BISMARCK, N.D. (NewsDakota.com/KFGO) – A ruling by the North Dakota Supreme Court Thursday morning has invalidated and voided a key funding bill passed by the state legislature at the end of the last session. Senate Bill 2015, which funds the state’s Office of Management and Budget, was challenged by the Public Employees Retirement System board.
Gov. Doug Burgum issued a statement following the state’s high court’s opinion.
“As acknowledged by the Supreme Court, this decision has far-reaching consequences that will require a special session of the Legislative Assembly to enact the nearly 70 sections of the OMB bill that have now been voided,” Burgum said. “We’re arranging meetings with legislative leaders today to determine the best course of action for the Legislature to address the business at hand in the most efficient and effective manner possible.”
The PERS Board sued the legislature after an amendment was added to SB 2015 which would allow for legislators to serve on the board.
In the unanimous ruling, the state supreme court says, “under North Dakota Constitution Article IV, § 13, ‘[n]o bill may embrace more than one subject, which must be expressed in its title.’ When a bill embraces multiple subjects, all of which are expressed in its title, the whole bill is void due to the manifest impossibility of choosing which parts of the bill are valid and which are void. A court’s attempt to choose between the provisions would improperly inject it into the Legislature’s domain.”
Attorney General Drew Wrigley says his office is seeking clarification from the court about when its judgement will be officially entered. He says it appears the court instituted a stay the judgement 30 days, which would give the legislature until October 28 to go into special session and address the issues in the bill that violate the court’s interpretation.
Wrigley says his office is also working with legislative leaders to determine whether a special session could be convened in that 30 day timeframe or if his office would need to request additional time from the court.