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
Signed by Governor
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Bill Overview
Analyzed Economic Effects
9 provisions identified: 3 benefits, 2 costs, 4 mixed.
Public guardians face limits serving minors
Public guardians and public conservators cannot serve a minor unless a proceeding under section 30.1-28-03.3 authorizes the services. This limits when families can obtain these public services for children.
Guardians face new licensing rules
A person needs a license or agency permit to serve three or more adults at once, except for family-member appointments. Offering guardianship or conservatorship services to the public requires a license. Agency permits let employees serve as agents of professional providers. Specified federal and state agencies, financial institutions acting as conservators, and human service zones and specified staff are exempt. The office may require insurance or surety bonds, disclosures, and reports for licensing. Licensing violations after August 1, 2026, are class B misdemeanors.
Guardianship privacy protections carry felony penalties
Identifying information about providers, complainants, applicants, and service recipients, along with related reports, is confidential. Disclosures are allowed for program administration or when authorized or required by law or administrative or court rules. The office may share information with criminal investigators when investigation counsel suspects a crime. Unauthorized disclosure, or knowingly allowing it, is a class C felony. People reporting or testifying about misconduct in good faith receive civil immunity, as do office staff and review board participants acting in good faith.
Guardianship costs can reduce family estates
The guardianship office has a preferred estate claim for care costs it paid for a person or their spouse. This can leave less money for heirs; recovered money goes to the state general fund. Payment cannot be required, and interest cannot accrue, while the deceased person's surviving spouse is alive. Time limits and legal defenses based on delay do not bar these claims. For estates covered by medical assistance recovery, guardianship office claims take priority over the medical assistance recovery claim.
More estate money for funeral costs
For estates covered by North Dakota medical assistance recovery, up to $3,500 in funeral costs takes priority over recovery. That raises the previous $3,000 allowance by $500.
State funds new guardianship office
The state provides $1.2 million and authorizes four full-time positions for July 1, 2025, through June 30, 2027. Beginning July 1, 2025, an authorized attorney position transfers from the Senate Bill 2002 office budget line. Remaining authorized positions transfer as caseload permits, no later than April 1, 2026. The state also transfers unspent funding authority from that budget line, Health and Human Services guardianship services and grants under House Bill 1012, and guardianship grants under House Bill 1015. These transfers cover the same budget period; their dollar amounts are not specified.
New office oversees guardianship services
North Dakota creates an independent Office of Guardianship and Conservatorship and ends the prior guardianship monitoring task force. The office sets public service eligibility, ethical standards, and monitoring rules, and may provide training and distribute public service funding. Initial operations committee appointments are due August 1, 2025; director and investigation counsel appointments are due August 31. Review board appointments are due January 1, 2026. Initial eligibility rules, provider rules, fees, and funding structures must be established by March 31, 2026. The office reports annually to the governor and every two years to legislative management, and faces State Auditor audits.
Guardianship fund adds support and fees
A new support fund pays for guardianship and conservatorship services, including training, monitoring, direct payments, and expense reimbursements. Its money remains available to the office without a new appropriation each budget period. The fund accepts legislative transfers, interest, donations, grants, fees, and other contributions. The office may charge fees, including licensing and agency permit fees, and must deposit them into the fund. The law does not set fee amounts or guarantee a household payment.
Stronger guardian oversight adds legal duties
The office may suspend or revoke licenses, and a review board may impose sanctions. Investigation counsel may investigate noncompliance reported after April 1, 2026, using interviews, records, subpoenas, and depositions. Government agencies and specified court personnel must help unless federal law bars disclosure; witnesses must attend. Disobeying a court order to attend, testify, or produce records is a class A misdemeanor. Courts may place providers removed for good cause on a registry barring service; licensed providers are exempt, including suspended—but not revoked—licenses. During the 2025–2026 interim, the Attorney General may seek Emergency Commission approval for funding and one criminal investigator position. The office must be operational, and increased investigation workload must require the position; the law does not itself approve it.
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 Senate Appropriations - Education and Environment Division Committee
Prepared by the Legislative Council staff for Senator Paulson
SECOND ENGROSSMENT
SECOND ENGROSSMENT with Conference Committee Amendments
SECOND ENGROSSMENT with House Amendments
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