54-44.1 Office of the Budget
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of government for which separate or distinct appropriations are made.54-44.1-02. Office of the budget - Director - Employees - Powers. The office of thebudget is hereby established in the office of management and budget, for the purpose of
promoting economy and efficiency in the fiscal management of the state government.Thedirector of the office of management and budget is ex officio director of the budget.The director of the budget shall appoint a budget analyst who must hold a baccalaureatedegree from a recognized institution of higher learning and the appointment must be based upon
the qualifications of eligible persons. The position of budget analyst is not a classified position
and the budget analyst shall serve at the pleasure of the director of the budget. The budget
director shall employ such other professional, technical, and clerical personnel as the director
deems necessary to carry out the duties prescribed in this chapter and shall fix the salary of all
employees within the office of the budget within the limits of the legislative appropriations. All
personnel within the office of the budget must be allowed their actual and necessary travel
expenses at the same rate as for other employees of the state.54-44.1-03. Powers and duties of the director of the budget. The director of thebudget, or such subordinate officer as the director of the budget shall designate, shall:1.Be vested with the duties, powers, and responsibilities involved in securing budget
estimates and work programs from the several departments and agencies of the
state government.2.Be vested with the duties, powers, and responsibilities involved in the preparation of
revenue and fixed expense estimates.3.Develop financial policies and plans as the basis for budget recommendations to the
legislative assembly, and prepare detailed documents in accordance with such
financial policies and plans for presentation to the legislative assembly.4.Coordinate the fiscal affairs and procedures of the state to assure the carrying out of
the financial plans and policies approved by the legislative assembly.5.Exercise continual control over the execution of the budget affecting the
departments, institutions, and agencies of the executive branch of the state
government involving approval of all commitments for conformity with the program
provided in the budget, frequent comparison of actual revenues and budget
estimates, and control of the rate of expenditures through a system of semiannual,
quarterly, or monthly allotments.6.Investigate, examine, and make exhaustive studies:a.Of the structure and operation of the entire executive branch of government
and of every office, institution, and agency thereof.b.Of all the functions, duties, and services of all executive branch offices,
departments, institutions, industries, boards, bureaus, and commissions.c.Of all the books, records, and methods of accounting of each office or agency
of the executive branch to ascertain and determine whether their policies,
practices, and systems of accounting are sound, necessary, practical, and
efficient.Page No. 17.Develop a long-term capital improvements budget for consideration by the legislative
assembly.8.Have the authority to procure from the various officers, departments, agencies, and
employees such information as may be necessary for the preparation and execution
of the budget.9.Provide such assistance as the legislative assembly may request and be available to
assist its appropriations committees with any needed information or material and
make its records and information available at all times to the legislative assembly
and its committees and designees.10.Perform all other necessary duties to carry out the provisions of this chapter and of
chapter 54-14.54-44.1-04. (Effective through July 31, 2011) Budget estimates of budget units filedwith the office of the budget - Deadline. The head of each budget unit, not later than July
fifteenth of each year next preceding the session of the legislative assembly, shall submit to the
office of the budget, estimates of financial requirements of the person's budget unit for the next
two fiscal years, on the forms and in the manner prescribed by the office of the budget, with such
explanatory data as is required by the office of the budget and such additional data as the head
of the budget unit wishes to submit.The budget estimates for the North Dakota universitysystem must include block grants for the university system for a base funding component and for
an initiative funding component for specific strategies or initiatives and a budget estimate for an
asset funding component for renewal and replacement of physical plant assets at the institutions
of higher education.The estimates so submitted must bear the approval of the board orcommission of each budget unit for which a board or commission is constituted. The director of
the budget in the director's discretion may extend the filing date for any budget unit if the director
finds there is some circumstance that makes it advantageous to authorize the extension. If a
budget unit has not submitted its estimate of financial requirements by the required date or within
a period of extension set by the director of the budget, the director of the budget shall prepare the
budget unit's estimate of financial requirements except the estimate may not exceed ninety
percent of the budget unit's previous biennial appropriation. The director of the budget or a
subordinate officer as the director designates shall examine the estimates and shall afford to the
heads of budget units reasonable opportunity for explanation in regard thereto and, when
requested, shall grant to the heads of budget units a hearing thereon which must be open to the
public.(Effective after July 31, 2011) Budget estimates of budget units filed with the officeof the budget - Deadline. The head of each budget unit, not later than July fifteenth of each year
next preceding the session of the legislative assembly, shall submit to the office of the budget,
estimates of financial requirements of the person's budget unit for the next two fiscal years, on
the forms and in the manner prescribed by the office of the budget, with such explanatory data as
is required by the office of the budget and such additional data as the head of the budget unit
wishes to submit.The estimates so submitted must bear the approval of the board orcommission of each budget unit for which a board or commission is constituted. The director of
the budget may extend the filing date for any budget unit if the director finds there is some
circumstance that makes it advantageous to authorize the extension. If a budget unit has not
submitted its estimate of financial requirements by the required date or within a period of
extension set by the director of the budget, the director of the budget shall prepare the budget
unit's estimate of financial requirements except the estimate may not exceed ninety percent of
the budget unit's previous biennial appropriation. The director of the budget or a subordinate
officer as the director shall designate shall examine the estimates and shall afford to the heads of
budget units reasonable opportunity for explanation in regard thereto and, when requested, shall
grant to the heads of budget units a hearing thereon which must be open to the public.54-44.1-05. Federal aid budget requests - Filed with the office of the budget. Everyagency of the state government when making requests for budgets to be submitted to the federal
government for funds, equipment, material, or services shall have such request or budget filed inPage No. 2the office of the budget before submitting it to the proper federal authority. When such federal
authority has approved the request or budget, in whole or in part, the agency of the state
government shall resubmit it to the office of the budget for recording before any allotment or
encumbrance of the federal funds can be made.54-44.1-06.(Effective through July 31, 2011) Preparation of the budget data -Contents. The director of the budget, through the office of the budget, shall prepare budget data
which must contain and include the following:1.Summary statements of the financial condition of the state, accompanied by the
detailed schedules of assets and liabilities as the director of the budget determines
desirable, which must include the following:a.Summary statements of fund balances and assets showing in detail for each
fund the surplus or deficit at the beginning of each of the two fiscal years of the
previous biennium and the first fiscal year of the present biennium, the actual
revenue for those years, the total appropriations for the previous and present
biennium, and the total expenditures for those fiscal years; andb.Similar summary statements of the estimated fund balances and assets for the
current fiscal year and each of the fiscal years of the next biennium.Summary statements may include a comparative consolidated balance sheet
showing all the assets and liabilities of the state and the surplus or deficit, as the
case may be, at the close of the first fiscal year of the current biennium.2.Statements of actual revenue for the previous biennium, the first year of the present
biennium, and the estimated revenue of the current fiscal year and of the next
biennium, and a statement of unappropriated surplus expected to have accrued in
the state treasury at the beginning of the next fiscal year.The statement ofunappropriated surplus for the general fund must reflect any projected deficiency
appropriations relating to expenditures from the general fund for the present
biennium. The statements of revenue and estimated revenue must be classified by
sources and by budget unit collecting them. Existing sources of revenue must be
analyzed as to their equity, productivity, and need for revision, and any proposed
new sources of revenue must be explained.3.Summary statements of expenditures of the previous biennium and first year of the
present biennium, itemized by budget units and classified as prescribed by the
director of the budget.4.Detailed comparative statements of expenditures and requests for appropriations by
funds, budget units and classification of expenditures, showing the expenditures for
the previous biennium, the first fiscal year of the present biennium, the budget of the
current biennium, and the governor's recommendation for appropriations for each
budget unit for the next biennium, all distributed according to the prescribed
classification of expenditures.Following the lists of actual and proposedexpenditures of each budget unit there must be a brief explanation of the functions
of the unit and comments on its policies and plans and on any considerable
differences among the amounts recommended, with any descriptive, quantitative,
comparative, and other data as to work done, unit costs, and like information as may
be considered necessary or desirable.For capital outlay expenditures involvingconstruction projects to be completed in two or more fiscal years, there must be
shown the total estimated cost of each such project and the amount thereof
recommended to be appropriated and expended in each ensuing fiscal year until
completion of the project. Capital outlay needs may be projected for at least two
years beyond the period covered by the budget.Page No. 35.A detailed statement showing the estimate of all moneys required to be raised or
appropriated for the payment of interest upon the funded debt of the state and its
other obligations bearing interest, and the amount of money required to be
contributed in the two next ensuing fiscal years to the general sinking funds
maintained for the redemption and payment of the debts of the state.6.A summary statement of the unappropriated fund balance estimated to be available
at the beginning of the next biennium, and the estimated revenue of the next
biennium, as compared with the total recommended amounts of appropriation for all
classes of expenditures for the next biennium, and if the total of the recommended
expenditures exceeds the total of the estimated resources, recommendations as to
how the deficiency is to be met and estimates of any proposed additional revenue.7.Drafts of proposed general and special appropriations acts embodying the budget
data and recommendations of the governor for appropriations for the next biennium
and drafts of such revenues and other acts recommended by the governor for
putting into effect the proposed financial plan.The recommended generalappropriation for each budget unit must be specified in a separate section of the
general appropriations act.The draft of the proposed appropriations act for theNorth Dakota university system must include block grants for a base funding
appropriation and for an initiative funding appropriation for specific strategies or
initiatives and an appropriation for asset funding for renewal and replacement of
physical plant assets at the institutions of higher education.8.A list of every individual asset or service, excluding real estate, with a value of at
least fifty thousand dollars and every group of assets and services comprising a
single system with a combined value of at least fifty thousand dollars acquired
through a capital or operating lease arrangement or debt financing arrangement by a
state agency or institution. The list must include assets or services acquired in the
current biennium and anticipated assets or services to be acquired in the next
biennium.9.Any other information as the director of the budget determines desirable or as is
required by law.(Effective after July 31, 2011) Preparation of the budget data - Contents.Thedirector of the budget, through the office of the budget, shall prepare budget data which must
contain and include the following:1.Summary statements of the financial condition of the state, accompanied by the
detailed schedules of assets and liabilities as the director of the budget determines
desirable, which must include the following:a.Summary statements of fund balances and assets showing in detail for each
fund the surplus or deficit at the beginning of each of the two fiscal years of the
previous biennium and the first fiscal year of the present biennium, the actual
revenue for those years, the total appropriations for the previous and present
biennium, and the total expenditures for those fiscal years; andb.Similar summary statements of the estimated fund balances and assets for the
current fiscal year and each of the fiscal years of the next biennium.Summary statements may include a comparative consolidated balance sheet
showing all the assets and liabilities of the state and the surplus or deficit, as the
case may be, at the close of the first fiscal year of the current biennium.2.Statements of actual revenue for the previous biennium, the first year of the present
biennium, and the estimated revenue of the current fiscal year and of the next
biennium, and a statement of unappropriated surplus expected to have accrued inPage No. 4the state treasury at the beginning of the next fiscal year.The statement ofunappropriated surplus for the general fund must reflect any projected deficiency
appropriations relating to expenditures from the general fund for the present
biennium. The statements of revenue and estimated revenue must be classified by
sources and by budget unit collecting them. Existing sources of revenue must be
analyzed as to their equity, productivity, and need for revision, and any proposed
new sources of revenue must be explained.3.Summary statements of expenditures of the previous biennium and first year of the
present biennium, itemized by budget units and classified as prescribed by the
director of the budget.4.Detailed comparative statements of expenditures and requests for appropriations by
funds, budget units and classification of expenditures, showing the expenditures for
the previous biennium, the first fiscal year of the present biennium, the budget of the
current biennium, and the governor's recommendation for appropriations for each
budget unit for the next biennium, all distributed according to the prescribed
classification of expenditures.Following the lists of actual and proposedexpenditures of each budget unit there must be a brief explanation of the functions
of the unit and comments on its policies and plans and on any considerable
differences among the amounts recommended, with any descriptive, quantitative,
comparative, and other data as to work done, unit costs, and like information as may
be considered necessary or desirable.For capital outlay expenditures involvingconstruction projects to be completed in two or more fiscal years, there must be
shown the total estimated cost of each such project and the amount thereof
recommended to be appropriated and expended in each ensuing fiscal year until
completion of the project. Capital outlay needs may be projected for at least two
years beyond the period covered by the budget.5.A detailed statement showing the estimate of all moneys required to be raised or
appropriated for the payment of interest upon the funded debt of the state and its
other obligations bearing interest, and the amount of money required to be
contributed in the two next ensuing fiscal years to the general sinking funds
maintained for the redemption and payment of the debts of the state.6.A summary statement of the unappropriated fund balance estimated to be available
at the beginning of the next biennium, and the estimated revenue of the next
biennium, as compared with the total recommended amounts of appropriation for all
classes of expenditures for the next biennium, and if the total of the recommended
expenditures exceeds the total of the estimated resources, recommendations as to
how the deficiency is to be met and estimates of any proposed additional revenue.7.Drafts of a proposed general appropriations act and special appropriations acts
embodying the budget data and recommendations of the governor for appropriations
for the next biennium and drafts of such revenues and other acts recommended by
the governor for putting into effect the proposed financial plan. The recommended
general appropriation for each budget unit must be specified in a separate section of
the general appropriations act.8.A list of every individual asset or service, excluding real estate, with a value of at
least fifty thousand dollars and every group of assets and services comprising a
single system with a combined value of at least fifty thousand dollars acquired
through a capital or operating lease arrangement or debt financing arrangement by a
state agency or institution. The list must include assets or services acquired in the
current biennium and anticipated assets or services to be acquired in the next
biennium.9.Any other information as the director of the budget determines desirable or as is
required by law.Page No. 554-44.1-06.1. Contents of capital construction bill. The office of management andbudget shall continue to prepare capital construction budgets and a capital construction bill. All
future capital construction bills may only include projects involving bonding. All other capital
projects funded with general fund moneys or special funds must be included in the appropriate
agency's appropriation bill.54-44.1-07.Presentation of budget data - How presented to the legislativeassembly. The director of the budget or the director's designee shall present the budget data
information in section 54-44.1-06, except the drafts of acts required by subsection 7 of that
section, and make available sufficient copies thereof to the legislative assembly at the
organizational session. The drafts of acts required by subsection 7 of section 54-44.1-06 must
be submitted to the legislative council within seven days after the day of adjournment of the
organizational session.The budget data must be completed and made available to thelegislative assembly in such form as may be prescribed by the legislative council. The legislative
council shall set the time and place at which such budget data is to be presented.54-44.1-08. Budget report - Contents - When submitted to legislative assembly.The official budget report must be transmitted by the governor to all holdover legislators and
legislators-elect not later than three days after the commencement of the session of the
legislative assembly. Such report is not a third-class item under section 46-02-05. The budget
director shall provide for the duplication or other satisfactory reproduction or printing of the official
budget report, so as to ensure delivery of same as provided in this section. Such reports must
contain the budget and revenue proposals recommended by the governor and the information
required in subsections 1, 2, 3, 5, and 6 of section 54-44.1-06 and all other data and information
as the governor shall decide. The budget director shall make available any and all information
regarding budget data to the governor, the legislative assembly and its designees, legislators,
and to the governor-elect as may be requested.The governor may present any additionalbudget information in any manner to the legislative assembly as the governor may desire.54-44.1-09. All expenditures must be appropriated. All expenditures of the state andof its budget units of moneys drawn from the state treasury must be made under authority of
biennial appropriations acts, which must be based upon a budget as provided by law, and no
money may be drawn from the treasury, except by appropriation made by law as required by
section 12 of article X of the Constitution of North Dakota.54-44.1-09.1. Insurance recoveries appropriated. Any payment to a state budget unitfor a loss under chapter 26.1-22 or for any loss covered by any property and casualty insurance
is hereby appropriated to that budget unit to be used solely for the repair, rebuilding, or
replacement of the destroyed or damaged building, property, or equipment. Insurance proceeds
may be used for purposes other than the repair, rebuilding, or replacement of the destroyed
property with the approval of the emergency commission or as appropriated by the legislative
assembly.54-44.1-10. Payments made pursuant to law only. No payment may be made and noobligation may be incurred against any appropriation unless such payment or obligation has been
authorized as provided by law. Every official authorizing payments in violation of this chapter is
subject to the penalties and provisions of chapter 12.1-23.54-44.1-11. (Effective through July 31, 2011) Office of management and budget tocancel unexpended appropriations - When they may continue.Except as otherwiseprovided by law, the office of management and budget, thirty days after the close of each biennial
period, shall cancel all unexpended appropriations or balances of appropriations after the
expiration of the biennial period during which they became available under the law. Unexpended
appropriations for the state historical society are not subject to this section and the state historical
society shall report on the amounts and uses of funds carried over from one biennium to the
appropriations committees of the next subsequent legislative assembly.Unexpendedappropriations for the North Dakota university system are not subject to this section and the
North Dakota university system shall report on the amounts and uses of funds carried over from
one biennium to the next to subsequent appropriations committees of the legislative assembly.Page No. 6The chairmen of the appropriations committees of the senate and house of representatives of the
legislative assembly with the office of the budget may continue appropriations or balances in
force for not more than two years after the expiration of the biennial period during which they
became available upon recommendation of the director of the budget for:1.New construction projects.2.Major repair or improvement projects.3.Purchases of new equipment costing more than ten thousand dollars per unit if it
was ordered during the first twelve months of the biennium in which the funds were
appropriated.4.The purchase of land by the state on a "contract for deed" purchase if the total
purchase price is within the authorized appropriation.5.Purchases by the department of transportation of roadway maintenance equipment
costing more than ten thousand dollars per unit if the equipment was ordered during
the first twenty-one months of the biennium in which the funds were appropriated.6.Authorized ongoing information technology projects.(Effective after July 31, 2011) Office of management and budget to cancelunexpended appropriations - When they may continue.The office of management andbudget, thirty days after the close of each biennial period, shall cancel all unexpended
appropriations or balances of appropriations after the expiration of the biennial period during
which they became available under the law. Unexpended appropriations for the state historical
society are not subject to this section and the state historical society shall report on the amounts
and uses of funds carried over from one biennium to the appropriations committees of the next
subsequent legislative assembly. The chairmen of the appropriations committees of the senate
and house of representatives of the legislative assembly with the office of the budget may
continue appropriations or balances in force for not more than two years after the expiration of
the biennial period during which they became available upon recommendation of the director of
the budget for:1.New construction projects.2.Major repair or improvement projects.3.Purchases of new equipment costing more than ten thousand dollars per unit if it
was ordered during the first twelve months of the biennium in which the funds were
appropriated.4.The purchase of land by the state on a "contract for deed" purchase if the total
purchase price is within the authorized appropriation.5.Purchases by the department of transportation of roadway maintenance equipment
costing more than ten thousand dollars per unit if the equipment was ordered during
the first twenty-one months of the biennium in which the funds were appropriated.6.Authorized ongoing information technology projects.54-44.1-12.Control over rate of expenditures.The director of the budget shallexercise continual control over the execution of the budget affecting the departments and
agencies of state government, with the exception of the legislative and judicial branches.
Execution means the analysis and approval of all commitments for conformity with the program
provided in the budget, frequent comparison of actual revenues and budget estimates, and on
the basis of these analyses and comparisons control the rate of expenditures through a system
of allotments. The allotment must be made by specific fund and all departments and agenciesPage No. 7that receive moneys from that fund must be allotted on a uniform percentage basis, except that
appropriations to the department of public instruction for foundation aid, transportation aid, and
special education aid may only be allotted to the extent that the allotment can be offset by
transfers from the foundation aid stabilization fund.Before an allotment is made which willreduce the amount of funds which can be disbursed pursuant to an appropriation or before an
allotment disallowing a specific expenditure is made, the director shall find one or more of the
following circumstances to exist:1.The moneys and estimated revenues in a specific fund from which the appropriation
is made are insufficient to meet all legislative appropriations from the fund.2.The payment or the obligation incurred is not authorized by law.3.The expenditure or obligation is contrary to legislative intent as recorded in any
reliable legislative records, including:a.Statements of legislative intent expressed in enacted appropriation measures
or other measures enacted by the legislative assembly; andb.Statements of purpose of amendment explaining amendments to enacted
appropriation measures, as recorded in the journals of the legislative assembly.4.Circumstances or availability of facts not previously known or foreseen by the
legislative assembly which make possible the accomplishment of the purpose of the
appropriation at a lesser amount than that appropriated.54-44.1-12.1.Implementation of legislative intent - Legislative objection toexecution of budget - Effect of objection.1.The budget section of the legislative management may object to any allotment made
under section 54-44.1-12, any expenditure of a budget unit, or any failure to make
an allotment or expenditure if the budget section determines that the allotment or
expenditure or the failure to make an allotment or expenditure is contrary to
legislative intent as recorded in any reliable legislative records. The budget section
shall file that objection in certified form with the legislative council.The filedobjection must contain a concise statement of the budget section's reasons for the
objection.2.The legislative council shall attach to each objection a certification of the time and
date of the filing of the objection and, as soon as possible, shall transmit a copy of
the objection and the certification to the director of the budget and the affected
budget unit.The legislative council shall maintain a permanent register of allobjections under this section.3.Within fourteen days after the filing of an objection, the affected budget unit shall
respond in writing to the budget section. After receipt of that response, the budget
section may withdraw or modify its objection.4.After the filing of an objection, the burden of persuasion is upon the budget unit in
any action for judicial review of whether the allotment or expenditure or the failure to
make an allotment or expenditure is contrary to law. If the budget unit fails to meet
its burden of persuasion, the court shall render judgment against the budget unit for
court costs. These court costs must include reasonable attorney's fees and must be
payable from the appropriation of the budget unit.54-44.1-13.Budget requests for legislative and judicial branches.The budgetrequests and expenditures for the legislative and judicial branches of this state are not subject to
the provisions of this chapter and such budget requests must be submitted directly to the
legislative assembly with informational copies of such budgets provided to the director of thePage No. 8budget not later than November fifteenth in each even-numbered year preceding a session of the
legislative assembly.54-44.1-13.1.Apportionment of reductions in spending authority caused by aninitiative or referendum action. If as a result of any action taken pursuant to article III of the
Constitution of North Dakota the moneys available in the state general fund or in any special fund
in the state treasury are or will be reduced or eliminated, the director of the budget shall reduce
the moneys available to all departments, agencies, and institutions for which moneys have been
appropriated or are otherwise available from the affected fund for the current biennial period.
The director of the budget shall reduce affected budgets by a percentage sufficient to cover the
estimated losses caused by the initiative or referendum action, subject to the approval of the
budget section of the legislative management.Notwithstanding the provisions of section54-44.1-13, the authority to make reductions pursuant to this section applies equally to all entities
of the executive, legislative, and judicial branches.54-44.1-14. Biennial report to legislative assembly. The director of the budget orsuch member of that office as the director of the budget designates may prepare and transmit to
the governor and, upon approval by the governor, may transmit to the members of the legislative
assembly at least sixty days prior to the commencement of an ensuing legislative session a
report which must contain definite and specific proposals and recommendations to accomplish
the following purposes:1.To simplify the governmental structure of the state so as to render it more
economical and efficient.2.To eliminate all obsolete and unnecessary offices, departments, institutions, boards,
bureaus, and commissions of the state.3.To consolidate the functions, services, and activities of state offices and agencies
thereof so as to eliminate duplication of service and expense wherever it exists.4.To correlate the functions and services of the several offices and agencies of the
state government.5.To eliminate obsolete methods, unnecessary functions and services carried on by
the state government and to render those functions and services which are
determined to be absolutely essential and more economical and efficient.54-44.1-15. Indirect cost recoveries from federal programs and special funds. Theoffice of management and budget shall develop a statewide central service indirect cost
allocation plan according to federal cost allocation principles. Any state agency receiving federal
funds shall seek reimbursement from the federal programs for indirect costs appropriately
allocated to the agency in the plan. Any recoveries of central service indirect costs must be
deposited in the state general fund at least once annually by the agency as determined by the
office of management and budget.The office of management and budget may exclude anagency or agencies from the requirements of this section.The office of management and budget may bill special fund agencies for central serviceindirect costs as determined in the cost allocation plan in the ratio that the agency's special funds
are to its total budget.Appropriation authority to cover the billings must be included in thebudgets of the special fund agencies.54-44.1-16.Office of the budget and information technology department - Newbuilding construction cost-benefit analyses.The office of the budget shall complete acost-benefit analysis for each new building construction project included in budget requests
submitted by state agencies, departments, and institutions. The analysis must review options for
co-locating with other state agencies, departments, or institutions and consider information on
related technology costs and savings. The office of the budget shall obtain the assistance of the
information technology department, and that department shall review the technology costs andPage No. 9savings involved in the proposed building and provide the analysis to the office of the budget.
The office of the budget shall report on the cost-benefit analyses for building projects included in
the governor's budget recommendation to the legislative assembly at the same time as the
governor's budget and revenue proposals are presented.54-44.1-17.Bank of North Dakota transfers to the general fund - Restoration.Notwithstanding section 54-27.2-02 and subject to the availability of funds in the general fund, at
the end of the biennium the director of the budget shall return to the Bank of North Dakota any
funds transferred from the Bank to the general fund in response to a projected shortfall of general
fund revenues pursuant to a contingent authorization by the legislative assembly. The amount
returned to the Bank as required by this section must be the amount of the contingent transfer or
the unobligated balance of the general fund at the end of the biennium, whichever is less. For
purposes of this section "at the end of the biennium" means after cancellation of unexpended
appropriations under section 54-44.1-11.54-44.1-18. Searchable database of expenditures.1.By June 30, 2011, the director of the budget shall develop and make publicly
available an aggregate and searchable budget database website that includes the
following information for the biennium ending June 30, 2009:a.Each budget unit making expenditures.b.The amount of funds expended.c.The source of the funds expended.d.The budget program of the expenditure.e.Any other information determined relevant by the director of the budget.2.The director of the budget shall include the name and city of the recipient of each
expenditure in the budget database website after the director has completed
implementation of a business intelligence component to the state's financial
reporting system.3.The director of the budget may not include in the database any information that is
confidential or exempt under state or federal law.4.The director of the budget may update the budget database website as new data
becomes available. Each state agency shall provide to the director of the budget
any data required to be included in the budget database website no later than thirty
days after the data becomes available to the agency.5.By January first of each even-numbered year, the director of the budget shall add
data for the previous biennium to the budget database website. The director of the
budget shall ensure that all data added to the budget database website remains
accessible to the public for a minimum of ten years.6.The budget database website may not redirect users to any other government
website, unless the website has information from all budget units and each category
of information required can be searched electronically by field in a single search.Page No. 10Document Outlinechapter 54-44.1 office of the budget