N.D. AG to Legislature: Budget power not absolute

N.D. AG to Legislature: Budget power not absolute

Although North Dakota lawmakers are responsible for the state's budget, they do not have free rein to order the governor how to compile his own suggestions on spending, Attorney General Wayne Stenehjem says.

"Certainly, the crafting of a budget is one of the more complex areas of state government," Stenehjem wrote in a legal opinion issued Thursday to state Rep. Al Carlson, R-Fargo, the House majority leader.

Spending bills submitted by the governor and executive branch agencies "are just recommendations, and the Legislature has the power to approve, disapprove, or amend these recommendations," Stenehjem wrote.

Carlson had asked Stenehjem to analyze the governor's budgeting authority under the state constitution. He requested the opinion May 11, on the same day Hoeven vetoed five sections of the Legislature's own budget bill.

The vetoed provisions set up 16-member legislative committee and gave it power to evaluate the governor's spending proposals before they were presented to the full Legislature.

They ordered state agencies to furnish information about their spending requests to the Legislative Council, which is the Legislature's research arm, at the same time they were given to the Office of Management and Budget. OMB is an executive-branch agency that compiles the governor's budget proposals.

Hoeven argued that the sections he vetoed represented legislative interference in his management authority. He said Thursday he was pleased with Stenehjem's conclusions.

"It supports what we've been saying, and the vetoes that we've made," Hoeven said. "Clearly, that legislation stepped beyond the proper balance of powers."

The North Dakota Constitution gives the governor power to draft budget bills for the Legislature to consider, Stenehjem's opinion says. It did not draw any conclusions about whether the vetoed proposals were proper.

"It is my opinion that the Legislature does not have free rein to encroach upon the governor's constitutional power to present recommended legislation," Stenehjem's opinion says. "On the other hand, I do not believe that any hard and fast rule can be formulated which establishes that the governor's constitutional budget authority is totally exclusive, and that any legislative involvement would necessarily violate the separation of powers doctrine."

Carlson said the vetoed legislation was intended to help lawmakers monitor the development of the governor's proposed budget, which takes several months to draft. Now, lawmakers have the proposal dumped on them just before the session starts, he said.

"Obviously, we want to work with the guy, but we need to be more informed with that big budget before we go into the session," Carlson said Thursday. "We just wanted to be a partner at the table ... but, on the other hand, for him to veto things because we want some involvement, is only because he doesn't want us involved."

The Legislature's regular sessions begin in January of odd-numbered years. The governor's budget proposals are given to lawmakers during the Legislature's December organizational session, which is held about one month before the regular session begins.

Hoeven said he was willing to discuss ways for lawmakers to have more access to his budget deliberations.

"We'll absolutely work with (Carlson)," Hoeven said. "I'm happy to spend some more time talking to him (about) how we can work with him."