Kara Sears
In North Dakota, a bill must pass the House of Representatives and the Senate by a majority vote in each house to become law. The North Dakota Century Code, which is the codification of general and permanent law, is updated following each Legislative Assembly to reflect any changes. The effective date of a new law is usually August 1, but it can be earlier if the Legislative Assembly declares an emergency and the measure receives a two-thirds vote of the members-elect in each house.
| Characteristics | Values |
|---|---|
| When a bill becomes law | After being signed by the governor |
| When a bill becomes effective | August 1, unless it's an appropriations or tax measure, in which case it becomes effective July 1 |
| Who can introduce a bill? | Members of the Legislative Assembly, standing committees, or the Legislative Management |
| Where do bills get introduced? | House of Representatives or the Senate |
| What are the names of bills introduced in the House of Representatives? | House Bills |
| What are the names of bills introduced in the Senate? | Senate Bills |
| What is the numbering system for House Bills? | 1001 |
| What is the numbering system for Senate Bills? | 2001 |
| What is the numbering system for House Concurrent Resolutions? | 3001 |
| What is the numbering system for Senate Concurrent Resolutions? | 4001 |
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What You'll Learn
The process of a bill becoming a law
Prefiling
A legislator may prefile a bill with the Legislative Council between the conclusion of the organizational session and the regular session (usually from December 10 through December 24). The Legislative Council staff numbers the bill and has the bill printed so that copies are available when the Legislative Assembly convenes in regular session.
Technically, prefiled bills are introduced on the first day of the regular session. Upon introduction, the bill's title is read by the Secretary of the Senate or Chief Clerk of the House. This is known as the First Reading.
First Reading
Once a bill receives its first reading, the presiding officer refers the bill to a standing committee with the appropriate subject matter jurisdiction over the bill, e.g., a bill relating to game and fish licenses would be referred to the Natural Resources Committee.
Committee Hearing
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. 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. A 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.
Second Reading
Every bill reported from 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.
Third Reading
If the bill passes, it is messaged (delivered) to the other house, where a similar procedure is followed. If the bill is amended in the other house, it is returned to the house of origin for concurrence. If the house of origin does not concur, the presiding officer of each house appoints three members to a six-member conference committee to resolve differences. The house of origin votes on the conference committee report first, then the other house votes on the conference committee report.
Enrolment
Once a bill has passed both houses in exactly the same form, it is enrolled (retyped with all amendments in place) by the Legislative Council staff, signed by the presiding officer of each house, and delivered to the Governor for approval.
Approval
The Governor may sign a bill and forward it to the Secretary of State, forward a bill to the Secretary of State without signature, or veto a bill or items in a bill. While the Legislative Assembly is in session, a bill becomes law if the Governor neither signs nor vetoes it within three legislative days after its delivery to the Governor. If the Legislative Assembly is not in session, a bill becomes law if the Governor neither signs nor vetoes it within 15 days, Saturdays and Sundays excepted, after its delivery to the Governor.
Veto
If the Governor vetoes a bill while the Legislative Assembly is in session, the Governor must return the bill to the house of origin for a vote on whether to sustain (agree with) the veto. If the house of origin passes the bill by a two-thirds vote of the members-elect, the bill is sent to the other house, and if that house passes the bill by a two-thirds vote of the members-elect, the veto is overridden and the bill is delivered to the Secretary of State.
Enactment
A law usually takes effect on August 1 after its filing with the Secretary of State. An appropriation measure for the support and maintenance of state departments and institutions or a tax measure that changes tax rates takes effect on July 1 after its filing with the Secretary of State. Later effective dates can be specified in a bill, and a law that is declared an emergency measure and which passes each house by a vote of two-thirds of the members-elect of each house can take effect upon its filing with the Secretary of State.
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The North Dakota Century Code
The Century Code is systematically arranged under broad titles such as Title 23 – Health and Safety, Title 39 – Motor Vehicles, Title 54 – State Government, and Title 65 – Workers' Compensation. Laws with specific expiration dates are typically not codified in the Century Code. The code is updated following each legislative assembly to reflect any changes.
The code is also amended to address contemporary issues. For instance, in 2023, the state legislature passed a law prohibiting "instruction relating to critical race theory" in school districts' or public schools' required curriculum. This law adds a new section to Chapter 15.1-21 of the North Dakota Century Code.
Additionally, the North Dakota Century Code can be found online at ndlegis.gov, ensuring accessibility and transparency for the state's residents.
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The North Dakota Constitution
The current North Dakota Constitution was adopted in 1889 and has been amended 167 times since then. The constitution consists of 16 articles:
- Article I: Declaration of Rights
- Article II: Elective Franchise
- Article III: Powers Reserved to the People
- Article IV: Legislative Branch
- Article V: Executive Branch
- Article VI: Judicial Branch
- Article VII: Political Subdivisions
- Article VIII: Education
- Article IX: Trust Lands
- Article X: Finance and Public Debt
- Article XI: General Provisions
- Article XII: Corporations Other than Municipal
- Article XIII: Compact with the United States
- Article XIV: Ethics Commission
- Article XV: Term Limits
- Article XVI: Congressional Age Limits
> "We, the people of North Dakota, grateful to Almighty God for the blessings of civil and religious liberty, do ordain and establish this constitution."
In addition to the constitution, North Dakota's laws are codified in the North Dakota Century Code, which is the state's compilation of general and permanent laws. The Century Code is arranged systematically under broad titles and is updated following each legislative assembly to reflect any changes.
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The North Dakota Legislative Branch
The North Dakota Legislative Assembly is the state legislature of North Dakota. The Legislative Assembly consists of two chambers: the lower North Dakota House of Representatives, with 94 representatives, and the upper North Dakota Senate, with 47 senators. The state is divided into 47 constituent districts, with two representatives and one senator elected from each district.
The Legislative Assembly convenes in the west chamber of the 19-story Art Deco state capitol building in Bismarck. The Legislative Assembly is a biennial legislature, with the House and Senate sitting for only 80 days in odd-numbered years. A Legislative Council oversees legislative affairs in the interim periods, conducting longer-term studies of issues and drafting legislation for consideration by both houses during the next session.
Members of both houses are limited to two four-year terms. Members of the House of Representatives must be at least 21 years old, while senators must be at least 25. Members of both houses must be, on the day of the election, qualified electors from their home district and must have been residents of North Dakota for at least one year immediately prior to their election.
Bills are created, amended, or repealed by a majority vote in both houses of the Legislative Assembly. Bills may be introduced by members of the Legislative Assembly, standing committees, or the Legislative Management. A state executive agency or the North Dakota Supreme Court can have bills automatically introduced in the name of the standing committee to which the bill will be referred.
The North Dakota Century Code is the codification of general and permanent law in the state. It was published between 1959 and 1960 and was named to commemorate the 100th anniversary of the establishment of Dakota Territory in 1861. The Century Code is arranged systematically under broad titles such as Title 23 – Health and Safety, Title 39 – Motor Vehicles, Title 54 – State Government, and Title 65 – Workers Compensation.
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The North Dakota Legislative Assembly
The Legislative Assembly is responsible for enacting laws and appropriating the money necessary to operate the state government. It also conducts oversight activities to ensure that the money and authority given to the state and local governments are being handled as intended.
The Legislative Assembly meets for 80 days in odd-numbered years, and a Legislative Council oversees legislative affairs in the interim periods, conducting longer-term studies and drafting legislation for consideration by both houses during the next session.
For a bill to become law, it must pass the House of Representatives and the Senate by a majority vote. Bills may be introduced by members of the Legislative Assembly, standing committees, or the Legislative Management. Once a bill is passed by the House and the Senate, it goes to the Governor for consideration. The Governor has three options: they can veto the bill, refuse to sign it, or take no action. If the Governor vetoes the bill, it can be overridden by a two-thirds vote of the legislators in both houses. If the Governor takes no action, the bill becomes law without their signature.
The Legislative Assembly also places proposed constitutional amendments before North Dakota voters and provides constituent services to help people deal with government entities. It serves as the vehicle for voicing opinions on behalf of North Dakota to federal agencies, other states, and interstate organizations.
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Frequently asked questions
To become a law, a bill must pass the House of Representatives and the Senate by a majority vote of the members-elect in each house. Bills may be introduced by members of the Legislative Assembly, standing committees, or the Legislative Management. A state executive agency or the North Dakota Supreme Court can have bills automatically introduced in the name of the standing committee to which the bill will be referred.
The Constitution of North Dakota provides that bills adopted by the Legislative Assembly generally take effect on August 1 after filing with the Secretary of State. However, certain appropriations and tax measures become effective on July 1. The effective date may be later if specified in the bill or earlier if the Legislative Assembly declares an "emergency" and the measure receives a two-thirds vote.
Yes, in April 2023, Governor Doug Burgum signed Senate Bill 2247, which bans mandatory diversity training at public institutions of higher education in the state. This law took effect on August 1, 2023. Additionally, in November 2021, Governor Burgum signed House Bill 1508, which prohibits instruction relating to critical race theory in school districts' or public schools' required curriculum.
