# Title 54 — State Government

## Chapter 54-35 — Legislative Management

### § 54-35-01. Legislative management - Created - Members - Vacancy - Terms.

1. The North Dakota legislative management consists of the majority and minority
leaders of the house and of the senate, the speaker of the house, and six senators
and six representatives chosen biennially before the close of each regular legislative
session.
2. In the house of representatives the majority leader shall appoint to the legislative
management members elected by the political party with the largest number of
members in the house and the minority leader of the house shall appoint to the
legislative management members elected by the political party with the next largest
number of members in the house. The majority and minority leaders of the house of
representatives shall make the appointments so as to give the two political parties
having the most members in the house the same total proportionate representation on
the legislative management as prevails in the house. In allocating the membership on
the legislative management to each political party, the total number of members in the
house of representatives must be divided by six; the resulting quotient must then be
divided into the number of members of each of the two political parties of the house;
the resulting quotient for each party of the house, rounded to the nearest whole
number, is the number of members of that political party in the house to be on the
legislative management. Notwithstanding this allocation, the minority political party in
the house of representatives must be represented by at least two members on the
legislative management.
3. In the senate the majority leader shall appoint to the legislative management members
elected by the political party with the largest number of members in the senate and the
minority leader shall appoint to the legislative management members elected by the
political party with the next largest number of members in the senate. The majority and
minority leaders of the senate shall make the appointments so as to give the two
political parties having the most members in the senate the same total proportionate
representation on the legislative management as prevails in the senate. In allocating
the membership on the legislative management to each political party, the total number
of members in the senate must be divided by six; the resulting quotient must then be
divided into the number of members of each of the two political parties of the senate;
the resulting quotient for each party of the senate, rounded to the nearest whole
number, is the number of members of that political party in the senate to be on the
legislative management. Notwithstanding this allocation, the minority political party in
the senate must be represented by at least two members on the legislative
management.
4. Any vacancy occurring when the legislative assembly is not in session must be filled
by the selection of another member of the legislative assembly belonging to the same
party as the member originally appointed, the selection to be made by the remaining
senate or house members of the legislative management, depending upon which body
has the vacancy. Each senator and each representative chosen to serve on the
legislative management shall serve until a new legislative management has been
selected at the next regular legislative session; provided, however, that no senator, not
a holdover, who is not re-elected to the senate, and no representative, who is not
re-elected to the house of representatives, may serve as a member of the legislative
management beyond the closing day of the term to which elected. Any vacancy
occurring because any member of the legislative management is not re-elected must
be filled for the period from the beginning of the session until a new legislative
management is selected, in the same manner as the original legislative management
is selected.

### § 54-35-02. Powers and duties.

In addition to the other applicable provisions of this chapter, the legislative management has
the following powers and duties:
1. To study, consider, accumulate, compile, and assemble information on any subject
upon which the legislative assembly may legislate, and upon such subjects as the
legislative assembly may by concurrent or joint resolution authorize or direct, or any
subject requested by a member of the legislative assembly; provided, that the
legislative management may screen and prioritize studies assigned by concurrent or
joint resolution to maintain its workload within the limitations of time and legislative
appropriations.
2. To collect information concerning the government and general welfare of the state and
of its political subdivisions.
3. To study and consider important issues of public policy and questions of general
interest.
4. To study and promote uniformity of legislation in the United States upon subjects upon
which uniformity is desirable and to receive, review, and make recommendations on
uniform and model laws recommended to it by the state commission on uniform state
laws.
5. To prepare proposed bills and resolutions for consideration of the succeeding
legislative assembly.
6. To call to its assistance other members of the legislative assembly, and it may create
committees consisting of its own members, or one or more of its own members and
one or more other members of the legislative assembly and delegate by written
resolution to such committees such of its powers and rights as it may deem advisable.
Committees of the legislative management may also include nonlegislator members.
Any member of the legislative assembly has the right to attend any meeting of the
legislative management and may present that member's views on any subject which
the legislative management may at any particular time be considering.
7. To issue subpoenas or subpoenas duces tecum in the manner provided in sections
subpoenas and subpoenas duces tecum in the same manner if specifically authorized
by the legislative management. Failure to obey a subpoena issued by the legislative
management, or one of its committees, is contempt.
8. To control the use of the legislative chambers and permanent displays in memorial
hallway. Guidelines may be established pursuant to this subsection and the legislative
council shall administer any guidelines that are established.
9. To determine access to legislative information services and impose fees for providing
legislative information services and copies of legislative documents. This authority may
not be exercised in a manner that contravenes access to legislative documents as
otherwise provided by law.
### § 54-35-02.1. Legislative audit and fiscal review committee.

For the purposes of studying and reviewing the financial transactions of this state; to assure
the collection and expenditure of its revenues and moneys in compliance with law and
legislative intent and sound financial practices; and to provide the legislative assembly with
formal, objective information on revenue collections and expenditures for a basis of legislative
action to improve the fiscal structure and transactions of this state, the legislative management
shall appoint the legislative audit and fiscal review committee. The members of the committee
must be appointed in the same manner as other members of interim committees of the
legislative management.
### § 54-35-02.2. Powers and duties of the legislative audit and fiscal review committee.

The legislative audit and fiscal review committee shall study and review audit reports as
selected by the committee from those submitted by the state auditor, confer with the auditor and
deputy auditors in regard to such reports, and when necessary, confer with representatives of
the department, agency, or institution audited in order to obtain full and complete information in

regard to any and all fiscal transactions and governmental operations of any department,
agency, or institution of the state. The committee shall meet at least once each calendar quarter
during each interim. Each department, agency, or institution shall furnish to the committee such
aid, information, and assistance in regard to fiscal transactions and governmental operations as
it may from time to time request. Whenever the committee may determine or have reason to
believe that there may have been a violation of law relating to the receipt, custody, or
expenditure of public funds by any state officer or employee, the committee shall present such
evidence or information as may be in its possession to the attorney general. The attorney
general shall receive and accept such evidence or information and shall immediately commence
such additional investigation as the attorney general determines necessary. Upon completion of
the investigation, if the evidence supplied by the committee and through the investigation
indicates the probability of a violation of law by any state official or employee, the attorney
general immediately shall prosecute such official or employee as provided by law. Whenever the
committee may determine that a state agency, department, or institution has failed to correct an
audit finding within two bienniums which the committee determines critically important, the
committee may recommend the legislative assembly reduce the state agency, department, or
institution's appropriation as compared with the amount appropriated to the agency, department,
or institution for the previous biennium. The legislative management, through its committee on
legislative audit and fiscal review, or such persons as may be directed or employed by the
legislative council, is authorized, within the limits of legislative appropriations, to make such
audits, examinations, or studies of the fiscal transactions or governmental operations of
departments, agencies, or institutions of the state as the legislative management may determine
necessary.
### § 54-35-02.3. Employee benefits programs committee - Appointment - Selection of

chairman.
The legislative management, during each biennium, shall appoint an employee benefits
programs committee in the same manner as the legislative management appoints other interim
committees. The legislative management shall appoint seven members of the house of
representatives and six members of the senate to the committee. The legislative management
shall designate the chairman of the committee. The committee shall operate according to the
statutes and procedure governing the operation of other legislative management interim
committees.
### § 54-35-02.4. Employee benefits programs committee - Powers and duties.

1. During each interim, the employee benefits programs committee shall consider and
report on the legislative proposals over which the committee takes jurisdiction and
which fiscally impact the retirement programs of state employees or employees of any
political subdivision, and health and retiree health plans of state employees or
employees of any political subdivision. A majority of the members of the committee has
sole authority to determine whether a legislative proposal affects a program. The
committee shall make a thorough review of each proposal the committee takes under
its jurisdiction, including an actuarial report. The committee shall take jurisdiction over
a proposal that authorizes an automatic increase or other change in benefits beyond
the ensuing biennium which would not require legislative approval. The committee
shall include in the report of the committee a statement that the proposal would allow
future changes without legislative involvement. The committee shall report the findings
and recommendations of the committee, along with any necessary legislation, to the
legislative management and to the legislative assembly.
2. To carry out the responsibilities of the committee, the committee, or the designee of
the committee, may:
a. Enter contracts, including retainer agreements, with an actuary or actuarial firm
for expert assistance and consultation. Each retirement, insurance, or retiree
insurance program shall pay, from the program's retirement, insurance, or retiree
health benefits fund, as appropriate, and without the need for a prior

appropriation, the cost of an actuarial report required under this section which
relates to that program.
b. Call on personnel from state agencies or political subdivisions to furnish such
information and render such assistance as the committee from time to time may
request.
c. Establish rules for the operation of the committee, including the submission and
review of proposals and the establishing of standards for actuarial reports.
3. The committee may solicit draft measures and proposals from interested persons
during the interim between legislative sessions, and also may study measures and
proposals referred to the committee by the legislative assembly or the legislative
management.
4. A copy of the committee's report concerning a legislative measure, if that measure is
introduced for consideration by a legislative assembly, must be appended to the copy
of that measure.
5. If a legislative measure affecting a public employees retirement program, public
employees health insurance program, or public employee retiree health insurance
program is introduced in either house without a report from the committee, the
chairman and vice chairman of the employee benefits programs committee shall
request an actuarial report from the program affected and shall provide the report to
the standing committee to which the measure is referred. During the legislative
session, the employee benefits programs committee chairman and vice chairman,
working together, have sole authority to determine whether a legislative measure or
amendment affects a program under this subsection and subsection 6.
6. During a legislative session, if an amendment is made to a legislative measure which
fiscally impacts a public employees retirement program, public employees health
insurance program, or public employee retiree health insurance program, the
employee benefits programs committee chairman and vice chairman shall request
from the affected program an actuarial report on the amendment and shall provide the
report to the standing committee to which the bill is referred.
7. Legislation enacted in contravention of this section is invalid, and any benefits
provided under the legislation must be reduced to the level current before enactment
of the legislation.
### § 54-35-02.5. Administrative rules committee.

The legislative management, during each biennium, shall appoint an administrative rules
committee in the same manner as the legislative management appoints other interim
committees. The legislative management shall designate the chairman of the committee. The
committee shall operate according to the statutes and procedure governing the operation of
other legislative management interim committees. The membership of the administrative rules
committee must include at least one of the members who served during the most recently
completed regular session of the legislative assembly from each of the standing committees of
either the house of representatives or the senate.
### § 54-35-02.6. Rules reviewed by administrative rules committee - Committee

responsibility.
The administrative rules committee shall review administrative rules adopted under chapter
28-32. The committee shall consider oral and written comments received concerning
administrative rules. The committee shall study and review administrative rules and related
statutes to determine whether:
1. Administrative agencies are properly implementing legislative purpose and intent.
2. There is dissatisfaction with administrative rules or with statutes relating to
administrative rules.
3. There are unclear or ambiguous statutes relating to administrative rules.
The committee may make rule change recommendations to the adopting agency and may make
recommendations to the legislative management for the amendment or repeal of statutes
relating to administrative rules. The committee's failure to review proposed rules prior to

publication in the North Dakota Administrative Code does not prevent rules from taking effect.
Except for action pursuant to section 28-32-17 or 28-32-18, the recommendations or opinions of
the committee do not affect the legality of any rule as determined by the attorney general.
### § 54-35-02.7. Water topics overview committee - Powers and duties.

1. The legislative management, during each biennium, shall appoint a water topics
overview committee in the same manner as the legislative management appoints other
interim committees. The committee must meet quarterly during the interim and is
responsible for legislative overview of water topics and related matters, the Garrison
diversion project, and for any necessary discussions with adjacent states on water
topics. The legislative management shall designate the chairman of the committee.
The committee shall operate according to the statutes and procedure governing the
operation of other legislative management interim committees.
2. Any request anticipated to be submitted to the state water commission or to the next
legislative assembly for which the state cost-share is estimated to be ten million dollars
or more must be reported to the water topics overview committee before May
thirty-first of each even-numbered year. The committee shall review the request and
make a recommendation on the prioritization of the project for consideration by the
next legislative assembly. A copy of the committee's report concerning a new water
project request must be provided to the appropriations committees of the legislative
assembly.
3. The committee may solicit draft measures and proposals from interested persons
during the interim between legislative sessions, and also may study measures and
proposals referred to the committee by the legislative assembly or the legislative
management.
4. If a water project requesting state funds of ten million dollars or more is introduced in
either house without a report from the committee, the committee shall consider and
report its recommendation regarding the project. A copy of the committee's report
concerning the new water project request must be provided to the appropriations
committees of the legislative assembly.
5. The committee shall work collaboratively with the state water commission and may
meet with the state water commission.
6. The committee shall report on the committee's project prioritization process, provide
updates on allocated program expenditures, and report on the fund balances of
projects, grants, and contracts.
7. The committee shall report the findings and recommendations of the committee, along
with any necessary legislation, to the legislative management and to the legislative
assembly.
### § 54-35-02.8. Legislative ethics committee.

The legislative management, during each biennium, shall appoint an ethics committee to
consider or prepare a legislative code of ethics. The committee must include members of the
majority and minority parties of each house. The committee may recommend legislation relating
to legislative ethics. The committee shall operate according to the laws and procedures
governing the operation of other legislative management interim committees.
### § 54-35-02.9. Budget section - Appointment - Powers and duties.

1. To provide for flexibility in the management of state funds between regular sessions of
the legislative assembly and to minimize the need for and the expense of a special
session, the legislative management, during each biennium, shall appoint a budget
section.
2. The membership of the budget section must include:
a. The majority leader and the assistant majority leader of the house of
representatives;
b. The majority leader and the assistant majority leader of the senate;

c. The minority leader and the assistant minority leader of the house of
representatives;
d. The minority leader and the assistant minority leader of the senate;
e. The speaker of the house of representatives; and
f. Each member of the legislative assembly appointed to serve on the
appropriations committees of the house of representatives and the senate.
3. The legislative management shall designate the chairman of the budget section. The
budget section shall operate according to the statutes and procedures governing the
operation of other legislative management interim committees. The budget section
shall meet at least quarterly upon the call of the chairman.
4. The legislative assembly, by law, may provide the authority for the budget section to
approve specific actions, projects, and transfers.
5. a. When evaluating state agency requests, the budget section shall consider criteria
applicable to the request, including whether:
(1) The request is for a specific purpose;
(2) The request is for a specific amount of funds and for a specific time frame,
not to continue beyond the end of the current biennium;
(3) The request conforms with legislative intent;
(4) The request is consistent with related statutory provisions;
(5) The request supports state priorities;
(6) The request improves state efficiencies and promotes effective state
government;
(7) If the request is for a new program, the program does not extend beyond the
current biennium; and
(8) The request addresses a state emergency.
b. The budget section shall gather documentation that addresses each of the
applicable criterion included in subdivision a from the agency requesting budget
section approval.
### § 54-35-02.10. Legislative audit and fiscal review committee - Auditing guidelines.

Each biennium, the legislative audit and fiscal review committee, in consultation with the
state auditor, shall review updates to government auditing standards and develop guidelines for
the contents of state agency audit reports. The legislative audit and fiscal review committee
shall consider the following when developing the guidelines:
1. Applicable auditing standards;
2. Sound financial practices;
3. Compliance with laws and legislative intent;
4. Data analyses; and
5. The opportunity to improve the efficient and effective operations of state agencies.
### § 54-35-02.11. Legislative task force on government efficiency - Members - Duties -

Report to the legislative management. (Expired effective August 1, 2031)
1. The legislative management shall create a legislative task force on government
efficiency.
2. Each member of the task force shall serve two-year terms. The membership of the
task force consists of:
a. The director of the office of management and budget;
b. The chief operating officer for the office of the governor;
c. One elected statewide officer, appointed by the governor;
d. One individual residing in the state, appointed by the governor;
e. Three members of the house of representatives, appointed by the majority leader
of the house of representatives; and
f. Three members of the senate, appointed by the majority leader of the senate.
3. The chairman of the legislative management shall select a member of the legislative
assembly appointed under subdivision e or f of subsection 2 to serve as chairman of
the task force.

4. The task force shall:
a. Meet at least once each calendar quarter or more frequently at the call of the
chairman.
b. Review and analyze budgets and reports from executive branch agencies and the
supreme court.
c. Collaborate with and receive testimony from executive branch agencies and the
supreme court to identify areas to increase efficiency and methods to implement
cost-saving measures, determine areas of state government deemed
unnecessary or duplicative, target outdated or overly restrictive regulations, and
find areas in which partnerships between the state and private industry would
create innovative financing models to drive economic growth and job creation.
d. Review the effectiveness and necessity of programs and laws created by the
legislative assembly through previous legislative enactments.
e. Request the state auditor or an independent private auditing firm to conduct
program evaluations using generally accepted performance audit standards for
state and local governments.
f. Submit an annual report to the legislative management detailing its findings and
progress in implementing cost-saving measures and efficiencies along with any
recommended legislation for introduction at the next legislative session.
5. A state employee who is a member of the task force is entitled to receive that
employee's regular salary and is entitled to reimbursement for mileage and expenses
to be paid by the employing agency. A member of the task force who is a member of
the legislative assembly is entitled to receive per diem compensation at the rate
provided under section 54-35-10 for each day performing official duties of the task
force. The legislative council shall pay the per diem compensation and reimbursement
for travel and expenses as provided by law for any member of the task force who is a
member of the legislative assembly.
6. The legislative council shall provide staffing and administrative services for the task
force through July 31, 2031.
### § 54-35-03. State departments, officers, and employees to cooperate.

Each department, board, commission, agency, officer, or employee in the state government
shall furnish such information and render such assistance to the legislative council and to the
legislative management as the legislative council or the legislative management or its
committees may from time to time request.
### § 54-35-04. Meetings - When held - How called - Quorum.

The legislative management or committee appointed by it, may sit at such time and place as
it may deem advisable, but the legislative management shall meet at least once in each year
and shall meet at any time upon the call of the chairman or a call signed by seven members of
the legislative management. At any meeting of the legislative management, seven members
constitute a quorum and a majority of such quorum has the authority to act in any matter falling
within the jurisdiction of the legislative management.
### § 54-35-05. Governor sending messages to meetings.

The governor may send messages to such meetings of the legislative management as the
governor determines advisable.
### § 54-35-06. Officers - Accept funds - Expenditures.

1. The legislative management chairman must be the majority leader of one house of the
legislative assembly, or the majority leader's designee, and the vice chairman must be
the majority leader of the opposite house of the legislative assembly, or the majority
leader's designee. The legislative management may prescribe its rules of procedure.
2. The legislative management chairman shall serve a two-year term beginning at the
adjournment of each regular legislative session. The chairman may not be a member

of the same house of the legislative assembly for consecutive terms. The vice
chairman may not be a member of the same house of the legislative assembly as the
chairman.
3. The legislative management may appoint a secretary who need not be a member, and
shall appoint a director to be in charge of the legislative council. The director is entitled
to a salary set by the legislative management. The director may employ persons and
obtain the assistance of research agencies. The director may use available funds for
salary adjustments to assist with staff recruitment, retention, and recognition of
exceptional performance. The legislative management and the legislative council may
accept and use any funds made available through an agreement made with any
agency for the purpose of this chapter. Expenditures of funds made available by
legislative appropriation must be made in accordance with rules or motions duly
approved by the legislative management.
### § 54-35-07. Records - Reports.

The legislative management shall keep minutes of its meetings and a record of all its
transactions and shall at the beginning of each biennial legislative session, and may at any
other time, make a report of its activities and recommendations to the members of the legislative
assembly and to the governor.
### § 54-35-08. Recommended legislation may be required in advance.

The legislative management may require that any recommendation for legislation, which is
to be presented by any department, board, commission, agency, officer, official, or employee of
the state desiring the consideration of the legislative management, be presented to it at least
sixty days in advance of any regular legislative session.
### § 54-35-09. Recommendations - When made public - Distribution.

The recommendations of the legislative management must be completed and made public
prior to any session of the legislative assembly at which such recommendations are to be
submitted; and a copy of the recommendations must be distributed to each member-elect of the
legislative assembly, to each elective state officer, and to the state law library.
### § 54-35-10. Compensation of members and leadership.

1. The members of the legislative management and the members of any committee of
the legislative management are entitled to be compensated for the time spent in
attendance at sessions of the legislative management and of its committees at the rate
of two hundred nineteen dollars through June 30, 2026, and two hundred twenty-six
dollars thereafter per day and must also be paid for expenses incurred in attending
said meetings and in the performance of their official duties in the amounts provided by
law for other state officers.
2. In addition to the compensation provided in subsection 1, the chairman of the
legislative management is entitled to receive an additional ten dollars for each day
spent in attendance at sessions of the legislative management and of its committees,
and the chairman of each of the legislative management's committees is entitled to
receive ten dollars for each day spent in attendance at sessions of the legislative
management or of the committee which the person chairs.
### § 54-35-11. Preparation for and assistance to legislative assembly - Custody of

equipment - Approval of delayed vouchers.
The legislative council, on behalf of the legislative assembly, may make all necessary
arrangements before each legislative session for the procurement of necessary supplies,
equipment, services other than the employment of legislative employees, building space, or any
other preparations or arrangements the legislative council determines necessary or desirable to
be made before the commencement of each legislative session in order to facilitate the proper
convening and operation of the legislative assembly. The legislative council shall act as the

custodial agency to ensure the proper storage and safekeeping of legislative supplies and
equipment during the interim periods between legislative sessions, and may approve vouchers
on behalf of the legislative assembly for the payment from legislative appropriations of delayed
billings or other billings for legislative expenses during periods when the legislative assembly is
not in session. The legislative council shall carry out such duties or projects and provide such
service and assistance to the legislative assembly or its committees, the legislative
management or its committees, and members of the legislative assembly as may be requested
by concurrent resolution of the legislative assembly or determined necessary or desirable in
assisting the legislative assembly or the legislative management in meeting its responsibilities
and carrying out its duties during the legislative session or the interim between sessions.
### § 54-35-12. Legislative budget analyst and auditor.

The legislative management shall appoint a legislative budget analyst and auditor. A person
is not eligible for the appointment unless the person holds a baccalaureate degree from a
recognized institution of higher learning, is a certified public accountant, or has had five years'
experience in government accounting. The appointment of the legislative auditor must be based
upon qualifications of eligible persons without reference to partisan politics. The salary of the
legislative budget analyst and auditor must be determined by the legislative council and it may
employ additional persons as necessary to carry out sections 54-35-12 through 54-35-14.
### § 54-35-13. Personnel - Compensation - Expenses.

The salaries, travel, and other expenses of the legislative budget analyst and auditor and
other personnel within the legislative budget analyst and auditor's office must be submitted,
approved, and paid in the same manner as other employees of the legislative council.
### § 54-35-14. Powers and duties of legislative budget analyst and auditor.

The legislative budget analyst and auditor shall attend all budget hearings carried on by the
executive budget officer and shall have access to all budget material submitted to, and all
studies carried on by, the executive budget officer. The legislative budget analyst and auditor
shall analyze the executive budget when prepared, with special reference to sources of
revenue, trends in governmental spending and finance, policies followed and inconsistencies in
such policies, and proposed new or substantially expanded or reduced areas of spending and
prepare a report of that analysis for the legislative assembly. The legislative budget analyst and
auditor shall report thereon to the appropriations committees of the senate and house of
representatives in joint meeting and shall perform such services for such committees during the
legislative session as they shall reasonably request. The legislative audit and fiscal review
committee may call upon the legislative budget analyst and auditor for such assistance as it
may deem necessary in the analysis of any audit submitted to such committee. Each
department, institution, and agency shall furnish such records and information to the legislative
budget analyst and auditor as requested by the legislative budget analyst and auditor in the
performance of official duties.
### § 54-35-15. Information technology program - Staff - Powers and duties.

1. The legislative council shall provide information technology research and staff services
to the legislative branch. The services must be provided in accordance with the
existing statutory authority of the legislative council and within the framework of its
other staff services.
2. The legislative council shall provide information technology services, may hire such
staff as are necessary, and set compensation for any additional staff within the limits of
legislative appropriations.
3. The legislative council shall structure the provision of information technology services
and assistance to the legislative assembly and shall receive such cooperation and
assistance from other state agencies as the council reasonably may request.

### § 54-35-15.1. Information technology committee - Appointment.

The legislative management, during each biennium, shall appoint an information technology
committee in the same manner as the legislative management appoints other interim
committees. The legislative management shall appoint six members of the house of
representatives and five members of the senate to the committee. The chief information officer
of the state and an individual with information technology-related experience from the
department of health and human services, appointed by the commissioner of the department of
health and human services, are ex officio, nonvoting members of the committee. The legislative
management shall designate the chairman of the committee. The committee shall operate
according to the statutes and procedure governing the operation of other legislative
management interim committees.
### § 54-35-15.2. Information technology committee - Powers and duties.

The information technology committee has continuing existence and may meet and conduct
its business during the legislative session and in the interim between sessions. The committee
shall:
1. Meet at least once each calendar quarter.
2. Receive a report from the chief information officer of the state at each meeting.
3. Review the business plan of the information technology department.
4. Review macro-level issues relating to information technology.
5. Review the activities of the information technology department.
6. Review statewide information technology standards.
7. Review the statewide information technology plan.
8. Review information technology efficiency and security.
9. Review established or proposed information technology programs and information
technology acquisition by the executive and judicial branches.
10. Except as provided in subsection 11, receive and review information, including a
project startup report summarizing the project description, project objectives, business
need or problem, cost-benefit analysis, and project risks and a project closeout report
summarizing the project objectives achieved, project budget and schedule variances,
and lessons learned, from the information technology department and the affected
agency regarding any major information technology project of an executive branch
agency. For the purposes of this subsection, a major project is an information
technology project that meets one or more of the following criteria, as determined by
the chief information officer:
a. An estimated total cost, as defined by the information technology department, of
five million dollars or more;
b. Requires one year or longer to reach operational status; or
c. Requires oversight due to its potential benefits, risks, public impact, visibility, or
another significant reason.
11. a. Receive and review information, including a project startup report summarizing
the project description, project objectives, business need or problem, cost-benefit
analysis, and project risks and a project closeout report summarizing the project
objectives achieved, project budget and schedule variances, and lessons
learned, from the state board of higher education regarding any major project of
the state board of higher education or any institution under the control of the state
board of higher education if the project:
(1) Significantly impacts the statewide wide area network, including the campus
access routers;
(2) Impacts the statewide library system; or
(3) Is an administrative project. An administrative project is a project that
directly collects, aggregates, modifies, stores, or reports institutional
student, financial, or human resources records or data and is provided
primarily for administrative purposes.
b. For the purposes of this subsection, a major project is a project with a total cost of
five hundred thousand dollars or more.

12. Receive and review information from the information technology department and the
affected agency regarding any information technology project of an executive branch
agency with a total cost of between one hundred thousand and five million dollars as
determined necessary by the information technology department.
13. Receive a report from the chief information officer before October first of each
even-numbered year regarding proposed major information technology projects and
other information technology issues for the next biennium.
14. Receive and review information, including a project startup report summarizing the
project description, project objectives, business need or problem, cost-benefit analysis,
and project risks and a project closeout report summarizing the project objectives
achieved, project budget and schedule variances, and lessons learned, from the
affected legislative or judicial branch agency regarding any information technology
project of the legislative or judicial branch with a total cost of five million dollars or
more.
15. Receive information from the state board of higher education regarding higher
education information technology planning, services, and major projects.
### § 54-35-15.3. Information technology project quality assurance - Information

technology committee review - Suspension of funds.
The information technology committee may review any information technology project or
information technology plan. If the committee determines that the project or plan is at risk of
failing to achieve its intended results, the committee may recommend to the office of
management and budget the suspension of the expenditure of moneys appropriated for a
project or plan. The office of management and budget may suspend the expenditure authority if
the office of management and budget agrees with the recommendation of the committee.
### § 54-35-15.4. Information technology committee - Information technology reviews.

The information technology committee may request the state auditor to conduct an
information technology compliance review. The review may consist of an audit of an agency's
information technology management, information technology planning, compliance with
information technology plans, and compliance with information technology standards and
policies or an audit of statewide compliance with specific information technology standards and
policies.
### § 54-35-16. Authority to determine if legislative assembly meets.

The legislative management may issue a call for the legislative assembly to convene after it
has adjourned under subsection 2 of section 54-03-02. The length of a legislative session called
under this section may not exceed the number of natural days available under the constitution
which have not been used by that legislative assembly. The legislative management may
exercise this authority, and the legislative assembly shall meet, regardless of whether the
motion to close the regular session of the legislative assembly was to recess to a time certain,
adjourn to a time certain, or adjourn sine die.
### § 54-35-17. Retention of legal counsel.

When the legislative assembly is in session, either house by resolution may authorize, or
both houses by concurrent resolution may direct, the legislative council to appoint or retain legal
counsel to appear in, commence, prosecute, defend, or intervene in any action, suit, matter,
cause, or proceeding in any court or agency when determined necessary or advisable to protect
the official interests of the legislative branch. When the legislative assembly is not in session,
the legislative management, by a majority vote, may authorize the legislative council to appoint
or retain legal counsel to appear in, commence, prosecute, defend, or intervene in any action,
suit, matter, cause, or proceeding in any court or agency when determined necessary or
advisable to protect the official interests of the legislative branch. Section 54-12-08 does not
apply to a person appointed or retained under this section.

### § 54-35-18. Energy development and transmission committee.

1. The legislative management, during each biennium, shall appoint an energy
development and transmission committee in the same manner as the legislative
management appoints other interim committees.
2. The legislative management shall appoint six members of the house of
representatives, four of whom must be from the majority political party and two of
whom must be from the minority political party, and six members of the senate, four of
whom must be from the majority political party and two of whom must be from the
minority political party. The chairman of the legislative management shall designate the
chairman of the committee.
3. The committee shall operate according to the statutes and procedure governing the
operation of other legislative management interim committees.
4. The committee shall study the impact of a comprehensive energy policy for the state
and the development of each facet of the energy industry, from the obtaining of the
raw natural resource to the sale of the final product in this state, other states, and
other countries.
5. The committee shall develop a comprehensive statewide energy policy that supports
the long-term development of the energy opportunities available in the state and seeks
solutions for the challenges realized through the successful development of energy
opportunities. The committee shall engage industry stakeholders to develop a
regulatory environment that allows for responsible growth while resolving conflicts and
developing synergy between energy and agriculture programs.
6. The study may include the review of and recommendations relating to policy affecting
extraction, generation, processing, transmission, transportation, marketing,
distribution, and use of energy.
### § 54-35-18.1. Electric industry competition committee - Composition.

Expired under S.L. 2003, ch. 36, § 20.
### § 54-35-18.2. Electric industry competition committee - Study areas.

Expired under S.L. 2003, ch. 36, § 21.
### § 54-35-18.3. Electric industry competition committee - Recommendations.

Expired pursuant to S.L. 1999, ch. 467, § 3.
### § 54-35-19. Use of fees - Appropriation.

All fees received by the legislative council and the legislative assembly for providing
legislative information services and copies of legislative documents must be deposited in the
legislative services fund in the state treasury. The legislative services fund is a revolving fund
with an authorized ceiling of two hundred fifty thousand dollars. All moneys transferred into the
fund, moneys deposited in the fund, and earnings on moneys in the fund are appropriated to the
legislative council for use in improving and enhancing legislative information services and the
preparation of legislative documents. The fund is not subject to section 54-44.1-11.
### § 54-35-20. National conference of insurance legislators - Appointment of

representatives.
The chairman of the legislative management, in consultation with the insurance
commissioner, shall appoint two members of the house of representatives and two members of
the senate to represent the state at functions of the national conference of insurance legislators.
Each member shall serve a two-year term. If a member is unable to complete the member's
term, the chairman of the legislative management shall appoint another member to complete the
term. The insurance commissioner shall pay the necessary expenses of the legislative members
for attending functions of the national conference of insurance legislators.

### § 54-35-21. No Child Left Behind Act of 2001 - Interim committee - Appointment -

Duties.
Repealed by S.L. 2007, ch. 162, § 18.
### § 54-35-22. Workers' compensation review committee.

Repealed by S.L. 2023, ch. 584, § 2.
### § 54-35-23. Committee on tribal and state relations - Membership - Duties.

1. The committee on tribal and state relations is composed of seven members as follows:
a. A chairman designated by the chairman of the legislative management;
b. Three members of the house of representatives, two of whom must be selected
by the leader representing the majority faction of the house of representatives
and one of whom must be selected by the leader representing the minority faction
of the house of representatives; and
c. Three members of the senate, two of whom must be selected by the leader
representing the majority faction of the senate and one of whom must be selected
by the leader representing the minority faction of the senate.
2. The committee shall meet at such times and places as determined by the chairman.
The legislative council shall provide staffing for the committee.
3. The committee shall conduct joint meetings with the North Dakota tribal governments'
task force to study tribal-state issues, including government-to-government relations,
human services, education, corrections, and issues related to the promotion of
economic development and shall evaluate the feather alert notice, regarding missing
indigenous individuals, under chapter 54-67. After the joint meetings have concluded,
the committee shall meet to prepare a report on its findings and recommendations,
together with any legislation required to implement those recommendations, to the
legislative management.
4. The members of the committee are entitled to compensation from the legislative
council for attendance at committee meetings at the rate provided for members of the
legislative assembly for attendance at interim committee meetings and are entitled to
reimbursement for expenses incurred in attending the meetings in the amounts
provided by law for other state officers.
5. a. The North Dakota tribal governments' task force is composed of six members as
follows:
(1) The executive director of the Indian affairs commission, or the executive
director's designee;
(2) The chairman of the Standing Rock Sioux Tribe, or the chairman's designee;
(3) The chairman of the Spirit Lake Tribe, or the chairman's designee;
(4) The chairman of the Three Affiliated Tribes of the Fort Berthold Reservation,
or the chairman's designee;
(5) The chairman of the Turtle Mountain Band of Chippewa Indians, or the
chairman's designee; and
(6) The chairman of the Sisseton-Wahpeton Oyate of the Lake Traverse
Reservation, or the chairman's designee.
b. If the executive director of the Indian affairs commission or any of the tribal
chairmen appoint a designee to serve on the task force, only one individual may
serve as that designee during the biennium. A substitute designee may be
appointed by the executive director of the Indian affairs commission or a tribal
chairman in the event of the death, incapacity, resignation, or refusal to serve of
the initial designee.
### § 54-35-24. Commission on alternatives to incarceration.

Expired by S.L. 2013, ch.414, §1.

### § 54-35-25. Legislative promotional expenses.

The legislative management shall establish a policy regarding promotional expenses made
on behalf of the legislative assembly. Any expenditure made pursuant to this section must be
reported to the legislative management. An expenditure under this section may not be construed
as a gift for purposes of section 18 of article X of the Constitution of North Dakota.
### § 54-35-26. Legislative interim committee review of economic development tax

incentives.
The legislative assembly enacts economic development tax incentives with the intent to
encourage businesses to locate, grow, and remain in the state; to enhance employment
opportunities for citizens; and to foster the most advantageous direction, diversity, and growth of
the state economy. The legislative assembly requires systematic, detailed analysis of enacted
economic development tax incentives to assure that incentives are, and will continue, serving
the intended purposes in a cost-effective and equitable manner consistent with the intent of the
legislative assembly. To serve this intent and requirement:
1. During each interim, the legislative management shall assign to a legislative
management interim committee study responsibility that includes completing the
analysis of economic development tax incentives as provided in this section and
reporting its findings and any associated recommended legislation to the legislative
management.
2. The legislative management interim committee assigned the study responsibility under
this section shall analyze each incentive, applying considerations relevant to the
perceived goals of the incentive, including any or all of the following:
a. The extent of achievement of the goals of the incentive and whether unintended
consequences have developed in its application.
b. Whether the design and application of the incentive can be improved.
c. The extent of complementary or duplicative effect of other incentives or
governmental programs.
d. Whether the incentive has a positive influence on business behavior or rewards
business behavior that is likely to have occurred without the incentive.
e. The effect of the incentive on the state economy, including the extent of primary
sector operation of the recipient and any competitive disadvantage imposed or
benefit conferred on other state businesses, any benefit or burden created for
local government, and the extent of the incentive's benefit that flows to
out-of-state concerns.
f. The employment opportunities generated by the incentive and the extent those
represent career opportunities.
g. Whether the incentive is the most effective use of state resources to achieve
desired goals.
h. If the committee's analysis of the incentive is constrained by lack of data, whether
statutory or administrative changes should be made to improve collection and
availability of data.
3. The legislative management interim committee assigned the study responsibility under
this section may examine economic development tax incentives, shall complete
analysis of the incentives it designates for analysis during the interim, and shall
approve a plan to provide that each of the economic development tax incentives listed
in this subsection is subject to a complete analysis within each six-year period. The
interim committee may include in its recommendations any amendments to this
section, including amendments to add or remove incentives from the list of incentives
subject to analysis under this subsection. Analysis must be completed for economic
development tax incentives, including each of the following:
a. Renaissance zone credits and exemptions.
b. Research expense credit.
c. Agricultural commodity processing facility investment credit.
d. Biodiesel fuel production facility construction or retrofit credit, biodiesel fuel
blending credit, and biodiesel fuel equipment credit.

e. Seed capital investment credit.
f. Internship program credit.
g. Angel fund investment credit.
h. Workforce recruitment credit.
i. Soybean or canola crushing facility construction or retrofit credit.
j. Twenty-first century manufacturing and animal agricultural workforce incentive.
k. New or expanding business exemption.
l. Manufacturing and recycling equipment sales tax exemption.
m. Coal severance and conversion tax exemptions.
n. Oil and gas gross production and oil extraction tax exemptions.
o. Fuel tax refunds for certain users.
p. New jobs credit from income tax withholding.
q. Development or renewal area incentives.
r. Sales and use tax exemption for materials used to construct a fertilizer or
chemical processing facility.
s. Sales and use tax exemption for materials used in compressing, gathering,
collecting, storing, transporting, or injecting carbon dioxide for use in enhanced
recovery of oil or natural gas.
t. Sales and use tax exemption for enterprise information technology equipment
and computer software used in a qualified data center.
u. Sales and use tax exemption for raw materials, single-use product contact
systems, and reagents used for biologic manufacturing.
v. Sales and use tax exemption for materials used to construct or expand a coal
processing facility that utilizes coal as a feedstock.
4. By October first of each odd-numbered year, the interim committee assigned the study
responsibility under this section shall determine and approve:
a. The economic development tax incentives under subsection 3 which will be
designated for analysis during that interim and a plan to provide for analysis of
the remaining economic development tax incentives under subsection 3 within
the six-year period.
b. The perceived goals of the legislative assembly in creating or altering each
incentive designated for analysis, for use as a baseline for committee analysis of
the incentive.
c. The data and testimony that will be required to conduct an effective analysis of
each incentive designated for analysis.
5. The department of commerce, tax commissioner, economic development foundation,
and any other state agency or instrumentality shall provide data and analysis as
requested by the interim committee conducting the analysis under this section.
a. If data is not available, the entity requested to provide the information shall advise
the committee how the data could be obtained and the estimated cost of
obtaining the data.
b. If data is available but cannot be shared with the committee, the entity requested
to provide the information shall explain the reason and whether there are options
that could be used to obtain the data or an adequate substitute for the data.
6. The interim committee conducting the analysis under this section shall report its
findings and recommendations together with any legislation required to implement
those recommendations to the legislative management.
### § 54-35-27. Legislative interim committee review of state agency fees.

1. The legislative management shall assign to one or more interim committees a study of
selected state agency fees as provided in this section.
a. By July 1, 2022, each state agency that is authorized to impose forty fees or
fewer shall submit a report to the office of management and budget including:
(1) The amount of each fee;
(2) When the fee was implemented;
(3) Why the fee is set at the specific dollar amount;

(4) Where the fee is deposited; and
(5) Whether the fee is critical for the budget of the agency.
b. By July 1, 2024, each state agency that is authorized to impose more than forty
fees shall submit a report to the legislative management including:
(1) The amount of each fee;
(2) When the fee was implemented;
(3) Why the fee is set at the specific dollar amount;
(4) Where the fee is deposited; and
(5) Whether the fee is critical for the budget of the agency.
c. By September first in the year the reports are received, the office of management
and budget shall compile all of the reports into a single report and provide the
report to the legislative management.
2. In addition to the report required under subsection 1, each state agency shall provide
an analysis of each fee. The analysis must include:
a. A comparison of revenue generated by the fee to the cost incurred to provide the
services associated with the fee;
b. The history of the fee, including when it was created and any subsequent
changes;
c. The appropriateness of the fee amount and the affordability of the fee to the
public; and
d. The appropriateness of using other government revenues to pay a portion of
services associated with the fee and the effect of the use of other revenues.
3. An interim committee assigned a fee study shall:
a. Make a recommendation regarding the fee which identifies whether the fee
should remain unchanged or be eliminated, increased, decreased, or otherwise
modified and the rationale for the recommendation.
b. Report its findings and recommendations to the legislative management. As part
of its recommendations, the committee shall identify potential state agency fees
to be reviewed during the subsequent interim.
4. Any state agency authorized by the legislative assembly to impose a fee shall provide
data, analysis, and other information as requested by the interim committee
conducting a study under this section.
5. Fees to be examined under this section include those deposited in the general fund or
the agency operating budget.
6. If a state agency is unable to meet the deadline imposed under subsection 1, the state
agency may appeal to the legislative management for an extension.
7. Notwithstanding any other provision of law, state agencies may not establish any new
fees under chapter 28-32 unless the fee was approved by the legislative assembly, the
budget section, or the emergency commission.
8. By July first of each even-numbered year, each agency that has fees shall provide a
report to the legislative management indicating whether any fees were added, deleted,
or changed during the course of the biennium.
