Senator Jerry Klein, a Republican from District 14, asked the North Dakota House Political Subdivisions Committee to recommend a do-not-pass on Senate Bill 23-38, a bill that would amend Section 54-03-1.14 of the North Dakota Century Code to change legislative district lines.

Klein told the committee the measure began as an effort to straighten a line in Pierce County and to keep counties whole while following redistricting rules established after a court challenge. He said he had consulted the attorney general’s office, which warned that if the bill became law the state could be liable for roughly $2,000,000 in court-awarded attorney fees related to ongoing litigation over redistricting maps. "If this bill passes the state of North Dakota will be on the hook for $2,000,000 because we are going to have to provide what they told me was the lawyer attorney fees," Klein said.

Klein said the bill had passed the Senate earlier, but after meeting with the attorney general’s office and legislative leadership he decided the risk was too large. "I'm here today to ask for a do not pass on my bill, 2,338, as it would create conflict and, could cost the state of the, North Dakota a lot of money," he told the committee.

After a motion by Representative Machtramar and a second by Hyland to recommend a do-not-pass, the clerk opened the roll call. The committee recorded the do-not-pass recommendation with a tally reported in the hearing as 10 yes, 0 no and 3 absent. The chair announced, "The do not pass is carried." The bill was placed on the committee's consent calendar to be carried by Representative Heilman.

This action stops immediate House progress on SB 23-38; Klein said final handling of the map lines will depend on ongoing court decisions in the redistricting litigation and noted the state is awaiting an Eighth Circuit opinion.

Votes at a glance: A committee motion to recommend "do not pass" on Senate Bill 23-38 carried 10-0 with 3 members absent.

Questions or requests for additional analysis from the committee were not recorded in the transcript.