Judiciary Committee

Duties and Studies

Statutory and constitutional revision.

1341 § 1 Study those provisions of the North Dakota Century Code that place restrictions on carrying firearms and dangerous weapons. The study must include an examination of the state's current firearm and weapon possession prohibitions as compared to the nation's historical regulations and restrictions on the time, place, and manner in which firearms and dangerous weapons may be restricted. The study must include an assessment of recent federal court cases relating to firearm restrictions, including public carry, and an examination of the definition of a dangerous weapon and whether the current definition of a dangerous weapon should be maintained, narrowed, or expanded. The study must include input from the Attorney General, the Superintendent of Public Instruction, a representative of the North Dakota University System, and representatives of the Supreme Court, the Association of Counties, the League of Cities, the State's Attorney Association, the Commission on Legal Counsel for Indigents, the Peace Officers Association, and an association or organization with an interest in firearm legislation.

2304 § 6 Study statewide charitable gaming comprehensively. The study must include input from the Attorney General, stakeholders from large and small charitable organizations, local political subdivisions that authorize sites, gaming equipment manufacturers and distributors, gambling addiction counselors, and other industry leaders. The study also must include an evaluation of the economic impact of charitable gaming on the state in urban and rural areas; an evaluation of gambling addiction and treatment services currently available; an evaluation of the civic benefit of charitable gaming to the communities most closely related to the gaming sites; an evaluation of how site authorization is approved and renewed, including whether charities have equitable access to sites; an evaluation of the gaming tax structure; an evaluation of public support for charitable gaming; an evaluation of statewide local restrictions placed on charitable gaming; an evaluation of gaming expansion; an evaluation of site locations where gaming is taking place; an evaluation of charitable gaming proceeds and the eligible uses of gaming proceeds, including the percentage of proceeds that may be used for administration; an evaluation of the categories of organizations that are allowed to conduct charitable gaming, including the missions of such organizations; an evaluation of the placement of gaming activity within a gaming site, including electronic pull-tab device placement; an evaluation of the rental rate paid by organizations to alcoholic beverage establishments; and an evaluation of the authority of the Attorney General to regulate alcoholic beverage establishments.

2376 § 1 Study, with the assistance of the North Dakota Commission on Uniform State Laws, the recording practices of local and state law enforcement during custodial interrogations to determine the feasibility and desirability for uniform implementation of recording practices. The study must include the number of law enforcement agencies currently recording custodial interrogations and any policies regarding how the recording of interrogations is conducted; the storage and retention practices associated with recording interrogations; the types of equipment used to record interrogations; the types of locations at which interrogations are recorded; the types of criminal investigations in which interrogations are recorded and the frequency those interrogations are recorded; the current disclosure of recorded interrogations in criminal discovery; best practices and current requirements for the recording of interrogations, including adoption of the Uniform Electronic Recordation of Custodial Interrogations Act; the financial costs associated with the recording of custodial interrogations and implementation of uniform practices; and any barriers to uniform implementation of the recording of custodial interrogations. The Legislative Management may seek the assistance of the North Dakota Commission on Uniform State Laws in the development of recommended policies and procedures.

2278 § 1 Study the laws and procedures relating to courts established under Chapter 40-18. The study must include an examination of the number and geographic location of existing municipal courts; access to municipal court ordinances; jurisdiction of the municipal courts; municipal court judge qualifications and training; transfer of cases to district court; appeal of cases to district court; Supreme Court general oversight of municipal courts; applicability of judicial administrative rules to municipal courts; requirements for recording proceedings in municipal court; and requirements to report information to the Supreme Court on the establishment or abolition of a court, the election, appointment and removal of municipal court judges and clerks, and annual caseload data and annual financial information on the imposition, collection, and disposition of fines and fees.

Reports

Receive a report from the Supreme Court by June 1, 2024, regarding the Supreme Court's findings and recommendation and any legislation required to implement the statutory change of drug court to wellness court. (2023 Senate Bill No. 2012 § 55)

Receive a report from the Supreme Court before September 1, 2024, on the implementation of a uniform bail schedule and the standard amount of bail for each state offense. (2023 House Bill No. 1453 § 1)  (NDCC § 29-08-03.1)

Receive reports from the Ethics Commission during the 2023-24 interim on the activities and operations of the commission, including information regarding the number of complaints received by the commission, education and outreach efforts, and the status of the commission's budget. (2023 Senate Bill No. 2024 § 4)

Receive a report from the Attorney General by November 1 of each year summarizing activity of any civilly forfeited property. (NDCC § 19-03.1-36.8(4))

By November 1^st of each year, the Attorney General shall submit to the Legislative Management and the Governor a written report summarizing activity in the state for the preceding fiscal year, the type, approximate value, and disposition of any civilly forfeited property, and the amount of proceeds received. Summary data and civilly forfeited property must be disaggregated by agency. The Attorney General shall make the report available on the Attorney General's website. The report must include the case reports provided by the law enforcement agencies. (NDCC § 19-03.1-36.8)

Receive annual reports from the State Department of Health on the number of applications, registered qualifying patients, registered designated caregivers, registered compassion center agents, nature or debilitating medical conditions, identification cards revoked, health care providers providing written certifications, compassion centers; expenses incurred and revenues generated by the department, and data for statistical purposes in a manner so that an individual person is not identifiable. (NDCC § 19-24.1-39)

Before July 1^st of each year, the Supreme Court shall submit to the Legislative Management a report on the status of the program to assist rural counties and municipalities in recruiting attorneys. (NDCC § 27-02.2-13)

Receive report from the Department of Health and Human Services before March 1 of each even-numbered year on services provided by the Department of Corrections and Rehabilitation relating to individuals at the State Hospital who have been committed to the care and custody of the Commissioner of the Department of Health and Human Services. (NDCC § 50-06-31)

Receive a biennial report from the Racing Commission and recommendations for legislation which address the issue of the liability of charitable organizations that receive and disburse money handled through account wagering. (NDCC § 53-06.2-04)

Receive report, as requested, from the Director of the North Dakota Lottery regarding the operation of the lottery. (NDCC § 53‑12.1‑03)

Review any executive order issued by the President of the United States which has not been affirmed by a vote of Congress and signed into law 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 order or seek to have the order declared to be an unconstitutional exercise of legislative authority by the President. (NDCC § 54-03-32)

Review uniform laws recommended by the Commission on Uniform State Laws. (NDCC § 54-35-02)

Receive annual report from the Director of the Commission on Legal Counsel for Indigents containing pertinent data on the indigent defense contract system and established public defender offices. (NDCC § 54-61-03)