An act to provide an appropriation for defraying the expenses of the public service commission; to amend and reenact sections 49-01-05 and 57-43.2-19 of the North Dakota Century Code, relating to the salaries of the publ, the official text

Sixty-ninth Legislative Assembly of North Dakota In Regular Session Commencing Tuesday, January 7, 2025

HOUSE BILL NO. 1008 (Appropriations Committee)

AN ACT to provide an appropriation for defraying the expenses of the public service commission; to amend and reenact sections 49-01-05 and 57-43.2-19 of the North Dakota Century Code, relating to the salaries of the public service commissioners and deposits of special fuels excise taxes; and to provide loan authorization.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

SECTION 1. APPROPRIATION. The funds provided in this section, or so much of the funds as may be necessary, are appropriated out of any moneys in the general fund in the state treasury, not otherwise appropriated, and from other funds derived from special funds and federal funds, to the public service commission for the purpose of defraying the expenses of the public service commission, for the biennium beginning July 1, 2025, and ending June 30, 2027, as follows:

Salaries and wages New and vacant FTE pool Operating expenses Capital assets Grants Abandoned mined lands contractual
services Rail rate complaint case Railroad safety program Specialized legal services Total all funds Less other funds Total general fund Full-time equivalent positions

Base Level $11,026,304
0 2,205,487
25,000 20,000 6,000,000 900,000 672,206 420,000 $21,268,997 13,779,645 $7,489,352
45.00

Adjustments or Enhancements
$1,148,083 265,735 547,167 205,000 0 0 0 41,024 (19,834)
$2,187,175 454,823
$1,732,352 0.00

Appropriation $12,174,387
265,735 2,752,654
230,000 20,000
6,000,000 900,000 713,230 400,166
$23,456,172 14,234,468 $9,221,704 45.00

SECTION 2. ONE-TIME FUNDING - EFFECT ON BASE BUDGET - REPORT TO SEVENTIETH LEGISLATIVE ASSEMBLY. The following amounts reflect the one-time funding items included in the appropriation in section 1 of this Act which are not included in the entity's base budget for the 2027-29 biennium and which the entity shall report to the appropriations committees of the seventieth legislative assembly regarding the use of this funding:

One-Time Funding Description Drone imaging technology Federal intervention funding Total

General Fund $5,580
250,000 $255,580

Other Funds $149,420 0 $149,420

Total $155,000
250,000 $405,000

SECTION 3. NEW AND VACANT FTE POOL - LIMITATION - TRANSFER REQUEST. The public service commission may not spend funds appropriated in the new and vacant FTE pool line item in section 1 of this Act, but may request the office of management and budget to transfer funds from the new and vacant FTE pool line item to the salaries and wages and railroad safety program line items in accordance with the guidelines and reporting provisions included in House Bill No. 1015, as approved by the sixty-ninth legislative assembly.

SECTION 4. RAIL RATE COMPLAINT CASE - LOAN AUTHORIZATION. The public service commission may obtain a loan from the Bank of North Dakota for costs associated with a rail rate

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complaint case. The loan may not exceed $900,000, and the interest rate associated with the loan must be the prevailing interest rate charged to North Dakota governmental entities. The public service commission shall repay the loan from amounts available from damages or proceeds received, net of legal fees, from a successful outcome of a rail complaint case. If moneys anticipated to be available on June 30, 2027, are not sufficient to repay the loan, the public service commission may request a deficiency appropriation from the legislative assembly to repay the loan.
SECTION 5. AMENDMENT. Section 49-01-05 of the North Dakota Century Code is amended and reenacted as follows:
49-01-05. Salary of commissioners. The annual salary of a commissioner is one hundred thirty thousand dollars through June 30, 2024, and one hundred thirty-five thousand two hundredone hundred thirty-nine thousand two hundred fiftysix dollars through June 30, 2026, and one hundred forty-three thousand four hundred thirty-four dollars thereafter. All fees received or charged by any commissioner for any act or service rendered in any official capacity must be accounted for and paid over by the commissioner monthly to the state treasurer and must be credited to the general fund of the state. SECTION 6. AMENDMENT. Section 57-43.2-19 of the North Dakota Century Code is amended and reenacted as follows: 57-43.2-19. Transfer, deposit, and distribution of funds. All taxes, license fees, penalties, and interest collected under this chapter must be transferred to the state treasurer who shall deposit moneys in a highway tax distribution fund, except all special fuels excise taxes collected on sales of diesel fuel to a railroad under section 57-43.2-03 of up to three hundred thirty-two thousand three hundred twenty-seventhree hundred fifty-two thousand eight hundred ninety-two dollars per year must be transferred to the state treasurer who shall deposit the moneys in the rail safety fund. The highway tax distribution fund must be distributed in the manner as prescribed by section 54-27-19.

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____________________________ Speaker of the House

____________________________ President of the Senate

____________________________ Chief Clerk of the House

____________________________ Secretary of the Senate

This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative Assembly of North Dakota and is known on the records of that body as House Bill No. 1008.

House Vote: Senate Vote:

Yeas 80 Yeas 45

Nays 10 Nays 1

Absent 4 Absent 1

____________________________ Chief Clerk of the House
Received by the Governor at ________M. on _____________________________________, 2025. Approved at ________M. on __________________________________________________, 2025.

____________________________ Governor
Filed in this office this ___________day of _______________________________________, 2025, at ________ o’clock ________M.

____________________________ Secretary of State