(The Center Square) – North Dakota lawmakers will return to Bismarck on Monday to reconsider the budget bill struck down by the state’s supreme court to avoid a disruption in state services on Nov. 1.
Senate Bill 2015 originally only included items regarding state spending and the Office of Management and Budget. Lawmakers later added a provision that increased the number of lawmakers on the Board of Trustees of the North Dakota Public Employees Retirement System from two to four.
The retirement board filed a lawsuit saying the state’s constitution prohibited legislators from sitting on it because it violates the separation of powers and the state’s single-subject rule for legislation. The North Dakota Supreme Court sided with the retirement board and struck the bill last month. The court made its decision effectively immediately last week.
“Since the Supreme Court first ruled the OMB bill invalid, we have been collaborating with House and Senate leaders to navigate the complexities of calling the Legislature back for a special session, and we are grateful for their leadership and the work by Legislative Council,” Burgum said in a statement on Tuesday. “By calling the Legislature back into session, we can enact the OMB budget and other provisions of the bill before Nov. 1, continue delivering services to citizens without interruption and make strategic investments in areas such as tax relief and infrastructure that strengthen North Dakota’s economic future.”
The Legislative Management Commission met Tuesday morning to review the bills, which do not include anything that wasn’t in the original appropriations bill approved by lawmakers.
But concerns were raised by Senate Majority Leader David Hogue, R-Minot, about the costs involved with a special session, which are not included in the state’s budget. The price tag for a special session is around $65,000 a day.
“Additional funding for this would probably be important to include in the legislative portion of the bill, said John Bjornson, director of the Legislative Council.
Lawmakers discussed using funds appropriated from the 2025 legislative session, but that would mean reducing the number of days for the session.
