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» 55th (1997)
 - Interim Information: 1997-1998
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Legislative Assembly » 55th (1997)
Prepared by the North Dakota Legislative Council staff for the Budget Section
June 1997

BUDGET SECTION DUTIES AND RESPONSIBILITIES FOR THE 1997-99 BIENNIUM

1997-99 BIENNIUM DUTIES WHICH REQUIRED BUDGET SECTION ACTION DURING THE 1995-97 BIENNIUM

*Duties listed in this section which were assigned by the 1997 Legislative Assembly were also assigned to the Budget Section for the 1995-97 biennium by the 1995 Legislative Assembly.

  1. Higher education campus improvements and building construction (15-10-12.1) - This section allows the State Board of Higher Education, subject to Budget Section approval, to construct buildings and campus improvements financed by donations, gifts, grants, and bequests or to sell real property or buildings which an institution of higher education has received by gift or bequest. The Budget Section approval must include a specific dollar limit for each building or campus improvement project.
  2. Nonresident tuition (15-10-18) - This section provides that the amount of nonresident tuition charged by institutions of higher education will be determined by the State Board of Higher Education, subject to Budget Section approval.
  3. Actions of the Westwood Park Assets Management Committee (25-04-20) - This section directs the Westwood Park Assets Management Committee to take action, subject to Budget Section approval, to sell the property of Westwood Park.
  4. Irregularities in the fiscal practices of the state (54-14-03.1) - This section requires the Office of the Budget to submit a written report to the Budget Section documenting:
    1. Any irregularities in the fiscal practices of the state.
    2. Areas where more uniform and improved fiscal procedures are desirable.
    3. Any expenditures or governmental activities contrary to law or legislative intent.
    4. The use of state funds to provide bonuses, cash incentive awards, or temporary salary adjustments for state employees.
  5. Transfers exceeding $50,000 (54-16-04(2)) - This section allows the Emergency Commission to authorize, subject to Budget Section approval, a transfer exceeding $50,000 from one fund or line item to another. This section does not apply to transfers necessary to comply with a court order, to avoid an imminent threat to the safety of people or property due to a natural disaster or war crisis, or to avoid an imminent financial loss to the state.
  6. Federal funds not appropriated (54-16-04.1) - This section allows the Emergency Commission to authorize, subject to Budget Section approval, the expenditure of federal funds which have not been appropriated and which the Legislative Assembly has not indicated an intent to reject.
  7. Other funds not appropriated (54-16-04.2) - This section allows the Emergency Commission to authorize, subject to Budget Section approval, the receipt of moneys from gifts, grants, donations, or other sources which have not been appropriated and which the Legislative Assembly has not indicated an intent to reject.
  8. Advisory Commission on Intergovernmental Relations (ACIR) planning grants (54-35.2-02.1(3)) - This section requires the ACIR to report annually to the Budget Section on planning grants distributed to counties and cities.
  9. Form of budget data (54-44.1-07) - This section requires the director of the budget to prepare budget data in the form prescribed by the Legislative Council and to present it to the Legislative Assembly at a time and place set by the Legislative Council. The Legislative Council has assigned this responsibility to the Budget Section.
  10. Workers Compensation Bureau report on reinsurance (65-02-13.1) - This section requires the Workers Compensation Bureau to report annually to the Budget Section on any reinsurance contracts negotiated by the bureau.
  11. *Expenditures and transfers from internal service and revolving funds (1997 Session Laws Chapter 15 - 1997 House Bill No. 1015) - Section 26 of this bill requires institutions under the authority of the State Board of Higher Education to receive Budget Section approval of expenditures or transfers greater than $50,000 from internal service funds, except for mandatory transfers for servicing related debt and routine operating expenditures associated with the funds. This bill is effective July 1, 1997.
  12. *Workers Compensation Bureau critical salary adjustments (1997 Session Laws Chapter 26 - House Bill No. 1026) - Section 3 of this bill requires the Workers Compensation Bureau to present a report to the Budget Section on the expenditure of the 1997-99 biennium appropriation of $350,000 for critical salary adjustments. This bill is effective July 1, 1997.
  13. *Report from ethanol plants receiving production incentives (1997 Session Laws Chapter 48 - 1997 Senate Bill No. 2019) - Section 4 of this bill requires any North Dakota ethanol plant receiving production incentives from the state to file with the Budget Section a statement indicating whether the plant produced a profit during the preceding fiscal year, after deducting incentive payments received from the state. This bill is effective July 1, 1997.
  14. Review and report on budget data prepared by the director of the budget (Legislative Council directive) - Pursuant to Legislative Council directive, the Budget Section is to review and report on the budget data prepared by the director of the budget and presented to the Legislative Assembly during the organizational session.

1997-99 BIENNIUM DUTIES WHICH DID NOT REQUIRE BUDGET SECTION ACTION DURING THE 1995-97 BIENNIUM

*Duties listed in this section which were assigned by the 1997 Legislative Assembly were also assigned to the Budget Section for the 1995-97 biennium by the 1995 Legislative Assembly.

  1. State Forester reserve account (4-19-01.2) - This section allows the State Forester to spend moneys in the State Forester reserve account only after receiving Budget Section approval.
  2. Game and Fish Department land acquisitions (20.1-02-05.1) - This section requires the Game and Fish Department to obtain Budget Section approval of every land acquisition of more than 10 acres or $10,000.
  3. Provision of contract services by the Developmental Center (25-04-02.2) - This section provides that, subject to Budget Section approval, the Developmental Center at Westwood Park, Grafton, may provide services under contract with a governmental or nongovernmental person.
  4. Termination of food stamp program (50-06-05.1(17)) - This section provides that, subject to Budget Section approval, the Department of Human Services may terminate the food stamp program if the rate of federal financial participation in administrative costs is decreased or if the state or counties become financially responsible for the coupon bonus payments.
  5. Termination of energy assistance program (50-06-05.1(19)) - This section provides that, subject to Budget Section approval, the Department of Human Services may terminate the energy assistance program if the rate of federal financial participation in administrative costs is decreased or if the state or counties become financially responsible for the energy assistance program payments.
  6. Job insurance trust fund balance (52-02-17) - This section requires Job Service North Dakota to report to the Budget Section if the balance of the job insurance trust fund is projected to fall below $40 million.
  7. Transfers resulting in program elimination (54-16-04(1)) - This section provides that, subject to Budget Section approval, the Emergency Commission may authorize a transfer which would eliminate or make impossible the accomplishment of a program or objective funded by the Legislative Assembly.
  8. Preliminary planning revolving fund (54-27-22) - This section provides that before any funds can be distributed from the preliminary planning revolving fund to a state agency, institution, or department, the Budget Section must approve the request.
  9. Cash flow financing (54-27-23) - This section provides that in order to meet the cash flow needs of the state, the Office of Management and Budget may borrow, subject to Emergency Commission approval, from special funds on deposit in the state treasury. However, the proceeds of any such indebtedness cannot be used to offset projected deficits in state finances unless first approved by the Budget Section. Additional cash flow financing, subject to certain limitations, must be approved by the Budget Section.
  10. Budget stabilization fund (54-27.2-03) - This section provides that any transfer from the budget stabilization fund must be reported to the Budget Section.
  11. Objection to budget allotment or expenditure (54-44.1-12.1) - This section allows the Budget Section to object to a budget allotment or an expenditure of a budget unit if the allotment or expenditure is contrary to legislative intent.
  12. Budget reductions resulting from initiative or referendum action (54-44.1-13.1) - This section provides that, subject to Budget Section approval, the director of the budget may reduce state agency budgets by a percentage sufficient to cover estimated revenue reductions caused by initiative or referendum action.
  13. Extraterritorial workers' compensation insurance (65-08.1-02) - This section authorizes the Workers Compensation Bureau to establish, subject to Budget Section approval, a casualty insurance organization to provide extraterritorial workers' compensation insurance.
  14. *Expenditure of excess income by the Office of Management and Budget (1997 Session Laws Chapter 15 - 1997 House Bill No. 1015) - Section 3 of this bill allows the expenditure, subject to Budget Section approval, of income in excess of $50,000 more than the amount of estimated income appropriated to the Office of Management and Budget for the 1997-99 biennium. This bill is effective July 1, 1997.
  15. *Program terminations or reductions due to reduced federal funding (1997 Session Laws Chapter 15 - 1997 House Bill No. 1015) - Section 13 of this bill requires state agencies, departments, and institutions to receive Budget Section approval for the following:
    1. Requests to terminate a program for which federal funding is terminated during the 1997-99 biennium.
    2. Prioritization of programs necessary to make programmatic reductions if federal funding for separate programs is combined in a block grant, resulting in a reduction of federal funds available for those programs.
    This bill is effective July 1, 1997.
  16. *Transfers between the divisions of the Department of Corrections and Rehabilitation (1997 Session Laws Chapter 45 - 1997 Senate Bill No. 2016) - Section 2 of this bill authorizes the Department of Corrections and Rehabilitation to transfer, with prior Budget Section approval, appropriation authority between the divisions of the department. This bill is effective July 1, 1997.
  17. *Federal block grant hearings (1997 Session Laws Chapter 582 - 1997 House Concurrent Resolution No. 3007) - This resolution authorizes the Budget Section, through September 30, 1999, to hold any required legislative hearings for federal block grants. The Budget Section authority granted by this resolution was effective upon adjournment of the 1997 legislative session.
  18. *Line item transfers by agencies that received program-based appropriations - Effective July 1, 1997, the following agencies involved in the program-based performance budgeting pilot project may transfer from one program line item to another, with prior Budget Section approval, an amount in excess of 10 percent of a line item, as needed to meet established performance measures:
    1. State Auditor (1997 House Bill No. 1004 - 1997 Session Laws Chapter 4).
    2. Office of Management and Budget (1997 House Bill No. 1015 - 1997 Session Laws Chapter 15).
    3. Parks and Recreation Department (1997 House Bill No. 1023 - 1997 Session Laws Chapter 23).
    4. Highway Patrol (1997 Senate Bill No. 2011 - 1997 Session Laws Chapter 40).
    5. Department of Transportation (1997 Senate Bill No. 2012 - 1997 Session Laws Chapter 41).
    6. Commissioner of University and School Lands (1997 Senate Bill No. 2013 - 1997 Session Laws Chapter 42).
    7. Parole and Probation Division of the Department of Corrections and Rehabilitation (1997 Senate Bill No. 2016 - 1997 Session Laws Chapter 45).

NEW DUTIES ASSIGNED TO THE BUDGET SECTION FOR THE 1997-99 BIENNIUM

  1. Investment in real property by the Board of University and School Lands (15-03-04 - 1997 Senate Bill No. 2013) - This section prohibits the Board of University and School Lands from purchasing as sole owner commercial or residential real property without prior approval of the Legislative Assembly or the Budget Section. This bill is effective July 1, 1997.
  2. Children's Services Coordinating Committee grants (54-56-03 - 1997 Senate Bill No. 2014, Sections 2 and 10) - This section provides that the Children's Services Coordinating Committee must seek Budget Section approval before distributing any grants not specifically authorized by the Legislative Assembly. This bill is effective July 1, 1997.
  3. Distribution of insurance payments to fire districts (1997 Session Laws Chapter 10 - 1997 House Bill No. 1010) - Section 8 of this bill directs the Insurance Commissioner to present a report to the Budget Section in December 1998 containing the results of an analysis of the amount of insurance payments distributed to fire districts during fiscal years 1996, 1997, and 1998, and the actions taken to stabilize the distribution of funds to each fire district. This bill is effective July 1, 1997.
  4. Additional full-time equivalent (FTE) positions (1997 Session Laws Chapter 12 - 1997 House Bill No. 1012) - Section 7 of this bill requires the human service centers, State Hospital, and the Developmental Center to report to the Budget Section on the hiring of any FTE positions in addition to those authorized by the Legislative Assembly for the 1997-99 biennium. This bill is effective July 1, 1997.
  5. Welfare reform contingency line item (1997 Session Laws Chapter 12 - 1997 House Bill No. 1012) - Section 9 of this bill provides that the Department of Human Services cannot spend the $159,800 welfare reform contingency line item contained in Section 1 of the bill unless approved by the Budget Section. This bill is effective July 1, 1997.
  6. Department of Human Services computer costs (1997 Session Laws Chapter 12 - 1997 House Bill No. 1012) - Section 19 of this bill provides that the Department of Human Services must receive Budget Section approval before exceeding the costs for certain computer projects listed in this section. If the total cost of the computer projects is less than the appropriated amount, the department may request Budget Section approval to spend the anticipated savings to start additional projects. This bill is effective July 1, 1997.
  7. Waiver of certain requirements relating to the Department of Human Services RESPOND and TEEM projects (1997 Session Laws Chapter 12 - 1997 House Bill No. 1012) - Section 19 of this bill provides that unless a cost allocation plan for the receipt of federal funds is approved by the appropriate federal agency, the Department of Human Services cannot spend the 1997-99 biennium general fund appropriation for the RESPOND computer system, unless this requirement is waived by the Budget Section. This bill also requires that the department meet certain requirements provided by the United States Department of Health and Human Services relating to the RESPOND and TEEM projects, unless the requirements are waived by the Budget Section. This bill is effective July 1, 1997.
  8. Status of the RESPOND computer system (1997 Session Laws Chapter 12 - 1997 House Bill No. 1012) - Section 19 of this bill requires the Department of Human Services to provide periodic reports to the Budget Section during the 1997-99 biennium on the status of the RESPOND computer system, including system costs and benefits and the receipt of federal funds. This bill is effective July 1, 1997.
  9. Developmentally disabled adult children pilot project (1997 Session Laws Chapter 12 - 1997 House Bill No. 1012) - Section 25 of this bill requires the Department of Human Services to seek federal waivers to establish a pilot program to provide a subsidy on behalf of adult developmentally disabled children who reside in their parents' home. This bill requires the department to report to the Budget Section during the 1997-99 biennium on the status of the federal waivers and any recommendations for the project for the 1999-2001 biennium. This bill is effective July 1, 1997.
  10. Human services block grant accountability (1997 Session Laws Chapter 12 - 1997 House Bill No. 1012) - Section 28 of this bill requires the Department of Human Services to report to the Budget Section by June 30, 1998, on human service center, State Hospital, and Developmental Center block grant accountability. This bill is effective July 1, 1997.
  11. Traumatic brain injury program establishment (1997 Session Laws Chapter 12 - 1997 House Bill No. 1012) - Section 29 of this bill provides that the Developmental Center may establish, subject to Budget Section approval, a traumatic brain injury program. This bill is effective July 1, 1997.
  12. Welfare fraud detection programs (1997 Session Laws Chapter 12 - 1997 House Bill No. 1012) - Section 30 of this bill requires the Department of Human Services to provide to the Budget Section, during the 1997-99 biennium, periodic reports on welfare fraud detection programs. This bill is effective July 1, 1997.
  13. Transfer of positions to the Division of Independent Study (1997 Session Laws Chapter 13 - 1997 House Bill No. 1013) - Section 9 of this bill requires the Department of Public Instruction to report to the Budget Section on any transfers of positions to the Division of Independent Study from the other divisions of the department during the 1997-99 biennium. This bill is effective July 1, 1997.
  14. Assessment of State Historical Society (1997 Session Laws Chapter 22 - 1997 House Bill No. 1022) - Section 4 of this bill directs the State Historical Board to assess and evaluate the programs and services of the State Historical Society and present a report on its findings and recommendations to the Budget Section by June 30, 1998. This bill is effective July 1, 1997.
  15. Expenditure of excess local fund revenue by higher education institutions (1997 Session Laws Chapter 32 - 1997 Senate Bill No. 2003) - Section 11 of this bill appropriates any local fund revenue received by higher education institutions in addition to the amounts appropriated in Section 1 of this bill and provides that any additional revenue spent must be reported to the Budget Section. This bill is effective July 1, 1997.
  16. State Board of Higher Education allocations for salaries and wages and technology (1997 Session Laws Chapter 32 - 1997 Senate Bill No. 2003) - Section 16 of this bill requires the State Board of Higher Education to present periodic reports to the Budget Section on allocations made to the institutions of higher education for salaries and wages and technology for the 1997-99 biennium and on recommendations regarding the allocation process for the 1999-2001 biennium. This bill is effective July 1, 1997.
  17. Veterans Home management, budgeting, and accounting practices (1997 Session Laws Chapter 36 - 1997 Senate Bill No. 2007) - Section 3 of this bill requires the commandant of the Veterans Home to present periodic reports to the Budget Section regarding the development and implementation of a corrective plan of action to improve the agency's management, budgeting, and accounting practices. This bill is effective July 1, 1997.
  18. Department of Transportation evaluation of use of airplane (1997 Session Laws Chapter 41 - 1997 Senate Bill No. 2012) - Section 4 of this bill requires the Department of Transportation to evaluate the department's continued use of a 1978 model Cessna airplane and present a report on its evaluation to the Budget Section by November 1998. This bill is effective July 1, 1997.
  19. Administrative costs of regional and tribal children's services coordinating committees (1997 Session Laws Chapter 43 - 1997 Senate Bill No. 2014) - Section 6 of this bill directs the Children's Services Coordinating Committee to conduct an analysis and develop a plan to reduce, by consolidation, the administrative costs of the regional and tribal children's services coordinating committees and present to the Budget Section by October 1, 1998, a report containing its recommendations. This bill is effective July 1, 1997.
  20. North Dakota Agricultural Experiment Station allocations for salaries and wages (1997 Session Laws Chapter 50 - 1997 Senate Bill No. 2064) - Section 6 of this bill requires the vice president of agricultural affairs at North Dakota State University to present periodic reports to the Budget Section on allocations made to the agricultural research centers for salaries and wages for the 1997-99 biennium and on recommendations regarding the allocation process for the 1999-2001 biennium. This bill is effective July 1, 1997.
  21. State Water Commission bond issuance (1997 Session Laws Chapter 511 - 1997 House Bill No. 1482) - This bill allows the State Water Commission to issue bonds for the construction of an outlet from Devils Lake, if the United States authorizes construction of an outlet, and for the completion of a comprehensive statewide water development program, if the United States Congress enacts legislation for the completion of the Garrison Diversion Unit. If either of the contingencies occur and the bonds are issued, the State Water Commission is required to notify the Budget Section. This bill was effective April 10, 1997.
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