Emergency Commission

Medium

The Emergency Commission addresses state agency funding issues outside of legislative sessions where agency spending authority is granted (NDCC ch. 54-16). The members of the commission review and may grant approval for requests for unanticipated expenses or unforeseen circumstances that occur between legislative sessions. The Secretary of State serves as the secretary of the Emergency Commission, and is responsible for receiving requests, tracking and communicating the status of requests, and posting the meeting minutes.

Emergency Commission Authority and Responsibilities

The Emergency Commission reviews requests and approves or denies:

  • Transfers between funds or line items in agency budgets
  • Funds paid from a contingency fund appropriated by the legislature
  • Action when there is an imminent threat to the safety of people due to disaster or an imminent financial loss to the state
  • Acceptance and disbursement of federal funds or other funds not appropriated by the legislative assembly and which the legislative assembly has not indicated an intent to reject

Submit a Request

Requests may be submitted to the Emergency Commission by elected or appointed officers, boards, commissions, directors, or state employees having the authority to transfer or expend any money appropriated by the legislative assembly. Requests can be made at anytime and will be considered at the next scheduled meeting. 

Agencies and institutions must submit their requests prior to accepting or obligating funds associated with the requests.

Submit an Emergency Commission Request

Medium

By law, certain decisions made by the Emergency Commission also need the approval of the Legislative Budget Section Committee. Due to this requirement, meetings of the Emergency Commission are usually scheduled 7 to 14 days before meetings of the Legislative Budget Section Committee, which usually meets 4 times a year. The Governor can also call special meetings of the Emergency Commission, if needed. The Office of Management and Budget makes spending authority changes as directed by the Emergency Commission and the Legislative Budget Section Committee. 

The North Dakota Office of Management and Budget (OMB) coordinates with the Emergency Commission to review, analyze, and investigate all requests prior to making a recommendation for approval or disapproval to the commission. 

Based on the action from the Emergency Commission and Legislative Budget Section, the Office of the Secretary of State communicates with OMB and requestors in regard to next steps. 

A letter is sent informing the requestor of the status of the request. Upon approval the process is handed off to OMB to complete the technical piece of the process and handle the transfer of funds, change appropriation authority, etc. requestors need to work with OMB to ensure changes and reports reflect the action as the commission intended.  

Requests denied by the Emergency Commission can be brought forward during a regular legislative session by the requesting agency for consideration within their budget request.

Members of the Emergency Commission are as follows:

Governor Kelly Armstrong
Chairman

Secretary of State Michael Howe
Secretary

Senator David Hogue
Majority Leader, Senate
District 38, Minot

Representative Mike Lefor
Majority Leader, House of Representatives
District 37, Dickinson

Senator Brad Bekkedahl
Chairman, Senate Appropriations Committee
District 1, Williston

Representative Don Vigesaa
Chairman, House Appropriations Committee
District 29, Cooperstown