23.1161.01000
Sixty-eighth
Legislative Assembly SENATE BILL NO. 2393
of North Dakota
Introduced by
Legislative Management
1 A BILL for an Act to provide an appropriation for defraying the expenses of the various divisions
2 under the supervision of the director of the office of management and budget; to create and
3 enact a new subsection to section 54-44-11 of the North Dakota Century Code, relating to a
4 facility management operating fund; to amend and reenact sections 54-06-14.7 and 54-21-19,
5 subsection 2 of section 54-52-06.4, and subsection 4 of section 54-52-17 of the North Dakota
6 Century Code, relating to the state leave sharing program, capitol grounds rent collections, and
7 the law enforcement retirement program; to provide for a transfer; to provide an exemption; to
8 provide a report; to provide for a retroactive application; and to provide an effective date.
9 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
10 SECTION 1. APPROPRIATION. The funds provided in this section, or so much of the funds
11 as may be necessary, are appropriated out of any moneys in the general fund in the state
12 treasury, not otherwise appropriated, and from special funds derived from federal funds and
13 other income, to the office of management and budget for the purpose of defraying the
14 expenses of the office of management and budget, for the biennium beginning July 1, 2023,
15 and ending June 30, 2025, as follows:
16 Adjustments or
17 Base Level Enhancements Appropriation
18 Salaries and wages $21,926,979 $1,231,851 $23,158,830
19 Operating expenses 15,663,214 3,729,579 19,392,793
20 Capital assets 764,515 8,567,640 9,332,155
21 Emergency commission contingency fund 400,000 0 400,000
22 Targeted market equity pool 0 82,500,000 82,500,000
23 Guardianship grants 2,450,000 4,650,000 7,100,000
24 Prairie public broadcasting 1,200,000 1,792,450 2,992,450
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1 Community service supervision grants 350,000 0 350,000
2 State student internship program 0 500,000 500,000
3 Governor's emergency education relief 0 3,659,555 3,659,555
4 Deferred maintenance funding pool 0 20,000,000 20,000,000
5 New and vacant FTE funding pool 0 98,200,000 98,200,000
6 Employer retirement contribution pool 0 12,538,779 12,538,779
7 Infrastructure grant 0 200,000 200,000
8 Total all funds $42,754,708 $237,569,854 $280,324,562
9 Less estimated income 8,828,309 137,175,715 146,004,024
10 Total general fund $33,926,399 $100,394,139 $134,320,538
11 Full-time equivalent positions 108.00 2.00 110.00
12 SECTION 2. ONE-TIME FUNDING - EFFECT ON BASE BUDGET - REPORT TO THE
13 SIXTY-NINTH LEGISLATIVE ASSEMBLY. The following amounts reflect the one-time funding
14 items approved by the sixty-seventh legislative assembly for the 2021-23 biennium and the
15 2023-25 biennium one-time funding items included in the appropriation in section 1 of this Act:
16 One-Time Funding Description 2021-23 2023-25
17 Griggs County medical center grant $500,000 $0
18 Facility consolidation study 350,000 0
19 Special assessments on capitol grounds 300,000 0
20 Interior and exterior signage projects 500,000 0
21 Statewide budget software 1,230,100 0
22 Capitol accessibility improvements 750,000 0
23 Legislative wing ventilation improvements 7,000,000 0
24 Pierce County medical center grant 1,000,000 0
25 Accrued leave retirement payouts 0 100,369
26 Inflationary increases 0 340,000
27 Capitol accessibility consulting 25,000 50,000
28 Accessibility improvements - legislative areas 0 150,000
29 State employee leave management system 0 335,000
30 Cash management study 0 450,000
31 Procurement software 2,021,204 400,000
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1 Building automation project 518,800 800,000
2 Extraordinary repairs 500,000 250,000
3 Capitol space utilization improvements 0 2,500,000
4 Central services software and equipment 0 573,800
5 Governor's residence improvements 0 100,000
6 Brynhild Haugland room remodeling project 0 250,000
7 Capitol window replacement project 0 4,000,000
8 Deferred maintenance projects 10,000,000 20,000,000
9 Prairie public broadcasting grants 0 1,792,450
10 State student internship program 100,000 500,000
11 Governor's emergency education relief 0 3,659,555
12 Infrastructure grant 0 200,000
13 Total all funds $24,795,104 $36,451,174
14 Less estimated income 24,695,104 29,934,355
15 Total general fund $100,000 $6,516,819
16 The 2023-25 biennium one-time funding amounts are not a part of the entity's base budget
17 for the 2025-27 biennium. The office of management and budget shall report to the
18 appropriations committees of the sixty-ninth legislative assembly on the use of this one-time
19 funding for the biennium beginning July 1, 2023, and ending June 30, 2025.
20 SECTION 3. APPROPRIATION - COMMUNITY SERVICE SUPERVISION FUND. Any
21 moneys in the community service supervision fund under section 29-26-22 are appropriated to
22 the office of management and budget for distribution to community corrections association
23 regions on or before August first of each year for the biennium beginning July 1, 2023, and
24 ending June 30, 2025.
25 SECTION 4. APPROPRIATION - TRANSFER OF APPROPRIATION AUTHORITY -
26 FEDERAL STATE FISCAL RECOVERY FUND - EXEMPTION - SPENDING RESTRICTION -
27 REPORT.
28 1. Notwithstanding any other provision of law, on December 1, 2024, the office of
29 management and budget shall transfer any uncommitted federal state fiscal recovery
30 fund appropriation authority from the state agency that received the appropriation
31 authority to the department of corrections and rehabilitation for the purpose of
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1 defraying the expenses of salaries and wages and other operating costs of the
2 department of corrections and rehabilitation for the biennium beginning July 1, 2023,
3 and ending June 30, 2025.
4 2. The office of management and budget shall transfer any uncommitted accumulated
5 interest and earnings of the federal state fiscal recovery fund to the department of
6 corrections and rehabilitation during the biennium beginning July 1, 2023, and ending
7 June 30, 2025. Any interest and earnings received by the department of corrections
8 and rehabilitation under this section are appropriated to the department for the
9 purpose of defraying the expenses of salaries and wages and other operating costs of
10 the department for the biennium beginning July 1, 2023, and ending June 30, 2025.
11 3. The department of corrections and rehabilitation may not spend general fund savings
12 resulting from the use of the federal state fiscal recovery fund moneys.
13 4. The office of management and budget shall report to the budget section regarding any
14 appropriation authority and interest and earnings transferred under this section.
15 SECTION 5. TRANSFER - TAX RELIEF FUND OR SOCIAL SERVICES FUND TO
16 HUMAN SERVICE FINANCE FUND. The office of management and budget shall transfer the
17 sum of $200,000,000 from the tax relief fund or the social services fund under section
18 57-51.1-07.5 to the human service finance fund during the biennium beginning July 1, 2023,
19 and ending June 30, 2025.
20 SECTION 6. TRANSFER - STATE STUDENT INTERNSHIP PROGRAM FUNDS TO
21 STATE AGENCIES. The office of management and budget shall transfer funds from the state
22 student internship program line item in section 1 of this Act to eligible state agencies for student
23 internships during the biennium beginning July 1, 2023, and ending June 30, 2025.
24 SECTION 7. TRANSFER - STRATEGIC INVESTMENT AND IMPROVEMENTS FUND TO
25 GENERAL FUND. The office of management and budget shall transfer the sum of $50,000,000
26 from the strategic investment and improvements fund to the general fund during the biennium
27 beginning July 1, 2023, and ending June 30, 2025.
28 SECTION 8. TRANSFER - STRATEGIC INVESTMENT AND IMPROVEMENTS FUND TO
29 NORTH DAKOTA DEVELOPMENT FUND. The office of management and budget shall transfer
30 the sum of $30,000,000 from the strategic investment and improvements fund to the North
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1 Dakota development fund for programs under chapter 10-30.5, during the biennium beginning
2 July 1, 2023, and ending June 30, 2025.
3 SECTION 9. ESTIMATED INCOME - STRATEGIC INVESTMENT AND IMPROVEMENTS
4 FUND - DEFERRED MAINTENANCE FUNDING POOL - EXEMPTION - TRANSFER TO
5 STATE AGENCIES. The sum of $20,000,000 included in the deferred maintenance funding pool
6 line item in section 1 of this Act and identified as one-time funding in section 2 of this Act is from
7 the strategic investment and improvements fund for a deferred maintenance funding pool. The
8 office of management and budget may use up to $12,700,000 from the deferred maintenance
9 funding pool, including up to $12,000,000 for a boiler replacement project in the capitol and up
10 to $700,000 for a water mitigation project at the liberty memorial building. Notwithstanding any
11 other provision of law, the office of management and budget shall transfer funds from the
12 deferred maintenance funding pool line item in section 1 of this Act to other eligible state
13 agencies for deferred maintenance.
14 SECTION 10. ESTIMATED INCOME - CAPITOL BUILDING FUND. The sum of $5,550,000
15 included in the capital assets line item in section 1 of this Act and identified as one-time funding
16 in section 2 of this Act is from the capitol building fund for the following:
17 1. $150,000 for accessibility improvements in legislative areas of the capitol;
18 2. $800,000 for a building automation project;
19 3. $250,000 for electrical and mechanical repairs;
20 4. $100,000 for security improvements at the governor's residence;
21 5. $250,000 for a remodeling project in the Brynhild Haugland room in the capitol; and
22 6. $4,000,000 for a capitol window replacement project.
23 SECTION 11. OPERATING EXPENSES LINE ITEM - CASH MANAGEMENT STUDY -
24 OFFICE OF MANAGEMENT AND BUDGET - REPORT TO LEGISLATIVE MANAGEMENT.
25 The operating expenses line item in section 1 of this Act includes the sum of $450,000 from the
26 general fund for the purpose of the office of management and budget procuring consulting
27 services to conduct a study and develop recommendations for improvement of the cash
28 management practices of the state, for the biennium beginning July 1, 2023, and ending
29 June 30, 2025. The study must include cash management practices employed by the Bank of
30 North Dakota, state treasurer, retirement and investment office, board of university and school
31 lands, and other agencies as determined by the office of management and budget. The office of
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1 management and budget shall report to the legislative management before September 30,
2 2024, regarding the findings and recommendations resulting from its study.
3 SECTION 12. INFRASTRUCTURE GRANT LINE ITEM - RURAL SENIOR CENTER. The
4 infrastructure grant line item in section 1 of this Act includes the sum of $200,000 from the
5 general fund for the purpose of providing a rural senior center infrastructure grant to an
6 organization in Wells County located in a city with a population between 1,500 and 1,800
7 according to the 2020 census, for the biennium beginning July 1, 2023, and ending June 30,
8 2025.
9 SECTION 13. GRANTS AND SPECIAL ITEMS. Section 1 of this Act includes appropriation
10 authority which may be used only for the following grants and special items:
11 Unemployment insurance $1,800,000
12 Capitol grounds planning commission $25,000
13 Statewide memberships and related expenses $685,657
14 SECTION 14. TARGETED MARKET EQUITY COMPENSATION ADJUSTMENTS -
15 GUIDELINES - EXEMPTION - TRANSFER OF APPROPRIATION AUTHORITY - BUDGET
16 SECTION REPORT.
17 1. The targeted market equity pool line item in section 1 of this Act includes $45,100,000
18 from the general fund and $37,400,000 from special funds derived from federal funds
19 and other income for the purpose of providing compensation adjustments for executive
20 branch state employees in accordance with provisions of this section for the period
21 beginning May 10, 2023, and ending June 30, 2025.
22 2. The targeted market equity compensation adjustments must be prioritized based on a
23 statewide plan prepared by the office of management and budget based on the
24 funding available in the pool. The plan must address occupational market disparities,
25 recruitment and retention challenges, and external pay inequities for employees who
26 are critical to the mission of the agency. Employees whose documented performance
27 levels do not meet standards are not eligible for the market equity compensation
28 adjustments.
29 3. All targeted market equity compensation adjustments must be provided by July 1,
30 2023.
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1 4. The funding allocated to each agency must be used for the cost to continue the
2 compensation adjustments for the 2023-25 biennium, including the effect of the market
3 equity adjustments on funding needed for the salary increases authorized by the
4 legislative assembly in section 21 of this Act.
5 5. Notwithstanding any other provision of law, the office of management and budget shall
6 transfer appropriation authority from the targeted market equity funding pool to eligible
7 executive branch state agencies for approved targeted market equity salary
8 adjustments.
9 6. The office of management and budget shall provide a report to the budget section
10 regarding the statewide plan, any changes to the plan presented to the sixty-eighth
11 legislative assembly, and the appropriation authority transferred from the pool.
12 SECTION 15. STATE EMPLOYEE COMPENSATION ADJUSTMENTS - GUIDELINES.
13 1. The 2023-25 biennium compensation adjustments for permanent state employees are
14 to average 6 percent per eligible employee for the first fiscal year of the biennium and
15 are to average 4 percent per eligible employee for the second year of the biennium.
16 The increases for the first year of the biennium are to be given beginning with the
17 month of July 2023, to be paid in August 2023, and for the second year of the
18 biennium are to be given beginning with the month of July 2024, to be paid in
19 A