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<br />,. G7<h )''0;1 :J-a. )' <br />2i n j- blt )f, <br /> <br />Sixtieth Legislatiye 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 request to be exemoted from state merit system. A political <br />subdivision subiect to the merit system under this chapter may file a reauest with the division and the <br />director of the department of human services to be exempted from the merit system. The reQuest must <br />describe a plan and policy that assures the oolitical subdivision has developed a merit system plan that <br />meets federal standards for personnel administration. The division and the director of the department <br />of human services shall authorize the political subdivision plan within sixty days of receiving a request <br />under this section if the plan and oolicies meet federal requirements. If the division and the director of <br />the department of human services determine that the prooosed plan and oolicies fail to meet the federal <br />reQuirements. the division and the director shall deny the reauest and notify the reQuester of the <br />specific reasons for the denial. <br /> <br />Political subdivision merit system compliance. The division and the department of human <br />services shall develop oversight and audit procedures for political subdivision merit systems to assure <br />compliance with federal merit system principles. If the division and the department of human services <br />determine that a political subdivision has failed to maintain compliance with federal merit system <br />principles. the division and the department shall notify the political subdivision of the noncompliance <br />and order the political subdivision to take corrective action. If a pOlitical subdivision does not take the <br />necessary corrective action to comply with federal merit system principles. the division and the <br />department of human services shall revoke the political subdivision's exemption from the state merit <br />system and return the political subdivision to the state merit system. The pOlitical subdivision is <br />responsible for any penalty assessed by a federal authority for a noncompliant political subdivision <br />merit system. <br />