19.8035.01000
Sixty-sixth
Legislative Assembly HOUSE BILL NO. 1079
of North Dakota
Introduced by
Government and Veterans Affairs Committee
(At the request of the State Auditor)
1 A BILL for an Act to amend and reenact section 54-12-08 of the North Dakota Century Code,
2 relating to special assistant attorneys general.
3 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
4 SECTION 1. AMENDMENT. Section 54-12-08 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 54-12-08. Assistant and special assistant attorneys general - Appointment -
7 Revocation - Compensation.
8 1. After consultation with the head of the state department or institution or with the state
9 board, commission, committee, or agency affected, the attorney general may appoint
10 assistant or special assistant attorneys general to represent the state board,
11 commission, committee, or agency. A state officer, head of any state department,
12 whether elected or appointed, or state department, board, commission, committee, or
13 agency may not employ legal counsel, and no person may act as legal counsel in any
14 matter, action, or proceeding in which the state or any state department, board,
15 commission, committee, or agency is interested or is a party, except upon written
16 appointment by the attorney general. Workforce safety and insurance, the state
17 auditor, the department of transportation, the state tax commissioner, the public
18 service commission, the insurance commissioner, and the securities commissioner
19 may employ attorneys to represent them. These entities shall pay the salaries and
20 expenses of the attorneys they employ within the limits of legislative appropriations.
21 The attorneys that represent these entities must be special assistant attorneys general
22 appointed by the attorney general pursuant to this section. Absent good cause, the
23 attorney general shall appoint as special assistant attorneys general licensed
24 attorneys selected by these entities. The attorney general may revoke the appointment
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1 only for good cause or upon the request of the entity. Good cause means an
2 inadequate level of experience, competence, or ethical standards.
3 2. The powers conferred upon special assistant attorneys general are the same as are
4 exercised by the regular assistant attorneys general, unless the powers are limited
5 specifically by the terms of the appointment. Except as otherwise provided by this
6 section, an appointment is revocable at the pleasure of the attorney general. The
7 appointment may be made with or without compensation, and when compensation is
8 allowed by the attorney general for services performed, the compensation must be
9 paid out of the funds appropriated therefor.
10 3. The attorney general may require payment for legal services rendered by any
11 assistant or special assistant attorney general to any state official, board, department,
12 agency, or commission and those entities shall make the required payment to the
13 attorney general. Moneys received by the attorney general in payment for legal
14 services rendered must be deposited into the attorney general's operating fund.
15 General fund moneys may not be utilized for the payment of legal services provided by
16 the attorneys employed by the attorney general, except for those payments required of
17 the department of human services, state department of health, and the state hospital.
18 4. An assistant or special assistant attorney general appointed to represent the state
19 board of higher education or an institution under the control of the state board of
20 higher education may access and examine any record under the control of the state
21 board of higher education. For purposes of reviewing records under the Family
22 Educational Rights and Privacy Act [20 U.S.C. 1232g; 34 CFR 99] or any other federal
23 privacy law, the assistant or special assistant attorney general is considered a state
24 educational official authorized to access student records.
25 Assistant and special assistant attorneys general - Appointment - Revocation -
26 Compensation. (Contingent effective date - See note)
27 1. After consultation with the head of the state department or institution or with the state
28 board, commission, committee, or agency affected, the attorney general may appoint
29 assistant or special assistant attorneys general to represent the state board,
30 commission, committee, or agency. A state officer, head of any state department,
31 whether elected or appointed, or state department, board, commission, committee, or
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Legislative Assembly
1 agency may not employ legal counsel, and no person may act as legal counsel in any
2 matter, action, or proceeding in which the state or any state department, board,
3 commission, committee, or agency is interested or is a party, except upon written
4 appointment by the attorney general. Workforce safety and insurance, the state
5 auditor, the department of transportation, the state tax commissioner, the public
6 service commission, the insurance commissioner, and the securities commissioner
7 may employ attorneys to represent them. These entities shall pay the salaries and
8 expenses of the attorneys they employ within the limits of legislative appropriations.
9 The attorneys that represent these entities must be special assistant attorneys general
10 appointed by the attorney general pursuant to this section. Absent good cause, the
11 attorney general shall appoint as special assistant attorneys general licensed
12 attorneys selected by these entities. The attorney general may revoke the appointment
13 only for good cause or upon the request of the entity. Good cause means an
14 inadequate level of experience, competence, or ethical standards.
15 2. The powers conferred upon special assistant attorneys general are the same as are
16 exercised by the regular assistant attorneys general, unless the powers are limited
17 specifically by the terms of the appointment. Except as otherwise provided by this
18 section, an appointment is revocable at the pleasure of the attorney general. The
19 appointment may be made with or without compensation, and when compensation is
20 allowed by the attorney general for services performed, the compensation must be
21 paid out of the funds appropriated therefor.
22 3. The attorney general may require payment for legal services rendered by any
23 assistant or special assistant attorney general to any state official, board, department,
24 agency, or commission and those entities shall make the required payment to the
25 attorney general. Moneys received by the attorney general in payment for legal
26 services rendered must be deposited into the attorney general's operating fund.
27 General fund moneys may not be utilized for the payment of legal services provided by
28 the attorneys employed by the attorney general, except for those payments required of
29 the department of human services, state department of health, department of
30 environmental quality, and the state hospital.
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1 4. An assistant or special assistant attorney general appointed to represent the state
2 board of higher education or an institution under the control of the state board of
3 higher education may access and examine any record under the control of the state
4 board of higher education. For purposes of reviewing records under the Family
5 Educational Rights and Privacy Act [20 U.S.C. 1232g; 34 CFR 99] or any other federal
6 privacy law, the assistant or special assistant attorney general is considered a state
7 educational official authorized to access student records.
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Statutes affected: INTRODUCED: 54-12-08
FIRST ENGROSSMENT: 54-12-08