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Opinion raises questions about the power in the Legislature's Budget Section

ND Attorney General's office

An Attorney General’s opinion again raises questions about the Legislature designating too much power to the Budget Section.

The opinion dealt with 9 vetoes issued by Gov. Doug Burgum. In five of the cases, Attorney General Wayne Stenehjem held that the vetoes were perfectly permissible. Stenehjem said in two cases, the vetoes were not permissible.       

"The Governor has the authority, of course, to veto items within an appropriation," Stenehjem said. "But if there are conditions or restrictions on those appropriations, he can't veto just the restrictions without vetoing the appropriation itself. In two instances, he vetoed conditions but not the appropriations."

Stenehjem said in the other two cases, Burgum vetoed restrictions – but the restrictions themselves were violations of the Constitution.

"They gave to the Budget Section of the Legislature authority to make a determination of whether a law took effect, or whether an appropriation could be expended. That's not appropriate either."

Stenehjem said under the Constitution, the full Legislature is the body that enacts laws and appropriates money.

"For the Legislature to decide that a subgroup meeting later can decide whether a law take effect or not is itself a violation of the Constitution," Stenehjem said.

The vetoes in question concerned language in the water appropriations bill – and in the land board budget bill. Stenehjem said previous opinions have questioned whether or not the Legislature’s Budget Section is given too much authority.

The Legislative Management Committee will meet Wednesday to decide whether to call a special session to override Burgum’s vetoes.

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