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BISMARCK, N.D. (North Dakota Monitor) — North Dakota lawmakers approved draft legislation Tuesday that aims to clarify how legislators respond when a governor vetoes bills after a legislative session concludes.

The move comes after confusion involving a line-item veto from Gov. Kelly Armstrong that prompted legislators to consider a potential special session.

The draft bill, approved by the interim Legislative Procedure and Arrangements Committee, would set the third Wednesday of June as the date for reconvening the Legislature to reconsider a vetoed bill. The decision to reconvene would be made by Legislative Management.

Emily Thompson, director of the legal division of Legislative Council, said lawmakers would not be limited to discussing the vetoes. Legislative Management could still recall the assembly to Bismarck at any time, she said.

Lawmakers are limited to meeting 80 days every two years. The governor has 15 business days to act on bills after lawmakers adjourn.

The proposed bill also would allow the secretary of the Senate or the chief clerk of the House to request and receive the vetoed bills from the Secretary of State’s Office for reconsideration.

Thompson said the draft legislation addresses a 1991 attorney general’s opinion that stated the Legislature could not act on a governor’s veto after lawmakers adjourn because the Legislature was no longer in possession of the bill.

The committee approved the bill draft unanimously.

In August, the committee advanced a different bill draft that lawmakers say will prevent conflicts over interpreting a governor’s veto.

The issue arose last May after Armstrong indicated in a veto message he was vetoing $150,000 for a Native American homelessness liaison, but a staff member also crossed out $25 million for affordable housing and $10 million for homelessness in the bill markup.

That led to a disagreement involving the state’s legislative and executive branches over how to interpret the line-item veto.

The draft legislation indicates that when a governor’s line-item veto message and bill markup conflict, the markup would take precedence over the governor’s message. That’s in contrast to Attorney General Drew Wrigley’s recent opinion that said bill markups are visual images and should not change the substance of a veto.

Both bills drafts will be considered for advancement to the 2027 legislative session by Legislative Management.

The state dollars that were the subject of the veto confusion, $34.85 million, were dispersed to the North Dakota Housing Finance Agency on July 1.

North Dakota Monitor reporter Michael Achterling can be reached at machterling@northdakotamonitor.com.