Latest news with #SenateBill2014
Yahoo
11-06-2025
- Politics
- Yahoo
North Dakota governor's veto ‘clear and unambiguous,' attorney general says
Attorney General Drew Wrigley and Chief Deputy Attorney General Claire Ness talk to reporters June 11, 2025, about an opinion related to Gov. Kelly Armstrong's veto. (Mary Steurer/North Dakota Monitor) North Dakota's attorney general said Wednesday Gov. Kelly Armstrong's veto was 'sound,' dismissing a differing conclusion by legislative staff that his intent was unclear and the Legislature should hold a special session to fix the error. The opinion by Attorney General Drew Wrigley means $35 million for housing programs Armstrong's office unintentionally crossed out in a May line-item veto can move forward unless the matter is challenged in court or the Legislature reconvenes. Armstrong's veto message for the Industrial Commission budget described cutting $150,000 set aside for a Native American-focused organization to fund a homelessness liaison position. But a markup of the bill also crossed out a $35 million appropriation for affordable housing and homelessness — funding Armstrong had intended to leave intact. His office later said there had been a 'staff markup error.' 'Prudent remedy' for veto error is special session, Legislative Council advises Since then, the Legislature has been trying to figure out what actions, if any, must be taken to address the veto — including the possibility of calling a special session. Wrigley found that the unintentional markup does not change the substance of the veto because Armstrong's written veto message was 'clear and unambiguous' about what parts of Senate Bill 2014 he intended to cut. He said in a Wednesday press conference that a 'visual image' should not 'take precedence over the written orders, the detailed description offered by the one person with the power to veto.' Attorneys for North Dakota's legislative branch in a Friday memo took a very different position, advising the Legislature that calling a special session would be the 'prudent remedy' for the mistake. In its memo, Legislative Council said legal precedent suggests the marked-up bill is part of the official veto document. 'It would not be appropriate to allow the Governor and Attorney General to resolve the ambiguity by agreement,' the memo states. Doing so could have unintended consequences for how ambiguous vetoes are handled in the future, Legislative Council said. Wrigley called the Legislative Council memo a 'political document' and said the Attorney General's Office has the final say on the matter unless the issue is challenged in court. 'The power in question is strictly the governor's power and it has to be in compliance with the constitution and laws of North Dakota,' he told the North Dakota Monitor last week. 'That's the only assessment here. There's no role for this in Legislative Council. They have no authority in this regard.' Armstrong, whose office requested the opinion, in a statement agreed with Wrigley's findings. 'We appreciate the Attorney General's determination, which clarifies the matter, avoids the cost of a special session and nullifies the flawed interpretation that initially blew this up into something much bigger than it needed to be,' he said. A special session is estimated to cost $65,000 per day, Legislative Council has said. The Legislature could still decide to reconvene for a special session to override the veto if it chooses to, Wrigley said. Legislative Council Director John Bjornson said the office did not immediately have a statement on the opinion. This story was updated. SUPPORT: YOU MAKE OUR WORK POSSIBLE Attorney General Opinion
Yahoo
06-06-2025
- Business
- Yahoo
‘Prudent remedy' for veto error is special session, Legislative Council advises
Gov. Kelly Armstrong speaks during a meeting of the Senate Appropriations Committee on March 27, 2025. (Michael Achterling/North Dakota Monitor) Legal staff for North Dakota's legislative branch concluded the 'prudent remedy' to correct an error with Gov. Kelly Armstrong's line-item veto would be for the governor to call a special session, according to a memo issued Friday. But Attorney General Drew Wrigley, who is working on a separate opinion, maintains that Legislative Council has no role in determining the execution of the governor's veto. Armstrong announced May 22 a 'markup error' with a line-item veto that crossed out $35 million for a state housing development fund. The red X over the funding did not match what Armstrong indicated in his veto message that explained his reasoning. North Dakota governor unintentionally vetoes $35 million for housing programs A Legislative Council memo distributed to lawmakers Friday concluded that legal precedent supports the marked-up bill as the official veto document. 'Engaging in interpretive gymnastics' to disregard the markings on the bill could lead to unintended consequences in the future, Legislative Council concluded. Emily Thompson, legal division director for Legislative Council, said the Legislature needs to have an objective document to clearly illustrate what was vetoed, such as the specific veto markings on the bill, so lawmakers can exercise their veto override authority effectively. Lawmakers have six days remaining in their 80-day limit and could call themselves back into session to address the veto. However, the memo cautions that the Legislature may need those days to reconvene to respond to federal funding issues or other unforeseen reasons. Legislative Council recommends the governor call a special session, which would not count against the 80-day limit. A special session of the Legislature costs about $65,000 per day, according to Legislative Council. Armstrong is waiting for an attorney general's opinion to determine the next steps, according to a statement from his office. He previously said he would call a special session if necessary. Wrigley said Friday it's up to his office to assess the situation and issue an opinion on the governor's question. 'The power in question is strictly the governor's power and it has to be in compliance with the constitution and laws of North Dakota,' Wrigley said. 'That's the only assessment here. There's no role for this in Legislative Council. They have no authority in this regard.' Armstrong on May 19 issued two line-item vetoes in Senate Bill 2014, the budget for the state Industrial Commission. His veto message explained his reasons for objecting to a $150,000 one-time grant for a Native American-focused organization to fund a homelessness liaison position. But the marking also crossed out $25 million for housing projects and programs and $10 million to combat homelessness, which he later said he did not intend to veto. Chris Joseph, general counsel for Armstrong, wrote in a request for an attorney general's opinion that the markings served as a 'color-coded visual aid,' and the veto message should control the extent of the veto. Wrigley said his office is working on the opinion and aware that resolution of the issue is time sensitive. Bills passed by the Legislature with appropriations attached to them, such as the Industrial Commission budget, go into effect July 1. 'I look forward to publishing my opinion on that at the earliest possible time,' he said. The Legislative Council memo states, 'It would not be appropriate to allow the governor and attorney general to resolve the ambiguity by agreement.' In addition, Legislative Council concluded that if the governor's veto message is to be considered the controlling document for vetoes in the future, more ambiguities would likely be 'inevitable and frequent' and require resolution through the courts. The memo cites a 2018 North Dakota Supreme Court opinion involving a case between the Legislature and then-Gov. Doug Burgum that ruled 'a veto is complete and irrevocable upon return of the vetoed bill to the originating house,' and further stated the governor does not have the power to 'withdraw a veto.' 'Setting a precedent of the attorney general issuing a letter saying we can just go ahead and interpret the governor's veto message to mean what was, or was not, vetoed, that's a really concerning precedent to set,' Thompson said in an interview. Wrigley said any issues resulting from the opinion could be addressed by the courts. 'I sincerely hope that they (Legislative Council) are not trying to somehow publicly advocate, or attempt to influence a process for which they have no role,' Wrigley said. Legislative Council memo SUPPORT: YOU MAKE OUR WORK POSSIBLE SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
30-05-2025
- Business
- Yahoo
Special session of North Dakota Legislature unclear with legal research underway
North Dakota House lawmakers meet during the final hours of the session on May 3, 2025. (Kyle Martin/For the North Dakota Monitor) A special session of the North Dakota Legislature is still up in the air as the attorney general reviews options to fix an error with a line-item veto. Meanwhile, legislative leaders this week directed staff to do legal research on possible scenarios that would prompt the Legislature to come back into session, including a recent appeals court ruling that affects legislative districts. Gov. Kelly Armstrong's general counsel has asked for an attorney general's opinion on his line-item veto of Senate Bill 2014. Armstrong's veto message only indicated he objected to a $150,000 grant, but the message was accompanied by red lines crossing out a section of the bill that also included $35 million for the Housing Incentive Fund. North Dakota governor unintentionally vetoes $35 million for housing programs Attorney Chris Joseph wrote in his request for an opinion that the red marking 'merely serves as a color-coded visual aid.' He asked for an opinion on whether the governor's written veto message or the visual pen marks on the bill satisfy the constitutional requirements of a line-item veto. Mike Nowatzki, spokesman for the governor, said the opinion will determine the next steps. Armstrong previously said he would call lawmakers back for a special session if necessary to correct the mistake. Legislative Council estimates a special session would cost $65,000 per day. Senate Majority Leader David Hogue, R-Minot, said Wednesday during a meeting of Legislative Management that he asked Legislative Council staff to brief legislative leaders on scenarios that might prompt lawmakers to reconvene. One question Hogue raised is whether the Legislature has a duty to act in response to the 8th Circuit Court of Appeals ruling that overturned a 2023 district court ruling that found the state's 2021 redistricting plan unlawfully diluted the voting power of Native American voters. A federal judge had ordered the Legislature to change its district map, but if the appellate court's ruling stands, the state would revert back to the 2021 plan. The plaintiffs, which include the Spirit Lake Nation and Turtle Mountain Band of Chippewa, have asked for a rehearing before the full 8th Circuit. Hogue also asked staff to provide a legal briefing related to the governor's vetoes and whether that would prompt legislators to reconvene. Armstrong issued seven line-item vetoes on six bills after the session adjourned. Previously, Legislative Council Director John Bjornson said a special session was the only obvious legal remedy to fix the error with the veto, but he said this week his staff continue to research the issue. Other situations that might prompt the Legislature to reconvene are a significant drop in the price of oil that changes the state's budget outlook or federal funding cuts that have major impacts to state or local subdivisions, Hogue said. If lawmakers call themselves back into session, they have six remaining days of their 80-day limit. If Armstrong calls a special session, that would not affect the 80-day limit. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
NBC News
22-05-2025
- Politics
- NBC News
North Dakota governor vetoes the housing budget — by mistake
When North Dakota Gov. Kelly Armstrong took up an agency budget bill approved by the legislature, he vetoed a couple of line items. At least, that was his intention Monday. Instead, he accidentally vetoed $35 million for the state's housing budget. Now the state is figuring out how to deal with the unusual problem of a mistaken veto. 'I have no recollection of anything like this happening in the 37 years I've been here,' John Bjornson, legislative council director, said Thursday. 'So, yeah, I'd say it's a little extraordinary.' Armstrong wasn't the only governor to possibly flub a line-item veto this week. Late Wednesday, Nebraska Gov. Jim Pillen announced that he would be striking about $47 million in funding and cash transfers over the next two years from budget bills passed last week by the Nebraska Legislature. Those cuts included about $12 million over two years for the Nebraska Supreme Court. But on Thursday afternoon, the Speaker of the Legislature John Arch announced the body would be sending a letter to Pillen, a fellow Republican, informing him he had missed a 5-day deadline, which came at midnight Wednesday, to properly file the line-item vetoes and that the line items are now law. Pillen's office responded that it handled the veto properly and would consult with the state attorney general about next steps. In North Dakota, the governor's staff called his veto of the housing budget in Senate Bill 2014 a markup error. Armstrong's staff met with the legislative council Thursday morning to discuss options. 'This was an honest mistake, and we will fix it,' a statement from the governor's office read. Armstrong, a Republican who served three terms in Congress, was elected governor in 2024. The legislative session that adjourned earlier in the month was his first as governor. In a message accompanying the veto, Armstrong wrote he had intended to veto a $150,000 grant to fund a Native American homelessness liaison position. The budget veto would take effect July 1. What happens next is largely up to the governor, Bjornson said, but it is likely that the legislature will need to reconvene in Bismarck for a special session. The governor's office said it will call a special session if needed but hopes to 'avoid the expense.' If the legislature overrides the veto, that would include funding for the grant Armstrong had wanted to strike. If the legislature wants to only fund the $35 million housing budget, lawmakers may need to pass a new bill, which could take as long as three days, Bjornson said. The Legislature has six days available to use of its 80-day session limit, and a special session could open the opportunity to override other vetoes by the governor. The governor vetoed all or parts of four bills this session.
Yahoo
22-05-2025
- Business
- Yahoo
North Dakota governor unintentionally vetoes $35 million for housing programs
Gov. Kelly Armstrong chairs a North Dakota Industrial Commission meeting on May 22, 2025, at the North Dakota Capitol in Bismarck. (Mary Steurer/North Dakota Monitor) Gov. Kelly Armstrong announced Thursday that he accidentally vetoed part of a bill that set aside $35 million for a state housing development fund. Senate Bill 2014 is the budget for the North Dakota Industrial Commission. On Monday, Armstrong announced two line-item vetoes for the bill. His office said a 'staff markup error' led to the unintentional veto of $25 million for housing projects and programs and $10 million to combat homelessness. Staff from the governor's office met with Legislative Council Thursday to discuss options for correcting the error. 'If necessary, we will call the Legislature back to ensure the appropriate funding is delivered, but we hope to avoid the expense of a special session. This was an honest mistake, and we will fix it,' Armstrong said in a Thursday statement. North Dakota governor issues 7 line-item vetoes, including lawmaker 'immunity' provision According to his veto message, Armstrong had intended to veto a $150,000 one-time grant for a Native American-focused organization to fund a homelessness liaison position. The veto markup also crossed some surrounding language, axing the full $35 million appropriation in the section. During a Thursday meeting of the Industrial Commission, which Armstrong chairs, he emphasized his 'full-throated' endorsement of the Housing Incentive Fund, which supports the construction of affordable housing. 'We are talking to whoever, everybody we can — Legislative Council, lawmakers, everybody — to figure out if there is a legal way we can solve this without calling them back into a special session and costing taxpayer dollars,' Armstrong said. 'However, if that is the only alternative, that would be exactly what I will be doing.' Legislative Council staff will advise on options to fix the error, but it will be up to the governor and legislative leaders to decide how to proceed, said Legislative Council Director John Bjornson. At this point, a special session is the only obvious legal remedy, he said. 'I think we all want the easy solution, but sometimes the easy solution has consequences down the line that you need to consider,' Bjornson said. Legislators have six days remaining of the 80-day legislative limit. If the governor calls them back into session, it would not count against that limit. Bjornson estimated it would take about a half day for lawmakers to consider overriding the governor's veto. But there is no mechanism for lawmakers to consider overriding part of a veto, he said. Lawmakers could also consider a standalone bill that restores the $35 million in funding. But Legislative Council estimates it typically takes three days to pass a bill. A special session is estimated to cost $65,000 a day, Bjornson said. Senate Majority Leader David Hogue, R-Minot, said lawmakers are still looking into how to proceed. 'We're just going to do the research first and pick the best course of action,' Hogue said. Dave Flohr, executive director of the North Dakota Housing Finance Agency, said during the Industrial Commission meeting that once the state sorts out the issue with the funding, the agency plans to set aside $5 million for single-family home projects and $20 million for multi-family housing. This story was updated to add comments from Gov. Armstrong, David Hogue and Dave Flohr. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
