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North Dakota House Bill HB1277

North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1277 Compare Versions

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11 25.0458.03000
22 Sixty-ninth
33 Legislative Assembly
44 of North Dakota
55 Introduced by
66 Representative Lefor
77 Senator Hogue
88 A BILL for an Act to create and enact a new section to chapter 54-03 and two new sections to
99 chapter 54-66 of the North Dakota Century Code, relating to immunity from criminal prosecution
1010 and an affirmative defense for individuals voting on legislation, closure of a matter and issuance
1111 of guidance by the ethics commission, and the discretionary referral of an investigation to an
1212 outside attorney or investigator by the ethics commission's executive director; to amend and
1313 reenact sections 12.1-13-02 and 54-66-01, subsection 2 of section 54-66-04, and sections
1414 54-66-12 and 54-66-18 of the North Dakota Century Code, relating to immunity from criminal
1515 prosecution when adhering to legislative rules, definitions related to state government ethics,
1616 confidential records related to an alleged violation of an ethics law or rule, and conflicts of
1717 interest in the legislative assembly; to repeal sections 54-66-05, 54-66-06, 54-66-07, 54-66-08,
1818 54-66-09, and 54-66-10 of the North Dakota Century Code, relating to the complaint process of
1919 the ethics commission; and to declare an emergency.
2020 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
2121 SECTION 1. AMENDMENT. Section 12.1-13-02 of the North Dakota Century Code is
2222 amended and reenacted as follows:
2323 12.1-13-02. Speculating or wagering on official action or information.
2424 1.A personAn individual is guilty of a class A misdemeanor if during employment as a
2525 public servant, or within one year thereafter, in contemplation of official action by
2626 himselfthe individual as a public servant or by a government agency with which hethe
2727 individual is or has been associated as a public servant, or in reliance on information
2828 to which hethe individual has or had access only in histhe individual's capacity as a
2929 public servant, hethe individual:
3030 a.Acquires a pecuniary interest in any property, transaction, or enterprise which
3131 may be affected by suchthe information or official action;
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6060 b.Speculates or wagers on the basis of suchthe information or official action; or
6161 c.Aids another individual to do any of the foregoing.
6262 2.A personAn individual is guilty of a class A misdemeanor if as a public servant hethe
6363 individual takes official action which is likely to benefit himthe individual as a result of
6464 an acquisition of a pecuniary interest in any property, transaction, or enterprise, or of a
6565 speculation or wager, which hethe individual made, or caused or aided another to
6666 make, in contemplation of suchthe official action.
6767 3.An individual is immune from prosecution under this section if:
6868 a.The individual was a member of the legislative assembly at the time the official
6969 action was taken;
7070 b.The official action was a vote on a measure in the senate or house of
7171 representatives; and
7272 c.The individual adhered to legislative rules requiring an individual to disclose a
7373 personal or private interest to the member's respective chamber of the legislative
7474 assembly, the president of the senate, or the speaker of the house.
7575 SECTION 2. A new section to chapter 54-03 of the North Dakota Century Code is created
7676 and enacted as follows:
7777 Voting on legislation - Immunity - Affirmative defense.
7878 If an individual who is a member of the legislative assembly adheres to:
7979 1.Legislative rules requiring an individual to disclose a personal or private interest to the
8080 member's respective chamber of the legislative assembly, the president of the senate,
8181 or the speaker of the house, the individual is immune from criminal prosecution under
8282 the laws of this state for an offense arising from the individual voting on a measure in
8383 the senate or house of representatives.
8484 2.Informal advice from a staff member of the ethics commission , reliance on the advice
8585 is an affirmative defense in a prosecution for an offense arising from the individual
8686 voting on a measure in the senate or house of representatives.
8787 SECTION 3. AMENDMENT. Section 54-66-01 of the North Dakota Century Code is
8888 amended and reenacted as follows:
8989 54-66-01. Definitions.
9090 As used in this chapter, unless the context otherwise requires:
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124124 1."Accused individual" means a lobbyist, public official, candidate for public office,
125125 political committee, or contributor who is alleged to have violated article XIV of the
126126 Constitution of North Dakota, this chapter, or another law or rule regarding
127127 transparency, corruption, elections, or lobbying.
128128 2."Complainant" means an individual who, in writing or verbally, submits a complaint to
129129 the commission and is:
130130 a.A North Dakota resident;
131131 b.Subject to licensing by a state agency or other public official subject to the
132132 jurisdiction of the ethics commission; or
133133 c.A party to a quasi-judicial proceeding before a state agency or other public official
134134 subject to the jurisdiction of the ethics commission.
135135 3."Complaint" means a verbal or written allegation to the commission that a lobbyist,
136136 public official, candidate for public office, political committee, or contributor has
137137 violated article XIV of the Constitution of North Dakota, this chapter, or another law or
138138 rule regarding transparency, corruption, elections, or lobbying."Alleged violation"
139139 means a formal written allegation issued by a majority vote of the commission alleging
140140 a regulated individual engaged in an ethical violation.
141141 2."Enforcement action" means an investigation and proceeding before the commission
142142 pursuant to section 3 of article XIV of the Constitution of North Dakota regarding an
143143 alleged violation by a regulated individual.
144144 3."Ethical violation" means a violation of article XIV of the Constitution of North Dakota,
145145 chapter 54 - 66, or another law or rule regarding transparency, corruption, elections, or
146146 lobbying by a regulated individual.
147147 4."Ethics commission" or "commission" means the North Dakota ethics commission
148148 established by article XIV of the Constitution of North Dakota.
149149 5."Final commission order" means a written order issued by a majority vote of the
150150 commission finding an ethical violation after:
151151 a.The time to file a petition for rehearing before the commission has expired;
152152 b.The commission has denied a petition for rehearing; or
153153 c.The commission has affirmed the finding of an ethical violation after rehearing.
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186186 6."Gift" means any item, service, or thing of value not given in exchange for fair market
187187 consideration including travel and recreation, except:
188188 a.Purely informational material;
189189 b.A campaign contribution; and
190190 c.An item, service, or thing of value given under conditions that do not raise ethical
191191 concerns, as set forth in rules adopted by the ethics commission, to advance
192192 opportunities for state residents to meet with public officials in educational and
193193 social settings in the state.
194194 6.7."Influence state government action" means promoting or opposing the adoption of a
195195 rule by an administrative agency or the commission under chapter 28-32.
196196 7.8."Lobby" means an activity listed in subsection 1 of section 54-05.1-02.
197197 8.9."Lobbyist" means an individual required to register under section 54-05.1-03.
198198 9.10."Public official" means an elected or appointed official of the state's executive or
199199 legislative branch, members of the commission, members of the governor's cabinet,
200200 and employees of the legislative branch.
201201 10."Receives the complaint" means one or more members of the commission learn of the
202202 complaint.
203203 11."Regulated individual" means a lobbyist, public official, candidate for public office,
204204 political committee, or contributor.
205205 12."Relevant information" means facts provided to the commission asserting a regulated
206206 individual engaged in an ethical violation.
207207 13."Respondent" means a regulated individual who is the subject of an alleged violation.
208208 14."Ultimate and true source" means the person that knowingly contributed over two
209209 hundred dollars solely to lobby or influence state government action.
210210 SECTION 4. AMENDMENT. Subsection 2 of section 54-66-04 of the North Dakota Century
211211 Code is amended and reenacted as follows:
212212 2.Unless the complaint at issue has resulted in the imposition of a penalty or referral for
213213 enforcement under section 54-66-09, any portion of a meeting during which
214214 commission members discuss complaints, informal resolutions, attempts to informally
215215 resolve complaints, investigations, or referrals under this chapter, the identity of an
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248248 accused individual or complainant, or any other matter arising from a complaint are
249249 closed meetings.
250250 SECTION 5. A new section to chapter 54-66 of the North Dakota Century Code is created
251251 and enacted as follows:
252252 Issuance of alleged violation - Closure of the matter - Guidance.
253253 Upon completion of an informal investigation, the executive director shall close the matter or
254254 prepare a request to the commission to issue an alleged violation. Upon closure of the matter,
255255 the executive director may issue a guidance letter. The executive director may close the matter
256256 at any time during the enforcement action.
257257 SECTION 6. A new section to chapter 54-66 of the North Dakota Century Code is created
258258 and enacted as follows:
259259 Investigation - Referral.
260260 With the permission of the commission, the executive director may refer a formal
261261 investigation to an outside attorney or investigator in lieu of the executive director completing
262262 the investigation.
263263 SECTION 7. AMENDMENT. Section 54-66-12 of the North Dakota Century Code is
264264 amended and reenacted as follows:
265265 54-66-12. Confidential information.
266266 1.The following information is a confidential record as defined in section 44-04-17.1,
267267 unless the commission has determined the accused individual violated article XIV of
268268 the Constitution of North Dakota, this chapter, or another law or rule regarding
269269 transparency, corruption, elections, or lobbying,issued a final commission order and a
270270 court affirmed the determinationfinal commission order, if appealed, except the
271271 information may be disclosed as required by law or as necessary to conduct an
272272 investigation arising from a complaintduring an enforcement action:
273273 a.Relevant information submitted to the commission by an individual;
274274 b.Information prepared for the commission to determine whether to issue an
275275 alleged violation;
276276 c.Information revealing the contents of a complaintan alleged violation;
277277 b.d.Information that reasonably may be used to identify an accused individuala
278278 respondent; and
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312312 c.e.Information relating to or created as part of an investigation of a complaintan
313313 alleged violation.
314314 2.If a complaint is informally resolved under section 54-66-07, the following information
315315 is a confidential record as defined in section 44-04-17.1:
316316 a.Information revealing the contents of the complaint;
317317 b.Information that reasonably may be used to identify the accused individual;
318318 c.Information relating to or created as part of the process leading to the informal
319319 resolution; and
320320 d.Information revealing the informal resolution.
321321 3.Information that reasonably may be used to identify the complainantan individual who
322322 provides relevant information to the commission is confidential unless the
323323 complainantindividual waives confidentiality, authorizes its disclosure, or divulges
324324 information that reasonably would identify the complainantindividual. Information,
325325 including evidence under consideration by the investigator or commission, deemed
326326 confidential under this subsection may be disclosed as required by law or as
327327 necessary to conduct an investigation arising from a complaint to include disclosure of
328328 evidence being considered to an accused individuala respondent.
329329 4.3.The information deemed confidential in subsections 1 and 2subsection 1 may be
330330 disclosed by the individual who provides relevant information to the commission, the
331331 respondent, and the ethics commission if the accused individualrespondent agrees to
332332 the disclosure.
333333 4.The commission may disclose the information deemed confidential in subsection 1 to
334334 an entity with appropriate enforcement authority.
335335 SECTION 8. AMENDMENT. Section 54-66-18 of the North Dakota Century Code is
336336 amended and reenacted as follows:
337337 54-66-18. Conflicts of interest - Legislative assembly.
338338 1.Each legislative assembly shall adopt conflict of interest rules. The rules must:
339339 a.Require the disclosure by a member of a potential conflict of interest relating to
340340 any bill in which the member may have a direct, unique, substantial, orand
341341 individual interest.
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374374 b.Ensure a mechanism is in place to record each disclosure and make it readily
375375 available to the public.
376376 2.If the legislative assembly adopts rules under subsection 1 which are at least as
377377 restrictive as the conflict of interest rules adopted by the ethics commission, the
378378 disclosure process portion of the conflict of interest rules adopted by the ethics
379379 commission may not apply to members of the legislative assembly.
380380 SECTION 9. REPEAL. Sections 54-66-05, 54-66-06, 54-66-07, 54-66-08, 54-66-09, and
381381 54-66-10 of the North Dakota Century Code are repealed.
382382 SECTION 10. EMERGENCY. This Act is declared to be an emergency measure.
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