Legislative Council says Bank of North Dakota unconstitutional

Better watch out — there are legal opinions floating around saying that North Dakota can’t issue you your tax refund anymore.  It’s been thrown out with the bathwater now that the idea of cutting an oil rebate check to all North Dakotans is on the agenda.

Whose legal opinion are we talking about here?  Certainly not the opinions of our constitution’s drafters, or the Supreme Court, or even the Attorney General — in this case the Forum News Service provides us with the opinion of John Walstad of the North Dakota Legislative Council — someone whose opinion of the law greatly influences what does and does not get drafted into a bill.

A civil servant who sounds like an activist making this stand:

“The state’s money is to be used for state purposes and not for donations for some private purpose, no matter how worthwhile it might be,”

It sure sounds like tax refunds, tax credits, school scholarships, loan guarantees, and any number of public-private partnerships –all things that that State of North Dakota does– would be banned by that interpretation of the language.  The Bank of North Dakota, whose existence was actively challenged at inception, was never declared unconstitutional…. so what gives?

Then there’s another question:  On what basis does John Walstad allow himself to talk to the media this week? Because the last time I asked the Legislative Council a question, they quoted me their exception to the State’s Open Records Law. So the Legislative Council gets to pick and choose what it deems to be the public interest — and in this case, it’s “you can’t get a rebate check for oil.”

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