§ 1-02-09 — Irreconcilable statutes or constitutional amendments passed during the same session

North Dakota § 1-02-09

• Jurisdiction: North Dakota
• Title 1: General Provisions
• Ch. 1-02: Rules of Interpretation

Text

same session.
1. Whenever the provisions of two or more statutes passed during the same session of
the legislative assembly are irreconcilable, the statute latest in date of final passage by
the legislative assembly, irrespective of the date on which it was approved or allowed
to become law by the governor or of its effective date, prevails from the time it
becomes effective. However, whenever a provision of one or more statutes repeals a
law and a provision of one or more statutes passed later during the same session of
the legislative assembly amends that law, the provision amending the law prevails
from the time it becomes effective only if:
a. The legislative council determines the intent of the legislative assembly was to
retain the amended law as an independent law; or
b. The provision amending the law has an earlier effective date than the effective
date of the provision repealing the law, in which case the amendment prevails
from its effective date until the effective date of the provision repealing the law.
2. Whenever two or more concurrent resolutions, adopted during the same session of the
legislative assembly, propose to create or amend, or amend and repeal, the same
section of the Constitution of North Dakota, the secretary of state, in consultation with
the attorney general, shall determine if the proposals are irreconcilable, and if they are
irreconcilable, the resolution last adopted by the legislative assembly, as determined
by the legislative council, must be placed on the ballot for the appropriate election for
approval or disapproval by the electorate.