North DakotaSB 20042025 Regular SessionSenate

AN ACT to provide an appropriation for defraying the expenses of the ethics commission; to create and enact a new section to chapter 54-03 and two new sections to chapter 54-66 of the North Dakota Century Code, relating to immunity and a defense for individuals voting on legislation, closure of a matter of the ethics commission, rules for complaint management time standards, and an ethics commission annual report; to amend and reenact sections 12.1-13-02, 54-66-01, 54-66-04, 54-66-05, 54-66-06, and 54-66-07, subsection 2 of section 54-66-08, and sections 54-66-09, 54-66-10, 54-66-12, and 54-66-18 of the North Dakota Century Code, relating to immunity from criminal prosecution, definitions, ethics commission meetings, complaints, an informal resolution process, law enforcement referrals, findings, appeals, confidential information related to a complaint, and conflicts of interest; and to declare an emergency.

Sponsored By: Senate Appropriations

Signed by Governor

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 3 benefits, 0 costs, 3 mixed.

Funding for North Dakota ethics oversight

The law provides about $1.37 million for the North Dakota Ethics Commission from July 1, 2025, through June 30, 2027. This supports three full-time positions. One-time funding totals $52,348: $50,000 for a case-management system and $2,348 for furniture. The Commission must report its use of that money to the 70th Legislative Assembly. Transfers from the state's new and vacant position pool are allowed only as authorized by House Bill 1015.

Lawmakers must publicly disclose bill conflicts

Each North Dakota legislative assembly must adopt rules requiring lawmakers to disclose potential conflicts involving bills. The requirement covers bills in which a lawmaker has a unique and individual interest. Each disclosure must be recorded and easy for the public to find. Separate Commission disclosure rules need not apply when legislative rules are at least as strict.

Legal protections for North Dakota lawmakers

North Dakota lawmakers gain protection from state criminal prosecution for offenses arising from committee, Senate, or House votes. They must follow legislative rules requiring disclosure of personal or private interests. This protection also covers an organization for which the lawmaker acts as an agent. Separately, lawmakers can defend against vote-related charges by showing good-faith reliance on informal advice from Ethics Commission staff.

Consent allows sharing ethics complaint information

Ethics complaint information generally remains confidential, subject to legal and investigation exceptions. The Commission and the person facing a complaint can disclose otherwise confidential information when that person agrees. This expands access to information but means shared material no longer stays private.

Criminal referrals can pause ethics reviews

The Ethics Commission can coordinate with law enforcement when it believes a complaint alleges a crime; coordination is no longer required. If an agency accepts a referral for prosecution, the Commission must wait for notice that criminal proceedings are complete. If the agency declines or takes no action within 60 days, the Commission can resume reviewing the complaint.

More ways to resolve ethics complaints

People facing ethics complaints can request dismissal at any time by following the Commission's procedure. If informal resolution fails, the Commission can work with the person facing the complaint to settle and close it. After an investigation, the executive director must recommend closing the matter or issuing an alleged violation. The Commission can issue an alleged violation, order more investigation, or close the matter. It must also adopt timely complaint-handling rules, but the law sets no deadline for an individual case.

Sponsors & Cosponsors

Sponsor

  • Senate Appropriations

    Affiliation unavailable

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 205 • No: 71

Senate vote • 5/2/2025

Second reading, passed, yeas 44 nays 2, Emergency clause carried

Yes: 44 • No: 2

House vote • 5/2/2025

Second reading, passed as amended, yeas 71 nays 19

Yes: 71 • No: 19

House vote • 4/14/2025

Second reading, passed as amended, yeas 65 nays 29

Yes: 65 • No: 29

Senate vote • 2/11/2025

Second reading, passed, yeas 25 nays 21

Yes: 25 • No: 21

Actions Timeline

  1. Filed with Secretary Of State 05/19

    6/11/2025House
  2. Signed by Governor, but item veto 05/19

    5/17/2025Senate
  3. Sent to Governor

    5/2/2025Senate
  4. Signed by President

    5/2/2025Senate
  5. Signed by Speaker

    5/2/2025House
  6. Emergency clause carried

    5/2/2025House
  7. Second reading, passed as amended, yeas 71 nays 19

    5/2/2025House
  8. Conference committee report adopted

    5/2/2025House
  9. Reported back from conference committee, in place of, placed on calendar

    5/2/2025House
  10. Second reading, passed, yeas 44 nays 2, Emergency clause carried

    5/2/2025Senate
  11. Conference committee report adopted

    5/2/2025Senate
  12. Reported back from conference committee, in place of, placed on calendar

    5/2/2025Senate
  13. Conference committee appointed Louser Martinson Hanson

    4/24/2025House
  14. Appoint Sen. Mathern to replace Sen. Cleary on conference committee

    4/17/2025Senate
  15. Conference committee appointed Dever Cleary Davison

    4/16/2025Senate
  16. Refused to concur

    4/16/2025Senate
  17. Returned to Senate (12)

    4/14/2025Senate
  18. Emergency clause carried

    4/14/2025House
  19. Second reading, passed as amended, yeas 65 nays 29

    4/14/2025House
  20. Amendment adopted, placed on calendar

    4/14/2025House
  21. Reported back amended, do pass, amendment placed on calendar 19 3 1

    4/11/2025House
  22. Committee Hearing 09:00

    3/18/2025House
  23. Introduced, first reading, referred Appropriations Committee

    2/18/2025House
  24. Received from Senate

    2/12/2025House
  25. Second reading, passed, yeas 25 nays 21

    2/11/2025Senate

Bill Text

  • Enrollment

  • FIRST ENGROSSMENT

  • FIRST ENGROSSMENT with Conference Committee Amendments

  • FIRST ENGROSSMENT with House Amendments

  • INTRODUCED

  • Prepared by the Legislative Council staff for House Appropriations Committee

  • Prepared by the Legislative Council staff for Senate Appropriations - Human Resources Division Committee

  • Prepared by the Legislative Council staff for Senator Mathern

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