BISMARCK, N.D. (AP) — North Dakota lawmakers are scheduled to be back in Bismarck on Monday to begin a special session to fix a budget mess after the state Supreme Court struck down a major funding bill last month.
WHAT CAUSED THE SPECIAL SESSION?
Last month, the North Dakota Supreme Court struck down a major budget bill as unconstitutional. The bill was mainly intended to fund the state Office of Management and Budget but has typically been used in the past as a catchall or cleanup bill passed at the end of the biennial legislative session.
By embracing too many different topics, the court ruled the measure violated the state constitution’s single-subject requirement for bills.
The surprising decision came as a result of a lawsuit brought by the board overseeing the state’s government retirement plans. The board targeted a change in the bill that increased the number of lawmakers serving on the panel from two to four and argued it is unconstitutional for legislators to sit on the panel.
Burgum called the special session days after the court refused to delay its decision to give extra time requested by the Legislature to deal with the situation.
HOW DO LAWMAKERS FIX THIS?
The court’s ruling blew a giant hole in state government operations, requiring lawmakers to return to Bismarck to essentially resurrect the voided legislation with 14 bill drafts advanced Friday by a top legislative panel.
Burgum has expressed confidence in the Legislature righting the situation by Nov. 1, the next payroll date for state employees. The Office of Management and Budget cannot pay employees until a budget is passed, Gov. Burgum spokesperson Mike Nowatzki said.
Legal questions also remain about whether certain salary raises could continue to be applied across the state government, Nowatzki said.
The voided bill also included transfers from state government funds, K-12 education aid, a special criminal penalty for supplying drugs resulting in overdose deaths and injuries and details for transitioning the state’s public employee pension plan to a 401(k)-style plan for new hires.
Burgum’s executive order for the special session says the Legislature should complete its business by Friday.
