N.D. Cent. Code § 1-02-09

1-02-09. Irreconcilable statutes or constitutional amendments passed during the

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.