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From: Ness, Claire J. <claireness@nd.

gov>
Date: Wed, Nov 29, 2017 at 1:44 PM
Subject: Proposals for Tomorrow
To: -Grp-NDLA Interim Initiated & Referred Measures Study Commission <ndlaintmeasuresstudy@nd.gov>

Good afternoon, Commission members,

We received a few proposals for tomorrows discussion, and I have listed them below. I also included a few items that have been
news recently for your discussion if you choose. (The Maine and Montana issues are analyzed in more detail in my previous em
South Dakota proposal is attached above.) Additionally, a sponsoring committee recently submitted the attached recreational ma
measure to the Secretary of State. The Secretary and the Attorney General have five to seven business days to draft a petition t
approve the petition for style and form before it may be circulated. If you have any questions about these items, please let me kn
please do not reply all to this message due to open meetings laws.

Here are the proposals and potential discussion items:

1. Similar to Maine, require that unfunded mandates that are approved by the voters are not effective until the Legislative As
has an opportunity to appropriate funds for them. The Constitution of Maine says: "Any measure referred to the people an
approved by a majority of the votes given thereon shall, unless a later date is specified in said measure, take effect and b
law in 30 days after the Governor has made public proclamation of the result of the vote on said measure, which the Gov
do within 10 days after the vote thereon has been canvassed and determined; provided, however, that any such measure
entails expenditure in an amount in excess of available and unappropriated state funds shall remain inoperative until 45 d
the next convening of the Legislature in regular session, unless the measure provides for raising new revenues adequate
operation. The veto power of the Governor shall not extend to any measure approved by vote of the people...

2. Similar to Montana, add a "separate vote" provision that requires a separate vote on each proposed constitutional amend

3. Require the Code Revisor to provide a binding review of the measure language before the measure is approved for petiti
circulation.

4. Require each sponsoring committee to provide a plan to pay for any costs incurred by a measure if it passes and to inclu
plan in the petition.

5. Require legislative approval and the governors signature for constitutional amendments that spend more than a specified
funds. For example, amend Article 3, Section 9 of the constitution as follows: A constitutional amendment may be propos
initiative petition, but any constitutional amendment that provides for spending of public funds in a sum that is greater tha
percent of the state general fund revenue for the previous biennium must be approved by the legislative assembly and sig
governor for each succeeding biennium according to the law for enacting general appropriations. If signed by electors eq
number to four percent of the resident population of the state at the last federal decennial census, the petition may be sub
the secretary of state. All other provisions relating to initiative measures apply hereto.

6. Allow the Legislative Assembly to amend constitutional amendments that spend more than a specified amount of funds b
vote of each house. For example, amend Article 3, Section 9 of the constitution as follows: A constitutional amendment m
proposed by initiative petition. If signed by electors equal in number to four percent of the resident population of the state
federal decennial census, the petition may be submitted to the secretary of state. All other provisions relating to initiative
apply hereto, except the legislative assembly may amend the amount of funds appropriated in any constitutional amendm
provides for spending of public funds in a sum that is greater than one percent of the state general fund revenue for the p
biennium by a vote of at least two-thirds of the members of each house.

7. Similar to a petition in South Dakota, prohibit contributions to sponsoring committees and petition committees from nonre
out-of-state political committees.

Kind regards,
Claire

Claire J. Ness
Counsel