N.D. governor to call special session

BISMARCK, N.D. — North Dakota Gov. Doug Burgum called a special session Tuesday of the Republican-controlled Legislature to address a major budget bill struck down by the state Supreme Court last month, leaving a giant hole in state government operations that lawmakers are rushing to fill.

The session will convene Oct. 23. Burgum’s executive order for the session comes after the court ruled last week that it won’t delay its Sept. 28 decision that invalidated the funding bill for the state Office of Management and Budget.

The bill, usually the last one passed in the biennial session, is traditionally used as a catchall or cleanup bill. The court said the bill is unconstitutional because it violates the state Constitution’s single-subject requirement for bills.

Republican Senate Majority Leader David Hogue has said the Legislature would convene for a three- to fiveday session. Burgum’s order says the Legislature “should complete” its business by Oct. 27.

A top panel of lawmakers met Tuesday to discuss plans for the session, including a list of 14 bill drafts to resurrect the voided bill’s provisions and whether to allow new legislation to be introduced. The panel set a Thursday deadline for lawmakers to submit proposals for bills.

Burgum has directed state agencies not to retrieve already spent or transferred money from the voided bill and to refrain from actions requiring expenditures from the bill.

The 14 bill drafts cover myriad items including transfers from state government funds, K-12 education funding provisions, 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.

Numerous state agencies had items in the voided bill, such as a $100 million line of credit for water project loans and $2 million for a newly established state immigration office.

Burgum in a statement said he expects the situation can be fixed before Nov. 1.

The bill contained about $322 million in 2023-25 budget items.

The Legislature did not budget for the upcoming special session, but could add money for it or use money budgeted for the 2025 regular session. A five-day November 2021 special session cost about $65,000 a day. The regular session cos ts about $80,000 a day.