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SUMMARY OF GOVERNOR VETOES ANNOUNCED ON MAY 3, 2017
Bill No./Agency Vetoed Provisions
Senate Bill No. 2001 All of Section 7 was vetoed. The section establishes a legislative revenue The Governor's veto message argues it encroaches on executive branch
Legislative branch advisory committee. authority. The committee is a legislative branch committee that would
have the responsibility to monitor state revenues and make
recommendations regarding its constitutional duty to enact a state budget.
Senate Bill No. 2003 The following items were vetoed in Senate Bill No. 2003:
North Dakota University
Section 6 requiring University System capital projects to conform to
System
campus master plan and space utilization studies and requires a
maintenance reserve account for projects exceeding $5 million.
Three words in Section 18 relating to special funding provided to
Dickinson State University and requiring the institution to continue its
nursing program. The vetoed language removes "any portion of" from
the provision that the institution may not discontinue any portion of its
nursing program.
Subdivision b of subsection 3 of Section 24 continuing the
unexpended appropriation authority for the Theodore Roosevelt
Presidential Library project and providing for uses of the funds. The
language vetoed requires a North Dakota architect to be utilized for
the project.
The second sentence of Section 32 requiring the Parks and
Recreation Department to transfer the inventory of the Dakota Institute
to Bismarck State College. The language vetoed authorizes Bismarck
State College to transfer any inventory to its original author or
producer.
The last eight words of Section 39 providing legislative intent
regarding the North Dakota State University College of Nursing in
Bismarck. The vetoed language removes legislative intent that future
higher education funding formula allocations for the university be
adjusted for credits completed at the College of Nursing.
Senate Bill No. 2013 The following items were vetoed in Senate Bill No. 2013, relating to the
Department of Trust Department of Trust Lands and special transportation funding
Lands distributions to townships in non-oil-producing counties:
Section 4 providing an appropriation of $16.1 million from the strategic
investment and improvements fund ($8 million) and the state disaster
relief fund ($8.1 million) to the State Treasurer for special
transportation distributions to townships in non-oil-producing counties.
A sentence in Section 12 requiring the Department of Trust Lands to
receive Budget Section approval to spend $1.8 million on an
information technology project.
North Dakota Legislative Council
Prepared by the Legislative Council staff
Legislative Council Analysis
The Legislative Assembly has the constitutional responsibility to fund
institutions of higher education, and in doing so may set policies to
address future maintenance costs.
By vetoing a portion of a sentence, the Governor is arguably
legislating. Courts in a number of states have ruled item veto authority
may not be used to legislate and such actions are a violation of the
constitutional separation of powers provisions.
Although there appear to be no constitutional questions with respect
to this item veto, the veto message cites the wrong provision of the
bill.
The veto of a portion of a section arguably could be construed as
engaging in legislating, which is not the prerogative of the executive
branch.
The veto of a portion of a sentence changes the meaning of the
provision and is another example of the executive branch legislating,
which has been frowned upon by many courts in several states.
The veto message indicates the Governor objected to the process
involved in amending the bill. Although conference committee
meetings are not full hearings, the meetings are public meetings. As
a matter of constitutional separation of powers, the legislative process
is not within the sphere of authority of the Governor.
The veto removes a portion of a section which is a condition or
restriction relating to an appropriation. Many courts, including the
North Dakota Supreme Court have indicated an item veto that affects
a condition or restriction relating to an appropriation is not valid if the
related appropriation is not vetoed.
May 2017
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Bill No./Agency Vetoed Provisions
Section 20 providing legislative intent regarding the interpretation of
the gross value for the calculation of royalties.
Senate Bill No. 2016 The following items were vetoed in Senate Bill No. 2016:
Job Service North Dakota
Section 10 appropriating $25,000 to the Office of Management and
Budget for the purpose of contracting with a consultant to conduct a
study to determine the most cost-effective use of the Job Service
North Dakota Bismarck central office building.
Section 12 declaring Section 10 to be an emergency measure.
Senate Bill No. 2018 A phrase in Section 12 was vetoed stating of the $2,250,000 of funding
Department of Commerce appropriated to the Department of Commerce for the entrepreneurship
grants and voucher program, $300,000 must be distributed to an
organization that provides workplace safety.
Senate Bill No. 2119 Senate Bill No. 2119 was vetoed, which authorizes Job Service North
Job Service North Dakota Dakota to sell or lease certain property in Rolla, Minot, and Bismarck,
contingent on the results of a study to be performed by Job Service North
Dakota related to these properties, and requires Job Service North
Dakota to report its findings and recommendations to the Budget Section.
The bill also provides legislative intent that if the study reveals the sale of
the Job Service North Dakota properties in Minot and Bismarck is
feasible, the Office of Management and Budget request authorization and
any necessary funding from the 66th Legislative Assembly for the
conveyance of these properties for use by other state agencies.
House Bill No. 1015 Section 29 was vetoed. The section removes a delayed effective date of This veto raises no constitutional issues.
Office of Management January 1, 2018, for the provisions of House Bill No. 1300 which makes
and Budget the provisions effective August 1, 2017. House Bill No. 1300 requires the
Department of Trust Lands to follow the administrative rules process. As
a result of the veto, the delayed effective date of January 1, 2018, remains
in effect for the bill.
North Dakota Legislative Council 2 May 2017
Legislative Council Analysis
The veto message indicates the Governor believes the provision is an
encroachment on the constitutional authority of the Attorney General.
The provision is a matter of establishing policy, which is precisely the
role of the Legislative Assembly.
Although there appear to be no constitutional issues raised by the veto
of this section, it is the role of the Legislative Assembly to set policy to
be carried out by the executive branch.
By vetoing a portion of a sentence, the Governor is arguably
legislating. Courts in a number of states have ruled item veto authority
may not be used to legislate and such actions are a violation of the
constitutional separation of powers provisions. In addition, the veto
removes a portion of a section which is a condition or restriction
relating to an appropriation. Many courts, including the North Dakota
Supreme Court have indicated an item veto that affects a condition or
restriction relating to an appropriation is not valid if the related
appropriation is not vetoed. The veto message indicates the Governor
objected to the process involved in amending the bill. Although
conference committee meetings are not full hearings, the meetings
are public meetings. As a matter of constitutional separation of
powers, the legislative process is not within the sphere of authority of
the Governor. Although the Governor cites the vetoed portion of the
section as being inserted in conference committee, the remaining
allocations in that section also were included at the same time.
The veto message indicates the establishment of policy in the bill
interferes with the executive branch authority to administer state
business. Under the principles of separation of powers, the administration
of state business is to be done through the laws adopted by the legislative
branch. By setting the policies, with specific directives in the bill, the
Legislative Assembly is performing its constitutional duty to provide
guidance for the administration of state business.
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Bill No./Agency Vetoed Provisions
House Bill No. 1020 The following items were vetoed in House Bill No. 1020:
State Water Commission
A phrase in Section 5 requiring the State Water Commission to obtain
Budget Section approval to transfer funding between amounts
designated for water project types.
Section 27 requiring the State Water Commission to present its
2019-21 biennium agency budget request with separate line items for
salaries and wages, operating, capital assets, project carryover, and
new projects. The section also directs the State Water Commission to
present funding for projects in a manner consistent with the funding
designations identified in Section 5 of the bill.
House Bill No. 1023 Sections 6, 7, 8, 9, 10, 12, and 13 of House Bill No. 1023 were vetoed.
Public Employees The sections require the Public Employees Retirement System Board to
Retirement System bid the public employee health insurance plan under a self-insured
method in addition to a fully insured or hybrid plan. The sections also
establish a Public Employee Health Care Coverage Committee and
provide for duties of the committee.
North Dakota Legislative Council 3 May 2017
Legislative Council Analysis
By vetoing a portion of a sentence, the Governor is arguably
legislating. Courts in a number of states have ruled item veto authority
may not be used to legislate and such actions are a violation of the
constitutional separation of powers provisions. In addition, the veto
removes a portion of a section which is a condition or restriction
relating to an appropriation. Many courts, including the North Dakota
Supreme Court have indicated an item veto that affects a condition or
restriction relating to an appropriation is not valid if the related
appropriation is not vetoed.
The Legislative Assembly may prescribe the form and style of
legislative bills--bill introduction is a privilege granted to the executive
branch.
The veto of the creation of a legislative interim committee to study and
make recommendations regarding the terms of the retirement board's
request for proposals for hospital, medical, and prescription drug benefits
coverage infringes upon the authority of the legislative branch to perform
its constitutional policymaking responsibilities. The veto message states
"section 6 forces early termination of the existing health insurance
contract", which is not factually correct. North Dakota Century Code
Section 54-52.1-05 specifically states the initial term of the contract is
2 years. In addition, the contract terms clearly indicate the term of the
contract is 2 years with the option for renewal of the contract in 2-year
increments for up to 4 more years.