21.0215.01000
Sixty-seventh
Legislative Assembly SENATE BILL NO. 2207
of North Dakota
Introduced by
Senators Lee, Bekkedahl, Dever
Representatives M. Johnson, Porter, Westlind
1 A BILL for an Act to amend and reenact section 54-16-03 of the North Dakota Century Code,
2 relating to submissions to the emergency commission; and to repeal section 54-16-03.1 of the
3 North Dakota Century Code, relating to emergency requests.
4 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
5 SECTION 1. AMENDMENT. Section 54-16-03 of the North Dakota Century Code is
6 amended and reenacted as follows:
7 54-16-03. Unlawful to expend more than appropriated - May secure approval from
8 commission for use of other funds - Deficit void - Submission of petition to emergency
9 commission.
10 1. A state officer may not expend, or agree or contract to expend, any amount in excess
11 of the sum appropriated for that expenditure, and may not expend an amount
12 appropriated for any specific purpose or fund or for any other purpose without prior
13 approval in the form of a transfer approval or expenditure authorization as provided in
14 this chapter. The
15 2. When an emergency exists, a state officer may submit to the secretary of the
16 emergency commission an itemized petition requesting approval to:
17 a. Transfer money and spending authority between funds or line items pursuant to
18 section 54-16-04;
19 b. Accept and expend federal funds pursuant to section 54-16-04.1;
20 c. Accept and expend state contingency funds pursuant to section 54-16-09;
21 d. Accept and expend other funds pursuant to section 54-16-04.2; or
22 e. Recommend full-time equivalent positions pursuant to section 54-16-04.3.
23 3. The secretary of the emergency commission shall provide a copy of each petition
24 submitted under this section to the office of management and budget shall provide
Page No. 1 21.0215.01000
Sixty-seventh
Legislative Assembly
1 information to the emergency commission with respect to all emergency requests. The
2 office of management and budget may provide an analysis and prioritization of
3 emergency requests to the emergency commission.
4 4. Any petition to the emergency commission by a state officer must be considered by
5 the emergency commission. A petition under this section must be approved or
6 recommended by the emergency commission before submission for consideration by
7 the budget section.
8 5. Any debt or deficit created by a state officer in violation of this section is void.
9 SECTION 2. REPEAL. Section 54-16-03.1 of the North Dakota Century Code is repealed.
Page No. 2 21.0215.01000

Statutes affected:
INTRODUCED: 54-16-03, 54-16-03.1
Enrollment: 54-16-03, 54-16-03.1