N.D. flood special session possible, but not likely soon
By Dale Wetzel
Associated Press
BISMARCK, N.D. – Although Gov. Ed Schafer has downplayed the idea of a special legislative session on Red River Valley flooding, some lawmakers say one may be needed, possibly in the late summer or fall.

"There is going to be a time when it’s going to be important that we have one," said Rep. Merle Boucher, D-Rolette, the House minority leader. "Trying to draw an appropriate time is the $64,000 question right now."

But both Republicans and Democrats say there is little point to summoning lawmakers to the Capitol until officials have a chance to assess damages and tally federal aid. That could take at least four months or more.

"If we had one soon, I don’t know what we would do," said Sen. Gary Nelson, R-Casselton, the Senate majority leader. "We would go and sit around and say, ‘What do we want to do?’"

Nelson is dubious the Legislature will need a special session to deal with the aftermath of the Red River flooding, but he says he’s not ruling out the idea.

"At the present time, I’m not inclined to think we need one ... I think we have some contingency plans in place that will make things work," Nelson said. "But if the feds come to us and say, ‘We want your name on the line here,’ we would certainly take a look at it."

A key question is the size of the federal government’s response to the crisis. The U.S. House is considering a package of almost $700 million in aid to North Dakota, South Dakota and Minnesota.

"I don’t think in the long term, that is going to come anywhere close to meeting the needs of getting things back in order," Boucher said. The Federal Reserve Bank’s Minneapolis district has tentatively estimated regional flood damage at $1.75 billion.

Aside from repairs to Grand Forks and other flood-ravaged cities, a number of other financial issues loom, from repairing overtaxed state roads to compensating North Dakota colleges that have been pressed into service as refugee shelters.

"If we can address all of these issues without a special session,that’s fine," said Sen. Tim Mathern, D-Fargo, the Senate minority leader. "I’m just saying, I think we should be open to that possibility, if that’s the best way to meet the needs."

Before the Legislature finished its work this year, lawmakers set aside a $23 million Bank of North Dakota contingency fund to deal with budget emergencies.

That money, plus some emergency powers the governor can wield over allocations of state funds, could be enough to manage the situation, said Rod Backman, the state budget director.

It’s too early to tell if a special session will be needed, Backman said. "But I think there’s a pretty good chance we can do without one," he said.

Regardless of what Schafer decides, the Legislative Council is likely to discuss the idea. The council is a 15-member panel of legislators who supervise legislative business during the interim; Nelson is its chairman.

Two years ago, over Schafer’s objections, the Legislature gave the council power to call legislative sessions on its own.

However, if the council calls a session, it would have to end within 14 days to avoid colliding with the state Constitution’s limit of 80 days of legislative meetings every two years. The 1997 session lasted 66 days. Should Schafer call a special session, it would have no time limit.

A special session could also be used for another look at Devils Lake flooding problems, Mathern said.

Since the Legislature adjourned April 11, the National Weather Service has twice raised its predictions of where the overflowing lake will peak this summer. It is now expected to rise as much as 5 feet, an increase that could threaten the city of Devils Lake itself.

"Right now, all eyes are on the Red River," Mathern said. "But Devils Lake potentially has more negative consequences than this Red River flood."