North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2004 Compare Versions

Version 1 (Old)

Version 2 (New)

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2	2		Sixty-ninth
3	3		Legislative Assembly
4	4		of North Dakota
5	5		Introduced by
6	6		Appropriations Committee
7	7		A BILL for an Act to provide an appropriation for defraying the expenses of the ethics
8		-	commission; to create and enact a new section to chapter 54-03 and two new sections to
9		-	chapter 54-66 of the North Dakota Century Code, relating to immunity and a defense for
10		-	individuals voting on legislation, closure of an ethics commission investigation, and an ethics
11		-	commission annual report; to amend and reenact section 12.1-13-02, subsection 4 of section
12		-	54-66-12, and section 54-66-18 of the North Dakota Century Code, relating to immunity from
13		-	criminal prosecution, confidential information related to a complaint made to the ethics
14		-	commission, and conflicts of interest; and to declare an emergency.
	8	+	commission.
15	9		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
16	10		SECTION 1. APPROPRIATION. The funds provided in this section, or so much of the funds
17	11		as may be necessary, are appropriated out of any moneys in the general fund in the state
18	12		treasury, not otherwise appropriated, to the ethics commission for the purpose of defraying the
19	13		expenses of the ethics commission, for the biennium beginning July 1, 2025, and ending
20	14		June 30, 2027, as follows:
21	15		Adjustments or
22	16		Base Level Enhancements Appropriation
23		-	Ethics commission $1,041,374 $292,273 $1,333,647
24		-	New and vacant FTE pool 0 9,935 9,935
25		-	Total $1,041,374 $302,208 $1,343,582
26		-	Less other funds 0 50,000 50,000
27		-	Total general fund $1,041,374 252,208 $1,293,582
28		-	Full-time equivalent positions 3.00 0.00 3.00
29		-	Page No. 1 25.0171.03000
	17	+	Ethics commission $1,041,374 $308,563 $1,349,937
	18	+	New and vacant FTE pool 0 246,304 246,304
	19	+	Total general fund $1,041,374 $554,867 $1,596,241
	20	+	Full-time equivalent positions 3.00 1.00 4.00
	21	+	SECTION 2. ONE-TIME FUNDING - EFFECT ON BASE BUDGET - REPORT TO
	22	+	SEVENTIETH LEGISLATIVE ASSEMBLY. The following amounts reflect the one-time funding
	23	+	items included in the appropriation in section 1 of this Act which are not included in the entity's
	24	+	base budget for the 2027-29 biennium and which the entity shall report to the appropriations
	25	+	committees of the seventieth legislative assembly regarding the use of this funding:
	26	+	One-Time Funding Description General Fund
	27	+	Case management system $50,000
	28	+	Office furniture 2,348
	29	+	Page No. 1 25.0171.02000
30	30		ENGROSSED SENATE BILL NO. 2004
31	31		FIRST ENGROSSMENT
32		-	with House Amendments
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56		-	SECTION 2. ONE-TIME FUNDING - EFFECT ON BASE BUDGET - REPORT TO
57		-	SEVENTIETH LEGISLATIVE ASSEMBLY. The following amounts reflect the one-time funding
58		-	items included in the appropriation in section 1 of this Act which are not included in the entity's
59		-	base budget for the 2027-29 biennium and which the entity shall report to the appropriations
60		-	committees of the seventieth legislative assembly regarding the use of this funding:
61		-	One-Time Funding Description General Fund Other Funds Total
62		-	Case management system $0 $50,000 $50,000
63		-	Office furniture 2,348 0 2,348
64		-	Total $2,348 $50,000 $52,348
	55	+	New FTE position one-time costs 5,484
	56	+	Total $57,832
65	57		SECTION 3. NEW AND VACANT FTE POOL - LIMITATION - TRANSFER REQUEST. The
66	58		ethics commission may not spend funds appropriated in the new and vacant FTE pool line item
67	59		in section 1 of this Act, but may request the office of management and budget to transfer funds
68	60		from the new and vacant FTE pool line item to the ethics commission line item in accordance
69	61		with the guidelines and reporting provisions included in House Bill No. 1015, as approved by the
70	62		sixty-ninth legislative assembly.
71		-	SECTION 4. OTHER FUNDS - STRATEGIC INVESTMENT AND IMPROVEMENTS FUND.
72		-	The other funds line item in section 1 of this Act includes the sum of $50,000 from the strategic
73		-	investment and improvements fund for a case management system.
74		-	SECTION 5. AMENDMENT. Section 12.1-13-02 of the North Dakota Century Code is
75		-	amended and reenacted as follows:
76		-	12.1-13-02. Speculating or wagering on official action or information.
77		-	1.A personAn individual is guilty of a class A misdemeanor if during employment as a
78		-	public servant, or within one year thereafter, in contemplation of official action by
79		-	himselfthe individual as a public servant or by a government agency with which hethe
80		-	individual is or has been associated as a public servant, or in reliance on information
81		-	to which hethe individual has or had access only in histhe individual's capacity as a
82		-	public servant, hethe individual:
83		-	a.Acquires a pecuniary interest in any property, transaction, or enterprise which
84		-	may be affected by suchthe information or official action;
85		-	b.Speculates or wagers on the basis of suchthe information or official action; or
86		-	c.Aids another individual to do any of the foregoing.
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120		-	2.A personAn individual is guilty of a class A misdemeanor if as a public servant hethe
121		-	individual takes official action which is likely to benefit himthe individual as a result of
122		-	an acquisition of a pecuniary interest in any property, transaction, or enterprise, or of a
123		-	speculation or wager, which hethe individual made, or caused or aided another to
124		-	make, in contemplation of suchthe official action.
125		-	3.An individual is immune from prosecution under this section if:
126		-	a.The individual was a member of the legislative assembly at the time the official
127		-	action was taken;
128		-	b.The official action was a vote on a measure in the senate or house of
129		-	representatives or a legislative committee; and
130		-	c.The individual adhered to legislative conflict of interest rules requiring an
131		-	individual to disclose a personal or private interest to the member's respective
132		-	chamber of the legislative assembly, legislative committee, the president of the
133		-	senate, or the speaker of the house.
134		-	SECTION 6. A new section to chapter 54-03 of the North Dakota Century Code is created
135		-	and enacted as follows:
136		-	Voting on legislation - Immunity - Affirmative defense.
137		-	If an individual who is a member of the legislative assembly adheres to:
138		-	1.Legislative rules requiring an individual to disclose a personal or private interest to the
139		-	member's respective chamber of the legislative assembly, a legislative committee, the
140		-	president of the senate, or speaker of the house, the individual and an organization for
141		-	which the individual is an agent, as defined in section 12.1 - 03 - 04 is immune from
142		-	criminal prosecution under the laws of this state for an offense arising from the
143		-	individual voting on a measure in a legislative committee, the senate, or the house of
144		-	representatives.
145		-	2.Informal advice from a staff member of the ethics commission, reliance on the advice
146		-	is an affirmative defense in a prosecution for an offense arising from the individual
147		-	voting on a measure in a legislative committee, the senate, or the house of
148		-	representatives.
149		-	SECTION 7. A new section to chapter 54-66 of the North Dakota Century Code is created
150		-	and enacted as follows:
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184		-	Issuance of alleged violation - Closure of the matter.
185		-	Upon completion of an investigation, the executive director shall prepare a report and
186		-	recommendation to the commission to close the matter or issue an alleged violation. The
187		-	commission may issue an alleged violation, require additional investigation, or close the matter.
188		-	Each case must be closed within one hundred eighty days of receipt by the commission of the
189		-	underlying complaint.
190		-	SECTION 8. AMENDMENT. Subsection 4 of section 54-66-12 of the North Dakota Century
191		-	Code is amended and reenacted as follows:
192		-	4.The information deemed confidential in subsections 1 and 2 may be disclosed by the
193		-	accused individual and the ethics commission if the accused individual agrees to the
194		-	disclosure.
195		-	SECTION 9. AMENDMENT. Section 54-66-18 of the North Dakota Century Code is
196		-	amended and reenacted as follows:
197		-	54-66-18. Conflicts of interest - Legislative assembly.
198		-	1.Each legislative assembly shall adopt conflict of interest rules. The rules must:
199		-	a.Require the disclosure by a member of a potential conflict of interest relating to
200		-	any bill in which the member may have a direct, unique, substantial, or and
201		-	individual interest.
202		-	b.Ensure a mechanism is in place to record each disclosure and make it readily
203		-	available to the public.
204		-	2.If the legislative assembly adopts rules under subsection 1 which are at least as
205		-	restrictive as the conflict of interest rules adopted by the ethics commission, the
206		-	disclosure process portion of the conflict of interest rules adopted by the ethics
207		-	commission may not apply to members of the legislative assembly.
208		-	SECTION 10. A new section to chapter 54-66 of the North Dakota Century Code is created
209		-	and enacted as follows:
210		-	Ethics commission annual report.
211		-	1.The ethics commission shall prepare an annual report each fiscal year. The ethics
212		-	commission shall make the annual report available on its public website within sixty
213		-	days of the end of each fiscal year.
214		-	2.The annual report must include information regarding:
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248		-	a.The number of complaints received by the commission, the status of those
249		-	complaints, the commission's actions to resolve the complaints, and the timing
250		-	related to those actions;
251		-	b.The number of advisory opinions requested and issued, as well as information
252		-	regarding general conflict disclosures and quasi-judicial disclosures received;
253		-	and
254		-	c.Information regarding education and outreach and the status of the commission's
255		-	budget.
256		-	3.The annual report may include recommendations for new or revised laws, rules, or
257		-	policies that could improve the confidence that North Dakota citizens have in their
258		-	government.
259		-	SECTION 11. EMERGENCY. Sections 5, 6, 7, 8, and 9 of this Act are declared to be an
260		-	emergency measure.
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