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<br />f~Xh j' Vlt If. <br /> <br />Sixtieth Legislative Assembly of North Dakota <br />In Regular Session Commencing Wednesday, January 3,2007 <br /> <br />SENATE BILL NO. 2321 <br />(Senators Mathern, Hacker, J. Lee) <br />(Representatives Wieland, N. Johnson, Conrad) <br /> <br />AN ACT to create and enact two new sections to chapter 54-44.3 of the North Dakota Century Code, <br />relating to authorizing political subdivisions to request an exemption from coverage under the <br />state merit system. <br /> <br />BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: <br /> <br />SECTION 1. Two new sections to chapter 54-44.3 of the North Dakota Century Code are <br />created and enacted as follows: <br /> <br />Political subdivision may reauest to be exempted from state merit system. A ooIitical <br />subdivision subiect to the merit system under this chapter may file a reauest with the division and the <br />director of the deoartment of human services to be exemoted from the merit system. The reQuest must <br />describe a olan and oolicy that assures the oolitical subdivision has develooed a merit system olan that <br />meets federal standards for oersonnel administration. The division and the director of the department <br />of human services shall authorize the oolitical subdivision olan within sixty days of receivinQ a request <br />under this section if the olan and oolicies meet federal reQuirements. If the division and the director of <br />the deoartment of human services determine that the orooosed olan and oolicies fail to meet the federal <br />reauirements. the division and the director shall deny the reauest and notify the reQuester of the <br />soecific reasons for the denial. <br /> <br />Political subdivision merit system comDliance. The division and the deoartment of human <br />services shall develop oversight and audit orocedures for political subdivision merit systems to assure <br />comoliance with federal merit system orincioles. If the division and the deoartment of human services <br />determine that a oolitical subdivision has failed to maintain comoliance with federal merit system <br />principles. the division and the deoartment shall notify the oolitical subdivision of the noncomoliance <br />and order the political subdivision to take corrective action. If a oolitical subdivision does not take the <br />necessary corrective action to comoly with federal merit system orincioles. the division and the <br />department of human services shall revoke the oolitical subdivision's exemotion from the state merit <br />system and return the oolitical subdivision to the state merit system. The ooIitical subdivision is <br />responsible for any oenalty assessed by a federal authority for a noncompliant oolitical subdivision <br />merit system. <br />