Budget Section

Duties

Approve Emergency Commission authorization of the Governor's expenditure of federal funds accepted by the Governor's office. (2023 Senate Bill No. 2001 § 3)

Approve any Department of Transportation project that utilizes more than $10 million from the flexible transportation fund, except for projects that match federal or private funds and the amount utilized from the fund is 50 percent or less of total project costs. Any request considered by the Budget Section must comply with Section 54-35-02.9. (2023 Senate Bill No. 2015 § 31 & House Bill No. 1012 § 10) (NDCC § 24-02-37.3)

Approve Emergency Commission authorization of requests by the Department of Water Resources to increase carryover spending authority of funds appropriated in the 2021-23 biennium into the 2023-25 biennium. (2023 Senate Bill No. 2020 § 21)

Approve payment by the State Water Commission to the Bank of North Dakota in the amount of the default certified to the Budget Section by the Bank of North Dakota if the Western Area Water Supply Authority defaults on its payment of principal or interest on the infrastructure revolving loan under the new section to Chapter 61-40. (2023 Senate Bill No. 2196 § 2)

Review and report on budget data prepared by the Director of the Budget.

Approve any purchase of commercial or residential property by the Board of University and School Lands as sole owner. (NDCC § 15-03-04)

Authorize the State Board of Higher Education to authorize building construction or campus improvements and building maintenance of more than $700,000, if financed by donations. (NDCC § 15-10-12.1)

Approve a comprehensive statewide land acquisition plan established by the Director of the Game and Fish Department and every land acquisition of more than 10 acres or exceeding $10,000 by the Game and Fish Department. (NDCC § 20.1‑02‑05.1)

Authorize the Game and Fish Department to spend money in the game and fish fund if the balance would be reduced below $15 million. (NDCC § 20.1-02-16.1)

Authorize the Life Skills and Transition Center to provide services under contract with a governmental or nongovernmental person. (NDCC § 25-04-02.2)

Approve a waiver of exemption of state property in a city from special assessments levied for flood control purposes. (NDCC § 40‑23‑22.1)

Approve the change or expansion of, or any additional expenditure for, a state building construction project approved by the Legislative Assembly, but if within 6 months before or 3 months after a regular session the authorization is limited to changes in project scope and related expenditures resulting from an unforeseen emergency event. (NDCC § 48-01.2-25)

Approve the termination of the federal food stamp or energy assistance program. (NDCC § 50-06-05.1)

Approve the purchase or lease of an airworthy aircraft not otherwise replacing an aircraft with only insurance proceeds by a state agency or entity of state government, other than the Adjutant General or the University of North Dakota School of Aviation, if the Legislative Assembly is not in session. (NDCC § 54-06-37)

Approve transfers of money or spending authority which would eliminate or make impossible accomplishment of a program or objective funded by the Legislative Assembly. (NDCC § 54-16-04(1))

Approve transfers exceeding $50,000 from one fund or line item to another unless necessary to comply with a court order or to avoid imminent threat to safety or imminent financial loss to the state. (NDCC § 54-16-04(2))

Approve, with the Emergency Commission, acceptance of any federal funds made available to the state which are not for a specific purpose or program and which are not required to be spent before the next regular legislative session for deposit in a special fund until the Legislative Assembly appropriates the funds. (NDCC § 54-16-04.1(4))

Approve Emergency Commission authorization of a state officer's acceptance of federal funds in excess of $50,000 if the acceptance of funds is not 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. (NDCC § 54-16-04.1)

Approve Emergency Commission authorization of a state officer's expenditure of federal funds in excess of $50,000 if the acceptance of funds 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. (NDCC § 54-16-04.1)

Approve Emergency Commission authorization of a state officer's acceptance of funds in excess of $50,000 if the acceptance of funds is not 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. (NDCC § 54-16-04.2)

Approve Emergency Commission authorization of a state officer's expenditure of funds in excess of $50,000 if the acceptance of funds 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. (NDCC § 54-16-04.2)

Approve, on the advice of the Office of Management and Budget and the recommendation of the Emergency Commission, a state officer to employ full-time equivalent positions in addition to those authorized by the Legislative Assembly. (NDCC § 54‑16‑04.3)

Approve Emergency Commission authorization of transfer of spending authority from the state contingencies appropriation in excess of $50,000 if the transfer is not 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. (NDCC § 54-16-09)

Approve use of the preliminary planning revolving fund. (NDCC § 54-27-22)

Approve use of cashflow financing. (NDCC § 54-27-23)

Consider specific actions, projects, and transfers. (NDCC § 54-35-02.9)

Prescribe the form of budget information prepared by the Director of the Budget. (NDCC § 54-44.1-07)

Object to any allotment by the Director of the Budget, any expenditure of a budget unit, or any failure to make an allotment or expenditure if the action or failure to act is contrary to legislative intent. (NDCC § 54-44.1-12.1)

Approve the reduction of budgets due to initiative or referendum action. (NDCC § 54-44.1-13.1)

Approve execution by the Information Technology Department of proposed agreement to finance the purchase of software, equipment, or implementation of services in excess of $1 million. (NDCC § 54-59-05(4))

Approve any donation from funds the donor has not designated or conditioned the use of for a specific purpose to the state parks gift fund in excess of $50,000. (NDCC § 55-08-07.2)

Authorize establishment of casualty insurance organization to provide extraterritorial workforce safety and insurance. (NDCC § 65‑08.1-02)

Hold the required legislative hearings on state plans for the receipt and expenditure of new or revised block grants passed by Congress. (2023 House Concurrent Resolution No. 3001)

Reports

Receive a report from the Legislative Council regarding the use of funding from the new and vacant FTE funding pool including information on new FTE positions, including the date hired; vacant FTE positions, including the dates the positions are vacated and filled; and additional salaries and wages funding needed due to savings from vacant positions being less than anticipated. (2023 House Bill No. 1001 § 6)

Receive a report from the Supreme Court regarding the use of funding from the new and vacant FTE funding pool including information on new FTE positions, including the date hired; vacant FTE positions, including the dates the positions are vacated and filled; and additional salaries and wages funding needed due to savings from vacant positions being less than anticipated. (2023 House Bill No. 1002 § 5)

Receive a report from the Department of Health and Human Services after June 30, 2024, on any transfer made in excess of $50,000 between line items within Section 1 of House Bill No. 1004 (2023), subdivisions 1, 2, and 3 of Section 1 of Senate Bill No. 2012 (2023), and any other appropriation authority for the Department of Health and Human Services approved by the 68^th Legislative Assembly for the biennium beginning July 1, 2023, and ending June 30, 2025. (2023 House Bill No. 1004 § 3)

Receive a report from the Department of Health and Human Services after June 30, 2024, on any transfer made in excess of $50,000 between line items within Section 1 of House Bill No. 1004 (2023), subdivisions 1, 2, and 3 of Section 1 of Senate Bill No. 2012 (2023), and any other appropriation authority for the Department of Health and Human Services approved by the 68^th Legislative Assembly to subdivision 4 of Section 1 of Senate Bill No. 2012 (2023), for the biennium beginning July 1, 2023, and ending June 30, 2025. (2023 House Bill No. 1004 § 4)

Receive a report from the Council on the Arts after June 30, 2024, on any transfer made in excess of $50,000 between line items in Section 1 of House Bill No. 1010 (2023). (2023 House Bill No. 1010 § 5)

Receive periodic reports from the Director of the Department of Transportation on the status of the flexible transportation fund and any projects receiving allocations from the fund. (2023 House Bill No. 1012 § 10) (NDCC § 24-02-37.3)

Receive an annual report from the State Board of Higher Education on adjustments to full-time equivalent positions. (2023 House Bill No. 1020 § 10)

Receive an annual report from the Department of Health and Human Service on the status of the opioid settlement fund and of spending decisions made by the department and political subdivisions under Chapter 50-36. Each political subdivision that recovers and retains moneys as a result of opioid litigation is required to submit to the department an annual  report detailing the decisions of the governing body of the political subdivision regarding use of the moneys. (2023 House Bill No. 1447 § 3)  (NDCC § 50-36-04)

Receive a report from the Governor regarding the source, amount, and purpose of any additional income from other funds, excluding federal funds, which become available to the Governor's Office during the period beginning July 1, 2023, and ending June 30, 2025. (2023 Senate Bill No. 2001 § 3).

Receive a report from the Department of Health and Human Services after June 30, 2024, on any transfer made in excess of $50,000 between line items within subdivisions 1, 2, 3, and 4 of Section 1 of Senate Bill No. 2012 (2023), Section 1 of House Bill No. 1004 (2023), and any remaining appropriation authority for the Department of Health and Human Services approved by the 68^th Legislative Assembly for the biennium beginning July 1, 2023, and ending June 30, 2025. (2023 Senate Bill No. 2012 § 5)

Receive a report from the Office of Management and Budget regarding the transfer on December 1, 2024, of any uncommitted federal State Fiscal Recovery Fund appropriation authority from the state agency that received the appropriation authority to the Department of Corrections and Rehabilitation and the transfer of any uncommitted accumulated interest and earnings of the federal State Fiscal Recovery Fund to the Department of Corrections and Rehabilitation during the biennium beginning July 1, 2023, and ending June 30, 2025. (2023 Senate Bill No. 2015 § 10)

Receive a report from the Office of Management and Budget regarding the statewide plan for providing targeted market equity compensation adjustments to executive branch state employees, any changes to the plan presented to the 68^th Legislative Assembly, and the appropriation authority transferred from the targeted market equity pool. (2023 Senate Bill No. 2015 § 20)

Receive a report from the Office of Management and Budget at each meeting of the Budget Section regarding salaries and wages, vacant position information, and the use of funding from the new and vacant FTE funding pool. (2023 Senate Bill No. 2015 § 22).

Receive a report from the State Retirement and Investment Office each interim regarding the status of the incentive compensation program for full-time equivalent investment and fiscal operations positions, including the provisions of the program; the total amount of incentives paid out to employees each year; and the minimum, maximum, and average payout per eligible full-time equivalent position. (2023 Senate Bill No. 2022 § 5) (NDCC § 54-52.5-04)

Receive a report from the State Retirement and Investment Office before implementation of the incentive compensation program and after approval of the program by the State Investment Board regarding the provisions of the incentive compensation program for full-time equivalent investment and fiscal operations positions. (2023 Senate Bill No. 2022 § 7)

Receive a report from the Legislative Council staff in the fall of 2024 on the status of the state's federal funds receipts for the current biennium and estimated federal funds receipts for the subsequent biennium.

Receive a report from Office of Management and Budget regarding any loans obtained pursuant to Section 6‑09‑15.1. (NDCC § 6‑09‑15.1)

Receive an annual report from the North Dakota State University (NDSU) Extension Service on full-time equivalent position adjustments made. (NDCC § 11-38-12)

Receive an annual report from the Commissioner of University and School Lands on the investment performance of each fund under its control. (NDCC § 15-02-08.1)

Receive a biennial report from each institution under the control of the State Board of Higher Education undertaking a capital construction project that was approved by the Legislative Assembly and for which local funds are to be used which details the source of all funds used in the project. (NDCC § 15-10-12.3)

Receive reports from the Office of Management and Budget, upon request from the Budget Section, regarding the State Board of Higher Education's project variance semiannual reports regarding construction projects valued at more than $250,000. (NDCC § 15-10-47)

Receive an annual report from the NDSU Main Research Center on full-time equivalent position adjustments made. (NDCC § 15‑12.1‑05)

Receive a status report from the State Board of Agricultural Research and Education. (NDCC § 15-12.1-17(10))

Receive a biennial report from the State Fire Marshal summarizing the expenditures by certified fire departments and districts of funds received from the insurance tax distribution fund and reserve fund balances. (NDCC § 18-04-02)

Receive at least semiannual reports from the Legacy and Budget Stabilization Fund Advisory Board (NDCC § 21-10-11)

Receive an annual report from the Adjutant General regarding the income and expenditures made from the North Dakota National Guard service member, veteran, family, and survivor support program. Approve any expenditures from the fund that exceed $500,000 per biennium. (NDCC § 37‑03‑18)

Receive reports on the use of the state disaster relief fund to provide the required state share of funding for expenses associated with presidentially-declared and governor-declared disasters in the state. (NDCC § 37-17.1-27)

Receive a report from the Industrial Commission each biennium on the balance of the abandoned oil and gas well plugging and site reclamation fund and expenditures from the fund. (NDCC § 38-08-04.5)

Receive an annual report from the Division of Community Services on conclusions of annual audits of renaissance fund organizations. (NDCC § 40-63-07(9))

Receive a report from Job Service North Dakota before March 1 of each year on the actual job insurance trust fund balance and the targeted modified average high-cost multiplier, as of December 31 of the previous year, and a projected trust fund balance for the next 3 years. (NDCC § 52-02-17)

Receive a report from the State Treasurer, within 90 days of the beginning of each fiscal year, regarding all warrants and checks outstanding for more than 90 days and less than 3 years. (NDCC § 54-11-01)

Receive reports on fiscal irregularities. (NDCC § 54-14-03.1)

Receive a report from the Housing Finance Agency at least once per biennium regarding the activities of the housing incentive fund (NDCC § 54-17-40)

Receive a report from the Industrial Commission if any order, regulation, or policy of the Industrial Commission has an estimated fiscal effect on the state in excess of $20 million in a biennium. (NDCC § 54-17-42)

Receive a biennial report from the North Dakota Outdoor Heritage Advisory Board (NDCC § 54-17.8-07)

Receive an annual report from the Department of Corrections and Rehabilitation on the department's prison population management plan and inmate admissions and the number of inmates the department has not admitted after sentencing. (NDCC § 54‑23.3‑11)

Receive a report from the Office of Management and Budget at each meeting of the Budget Section regarding the reports received from state agencies, other than entities under the control of the State Board of Higher Education, that have applied for federal grants estimated to be $25,000 or more. (NDCC § 54-27-27)

Receive a report on transfers of funds from the budget stabilization fund to the general fund to offset projected decrease in general fund revenues. (NDCC § 54-27.2-03)

Receive a report from the Director of the Office of Management and Budget on the status of tobacco settlement funds and related information. (NDCC § 54-44-04(23))

Receive a report from the Office of Management and Budget regarding any purchase of oil put options by the State Investment Board to offset reduced general fund oil and gas tax revenues due to oil and gas prices falling below selected levels. (NDCC § 54-44-16)

Receive a report from the Office of Management and Budget in December of even-numbered years regarding commodities and services exempted from state procurement requirements. (NDCC § 54-44.4-02.2)

Receive an annual report from tribal governing bodies regarding investment of oil and gas tax receipts in essential infrastructure and fees, expenses, and charges the tribe imposes on the oil industry. (NDCC § 57-51.2-02)

Receive a report from the State Board of Higher Education on any adjustments or increases of full-time equivalent positions (2021 Senate Bill No. 2020 § 8)