Attorney General Drew Wrigley has issued a formal opinion, upholding Governor Kelly Armstrong’s line-item veto of two sections of SB 2014.
SB 2014 is the budget for the state’s Industrial Commission.
Armstrong’s intent was to veto Section 7 of the measure, that would have directed $150,000 to a Native American organization to fund a Native homelessness liaison position, and Section 31, which allocated $250,000 from the Bank of North Dakota for a study focusing on the economies of communities in western North Dakota, as oil and gas development slow down.
Armstrong said as much in his veto message. But one unrelated section of the bill had an “X” drawn through it, putting that line item veto in doubt. And the legislature could have been called back into special session to deal with it. Wrigley was asked for a formal opinion on it.
In a Capitol news conference, Wrigley said his opinion is based on his reading of Article Five, Section Nine of the state Constitution. He said Armstrong’s veto message was clear about the sections he wanted to veto, and the reasons for doing that.
"The Governor's description of his objections to Senate Bill 2014 were detailed," Wrigley told reporters. "They were unambiguous."
Wrigley said Armstrong sent along a copy of the bill, with a description of his objections.
"And with the copy of SB 2014, the veto was complete, it was clear,. and it was constitutionally issued," Wrigley said.
An Attorney General’s Opinion has the weight of law, until challenged. The Legislative Council had earlier said the easiest way to make those corrections would be to call lawmakers back to Bismarck.
In a statement, Armstrong said the $35 million in housing funds in that bill will move forward. That was the section that was inadvertently X-ed out.
