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North Dakota Legislative Assembly

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47-421: The North Dakota Legislative Assembly is the state legislature of the U.S. state 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. Due to

94-401: A bill from a committee", which led to subsequent reforms. Reports of Committee After a committee has completed work on a bill, it reports the bill to the appropriate house during the "reports of committees" in the daily order of business. Reported bills are immediately given a second reading. The houses do not vote on a bill at the time it is reported; however, reported bills are placed on

141-609: A change to a unicameral legislature by nearly 70-30, it would have only taken effect if the voters also approved the new state constitution on the same ballot, but it was rejected 62.69-37.31. In addition to a four-year term for both houses of the Legislative Assembly, Section 3 states that one-half of the members of the Senate and one-half of the members of the House of Representatives must be elected biennially. Originally,

188-562: A committee to "kill" a bill, sometimes without even a public vote; in Colorado, the power was notably repealed in a citizen initiative constitutional amendment in 1988 driven by various reform groups. When a committee refuses to vote a bill out of committee, a discharge petition can be passed by the broader membership. The specifics vary from state to state; for example, in 2004, a report found that New York State "places more restrictions than any other state legislature on motions to discharge

235-506: A majority party, this is known as the majority being "rolled". When there are bills which most of the majority oppose, roll rates are a measure of the majority party's avoidance of voting on those bills. Committee review Committees review bill, often holding hearings to gather information and opinions, and can propose amendments to bill similar to legislative bodies throughout the world. Most bills cannot be enacted into law until it has been referred to, acted upon by, and returned from,

282-531: A measure that imposed a two-term limit for assembly members elected since that year. All statutes passed by the Legislative Assembly and signed by the governor become part of the North Dakota Century Code . Members of both houses elected to the Legislative Assembly must be, on the day of the election, a qualified elector from their home district and must be a resident of North Dakota for one year immediately prior to their election. Due to

329-417: A standing committee in each house. Reference to committee usually follows the first reading of the bill. Each committee is set up to consider bills relating to a particular subject. Standing committees are charged with the important responsibility of examining bills and recommending action to the Senate or House. Often on days when a legislature is not in session, the committees of each house meet and consider

376-502: A state in the same way that the United States Congress performs national duties at the national level. Generally, the same system of checks and balances that exists at the federal level also exists between the state legislature, the state executive officer (governor) and the state judiciary . A state is permitted to use a parliamentary system , or any other system of government, if it so desired. In 27 states,

423-429: Is an elected office in the U.S. state of North Dakota . The incumbent as of 2023 was Michael Howe . Duties of the secretary of state include being the custodian of the state's Great Seal and other official state documents, recording the official acts of the governor , distributing copies of legislative resolutions, and recording original bills and resolutions from each biennial Legislative Assembly . Other duties of

470-399: Is available to ensure that legislation and accompanying discussion proceed as orderly as possible without bias. Bill drafting and submission The lawmaking process begins with the introduction of a bill in either the House of Representatives or the Senate. Bills may be introduced in either house, sometimes with the exception of bills increasing or decreasing revenue, which must originate in

517-540: Is called the Nebraska Legislature , but its members are called state senators. The first bicameral American legislature was formed in 1619 as the Virginia House of Burgesses . The legislatures of the initial Thirteen Colonies usually consisted of an elected lower house and an appointed upper house , the latter of which also functioned as an advisory council to the colonial governor. After

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564-488: Is done by committees. The legislature as a whole relies on its committees to report out only those bills deserving the consideration of the entire house. Through standing committees, each bill is addressed by a group of members who have special knowledge of its subject. Some members of the legislature have expert knowledge of particular subjects of legislation, and these members are usually placed on committees to take full advantage of this specialized knowledge. For this reason,

611-711: Is headquartered in Denver, Colorado and has a lobbying office in Washington, D.C. Additionally, privately funded organizations with ideological leanings have annual meetings attracting many legislators. These include the American Legislative Exchange Council (ALEC), a conservative organization, and the State Innovation Exchange (SIX), its progressive counterpart. As of 2017, 24 of 99 chambers have limits on

658-413: Is not considered by the full house, the bill is defeated. The house of origin, upon return of its amended bill, may take any one of several courses of action. It may concur in the amendment by the adoption of a motion to that effect; then the bill, having been passed by both houses in identical form, is ready for enrollment. Another possibility is that the house of origin may adopt a motion to non-concur in

705-666: Is to create laws. State legislatures also approve budget for state government. They may establish government agencies, set their policies, and approve their budgets. For instance, a state legislature could establish an agency to manage environmental conservation efforts within that state. In some states, state legislators elect other officials, such as governor. State legislatures often have power to regulate businesses operating within their jurisdiction. They also regulate courts within their jurisdiction. This includes determining types of cases that can be heard, setting court fees, and regulating attorney conduct. Other responsibilities Under

752-586: The American Revolution and the establishment of the United States, most states wrote new constitutions which had direct elections for both chambers of the legislature. This model helped influence the U.S. Constitution and was then adopted by new states which later joined the union . Members of the smaller chamber represent more citizens and usually serve for longer terms than members of the larger chamber, generally four years. In 41 states,

799-437: The U.S. Senate , because that chamber's makeup is prescribed by the U.S. Constitution .) During a legislative session , the legislature considers matters introduced by its members or submitted by the governor. Businesses and other special interest organizations often lobby the legislature to obtain beneficial legislation, defeat unfavorably perceived measures, or influence other legislative action. A legislature also approves

846-404: The governor and to try articles of impeachment. (In a few states, a separate executive council, composed of members elected from large districts, performs the confirmation function.) Nebraska originally had a bicameral legislature like the other states, but the lower house was abolished following a referendum, effective with the 1936 elections. The remaining unicameral (one-chamber) legislature

893-699: The City Auditorium in Bismarck . Under the approval of Governor George F. Shafer , the current Art Deco capitol was built as a replacement between 1931 and 1934 in the midst of the Great Depression . State legislature (United States) [REDACTED] [REDACTED] In the United States , the state legislature is the legislative branch in each of the 50 U.S. states . A legislature generally performs state duties for

940-418: The House of Representatives. The order of business in each house provides a proper time for the introduction of bills. Bills are usually assigned consecutive numbers, given in the order of their introduction, to facilitate identification. Usually a bill cannot become enacted until it has been read on a certain number of days in each house. Upon introduction, a bill is usually read by its title only, constituting

987-501: The Legislative Assembly being 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, doing longer-term studies of issues, and drafting legislation for consideration of both houses during the next session. Members of both houses are limited to two four-year terms since January 2023. Prior to this, members were elected without term limits . The Legislative Assembly convenes in

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1034-482: The Legislative Assembly until the morning of December 28, 1930, when the original building burned down. During the fire, Secretary of State Robert Byrne saved the original copy of the state constitution , but suffered cuts and burns on his hands while breaking a window to reach the document. In the interim period without a capitol, the Legislative Assembly convened in both the War Memorial Building and

1081-847: The National Conference of The Council of State Governments (CSG), headquartered in Lexington, Kentucky, with offices in Washington, DC; New York City; Chicago; Atlanta; and Sacramento, and at the annual meetings of CSG's regions, The Southern Legislative Conference, The Midwestern Legislative Conference, the Eastern Regional Conference and CSG West, and at the Legislative Summit of the National Conference of State Legislatures , which

1128-602: The North Dakota Constitution limited members of the North Dakota House of Representatives to two-year terms, with the all representatives standing for reelection at the same time. In 1996, the voters approved a constitutional amendment that changed the term for representatives to four-years with staggered terms. The amendment went into effect July 1, 1997, and was first applied in the 1998 elections. In 2022, they also approved another amendment,

1175-401: The amendment, at which point the bill dies. Finally, the house of origin may refuse to accept the amendment but request that a conference committee be appointed. The other house usually agrees to the request, and the presiding officer of each house appoints members to the conference committee. Conference committees North Dakota Secretary of State The North Dakota secretary of state

1222-494: The basis of representation in most state legislatures was modeled on that of the U.S. Congress : the state senators represented geographical units, while members of the larger chamber represented population. In Reynolds v. Sims the Supreme Court decided upon the one man, one vote standard for state legislatures and invalidated representation based on geographical units regardless of population. (The ruling does not affect

1269-561: The biennial nature of the legislature, legislation, research, committee reports, and testimony during interim periods is provided by the Legislative Management. Legislative Management consists of 17 legislators, including the majority and minority leaders of both houses and the Speaker of the House. The Speaker appoints six other representatives, three from the majority party and three from the minority party as recommended by

1316-428: The bill, the entire legislature gives consideration to its passage. At this time, the bill may be studied in detail, debated, amended, and read at length before final passage. If the majority vote in favor of the bill, it is recorded as passed. Transmission to second house A bill that is passed in one house is transmitted, along with a formal message, to the other house. If the bill is not reported from committee or

1363-413: The bills that have been referred to them to decide if the assigned bills should be reported for further action. For most bills, the recommendations of the committee are followed, although either house is free to accept or reject the action of the committee. Bills reported favorably by a committee may be placed on a regular calendar (the agenda of the deliberative body). Most of the work of the legislature

1410-421: The calendar for the next legislative day. This second reading is made by title only. The regular calendar is a list of bills that have been favorably reported from committee and are ready for consideration by the membership of the entire house. Third reading Regardless of where a bill is placed on the calendar, once the bill is considered and adopted, this is called the third reading. At this third reading of

1457-424: The first reading of the bill. Because a bill is usually read by title only, it is important that the title give the members notice of the subject matter contained in the bill. A 2013 study of state legislatures found that of the 99 studied, about half, 53, had roll rates below 5% . And most, 83, had roll rates below 10% . When a bill passes where most votes are from the minority party and "moderate" members of

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1504-567: The larger chamber is called the House of Representatives. Five states designate the larger chamber the assembly, three states call it the House of Delegates, and one has just one chamber. Members of the larger chamber usually serve for terms of two years. The larger chamber customarily has the exclusive power to initiate taxing legislation and articles of impeachment . Prior to the United States Supreme Court decisions Baker v. Carr (1962) and Reynolds v. Sims (1964),

1551-467: The legislature is called the legislature or the state legislature , while in 19 states the legislature is called the general assembly . In Massachusetts and New Hampshire , the legislature is called the general court , while North Dakota and Oregon designate the legislature the legislative assembly . The responsibilities of a state legislature vary from state to state, depending on state's constitution . The primary function of any legislature

1598-608: The legislature is considered full-time, the session may last all year, with periodic breaks for district work. Some states have varying lengths for odd-numbered and even-numbered years, or allow for a fixed number of either legislative or calendar days. Georgia for example, allows only 40 legislative days per year, and Wyoming allows 60 legislative days per term and no more than 40 per one calendar year. Whereas in Michigan , New Jersey , New York (in odd-numbered years), Ohio , Pennsylvania and Wisconsin (in odd-numbered years),

1645-452: The legislature often accepts the final recommendations of its standing committees. As has been noted, however, the legislature does not completely abdicate its responsibility for the consideration of pending bills. If the need arises, the members of either house can force a committee to take action on a bill, or they can ignore the committee's recommendations. Pocket veto and discharge petitions Pocket veto powers are common, which allows

1692-471: The majority and minority leaders, respectively. The Lieutenant Governor , as President of the Senate, appoints four senators from the majority and two from the minority as recommended by the majority and minority leaders, though the Senate President does not sit on Legislative Management. Built between 1883 and 1884, the original territorial (and later) state capitol building served as the home to

1739-399: The manner of appointing the state's presidential electors . Formerly, state legislatures appointed the U.S. Senators from their respective states until the ratification of the 17th Amendment in 1913 required the direct election of senators by the state's voters. Sometimes what the legislature wishes to accomplish cannot be done simply by the passage of a bill, but rather requires amending

1786-401: The number of bills that a legislator can introduce per year according to NCSL . Most limits are set by internal legislative rules, while Louisiana's legislature is limited by constitutional amendment. Generally, the legislative bodies and their committees use either Mason's Manual of Legislative Procedure or an amended form thereof. During official meetings, a professional parliamentarian

1833-409: The office include those pertaining to statewide elections, licensing within the state, and recording trademarks . The secretary of state is second (behind the lieutenant governor ) in the line of succession to the office of Governor of North Dakota . From the creation of the office with the state's constitution in 1889, to 2015 there had been 13 secretaries of state, the least number among any of

1880-446: The population of a single member senatorial district, and may provide for the election of senators at-large and representatives at-large from subdistricts from those districts. On September 1, 1970, North Dakota voters approved calling a constitutional convention. As part of the convention, on April 28, 1972, North Dakota held a ballot referral on whether the legislature should remain bicameral or become unicameral. While voters approved

1927-400: The sessions usually last all year. Four state legislatures – Montana , Nevada , North Dakota and Texas – meet only biennially. In the early 1960s, only 19 legislatures met annually, but by the mid-1970s, it had increased to 41. The latest legislature to switch to annual sessions was Oregon in 2011, following a voter-approved ballot measure. Many state legislators meet every year at

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1974-414: The state constitution. Each state has specified steps intended to make it difficult to alter the constitution without the sufficient support of either the legislature, or the people, or both. All states except Nebraska have a bicameral legislature. The smaller chamber is called the senate, usually referred to as the upper house. This chamber usually has the exclusive power to confirm appointments made by

2021-456: The state into as many legislative districts of compact and contiguous territory as there are senators. A senator and at least two representatives must be apportioned to each senatorial district and be elected at large or from subdistricts from those districts. The Legislative Assembly may combine two senatorial districts only when a single member senatorial district includes a federal facility or federal installation, containing over two-thirds of

2068-547: The state offices created in that year. This is attributed to the 34-year tenure of Ben Meier , which as of 2015 was the longest of any state-level secretary of state in the US. As of 2015 the office had been held by the North Dakota Republican Party at all times except the period 1989 to 1992, when the state's Democratic Party was in office. The secretary of state originally served a two-year term, but this

2115-488: The state's operating and capital budgets, which may begin as a legislative proposal or a submission by the governor. In most states, a new state legislature convenes in January of the odd-numbered year after the election of members to the larger chamber. The period during which the legislature remains in session varies by state. In states where the legislature is considered part-time, a session may last several months; where

2162-450: The terms of Article V of the U.S. Constitution , state lawmakers retain the power to ratify Constitutional amendments which have been proposed by both houses of Congress and they also retain the ability to call for a national convention to propose amendments to the U.S. Constitution. After the convention has concluded its business 75% of the states will ratify what the convention has proposed. Under Article II , state legislatures choose

2209-486: The west chamber of the 19-story Art Deco state capitol building in Bismarck . According to Article IV, Section 1 of the North Dakota Constitution , the Senate must be composed of no fewer than 40 senators, and no more than 54. Similarly, the House of Representatives must be composed of no fewer than 80 and no more than 108 representatives. Section 2 states that the Legislative Assembly can divide

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