There is a newer version of the North Dakota Century Code
2009 North Dakota Code
54 State Government
54-35 Legislative Management
Download pdfand of the senate plus six senators and seven representatives chosen biennially before the close
of each regular legislative session. In the house of representatives the speaker of the house
shall appoint to the legislative management four members recommended by the majority leader
and three members recommended by the minority leader, except that the speaker must by virtue
of office be one of the four members appointed from the speaker's faction. In the senate the
lieutenant governor shall appoint to the legislative management four members recommended by
the majority leader and two members recommended by the minority leader. Any vacancy occurring when the legislative assembly is not in session must be filled by the selection of
another member of the legislative assembly belonging to the same faction as the member
originally appointed, the selection to be made by the remaining senate or house members of the
legislative management, depending upon which body has the vacancy. Each senator and each
representative chosen to serve on the legislative management shall serve until a new legislative
management has been selected at the next regular legislative session; provided, however, that
no senator, not a holdover, who is not reelected to the senate, and no representative, who is not
reelected to the house of representatives, may serve as a member of the legislative
management beyond the closing day of the term to which elected. Any vacancy occurring because any member of the legislative management is not reelected must be filled for the period
from the beginning of the session until a new legislative management is selected, in the same
manner as the original legislative management is selected. 54-35-02. Powers and duties. In addition to the other applicable provisions of this chapter, the legislative management has the following powers and duties: 1. To study, consider, accumulate, compile, and assemble information on any subject
upon which the legislative assembly may legislate, and upon such subjects as the
legislative assembly may by concurrent or joint resolution authorize or direct, or any
subject requested by a member of the legislative assembly; provided, that the
legislative management may screen and prioritize studies assigned by concurrent or
joint resolution to maintain its workload within the limitations of time and legislative
appropriations. 2. To collect information concerning the government and general welfare of the state
and of its political subdivisions. 3. To study and consider important issues of public policy and questions of general
interest. 4. To study and promote uniformity of legislation in the United States upon subjects
upon which uniformity is desirable and to receive, review, and make recommendations on uniform and model laws recommended to it by the state
commission on uniform state laws. 5. To prepare proposed bills and resolutions for consideration of the succeeding
legislative assembly. 6. To call to its assistance other members of the legislative assembly, and it may
create committees consisting of its own members, or one or more of its own
members and one or more other members of the legislative assembly and delegate
by written resolution to such committees such of its powers and rights as it may
deem advisable. Committees of the legislative management may also include nonlegislator members. Any member of the legislative assembly has the right to
attend any meeting of the legislative management and may present that member's Page No. 1 views on any subject which the legislative management may at any particular time
be considering. 7. To issue subpoenas or subpoenas duces tecum in the manner provided in sections
54-03.2-08 and 54-03.2-09. Committees of the legislative management may issue
subpoenas and subpoenas duces tecum in the same manner if specifically
authorized by the legislative management. Failure to obey a subpoena issued by
the legislative management, or one of its committees, is contempt. 8. To control the use of the legislative chambers and permanent displays in memorial
hallway. Guidelines may be established pursuant to this subsection and the legislative council shall administer any guidelines that are established. 9. To determine access to legislative information services and impose fees for
providing legislative information services and copies of legislative documents. This
authority may not be exercised in a manner that contravenes access to legislative
documents as otherwise provided by law. 54-35-02.1. Legislative audit and fiscal review committee. For the purposes of studying and reviewing the financial transactions of this state; to assure the collection and
expenditure of its revenues and moneys in compliance with law and legislative intent and sound
financial practices; and to provide the legislative assembly with formal, objective information on
revenue collections and expenditures for a basis of legislative action to improve the fiscal
structure and transactions of this state, the legislative management shall appoint the legislative
audit and fiscal review committee. The members of the committee must be appointed in the
same manner as other members of interim committees of the legislative management. 54-35-02.2. Powers and duties of the legislative audit and fiscal review committee. The legislative audit and fiscal review committee shall study and review audit reports as selected
by the committee from those submitted by the state auditor, confer with the auditor and deputy
auditors in regard to such reports, and when necessary, confer with representatives of the
department, agency, or institution audited in order to obtain full and complete information in
regard to any and all fiscal transactions and governmental operations of any department, agency,
or institution of the state. Each department, agency, or institution shall furnish to the committee
such aid, information, and assistance in regard to fiscal transactions and governmental
operations as it may from time to time request. Whenever the committee may determine or have
reason to believe that there may have been a violation of law relating to the receipt, custody, or
expenditure of public funds by any state officer or employee, the committee shall present such
evidence or information as may be in its possession to the attorney general. The attorney general shall receive and accept such evidence or information and shall immediately commence
such additional investigation as the attorney general determines necessary. Upon completion of
the investigation, if the evidence supplied by the committee and through the investigation
indicates the probability of a violation of law by any state official or employee, the attorney
general immediately shall prosecute such official or employee as provided by law. The legislative management, through its committee on legislative audit and fiscal review, or such
persons as may be directed or employed by the legislative council, is authorized, within the limits
of legislative appropriations, to make such audits, examinations, or studies of the fiscal
transactions or governmental operations of departments, agencies, or institutions of the state as
the legislative management may determine necessary. 54-35-02.3. Employee benefits programs committee - Appointment - Selection of chairman. The legislative management, during each biennium, shall appoint an employee benefits programs committee in the same manner as the legislative management appoints other
interim committees. The legislative management shall appoint five members of the house of
representatives and four members of the senate to the committee. The legislative management
shall designate the chairman of the committee. The committee shall operate according to the
statutes and procedure governing the operation of other legislative management interim
committees. Page No. 2 54-35-02.4. Employee benefits programs committee - Powers and duties. 1. The employee benefits programs committee shall consider and report on those
legislative measures and proposals over which it takes jurisdiction and which affect,
actuarially or otherwise, the retirement programs of state employees or employees
of any political subdivision, and health and retiree health plans of state employees or
employees of any political subdivision. The committee shall make a thorough review
of any measure or proposal which it takes under its jurisdiction, including an
actuarial review. The committee shall take jurisdiction over any measure or proposal that authorizes an automatic increase or other change in benefits beyond
the ensuing biennium which would not require legislative approval. The committee
must include in the report of the committee a statement that the proposal would
allow future changes without legislative involvement. The committee shall report its
findings and recommendations, along with any necessary legislation, to the
legislative management and to the legislative assembly. 2. To carry out its responsibilities, the committee, or its designee, may: a. Enter contracts, including retainer agreements, with an actuary or actuarial firm
for expert assistance and consultation. Each retirement, insurance, or retiree
insurance program shall pay, from its retirement, insurance, or retiree health
benefits fund, as appropriate, and without the need for a prior appropriation, the
cost of any actuarial report required by the committee which relates to that
program. b. Call on personnel from state agencies or political subdivisions to furnish such
information and render such assistance as the committee may from time to
time request. c. Establish rules for its operation, including the submission and review of
proposals and the establishing of standards for actuarial review. 3. The committee may solicit draft measures and proposals from interested persons
during the interim between legislative sessions, and may also study measures and
proposals referred to it by the legislative assembly or the legislative management. 4. A copy of the committee's report concerning any legislative measure shall, if that
measure is introduced for consideration by a legislative assembly, be appended to
the copy of that measure which is referred to a standing committee. 5. A legislative measure affecting a public employees retirement program, public
employees health insurance program, or public employee retiree health insurance
program may not be introduced in either house unless it is accompanied by a report
from the committee. A majority of the members of the committee, acting through the
chairman, has sole authority to determine whether any legislative measure affects a
program. 6. Any amendment made during a legislative session to a legislative measure affecting
a public employees retirement program, public employees health insurance
program, or public employee retiree health insurance program may not be
considered by a standing committee unless it is accompanied by a report from the
employee benefits programs committee. 7. Any legislation enacted in contravention of this section is invalid and of no force and
effect, and any benefits provided under such legislation must be reduced to the level
current prior to enactment. 54-35-02.5. Administrative rules committee. The legislative management, during each biennium, shall appoint an administrative rules committee in the same manner as the Page No. 3 legislative management appoints other interim committees. The legislative management shall
designate the chairman of the committee. The committee shall operate according to the statutes
and procedure governing the operation of other legislative management interim committees. The
membership of the administrative rules committee must include at least one of the members who
served during the most recently completed regular session of the legislative assembly from each
of the standing committees of either the house of representatives or the senate. 54-35-02.6. Rules reviewed by administrative rules committee - Committee responsibility. The administrative rules committee shall review administrative rules adopted
under chapter 28-32. The committee shall consider oral and written comments received concerning administrative rules. The committee shall study and review administrative rules and
related statutes to determine whether: 1. Administrative agencies are properly implementing legislative purpose and intent. 2. There is dissatisfaction with administrative rules or with statutes relating to
administrative rules. 3. There are unclear or ambiguous statutes relating to administrative rules. The committee may make rule change recommendations to the adopting agency and may make
recommendations to the legislative management for the amendment or repeal of statutes relating
to administrative rules. The committee's failure to review proposed rules prior to publication in
the North Dakota Administrative Code does not prevent rules from taking effect. Except for
action pursuant to section 28-32-17 or 28-32-18, the recommendations or opinions of the
committee do not affect the legality of any rule as determined by the attorney general. 54-35-02.7. (Effective through November 30, 2013) Water-related topics overview committee - Duties. The legislative management, during each interim, shall appoint a water-related topics overview committee in the same manner as the legislative management
appoints other interim committees. The committee must meet quarterly and is responsible for
legislative overview of water-related topics and related matters and for any necessary
discussions with adjacent states on water-related topics. The committee consists of nine members and the legislative management shall designate the chairman of the committee. The
committee shall operate according to the statutes and procedure governing the operation of other
legislative management interim committees. (Effective after November 30, 2013) Garrison diversion overview. The legislative management is responsible for legislative overview of the Garrison diversion project and related
matters and for any necessary discussions with adjacent states on water-related topics. 54-35-02.8. Legislative ethics committee. The legislative management, during each biennium, shall appoint an ethics committee to consider or prepare a legislative code of ethics.
The committee may recommend legislation relating to legislative ethics. The committee shall
operate according to the laws and procedures governing the operation of other legislative
management interim committees. 54-35-03. State departments, officers, and employees to cooperate. Each department, board, commission, agency, officer, or employee in the state government shall
furnish such information and render such assistance to the legislative council and to the
legislative management as the legislative council or the legislative management or its
committees may from time to time request. 54-35-04. Meetings - When held - How called - Quorum. The legislative management or committee appointed by it, may sit at such time and place as it may deem advisable, but the
legislative management shall meet at least once in each year and shall meet at any time upon
the call of the chairman or a call signed by seven members of the legislative management. At
any meeting of the legislative management, seven members constitute a quorum and a majority Page No. 4 of such quorum has the authority to act in any matter falling within the jurisdiction of the
legislative management. 54-35-05. Governor sending messages to meetings. The governor may send messages to such meetings of the legislative management as the governor determines
advisable. 54-35-06. Officers - Accept funds - Expenditures. The legislative management shall select a chairman and a vice chairman from its own members and may prescribe its own rules of
procedure. The legislative management may appoint a secretary who need not be a member,
and shall appoint a director who must be in charge of the legislative council and who must be
paid such salary as the legislative management may determine. The director may employ such
persons and obtain the assistance of such research agencies as determined necessary. The
legislative management and the legislative council may accept and use any funds made
available through the terms of any agreement made with any agency whatsoever for the
accomplishment of the purpose of this chapter. Expenditures of funds made available by legislative appropriation must be made in accordance with rules or motions duly approved by the
legislative management. 54-35-07. Records - Reports. The legislative management shall keep minutes of its meetings and a record of all its transactions and shall at the beginning of each biennial legislative
session, and may at any other time, make a report of its activities and recommendations to the
members of the legislative assembly and to the governor. 54-35-08. Recommended legislation may be required in advance. The legislative management may require that any recommendation for legislation, which is to be presented by
any department, board, commission, agency, officer, official, or employee of the state desiring
the consideration of the legislative management, be presented to it at least sixty days in advance
of any regular legislative session. 54-35-09. Recommendations - When made public - Distribution. The recommendations of the legislative management must be completed and made public prior to
any session of the legislative assembly at which such recommendations are to be submitted; and
a copy of the recommendations must be distributed to each member-elect of the legislative
assembly, to each elective state officer, and to the state law library. 54-35-10. Compensation of members and leadership. 1. The members of the legislative management and the members of any committee of
the legislative management are entitled to be compensated for the time spent in
attendance at sessions of the legislative management and of its committees at the
rate of one hundred forty-eight dollars per day and must also be paid for expenses
incurred in attending said meetings and in the performance of their official duties in
the amounts provided by law for other state officers. 2. In addition to the compensation provided in subsection 1, the chairman of the
legislative management is entitled to receive an additional five dollars for each day
spent in attendance at sessions of the legislative management and of its
committees, and the chairman of each of the legislative management's committees
is entitled to receive five dollars for each day spent in attendance at sessions of the
legislative management or of the committee which the person chairs. 54-35-11. Preparation for and assistance to legislative assembly - Custody of equipment - Approval of delayed vouchers. The legislative council, on behalf of the legislative
assembly, may make all necessary arrangements before each legislative session for the
procurement of necessary supplies, equipment, services other than the employment of legislative
employees, building space, or any other preparations or arrangements the legislative council
determines necessary or desirable to be made before the commencement of each legislative
session in order to facilitate the proper convening and operation of the legislative assembly. The Page No. 5 legislative council shall act as the custodial agency to ensure the proper storage and safekeeping
of legislative supplies and equipment during the interim periods between legislative sessions, and
may approve vouchers on behalf of the legislative assembly for the payment from legislative
appropriations of delayed billings or other billings for legislative expenses during periods when
the legislative assembly is not in session. The legislative council shall carry out such duties or
projects and provide such service and assistance to the legislative assembly or its committees,
the legislative management or its committees, and members of the legislative assembly as may
be requested by concurrent resolution of the legislative assembly or determined necessary or
desirable in assisting the legislative assembly or the legislative management in meeting its
responsibilities and carrying out its duties during the legislative session or the interim between
sessions. 54-35-12. Legislative budget analyst and auditor. The legislative management shall appoint a legislative budget analyst and auditor. A person is not eligible for the appointment
unless the person holds a baccalaureate degree from a recognized institution of higher learning,
is a certified public accountant, or has had five years' experience in government accounting. The
appointment of the legislative auditor must be based upon qualifications of eligible persons
without reference to partisan politics. The salary of the legislative budget analyst and auditor
must be determined by the legislative council and it may employ additional persons as necessary
to carry out sections 54-35-12 through 54-35-14. 54-35-13. Personnel - Compensation - Expenses. The salaries, travel, and other expenses of the legislative budget analyst and auditor and other personnel within the legislative
budget analyst and auditor's office must be submitted, approved, and paid in the same manner
as other employees of the legislative council. 54-35-14. Powers and duties of legislative budget analyst and auditor. The legislative budget analyst and auditor shall attend all budget hearings carried on by the executive
budget officer and shall have access to all budget material submitted to, and all studies carried
on by, the executive budget officer. The legislative budget analyst and auditor shall analyze the
executive budget when prepared, with special reference to sources of revenue, trends in
governmental spending and finance, policies followed and inconsistencies in such policies, and
proposed new or substantially expanded or reduced areas of spending and prepare a report of
that analysis for the legislative assembly. The legislative budget analyst and auditor shall report
thereon to the appropriations committees of the senate and house of representatives in joint
meeting and shall perform such services for such committees during the legislative session as
they shall reasonably request. The legislative audit and fiscal review committee may call upon
the legislative budget analyst and auditor for such assistance as it may deem necessary in the
analysis of any audit submitted to such committee. Each department, institution, and agency
shall furnish such records and information to the legislative budget analyst and auditor as
requested by the legislative budget analyst and auditor in the performance of official duties. 54-35-15. Information technology program - Staff - Powers and duties. 1. The legislative council shall provide information technology research and staff
services to the legislative branch. The services must be provided in accordance with
the existing statutory authority of the legislative council and within the framework of
its other staff services. 2. The legislative council shall provide information technology services, may hire such
staff as are necessary, and set compensation for any additional staff within the limits
of legislative appropriations. 3. The legislative council shall structure the provision of information technology
services and assistance to the legislative assembly and shall receive such
cooperation and assistance from other state agencies as the council reasonably may
request. Page No. 6 54-35-15.1. Information technology committee - Appointment. The legislative management, during each biennium, shall appoint an information technology committee in the
same manner as the legislative management appoints other interim committees. The legislative
management shall appoint six members of the house of representatives and five members of the
senate to the committee. The chief information officer of the state is an ex officio, nonvoting
member of the committee. The legislative management shall designate the chairman of the
committee. The committee shall operate according to the statutes and procedure governing the
operation of other legislative management interim committees. 54-35-15.2. Information technology committee - Powers and duties. The information technology committee has continuing existence and may meet and conduct its business during
the legislative session and in the interim between sessions. The committee shall: 1. Meet at least once each calendar quarter. 2. Receive a report from the chief information officer of the state at each meeting. 3. Review the business plan of the information technology department. 4. Review macro-level issues relating to information technology. 5. Review the activities of the information technology department. 6. Review statewide information technology standards. 7. Review the statewide information technology plan. 8. Review information technology efficiency and security. 9. Review established or proposed information technology programs and information
technology acquisition by the executive and judicial branches. 10. Except as provided in subsection 11, receive and review information, including a
project startup report summarizing the project description, project objectives,
business need or problem, cost-benefit analysis, and project risks and a project
closeout report summarizing the project objectives achieved, project budget and
schedule variances, and lessons learned, from the information technology
department and the affected agency regarding any major information technology
project of an executive branch agency. For the purposes of this subsection, a major
project is a project with a total cost of two hundred fifty thousand dollars or more. 11. a. Receive and review information, including a project startup report summarizing
the project description, project objectives, business need or problem,
cost-benefit analysis, and project risks and a project closeout report
summarizing the project objectives achieved, project budget and schedule
variances, and lessons learned, from the information technology department
and the affected institution regarding any major project of the state board of
higher education or any institution under the control of the state board of higher
education if the project: (1) Significantly impacts the statewide wide area network, including the
campus access routers; (2) Impacts the statewide library system; or (3) Is an administrative project. An administrative project is a project that
directly collects, aggregates, modifies, stores, or reports institutional
student, financial, or human resources records or data and is provided
primarily for administrative purposes. Page No. 7 b. For the purposes of this subsection, a major project is a project with a cost of
two hundred fifty thousand dollars or more in one biennium or a total cost of five
hundred thousand dollars or more. 12. Receive and review information from the information technology department and the
affected agency regarding any information technology project of an executive branch
agency with a total cost of between one hundred thousand and two hundred fifty
thousand dollars as determined necessary by the information technology
department. 13. Receive a report from the chief information officer regarding the recommendations of
the state information technology advisory committee relating to the prioritization of
proposed major information technology projects and other information technology
issues. 14. Receive and review information, including a project startup report summarizing the
project description, project objectives, business need or problem, cost-benefit
analysis, and project risks and a project closeout report summarizing the project
objectives achieved, project budget and schedule variances, and lessons learned,
from the affected legislative or judicial branch agency regarding any information
technology project of the legislative or judicial branch with a total cost of two hundred
fifty thousand dollars or more. 15. Receive information from the state board of higher education regarding higher
education information technology planning, services, and major projects. 54-35-15.3. Information technology project quality assurance - Information technology committee review - Suspension of funds. The information technology committee
may review any information technology project or information technology plan. If the committee
determines that the project or plan is at risk of failing to achieve its intended results, the
committee may recommend to the office of management and budget the suspension of the
expenditure of moneys appropriated for a project or plan. The office of management and budget
may suspend the expenditure authority if the office of management and budget agrees with the
recommendation of the committee. 54-35-15.4. Information technology committee - Information technology reviews. The information technology committee may request the state auditor to conduct an information
technology compliance review. The review may consist of an audit of an agency's information
technology management, information technology planning, compliance with information
technology plans, and compliance with information technology standards and policies or an audit
of statewide compliance with specific information technology standards and policies. 54-35-16. Authority to determine if legislative assembly meets. The legislative management may issue a call for the legislative assembly to convene after it has adjourned
under subsection 2 of section 54-03-02. The length of a legislative session called under this
section may not exceed the number of natural days available under the constitution which have
not been used by that legislative assembly. The legislative management may exercise this authority, and the legislative assembly shall meet, regardless of whether the motion to close the
regular session of the legislative assembly was to recess to a time certain, adjourn to a time
certain, or adjourn sine die. 54-35-17. Retention of legal counsel. When the legislative assembly is in session, either house by resolution may authorize, or both houses by concurrent resolution may direct, the
legislative council to appoint or retain legal counsel to appear in, commence, prosecute, defend,
or intervene in any action, suit, matter, cause, or proceeding in any court or agency when
determined necessary or advisable to protect the official interests of the legislative branch. When
the legislative assembly is not in session, the legislative management, by a majority vote, may
authorize the legislative council to appoint or retain legal counsel to appear in, commence,
prosecute, defend, or intervene in any action, suit, matter, cause, or proceeding in any court or Page No. 8 agency when determined necessary or advisable to protect the official interests of the legislative
branch. Section 54-12-08 does not apply to a person appointed or retained under this section. 54-35-18. (Effective through August 1, 2011) Energy development and transmission committee. The legislative management, during each biennium, shall appoint an
energy development and transmission committee in the same manner as the legislative
management appoints other interim committees. The legislative management shall appoint six
members of the house of representatives, four of whom must be from the majority political party
and two of whom must be from the minority political party, and six members of the senate, four of
whom must be from the majority political party and two of whom must be from the minority
political party. The chairman of the legislative management shall designate the chairman of the
committee. The committee shall operate according to the statutes and procedure governing the
operation of other legislative management interim committees. The committee shall study the
impact of a comprehensive energy policy for the state and the development of each facet of the
energy industry, from the obtaining of the raw natural resource to the sale of the final product in
this state, other states, and other countries. The study may include the review of and recommendations relating to policy affecting extraction, generation, processing, transmission,
transportation, marketing, distribution, and use of energy, and the taxation of shallow gas to
reduce energy costs for all North Dakota residents. 54-35-18.1. Electric industry competition committee - Composition. Expired under S.L. 2003, ch. 36, § 20. 54-35-18.2. Electric industry competition committee - Study areas. Expired under S.L. 2003, ch. 36, § 21. 54-35-18.3. Electric industry competition committee - Recommendations. Expired pursuant to S.L. 1999, ch. 467, § 3. 54-35-19. Use of fees - Appropriation. All fees received by the legislative council and the legislative assembly for providing legislative information services and copies of legislative
documents must be deposited in the legislative services fund in the state treasury. The legislative services fund is a revolving fund with an authorized ceiling of two hundred fifty
thousand dollars. All moneys transferred into the fund, moneys deposited in the fund, and earnings on moneys in the fund are appropriated to the legislative council for use in improving
and enhancing legislative information services and the preparation of legislative documents. The
fund is not subject to section 54-44.1-11. 54-35-20. National conference of insurance legislators - Appointment of representatives. The chairman of the legislative management, in consultation with the insurance commissioner, shall appoint two members of the house of representatives and two
members of the senate to represent the state at functions of the national conference of insurance
legislators. Each member shall serve a two-year term. If a member is unable to complete the
member's term, the chairman of the legislative management shall appoint another member to
complete the term. The insurance commissioner shall pay the necessary expenses of the legislative members for attending functions of the national conference of insurance legislators. 54-35-21. No Child Left Behind Act of 2001 - Interim committee - Appointment - Duties. Repealed by S.L. 2007, ch. 162, § 18. 54-35-22. Workers' compensation review committee. 1. During each interim, a legislative management's interim workers' compensation
review committee must be appointed as follows: two members of the senate appointed by the majority leader of the senate of the legislative assembly; one
member of the senate appointed by the minority leader of the senate of the
legislative assembly; two members of the house of representatives appointed by the
majority leader of the house of representatives; and one member of the house of
representatives appointed by the minority leader of the house of representatives. Page No. 9 The chairman of the legislative management shall designate the chairman of the
committee. The committee shall operate according to the laws and procedures governing the operation of other legislative management interim committees. The
committee may recommend legislation relating to workers' compensation. The committee shall meet once each calendar quarter or less often if the committee
chairman determines a meeting that quarter is not necessary because there are no
claims to review. 2. The committee shall review workers' compensation claims that are brought to the
committee by injured workers for the purpose of determining whether changes
should be made to the laws relating to workers' compensation. A claim may not be
reviewed by the committee unless workforce safety and insurance has issued a final
determination and either the injured worker has exhausted the administrative and
judicial appeals process or the period for appeal has expired. In order for the committee to review a claim, the injured worker must first sign a release of
information for constituent authorization to allow the committee and legislative
council to review the injured worker's workforce safety and insurance records and to
allow the committee members and workforce safety and insurance representatives
to discuss the records in an interim committee hearing. Notwithstanding any open
meeting requirements, except as otherwise provided under this section, the
workforce safety and insurance records of an injured worker whose case is reviewed
by the committee are confidential. However, pursuant to the constituent's authorization, information contained in the records may be discussed by the
committee members and workforce safety and insurance representatives in an
interim committee hearing. 3. The committee shall accept testimony of an injured worker and of a representative
designated by the injured worker. After the committee has received the testimony of
the injured worker and the injured worker's representative, the committee shall
request that workforce safety and insurance provide testimony. 54-35-23. (Effective through July 31, 2011) Committee on tribal and state relations - Membership - Duties. 1. The committee on tribal and state relations is composed of seven members as
follows: a. The chairman of the legislative management or the chairman's designee; b. Three members of the house of representatives, two of whom must be selected
by the leader representing the majority faction of the house of representatives
and one of whom must be selected by the leader representing the minority
faction of the house of representatives; and c. Three members of the senate, two of whom must be selected by the leader
representing the majority faction of the senate and one of whom must be
selected by the leader representing the minority faction of the senate. 2. The chairman of the legislative management, or the chairman's designee, shall
serve as chairman of the committee. 3. The committee shall meet at such times and places as determined by the chairman.
The legislative council shall provide staffing for the committee. 4. The committee shall conduct joint meetings with the native American tribal citizens'
task force to study tribal-state issues, including government-to-government relations,
the delivery of services, case management services, child support enforcement, and
issues related to the promotion of economic development. After the joint meetings
have concluded, the committee shall meet to prepare a report on its findings and Page No. 10 recommendations, together with any legislation required to implement those
recommendations, to the legislative management. 5. The members of the committee are entitled to compensation from the legislative
council for attendance at committee meetings at the rate provided for members of
the legislative assembly for attendance at interim committee meetings and are
entitled to reimbursement for expenses incurred in attending the meetings in the
amounts provided by law for other state officers. 6. a. The native American tribal citizens' task force is composed of six members as
follows: (1) The executive director of the Indian affairs commission, or the executive
director's designee; (2) The chairman of the Standing Rock Sioux Tribe, or the chairman's
designee; (3) The chairman of the Spirit Lake Tribe, or the chairman's designee; (4) The chairman of the Three Affiliated Tribes of the Fort Berthold
Reservation, or the chairman's designee; (5) The chairman of the Turtle Mountain Band of Chippewa Indians, or the
chairman's designee; and (6) The chairman of the Sisseton-Wahpeton Oyate of the Lake Traverse
Reservation, or the chairman's designee. b. If the executive director of the Indian affairs commission or any of the tribal
chairmen appoint a designee to serve on the task force, only one individual
may serve as that designee during the biennium. A substitute designee may
be appointed by the executive director of the Indian affairs commission or a
tribal chairman in the event of the death, incapacity, resignation, or refusal to
serve of the initial designee. 54-35-24. (Effective through August 1, 2013) Commission on alternatives to incarceration. 1. The commission on alternatives to incarceration is composed of: a. Three members appointed by the governor, one of whom must be an academic
researcher with specialized knowledge of criminal justice sentencing practices
and sentencing alternatives; b. The attorney general or the attorney general's designee; c. Two members appointed by the chief justice of the supreme court; d. The director of the department of corrections and rehabilitation; e. The director of the department of human services; f. Two local law enforcement officers appointed by the attorney general; g. One state's attorney appointed by the North Dakota state's attorney's
association; Page No. 11 h. Three members of the house of representatives, two of whom must be selected
by the leader representing the majority faction of the house of representatives
and one of whom must be selected by the leader representing the minority
faction of the house of representatives; i. Three members of the senate, two of whom must be selected by the leader
representing the majority faction of the senate and one of whom must be
selected by the leader representing the minority faction of the senate; and j. One representative of the North Dakota association of counties appointed by
the association of counties. 2. The chairman of the legislative management shall select the chairman and vice
chairman of the commission from the legislative members of the commission. 3. The commission shall meet at the times and places as determined by the chairman.
The legislative council shall provide staffing for the commission. 4. The commission shall study sentencing alternatives, mandatory sentences,
treatment options, the expanded use of problem-solving courts, home monitoring,
and other related issues. If the commission determines that consultant services are
necessary to assist the commission in conducting its assigned studies, the
commission may request funding for consultant services from the legislative council
and other interested entities. The commission shall provide to the governor information and recommendations for the governor's consideration in time for
inclusion of the recommendations in the biennial executive budget. The commission
shall report its findings and recommendations together with any legislation required
to implement those recommendations to the legislative management. 5. The members of the commission who are not state employees or members of the
legislative assembly are entitled to mileage and expenses as provided by law for
state officers and employees. Unless otherwise provided in this subsection, the expenses of appointed members are to be paid by the legislative council. A state
employee who is a member of the commission must receive that employee's regular
salary and is entitled to mileage and expenses, to be paid by the employing agency.
The members of the commission who are members of the legislative assembly are
entitled to compensation from the legislative council for attendance at commission
meetings at the rate provided for members of the legislative assembly for
attendance at interim committee meetings and are entitled to reimbursement for
expenses incurred in attending the meetings in the amounts provided by law for
other state officers. Page No. 12 Document Outline chapter 54-35 legislative management
Disclaimer: These codes may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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