19.0007.

01000

Sixty-sixth
Legislative Assembly BILL NO.
of North Dakota

Introduced by

Representative Streyle

1 A BILL for an Act to create and enact a new section to chapter 54-12 of the North Dakota
2 Century Code, relating to duties of the attorney general; to amend and reenact sections
3 15-01-01 and 54-12-08 of the North Dakota Century Code, relating to membership of the board
4 of university and school lands and appointment of assistant attorneys general; to repeal
5 sections 54-12-09 and 54-12-10 of the North Dakota Century Code, relating to the appointment
6 and duties of an assistant attorney general for the board of university and school lands; and to
7 provide an effective date.

8 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

9 SECTION 1. AMENDMENT. Section 15-01-01 of the North Dakota Century Code is

10 amended and reenacted as follows:
11 15-01-01. Board - Membership - Officers.
12 The governor, secretary of statetax commissioner, state treasureragriculture commissioner,
13 attorney general, and superintendent of public instruction shall constitute the "board of
14 university and school lands". The governor must be the chairman, the secretary of statetax
15 commissioner must be the vice chairman, and the commissioner of university and school lands
16 must be the secretary of the board. In the absence of the commissioner at any meeting of the
17 board, the deputy commissioner of university and school lands shall act as secretary. When
18 acting as the board of university and school lands, the members of the board shall act in person
19 and may not be represented by any assistant, clerk, or deputy.
20 SECTION 2. AMENDMENT. Section 54-12-08 of the North Dakota Century Code is
21 amended and reenacted as follows:

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1 54-12-08. Assistant and special assistant attorneys general - Appointment -

2 Revocation - Compensation.
3 1. After consultation with the head of the state department or institution or with the state
4 board, commission, committee, or agency affected, the attorney general may appoint
5 assistant or special assistant attorneys general to represent the state board,
6 commission, committee, or agency. AExcept as provided in section 3 of this Act, a
7 state officer, head of any state department, whether elected or appointed, or state
8 department, board, commission, committee, or agency may not employ legal counsel,
9 and no person may act as legal counsel in any matter, action, or proceeding in which
10 the state or any state department, board, commission, committee, or agency is
11 interested or is a party, except uponunless that person has been granted a written
12 appointment by the attorney general. Workforce safety and insurance, the department
13 of transportation, the state tax commissioner, the public service commission, the
14 insurance commissioner, and the securities commissioner may employ attorneys to
15 represent them. These entities shall pay the salaries and expenses of the attorneys
16 they employ within the limits of legislative appropriations. The attorneys that represent
17 these entities must be special assistant attorneys general appointed by the attorney
18 general pursuant to this section. Absent good cause, the attorney general shall appoint
19 as special assistant attorneys general licensed attorneys selected by these entities.
20 The attorney general may revoke the appointment only for good cause or upon the
21 request of the entity. Good cause means an inadequate level of experience,
22 competence, or ethical standards.
23 2. The powers conferred upon special assistant attorneys general are the same as are
24 exercised by the regular assistant attorneys general, unless the powers are limited
25 specifically by the terms of the appointment. Except as otherwise provided by this
26 section, an appointment is revocable at the pleasure of the attorney general. The
27 appointment may be made with or without compensation, and when compensation is
28 allowed by the attorney general for services performed, the compensation must be
29 paid out of the funds appropriated therefor.
30 3. The attorney general may require payment for legal services rendered by any
31 assistant or special assistant attorney general to any state official, board, department,

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1 agency, or commission and those entities shall make the required payment to the
2 attorney general. Moneys received by the attorney general in payment for legal
3 services rendered must be deposited into the attorney general's operating fund.
4 General fund moneys may not be utilized for the payment of legal services provided by
5 the attorneys employed by the attorney general, except for those payments required of
6 the department of human services, state department of health, and the state hospital.
7 4. An assistant or special assistant attorney general appointed to represent the state
8 board of higher education or an institution under the control of the state board of
9 higher education may access and examine any record under the control of the state
10 board of higher education. For purposes of reviewing records under the Family
11 Educational Rights and Privacy Act [20 U.S.C. 1232g; 34 CFR 99] or any other federal
12 privacy law, the assistant or special assistant attorney general is considered a state
13 educational official authorized to access student records.
14 Assistant and special assistant attorneys general - Appointment - Revocation -
15 Compensation. (Contingent effective date - See note)
16 1. After consultation with the head of the state department or institution or with the state
17 board, commission, committee, or agency affected, the attorney general may appoint
18 assistant or special assistant attorneys general to represent the state board,
19 commission, committee, or agency. AExcept as provided in section 3 of this Act, a
20 state officer, head of any state department, whether elected or appointed, or state
21 department, board, commission, committee, or agency may not employ legal counsel,
22 and no person may act as legal counsel in any matter, action, or proceeding in which
23 the state or any state department, board, commission, committee, or agency is
24 interested or is a party, except uponunless that person has been granted a written
25 appointment by the attorney general. Workforce safety and insurance, the department
26 of transportation, the state tax commissioner, the public service commission, the
27 insurance commissioner, and the securities commissioner may employ attorneys to
28 represent them. These entities shall pay the salaries and expenses of the attorneys
29 they employ within the limits of legislative appropriations. The attorneys that represent
30 these entities must be special assistant attorneys general appointed by the attorney
31 general pursuant to this section. Absent good cause, the attorney general shall appoint

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1 as special assistant attorneys general licensed attorneys selected by these entities.

2 The attorney general may revoke the appointment only for good cause or upon the
3 request of the entity. Good cause means an inadequate level of experience,
4 competence, or ethical standards.
5 2. The powers conferred upon special assistant attorneys general are the same as are
6 exercised by the regular assistant attorneys general, unless the powers are limited
7 specifically by the terms of the appointment. Except as otherwise provided by this
8 section, an appointment is revocable at the pleasure of the attorney general. The
9 appointment may be made with or without compensation, and when compensation is
10 allowed by the attorney general for services performed, the compensation must be
11 paid out of the funds appropriated therefor.
12 3. The attorney general may require payment for legal services rendered by any
13 assistant or special assistant attorney general to any state official, board, department,
14 agency, or commission and those entities shall make the required payment to the
15 attorney general. Moneys received by the attorney general in payment for legal
16 services rendered must be deposited into the attorney general's operating fund.
17 General fund moneys may not be utilized for the payment of legal services provided by
18 the attorneys employed by the attorney general, except for those payments required of
19 the department of human services, state department of health, department of
20 environmental quality, and the state hospital.
21 4. An assistant or special assistant attorney general appointed to represent the state
22 board of higher education or an institution under the control of the state board of
23 higher education may access and examine any record under the control of the state
24 board of higher education. For purposes of reviewing records under the Family
25 Educational Rights and Privacy Act [20 U.S.C. 1232g; 34 CFR 99] or any other federal
26 privacy law, the assistant or special assistant attorney general is considered a state
27 educational official authorized to access student records.
28 SECTION 3. A new section to chapter 54-12 of the North Dakota Century Code is created
29 and enacted as follows:

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1 Attorney general - Representation of certain entities prohibited.

2 Notwithstanding any other provision of law, the attorney general may not provide legal
3 advice or representation for any state board for which the attorney general is a member. If
4 necessary, any board on which the attorney general is a member shall employ private legal
5 counsel.
6 SECTION 4. REPEAL. Sections 54-12-09 and 54-12-10 of the North Dakota Century Code
7 are repealed.
8 SECTION 5. CONTINGENT EFFECTIVE DATE. Section 1 of this Act is contingent on the
9 passage of House Concurrent Resolution No. ____ by the sixty-sixth legislative assembly and
10 approval of that resolution by the electors of this state. If section 1 of this Act takes effect, it
11 becomes effective January 1, 2021.

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