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| 1 | - | 25.8023.01001 | |
| 2 | - | Title.02000 | |
| 3 | - | Adopted by the Judiciary Committee | |
| 1 | + | 25.8023.02000 | |
| 4 | 2 | Sixty-ninth | |
| 5 | - | January 8, 2025 | |
| 6 | 3 | Legislative Assembly | |
| 7 | 4 | of North Dakota | |
| 8 | 5 | Introduced by | |
| 9 | 6 | Judiciary Committee | |
| 10 | 7 | (At the request of the Ethics Commission) | |
| 11 | 8 | A BILL for an Act to amend and reenact section 54-66-04.2 of the North Dakota Century Code, | |
| 12 | 9 | relating to ethics commission advisory opinions. | |
| 13 | 10 | BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: | |
| 14 | 11 | SECTION 1. AMENDMENT. Section 54-66-04.2 of the North Dakota Century Code is | |
| 15 | 12 | amended and reenacted as follows: | |
| 16 | 13 | 54-66-04.2. Advisory opinions - Authority - Effect. | |
| 17 | 14 | 1.In response to a request from a public official, candidate for elected office, or lobbyist, | |
| 18 | - | or upon | |
| 19 | - | ||
| 20 | - | ||
| 15 | + | or upon the vote of four of the five members of the commission, the ethics commission | |
| 16 | + | may provide a written advisory opinion regarding the application of the following to | |
| 17 | + | specified hypothetical facts or prospective conduct: | |
| 21 | 18 | a.Article XIV of the Constitution of North Dakota; or | |
| 22 | 19 | b.State statutes and ethics commission rules related to transparency, corruption, | |
| 23 | 20 | elections, and lobbying. | |
| 24 | 21 | 2.A public official, candidate for elected office, or lobbyist only may request an advisory | |
| 25 | 22 | opinion related to hypothetical facts or prospective conduct of the public official, | |
| 26 | 23 | candidate for elected office, or lobbyist making the request. Another individual, board, | |
| 27 | 24 | entity, or organization may request an advisory opinion on behalf of a public official, | |
| 28 | 25 | candidate for elected office, or lobbyist with corroborating evidence demonstrating the | |
| 29 | 26 | request is authorized and made on behalf of the public official, candidate for elected | |
| 30 | 27 | office, or lobbyist. | |
| 31 | - | Page No. 1 25.8023.01001 | |
| 32 | - | HOUSE BILL NO. 1046 | |
| 33 | - | PROPOSED AMENDMENTS TO | |
| 28 | + | 3.Within fourteen days after receiving a request for a written advisory opinion, the ethics | |
| 29 | + | commission shall notify the requester whether the commission will provide an opinion. | |
| 30 | + | Page No. 1 25.8023.02000 | |
| 31 | + | ENGROSSED HOUSE BILL NO. 1046 | |
| 32 | + | FIRST ENGROSSMENT | |
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| 53 | - | 20 Sixty-ninth | |
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| 54 | + | 22 Sixty-ninth | |
| 54 | 55 | Legislative Assembly | |
| 55 | - | 3.Within fourteen days after receiving a request for a written advisory opinion, the ethics | |
| 56 | - | commission shall notify the requester whether the commission will provide an opinion. | |
| 57 | 56 | 3.4.Within ninety days after notifying a requester a written advisory opinion will be | |
| 58 | 57 | provided, the ethics commission shall issue the opinion. | |
| 59 | 58 | 4.5.Criminal and civil penalties may not be imposed upon an individual for an action taken | |
| 60 | 59 | in accordance with an opinion issued under this section if: | |
| 61 | 60 | a.The individual acts in good faith; and | |
| 62 | 61 | b.The material facts surrounding the action taken are substantially the same as the | |
| 63 | 62 | conduct presented in the opinion. | |
| 64 | 63 | 5.6.Opinions and requests for opinions under this section are open records, except names | |
| 65 | 64 | of persons in the opinions and requests are exempt records. | |
| 66 | 65 | 6.7.The ethics commission shall publish all written advisory opinions issued under this | |
| 67 | 66 | section on a website that is accessible to the public. | |
| 68 | - | Page No. 2 25.8023. | |
| 67 | + | Page No. 2 25.8023.02000 | |
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