2016 North Dakota Century Code Title 54 State Government Chapter 54-60 Department of Commerce
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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.
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 or office the commissioner determines necessary to carry out this
chapter.
2. The commissioner shall appoint the director of each division of the department. Each
director appointed by the commissioner serves at the pleasure of the commissioner
and is entitled to receive a salary set by the commissioner within the 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, 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. The commissioner:
1. Shall file an oath of office in the usual form before commencing to perform the duties
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 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 working
network of commerce service providers;
6. Shall coordinate the department's services with commerce-related services of other
state agencies;
7. Shall advise and cooperate with departments and agencies of the federal government
and of other states; private businesses, agricultural organizations, and associations;
research institutions; and with any individual or other private or public entity;
8. May enter contracts upon terms and conditions as determined by the commissioner 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
session to a standing committee of each house of the legislative assembly as
determined by the legislative management and shall report annually to the 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
report; and
e. On commerce benchmarks, including the average annual wage in the state, the
gross state product exclusive of agriculture, and the number of primary sector
jobs in the state;
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10.
11.
Shall adopt rules necessary to implement this chapter; and
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 members
appointed by the governor for two-year terms, except the governor shall appoint
approximately one-half of the initial foundation members to one-year terms in order to
initiate a cycle of staggered terms. Appointment of the foundation members must
ensure a cross section of business, tourism, and economic development
representation, and must ensure that at least one member represents rural concerns.
2. The foundation members shall elect an executive committee with a minimum of five
and a maximum of seven foundation members, which shall include a chairman, vice
chairman, secretary, treasurer, and up to three members at large.
3. The foundation shall seek funding for administrative expenses from private sector
sources and shall seek and distribute private sector funds for use in commerce-related
activities of the state. The private sector funds are not public moneys for any purpose
and are not subject to section 12 of article X of the Constitution of North Dakota.
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
accountability standards, measurements, and benchmarks to evaluate the
effectiveness of the department in implementing the strategic plan.
d. Monitor economic development activities and initiatives of the department.
e. Recommend state and federal legislation relating to strengthening the state's
economy and increasing the state's population.
f. Monitor state and federal legislation and initiatives that may impact the state's
economy and population.
g. Serve as a source of expertise for developing public and private initiatives to
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 foundation member is entitled to reimbursement for mileage and expenses as
provided for state 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 heads, or other authorized
representatives, of the state board for career and technical education, the state board of higher
education, the Bank of North Dakota, the department of agriculture, workforce safety and
insurance, the department of transportation, job service North Dakota, the game and fish
department, and of any other state agency appointed by the commissioner. The commissioner
is the chairman of the cabinet and shall determine which agencies are members of the cabinet.
The cabinet shall:
1. Coordinate and communicate economic development and tourism efforts of the
agencies represented.
2. Meet at times determined by the commissioner.
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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 entity for the
purpose of jointly publishing or distributing information or publications as provided in 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 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 website - 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.
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' employees to present to the public a positive image of the state.
The commissioner may expand 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 information regarding how to do business
in the state, the services and assistance available to businesses, the advantages of doing
business in the state, and information on state and other resources that provide assistance to
businesses in the state. In addition to directly providing information, the department may use the
business hotline as a clearinghouse through which to refer callers to other federal, state, local,
or private sector economic developers. The program must include an in-state and out-of-state
marketing campaign in support of the program. The commissioner shall follow up on business
leads gained through the program and shall gather data on the results of calls, including
business expansion, location, and startup.
54-60-14. North Dakota American Indian business development office.
Repealed by S.L. 2015, ch. 5, § 4.
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 administer the North Dakota women's business program, to establish and fund
the women's business leadership council, certify women-owned businesses for federal or state
contracting, and to recruit, train, and assist women entrepreneurs to develop and diversify their
businesses. The office must have an administrator and staff sufficient to implement the office's
programs. The commissioner may contract with a third party for the provision of services for the
office. If the commissioner contracts with a third party under this section, all data and databases
collected and created by the third party in performing services for the office are the property of
the department and the third party.
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54-60-16. International business and trade office - Advisory board.
1. The commissioner shall administer the international business and trade office. The
purpose of the office is to assist North Dakota businesses expand exports to
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
challenges impacting North Dakota businesses;
d. Assisting North Dakota businesses in identifying, developing, and cultivating
international markets for products; and
e. Organizing and carrying out trade missions that seek to facilitate contact and
communication between North Dakota businesses and international markets.
2. The commissioner may designate a nonprofit corporation incorporated in this state that
has the primary purpose of assisting North Dakota exporters or contract with a third
party for the provision of services for the international business and trade office. If the
commissioner designates a nonprofit corporation or contracts with a third party under
this subsection, all data and databases collected and created by the third party in
performing services for the office are the property of the department and the third
party.
3. The department may seek and accept any gift, grant, or donation of funds, property,
services, or other assistance from public or private sources for the purpose of
furthering the objectives of the international business and trade office.
4. The commissioner may establish an international business and trade office advisory
board with which the director may consult in administering the international business
and trade office. Each member of the advisory board created under this subsection is
entitled to receive per diem compensation at a rate established by the director not
exceeding sixty-two dollars and fifty cents and reimbursement of expenses as
provided by law for state officers, while attending meetings or performing duties
directly related to board membership, except that per diem compensation under this
section may not be paid to any member who receives compensation or salary as a
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 higher education students,
high school students enrolled in grade eleven or twelve, and educators. The primary focus of
this program must be higher education internships in target industries. This program shall
provide services to employers, communities, and business organizations to increase internship,
apprenticeship, and work experience opportunities. The department shall maintain records of
the number of internship, apprenticeship, and work experience opportunities subsidized within
each funding recipient.
54-60-17.1. Internship fund - Continuing appropriation.
The internship fund is a special fund in the state treasury. All funds in the internship fund are
appropriated to the department of commerce on a continuing basis for the purpose of
implementing and administering section 54-60-17. Interest earned by the fund must be credited
to the fund.
54-60-18. Division of workforce development - Career specialist.
The division of workforce development, in consultation with the department of career and
technical education, job service North Dakota, and the superintendent of public instruction, shall
develop and implement a program to assist public schools in promoting North Dakota career
opportunities to students in grades nine through twelve.
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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
talent strategy, shall:
a. Consult with partners in the state's system for workforce development, workforce
training, and talent attraction, including job service North Dakota, the department
of career and technical education, the superintendent of public instruction, the
state board of higher education, the department of human services, and other
divisions of the department of commerce.
b. Develop a comprehensive, consolidated biennial statewide strategic plan for the
state's system for workforce development, workforce training, and talent
attraction.
c. Continuously review, identify how to improve, and implement improvements to the
state's system for workforce development, workforce training, and talent
attraction.
d. Develop linkages between partners of the state's system for workforce
development, workforce training, and talent attraction, to assure coordination and
nonduplication of programs and services provided in the state.
2. The division of workforce development shall develop and implement a system of
performance and accountability measures for the state's system for workforce
development, workforce training, and talent attraction. Each partner of the state's
system for workforce development, workforce training, and talent attraction shall
cooperate in providing the division the data necessary to implement these 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 department of career and technical
education, and the director of the division of workforce 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 education assigned primary responsibility for workforce training in
this state to be used to create or enhance training programs that address workforce needs of
private sector companies. A grant made under this section may be used for curriculum
development, equipment, recruitment of participants, and training and certification for instructors
but may not be used to supplant funding for current operations. The department may distribute
funds under this section after:
1. The division of workforce development certifies that a proposed training program
meets a critical workforce shortage in a target industry or other high-demand
occupation and is expected to lead to employment in this state; and
2. The proposed recipient provides the department with detailed documentation of private
sector participation, including the availability of one dollar of matching funds 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 purpose of implementing and administering sections 54-60-21 and 54-60-22.
Interest earned by the fund must be credited to the fund.
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54-60-24. Rural development office.
1. The commissioner shall administer the rural development office. The purpose of the
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
rural development office. If the commissioner contracts with a third party under this
subsection, all data and databases collected and created by the third party in
performing services for the office are the property of the department and the third
party.
3. The department may seek and accept any gift, grant, or donation of funds, property,
services, or other assistance from public or private sources for the purpose of
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 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 terms, except
the governor shall appoint approximately one-half of the initial council members to
one-year terms in order to initiate a cycle of staggered terms. Appointment of the
council members must ensure representation from four regions designated by the
commissioner. Members of the council serve at the pleasure of the governor.
2. The council shall select its own officers who shall serve for a term of two years
commencing on October first of each year.
3. The council shall have at least two meetings each year and such additional meetings
as the chairman determines necessary at a time and place to be fixed by the
chairman. Special meetings must be called by the chairman on written request of any
four members. A simple majority of the council constitutes a quorum and may act upon
any matter coming before the council. Members of the council are entitled to
reimbursement in the same manner and at the same rate provided by law for 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
the private and nonprofit sectors in the planning and implementation of 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
address, the needs of the rural areas of the state; and
c. Facilitate the development of strategies to reduce or eliminate conflicting or
duplicative administrative or regulatory requirements of federal, state, local, and
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 education,
the department, and the state board of higher education each shall submit a report to
the division of workforce development relating to the respective agency's current
workforce initiatives and activities and that agency's plan for future workforce initiatives
and activities. The division of workforce development shall consider these reports in
preparing the consolidated biennial statewide strategic plan for the state's system for
workforce development, workforce training, and talent attraction required under section
54-60-19.
2. Before November first of each even-numbered year, job service North Dakota, the
department of career and technical education, the department, and the state board of
higher education each shall present the respective agency's workforce-related budget
initiatives for the upcoming biennium, including alignment of these initiatives with the
consolidated biennial statewide strategic plan, to the North Dakota workforce
development council, created by governor's executive order 1995-01, dated January 3,
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1996. The North Dakota workforce development council members shall consider
potential areas for collaboration.
54-60-27. Division of workforce development - Pilot program - Higher education
electronic portfolio system.
Expired under S.L. 2011, ch. 50, § 36.
54-60-28. Unmanned aircraft systems program - Report to legislative management.
The department may establish and administer an unmanned aircraft systems test site,
contingent upon receiving official designation by the federal aviation administration. The
department shall cooperate with the university of North Dakota, the North Dakota aeronautics
commission, the adjutant general, and private parties appointed by the governor in the
administration of the test site. The department may charge fees sufficient to operate the test
site. The department shall, to the extent possible, use competitive bidding in the establishment
and administration of the test site. The commissioner may charter a public corporation to
operate the test site. The corporation must possess all of the powers of a business corporation
consistent with this chapter. The department shall report to the legislative management
semiannually on the status of the program.
54-60-29. Unmanned aircraft systems program fund - Continuing appropriation.
There is created in the state treasury a special fund known as the unmanned aircraft
systems fund, which must be used to defray the expenses of the operations of an unmanned
aircraft systems test site officially designated by the federal aviation administration. The fund
consists of fees collected for the administration of the test site. All moneys in the fund are
appropriated to the department of commerce on a continuing basis for the purpose of defraying
the expenses of the unmanned aircraft systems program. Interest earned on moneys in the fund
must be credited to the fund.
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