54-03-30. Audio recording of floor sessions.
1,014 words·~5 min read·
/nd/title-54/chapter-54-03-legislative-assembly/54-03-30·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The senate shall adopt rules regarding the recording of senate floor sessions and the house of representatives shall adopt rules regarding the recording of house floor sessions. The legislative council shall archive all audio recordings of floor sessions. Audio recordings of floor sessions are public records that must be open and accessible for inspection during reasonable office hours.
54-03-31. Federal health care reform law. 1. The legislative assembly declares that the federal laws known as the Patient
Protection and Affordable Care Act [Pub. L. 111-148] and the Health Care and
Education Reconciliation Act of 2010 [Pub. L. 111-152] likely are not authorized by the
United States Constitution and may violate its true meaning and intent as given by the
founders and ratifiers. 2. The legislative assembly shall consider enacting any measure necessary to prevent
the enforcement of the Patient Protection and Affordable Care Act and the Health Care
and Education Reconciliation Act of 2010 within this state. 3. No provision of the Patient Protection and Affordable Care Act or the Health Care and
Education Reconciliation Act of 2010 may interfere with an individual's choice of a
medical or insurance provider except as otherwise provided by the laws of this state.
54-03-32. Review of presidential executive orders - Restriction. 1. The legislative management may review any executive order issued by the president
of the United States which has not been affirmed by a vote of the Congress of the
United States and signed into law as prescribed by the Constitution of the United
States and recommend to the attorney general and the governor that the executive
order be further reviewed. Upon recommendation from the legislative management,
the attorney general shall review the executive order to determine the constitutionality
of the order and whether the state should seek an exemption from the application of
the order or seek to have the order declared to be an unconstitutional exercise of
legislative authority by the president. 2. Notwithstanding any other provision of law, the state, a political subdivision, or any
other publicly funded organization may not implement an executive order if the
attorney general issues an opinion that the executive order unconstitutionally restricts
a person's rights or has been found unconstitutional by a court of competent
jurisdiction and the executive order relates to:
a. Pandemics or other health emergencies;
b. The regulation of natural resources, including coal and oil;
c. The regulation of the agriculture industry;
d. The use of land;
e. The regulation of the financial sector as it relates to environmental, social, or
governance standards; or
f. The regulation of the constitutional right to keep and bear arms.
54-03-33. Certification of delegates to United States convention of the states. 1. If a convention of the states is called pursuant to article V of the United States
Constitution, the legislative assembly or an official designated by the legislative
assembly shall certify each delegate and alternate delegate from this state to the
convention and provide a written copy of the certification to each delegate and
alternate delegate and to the convention. If a delegate is ineligible or unwilling to serve
as a delegate at the convention, the legislative assembly or the official designated by
the legislative assembly shall certify an alternate delegate to replace the delegate and
immediately provide a copy of the certification to the delegate and the convention. 2. If a delegate is rendered ineligible to serve under subsection 4, the delegate's
certification must provide notice to the convention that any vote or other action taken
by that delegate should be considered void. 3. An individual who has not been certified under this section may not serve as a
delegate at the convention. 4. As a condition of being eligible for consideration or selection as a delegate or alternate
delegate, each delegate and alternate delegate shall execute the following oath:
I do solemnly swear or affirm that I will, to the best of my abilities, support the United
States Constitution and the Constitution of North Dakota and I will not vote to allow
consideration of or consider or approve any unauthorized amendment proposed for
ratification to the United States Constitution. I understand that a violation of this oath
will result in my being rendered ineligible to serve as a delegate at the convention as
well as subject me to additional penalties under the laws of North Dakota.
5. A delegate at the convention may not vote to allow consideration of or consider or
approve any unauthorized amendment. An "unauthorized amendment" means:
a. A proposed amendment that varies from the exact text of the amendment
contained in the application made by the legislative assembly, which limits the
convention to approving or disapproving that exact text, or if the legislative
assembly did not make the application, the exact text of the amendment
contained in the applications relied upon by the United States Congress in calling
the convention, if the application contains exact text for a proposed amendment;
or
b. A proposed amendment that is outside the permitted subject matter of the
application made by the legislative assembly, or if the legislative assembly did not
make the application, the permitted subject matter of the applications relied upon
by the United States Congress in calling the convention and as the subject matter
may be further defined by the legislative assembly or an official designated by the
legislative assembly, in instructions adopted by the legislative assembly by
concurrent resolution and provided to each delegate and alternate delegate.
6. The legislative assembly or an official designated by the legislative assembly shall
provide guidance upon the request of any delegate or alternate delegate as to whether
a proposed amendment is within the permitted subject matter of the convention.
7. A delegate casting or attempting to cast a vote at a convention in violation of this
section must be rendered ineligible to continue to serve as a delegate and must be
immediately removed from office and replaced by an alternate delegate as provided
under this section. A vote cast by a delegate at a convention which is in violation of this
section is void.