North Dakota’s state Legislature is one of only four legislatures left in the country, which still meets every other year. These being Montana, Nevada, North Dakota, and Texas. The subject of North Dakota switching from its Legislature meeting in regular session every other year to meeting annually has come up from time-to-time over the years.
Currently, the Legislative Assembly meets in regular session during the odd-numbered years. A typical session runs from early January to about the end of April, but sometimes into the first week of May. The Legislature is mandated by the state Constitution to meet in regular session for no more than 80 legislative days per biennium. A biennium is the two-year budget cycle of the state.
Last week’s special legislative session, which was called in order for lawmakers to reconsider funding for a number of key state government agencies and departments, became necessary when the North Dakota Supreme Court found that the bill which funds the Office of Management and Budget was unconstitutional. Had lawmakers not returned to Bismarck to fix the funding legislation for these agencies, North Dakota government would have run out of money to fund these agencies as of Nov. 1.
This brings up the question of whether it’s time for North Dakota lawmakers to seriously consider whether the Legislature should switch from meeting every other year to meeting annually, just as the remaining 46 state legislatures do.
Members of the state House of Representatives and the Senate are elected to four-year terms. Thanks to term limits being imposed upon the service of the governor and state lawmakers by the people of North Dakota in the 2022 general election; the governor and state lawmakers may only serve for two consecutive four-year terms. With the resulting turnover in the Legislature which term limits will bring about, this has renewed the subject of the Legislature meeting annually. Many political observers around the state believed that term limits would be the impetus to change many lawmakers’ minds on the subject of annual legislative sessions. It wound up not being the case.
During the 2023 legislative session earlier this year, Senate Bill 2333 was introduced, which would have enabled the Legislature to convene annually, but the legislation did not mandate annual sessions. Following debate on the Senate floor, the bill failed on a vote of 26 no and 21 yes. The bill was sponsored by Sen. Oley Larsen of Minot, Sen. Scott Meyer of Grand Forks, and Sen. Bob Paulson of Minot; along with Rep. Cole Christenson of Rogers, Rep. Jared Hagert of Emerado and Rep. Greg Stemen of Fargo.
Over the years, the subject of annual legislative sessions has gotten a very chilly reception among lawmakers in Bismarck. Many argue that annual sessions would create, what one legislator described as a “full-time, professional legislature.” Those arguments, in my opinion, are not applicable. North Dakota prides itself on having a strong, citizen Legislature. The Legislature itself, as an institution, would not change with annual sessions.
Ordinary North Dakotans from all walks of life will still be able to be elected and serve in the Legislature. It will continue to be a forum where any North Dakotan may bring most any matter to the attention of the Legislature, where it will receive full and fair consideration. Being a legislator would remain a very part-time job. Annual sessions would not mean that the Legislative Assembly would become a de facto full-time legislature.
Having the Legislature convene in regular session annually, rather than every two years will only improve matters. There are some 20 months between regular legislative sessions in North Dakota currently. As we saw with the state budget bill that the state supreme court threw out, just too much can change during the long break between legislative sessions. If lawmakers returned every year for a shorter period of time, I think they would have a better handle on the affairs of the state and they would have more than ample opportunity to address anything that comes up more efficiently.
More importantly, if the Legislature met annually, lawmakers would be able to pass a budget every year for the following fiscal year. A fiscal year of the state runs from July 1 through June 31 of the following year. The state currently operates on a biennial budget, covering a two-year period of time. I think that would greatly assist our state, in that there wouldn’t be such a long period of time to address any matter which might suddenly come up.
I would think lawmakers could follow South Dakota’s model. The South Dakota Legislature is in session every year for no more than 40 legislative days each session. This means that South Dakota’s legislators are in and out of session in Pierre in about ten weeks each year. Instead of the four-month marathon that is a North Dakota legislative session every two years.
The next regular session of the Legislature will commence in North Dakota in January of 2025. Perhaps, with this experience of them having to return to Bismarck and rush to approve new legislation to allow state government to continue operating past Nov. 1, that this will serve as the spark for lawmakers to take a serious look at an annual legislative sessions bill, and hopefully enact it. I think annual sessions are something that should be embraced and not feared.
Olson, of Fargo, is a published author of commentary and opinion articles in publications across North Dakota. He is also a regular contributor to the Journal’s opinion page. He may be reached at: rickolson@midco.net.
