North Dakota Code 54-66-01 – Definitions
As used in this chapter, unless the context otherwise requires:
Terms Used In North Dakota Code 54-66-01
- Allegation: something that someone says happened.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Individual: means a human being. See North Dakota Code 1-01-49
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Rule: includes regulation. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
1. “Accused individual” means a lobbyist, public official, candidate for public office, political committee, or contributor who is alleged to have violated article XIV of the Constitution of North Dakota, this chapter, or another law or rule regarding transparency, corruption, elections, or lobbying.
2. “Complainant” means an individual who, in writing or verbally, submits a complaint to the commission and is:
a. A North Dakota resident; b. Subject to licensing by a state agency or other public official subject to the jurisdiction of the ethics commission; or
c. A party to a quasi-judicial proceeding before a state agency or other public official subject to the jurisdiction of the ethics commission.
3. “Complaint” means a verbal or written allegation to the commission that a lobbyist, public official, candidate for public office, political committee, or contributor has violated article XIV of the Constitution of North Dakota, this chapter, or another law or rule regarding transparency, corruption, elections, or lobbying.
4. “Ethics commission” or “commission” means the North Dakota ethics commission established by article XIV of the Constitution of North Dakota.
5. “Gift” means any item, service, or thing of value not given in exchange for fair market consideration including travel and recreation, except:
a. Purely informational material; b. A campaign contribution; and
c. An item, service, or thing of value given under conditions that do not raise ethical concerns, as set forth in rules adopted by the ethics commission, to advance opportunities for state residents to meet with public officials in educational and social settings in the state.
6. “Influence state government action” means promoting or opposing the adoption of a rule by an administrative agency or the commission under chapter 28-32.
7. “Lobby” means an activity listed in subsection 1 of section 54-05.1-02.
8. “Lobbyist” means an individual required to register under section 54-05.1-03.
9. “Public official” means an elected or appointed official of the state’s executive or legislative branch, members of the commission, members of the governor’s cabinet, and employees of the legislative branch.
10. “Receives the complaint” means one or more members of the commission learn of the complaint.
11. “Ultimate and true source” means the person that knowingly contributed over two hundred dollars solely to lobby or influence state government action.