated
occupation or profession who acts in good faith is immune from liability in any civil
action for reporting suspected human trafficking activities but a member of a regulated
occupation or profession may be subject to disciplinary action for the reporting if the
reporting violates an applicable ethics regulation imposed by the member's regulated
occupation or profession.
7. The human trafficking commission may seek, apply for, accept, and receive any
donation, gift, grant, or bequest offered or tendered from public or private sources for
the purpose of furthering the objectives of the human trafficking prevention training
and incentivizing proprietors and members of a regulated occupation or profession to
participate in the human trafficking prevention training. All moneys received or
accepted under this subsection are appropriated on a continuing basis to the human
trafficking commission.

### § 54-12-34. Criminal justice data information sharing system.

(Effective through
July 31, 2035)
1. The attorney general shall maintain a criminal justice data information sharing system
within the bureau of criminal investigation for the exchange of criminal justice data
information by judicial, law enforcement, and emergency services agencies, and the
department of transportation. Only an authorized individual employed by a criminal
justice agency as defined in section 12-60-16.1, the department of transportation, a
state court, or the department of emergency services or any other individual approved
by the attorney general or the attorney general's designee may access the system. For
access to the criminal justice data information sharing system, an individual shall
undergo a criminal history background check, including a fingerprint check, and meet
eligibility access criteria in accordance with the rules adopted under this section.
2. The criminal justice data information sharing system may be accessed only in
accordance with rules adopted under this section. Any law enforcement record in the
possession of the attorney general through the criminal justice data information
sharing system is an exempt record. Criminal justice data information about an offense
committed by a child if the offense has not been transferred under section 27-20.4-21
to another court having jurisdiction of the offense and information about a child victim
or witness is confidential.
3. The attorney general shall provide staff to maintain the criminal justice data information
system and provide administrative support for the advisory board.
4. A criminal justice information advisory board must be appointed, consisting of:
a. The chief justice of the supreme court or the chief justice's designee.
b. The director of the department of emergency services or the director's designee.
c. The director of the department of corrections and rehabilitation or the director's
designee.
d. The superintendent of the state highway patrol or the superintendent's designee.
e. The chief of the bureau of criminal investigation, who is the chairman of the
advisory board.
f. The chief information officer of the state or the chief information officer's
designee.
g. The director of the department of transportation or the director's designee.
h. A representative of a city police department, appointed by the attorney general
from a list of two or more nominees from the North Dakota chiefs of police
association.
i. A representative of a county sheriff's office, appointed by the attorney general
from a list of two or more nominees from the North Dakota sheriffs and deputies
association.
j. A state's attorney, appointed by the attorney general from a list of two or more
nominees from the North Dakota state's attorney's association.
k. A city government representative, appointed by the attorney general from a list of
two or more nominees from the league of cities.
l. A county government representative, appointed by the attorney general from a list
of two or more nominees from the association of counties.
5. Advisory board members who are not permanent full-time state employees are entitled
to compensation of seventy-five dollars per day and mileage and expenses as
provided by law for state employees. With the exception of the chief of the bureau of
criminal investigation, advisory board members appointed under this section serve
staggered three-year terms.
6. The attorney general, after consultation with the advisory board, shall adopt rules to
establish eligibility for access to the criminal justice data information sharing system; to
implement the collection, storage, and sharing of criminal justice information and the
systems necessary to perform those functions; and to address the operation of the
advisory board.
Criminal justice data information sharing system. (Effective after July 31, 2035)

1. The attorney general shall maintain a criminal justice data information sharing system
within the bureau of criminal investigation for the exchange of criminal justice data
information by judicial, law enforcement, and emergency services agencies, and the
department of transportation. Only an authorized individual employed by a criminal
justice agency as defined in section 12-60-16.1, the department of transportation, a
state court, or the department of emergency services or any other individual approved
by the attorney general or the attorney general's designee may access the system. For
access to the criminal justice data information sharing system, an individual shall
undergo a criminal history background check, including a fingerprint check, and meet
eligibility access criteria in accordance with the rules adopted under this section.
2. The criminal justice data information sharing system may be accessed only in
accordance with rules adopted under this section. Any law enforcement record in the
possession of the attorney general through the criminal justice data information
sharing system is an exempt record. Criminal justice data information about an offense
committed by a child if the offense has not been transferred under section 27-20.4-21
to another court having jurisdiction of the offense and information about a child victim
or witness is confidential.
3. The attorney general shall provide staff to maintain the criminal justice data information
system and provide administrative support for the advisory board.
4. A criminal justice information advisory board must be appointed, consisting of:
a. The chief justice of the supreme court or the chief justice's designee.
b. The director of the department of emergency services or the director's designee.
c. The director of the department of corrections and rehabilitation or the director's
designee.
d. The superintendent of the state highway patrol or the superintendent's designee.
e. The chief of the bureau of criminal investigation, who is the chairman of the
advisory board.
f. The chief information officer of the state or the chief information officer's
designee.
g. The director of the department of transportation or the director's designee.
h. A representative of a city police department, appointed by the attorney general
from a list of two or more nominees from the North Dakota chiefs of police
association.
i. A representative of a county sheriff's office, appointed by the attorney general
from a list of two or more nominees from the North Dakota sheriffs and deputies
association.
j. A state's attorney, appointed by the attorney general from a list of two or more
nominees from the North Dakota state's attorney's association.
k. A city government representative, appointed by the attorney general from a list of
two or more nominees from the league of cities.
l. A county government representative, appointed by the attorney general from a list
of two or more nominees from the association of counties.
5. Advisory board members who are not permanent full-time state employees are entitled
to compensation of seventy-five dollars per day and mileage and expenses as
provided by law for state employees. With the exception of the chief of the bureau of
criminal investigation, advisory board members appointed under this section serve
staggered three-year terms.
6. The attorney general, after consultation with the advisory board, shall adopt rules to
establish eligibility for access to the criminal justice data information sharing system; to
implement the collection, storage, and sharing of criminal justice information and the
systems necessary to perform those functions; and to address the operation of the
advisory board.
7. The attorney general shall implement a missing person repository for authorized users
to enter missing person information in accordance with rules established by the bureau
of criminal investigation. Missing person information, including demographic data
related to indigenous people, which is entered by an authorized user or made

available to an authorized user by a federally recognized tribe in this state must be
included in the repository. Records under this subsection are exempt records that may
be disclosed only in accordance with bureau of criminal investigation rules.
### § 54-12-35. Law enforcement officer tuition and fees waiver.

1. To the extent the annual cap under this section has not been met, an individual who is
employed as a full-time law enforcement officer in this state, who has a minimum of
two years of employment, and who is licensed under chapter 12-63, is entitled to a
waiver of twenty-five percent of resident tuition and fees of any institution of higher
education under the control of the state board of higher education if the law
enforcement officer:
a. Maintains satisfactory performance with the officer's law enforcement agency;
b. Obtains authorization to participate in the waiver program and a certificate of
verification from the law enforcement officer's superior officer which attests to the
officer's satisfactory performance;
c. Meets all admission requirements of the institution; and
d. Pursues studies leading to a degree from an associate degree program or a
baccalaureate degree program.
2. The law enforcement officer may receive the waiver for up to five years from the date
the law enforcement officer first receives a waiver under this section.
3. The institution of higher education shall waive twenty-five percent of the officer's tuition
and fees after subtracting awarded federal financial aid grants and state scholarships
and grants for an eligible law enforcement officer during the time the officer is enrolled.
To remain eligible for the waiver, the officer shall comply with all requirements of the
institution for continued attendance and award of an associate degree or a
baccalaureate degree.
4. The law enforcement officer shall include the certificate of verification when applying
for enrollment to the institution of higher education.
5. The total amount of waivers granted each academic year by institutions under the
control of the state board of higher education may not exceed five hundred thousand
dollars.
6. The attorney general shall adopt the rules necessary to implement this section.
### § 54-12-36. Missing indigenous people task force - Membership - Duties - Collection of

data on missing persons - Continuing appropriation - Legislative management report.
(Expired effective August 1, 2035)
1. There is created a missing indigenous people task force. The attorney general, or the
attorney general's designee, shall serve as the chairman of the task force and the
attorney general's office shall provide staff services for the task force.
2. The task force shall meet at least once each quarter.
3. The task force membership must include the following members:
a. The superintendent of public instruction, or the superintendent's designee;
b. The chief of the bureau of criminal investigation, or the chief's designee;
c. The executive director of the Indian affairs commission, or the executive director's
designee;
d. The superintendent of the state highway patrol, or the superintendent's designee;
e. A representative from each of the federally recognized Indian nations, tribes, or
bands in this state, appointed by the attorney general from a list of two or more
nominees from the chairman of each tribe;
f. Two members of the house of representatives, one appointed by the majority
leader of the house of representatives and one appointed by the minority leader
of the house of representatives; and
g. Two members of the senate, one appointed by the majority leader of the senate
and one appointed by the minority leader of the senate.
4. While respecting the government-to-government relationship between the state and
each tribe, the primary duties of the task force are to:

a. Identify jurisdictional barriers between federal, state, local, and tribal law
enforcement and community agencies;
b. Identify causes that contribute to missing and murdered indigenous people and
make recommendations to federally recognized tribes in the state to reduce
cases of missing and murdered indigenous people;
c. Identify strategies to improve interagency communication, cooperation, and
collaboration to remove jurisdictional barriers and increase reporting and
investigation of missing indigenous people;
d. Administer the missing indigenous people grant fund; and
e. Consult with the United States department of justice office of tribal justice to invite
a federal liaison or representative for consultation on the federal Savanna's Act
[Pub. L. 116-165; 134 Stat. 760; 25 U.S.C. 5701 et seq.].
5. The task force shall submit a report of its activities, findings, and any
recommendations to the legislative management by August first of each year. The
report must include:
a. The number of indigenous individuals reported missing in the missing person
repository;
b. The number of indigenous individuals recovered as a result of the missing person
repository;
c. The number of indigenous individuals recovered as a result of the missing
indigenous people grant fund;
d. The number of missing indigenous individuals searched for and recovered;
e. The number of missing indigenous individuals entries into the missing person
repository by year;
f. An analysis by year of the characteristics of missing indigenous people, including
age, gender, child protective services involvement status, foster case status,
duration of time missing, and estimated related cause;
g. The number of actively missing indigenous people by year;
h. A description of the activities and progress related to improving interagency
communication, cooperation, and collaboration and removing interjurisdictional
barriers; and
i. Any other information the task force finds relevant to the task force's mission.
6. The task force may make recommendations to federal, state, and local agencies in
carrying out the task force's duties.
7. Money in the missing indigenous people grant fund is appropriated on a continuing
basis to the task force for the purpose of supporting the efforts of a federally
recognized Indian nation, tribe, or band in this state, to identify, report, and find missing
indigenous people. The director of the office of management and budget shall transfer
any funds remaining in the missing indigenous people grant fund after July 31, 2035,
to the general fund.
8. The attorney general shall implement a missing person repository for authorized users
to enter missing person information in accordance with rules established by the bureau
of criminal investigation. Missing person information, including demographic data
related to indigenous people, which is entered by an authorized user or made
available to an authorized user by a federally recognized tribe in this state must be
included in the repository. Records under this subsection are exempt records that may
be disclosed only in accordance with bureau of criminal investigation rules.
### § 54-12-37. Internet crimes investigation fund - Continuing appropriation.

The internet crimes investigation fund is a special fund established in the state treasury. The
fund consists of all fees imposed pursuant to section 29-26-22.4, which are appropriated to the
attorney general on a continuing basis for information technology hardware, software licensing,
digital forensic training, and internet safety presentations to assist law enforcement entities and
organizations dedicated to preventing technology-facilitated child sexual exploitation and
internet crimes against children. Interest earned on moneys in the fund must be credited to the
fund.
