Bill Summary – FastDemocracy

0284.01000
     Sixty-eighth
     Legislative Assembly                    SENATE BILL NO. 2029
     of North Dakota
     Introduced by
       Legislative Management
       (Government Finance Committee)
  A BILL for an Act to amend and reenact sections 54-16-04.1 and 54-16-04.2 of the North
  Dakota Century Code, relating to emergency commission and budget section approval to
  accept and disburse federal funds and state special funds.
  BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
      SECTION 1. AMENDMENT. Section 54-16-04.1 of the North Dakota Century Code is
  amended and reenacted as follows:
      54-16-04.1. May authorize acceptance and disbursement of federal funds.
      1.   The emergency commission, upon the advice and counsel of the office of
           management and budget, may authorize the state treasurer to receive any moneys not
          appropriated by the legislative assembly which are made available by any federal
          agency and which the legislative assembly has not indicated an intent to reject.
     2.   The emergency commission may authorize passthrough federal funds from one state
          agency to another state agency. A request to expend federal funds received by a state
          agency and passed through to any other state agency may be approved only under
          this section.
     3.   The emergency commission, with approval of the budget section of the legislative
          management if the amount under consideration exceeds fifty thousand dollars but
          does not exceed three million dollars, may authorize any state officer to receive and
          expend federal moneys from the date such moneys become available until June
          thirtieth following the next regular legislative session.
     4.   The emergency commission, with approval of the budget section of the legislative
          management if the amount under consideration exceeds three million dollars, may
          authorize any state officer to receive and expend federal moneys from the date such
          moneys become available until June thirtieth following the next regular legislative
                                               Page No. 1                       23.0284.01000
     Sixty-eighth
     Legislative Assembly
           session. The budget section may approve a request under this subsection in the form
           received from the emergency commission or may amend and approve a request. A
           request amended and approved by the budget section is deemed to be approved by
           the emergency commission. Any request considered by the budget section must
           comply with section 54-35-02.9.
      5.   Any federal funds made available to this state which are not for a specific purpose or
           program and which are not required to be spent prior to the next regular legislative
           session, upon the approval for acceptance by the emergency commission and the
           budget section of the legislative management, must be deposited into a
          specialseparate fund until the legislative assembly appropriates the funds.
     6.   a.   Approval by the budget section of the legislative management is not required for
               the acceptance of federal funds if the acceptance is necessary to avoid an
               imminent threat to the safety of people or property due to a natural disaster or
               war crisis or an imminent financial loss to the state.
          b.   Budget section approval is required under this section before the expenditure of
               any funds accepted under these conditions.
     7.   The expenditures must be consistent with state law and with the terms of the grant
          and the program may not commit the legislative assembly for matching funds in the
          future unless the program has first been approved by the legislative assembly.
     8.   A state officer may not expend funds received from the federal government which
          have not been specifically appropriated by the legislative assembly except as provided
          in this chapter.
     9.   A state officer shall submit an expenditure plan with a request for approval under this
          section of expenditure of federal funds combined with or as part of a block grant for a
          new or existing program.
    10.   The aggregatecumulative amount of requests to expend funds that may be approved
          each biennium under this section may not exceed fifty million dollarsan amount equal
          to two percent of the current biennial state general fund budget as approved by the
          most recently adjourned special or regular session of the legislative assembly. Any
          request received under this section which, if approved, would result in more than fifty
          million dollars of fundsan amount equal to two percent of the current biennial state
                                              Page No. 2                        23.0284.01000
     Sixty-eighth
     Legislative Assembly
           general fund budget being approved for expenditure under this section during the
           biennium may be approved only by the legislative assembly during a regular legislative
           session or during a special legislative session called by the governor.
     11.   Any request received under this section to expend funds received through a federal
           act that makes available to the state more than fifty million dollars to the statean
           amount equal to two percent of the current biennial state general fund budget as
           approved by the most recently adjourned special or regular session of the legislative
           assembly may be approved only by the legislative assembly during a regular
           legislative session or a special legislative session called by the governor.
    12.   Subsections 10 and 11 do not apply to federal highway administration emergency
          relief funding received by the state or to disaster or emergency recovery funding
          received by the state pursuant to section 37-17.1-23.
    SECTION 2. AMENDMENT. Section 54-16-04.2 of the North Dakota Century Code is
 amended and reenacted as follows:
    54-16-04.2. Commission may authorize acceptance and expenditure of moneysstate
 special funds and other sources.
     1.   Upon a finding that an emergency exists, the emergency commission, upon the advice
          of the office of management and budget, with approval of the budget section of the
          legislative management if the amount under consideration exceeds fifty thousand
          dollars but does not exceed three million dollars, may authorize a state officer to
          receive and expend moneys from gifts, grants, donations, or other sources, not
          otherwise appropriated by the legislative assembly, for new or existing programs if the
          legislative assembly has not indicated an intent to reject the moneys or the program.
     2.   Upon a finding that an emergency exists, the emergency commission, upon the advice
          of the office of management and budget, with approval of the budget section of the
          legislative management if the amount under consideration exceeds three million
          dollars, may authorize a state officer to receive and expend moneys from gifts, grants,
          donations, or other sources, not otherwise appropriated by the legislative assembly,
          for new or existing programs if the legislative assembly has not indicated an intent to
          reject the moneys or the program. The budget section may approve a request under
          this subsection in the form received from the emergency commission or may amend
                                              Page No. 3                          23.0284.01000
     Sixty-eighth
     Legislative Assembly
           and approve a request. A request amended and approved by the budget section is
           deemed to be approved by the emergency commission. Any request considered by
           the budget section must comply with section 54-35-02.9.
      3.   A state officer receiving authorization to expend money under this section may expend
           the money from the date the money becomes available until June thirtieth following the
           next regular legislative session. Approval by the budget section of the legislative
           management is not required for the acceptance of moneys under this section if the
           acceptance is necessary to avoid an imminent threat to the safety of people or
           property due to a natural disaster or war crisis or an imminent financial loss to the
          state. Budget section approval is required before the expenditure of any funds
          accepted under these conditions.
     4.   The aggregatecumulative amount of requests to expend funds which may be
          approved each biennium under this section may not exceed five million dollarsan
          amount equal to one percent of the current biennial state general fund budget as
          approved by the most recently adjourned special or regular session of the legislative
          assembly. Any request received under this section which, if approved, would result in
          more than five million dollarsan amount equal to one percent of the current biennial
          state general fund budget being approved for expenditures under this section during
          the biennium may be approved only by the legislative assembly during a regular
          legislative session or during a special legislative session called by the governor.
                                              Page No. 4                         23.0284.01000
Statutes affected: 
INTRODUCED: 54-16-04.1, 54-16-04.2
FIRST ENGROSSMENT: 54-16-04.1, 54-16-04.2
Enrollment: 54-16-04.1, 54-16-04.2