NORTH DAKOTA LEGISLATIVE COUNCIL
Minutes of the
LEGISLATIVE MANAGEMENT COMMITTEE
Wednesday, August 30, 2000
Harvest Room, State Capitol
Bismarck, North Dakota
Senator Rod St. Aubyn, Chairman, called the meeting to order at 9:00 a.m.
Members present: Senators Rod St. Aubyn, Joel C. Heitkamp, Aaron Krauter, Gary J. Nelson, David E. Nething; Representatives Rick Berg, Merle Boucher, John Dorso
Members absent: Representatives Pam Gulleson, David Monson, Mike Timm
Others present: Vaughn Rhodes, Tvenge Associates, Bismarck
Bob Granlund, Ulteig Engineers, Inc., Bismarck
Curt Zimmerman, Facility Management Division, Bismarck
Maryann F. Trauger, Karen J. Mund; Legislative Council, Bismarck
MINUTES
It was moved by Senator Nelson, seconded by Representative Berg, and carried on a voice vote that the minutes of the May 24, 2000, meeting be approved as distributed.
LEGISLATIVE WING RENOVATION PROJECTS
Audio System
Chairman St. Aubyn called on Mr. Vaughn Rhodes, Tvenge Associates, to describe the specifications prepared for bids for audio systems in the chambers and to present the bids opened on August 29, 2000. Mr. Rhodes said the base bid is for a sound system in each chamber that includes the recommendations of William H. O. Kroll & Associates, Inc., which were accepted by the committee at its May 24 meeting, as well as the additional recommendations of the committee, i.e., a microphone for every two members in the House just as in the Senate. He said alternate E-1 is for a microphone for every member in the Senate chamber and alternate E-2 is for a microphone for every member in the House chamber. He said the alternates include the necessary wiring, preamplifiers, microphones, and microphone stands. A copy of the bid specifications and drawings is on file in the Legislative Council office.
Senator Nelson referred to a letter from Mr. Alan R. Nathan, Tricorne Audio, Inc., which was sent to committee members explaining that Tricorne Audio did not bid on the audio project for a variety of reasons, one of which is that the specified Oxmoor preamplifier puts any bidder other than Audio Systems Company at a severe disadvantage because of the preapproval of an AUDSCO C-Series mixer manufactured by Audio Systems at a fraction of the cost of the Oxmoor equipment. Mr. Rhodes deferred to Mr. Bob Granlund, Ulteig Engineers, who prepared the bid specifications. Mr. Granlund said the project specifications were based on recommendations of Mr. Kroll, as accepted by the committee. He said the specifications allow bidders to receive preapproval for equivalent equipment. He said Audio Systems Company received preapproval for its AUDSCO C-Series equipment and no other company requested preapproval for equivalent equipment. A copy of the letter from Mr. Nathan is on file in the Legislative Council office.
Mr. Rhodes distributed a bid tabulation of four bids received. A copy of the bid tabulation is on file in the Legislative Council office. He reviewed the bids of Edling Electric, Frontier Electric, Ron's Electric, and Skeels Electric. Base bids ranged from $97,502 to $130,300; alternate E-1 bids ranged from $11,255 to $15,500; and alternate E-2 bids ranged from $20,770 to $24,730. He said Ron's Electric submitted the lowest base bid--$97,502, and the lowest total bid when the alternates are included--$129,738. He said an electrical contractor usually is the general contractor on this type of project because electrical contractors have contractors' licenses and audio supply companies usually do not.
In response to a question from Senator Heitkamp, it was noted wireless microphones were not requested because of the increased risk of loss of unsecured microphones as well as increased cost and technological problems with 98 wireless microphones (in the House chamber) on at the same time.
In response to a question from Senator St. Aubyn, Mr. Granlund said the responsibility of the architect and the engineer is to ensure that the successful bidder performs the contract according to specifications.
It was moved by Senator Nelson and seconded by Representative Berg to accept the base bid of Ron's Electric for the audio systems for the legislative chambers. It was moved by Senator Nething and seconded by Representative Berg that the motion be amended to include alternate E-1 and alternate E-2. Senator Nething said if new equipment is being installed, a microphone should be provided at every member's desk. Representative Berg said sharing microphones makes it difficult for a member to raise a point of order when a shared microphone is being used by another member. After this discussion, the motion to amend carried on a voice vote. The motion, as amended, carried on a roll call vote. Senators St. Aubyn, Heitkamp, Krauter, Nelson, and Nething and Representatives Berg, Boucher, and Dorso voted "aye." No negative votes were cast.
CONTRACTS FOR SERVICES
Bills, Resolutions, and Journals and Bill and Journal Room
The assistant director reviewed an Invitation for Bid prepared for solicitation of bids for printing bills, resolutions, and journals and for operating the bill and journal room. A copy of the invitation is on file in the Legislative Council office. He said the bid is prepared and advertised by the Central Services Division of the Office of Management and Budget, but the contract for printing bills, resolutions, and journals is let as directed by the Legislative Council under North Dakota Century Code (NDCC) Section 44-06-02. He said the invitation is based on the 1998 invitation for bid but was revised in these instances:
- Figures for the estimated volume of the contract were updated to reflect 1999 costs.
- Figures on subscription services handled by the bill and journal room were updated to reflect 1999 information.
- The period the bill and journal room is to be open was revised to reflect the 2000-01 calendar (December 11, 2000, to January 8, 2001).
- A provision was added that the bill and journal room is to be open during any extended recess only for the one day after the Legislative Assembly adjourns and the one day before the Legislative Assembly reconvenes.
- The number of permanent journals is reduced from 30 to 27 to reflect a 1999 rules change.
- The number of daily journals printed is reduced from 900 to 850 to reflect demand. He said the number of leftover copies of journals in the bill and journal room ranges from 53 for the 59th legislative day to 450 for the second legislative day.
- The number of journal covers was reduced from 280 to 50 for each house to reflect demand.
- Delivery of the permanent journal indexes was changed to the Legislative Council from the Secretary of State because the Legislative Council distributed these indexes in 1999.
- As requested by the committee, a provision was added that the contractor may not charge a fee for providing a copy of an engrossed bill or resolution to a legislator who requests a copy at the walkup window.
The assistant director said the size of the holes for the bills should be increased from .25 inch because of the difficulty experienced by some users in viewing the full page of bills inserted in bill racks.
It was moved by Senator Krauter, seconded by Representative Berg, and carried on a roll call vote to approve the contents of the invitation to bid for printing bills, resolutions, and journals and for operating the bill and journal room, as presented and as suggested for modification with respect to the size of the holes for the bills and resolutions. Senators St. Aubyn, Krauter, Nelson, and Nething and Representatives Berg, Boucher, and Dorso voted "aye." No negative votes were cast.
Legislative Assembly Secretarial Services
The assistant director reviewed a proposed Invitation to Bid - Legislative Assembly Secretarial Services. He said the invitation is based on the 1998 invitation to bid. He said revisions were made in these instances:
- The description of the numbers and types of documents was updated with 1999 information.
- The bid specification is for four employees in response to a recommendation of the 1999 contractor--Interim Personnel.
- The staff employed by the contractor must possess proficiency in Microsoft Windows 95 or higher.
- A provision is inserted to require the supervisor to notify the majority leader or minority leader of a request for a restricted work project in violation of the Policy Regarding Secretarial Services to Legislators (Approved by the Legislative Council November 1996) by a member of that leader's caucus.
The assistant director said the added provision relates to a request by the committee to address the issue of members requesting transcripts of tapes and requesting voluminous mail merges. He said a mail merge is a situation in which a base document, e.g., a form letter, is prepared and individually addressed to every name and address on a list. As reported by Interim Personnel, he said, 93 transcripts for purposes other than helping prepare committee minutes were requested and mail merges were requested in some cases ranging from 1,000 to 3,600 names and addresses.
The assistant director presented a revised Policy Regarding Secretarial Services to Legislators (Approved by the Legislative Council November 1996). He said this policy is distributed to legislators at the organizational session. He said the proposed change would add a provision entitled Restricted Work Projects, which would provide that the legislators could not request the secretarial service to prepare transcripts from committee hearing tapes, but the majority leader on request of a committee chairman could request preparation of transcripts of committee hearing tapes when committee minutes are not being prepared due to illness, disability, or absence of the committee clerk. He said legislators also would be prohibited from requesting the secretarial service to prepare mail merges to more than a specified number of individuals.
Representative Berg said if a legislator is responding to a particular group of constituents, it is appropriate for a mail merge, but to go beyond that is inappropriate. He said a specific number of names and addresses should not be used to indicate what is or is not appropriate.
Representative Dorso said a number is needed to provide guidance to members with respect to what may or may not be excessive.
Senator Heitkamp inquired whether a thank you letter sent to everyone who contacted a legislator at the end of the session is appropriate. Senator Nelson said he would consider that electioneering and Representative Dorso agreed. Senator Nelson said a legislator's response should be with respect to a specific issue.
Senator Nething suggested that the restriction on mail merges provide that merges could not go to more than whatever number of individuals is decided "without the approval of the majority leader or minority leader, as appropriate." Representative Berg suggested that 25 names and addresses is appropriate. Senator Krauter suggested that 100 names and addresses is appropriate.
It was moved by Representative Dorso and seconded by Senator Nelson to amend the provision on mail merges to provide that legislators may not request the secretarial service to prepare mail merges, i.e., individually address a base document to individuals listed on a list of names and addresses, to more than 25 individuals without the approval of the majority leader or minority leader, as appropriate. Senator Heitkamp said this will place the burden on the leader to determine what is appropriate above the specific limit of 25. Senator Nelson agreed. Senator Nelson said the leaders traditionally have been placed in the position of being responsible for determining ethical standards of members. After this discussion, the motion carried.
It was moved by Representative Dorso, seconded by Representative Berg, and carried on a roll call vote that the policy regarding secretarial services to legislators, as amended, be adopted. Senators St. Aubyn, Heitkamp, Krauter, Nelson, and Nething and Representatives Berg, Boucher, and Dorso voted "aye." No negative votes were cast.
It was moved by Senator Nelson, seconded by Representative Dorso, and carried on a roll call vote to approve the invitation to bid for Legislative Assembly secretarial services, as presented. Senators St. Aubyn, Heitkamp, Krauter, Nelson, and Nething and Representatives Berg, Boucher, and Dorso voted "aye." No negative votes were cast.
Legislative Assembly Photography Services
The assistant director reviewed a proposed Invitation to Bid - Legislative Assembly Photography Services. He said this invitation is based on the 1998 invitation to bid. He said the invitation refers to the acceptance of the bid on October 5, 2000, but that would be revised depending on when the Legislative Management Committee is scheduled to meet to accept the bid. He said two changes were made in the invitation:
- The photographer is required to provide a digital image of the pose selected by the photographer to the Legislative Council by December 22, 2000. He said this is to assist in updating the legislative branch web site.
- The number of individuals for which pictures are to be taken is listed as 101 in the House and 53 in the Senate. He said a question arose last session concerning the employees to be included in the composite. He said the 1999 composite includes the Chief Clerk, assistant chief clerk, calendar clerk, bill clerk, desk reporter, and sergeant-at-arms of the House and the equivalent positions in the Senate. He said the invitation is revised to include the members, the Lieutenant Governor, and the elected employees--the Chief Clerk of the House/Secretary of the Senate, desk reporters, and sergeants-at-arms.
The assistant director said the State Historical Society retains the pictures and has suggested that the frames on the large composite pictures be reused to save storage space in the Heritage Center archives.
It was moved by Representative Dorso, seconded by Senator Heitkamp, and carried to revise the invitation to bid to provide for use of frames already provided for prior Legislative Assembly composite pictures.
It was moved by Senator Krauter and seconded by Representative Berg that the invitation to bid for Legislative Assembly photography services be approved, as revised. Representative Dorso said a number of legislators have complained about the quality of the photographs. Senator Heitkamp said the lack of quality is apparent when the photographs are published in the newspaper along with photographs of other state officials. Senator Krauter said quality is affected by the backdrop used by the photographer, the equipment used by the photographer, and the color process used by the photographer. He noted that the lowest bid does not necessarily mean the best quality. Representative Berg requested the Legislative Council staff to check with a local photographer to see if anything could be added to the bid to ensure a higher quality product. After this discussion, the motion carried on a roll call vote. Senators St. Aubyn, Heitkamp, Krauter, and Nething and Representatives Berg, Boucher, and Dorso voted "aye." No negative votes were cast.
Telephone Message Service (Telephone Room)
The assistant director reviewed a proposed Invitation to Bid - Legislative Assembly Telephone Message Service. He said this invitation was prepared at the request of the committee and is intended to privatize the operation of the telephone room.
The assistant director suggested the committee consider the proper staffing level of the telephone room. He said this issue was discussed during the 1997-98 interim, but the decision on reducing the number of employees was delayed to review the workload of the telephone attendants during the 1999 legislative session. He said the number of calls to the telephone room has gone down every legislative session since 1993. He said 62,320 calls were received in 1993 and 22,491 calls received in 1999. He said 133 of 147 legislators used notebook computers during the 1999 session and telephone messages are delivered to those members through the Legislator's Automated Work Station (LAWS) system. He said a suggested level is to eliminate the two telephone pages and provide for eight telephone attendants and one chief telephone attendant. With proper work assignments, he said, the chief telephone attendant should be able to answer telephone calls as a regular telephone attendant and assign the responsibility to telephone attendants to deliver handwritten messages and fax messages on a basis that distributes workload evenly. Also, he said, the work areas of the telephone attendants need to be revised to allow use of personal computers needed to link with legislative systems.
It was moved by Representative Dorso and seconded by Representative Berg that the committee recommend the telephone room be staffed by eight telephone attendants and one chief telephone attendant during the 2001 session and the work areas be renovated to provide for that level of staff as well as for use of personal computers by telephone attendants.
Senator Nething inquired as to the responsibility for delivering telephone messages to those legislators who do not use notebook computers. The assistant director said if the telephone room employees continue to be Legislative Assembly employees, the chief telephone attendant should assign that responsibility to telephone attendants as a part of normal workload responsibilities. Senator Nething said his concern is if a private contractor provides this service, there should be some assurance that telephone messages are delivered within an appropriate time after being received. After this discussion, the motion carried on a voice vote.
It was moved by Representative Dorso and seconded by Representative Berg to approve the invitation to bid for Legislative Assembly telephone message service as proposed to the committee.
Senator Berg inquired whether the invitation is too specific by stating nine employees are required. He said flexibility should be given to the contractor to operate the telephone message service as efficiently as possible and not require a set number of employees. The assistant director said the level of employee staffing is specified to put the contractor on notice of the number of employees the Legislative Assembly would hire and to provide a common baseline for persons submitting bids for providing the service. He said this method has been used for the invitation to bid secretarial services and after each session the contractors have reported to the committee their recommendations on appropriate staffing levels for the next session. He said the invitation to bid requires each bidder to describe arrangements that the bidder, as contractor, will make to adjust the daily contract amount if fewer or more employees are needed to adequately perform the work.
It was moved by Senator Nething and seconded by Senator Nelson that the provision concerning the supervisor's responsibilities for supervising employees be amended to read "the supervisor is to supervise all employees of the contractor, assign work to the employees, and provide for flexible work schedules" and that the sentence "the supervisor must designate an assistant to assign work when the supervisor is not at work" be deleted. Senator Nething said the addition of the specific responsibility for assigning work for employees assures that the supervisor has the authority to assign the responsibility to deliver messages to other employees and the deletion of the sentence on assignment of work by the assistant eliminates any ambiguity that only the assistant could assign work. He said the specifications still provide that the contractor is to designate one of its employees as the onsite supervisor and if the actual supervisor is absent, the contractor should designate another individual to act. After this discussion, the motion carried on a voice vote.
It was moved by Representative Dorso, seconded by Representative Berg, and carried on a roll call vote to approve the invitation to bid for Legislative Assembly telephone message service, as amended, and to authorize the Legislative Council staff to solicit bids for this service. Senators St. Aubyn, Heitkamp, Krauter, Nelson, and Nething and Representatives Berg, Boucher, and Dorso voted "aye." No negative votes were cast.
LEGISLATIVE SPACE USE
Committee Room Guidelines
The assistant director presented a memorandum entitled Guidelines for Use of Legislative Committee Rooms, North Dakota State Capitol (Approved by the Legislative Management Committee October 1998). He said these guidelines were approved by the Legislative Management Committee in October 1998. He said the proposed amendments to the guidelines are based on suggestions by the committee as a result of questions raised by Mr. Curt Zimmerman, Facility Management Division. He described the proposed amendments:
- A federal official may use a committee room for educational and informational meetings that address issues affecting the state if the official arranges for security, janitorial, and other services with the Office of Management and Budget and the use is sponsored by a state agency.
- A member of the Legislative Assembly may use a committee room for any legal purpose and may sponsor use by a group or organization.
- The proviso that no other suitable facilities are available on the Capitol grounds or in a privately operated facility that may or may not charge a fee for that use only applies if the use is not by a state agency or is not sponsored by a state agency. He said use sponsored by a legislator would be subject to this proviso.
- Four alternates on authorized use of the press studio on the ground floor of the legislative wing. The alternates range from use only during a legislative session to use by a member of the Legislative Assembly or by any public official who is sponsored by a legislator.
In response to a question from Representative Berg, Mr. Zimmerman said he does not know of any private individual requesting use of the press studio.
Representative Dorso said use during a legislative session should be restricted to legislators. He said there have been many instances when the press studio was thought to be available but was occupied.
Senator Krauter said he has a problem with limiting use of the press studio to legislators and elected state officials, especially if there are youth groups that have mock legislative sessions and would like to practice using a press studio or having a press conference. The director said if this type of issue arises, it can be brought to the Legislative Management Committee because there usually is enough time between a request for use and actual use to bring a question to the committee. He emphasized that the guidelines are primarily for use of the Legislative Council and the Facility Management Division in approving use of committee rooms.
It was moved by Senator Heitkamp, seconded by Representative Berg, and carried on a voice vote that alternate C, with respect to use of the press studio by only a legislator during a legislative session and by only a legislator or an elected state official during periods outside legislative sessions, include an exception for use approved by the director of the Legislative Council.
It was moved by Representative Dorso, seconded by Representative Berg, and carried on a roll call vote that the guidelines for use of legislative committee rooms, as proposed to the committee, and including alternate C regarding use of the press studio, as amended by the committee, be approved. Senators St. Aubyn, Heitkamp, Krauter, Nelson, and Nething and Representatives Berg, Boucher, and Dorso voted "aye." No negative votes were cast.
SESSION ARRANGEMENTS
Session Employee and Legislator Training
Ms. Maryann F. Trauger, Legislative Council Information Technology Coordinator, presented the Tentative Agenda Orientation and Training Sessions for Certain Legislative Employees. She said the schedule for legislative employees is similar to the schedule before the 1999 legislative session. Under the schedule, she said:
- Leadership staff receives two days of training, either on November 20-21 or December 26-27.
- The payroll clerk receives one day of training, December 8.
- Desk reporters (and bill control clerks) receive two weeks of training, December 11-23.
- House committee clerks receive one week of training, December 11-15.
- Senate committee clerks receive one week of training, December 18-22.
- The assistant chief clerk of the House and assistant secretary of the Senate (and the bill control clerks) receive two days of training, December 26-27.
- House and Senate calendar clerks (and bill control clerks) receive two days of training, December 28-29.
- Legislative interns receive five days of training, January 2-8.
- Secretarial service employees receive two days of training, January 3-4.
- Telephone attendants receive one-half day of training, January 4.
- Information desk attendants receive two hours of training, January 8.
Ms. Trauger said the committee has approved enhancements to the calendar and journal system which result in the complete automation of the bill status system. Consequently, she said, the bill control clerk will have little responsibility other than numbering and recording bills when they are introduced. She said the committee has indicated the position should not be eliminated but should be used as a backup position for absent desk force employees. She said this training schedule provides for the bill control clerks to receive training for the journal system (to back up the desk reporters), the message system (to back up the assistant chief clerk and assistant secretary of the Senate), and the calendar system (to back up the calendar clerks). Backup for the desk reporter is especially important because the committee has approved enhancements to the legislative systems which result in the desk reporter being fully responsible for preparing the journal during the 2001 session.
Ms. Trauger said the tentative agenda also includes proposed training schedules for legislators. She said new legislators would be provided one day (seven hours) of training, through daily sessions of up to eight members each. She said the first session would be Monday, December 4, and the other sessions would be from Friday, December 8, through Sunday, December 10. She said the concurrent miniclasses during the organizational session for returning legislators would be similar to that during the 1998 organizational session. She said training on the LAWS system for legislators would be a three-hour class in the Brynhild Haugland Room on Friday, January 5 (two classes) and Monday, January 8 (two classes) for classes of up to 46 each.
Senator Heitkamp inquired whether Legislative Council staff could conduct this training at sites around the state. Ms. Trauger said the staff is tightly scheduled for loading legislators' computers with updated programs; obtaining, cleaning, and loading computers of legislators not returning as members of the 57th Legislative Assembly; preparing computers for newly elected legislators; and conducting training sessions for legislative employees from November 20 until the convening of the regular session. She said this could be considered when developing a training plan in 2002.
It was moved by Senator Krauter, seconded by Representative Boucher, and carried on a roll call vote that the tentative agenda for orientation and training sessions for certain legislative employees and training for legislators be approved. Senators St. Aubyn, Heitkamp, Krauter, Nelson, and Nething and Representative Boucher voted "aye." No negative votes were cast.
LEGISLATIVE RULES
At the request of Chairman St. Aubyn, the assistant director reviewed rules memorandums, rules amendments, and bill drafts addressing procedural issues raised during the 1999 legislative session and by committee members at previous meetings.
Copies of Bills
The assistant director reviewed Proposed Amendments to Senate and House Rules 404 and 405 to provide that at least two (rather than 13) copies of bills and resolutions must be filed with the desk force, to provide for a "covered" copy rather than an "original" copy, and to delete provisions for special copies to be provided to statewide organizations upon payment of a subscription fee. He said the committee requested deletion of the provision for the subscription service when it reviewed subscription services earlier this interim. He said the changes in the number of copies filed with the front desk and with respect to covered copies relate to a request by the House desk force to provide a more streamlined procedure for introduction of bills and resolutions. Under the proposed procedure, he said, a legislator would receive a covered copy and two additional copies of a bill or resolution. To file a bill for introduction, the legislator would file the covered copy and one of the copies with the desk force. The desk force would use the copies to obtain the Legislative Council file number and to place the sponsor and cosponsors' names in the computer files, assign the bill number in the computer files, and print a complete bill. The copies would be made by the desk force and distributed as required. He said this would eliminate most of the disassembly of the 15 copies formerly provided (the desk force requests two copies in addition to the required 13) for replacement of the first two pages.
It was moved by Representative Dorso, seconded by Senator Nelson, and carried on a voice vote that the committee approve the proposed amendment of Senate and House Rules 404 and 405, relating to the number of copies of bills.
Committee Clerk Job Description
The assistant director reviewed a revised Committee Clerk job description. He said the job description was revised to replace the background, which currently describes how bills are introduced, with a description of the Legislative Assembly, the legislative process, and the committee clerk's relationship to that process. He said a reference to the calendar for checking bill introduction is replaced with a reference to the journal (to reflect the committee's approval of elimination of previous day's action from the calendar and inclusion of this information in the journal); the number of different covers for different versions of bills and resolutions is reduced from 12 to 4 (to reduce the amount of manual reentry of information on the covers by having the same cover continue to be used throughout the legislative process); and the committee clerk is required to obtain a copy of an engrossed bill from the Legislative Council office, make the appropriate number of copies, and insert those copies in the committee members' bill books and provide a copy to the prime sponsor (to reflect the committee's request for this procedure).
It was moved by Representative Berg, seconded by Senator Nething, and carried on a roll call vote to approve the revised job description for the committee clerk. Senators St. Aubyn, Heitkamp, Krauter, Nelson, and Nething and Representatives Berg, Boucher, and Dorso voted "aye." No negative votes were cast.
Return of Vetoed Bills
The assistant director reviewed Proposed Amendments to Joint Rule 209, relating to the return of vetoed bills with objections. He said the current rule provides for the Governor to return a vetoed bill within three days, Sundays excepted, after presentation, but the new section 9 of Article V of the Constitution of North Dakota, effective July 1, 1997, provides for "three legislative days" as the timeframe within which the Governor must return a vetoed bill while the Legislative Assembly is in session.
It was moved by Senator Nelson, seconded by Representative Berg, and carried on a voice vote that the committee approve the proposed amendment of Joint Rule 209, relating to the return of vetoed bills with objections.
Filing of Bills - Bill Draft
The assistant director reviewed a bill draft to amend NDCC Section 54-07-01.5, relating to the duty of the Governor to file bills with the Secretary of State. He said Section 54-07-01.5 was enacted in 1987 to ensure that the Governor files bills with the Secretary of State after the bills have been presented to the Governor for signature. He said this section reflects the timeframes for vetoing a bill, and thus is proposed for amendment to reflect timeframes under the new Section 9 of Article V. As proposed for amendment, the timeframes would be the same as those allowed the Governor to veto a bill under Section 9, except two additional legislative days are provided to the Governor during a legislative session to file bills with the Secretary of State.
The assistant director reviewed a letter from Mr. Robert W. Harms, Governor's Counsel, and distributed a letter from Secretary of State Alvin A. Jaeger, expressing support for the bill draft. A copy of each letter is on file in the Legislative Council office.
It was moved by Representative Dorso, seconded by Senator Heitkamp, and carried on a roll call vote that the bill draft relating to filing of bills enacted by the Legislative Assembly be approved and recommended to the Legislative Council. Senators St. Aubyn, Heitkamp, Krauter, Nelson, and Nething and Representatives Berg, Boucher, and Dorso voted "aye." No negative votes were cast.
President and President Pro Tempore
The assistant director reviewed Proposed Amendments to Senate Rules 201 and 202 and Joint Rules 207, 208, 501(4), and 802 to transfer day-to-day responsibilities of presiding over the Senate to the President Pro Tempore and to provide that the duties of the President are those of convening the organizational session, administering the oath of office to new members, presiding over joint sessions, presiding over the Senate as requested by the President Pro Tempore, making statutory appointments, and determining arrangements for Senate security.
Senator Nelson said he requested this rules change because for six years he has believed that a member of the Senate should administer day-to-day operational responsibilities of the Senate. He said in recent sessions the Lieutenant Governor has supported issues from the executive branch perspective rather than the legislative branch perspective, even though the Lieutenant Governor constitutionally is deemed a member-elect of the Senate when casting a vote. He said there will be a new Lieutenant Governor as a result of the November general election. He said this is not a partisan issue but is a legislative management issue.
Senator Krauter said the authority of the President Pro Tempore to ask the President to preside reverses the responsibility from the way it is now.
In response to a question from Senator Heitkamp, the assistant director said Section 12 of Article V of the Constitution of North Dakota provides that the Lieutenant Governor is to serve as President of the Senate, but no provision specifies the duties of the President. He said the rules amendments continue responsibilities as presiding officer for purposes of convening the organizational session, administering the oath of office to members, and presiding over joint sessions. He said the rules change does not affect the voting authority of the Lieutenant Governor as provided by the constitution.
Senator Heitkamp agreed this is not a partisan issue, but it would be a major change. Senator Nelson requested the proposed amendment be placed on the agenda of a future meeting so the issue could be revisited.
Appropriations Committee Meetings
The assistant director described Proposed Creation of Senate and House Rules 504.1 to authorize the Appropriations Committees to meet for not more than five calendar days between the organizational session and the regular session, as called by the chairman of the respective committee.
Senator Nelson said he requested this rules amendment to open discussion on ways to expedite the process. He said three days of committee hearings before the session would accomplish work that requires a full week during the session. He said the proposal leaves the flexibility for meeting either the week between Christmas and New Year's Day or the week before the session convenes.
It was moved by Senator Nelson and seconded by Senator Nething that the committee approve the proposed creation of Senate and House Rules 504.1, relating to meetings of the Appropriations Committees between the organizational session and the regular session.
Senator Nething said the Senate Appropriations Committee sets aside one week for the higher education budget, and if that budget is heard before the session begins, the committee would be ready to submit that budget to subcommittees when the session convenes.
In response to a question from Representative Boucher, Senator Nething said his intent is to hold agency budget hearings at this time rather than hearings on bills prefiled by legislators.
Senator Krauter said this time could be used to get administrative preparations out of the way as well as to review the budget information prepared by the Legislative Council staff rather than to conduct hearings.
In response to a question from Representative Boucher, Senator Nelson said the intent is that hearings or administrative matters would be handled, not votes on bills.
Senator Heitkamp said the concept sounds good, but it is important that votes not be taken until legislators have the opportunity to testify on bills that have been heard during this period.
Senator Nelson said the exact way to use the time can be discussed later. If this works, he said, this could start discussion on scheduling crossover on Friday, recessing, scheduling the Appropriations Committees to return the following Wednesday (a four-day recess for those members) for hearings, and calling the other legislators to return the following Monday (a nine-day recess for those members). He said he doubts any member will give up assignment to the Appropriations Committees as a result of that committee holding meetings before the session convenes or during the crossover recess.
In response to a question from Senator Krauter, the assistant director said the days the Appropriations Committees would meet would not be considered legislative days and would not reduce the 80 days allowed for the legislative session. Although Section 7 of Article IV of the Constitution of North Dakota provides that the session may not exceed 80 natural days during the biennium and that the days spent in regular session need not be consecutive, he said, the section specifically provides that the Legislative Assembly may authorize its committees to meet at any time during the biennium.
Representative Berg said his concern is that once this process starts the Legislative Assembly will not change back. He said another suggestion could be that budgets other than the larger budgets be heard. He said there should be consideration of other ways of managing committee workload. He suggested the majority leader is the person who should call the meetings to ensure coordination and planning.
It was moved by Representative Berg and seconded by Senator Nelson that the proposed amendment be amended to provide that the Appropriations Committees would meet as called by the majority leader rather than the chairman of the committee. Senator Nething said the majority leader, rather than the President of the Senate or Speaker of the House, is the appropriate person to call these meetings because the majority leader, rather than the presiding officer, traditionally manages workload and coordinates committee meetings with the chairmen. In the Senate, he said, the presiding officer is not involved in management issues. After this discussion, the motion to amend carried on a voice vote.
Senator Nelson said he does not want to see this concept expanded to a procedure whereby committees would meet two or three days a week and floor sessions would be held on the other days of the week.
After this discussion, the motion, as amended, carried on a voice vote.
Committee Meeting Compensation Bill Draft
The assistant director reviewed a bill draft to amend NDCC Section 54-03-20 to provide that the legislative session per diem would be paid for each day a member attends a meeting of a legislative committee between the organizational session and the regular session as authorized by legislative rule. He said this is a companion measure to the rules change authorizing the Appropriations Committees to meet. He said this would provide that the members would receive session per diem rather than interim per diem and would apply to any committee that is authorized by rule to meet.
It was moved by Senator Nething, seconded by Senator Nelson, and carried on a roll call vote that the bill draft relating to compensation of members of the Legislative Assembly be approved and recommended to the Legislative Council. Senators St. Aubyn, Heitkamp, Krauter, Nelson, and Nething and Representatives Berg, Boucher, and Dorso voted "aye." No negative votes were cast.
Executive Agency and Supreme Court Bill Introduction Deadline
The assistant director referred to Joint Rule 208 and its requirement that executive agencies and the Supreme Court file bills for introduction no later than December 10 before the regular session. He said December 10, 2000, falls on a Sunday. He said when December 10 fell on a Saturday in 1994, the deadline was Friday, December 9. He said December 10 also appears as the date for the director of the budget to file appropriation bills. He pointed out that NDCC Section 54-44.1-07 requires appropriation bills to be presented at the organizational session.
It was moved by Senator Nelson, seconded by Senator Nething, and carried on a voice vote that the committee approve amendment of Joint Rule 208 to replace references to "December tenth before the ensuing regular session" with references to "the close of business on the day after adjournment of the organizational session."
Legislative Guests
The assistant director described Proposed Amendments to Senate and House Rules 205 and 360 to require guests to be seated with members at the time session convenes, to prohibit guests from leaving the floor during debate, and to limit the number of guests to one guest per day.
Senator Heitkamp objected to allowing only one guest per day. He said a change was made in the Senate rules last session to allow one guest during a morning session and one guest during an afternoon session. He said he fails to see the problem with movement of guests as long as those guests must be seated when the session convenes and cannot leave during debate.
Senator Nething said morning and afternoon sessions occur only during the busy times of the legislative session. He questioned the need for guests at these times.
Representative Berg said he supports Senator Heitkamp's position. If there are morning and afternoon sessions, he said, a member should be able to have a guest at each session.
It was moved by Senator Krauter, seconded by Senator Heitkamp, and carried on a voice vote that the committee approve the proposed amendment of Senate and House Rules 205 and 360 except the amendment be revised to allow a member to have one guest in the morning on the floor during a session and one guest in the afternoon on the floor during a session.
The chairman said with this action, the committee would not consider the proposed amendments to Senate and House Rules 205 and 360 to ban all guests during floor sessions.
Attire of Guests
The assistant director presented a memorandum entitled Attire for Floor Guests - Proposed Language. He said the memorandum was prepared in response to the committee's request for preparation of a statement to be included in the packet of tour guide materials sent to schools informing the schools of the proper attire students must wear to be admitted as guests on the floor. He said this request was made in response to comments on the legislative process questionnaire concerning decorum and dress by guests, i.e., students, on the floor. He said the proposed language is:
In order to maintain proper decorum, a student sitting as a guest on the floor must be suitably attired. No blue jeans with tee shirts or sweat shirts. Males must wear ties and sport coats or suit coats, females must wear dresses or skirts of modest length or dress slacks.
The assistant director said the Senate's "page for a day" program guidelines are that attire for male pages must be a coat, shirt, and tie, and attire for female pages must be dress pants, dresses, or skirts. He said no jeans are allowed. He said the 1999 North Dakota Senate Decorum Guidelines provide that legislators and employees must be suitably attired, no blue jeans, men must wear ties and suits or sport coats and slacks, and women must wear dresses and skirts of modest length, pantsuits, or business suits.
Senator Heitkamp said there is a difference between pages for a day and students seated as guests. He said blue jeans are a part of our culture.
Representative Dorso said students wearing blue jeans that are torn or ripped and tee shirts with questionable sayings or statements should not be allowed on the floor.
Senator Heitkamp said anyone would be hard pressed to find a young teenager with a sport coat or tie.
Representative Berg suggested that the restrictions only be that a student sitting as a guest on the floor must be suitably attired. He said schools have dress codes and the chaperones should ensure that those dress codes are followed. He said the sergeants-at-arms should decide what suitable attire is for guests.
Representative Dorso said the sergeants-at-arms should not be placed in the position of overruling whatever school dress codes are or whatever chaperones have allowed.
Senator Nething requested the statement be revised so that language after the provision for suitable attire allows shirts with collars, jeans or pants without holes, rips, or tears but does not allow tightfitting clothing.
Representative Boucher said he does not like what he sees in some cases, especially shirts that contain obscene statements. He said proper attire should be required, and he suggested that sweaters are acceptable.
Chairman St. Aubyn requested the Legislative Council staff to rewrite the restrictions to include the suggestions made and said this matter would be placed on the agenda of a future meeting.
Fiscal Notes
The assistant director reviewed Proposed Amendments to Joint Rule 501(3)(A) and (B) to remove a reference to the chairman of the committee requesting a fiscal note and to require the request to be in the proper form rather than in writing. He said fiscal notes are coordinated by the Legislative Council and the Legislative Council requests the preparation of fiscal notes by agencies. When chairmen have requested fiscal notes without coordination by the Legislative Council, he said, there have been conflicting fiscal notes prepared by different agencies and different personnel within the same agency. He said the reference to writing is eliminated because under the new budget reporting system, fiscal note requests will be made electronically and the notes will be prepared electronically and distributed electronically.
It was moved by Representative Berg, seconded by Senator Nelson, and carried on a voice vote that the committee approve the proposed amendment of Joint Rule 501(3)(a) and (b), relating to fiscal notes.
Motions During Debate
The assistant director reviewed Proposed Amendments to Senate and House Rules 312 to include motions to close, limit, or extend debate within the kinds of motions that are not subject to debate. He said this would accord such motions the same treatment as provided for motions calling for the previous question.
It was moved by Representative Berg, seconded by Senator Krauter, and carried on a voice vote that the committee approve the proposed amendment of Senate and House Rules 312, relating to motions during debate.
Nondebatable Motions
The assistant director described Proposed Amendments to Senate and House Rules 317 to include motions to close, limit, or extend debate in the list of motions that are not debatable. He said Section 358 of Mason's Manual of Legislative Procedure provides that such motions are not debatable, but Mason's only applies when it is not inconsistent with the rules. Because Senate and House Rules 317 specifically list nondebatable motions, he said, motions to close, limit, or extend debate probably would be considered debatable.
It was moved by Senator Krauter, seconded by Representative Berg, and carried on a voice vote that the committee approve the proposed amendment of Senate and House Rules 317, relating to nondebatable motions.
Vote Required to End Debate
The assistant director described Proposed Amendments to Senate and House Rules 314 and 318 to provide that motions to end debate or calling for the previous question are decided by a majority vote of the members present. He said the rules are vague whether motions to end debate are decided by a two-thirds vote or a majority vote.
It was moved by Representative Berg, seconded by Senator Nelson, and carried on a voice vote that the committee approve the proposed amendments of Senate and House Rules 314 and 318, relating to the vote required to close debate, limit, or extend debate.
Roll Call Votes
The assistant director described Proposed Amendments to Senate Rule 320 and House Rules 320 and 323 to clarify that roll call votes, rather than ayes and nays, may not be ordered unless requested by one-sixth of the members present and the results are printed in the journal when a recorded roll call vote is ordered. He said this rules amendment clarifies that one-sixth of the members may request a roll call vote on any issue rather than the ayes and nays which could be interpreted to mean only a vote on final passage.
It was moved by Representative Berg, seconded by Senator Heitkamp, and carried on a voice vote that the committee approve the proposed amendments of Senate Rule 320 and House Rules 320 and 323, relating to roll call votes.
MISCELLANEOUS MATTERS
Duplicate and Similar Bills
The assistant director presented a memorandum entitled Duplicate and Similar Bills Introduced During the 1999 Session. He said this memorandum was prepared in response to a request to identify those bills introduced in the 56th Legislative Assembly which were identical or similar to another bill. The memorandum identifies four bills introduced in one house that were identical to four bills introduced in the other house; describes several bills containing provisions that were identical to provisions contained in other bills; describes several bills dealing with similar subject matter or having similar provisions; and describes the procedure followed by the Legislative Council staff regarding similar bill draft requests.
Senator Nelson said the introduction of duplicate bills is for political purposes only. He said he views this as a waste of legislative time and he urged all legislative leaders to discourage this practice.
Publication of North Dakota Century Code
The director presented a memorandum entitled Publication of Statutes in North Dakota - History and Developments. The memorandum describes the history of publication of the statutes since 1889. The memorandum describes the codifications in 1895, 1899, 1905, 1913, 1925, 1943, and 1959. The memorandum points out that the codification in 1959 was basically an update of the 1943 codification and resulted in a numbering system that allows expansion and thus continues today. The memorandum also describes the contract with The Allen Smith Company in 1959; the acquisition of The Allen Smith Company by The Michie Company (now LEXIS Publishing); the contract with The Michie Company in 1991 for electronic use of the Century Code; and the contract with The Michie Company in 1994 to publish the code on CD-ROM. The memorandum identifies the code publishing agents in 53 jurisdictions and prices for codes published by LEXIS Publishing and WestGroup, as provided by LEXIS Publishing staff. The figures concerning LEXIS Publishing are 1999 prices and those concerning WestGroup prices were obtained from a bid submission by WestGroup in 1998. The price for a set of the North Dakota Century Code is $450 and the annual cost of the pocket supplements, index, and replacement volumes is $160.50. The 1999 price for annotated codes published by LEXIS Publishing ranges from $195 to $3,250 (average price of $865.12) and the 1999 annual cost of upkeep ranges from $146.53 to $853 (average cost of $375.55). The 1998 price for annotated codes published by WestGroup ranges from $320 to $3,488 (average price of $1,846.44) and the 1998 annual cost for upkeep ranges from $147.19 to $1,292 (average cost of $574.56).
The director emphasized that if there is a reason to open the contract for publishing the North Dakota Century Code to a bidding process, this would be a major undertaking and would require a substantial investment of time. He said the code revisor on the Legislative Council staff handles regular committee staffing responsibilities during the interim, and that would probably have to change if the code revisor has to concentrate on bid specifications and the possible transition to a new publisher. He said it appears the state has the right to the copyright, but questions could be raised about the rights to materials other than the text of the statutes.
It was moved by Representative Dorso and seconded by Senator Krauter that the Legislative Council staff be requested to begin the process of preparing a request for proposals for publication of the North Dakota Century Code.
Representative Dorso said this could be an opportune time to republish the code.
Representative Berg said one issue appears to be the ownership of the copyright to the materials in the code volumes.
In response to a question from Senator Krauter, the director said the request for proposals is a very complicated process because items must be contained in the request which may not be readily apparent. He displayed a copy of a solicitation for a bid for publication of the District of Columbia Code which had been supplied by the staff of WestGroup. He said publication of an unannotated code would be a rather simple process, but an annotated code contains source notes, collateral references, summaries of court cases, and other editorial materials, all prepared by the publisher's editorial staff. Another example of publishing responsibilities not readily apparent, he said, is errata sheets and methods of distributing those sheets. The assistant director said additional factors include the relationship between the price for state copies and for private subscribers, and the effect of a "low-ball" bid to get the contract and then later price increases to recover those costs after the contract is entered.
Senator Nething said he is not sure about moving into a process unless there is a goal to achieve. He questioned whether there is any hue and cry from the State Bar Association of North Dakota, the judicial branch, and other users of the Century Code concerning publication of the code. If there is a savings that will lead us to substantial benefits, he said, that would be fine but would there be any significant benefit from changing publishers or going through a process to prepare a request for proposals.
In response to a question from Representative Berg, the director said WestGroup has been asked whether it could use materials prepared by another publisher, and WestGroup indicated that was an issue for the state to determine. He said he believes any copyright dispute would be primarily between competing contractors.
In response to a question, Representative Dorso said he understands nothing can be done before the session, and his motion is that the Legislative Council staff begin the process to prepare a request for proposals.
After this discussion, the motion carried on a roll call vote. Senators Heitkamp and Krauter and Representatives Berg, Boucher, and Dorso voted "aye." Senators St. Aubyn, Nelson, and Nething voted "nay."
LEGISLATIVE RULES
Suspension of Rules
The assistant director described Proposed Amendments to Senate and House Rules 324 to provide that a majority of the members present rather than two-thirds of the members-elect may suspend a rule. He said this addresses the question of why a two-thirds vote is required to suspend rules when rules can be adopted by a majority vote. He noted that the procedure to avoid this requirement has been to amend temporarily.
It was moved by Representative Berg, seconded by Senator Nelson, and carried on a voice vote that the committee approve the proposed amendment of Senate and House Rules 324, relating to suspension of rules.
Amendment of Conference Committee Reports
The assistant director described Proposed Amendments to Senate and House Rules 333 to prohibit amendment of a measure on the calendar as the result of a motion to concur or not concur in amendments by the other house. He said this proposed amendment would treat a measure on the calendar as the result of a motion to concur the same as a measure on the calendar as the result of a conference committee report.
It was moved by Senator Nelson, seconded by Senator Krauter, and carried on a voice vote that the committee approve the proposed amendment of Senate and House Rules 333, relating to amendment of measures on the calendar as the result of motions to concur or not concur.
Transmittal of Measure to Other House
The assistant director described Proposed Amendments to Senate and House Rules 346 to provide for immediate messaging on the 34th legislative day (crossover) rather than the day before crossover. He said this amendment would eliminate the need to suspend the rules to allow for immediate messaging on the day of crossover, which has been the procedure since crossover was changed from the 33rd day to the 34th day in 1987 without the corresponding change to Senate and House Rules 346.
It was moved by Senator Heitkamp, seconded by Senator Krauter, and carried on a voice vote that the committee approve the proposed amendment of Senate and House Rules 346, relating to immediate transmittal of a measure to the other house on the 34th legislative day.
Motions for Reconsideration
The assistant director described Proposed Amendments to Senate and House Rules 347 to provide that reconsideration of amendments after the end of the next legislative day would require a two-thirds vote of the members-elect. Without this amendment, he said, arguably the vote for reconsideration regardless of when made would be by a majority of the members present.
Representative Berg said amendments may be adopted by a majority of the members present and he questioned whether the equivalent for reconsideration would be two-thirds of the members present rather than two-thirds of the members-elect. Chairman St. Aubyn said this amendment would be placed on the agenda of a future meeting to allow additional discussion and consideration.
Constitutional Amendment Introduction Deadlines
The assistant director reviewed Proposed Amendments to Senate and House Rules 402 to provide that the deadline for introducing resolutions that propose amendments to the Constitution of North Dakota be the 31st legislative day and that resolutions proposing amendments to the Constitution of the United States be subject to the 18th legislative day deadline as are other resolutions.
It was moved by Senator Heitkamp, seconded by Representative Berg, and carried on a voice vote that the committee approve the proposed amendment of Senate and House Rules 402, relating to the deadlines for introducing resolutions proposing constitutional amendments.
Bill Introduction Deadlines
The assistant director described the Bill Introduction Deadlines Proposed Amendments to Senate and House Rules 402 to clarify that the majority and minority leaders are subject to the same final introduction deadlines as are other members. He said the amendment reorders the restrictions to clarify that the final introduction deadlines apply to all members. He said this does not change the deadline after which members are restricted in the number of bills introduced but leaders are not.
It was moved by Representative Berg, seconded by Senator Heitkamp, and carried on a voice vote that the committee approve the proposed amendment of Senate and House Rules 402, relating to the deadlines for introducing bills.
Committee Reports for Amendment
The assistant director described Proposed Amendments to Senate and House Rules 601 to provide that after the 55th legislative day committee reports for amendment must be placed on the calendar on the sixth order of business immediately after the report of the committee is received. He said this change would eliminate the need for motions to suspend the rules to allow actions on amendments immediately after committee reports are received late in the session.
It was moved by Senator Nelson, seconded by Representative Berg, and carried on a voice vote that the committee approve the proposed amendment of Senate and House Rules 601, relating to placement of committee reports for amendment on the calendar after the 55th legislative day.
Minority Reports
The assistant director described Minority Reports Proposed Amendments to Senate and House Rules 601 to provide that if the minority report is adopted, that report is substituted for the majority report and must be placed on the calendar on the 11th or 14th order of business; and if the minority report is not adopted, the majority report is deemed adopted and must be placed on the calendar on the 11th or 14th order of business. He said this proposed rules amendment implements the procedure followed by the House during the 1999 session.
Representative Berg said the procedure on minority reports is confusing. He said the procedure provides for discussion of minority reports in lieu of discussion of majority reports. He said majority reports should be discussed and voted on before consideration of minority reports.
Because of the question concerning the procedure of adoption of minority reports, Chairman St. Aubyn said further consideration of this rules amendment as well as rules amendments concerning roll call votes on majority and minority reports, prohibiting members from signing more than one report, and limiting minority reports to one minority report would be deferred to a future meeting.
MISCELLANEOUS MATTERS
Council on Compulsive Gambling Request
The assistant director presented a letter from Mr. Dick Elefson, Secretary, Council on Compulsive Gambling of North Dakota, Inc., requesting use of a legislative committee room from approximately 7:00 to 8:00 p.m. on one of the evenings during the first week in January to conduct an orientation session on the issues and concerns regarding legal gambling (both charitable and casino gambling) to members of the Legislative Assembly. A copy of the letter is on file in the Legislative Council office.
It was noted that previous requests by groups for use of legislative committee rooms during a legislative session have been denied because of the workload of legislators, the difficulty in scheduling a committee room before knowing a committee's workload, and the precedent that would be set if private groups, nonprofit organizations, or state agencies were scheduled for informational sessions during the limited time available during a legislative session.
It was moved by Senator Nething, seconded by Senator Nelson, and carried on a voice vote to decline the request of the Council on Compulsive Gambling for a committee room to conduct an orientation session on gambling issues.
Attendance at Legislative Council Meeting
The assistant director said the Legislative Management Committee in 1998 requested the Legislative Council to reimburse newly elected legislators for travel expenses to attend the Legislative Council meeting in November. He said this was first done in 1998 as a means of introducing new legislators to issues they would be facing during the regular session.
It was moved by Senator Nething, seconded by Representative Berg, and carried on a roll call vote that the committee recommend that newly elected legislators be reimbursed for travel expenses for attending the Legislative Council meeting in November. Senators St. Aubyn, Heitkamp, Krauter, Nelson, and Nething and Representatives Berg and Boucher voted "aye." No negative votes were cast.
Recognition of Senator St. Aubyn
Senator Heitkamp said the minority party has always been treated well by Senator St. Aubyn and he wished him the best in his new career. Senator Nelson said Senator St. Aubyn will be missed, and the executive branch missed an opportunity to continue Senate representation of District 43 until December 1, 2000.
Senator St. Aubyn extended his thanks to all members of the committee, legislators, and the Legislative Council staff. He said he wished the public would realize the public service provided by legislators.
No further business appearing, Chairman St. Aubyn adjourned the meeting at 3:50 p.m.
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Jay E. Buringrud
Assistant Director
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John D. Olsrud
Director
