2016 North Dakota Century Code Title 54 State Government Chapter 54-34.3 Division of Economic Development and Finance
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CHAPTER 54-34.3
DIVISION OF ECONOMIC DEVELOPMENT AND FINANCE
54-34.3-01. Department of commerce division of economic development and finance
established - Mission.
The department of commerce division of economic development and finance is established
to assume the functions, powers, and duties of the department of economic development and
finance with respect to programs and other efforts intended to enhance the economic
development of the state. The mission of the division is to develop strategies and programs to:
1. Facilitate the growth, diversification, and expansion of existing enterprises and the
attraction and creation of new wealth-generating enterprises in the state;
2. Promote economic diversification and innovation within the basic industries and
economic sectors of this state, including strategies and programs designed to
specialize and focus the state's economy on identified target industries;
3. Promote increased productivity and value-added products, processes, and services in
the state, and the export of those goods and services by North Dakota enterprises to
the nation and to the world;
4. Maintain and revitalize economically depressed rural areas by working in close
collaboration with local communities and by encouraging communities to enter into
cooperative relationships for more efficient and effective education, health care,
government service, and infrastructure maintenance;
5. Forge a supportive partnership with the Bank of North Dakota, the board of higher
education and the state's institutions of higher education, regional planning councils,
local development organizations and authorities, the state's nonprofit development
corporations, and other appropriate private and public sector organizations in
achieving the economic goals of the state; and
6. Identify those statutes, administrative rules, and policies that impede the attraction,
creation, and expansion of businesses and job creation in this state.
54-34.3-02. Definitions.
As used in this chapter, unless the context or subject matter otherwise requires:
1. "Department" means the department of commerce.
2. "Director" means the director of the department of commerce division of economic
development and finance.
3. "Division" means the department division of economic development and finance.
54-34.3-03. Division structure.
The division consists of:
1. Offices established by statute; and
2. Offices the director organizes and establishes as necessary to carry out most
efficiently and effectively the mission and duties of the division.
54-34.3-04. Director - Compensation - Duties.
A director shall supervise and control the division. The director shall:
1. Manage the internal operations of the division and establish policies that promote the
orderly and efficient administration of the division;
2. Appoint personnel as may be determined necessary to carry out this chapter and fix
their compensation within the limits of legislative appropriations;
3. Assume central responsibility to develop, implement, and coordinate within state
government a comprehensive program of economic development consistent with the
mission of the division;
4. Coordinate that program of economic development with all other appropriate state and
local government departments, agencies, institutions, and organizations that perform
research, develop and administer programs, gather statistics, or perform other
functions relating to economic development, and those government entities shall
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advise, cooperate, and provide reasonable assistance to the director in carrying out
this chapter;
Advise, and cooperate with, departments and agencies of the federal government and
of other states, private business and agricultural organizations and associations,
research institutions, and any individual or other private or public entity, and call upon
those entities or individuals for consultation and assistance in their respective fields of
endeavor or interest in order that the division and the state may benefit from
up-to-date technical advice, information, and assistance;
Cooperate with individuals and both public and private entities, including the state's
congressional delegation, in identifying and pursuing potential sources of funding and
to receive those funds to be expended for purposes consistent with this chapter;
Have authority to enter into contracts upon terms and conditions as determined by the
director to be reasonable and to effectuate the purposes of this chapter;
Identify and coordinate sources of capital and financial assistance, including lending
programs of the Bank of North Dakota, and administer programs of financial
assistance placed under the administration of the division, to business and industry,
local governments, and other entities and individuals in the state consistent with the
mission of the division; and
Have authority to do any and all other things necessary and proper to carry out this
chapter.
54-34.3-05. Finance office.
Repealed by S.L. 2009, ch. 480, § 16.
54-34.3-06. Division offices.
The director shall organize and establish other offices as necessary to carry out most
efficiently and effectively the mission and duties of the division.
54-34.3-07. Division of science and technology - Deputy director - Duties.
Repealed by S.L. 1997, ch. 48, § 19.
54-34.3-08. Patents.
The division of economic development and finance, the North Dakota development fund,
incorporated, and the North Dakota agricultural products utilization commission may hold or
assign for remuneration all or a portion of their interest in patents or royalty rights acquired in
the course of their operation and performance of duties as provided by law.
54-34.3-09. Cooperation with other agencies or private entities to jointly publish or
mail publications.
Repealed by S.L. 2001, ch. 488, § 58.
54-34.3-10. Commission on the status of women - Appointment - Expenses - Duties.
There is established a commission on the status of women. This commission consists of
five members. The governor shall appoint each member for a term of four years, staggered so
that the term of at least one member expires July first of each year. A vacancy occurring other
than by reason of the expiration of a term must be filled in the same manner as original
appointments, except that the appointment may be made for only the remainder of the
unexpired term. The members are entitled to be paid for mileage and actual expenses incurred
in attending meetings and in performance of their official duties in amounts provided by law for
other state officers and employees. This commission shall coordinate activities and serve as a
clearinghouse and an advisory group to the division for information relating to economic
development programs that focus on career development for women. This commission shall
prepare for and perform followup duties in connection with state, regional, and national
conferences, encourage interest, participation, and cooperation with state departments,
agencies, and other organizations in developing needed services, facilities, and opportunities,
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and provide consultant help to local organizations created for the purpose of coordinating
activities for the economic and career development of women.
54-34.3-11. Mutual fund capital pool - Authorization.
The division of economic development and finance, in conjunction with the agricultural
products utilization commission, may establish a mutual fund capital pool to attract farm and
nonfarm investments in value-added processing projects.
54-34.3-12. Value-added agriculture promotion board.
Repealed by S.L. 2011, ch. 439, § 7.
54-34.3-13. Rural growth incentive program.
1. The department shall manage and administer the rural growth incentive program. A
city with a population of less than two thousand five hundred may apply to the
department to be designated as a rural growth incentive city. A rural growth incentive
city may be eligible for a loan, grant, or both under this section.
2. The department shall designate an applicant city as a rural growth incentive city
eligible for a loan if the city raises funds in the amount of a dollar-for-dollar match for
the amount requested in the loan and meets any additional program requirements
provided by rule. The source of city funds used for loan matching funds may be any
combination of public and private funds. If the department designates a city as a rural
growth incentive city eligible for a loan under this section, subject to the availability of
funds, the state shall make a loan to the city in an amount not less than twenty-five
thousand dollars and not more than seventy-five thousand dollars. The department
shall establish the amount of the interest rate for loans provided to a city under this
subsection. The funding source of the state loan is the North Dakota development
fund. The city shall distribute the city and state funds to qualifying new or expanded
primary sector businesses in the city. A qualifying business in the city includes a
business that provides essential services to the city. For purposes of this subsection, a
business that provides essential services does not include a public utility. The
governing body of the city determines whether a new or expanded primary sector
business qualifies for funding, and the director of the department determines whether
a business that provides essential services to the city qualifies for funding. The state
shall distribute a loan to a rural growth incentive city once the city establishes the city
has chosen a specified qualified business to receive funding.
3. The department shall designate an applicant city as a rural growth incentive city
eligible for a grant if the city raises funds in the amount of a dollar-for-dollar match for
the amount requested in the grant application and meets any additional program
requirements provided by rule. The source of city funds used for grant matching funds
may be any combination of public and private funds. If the department designates a
city as a rural growth incentive city eligible for a grant under this section, subject to
availability of funds, the state shall make a grant to the city in an amount not to exceed
ten thousand dollars. The recipient rural growth incentive city shall use the grant
money received to conduct a feasibility study for the location of a new business,
including an expansion of a business with the primary place of business outside the
rural growth incentive city. The business under this subsection is not limited to primary
sector businesses. The funding source of the state grant is the North Dakota
development fund. Total grants awarded by the department under this subsection may
not exceed one hundred thousand dollars per biennium.
4. The city may not use city or state funds raised or provided under this section for costs
associated with administering the rural growth incentive city. The department shall
provide the rural growth incentive city with training to assist the city in expanding
primary sector businesses, locating new businesses, and working with state economic
development programs.
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54-34.3-14. International business and trade office - Advisory board.
Repealed by S.L. 2007, ch. 493, § 9.
54-34.3-15. Local economic developer certification and education programs.
The director may implement certification and education programs through which the division
provides training to assist local economic developers and community leaders in meeting the
needs of businesses. The director may contract with a third-party service provider to assist in
implementing the program. The director may set and charge a fee for the receipt of services
under this program.
54-34.3-16. Life science industries - Promotion - Exemption.
The commissioner of commerce shall promote the development of life science industries in
this state. Life science industries include biotechnology, biomedical sciences, and
biopharmaceuticals. If any entity owns or operates an animal or research facility, the ownership
or operation does not violate the requirements of chapter 10-06.1, provided the commissioner
annually certifies to the secretary of state that:
1. a. The facility is licensed or registered with the United States department of
agriculture animal and plant health inspection service, as required by the Animal
Welfare Act;
b. The facility has an assurance on file with the United States public health service;
or
c. The facility is accredited by the association for assessment and accreditation of
laboratory animal care; and
2. The primary purpose of the facility involves the production of products for uses other
than human food consumption.
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