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54-07-01.2 Governor to have power to appoint majority of members of certain boards and commissions - Limitations

Date of Meeting: June 28, 2016
54-07-01.2. Governor to have power to appoint majority of members of certain boards
and commissions - Limitations.
 
1. Notwithstanding sections 2-05-01, 4.1-05-02, 4.1-26-02, 6-01-03, 6-09-02.1,
12-55.1-02, 12-59-01, 15-39.1-05.1, 15.1-01-01, 15.1-13-02, 20.1-02-23, 23-01-02,
23-25-02, 36-01-01, 37-18.1-01, 50-06-05.6, 50-06.1-16, 54-34.3-10, 54-54-02,
55-01-01, 61-02-04, and 61-28-03, all members of the following boards and
commissions must, subject to the limitations of this section, be considered to have
resigned from such boards and commissions effective January first of the first year of
each four-year term of the governor:
a. The aeronautics commission.
b. The milk marketing board.
c. The dairy promotion commission.
d. The state banking board.
e. The state credit union board.
f. The advisory board of directors to the Bank of North Dakota.
g. The pardon advisory board.
h. The state parole board.
i. The state board of public school education.
j. The education standards and practices board.
k. The board of trustees of the teachers' fund for retirement.
l. The state game and fish advisory board.
m. The health council.
n. The air pollution control advisory council.
o. The board of animal health.
p. The administrative committee on veterans' affairs.
q. The committee on aging.
r. The committee on employment of people with disabilities.
s. The commission on the status of women.
t. The North Dakota council on the arts.
u. The state historical board.
v. The state water commission.
w. The state water pollution control board.
 
2. The governor shall have the option of reappointing any member to any board or
commission to complete the term to which the member was appointed, or the governor
may appoint a simple majority of any board or commission to complete the terms of
those resigned members who do not receive reappointments. In order to assure
continuity, the governor shall reappoint for the completion of their original terms no
fewer than one less than a simple majority of the former members of each board or
commission.
 
3. If the governor has not acknowledged in writing the resignation of any members of any
board or commission prior to July first of the first year of the governor's term, the board
or commission member must be considered to have been reappointed to complete the
term to which the member was originally appointed. All members of boards and
commissions shall continue to serve until the time they are notified of the acceptance
of their resignation by the governor, and in all cases the members of boards and
commissions shall continue to serve until their successors have been named and
qualified.
 
4. In those instances where nominations for the filling of vacancies on boards and
commissions are submitted to the governor pursuant to state law, the governor shall
notify such persons and organizations of acceptance of the resignation of any board or
commission member. Such persons and organizations shall furnish the governor with
the number of required nominations to fill the vacancies within sixty days after the
notice or the governor may nominate and appoint such members as are otherwise
qualified.
 
5. The provisions of this section do not apply to those constitutional officers who serve on
boards and commissions, except insofar as a governor may count such constitutional
officers among those the governor reappoints in order to conform to the continuity
requirements of this section.
 
6. All vacancies created by resignation after July first of the first year of each term of a
governor must be filled as provided by law. If any person refuses an appointment, the
governor shall fill such position as otherwise provided by law.