Each elective or appointive official or state employee employed by, or in charge of, an employing unit with offices in the state capitol building who fails or is unable to return a key, or keys, issued to that person pursuant to section 54-21-17.1 shall have that person’s final warrant-check for payment of salary or wages retained by the person in charge of the employing unit, or the person’s designee, until the key or keys are returned, or until the fee in lieu of return provided in this section has been paid. Each official or employee who fails or is unable to return keys issued to the person in the manner provided in section 44-08-18 shall pay a fee of five dollars for each key not returned, which fee must be in lieu of return of a key. Upon receipt of the in lieu fee, the person in charge of the employing unit, or the person’s designee, shall release the official’s or employee’s final warrant-check for payment of salary or wages. When an official or employee terminates that person’s employment and fails or is unable to return a key, or keys, issued to that person, the person in charge of the employing unit, or the person’s designee, shall retain the final warrant-check for payment of the salary or wages of that official or employee until this section has been complied with. As used in this section, the phrase “employing unit” means any agency, department, board, commission, or other governmental unit, including the supreme court, the legislative assembly, and the legislative council, which has offices located in the state capitol building. The phrase “person in charge” means the person who has the overall supervisory and administrative control over the employing unit.