54-35 Legislative Management

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CHAPTER 54-35LEGISLATIVE MANAGEMENT54-35-01. Legislative management - Created - Members - Vacancy - Terms. TheNorth Dakota legislative management consists of the majority and minority leaders of the house and 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 vacancyoccurring 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 occurringbecause 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 thischapter, 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 uponwhichuniformityisdesirableandtoreceive,review,andmakerecommendations 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 includenonlegislator members. Any member of the legislative assembly has the right to attend any meeting of the legislative management and may present that member'sPage No. 1views 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 thelegislative 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 ofstudying 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 attorneygeneral 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.Thelegislative 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 ofchairman.The legislative management, during each biennium, shall appoint an employeebenefits 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. 254-35-02.4. 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 orproposal 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, duringeach biennium, shall appoint an administrative rules committee in the same manner as thePage No. 3legislative 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 - Committeeresponsibility. The administrative rules committee shall review administrative rules adopted under chapter 28-32.The committee shall consider oral and written comments receivedconcerning 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 overviewcommittee - Duties.The legislative management, during each interim, shall appoint awater-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 ninemembers 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 legislativemanagement 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 eachbiennium, 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.Eachdepartment, 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 managementor 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 majorityPage No. 4of 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 sendmessages to such meetings of the legislative management as the governor determines advisable.54-35-06. Officers - Accept funds - Expenditures. The legislative management shallselect 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 bylegislative 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 itsmeetings 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 legislativemanagement 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-Whenmadepublic-Distribution.Therecommendations 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 ofequipment - 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. ThePage No. 5legislative 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 shallappoint 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 otherexpenses 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.Thelegislative 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. 654-35-15.1.Information technology committee - Appointment.The legislativemanagement, 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 informationtechnology 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. 7b.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 - Informationtechnology 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 legislativemanagement 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 thisauthority, 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 orPage No. 8agency 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.(EffectivethroughAugust1,2011)Energydevelopmentandtransmission 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 andrecommendations 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 underS.L. 2003, ch. 36, </DIV></DIV></DIV> </DIV>  <DIV></DIV> <DIV></DIV> <DIV></DIV> <DIV></DIV>  <DIV id=footer> <DIV class=container> Copyright © 2012-2022 Laws9.Com All rights reserved.  <A href="/contactus.html">Contact Us</A> | <A href="/aboutus.html">About Us</A> | <A href="/terms.html">Terms</A> | <A href="/privacy.html">Privacy</A> </DIV> </DIV> </BODY></HTML>

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54-35 Legislative Management