State agencies may develop programs to provide bonuses to recruit or retain employees in hard-to-fill occupations.

1.    State agencies may pay recruitment and retention bonuses under this section only if:

a.    The agency has a written policy in place identifying eligible positions or occupations and provisions for providing and receiving bonuses; b.    The agency has filed a copy of the written policy with the North Dakota human resource management services; and

    c.    The agency reports to the North Dakota human resource management services each bonus provided to an employee under the program.

2.    State agencies must fund bonus programs from within the agency salaries and wages budget.

3.    The North Dakota human resource management services shall report periodically to the legislative management on the implementation, progress, and bonuses provided under agency recruitment and retention bonus programs.

4.    Bonuses paid under this section are not fiscal irregularities under section 54-14-03.1.

5.    As used in this section, a hard-to-fill occupation includes an occupation or position in which demand exceeds supply, special qualifications are required, competition with other employers is the strongest, there is a risk of losing an incumbent with rare skills, the position is filled by a highly skilled employee who is in high demand in the marketplace, loss of the employee would result in significant replacement costs, the position is filled by key personnel, or the position has other unique recruitment or retention issues identified and documented by the appointing authority.