The Lawmaking Process In North Dakota Explained

The process of a bill becoming a law in North Dakota is a lengthy one. It involves multiple readings, committee reviews, votes, and approvals. The bill must be introduced, referred to a committee, heard in a public hearing, voted on, and then passed to the other house, where the process is repeated. If the bill is amended, it returns to the original house for concurrence. If the bill passes both houses, it is enrolled and sent to the Governor for approval. The Governor can sign the bill, veto it, or take no action. If the Governor takes no action for a certain number of days, the bill becomes a law.

Prefiling a bill

In North Dakota, a legislator may prefile a bill with the Legislative Council between the conclusion of the organisational session and the regular session (usually from December 10 through December 24). The Legislative Council staff will then number the bill and have it printed so that copies are available when the Legislative Assembly convenes for the regular session.

Although these prefiled bills are technically introduced on the first day of the regular session, they will have already received numbers, been printed, and been referred to the appropriate standing committees by the Lieutenant Governor (for Senate measures) or the Speaker of the House (for House measures).

The process of prefiling a bill ensures that it is ready for introduction and consideration during the regular session of the Legislative Assembly. It involves the following steps:

• A legislator drafts a bill and submits it to the Legislative Council before the regular session begins.
• The Legislative Council staff review the bill and assign it a number.
• The bill is printed and copies are made available for the upcoming regular session.
• The Lieutenant Governor or the Speaker of the House refers the bill to the appropriate standing committee.

By prefiling a bill, legislators can ensure that it is ready for introduction and consideration as soon as the regular session begins. This helps to streamline the legislative process and enables bills to be acted upon in a timely manner.

Bill delivery and review

The process of a bill becoming a law in North Dakota is a detailed and instructive one. Between the conclusion of the organisational session and the regular session (usually from December 10 through December 24), a legislator may prefile a bill with the Legislative Council. The staff of the Legislative Council then numbers the bill and has it printed so that copies are available when the Legislative Assembly meets in the regular session.

During a legislative session, a legislator can deliver a bill to the bill clerk of the appropriate house at any time of day. If the bill has not been prepared by the Legislative Council staff, it is delivered to them for review to determine if it complies with the form and style requirements for bills. The staff then prepare the bill according to these requirements and return it to the bill clerk.

Every bill received by the bill clerk before the deadline for that day is then numbered and introduced during the Ninth Order of Business (the order for introducing bills of that house). Upon introduction, the bill's title is read by the Secretary of the Senate or Chief Clerk of the House, known as the First Reading.

The First Reading

Once a bill receives its first reading, the following procedure is followed:

• The presiding officer refers the bill to a standing committee with the appropriate subject matter jurisdiction over the bill. For example, a bill relating to game and fish licenses would be referred to the Natural Resources Committee.
• The committee chairman schedules a public hearing on the bill. By custom, every bill referred to committee is scheduled for a public hearing.
• After the public hearing, the committee must report the bill back to the floor for a vote. Legislative rules require that every bill referred to committee be reported back to the floor for a vote. A committee report is received during the Fifth Order of Business. The committee must make one or more of the following recommendations with respect to a bill: do pass, do not pass, be amended, be referred to another committee, or be placed on the calendar without recommendation.

Bill introduction

The process of a bill becoming a law in North Dakota begins with the introduction of the bill. This can happen in two ways. Firstly, between the conclusion of the organisational session and the regular session (usually from December 10 to December 24), a legislator may prefile a bill with the Legislative Council. The Legislative Council staff will then number the bill and have it printed so that copies are available when the Legislative Assembly convenes for the regular session. These prefiled bills are technically introduced on the first day of the regular session, even though they have already been numbered, printed, and referred to the appropriate standing committees.

The second way a bill can be introduced is during a legislative session, when a legislator can deliver a bill to the bill clerk of the appropriate house at any time during the day. If the bill has not been prepared by the Legislative Council staff, it is delivered to them for a review to determine if it complies with the form and style requirements for bills. The Legislative Council staff then prepares the bill accordingly, before returning the bill to the bill clerk.

Every bill received by the bill clerk before the deadline for that day is then numbered by the clerk and introduced during the Ninth Order of Business (the order for introducing bills of that house). Upon introduction, the bill's title is read by the Secretary of the Senate or Chief Clerk of the House, known as the First Reading.

Once a bill has received its first reading, the presiding officer refers it to a standing committee with the appropriate subject matter jurisdiction over the bill. For example, a bill relating to game and fish licenses would be referred to the Natural Resources Committee.

Committee referral

Once a bill has received its first reading, the presiding officer refers it to a standing committee with the appropriate subject matter jurisdiction over the bill. For example, a bill relating to game and fish licenses would be referred to the Natural Resources Committee.

The committee chairman is then responsible for scheduling a public hearing on the bill. By custom, every bill referred to committee is scheduled for a public hearing. After the public hearing, the committee must report the bill back to the floor for a vote. The legislative rules require every bill referred to committee to be reported back to the floor for a vote. A committee report is received during the Fifth Order of Business, and the committee must make one or more of the following recommendations with respect to a bill: do pass, do not pass, be amended, be referred to another committee, or be placed on the calendar without recommendation.

Every bill reported from the committee is placed on the calendar for consideration during the Eleventh Order of Business (the order for Second Reading, when measures are voted on for final passage) the next day. If the recommendation is for amendment, the amendment is voted on first under the Sixth Order of Business (when amendments are considered), rather than final passage, and then the amended bill is voted on the day following the day of the vote on the amendment. For example, a bill is reported back on Wednesday (during the Fifth Order), the amendment is voted on Thursday (during the Sixth Order), and the vote on final passage is on Friday (during the Eleventh Order).

Bill passage and delivery

Legislative Session

The North Dakota Legislative Assembly meets for regular sessions, such as the 68th Legislative Assembly, which convened from January 3 to April 30, 2023. During these sessions, legislators can introduce and work on bills, which are proposals for new laws or changes to existing laws.

Bill Introduction and First Reading

A bill is introduced when a legislator delivers it to the bill clerk of the appropriate house. The bill then receives its first reading, where the title is read by the Secretary of the Senate or Chief Clerk of the House.

Committee Referral and Public Hearing

After the first reading, the presiding officer refers the bill to a relevant standing committee, such as the Natural Resources Committee for a bill on game and fish licenses. The committee chairman then schedules a public hearing on the bill, allowing for input and discussion.

Committee Report and Recommendation

Following the public hearing, the committee must report the bill back to the floor for a vote. The committee makes one of the following recommendations: do pass, do not pass, be amended, be referred to another committee, or be placed on the calendar without a recommendation.

Second Reading and Vote

Every bill reported by the committee is placed on the calendar for the Second Reading, when the bill is voted on for final passage. If the recommendation is for amendment, the amendment is voted on first, and then the amended bill is voted on the following day.

Passage in the Other House

If the bill passes the initial vote, it is delivered to the other house, where it undergoes a similar procedure, including referral to a committee, a public hearing, and a vote. If the bill is amended in the second house, it returns to the house of origin for concurrence.

Conference Committee

If the house of origin does not concur with the amendments, a conference committee consisting of members from both houses is appointed to resolve the differences. The conference committee report is then voted on by both houses.

Enrollment and Delivery to the Governor

Once a bill passes both houses in the same form, it is enrolled by the Legislative Council staff, signed by the presiding officers of each house, and delivered to the Governor for approval.

Governor's Action

The Governor has several options: signing the bill and forwarding it to the Secretary of State, forwarding the bill without a signature, or vetoing the bill or specific items within it. If the Governor takes no action within a certain timeframe, the bill can become law without their signature.

Override of Veto

If the Governor vetoes the bill, it is returned to the house of origin. If the house of origin passes the bill by a two-thirds vote, it is sent to the other house, and a two-thirds vote there overrides the veto, and the bill is delivered to the Secretary of State.

Effective Date of Laws

Laws enacted during a regular session typically take effect on August 1 after their filing with the Secretary of State. However, appropriation or tax measures take effect on July 1. Laws passed during a special session take effect on the date specified in the Act. Emergency measures can take effect upon filing with the Secretary of State.

Frequently asked questions