BISMARCK, N.D. (AP) - Gov. Doug Burgum vetoed a bill Thursday that would allow the Legislature to meet and act on legislation shortly before a session starts in January.
Burgum, a Republican, explained that that he thinks the bill is an attempt to circumvent the state constitution and “could have serious consequences” if it became law, including by allowing outgoing governors to sign legislation before new ones have the chance to consider it.
The bill received broad support in both Republican-led legislative chambers, with a 57-36 vote in the House and a 41-6 vote in the Senate. But it wasn’t clear if it could get the two-thirds majority needed to override the veto, including at least 62 votes in the House. The leaders of both chambers, House Majority Leader Chet Pollert and Senate Majority Leader Rich Wardner, voted against it and said they would urge colleagues to sustain the veto, which was Burgum’s first of the session.
“It does not make sense,” Wardner said of the bill. “We would be in session anyway in a few weeks and could take up any legislation then.”
The legislation was inspired by a spate of executive orders Burgum issued, mostly in response to the coronavirus pandemic. Some lawmakers wanted an earlier opportunity to limit emergency or disaster declarations and allow the Legislature more oversight of the executive branch.
North Dakota is one of four states where the Legislature still meets every other year. The others are in Montana, Nevada, and Texas.
Before convening in Januarys of odd-numbered years, the Legislature holds a three-day organizational session in December to sort out committee assignments, hold briefings on legislative procedures and take care of other administrative matters.
Burgum wrote in his veto explanation that introducing legislation or resolutions during organizational sessions would go beyond their intended scope.
“The existing process for convening a new legislative assembly as outlined in the North Dakota Constitution has served this state and its citizens well for decades and should remain intact,” he wrote. “Legislation worth considering in December should still be worth considering in January.”
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