May 23, 2007 - 04:05:58 CDT
A second Democratic state lawmaker is questioning the constitutionality of an off-session panel that was appointed by the Legislature to plan and implement a revamp of the state penitentiary.Rep. Kari Conrad, D-Minot, said Tuesday that she has requested an opinion from the attorney general's office on whether the Legislature acted properly when appointing the panel.
Conrad said the action is improper because the panel would be looking at details such as what prison design maximizes efficiency and how such a structure would be staffed. In doing so, the Legislature is stepping over its bounds and infringing on executive branch tasks that should be done by Gov. John Hoeven and the North Dakota Department of Corrections and Rehabilitation, Conrad said.
"It's way beyond micromanaging," she said. "It's stepping into the governor's area"
Last week, Sen. Tim Mathern, D-Fargo, argued that legislators delegated too much of their own authority in appointing the off-session panel. Mathern argues that it's the Legislature's sole authority under the constitution to approve spending.
Both requests will undergo a thorough review by the attorney general's office after which opinions will be announced, said Liz Brocker, a spokeswoman for Attorney General Wayne Stenehjem.
Conrad said she and Mathern did not coordinate their efforts.
The measure they're taking aim at originated in the waning days of the 2007 session when lawmakers wanted to buy more time to study a prison plan without delaying construction until after the Legislature reconvenes in 2009.
Under the plan, a panel of six lawmakers have one year to consult with architects and come up with three recommendations on how to either remodel the prison or construct a new one. The Emergency Commission, a panel of state lawmakers and other officials, will then choose from the three options and forward its recommendation to the budget section, another off-session panel of state lawmakers.
Don Larson, a spokesman for Hoeven, said Hoeven approved the plan as a way to move as quickly as possible to address safety and structure needs at the prison. The possible delegation of authority was not Hoeven's main concern, Larson said.
"That really wasn't discussed," he said. "It was about having a plan and knowing how we're going to move forward on this."
(Reach reporter Jonathan Rivoli at 223-8482 or jonathan.rivoli@;bismarcktribune.com.)
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