Page:2021 North Dakota Session Laws.pdf/2137

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Vetoed Measures
Chapter 505

VETOED MEASURES

CHAPTER 505

HOUSE BILL NO. 1378

(Representative Marschall)

AN ACT to amend and reenact subsection 1 of section 54-03-02 of the North Dakota Century Code, relating to authority for the legislative assembly to conduct business in December of even-numbered years.

VETO

March 31, 2021

The Honorable Kim Koppelman

Speaker of the House

North Dakota House of Representatives

State Capitol

Bismarck, ND

Re: House Bill 1378

Dear Speaker Koppelman:

Pursuant to Article V, Section 9 of the North Dakota Constitution, I have vetoed House Bill 1378 and return it to the House.

Article IV of the North Dakota Constitution clearly states that members of the legislative assembly are to "meet in the seat of government in the month of December following the election of its members, thereof for organizational and orientation purposes."

At the conclusion of the organizational session, the legislative assembly "shall thereafter recess until twelve noon on the first Tuesday after the third day in January, or at such other time as may be prescribed by law but not later than the eleventh day in January."

House Bill 1378 attempts to circumvent the Constitution by allowing members of the legislative assembly to introduce, consider and vote on bills and resolutions in December of even-numbered years, as they would during the regular session that begins in January of odd-numbered years.

Introducing and acting on bills and resolutions is beyond the scope of the December "organizational and orientation purposes" as stated in the Constitution.

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