2017 HOUSE GOVERNMENT AND VETERANS AFFAIRS

HB 1330 2017 HOUSE STANDING COMMITTEE MINUTES

Government and Veterans Affairs Committee Fort Union, State Capitol

HB 1330 2/3/2017 27900

D Subcommittee D Conference Committee

Committee Clerk Signature

Explanation or reason for introduction of bill/resolution:

Relating to the membership of the legislative management; and to declare an emergency

Minutes: Attachment 1

Chairman Kasper opened the hearing on HB 1330.

Rep. introduced the bill. This is about legislative management and making it proportional. The current makeup of legislative management is 17 members. The 2 leaders from each house, the 2 minority leaders from each house, and the speaker make up 5. The remainder is 12 members, 6 from the Senate and 6 from the House who are elected by their respective chambers. Currently, we have a disproportionate number of Democrats to Republicans, and this bill will make it proportional, so the number that you have elected sitting in your chamber will change depending on the number you have. Attachment 1 explains the proportion. (4:48-5:26)

Rep. Laning: Do you feel you should have some language indicating a minimum?

Rep. Schatz: You are always going to have one from each.

Rep. appeared in support. In the House there are 81 Republicans and 13 Democrats. If you did the math, that should be 1.1 Democrat and the rest should be Republicans. The leaders should always be involved. I have 75 members who don't belong, and there are only 10 members of the other caucus who don't belong. Yet the membership is 5 to 3. Passing something like this, you take the opportunity to have less members the next time you meet on council. As you know, council does the interim meetings, pick the studies, select people for various events and things in committees that we appoint through . They kind of run the legislature when we are not in session.

Chairman Kasper closed the hearing . 2017 HOUSE STANDING COMMITTEE MINUTES

Government and Veterans Affairs Committee Fort Union, State Capitol

HB 1330 2/10/2017 28223

D Subcommittee D Conference Committee

Committee Clerk Signature

Explanation or reason for introduction of bill/resolution:

Relating to the membership of the legislative management; and to declare an emergency

Minutes:

Chairman Kasper opened the meeting on HB 1330.

Rep. Dockter made a motion for a DO PASS on HB 1330.

Rep. B. Koppelman seconded the motion.

Rep. Dockter: Legislative management will still have the majority and minority leaders of each chamber, but then have a formula to proportionately have a number of members who is elected in each chamber. We have 94 members divided by 6 members of legislative management equals 15.6 members of a party in order to get a seat. The Senate 47 divided by 6 means for 7.83 members of a party in order to get a seat. No matter which party is in control, we are disproportionate on the legislative management. This bill is intended to allow whoever has more seats gets more seat percentages on legislative management.

A roll call vote was taken. 13 Yeas, 1 Nay, 0 Absent.

Rep. B. Koppelman will carry the bill. Date: __2_ -_I_C,_ - _1_7..__ ___ Roll Call Vote #: _J______

2017 HOUSE STANDING COMMITTEE ROLL CALL VOTES BILL/RESOLUTION NO. / 5 5 C)

House Government and Veterans Affairs Committee

D Subcommittee

Amendment LC# or Description: ------Recommendation: D Adopt Amendment ~ Do Pass D Do Not Pass D Without Committee Recommendation D As Amended D Rerefer to Appropriations D Place on Consent Calendar Other Actions: D Reconsider D

Motion Made By _ _,,J)__ ~ ------Seconded By~ /

Representatives Yes No Representatives Yes No Jim Kasper-Chairman )(' Pamela Anderson ?<' Scott Louser-Vice Chairman y Mary Schneider ~ '><'" Craig A. Johnson --r Daniel Johnston IC ~ I<' Vernon Laning -,c Christopher D. Olson )<' Karen M. Rohr >< Vicky Steiner >< Steve Vetter X

Total (Yes) No I

Absent 0

Floor Assignment

If the vote is on an amendment, briefly indicate intent: Com Standing Committee Report Module ID: h_stcomrep_27_015 February 10, 2017 1 :15PM Carrier: B. Koppelman

REPORT OF STANDING COMMITTEE HB 1330: Government and Veterans Affairs Committee (Rep. Kasper, Chairman) recommends DO PASS (13 YEAS, 1 NAYS, 0 ABSENT AND NOT VOTING). HB 1330 was placed on the Eleventh order on the calendar.

(1) DESK (3) COMMITTEE Page 1 h_stcomrep_27_ 015 2017 SENATE GOVERNMENT AND VETERANS AFFAIRS

HB 1330 2017 SENATE STANDING COMMITTEE MINUTES

Government and Veterans Affairs Committee Sheyenne River Room, State Capitol

HB 1330 3/9/2017 Job Number 28964

D Subcommittee D Conference Committee

Committee Clerk Signature

Explanation or reason for introduction of bill/resoluf

A BILL for an Act to amend and reenact section 54-35-01 of the North Dakota Century Code, relating to the membership of the legislative management; and to declare an emergency.

Minutes: Attachments: 1-2

Chairman Poolman: Opened the hearing on HB 1330.

Representative Schatz, District 36: See Attachment #1 for testimony as sponsor and in support of the bill. See Attachment #2 for additional information provided to the committee.

(2:55) Senator Bekkedahl: What you are doing with the bill is allowing less representation for the majority and more for the minority compared to what we currently have elected, correct?

Representative Schatz: Yes, with what is currently elected, there would be a larger percentage of the minority.

Senator Bekkedahl: In HB 1330, does it set a floor for the minority in successive sessions going forward so that it never goes below that number?

Representative Schatz: Yes, this would be the new floor and it would be done proportionately. Every time you have a big switch in the electorate, then you would probably have to put up a new bill. The issue being is that if you went truly based on proportional, it would only be 3 from the minority out of the two houses. This gives them a 4th , and so you get one from the general population in both the house and senate. Which makes it a little easier because who would we take, one senator or one house member as that 3rd member if we went truly proportional. This way it is the minorities and one member.

Vice Chairman Davison: So, there is not a formula now, and it just spells it out. It really is not a formula, and there are no calculations. It doesn't change, and a formula to me would change based on something. Senate Government and Veterans Affairs Committee HB 1330 03/09/2017 Page 2

Representative Schatz: Currently the formula allows for 2 minority from the Senate and 2 from the House. This new formula would allow 1 from the Senate and 1 from the House.

Vice Chairman Davison: You are talking a formula, and in a formula there are variables. If you change the variables, it changes the numbers. But, currently, it is just spelled out and it is the same way every biennium. Am I reading that correctly? The numbers don't change in current law, but with the formula that is proposed, the numbers could change depending on who is elected.

Representative Schatz: That is correct.

Vice Chairman Davison: It looks like a solution looking for a problem. What are we trying to solve here?

Representative Schatz: The issue is that every time you have an election and you elect the majority and the minority. The current situation has 64% majority and 36% minority (referring to attachment #1), and that does not merely represent what it currently is as far as the percentages go. Rather than going strictly proportional, which I am not doing here, I am changing the numbers from 2 in the Senate and 2 in the House to 1 in each chamber for the minority. If those numbers ever get back up to 64% majority and 34%minority, then I am assuming that we would go back to those numbers but it would take another bill. I would gladly support a bill like that.

Vice Chairman Davison: In essence, what we are voting on here is with the new formula, we don't feel like 64% for either party is enough of a majority in legislative management if there is a bigger proportional difference in what those majorities are in the House or the Senate.

Representative Schatz: Can you restate that?

Vice Chairman Davison: I am good. I understand it now.

Chairman Poolman: I think I need clarification. You said this would be the new floor with the two elected minority leaders and then on the bill it says "notwithstanding this allocation, if the number of members in the minority political party in the senate would not result in any representation on the legislative management, the minority leader in the senate must represent that party on legislative management", so the floor would actually not be 4 people, it would be 2.

Representative Schatz: I stand corrected; you are very much right.

Chairman Poolman: There was no further testimony present. Closed the hearing on HB 1330. 2017 SENATE STANDING COMMITTEE MINUTES

Government and Veterans Affairs Committee Sheyenne River Room, State Capitol

HB 1330 3/23/2017 Job Number 29599

0 Subcommittee 0 Conference Committee

Committee Clerk Signature

Explanation or reason for introduction of bill/resolution.

A BILL for an Act to amend and reenact section 54-35-01 of the North Dakota Century Code, relating to the membership of the legislative management; and to declare an emergency.

Minutes: Attachments: 1

Chairman Poolman: Opened HB 1330 for committee discussion. See Attachment #1 for amendment proposed to the committee. I was concerned, depending on the formula, that they could be down to only one person. I talked with Senator Holmberg, who chairs legislative management, and he prepared an amendment for us to find some compromise here. It would make it more proportional, but it would be setting a floor of two minority members. You really do need someone to second your motion. It does not do anything with the formula that they have set up here.

(2:05) Senator Bekkedahl: I agree with the amendment. It protects anyone that is in the minority. We have to look beyond the current situation that we have here for all of us.

Senator Bekkedahl: Moved Amendment 17.0829.01001.

Senator Meyer: Seconded.

A Roll Call Vote Was Taken: 6 yeas, 0 nays, 0 absent.

Motion Carried.

Senator Bekkedahl: Moved a Do Pass As Amended.

Senator Vedaa: Seconded.

Chairman Poolman: Any discussion?

Vice Chairman Davison: In reviewing the bill, I will vote against the bill. I just don't think it is solving a problem. I think the testimony was that if things change and the numbers get Senate Government and Veterans Affairs Committee HB 1330 03/23/2017 Page 2 different or skewed, it could be changed next session. I don't think there is enough evidence that anything is wrong in the current system.

Senator Meyer: I kind of wonder if there is anything wrong. I think it is a solution looking for a problem. I wonder why we do not have any Senate co-sponsors.

Vice Chairman Davison: Did you feel like Senator Holmberg was favorable to this bill? Or was he trying to make it more palatable if it did pass?

Chairman Poolman: In my conversation with him, he did not seem to care one way or the other but he did believe there needed to be a floor of at least two people.

Vice Chairman Davison: That indicates to me that there really isn't a problem. I am not going to vote for the bill.

Chairman Poolman: You make good points. That was my initial thought as well. That we were looking for a solution to maybe a problem that did not exist.

A Roll Call Vote Was Taken: 3 yeas, 3 nays, 0 absent.

Motion Failed.

Senator Meyer: Moved a Do Not Pass As Amended.

Vice Chairman Davison: Seconded.

Chairman Poolman: Any discussion?

Senator Bekkedahl: I do not pretend to know the inner workings of the other chamber but I think it is important that they at least felt in their minds that there is an issue that should be dealt with long term and I think this is the attempt. I still support the do pass and vote against the do not pass based on that. I appreciate you extending the olive branch with the amendment.

A Roll Call Vote Was Taken: 3 yeas, 3 nays, 0 absent.

Motion Failed.

Vice Chairman Davison: Moved a Do Pass As Amended.

Senator Bekkedahl: Seconded.

A Roll Call Vote Was Taken: 4 yeas, 2 nays, 0 absent.

Motion Carried.

Senator Bekkedahl will carry the bill. 17.0829.01001 Prepared by the Legislative Council staff for Title.02000 Senator Poelman March 22, 2017

PROPOSED AMENDMENTS TO HOUSE BILL NO. 1330

Page 1, line 24, remove "if' Page 2, line 1, remove "the number of members in" Page 2, remove line 2 Page 2, line 3, replace "leader in the house must represent that party" with "must be represented by at least two members" Page 2, line 16, remove "if the" Page 2, line 17, remove "number of members in" Page 2, line 17, remove "would not result in any" Page 2, remove line 18 Page 2, line 19, replace "represent that party" with "must be represented by at least two members" Renumber accordingly

Page No. 1 17.0829.01001 Date: Roll Call Vote#:

2017 SENATE STANDING COMMITTEE ROLL CALL VOTES BILL/RESOLUTION NO. \~~

Senate Government and Veterans Affairs Committee

D Subcommittee

Amendment LC# or Description: _ __,_\ _7-4-,,_Q-=-ft__._._,,a""""--9...... _,;.;...... :b=--+\ ...... a) _....,..,__\'------

Recommendation: "1. Adopt Amendment 0 Do Pass D Do Not Pass 0 Without Committee Recommendation 0 As Amended D Rerefer to Appropriations 0 Place on Consent Calendar Other Actions: 0 Reconsider D

Motion Made By ~kL •~ Seconded By ~ Ac---:

Senators Yes No Senators Yes No ··- Chairman Poelman V""' Senator Marcellais / Vice Chairman Davison / - Senator Bekkedahl \ / •• Senator Mever ,/ Senator Vedaa -/

Total (Yes) __:le=------NoO=------Absent 0 Floor Assignment

If the vote is on an amendment, briefly indicate intent: Date: 3 /~3 Roll Call Vote #: d- 2017 SENATE STANDING COMMITTEE ROLL CALL VOTES BILL/RESOLUTION NO. ~ 3 30

Senate Government and Veterans Affairs Committee

D Subcommittee Amendment LC# or Description: ------Recommendation: O Adopt Amendment ~ o Pass O Do Not Pass D Without Committee Recommendation ~ sAmended 0 Rerefer to Appropriations 0 Place on Consent Calendar Other Actions: 0 Reconsider D

Motion Made By ~ Seconded By

Senators Yes No Senators Yes No Chairman Poolman / Senator Marcellais ,/ -- ~ . Vice Chairman Davison ./. Senator Bekkedahl / Senator Mever ,/ Senator Vedaa /

r-_ ',,....,_ - ...... ~...... , ' JJ -·\.) ,.,Al '1 ' • \,.I,.)---- . - -- \ '\ l'-J

Total (Yes) -=3.-,______No _3______Absent D

Floor Assignment

If the vote is on an amendment, briefly indicate intent: • Date: 3~3 Roll Call Vote #: 3 2017 SENATE STANDING COMMITTEE ROLL CALL VOTES ~,."' BILL/RESOLUTION NO. \ :) .J.._,J

Senate Government and Veterans Affairs Committee

D Subcommittee Amendment LC# or Description: ------Recommendation: D Adopt Amendment D Do Pass ~ o Not Pass D Without Committee Recommendation ~ Amended D Rerefer to Appropriations D Place on Consent Calendar Other Actions: 0 Reconsider D

Motion Made By ~ Seconded By

Senators Yes No Senators Yes No Chairman Poelman ,/ Senator Marcellais / -- V Vice Chairman Davison ,7 Senator Bekkedahl ,/ Senator Mever ,/ Senator Vedaa ,/

I - " \ \ N'v-->C)~,. ~ I\ '-- Ur.. I I.. \) o c\ J \\

Total (Yes) _,3'------No_'::)_-______Absent ------D Floor Assignment

If the vote is on an amendment, briefly indicate intent: Date: Roll Call Vote #:

2017 SENATE STANDING COMMITTEE ROLL CALL VOTES BILL/RESOLUTION NO. l ~ 30

Senate Government and Veterans Affairs Committee

D Subcommittee Amendment LC# or Description: ------Recommendation: O Adopt Amendment __RPo Pass D Do Not Pass D Without Committee Recommendation ~ sAmended D Rerefer to Appropriations D Place on Consent Calendar Other Actions: 0 Reconsider D

Motion Made By3'.)Cb.b.:) ~ 6cf'c---J Seconded By

Senators Yes No Senators Yes No -- Chairman Poelman ,/ Senator Marcellais ,/ Vice Chairman Davison ,/ Senator Bekkedahl ,/ Senator Meyer ,/ Senator Vedaa ,/

Total (Yes) 4 No ) Absent

Floor Assignment

If the vote is on an amendment, briefly indicate intent: Com Standing Committee Report Module ID: s_stcomrep_54_001 March 24, 2017 8:07AM Carrier: Bekkedahl Insert LC: 17.0829.01001 Title: 02000

REPORT OF STANDING COMMITTEE HB 1330: Government and Veterans Affairs Committee (Sen. Poolman, Chairman) recommends AMENDMENTS AS FOLLOWS and when so amended, recommends DO PASS (4 YEAS, 2 NAYS, 0 ABSENT AND NOT VOTING). HB 1330 was placed on the Sixth order on the calendar.

Page 1, line 24, remove "if'

Page 2, line 1, remove "the number of members in"

Page 2, remove line 2

Page 2, line 3, replace "leader in the house must represent that party" with "must be represented by at least two members"

Page 2, line 16, remove "if the"

Page 2, line 17, remove "number of members in"

Page 2, line 17, remove "would not result in any"

Page 2, remove line 18

Page 2, line 19, replace "represent that party" with "must be represented by at least two members"

Renumber accordingly

(1) DESK (3) COMMITTEE Page 1 s_stcomrep_54_001 2017 TESTIMONY

HB 1330 ------~-~ ~

-f}t{C<.J, IM-e,,J- I If~ Ts 30 HB 1330 o---)-(/

Legislative Management Proportional

94 house members divided by 6 members on Leg. Man. Equals 15.67 members of a party in order to get a seat. House Democrats 13, party chooses one.

47 senate members divided by 6 members on Leg. Man. Equals 7.83 members of a party in order to get a seat, rounded off to the nearest number. Senate • Democrats 9, party chooses one. lt'6 t 33o

HB 1330

Chairman Poelman and members of the Senate Government and Veterans Affairs committee. For the record, my name is Rep. Mike Schatz, Dist. 36 of New England. HB 1330 would make the membership of Legislative Management proportional to the number of Democrats and Republicans elected to the House and Senate chambers. Currently

17 - members of Legislative Management

3 - Speaker and Majority Leaders - Republicans

2 - Minority Leaders - Democrats

8 - Elected Majority members - Republicans

4 - Elected Minority members - Democrats

11 Republicans 64%; 6 Democrats 36%

119 Republicans 84%; 22 Democrats 16% current seats

HB 1330

17 - members of Legislative Management

3 - Speaker and Majority Leaders - Republicans

2 - Minority Leaders - Democrats

10 - Elected Majority members - Republicans

2 - Elected Minority members - Democrats

13 Republicans 76%; 4 Democrats 24% • Legislative Management Current:

Seventeen members.

Majority and minority leaders, speaker of the House, and six other members from each house - four appointed by majority leader and two appointed by minority leader.

• House majority party has six members • House minority party has three members • Senate majority party has five members • Senate minority party has three members

House Bill No. 1330:

Majority and minority leaders, speaker of the House, and six other members from each house appointed by the majority and minority leaders.

• Using the formula and the current representation in the House, the majority leader would appoint five of the six members and the minority leader would appoint the other member - the result would be a total of seven members from the majority party and two members from the minority party. • • Using the formula and the current representation in the Senate, the majority leader would appoint five members and the minority leader would appoint the other member - the result would be a total of six members from the majority party and two members from the minority party.

Comparison using current representation:

Current law

• House majority party - six • Senate majority party - five • House minority party - three • Senate minority party - three

House Bill No. 1330:

• House majority party - seven • Senate majority party - six • House minority party - two • • Senate minority party - two 17.0829.01001 Prepared by the Legislative Council staff for Title. Senator Poelman March 22, 2017 • PROPOSED AMENDMENTS TO HOUSE BILL NO. 1330 Page 1, line 24, remove "i!" Page 2, line 1, remove "the number of members in" Page 2, remove line 2 Page 2, line 3, replace "leader in the house must represent that party" with "must be represented by at least two members" Page 2, line 16, remove "if the" Page 2, line 17, remove "number of members in" Page 2, line 17, remove "would not result in any" Page 2, remove line 18 Page 2, line 19, replace "represent that party" with "must be represented by at least two members" Renumber accordingly •

• Page No. 1 17.0829.01001