Organizations or agencies supported in whole or in part by public funds, or expending public funds, are covered by the law. N.D.C.C. § 44-04-17.1(13).
“Public funds” are defined as cash and other assets with more than minimal value received from the state or from any political subdivision of the state. N.D.C.C. § 44-04-17.1. An organization or agency “supported in whole or in part by public funds” means an organization or agency that has received public funds exceeding the fair market value of any goods or services given in exchange for the funds. Id. The funds may be grants, membership dues, fees, or any other type of payment. Id. According to the North Dakota attorney general, a nongovernmental organization expends public funds when it receives and uses a direct appropriation from a governmental entity, or when it manages a pool of public funds on behalf of one or more public entities. See N.D. Op. Att’y Gen. 96-F-18 (1996); N.D. Op. Att’y Gen. 99-O-02 (1999).