CHAPTER 54-60
DEPARTMENT OF COMMERCE
54-60-01. Definitions. In this chapter, unless the context or subject matter otherwise
requires:
1.
"Cabinet" means the North Dakota commerce cabinet.
2.
"Commissioner" means the commissioner of commerce.
3.
"Department" means the department of commerce.
4.
"Foundation" means the North Dakota economic development foundation.
54-60-02. Department of commerce - Divisions. The North Dakota department of
commerce is created. All records, materials, supplies, and equipment used by the division of<br>community services, department of economic development and finance, and the department of<br>tourism are transferred to the department.
1.
The department must consist of:
a.
A division of community services;
b.
A division of economic development and finance;
c.
A division of tourism;
d.
A division of workforce development; and
e.
Any division the commissioner determines necessary to carry out this chapter.
2.
The commissioner shall appoint the director of each division of the department.<br>Each director appointed by the commissioner serves at the pleasure of the<br>commissioner and is entitled to receive a salary set by the commissioner within the<br>limits of legislative appropriations.
54-60-03. Commissioner of commerce - Duties. With the advice and counsel of the
North Dakota development foundation, the governor shall appoint a commissioner to supervise,<br>control, and administer the department.
The commissioner serves at the pleasure of the
governor and receives a salary set by the governor within the limits of legislative appropriations.<br>The commissioner:
1.
Shall file an oath of office in the usual form before commencing to perform the duties<br>of the commissioner;
2.
Shall serve as chairman of the cabinet;
3.
Shall appoint personnel as may be determined necessary to carry out the duties of<br>the department;
4.
Shall manage the operations of the department and oversee each of the divisions;
5.
Shall assume central responsibilities to develop, implement, and coordinate a<br>working network of commerce service providers;
6.
Shall coordinate the department's services with commerce-related services of other<br>state agencies;
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7.
Shall advise and cooperate with departments and agencies of the federal<br>government and of other states; private businesses, agricultural organizations, and<br>associations; research institutions; and with any individual or other private or public<br>entity;
8.
May enter contracts upon terms and conditions as determined by the commissioner<br>to be reasonable and to effectuate the purposes of this chapter;
9.
Shall report between the first and tenth legislative days of each regular legislative<br>session to a standing committee of each house of the legislative assembly as<br>determined by the legislative management and shall report annually to the<br>foundation:
a.
On the department's goals and objectives since the last report;
b.
On the department's goals and objectives for the period until the next report;
c.
On the department's long-term goals and objectives;
d.
On the department's activities and measurable results occurring since the last<br>report; and
e.
On commerce benchmarks, including the average annual wage in the state, the<br>gross state product exclusive of agriculture, and the number of primary sector<br>jobs in the state;
10.
Shall adopt rules necessary to implement this chapter; and
11.
May take any actions necessary and proper to implement this chapter.
54-60-04. North Dakota economic development foundation - Executive committee -
Duties. The North Dakota economic development foundation is created.
1.
The foundation is composed of a minimum of fifteen and a maximum of thirty<br>members appointed by the governor for two-year terms, except the governor shall<br>appoint approximately one-half of the initial foundation members to one-year terms<br>in order to initiate a cycle of staggered terms.
Appointment of the foundation
members must ensure a cross section of business, tourism, and economic<br>development representation, and must ensure that at least one member represents<br>rural concerns.
2.
The foundation members shall elect an executive committee with a minimum of five<br>and a maximum of seven foundation members, which shall include a chairman, vice<br>chairman, secretary, treasurer, and up to three members at large.
3.
The foundation shall seek funding for administrative expenses from private sector<br>sources
and
shall
seek
and
distribute
private
sector
funds
for
use
in
commerce-related activities of the state.
4.
The foundation shall:
a.
Provide the governor advice and counsel in selecting the commissioner.
b.
Serve in an advisory role to the commissioner.
c.
Develop a strategic plan for economic development in the state and set<br>accountability standards, measurements, and benchmarks to evaluate the<br>effectiveness of the department in implementing the strategic plan.
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d.
Develop a strategic plan for the development of value-added agriculture in the<br>state.
e.
Monitor tourism and economic development activities and initiatives of the<br>department.
f.
Recommend state and federal legislation relating to strengthening the state's<br>economy and increasing the state's population.
g.
Monitor state and federal legislation and initiatives that may impact the state's<br>economy and population.
h.
Serve as a source of expertise for developing public and private initiatives to<br>strengthen the state's economy and increase the state's population.
54-60-05.
Compensation and reimbursement of foundation members.
The
foundation may establish the level of compensation to which a foundation member is entitled. A<br>foundation member is entitled to reimbursement for mileage and expenses as provided for state<br>officers.
54-60-06. Commerce cabinet. The North Dakota commerce cabinet is created. The
cabinet is composed of the directors of each of the department divisions and of the executive<br>heads, or other authorized representatives, of the state board for career and technical education,<br>the state board of higher education, the Bank of North Dakota, the department of agriculture,<br>workforce safety and insurance, the department of transportation, job service North Dakota, the<br>game and fish department, and of any other state agency appointed by the commissioner. The<br>commissioner is the chairman of the cabinet and shall determine which agencies are members of<br>the cabinet. The cabinet shall:
1.
Coordinate and communicate economic development and tourism efforts of the<br>agencies represented.
2.
Meet at times determined by the commissioner.
54-60-07. Cooperation with other agencies or private entities to jointly publish or
mail publications. The department may cooperate with other state agencies or with a private<br>entity for the purpose of jointly publishing or distributing information or publications as provided in<br>section 54-06-04.3.
54-60-08. Workforce safety and insurance commerce data. Repealed by S.L. 2005,
ch. 606, § 3.
54-60-09.
Division of workforce development - Duties. The division of workforce
development shall:
1.
Actively monitor local, regional, and national private and public workforce<br>development initiatives.
2.
Develop and implement the state's talent strategy.
3.
Develop and implement a statewide intelligence coordination strategy.
54-60-10.
Career guidance and job opportunities - Internet web site - Fees -
Continuing appropriation. Repealed by S.L. 2007, ch. 493, § 9.
54-60-11. Target industries - Report to legislative council. Repealed by S.L. 2009,
ch. 480, § 16.
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54-60-12.
North Dakota image information program.
The commissioner shall
implement a program for use by state agencies to assist state agencies and state agencies'<br>employees to present to the public a positive image of the state. The commissioner may expand<br>the program to include use of the program by the private sector.
54-60-13. Business hotline. The commissioner shall create and implement a business
hotline program.
The program must provide for a telephone number through which the
department shall provide, during regular business hours, in-state and out-of-state callers with<br>information regarding how to do business in the state, the services and assistance available to<br>businesses, the advantages of doing business in the state, and information on state and other<br>resources that provide assistance to businesses in the state. In addition to directly providing<br>information, the department may use the business hotline as a clearinghouse through which to<br>refer callers to other federal, state, local, or private sector economic developers. The program<br>must include an in-state and out-of-state marketing campaign in support of the program. The<br>commissioner shall follow up on business leads gained through the program and shall gather<br>data on the results of calls, including business expansion, location, and startup.
54-60-14.
North Dakota American Indian business development office.
A North
Dakota American Indian business development office is established within the department to<br>assist
North
Dakota
American
Indian
tribal
and
individual
economic
development
representatives, businesses, and entrepreneurs with access to state and federal programs<br>designed to assist these business interests. The office shall provide services to assist in the<br>formation of partnerships between American Indian and non-American Indian businesses. The<br>commissioner may contract with a third party for the provision of services for the office. If the<br>commissioner contracts with a third party under this section, all data and data bases collected<br>and created by the third party in performing services for the office are the property of the<br>department and the third party.
54-60-15.
North Dakota women's business development office.
A North Dakota
women's business development office is established within the department to develop and<br>administer the North Dakota women's business program, to establish and fund the women's<br>business leadership council, certify women-owned businesses for federal or state contracting,<br>and to recruit, train, and assist women entrepreneurs to develop and diversify their businesses.<br>The office must have an administrator and staff sufficient to implement the office's programs.<br>The commissioner may contract with a third party for the provision of services for the office. If<br>the commissioner contracts with a third party under this section, all data and data bases collected<br>and created by the third party in performing services for the office are the property of the<br>department and the third party.
54-60-16. (Effective through June 30, 2011) International business and trade office -
Advisory board.
1.
The commissioner shall administer the international business and trade office. The<br>purpose of the office is to assist North Dakota businesses expand exports to<br>international markets by:
a.
Advocating for exporters;
b.
Offering export educational opportunities to North Dakota businesses;
c.
Researching and raising awareness of export opportunities, issues, and<br>challenges impacting North Dakota businesses;
d.
Assisting North Dakota businesses in identifying, developing, and cultivating<br>international markets for products; and
e.
Organizing and carrying out trade missions that seek to facilitate contact and<br>communication between North Dakota businesses and international markets.
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2.
The commissioner may designate a nonprofit corporation incorporated in this state<br>that has the primary purpose of assisting North Dakota exporters or contract with a<br>third party for the provision of services for the international business and trade office.<br>If the commissioner designates a nonprofit corporation or contracts with a third party<br>under this subsection, all data and data bases collected and created by the third<br>party in performing services for the office are the property of the department and the<br>third party.
3.
The department may seek and accept any gift, grant, or donation of funds, property,<br>services, or other assistance from public or private sources for the purpose of<br>furthering the objectives of the international business and trade office.
4.
The commissioner may establish an international business and trade office advisory<br>board with which the director may consult in administering the international business<br>and trade office. Each member of the advisory board created under this subsection<br>is entitled to receive per diem compensation at a rate established by the director not<br>exceeding sixty-two dollars and fifty cents and reimbursement of expenses as<br>provided by law for state officers, while attending meetings or performing duties<br>directly related to board membership, except that per diem compensation under this<br>section may not be paid to any member who receives compensation or salary as a<br>regular state employee or official.
(Effective after June 30, 2011) International business and trade office - Advisory
board.
1.
The commissioner shall administer the international business and trade office. The<br>purpose of the office is to assist North Dakota businesses expand exports to<br>international markets by:
a.
Advocating for exporters;
b.
Offering export educational opportunities to North Dakota businesses;
c.
Researching and raising awareness of export opportunities, issues, and<br>challenges impacting North Dakota businesses;
d.
Assisting North Dakota businesses in identifying, developing, and cultivating<br>international markets for products; and
e.
Organizing and carrying out trade missions that seek to facilitate contact and<br>communication between North Dakota businesses and international markets.
2.
The commissioner may contract with a third party for the provision of services for the<br>international business and trade office. If the commissioner contracts with a third<br>party under this subsection, all data and data bases collected and created by the<br>third party in performing services for the office are the property of the department<br>and the third party.
3.
The department may seek and accept any gift, grant, or donation of funds, property,<br>services, or other assistance from public or private sources for the purpose of<br>furthering the objectives of the international business and trade office.
4.
The commissioner may establish an international business and trade office advisory<br>board with which the director may consult in administering the international business<br>and trade office. Each member of the advisory board created under this subsection<br>is entitled to receive per diem compensation at a rate established by the director not<br>exceeding sixty-two dollars and fifty cents and reimbursement of expenses as<br>provided by law for state officers, while attending meetings or performing duties<br>directly related to board membership, except that per diem compensation under this
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section may not be paid to any member who receives compensation or salary as a<br>regular state employee or official.
54-60-17. Division of workforce development - Internships, apprenticeships, and
work experience opportunities.
The division of workforce development shall administer a
program to increase use of internships, apprenticeships, and work experience opportunities for<br>higher education students and high school students enrolled in grade eleven or twelve. The<br>primary focus of this program must be higher education internships in target industries. This<br>program shall provide services to employers, communities, and business organizations to<br>increase internship, apprenticeship, and work experience opportunities. The department shall<br>maintain records of the number of internship, apprenticeship, and work experience opportunities<br>subsidized within each funding recipient which shall then constitute a base level for that funding<br>recipient. The department in each subsequent biennium may only subsidize new or expanded<br>internship, apprenticeship, and work experience opportunities above the base level for funding<br>recipients.
54-60-18. Division of workforce development - Career specialist. The division of
workforce development, in consultation with the department of career and technical education,<br>job service North Dakota, and the superintendent of public instruction, shall develop and<br>implement a program to assist public schools in promoting North Dakota career opportunities to<br>students in grades nine through twelve.
54-60-19. Division of workforce development - Talent strategy - Performance and
accountability.
1.
The division of workforce development, in developing and implementing the state's<br>talent strategy, shall:
a.
Consult with partners in the state's system for workforce development,<br>workforce training, and talent attraction, including job service North Dakota, the<br>department of career and technical education, the superintendent of public<br>instruction, the state board of higher education, the department of human<br>services, and other divisions of the department of commerce.
b.
Develop a comprehensive, consolidated biennial statewide strategic plan for<br>the state's system for workforce development, workforce training, and talent<br>attraction.
c.
Continuously review, identify how to improve, and implement improvements to<br>the state's system for workforce development, workforce training, and talent<br>attraction.
d.
Develop linkages between partners of the state's system for workforce<br>development, workforce training, and talent attraction, to assure coordination<br>and nonduplication of programs and services provided in the state.
2.
The division of workforce development shall develop and implement a system of<br>performance and accountability measures for the state's system for workforce<br>development, workforce training, and talent attraction. Each partner of the state's<br>system for workforce development, workforce training, and talent attraction shall<br>cooperate in providing the division the data necessary to implement these<br>measures.
54-60-20. Beginning again North Dakota pilot program - Continuing appropriation -
Report to legislative council. Expired under S.L. 2007, ch. 18, § 53.
54-60-21.
Workforce enhancement council.
The workforce enhancement council
consists of the private sector members of the workforce development council, the director of the
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department of career and technical education, and the director of the division of workforce<br>development, who shall serve as chairman.
54-60-22. Workforce enhancement council - Grants. The workforce enhancement
council shall recommend to the commissioner the approval of grants to institutions of higher<br>education assigned primary responsibility for workforce training in this state to be used to create<br>or enhance training programs that address workforce needs of private sector companies. A grant<br>made under this section may be used for curriculum development, equipment, recruitment of<br>participants, and training and certification for instructors but may not be used to supplant funding<br>for current operations. The department may distribute funds under this section after:
1.
The division of workforce development certifies that a proposed training program<br>meets a critical workforce shortage in a target industry or other high-demand<br>occupation and is expected to lead to employment in this state; and
2.
The proposed recipient provides the department with detailed documentation of<br>private sector participation, including the availability of one dollar of matching funds<br>for each dollar of state funds.
54-60-23. Workforce enhancement fund - Continuing appropriation. The workforce
enhancement fund is a special fund in the state treasury.
All funds in the workforce
enhancement fund are appropriated to the department of commerce on a continuing basis for the<br>purpose of implementing and administering sections 54-60-21 and 54-60-22. Interest earned by<br>the fund must be credited to the fund.
54-60-24. Rural development office.
1.
The commissioner shall administer the rural development office. The purpose of the<br>office is to assist in the development of rural North Dakota communities.
2.
The commissioner may contract with a third party for the provision of services for the<br>rural development office. If the commissioner contracts with a third party under this<br>subsection, all data and databases collected and created by the third party in<br>performing services for the office are the property of the department and the third<br>party.
3.
The department may seek and accept any gift, grant, or donation of funds, property,<br>services, or other assistance from public or private sources for the purpose of<br>furthering the objectives of the rural development office.
54-60-25. North Dakota rural development council - Composition. The North Dakota
rural development council is created.
1.
The North Dakota rural development council is composed of a minimum of nine and<br>a maximum of seventeen members.
The commissioner is an ex officio voting
member of the council. The governor shall appoint council members for two-year<br>terms, except the governor shall appoint approximately one-half of the initial council<br>members to one-year terms in order to initiate a cycle of staggered terms.<br>Appointment of the council members must ensure representation from eight regions<br>designated by the commissioner. Members of the council serve at the pleasure of<br>the governor.
2.
The council shall select its own officers who shall serve for a term of two years<br>commencing on October first of each year.
3.
The council shall have at least two meetings each year and such additional meetings<br>as the chairman determines necessary at a time and place to be fixed by the<br>chairman. Special meetings must be called by the chairman on written request of<br>any four members. A simple majority of the council constitutes a quorum and may
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act upon any matter coming before the council. Members of the council are entitled<br>to reimbursement in the same manner and at the same rate provided by law for<br>other state officials.
4.
The council, in cooperation with the rural development office, shall:
a.
Facilitate collaboration among federal, state, local, and tribal governments and<br>the private and nonprofit sectors in the planning and implementation of<br>programs and policies that have an impact on rural areas of the state;
b.
Monitor, report, and comment on policies and programs that address, or fail to<br>address, the needs of the rural areas of the state; and
c.
Facilitate the development of strategies to reduce or eliminate conflicting or<br>duplicative administrative or regulatory requirements of federal, state, local, and<br>tribal governments.
54-60-26.
Division of workforce development - Annual reports - North Dakota
workforce development council - Budget acceptance.
1.
Annually, job service North Dakota, the department of career and technical<br>education, the department, and the state board of higher education each shall<br>submit a report to the division of workforce development relating to the respective<br>agency's current workforce initiatives and activities and that agency's plan for future<br>workforce initiatives and activities.
The division of workforce development shall
consider these reports in preparing the consolidated biennial statewide strategic plan<br>for the state's system for workforce development, workforce training, and talent<br>attraction required under section 54-60-19.
2.
Before November first of each even-numbered year, job service North Dakota, the<br>department of career and technical education, the department, and the state board<br>of higher education each shall present the respective agency's workforce-related<br>budget initiatives for the upcoming biennium, including alignment of these initiatives<br>with the consolidated biennial statewide strategic plan, to the North Dakota<br>workforce development council, created by governor's executive order 1995-01,<br>dated January 3, 1996. The North Dakota workforce development council members<br>shall consider potential areas for collaboration.
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Document Outline
chapter 54-60 department of commerce
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