North Dakota 2023-2024 Regular Session

North Dakota Senate Bill SB2325

Introduced
1/16/23  
Refer
1/16/23  
Report Pass
1/24/23  
Refer
1/25/23  
Report Pass
2/2/23  
Engrossed
2/6/23  
Refer
2/17/23  
Report Pass
3/22/23  
Refer
3/22/23  
Report Pass
3/30/23  
Enrolled
4/4/23  

Caption

The restitution assistance fund for victims of securities violations; to provide a continuing appropriation; and to provide for application.

Impact

The implementation of SB2325 directly influences state law by creating a structured approach for victim assistance regarding securities violations. It lays out specific provisions for eligibility, assistance amounts, and the application process. By establishing a designated fund, it provides a safety net for individuals who may otherwise be unable to recover funds owed to them following a final order. This bill potentially enhances state efforts to uphold consumer rights and bolster financial accountability. The provisions also include mechanisms for recovery of funds from claimants deemed to have participated in illegal activities, safeguarding the integrity of the fund.

Summary

Senate Bill 2325 establishes a restitution assistance fund aimed at supporting victims of securities violations in North Dakota. This fund will be used to provide financial assistance to eligible adults who have been awarded restitution but have not received full payment. The bill enacts a continuing appropriation from the department's revenue, allowing up to one million dollars per biennium to be allocated to this fund. This legislative initiative reflects a commitment to ensure that victims of securities fraud are adequately compensated, acknowledging the serious nature of such financial crimes and their impact on individuals.

Sentiment

The sentiment surrounding SB2325 appears to be supportive among legislators who recognize the necessity of addressing the aftermath of securities violations. The creation of the restitution assistance fund is viewed as a proactive measure to protect victims, affirming the state's role in mitigating the effects of financial malfeasance. However, the bill may also attract scrutiny regarding how effectively the fund will operate and whether it will be sufficient to meet the demand for restitution claims. The discussions likely reflect an overarching concern for economic justice and the importance of financial protections for consumers.

Contention

Despite its supportive intent, SB2325 may face contention regarding its operational aspects, particularly about how claims will be adjudicated and the limits on assistance. The bill caps assistance at fifty thousand dollars or fifty percent of unpaid restitution, which could be a point of contention in cases where victims incur significant financial losses. Additionally, the requirement for victims to demonstrate they were not complicit in the securities violations adds another layer of complexity that may spark debate over victim eligibility and the determination process. Such provisions highlight the delicate balance between safeguarding the fund and ensuring aid to victims in need.

Companion Bills

No companion bills found.

Similar Bills

WV HB4985

Relating to Securities Restitution Assistance Fund

WV SB576

Creating Securities Restitution Assistance Fund for victims of securities violations

WV SB63

Authorizing restitution to victims of securities fraud

WV SB418

Authorizing restitution to victims of securities fraud

WV SB639

Authorizing restitution to victims of securities fraud

WV HB3250

To authorize restitution to victims of securities fraud and to create a fund for that purpose

CA SB1268

Crimes: fraud.

MD SB167

Maryland Insurance Administration - Enforcement Authority - Payment of Claims