Bill Summary – FastDemocracy

0398.02000
     Sixty-eighth
     Legislative Assembly                    HOUSE BILL NO. 1120
     of North Dakota
     Introduced by
       Representatives Heinert, Cory, Dockter, Longmuir, Meier, M. Ruby
  A BILL for an Act to amend and reenact sections 11-11-05 and 15.1-09-30, subsection 5 of
  section 15.1-19-03.1, and sections 40-06-02, 49-01-07, 54-16-01, and 54-17-02 of the North
  Dakota Century Code, relating to the recitation of the pledge of allegiance.
  BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
      SECTION 1. AMENDMENT. Section 11-11-05 of the North Dakota Century Code is
  amended and reenacted as follows:
      11-11-05. Meetings of board - Time and place - Pledge of allegiance.
      The board of county commissioners shall meet and hold regular meetings for the
  transaction of business at a time and place to be designated by the commission on a date
 certain established by resolution or ordinance of the commission. The county auditor shall have
 power to call special meetings when the interests of the county demand it. The chairman of the
 board, or a majority of the members thereof, may call special meetings that must be noticed in
 accordance with section 44-04-20. At the beginning of each meeting, board members must be
 given the opportunity to participate in a voluntary recitation of the pledge of allegiance.
     SECTION 2. AMENDMENT. Section 15.1-09-30 of the North Dakota Century Code is
 amended and reenacted as follows:
     15.1-09-30. School boards - Meetings - Pledge of allegiance.
     1.   Each school board shall hold an initial meeting during the month of July following the
          annual election. The president of the school board shall select a meeting date that is
          convenient to the other board members and shall provide board members with written
          notice of the meeting.
     2.   Once during each month thereafter, a board shall hold a regular meeting for the
          transaction of business. The board of any school district having only one-room and
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           two-room schools may meet as often as the board deems necessary, but not less than
           four times in each year.
      3.   Special meetings may be called by the president or by any two members of a board.
           Written notice of a special meeting must be given to each member of a board.
      4.   At the beginning of each school board meeting, board members must be given the
           opportunity to participate in a voluntary recitation of the pledge of allegiance.
      5.   The attendance of a board member at any meeting, without objection, constitutes a
           waiver of the notice requirement for that member.
    5.6.   A board of a school district operating under an academic cooperative agreement
          approved by the superintendent of public instruction may participate in multiboard
          meetings in addition to, instead of, or in conjunction with the regular board meetings
          required by this section. Multiboard meetings must be for the purpose of pursuing joint
          academic or cooperative activities and must be held at the times and locations agreed
          to by the presidents of the participating boards. In addition to any other requirements
          set forth in section 44-04-20, the presidents of each school board shall ensure that
          notice of each multiboard meeting in which the school board will participate is
          published in the local newspapers of general circulation at least one week before the
          meeting date.
     SECTION 3. AMENDMENT. Subsection 5 of section 15.1-19-03.1 of the North Dakota
 Century Code is amended and reenacted as follows:
     5.   A school board mayshall authorize the voluntary recitation of the pledge of allegiance
          by a teacher or one or more students at the beginning of each schoolday. A student
          may not be required to recite the pledge of allegiance, stand during the recitation of
          the pledge of allegiance, or salute the American flag.
    SECTION 4. AMENDMENT. Section 40-06-02 of the North Dakota Century Code is
 amended and reenacted as follows:
    40-06-02. Meetings to be public - Journal of proceedings to be kept - Pledge of
 allegiance.
    All meetings of the governing body shall be open to the public, and a journal of its
 proceedings shall be kept. At the beginning of each meeting of the governing body, members of
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  the governing body must be given the opportunity to participate in a voluntary recitation of the
  pledge of allegiance.
      SECTION 5. AMENDMENT. Section 49-01-07 of the North Dakota Century Code is
  amended and reenacted as follows:
      49-01-07. Proceedings of public service commission - Pledge of allegiance.
      The commission in all cases may conduct its proceedings, when not otherwise particularly
  prescribed by law, in a manner most conducive to the proper dispatch of business and to the
  ends of justice. A majority of the commission shall constitute a quorum for the transaction of
  business, but a commissioner shall not participate in any hearing or proceeding in which that
 commissioner has any direct personal pecuniary interest. The commission from time to time
 may make or amend such general rules or orders as may be requisite for the orderly regulation
 of proceedings before it, including forms of notice and the service thereof, which shall conform
 as nearly as possible to those in use in the courts of this state. Any party may appear before the
 commission and may be heard in person or by attorney. Every vote and official action of the
 commission shall be entered of record and its proceedings shall be public upon the request of
 any person interested. The commission shall have an official seal, which shall be judicially
 noticed, and every commissioner shall have the right to administer oaths and affirmations in any
 proceeding pending before the commission. At the beginning of each meeting of the
 commission, members must be given the opportunity to participate in a voluntary recitation of
 the pledge of allegiance.
     SECTION 6. AMENDMENT. Section 54-16-01 of the North Dakota Century Code is
 amended and reenacted as follows:
     54-16-01. Emergency commission - Members - Organization - Quorum - Meetings -
 Pledge of allegiance.
     The emergency commission consists of the governor, the majority leaders of the senate and
 house of representatives of the legislative assembly, the secretary of state, and the chairmen of
 the senate and house of representatives appropriations committees. If the chairman of an
 appropriations committee ceases to be a member of the legislative assembly, the vice chairman
 of that committee succeeds to that position on the commission. An appropriations committee
 vice chairman may serve in the place of the appropriations committee chairman as a member of
 the commission at the request of the appropriate appropriations committee chairman, if the
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  appropriations committee chairman is unable to attend a commission meeting. If a majority
  leader ceases to be a member of the legislative assembly, the respective house's assistant
  majority leader succeeds to that position on the commission. A majority leader's assistant
  majority leader may serve as a member of the commission in the place of the majority leader at
  the request of the majority leader if that majority leader is serving on the commission in another
  capacity or is unable to attend a commission meeting. Four members of the commission
  constitute a quorum. The governor is the chairman and the secretary of state is the secretary of
  the commission. The commission shall meet at the call of the chairman. At the beginning of
  each meeting of the emergency commission, members must be given the opportunity to
 participate in a voluntary recitation of the pledge of allegiance.
     SECTION 7. AMENDMENT. Section 54-17-02 of the North Dakota Century Code is
 amended and reenacted as follows:
     54-17-02. Industrial commission - Members - Quorum - Meetings - Pledge of
 allegiance.
     The industrial commission of North Dakota shall consist of the governor, the attorney
 general, and the agriculture commissioner. The governor and one member constitute a quorum
 for the transaction of business. The meetings of the commission must be held at such times and
 places as the governor or a majority of the commission may determine. It must be provided by
 the proper authorities with suitably furnished offices at the seat of government. At the beginning
 of each meeting of the industrial commission, members must be given the opportunity to
 participate in a voluntary recitation of the pledge of allegiance.
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Statutes affected: 
INTRODUCED: 11-11-05, 15.1-09-30, 15.1-19-03.1, 40-06-02, 49-01-07, 54-16-01, 54-17-02
FIRST ENGROSSMENT: 11-11-05, 15.1-09-30, 15.1-19-03.1, 40-06-02, 49-01-07, 54-16-01, 54-17-02
Enrollment: 11-11-05, 15.1-09-30, 40-06-02, 49-01-07, 54-16-01, 54-17-02