All Roll Calls
Yes: 247 • No: 29
North DakotaSB 20292025 Regular SessionSenateWALLET
AN ACT to create and enact a new subsection to section 30.1-28-07 and chapter 54-68 of the North Dakota Century Code, relating to an office of guardianship and conservatorship and the removal of a guardian; to amend and reenact section 30.1-29-15 and subsection 1 of section 50-24.1-07 of the North Dakota Century Code, relating to the removal of a conservator and the recovery of medical assistance expenses; to repeal chapter 27-27 and section 54-68-02.1 of the North Dakota Century Code, relating to the task force on guardianship monitoring and transition requirements; to provide a penalty; to provide for a report; to provide an appropriation; to provide a continuing appropriation; to provide for a transfer; and to provide an effective date.
Sponsored By: Legislative Management
Became Law
Your PRIA Score
Score Hidden
Personalized for You
How does this bill affect your finances?
Sign up for a PRIA Policy Scan to see your personalized alignment score for this bill and every other piece of legislation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.
Bill Overview
Analyzed Economic Effects
4 provisions identified: 1 benefits, 1 costs, 2 mixed.
State can claim estates to repay care
If the guardianship office paid for a person’s care, it has a preferred claim against that person’s estate or a spouse’s estate. Payment and interest are paused while a surviving spouse is alive, and no statute of limitations or laches blocks the claim. Recovered money goes to the state general fund. Medicaid estate recovery rules now list these guardianship chapter claims among preferred claims, which can change the order of payments and leave less for heirs.
New guardianship office and funding
The law creates an Office of Guardianship and Conservatorship under the state Supreme Court. It sets up a Support Fund to pay for training, monitoring, and services. The office may set eligibility rules and make direct payments or reimburse expenses for public guardianship and conservatorship, including public administrators. Courts must waive filing fees and court costs when a person receives public guardianship or conservatorship services. For July 1, 2025 to June 30, 2027, the state provides $18,319,556 from the general fund: $1,550,000 for indigent establishment costs; $1,296,400 for developmentally disabled establishment costs; $8,638,020 for public guardian and conservator fees for indigent people; and $6,835,136 for guardianship contracts for developmentally disabled people.
New licensing and limits for guardians
The office licenses guardians and conservators and can require insurance or a bond, training, and reports. No one may claim to be licensed unless they are. An unlicensed person may not serve as guardian or conservator for three or more adults at the same time. Public guardians or conservators may not serve minors unless a court authorizes it in a guardianship case. Information about applicants and recipients is confidential; wrongful disclosure is a class C felony. People who report misconduct in good faith are protected from civil lawsuits. Guardians and conservators must follow standards issued by the office. Starting August 1, 2026, violating section 27-27.1-05 is a class B misdemeanor.
Stronger oversight of guardianship
The Supreme Court may create a review board and appoint counsel to investigate noncompliance. Investigators can issue subpoenas, take sworn testimony, and inspect records. State and local agencies and court officers must share records and help, unless federal law forbids it. If you are subpoenaed, you must attend and provide documents; disobeying a court order is a class A misdemeanor. The Attorney General serves as legal counsel and defends board members and staff. The Supreme Court handles license suspensions or revocations; district courts hear appeals of license denials. Courts may place removed guardians and conservators on a registry, and listed people are disqualified from future service. The old guardianship task force chapter is repealed.
Sponsors & Cosponsors
Sponsor
Legislative Management
Affiliation unavailable
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
House vote • 4/28/2025
Second reading, passed as amended, yeas 91 nays 0
Yes: 91 • No: 0
Senate vote • 4/25/2025
Second reading, passed, yeas 40 nays 5
Yes: 40 • No: 5
House vote • 4/21/2025
Second reading, passed as amended, yeas 92 nays 1
Yes: 92 • No: 1
Senate vote • 2/21/2025
Second reading, passed, yeas 24 nays 23
Yes: 24 • No: 23
Actions Timeline
Filed with Secretary Of State 05/02
6/11/2025HouseSigned by Governor 05/02
5/2/2025SenateSent to Governor
5/1/2025SenateSigned by President
5/1/2025SenateSigned by Speaker
5/1/2025HouseSecond reading, passed as amended, yeas 91 nays 0
4/28/2025HouseConference committee report adopted
4/28/2025HouseReported back from conference committee, in place of, placed on calendar
4/25/2025HouseSecond reading, passed, yeas 40 nays 5
4/25/2025SenateConference committee report adopted
4/25/2025SenateReported back from conference committee, in place of, placed on calendar
4/25/2025SenateConference committee appointed Frelich Hendrix Hanson
4/24/2025HouseConference committee appointed Paulson Myrdal Braunberger
4/22/2025SenateRefused to concur
4/22/2025SenateReturned to Senate (12)
4/21/2025SenateSecond reading, passed as amended, yeas 92 nays 1
4/21/2025HouseAmendment adopted, placed on calendar
4/18/2025HouseReported back amended, do pass, amendment placed on calendar 22 0 1
4/17/2025HouseRereferred to Appropriations
4/4/2025HouseAmendment adopted
4/4/2025HouseReported back amended, do pass, amendment placed on calendar 10 2 1
4/3/2025HouseCommittee Hearing 02:30
3/18/2025HouseCommittee Hearing 09:00
3/10/2025HouseIntroduced, first reading, referred Human Services Committee
2/25/2025HouseReceived from Senate
2/24/2025House
Bill Text
Enrollment
FIRST ENGROSSMENT
INTRODUCED
Prepared by the Legislative Council staff for Representative Frelich
Prepared by the Legislative Council staff for Representative Hanson
Prepared by the Legislative Council staff for Representative Paulson
Prepared by the Legislative Council staff for Senate Appropriations - Education and Environment Division Committee
SECOND ENGROSSMENT
SECOND ENGROSSMENT with Conference Committee Amendments
SECOND ENGROSSMENT with House Amendments
Related Bills
HB 1022 — AN ACT to provide an appropriation for defraying the expenses of the retirement and investment office.
SB 2018 — AN ACT to provide an appropriation for defraying the expenses of the department of commerce; to provide an appropriation to the attorney general; to provide an appropriation to the department of career and technical education; to provide an appropriation to the state fair association; to provide a contingent appropriation; to create and enact a new section to chapter 54-60 of the North Dakota Century Code, relating to department of commerce grant reporting requirements; to amend and reenact subsection 1 of section 10-30.5-02, sections 54-60-09, 54-60-19, 54-60-28, 54-60-29, 54-60-29.1, and 54-60-31 of the North Dakota Century Code, relating to the purpose of the North Dakota development fund, duties and talent strategy of the division of workforce development, the uncrewed aircraft systems program, the uncrewed aircraft systems program fund, the beyond visual line of sight uncrewed aircraft system program, and changing the name of the office of legal immigration to the global talent office; to authorize a Bank of North Dakota line of credit; to provide for a transfer; to provide an application; to provide an exemption; and to provide for a legislative management report.
SB 2323 — AN ACT to amend and reenact sections 57-51-15 and 57-51.1-07.5 of the North Dakota Century Code, relating to oil and gas gross production tax allocations and the state share of oil and gas tax allocations; to provide for a legislative management report; to provide an exemption; and to provide an effective date.
SB 2390 — AN ACT to create and enact three new sections to chapter 54-40.1 of the North Dakota Century Code, relating to a rural catalyst committee, grant program, and fund; to amend and reenact section 54-40.1-02 of the North Dakota Century Code, relating to definitions for regional planning councils; to provide an appropriation; and to provide for a transfer.
SB 2397 — AN ACT to create and enact a new subsection to section 57-51.1-03 of the North Dakota Century Code, relating to a limited exemption for development incentive wells; to amend and reenact sections 57-51-02.6, 57-51-05, and 57-51.1-01 of the North Dakota Century Code, relating to the temporary exemption for oil and gas wells employing a system to avoid flaring, an exemption from gross production tax for gas produced from certain enhanced oil recovery projects, and the definition of development incentive well; to provide an effective date; and to provide an expiration date.
SB 2370 — AN ACT to provide for a legislative management study regarding prescription drug transparency reporting under the federal drug discount program.