2016 North Dakota Century Code Title 54 State Government Chapter 54-07 Governor
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CHAPTER 54-07
GOVERNOR
54-07-01. Powers and duties of governor.
In addition to the powers and duties prescribed by the constitution, the governor:
1. Shall supervise the official conduct of all executive and ministerial officers.
2. Shall see that all offices are filled, and the duties thereof performed, or in default
thereof, shall apply such remedies as the law allows. If the remedy is imperfect, the
governor shall acquaint the legislative assembly therewith at its next session.
3. Shall make appointments and fill vacancies as required by law.
4. Shall be the sole official organ of communication between the government of this state
and the government of any other state of the United States.
5. Whenever any suit or legal proceeding is pending against this state, which may affect
the title of this state to any property or which may result in any claim against the state,
may direct the attorney general to appear on behalf of the state, and may employ such
additional counsel as the governor may deem expedient.
6. May require the attorney general or state's attorney of any county to inquire into the
affairs or management of any corporation or limited liability company existing under the
laws of this state.
7. May require the attorney general to aid any state's attorney in the discharge of the
state's attorney's duties.
8. May offer rewards not exceeding one thousand dollars each, payable out of any
legislative appropriation therefor, for the apprehension of any convict who has escaped
from the penitentiary, or any person who has committed, or who is charged with the
commission of, an offense punishable with death or life imprisonment.
9. Shall issue patents for land as prescribed by the laws of this state.
10. Has such other powers and must perform such other duties as are or may be devolved
upon the governor by law.
11. Shall produce and deliver to the legislative assembly by December tenth of each
even-numbered year a report on the status of children and families and proposals for
addressing the needs of children and families.
54-07-01.1. Emergency powers of the governor.
In emergencies in support of national defense, the governor may cooperate with any officer
or agency of the United States in the transportation of persons or property and the conservation
and utilization of vital transportation equipment, materials, and supplies, and when requested by
such officer or agency, may issue executive orders related thereto which will:
1. Suspend or modify the enforcement of any statute, ordinance, or regulation relating to
the operation of motor vehicles upon the highways and streets of the state where it
appears that the enforcement of such statute, ordinance, or regulation would impede
or interfere with the national defense.
2. Prescribe maximum rates of speed at which any motor vehicle may be operated on
any highway or street in the state.
3. Prescribe the sizes and load weights of motor vehicles which may be operated on any
highway or street in the state.
4. Suspend the enforcement of any statute, ordinance, or regulation that requires any
motor vehicle, bus, or housetrailer, to which a valid and unexpired permit or license
has been issued by another state, to obtain a permit or license from this state.
5. Prescribe reasonable regulations for the conservation and utilization of the highways
and streets, and of vital transportation equipment, and materials and supplies used in
connection therewith.
6. Amend, revoke, or suspend any such executive order or regulation.
The governor shall report to the legislative assembly at its next session any proceedings taken
by the governor pursuant to this section. Such report must include copies of all executive orders
or regulations promulgated by the governor.
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54-07-01.2. Governor to have power to appoint majority of members of certain boards
and commissions - Limitations.
1. Notwithstanding sections 2-05-01, 4.1-05-02, 4.1-26-02, 6-01-03, 6-09-02.1,
12-55.1-02, 12-59-01, 15-39.1-05.1, 15.1-01-01, 15.1-13-02, 20.1-02-23, 23-01-02,
23-25-02, 36-01-01, 37-18.1-01, 50-06-05.6, 50-06.1-16, 54-34.3-10, 54-54-02,
55-01-01, 61-02-04, and 61-28-03, all members of the following boards and
commissions must, subject to the limitations of this section, be considered to have
resigned from such boards and commissions effective January first of the first year of
each four-year term of the governor:
a. The aeronautics commission.
b. The milk marketing board.
c. The dairy promotion commission.
d. The state banking board.
e. The state credit union board.
f. The advisory board of directors to the Bank of North Dakota.
g. The pardon advisory board.
h. The state parole board.
i. The state board of public school education.
j. The education standards and practices board.
k. The board of trustees of the teachers' fund for retirement.
l. The state game and fish advisory board.
m. The health council.
n. The air pollution control advisory council.
o. The board of animal health.
p. The administrative committee on veterans' affairs.
q. The committee on aging.
r. The committee on employment of people with disabilities.
s. The commission on the status of women.
t. The North Dakota council on the arts.
u. The state historical board.
v. The state water commission.
w. The state water pollution control board.
2. The governor shall have the option of reappointing any member to any board or
commission to complete the term to which the member was appointed, or the governor
may appoint a simple majority of any board or commission to complete the terms of
those resigned members who do not receive reappointments. In order to assure
continuity, the governor shall reappoint for the completion of their original terms no
fewer than one less than a simple majority of the former members of each board or
commission.
3. If the governor has not acknowledged in writing the resignation of any members of any
board or commission prior to July first of the first year of the governor's term, the board
or commission member must be considered to have been reappointed to complete the
term to which the member was originally appointed. All members of boards and
commissions shall continue to serve until the time they are notified of the acceptance
of their resignation by the governor, and in all cases the members of boards and
commissions shall continue to serve until their successors have been named and
qualified.
4. In those instances where nominations for the filling of vacancies on boards and
commissions are submitted to the governor pursuant to state law, the governor shall
notify such persons and organizations of acceptance of the resignation of any board or
commission member. Such persons and organizations shall furnish the governor with
the number of required nominations to fill the vacancies within sixty days after the
notice or the governor may nominate and appoint such members as are otherwise
qualified.
5. The provisions of this section do not apply to those constitutional officers who serve on
boards and commissions, except insofar as a governor may count such constitutional
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6.
officers among those the governor reappoints in order to conform to the continuity
requirements of this section.
All vacancies created by resignation after July first of the first year of each term of a
governor must be filled as provided by law. If any person refuses an appointment, the
governor shall fill such position as otherwise provided by law.
54-07-01.3. Governor to coordinate conversion to metric system by executive branch.
The office of the governor may coordinate and plan for conversion to the metric system by
all agencies, boards, commissions, and departments within the executive branch of state
government in conformance with the Metric Conversion Act of 1975 [Pub. L. 94-168; 89 Stat.
1007; 15 U.S.C. 205a et seq.]. The governor may direct such agencies, departments, boards,
and commissions to comply with any guidelines established by the United States metric board
to meet the desired deadline for converting to general use of the metric system.
54-07-01.4. Office of management and budget to be designated or appointed as
administering state agency.
The governor may designate or appoint the office of management and budget as the state
agency responsible for administering any statutory function if that function is not statutorily
placed in a specific state entity. The office of management and budget shall administer the
statutory functions received pursuant to this section in accordance with applicable statutory
provisions.
54-07-01.5. Governor to file bills with secretary of state.
The governor shall cause each bill passed by the legislative assembly and not vetoed by
the governor to be filed with the secretary of state within five legislative days after the bill has
been delivered to the governor. If the legislative assembly is not in session, the governor shall
cause each bill delivered to the governor to be filed with the secretary of state within fifteen
days, Saturdays and Sundays excepted, after delivery of the bill to the governor.
54-07-01.6. Governor to receive bills.
The governor shall accept delivery of bills passed by the legislative assembly and presented
to the governor during regular business hours. The governor may coordinate with the presiding
officer of the senate or the presiding officer of the house of representatives with respect to the
delivery of senate or house bills outside normal business hours or during times the governor
anticipates being out of the office for more than three legislative days.
54-07-02. Records kept by governor.
The governor shall cause to be kept the following records:
1. An account of all of the governor's official expenses and disbursements, including the
incidental expenses of the governor's department, and of all rewards offered by the
governor for the apprehension of criminals and persons charged with crime.
2. A register of all appointments made by the governor, with the date of the commission,
name of appointee, and predecessor.
These records and the originals of all reports must be preserved in the office of the governor.
Whenever any application for appointment to office is refused by the governor, the governor
may return the papers relating to the application.
54-07-03. Persons acting as governor - Powers and duties.
Every provision of the laws of this state in relation to the powers and duties of the governor,
and in relation to the acts and duties to be performed by others toward the governor, extends to
the person performing for the time being the duties of governor.
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54-07-04. Salary of governor.
The annual salary of the governor is one hundred twenty-nine thousand ninety-one dollars
through June 30, 2016, and one hundred thirty-two thousand nine hundred sixty-four dollars
thereafter.
54-07-05. Highway safety assent.
The governor, in addition to other duties and responsibilities conferred upon the governor by
the constitution and laws of this state, is hereby empowered to contract and to do all other
things necessary in behalf of this state to secure the full benefits available to this state under the
Highway Safety Act of 1966 [Pub. L. 89-564; 80 Stat. 731; 23 U.S.C. 401 et seq.], and in so
doing, to require compliance by state agencies and political subdivisions; to cooperate with
federal and state agencies, agencies private and public, interested organizations, and with
individuals; to effectuate the purposes of that enactment and any and all subsequent
amendments thereto. The governor is the official of this state having ultimate responsibility for
dealing with the federal government with respect to programs and activities pursuant to the
Highway Safety Act of 1966 [Pub. L. 89-564; 80 Stat. 731; 23 U.S.C. 401 et seq.] and any
amendments thereto. To that end the governor shall coordinate the activities of any and all
departments and agencies of this state and its subdivisions, relating thereto.
54-07-06. Division of economic opportunity.
Repealed by S.L. 1979, ch. 553, § 20.
54-07-07. Governor's prevention and advisory council duties - Continuing
appropriation.
The governor's prevention and advisory council shall contract with or grant funds to entities
within this state to discourage impaired driving and alcohol and drug abuse by minors. The
council may accept grants and gifts of any money, property, or service from any public or private
source for the purposes of this section. Any funding obtained by the council, not otherwise
appropriated, is appropriated on a continuing basis for the purposes of this section. Funding
appropriated for the purposes of this section may not be used for costs associated with an
initiated measure.
54-07-08. North Dakota youth council - Creation.
Expired under S.L. 2009, ch. 461, § 5.
54-07-09. Youth council chairman - Meetings.
Expired under S.L. 2009, ch. 461, § 5.
54-07-10. Youth council powers.
Expired under S.L. 2009, ch. 461, § 5.
54-07-11. Youth council duties.
Expired under S.L. 2009, ch. 461, § 5.
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