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Burgum calls special session to fix budget

By Doug Barrett Oct 17, 2023 | 10:39 AM

North Dakota lawmakers will head back to Bismarck next Monday to address the budget bill recently voided as unconstitutional by the North Dakota Supreme Court.

Governor Doug Burgum issued an executive order today (Tuesday) convening the special session with a goal of avoiding a November 1st interruption in state government services. The order sets the scope of the special session as addressing the OMB budget bill and making strategic investments in areas such as tax relief and infrastructure.

The state’s high court invalidated SB 2015 which was used as a catchall or cleanup bill. The justices ruled it “unconstitutionally enacted and void” because it goes against a provision limiting bills to just one subject.

The Legislature could have called itself back into session using the five days remaining from its 80-day limit every two years for session. Burgum’s office said legislative leaders asked him to convene a special session, noting that “all legislation enacted during a special session called by the governor becomes effective on the date specified in the act.” Otherwise, any bill passed in a reconvened session would not take effect for 90 days unless two-thirds of the Legislature approves an emergency clause to give the bill immediate effect when signed by the governor.

Funding in the voided bill totals some $322 million for the state’s 2023-25 budget cycle.

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