21.0951.01000
Sixty-seventh
Legislative Assembly HOUSE BILL NO. 1494
of North Dakota
Introduced by
Representatives Mock, Heinert, Ista, M. Ruby, Schauer, Stemen, Vetter
Senator Meyer
1 A BILL for an Act to create and enact a new section to chapter 54-60 of the North Dakota
2 Century Code, relating to a law enforcement grant program; to provide for a legislative
3 management report; to provide a penalty; and to provide an appropriation.
4 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
5 SECTION 1. A new section to chapter 54-60 of the North Dakota Century Code is created
6 and enacted as follows:
7 Law enforcement officer retention program - Grants - Penalty - Report to legislative
8 management.
9 1. For purposes of this section:
10 a. "Employer" means the North Dakota state university police department, the North
11 Dakota state college of science police department, the university of North Dakota
12 police department, a county sheriff's department, or a city police department.
13 b. "Law enforcement officer" means an individual who is licensed to perform peace
14 officer law enforcement duties under chapter 12-63 and employed by an
15 employer. The term does not include an individual eligible for the retention bonus
16 program under section 54-06-31.
17 2. The department of commerce shall establish and implement a law enforcement officer
18 retention program for the retention of law enforcement officers through grants to
19 employers.
20 3. Subject to legislative appropriations, each biennium the department of commerce shall
21 award one dollar in matching grants for every two dollars dedicated by an employer for
22 the retention of law enforcement officers.
23 4. The department of commerce shall give preference to employers that include
24 professional development requirements in the written policy under subsection 6.
Page No. 1 21.0951.01000
 Sixty-seventh
Legislative Assembly
1 5. If the remaining funds are insufficient to provide a matching grant as specified under
2 subsection 3, the department of commerce may award a lesser amount.
3 6. To be eligible for a grant under this section, a law enforcement officer's employer shall:
4 a. Have a written policy identifying eligible positions and provisions for providing
5 and receiving bonuses;
6 b. Submit a copy of the written policy to the department of commerce;
7 c. Submit an application for matching funds to the department of commerce; and
8 d. Provide a report to the department of commerce for each bonus awarded under
9 the program.
10 7. In addition to the eligibility requirements under subsection 6, a law enforcement officer
11 is eligible to receive a retention bonus under this section if:
12 a. The law enforcement officer has been a sworn officer with the employer for at
13 least one year before a bonus is awarded; and
14 b. The law enforcement officer has not received a bonus under this section within
15 the past two years.
16 8. A retention bonus may not exceed ten percent of the law enforcement officer's annual
17 salary. If within two years the law enforcement officer who receives a bonus under this
18 section is no longer employed by the employer who awarded the bonus, the law
19 enforcement officer shall return the bonus and the employer shall return any grant
20 funds to the department of commerce.
21 9. If a law enforcement officer fails to return a bonus under subsection 8, the attorney
22 general shall order and collect a civil penalty not to exceed the amount of the bonus.
23 10. By May first of each even numbered year, the department of commerce shall provide a
24 report to the legislative management on the implementation, progress, and bonuses
25 provided under this section.
26 11. Bonuses paid under this section are not fiscal irregularities under section 54-14-03.1.
27 12. The department of commerce shall adopt any rules necessary to implement this
28 section.
29 SECTION 2. APPROPRIATION. There is appropriated out of any moneys in the general
30 fund in the state treasury, not otherwise appropriated, the sum of $250,000, or so much of the
31 sum as may be necessary, to the department of commerce for the purpose of implementing the
Page No. 2 21.0951.01000
 Sixty-seventh
Legislative Assembly
1 law enforcement retention program, for the biennium beginning July 1, 2021, and ending
2 June 30, 2023.
Page No. 3 21.0951.01000