To create section 35 of article IV of the constitution; Relating to: legislative suspension of rules promulgated by state agencies (first consideration).
Impact
If enacted, SJR124 would fundamentally alter the balance of power between the state legislature and administrative agencies. State agencies currently have the authority to create rules that regulate various aspects of life and business within the state. However, SJR124 enables the legislature to unilaterally suspend such rules, which could lead to significant changes in regulatory oversight. This could potentially simplify compliance for entities affected by complex rules, but may also undermine regulatory safeguards intended to protect the public and ensure the fairness of administrative governance.
Summary
SJR124, introduced in the 2025 legislature, proposes a significant change to the state constitution, allowing the legislature to suspend rules promulgated by state agencies. This is achieved through a joint resolution adopted by a majority vote of all members elected to each house, eliminating the need for the governor's approval or adherence to existing constitutional enactment procedures. The bill aims to increase legislative control over state regulations and is designed to streamline processes by allowing the legislature to act more decisively on administrative rules that they find burdensome or unnecessary.
Contention
The discussion surrounding SJR124 is expected to be contentious, as it elicits concerns about the potential for legislative overreach and undermining of agency expertise. Critics argue that this measure could destabilize established regulatory frameworks, creating uncertainty in governance and potentially jeopardizing public safety and welfare. Proponents maintain that it serves as a necessary check on administrative overreach, allowing lawmakers to respond swiftly to rules that may not align with current state interests or economic conditions.
Crossfiled
To create section 35 of article IV of the constitution; Relating to: legislative suspension of rules promulgated by state agencies (first consideration).
A concurrent resolution to amend and reenact sections 7 and 13 of article IV of the Constitution of North Dakota, relating to sessions of the legislative assembly; and to provide an effective date.
A resolution to direct the Clerk of the House of Representatives to only present to the Governor enrolled House bills finally passed by both houses of the One Hundred Third Legislature.
Relating to nonsubstantive additions to, revisions of, and corrections in enacted codes, to the nonsubstantive codification or disposition of various laws omitted from enacted codes, and to conforming codifications enacted by the 88th Legislature to other Acts of that legislature.