North Dakota 2023-2024 Regular Session

North Dakota Senate Bill SB2208

Introduced
1/11/23  
Refer
1/11/23  
Report Pass
2/10/23  
Engrossed
2/15/23  
Refer
2/17/23  
Report Pass
3/3/23  
Enrolled
4/10/23  

Caption

Mandating the attorney general to issue opinions requested by individual members of the legislative assembly.

Impact

The bill seeks to formalize and streamline how the attorney general interacts with members of the legislative assembly regarding legal matters. If enacted, this would improve the procedural clarity around the issuance of opinions and reinforce the attorney general's role in supporting legislative functions. Discussions surrounding the bill highlighted that while it is seen as a necessary adjustment to existing law, it also raises questions about the resources available to the attorney general to handle potentially increased demand for legal opinions from legislators.

Summary

Senate Bill 2208 aims to amend Section 54-12-01 of the North Dakota Century Code, thereby mandating the attorney general to issue written legal opinions when requested by individual members of the legislative assembly. This change is intended to clarify the responsibilities of the attorney general in responding to legislative inquiries, potentially enhancing the responsiveness of the legal advice provided to legislators. Proponents of the bill believe that this will foster a more informed legislative process, ensuring that legislators have access to the necessary legal perspectives to make sound policy decisions.

Sentiment

The sentiment surrounding SB2208 was largely favorable among legislators, as evidenced by its unanimous approval in the Senate and strong support in the House. The bill was perceived as a positive step towards enhancing governance and legislative effectiveness, although there were concerns about the administrative implications of requiring the attorney general to provide more frequent opinions. Overall, the discussions reflected a consensus on the importance of legal guidance in legislative matters, although some legislators emphasized the need for resource considerations.

Contention

While there was broad support for SB2208, some contention arose regarding the potential implications of more frequent legal opinions from the attorney general. Critics expressed concerns that an increase in requests for opinions might overburden the attorney general's office and could lead to delays in response times. Additionally, there were discussions about the nature of questions that legislators might pose, and whether this might place undue pressure on the office to provide timely opinions on contentious issues. The core debate centered around finding a balance between legislative needs and the practical realities of the attorney general's capacity.

Companion Bills

No companion bills found.

Previously Filed As

ND HB1356

Access to requests to the legislative council made by members of the legislative assembly.

ND HB2163

Open records; public access counselor; review; subpoena; Attorney General; binding opinion; advisory opinion; emergency.

ND HB3160

Attorney General; expanding scope of duties of the Attorney General; effective date.

ND A4671

Provides member of General Assembly be referred to as Assembly Member rather than Assemblyman or Assemblywoman.

ND HB1020

Provides relative to requests for attorney general opinions by members of a municipal fire and police civil service board

ND HB1601

Special assistant attorneys general.

ND HB0101

Attorney general opinions.

ND HB0159

Attorney General Prosecution Review Amendments

ND HB0380

Attorney General Amendments

ND SB1649

Attorney General; adding certain duties for Office of Attorney General. Emergency.

Similar Bills

IL SB3671

STATES ATTY-PEACE OFCR-PRIVACY

IL SB2087

STATES ATTY-PEACE OFCR-PRIVACY

CA SB605

State attorneys and administrative law judges: compensation.

CA AB1163

Minors: power of attorney to care for a minor child.

CA SB1109

Adoption.

CA SB710

District attorneys: conflicts of interest.

CA AB2083

Public utilities: rates.

CA AB894

Attorney General: directors and employees: exemption from civil service.