North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2029 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	25.0224.~~06000~~
	1	+	25.0224.05000
2	2		Sixty-ninth
3	3		Legislative Assembly
4	4		of North Dakota
5	5		Introduced by
6	6		Legislative Management
7	7		(Government Finance Committee)
8	8		A BILL for an Act to create and enact a new subsection to section 30.1-28-07 and chapter 54-68
9	9		of the North Dakota Century Code, relating to an office of guardianship and conservatorship and
10	10		the removal of a guardian; to amend and reenact section 30.1-29-15 and subsection 1 of
11	11		section 50-24.1-07 of the North Dakota Century Code, relating to the removal of a conservator
12		-	and the recovery of medical assistance expenses; to repeal chapter 27-27 and section
13		-	54-68-02.1 of the North Dakota Century Code, relating to the task force on guardianship
14		-	monitoring and transition requirements; to provide a penalty; to provide for a report; to provide
15		-	an appropriation; to provide a continuing appropriation; to provide for a transfer; and to provide
16		-	an effective date.
	12	+	and the recovery of medical assistance expenses; to repeal chapter 27-27 of the North Dakota
	13	+	Century Code, relating to the task force on guardianship monitoring; to provide a penalty; to
	14	+	provide for a report; to provide an appropriation; and to provide a continuing appropriation.
17	15		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
18	16		SECTION 1. A new subsection to section 30.1-28-07 of the North Dakota Century Code is
19	17		created and enacted as follows:
20	18		The court may order a guardian to be listed on a registry if the court removed the
21	19		guardian for good cause. A guardian listed on the registry is disqualified from acting as
22	20		a guardian in any guardianship proceeding. The court shall send a copy of the order to
23	21		the state court administrator, who shall maintain and administer the registry. This
24	22		subsection does not apply to a licensed guardian. For purposes of this subsection, a
25	23		licensed guardian includes a guardian whose license has been suspended but
26	24		excludes a guardian whose license is revoked.
27	25		SECTION 2. AMENDMENT. Section 30.1-29-15 of the North Dakota Century Code is
28	26		amended and reenacted as follows:
29		-	Page No. 1 25.0224.06000
	27	+	30.1-29-15. (5-415) Death, resignation, or removal of conservator.
	28	+	1.The court may remove a conservator for good cause, upon notice and hearing, or
	29	+	accept the resignation of a conservator. After a conservator's death, resignation, or
	30	+	Page No. 1 25.0224.05000
30	31		REENGROSSED SENATE BILL NO. 2029
31	32		SECOND ENGROSSMENT
32	33		with House Amendments
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	55	+	22 Sixty-ninth
54	56		Legislative Assembly
55		-	30.1-29-15. (5-415) Death, resignation, or removal of conservator.
56		-	1.The court may remove a conservator for good cause, upon notice and hearing, or
57		-	accept the resignation of a conservator. After a conservator's death, resignation, or
58	57		removal, the court may appoint another conservator. A conservator so appointed
59	58		succeeds to the title and powers of the predecessor.
60	59		2.The court may order a conservator to be listed on a registry if the court removed the
61	60		conservator for good cause. A conservator listed on the registry is disqualified from
62	61		acting as a conservator in any conservatorship proceeding. The court shall send a
63	62		copy of the order to the state court administrator, who shall maintain and administer
64	63		the registry. This subsection does not apply to a licensed conservator. For purposes of
65	64		this subsection, a licensed conservator includes a conservator whose license has
66	65		been suspended but excludes a conservator whose license is revoked.
67	66		SECTION 3. AMENDMENT. Subsection 1 of section 50-24.1-07 of the North Dakota
68	67		Century Code is amended and reenacted as follows:
69	68		1.On the death of any recipient of medical assistance who was a resident of a nursing
70	69		facility, intermediate care facility for individuals with intellectual disabilities, or other
71	70		medical institution and with respect to whom the department determined that resident
72	71		reasonably was not expected to be discharged from the medical institution and to
73	72		return home, or who was fifty-five years of age or older when the recipient received the
74	73		assistance, and on the death of the spouse of the deceased recipient, the total amount
75	74		of medical assistance paid on behalf of the recipient following the institutionalization of
76	75		the recipient who cannot reasonably be expected to be discharged from the medical
77	76		institution, or following the recipient's fifty-fifth birthday, as the case may be, must be
78	77		allowed as a preferred claim against the decedent's estate after payment, in the
79	78		following order, of:
80	79		a.Recipient liability expense applicable to the month of death for nursing home or
81	80		basic care services;
82	81		b.Funeral expenses not in excess of three thousand five hundred dollars;
83	82		c.Expenses of the last illness, other than those incurred by medical assistance;
84	83		d.Expenses of administering the estate, including attorney's fees approved by the
85	84		court;
86		-	Page No. 2 25.0224.06000
	85	+	e.Claims made under chapter 50-01;
	86	+	f.Claims made under chapter 50-24.5;
	87	+	g.Claims made under chapter 50-06.3 and on behalf of the state hospital; and
	88	+	Page No. 2 25.0224.05000
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117	119		31 Sixty-ninth
118	120		Legislative Assembly
119		-	e.Claims made under chapter 50-01;
120		-	f.Claims made under chapter 50-24.5;
121		-	g.Claims made under chapter 50-06.3 and on behalf of the state hospital; and
122	121		h.Claims made under chapter 54 - 68; and
123	122		i.Claims made under subsection 4.
124	123		SECTION 4. Chapter 54-68 of the North Dakota Century Code is created and enacted as
125	124		follows:
126	125		54 - 68 - 01. Definitions.
127	126		As used in this chapter:
128	127		1."Agency permit" means temporary authorization given by the office to an employee of
129	128		a professional guardianship or professional conservatorship entity which allows the
130	129		permitholder to provide guardianship or conservatorship services as an agent of the
131	130		entity.
132	131		2."Identifiable information" means an individual's personal details, including the
133	132		individual's name, address, telephone number, facsimile number, social security
134	133		number, electronic mail address, program identification number, or any other unique
135	134		identifying number, characteristic, or code, and any demographic information collected
136	135		about the individual.
137	136		3."Investigation counsel" means the guardianship and conservatorship counsel.
138	137		4."Licensed conservator" means a person licensed by the office to provide
139	138		conservatorship services.
140	139		5."Licensed guardian" means a person licensed by the office to provide guardianship
141	140		services.
142	141		6."Office" means the office of guardianship and conservatorship.
143	142		7."Public conservator" means a conservator under contract with the office to provide
144	143		conservatorship services for an individual eligible for public services.
145	144		8."Public guardian" means a guardian under contract with the office to provide
146	145		guardianship services for an individual eligible for public services.
147	146		9."Public services" means state or federally funded programs administered by the office
148	147		available to eligible individuals.
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181	148		10."Review board" means the guardianship and conservatorship review board
182	149		established under section 54 - 68 - 03.
183	150		11."Unlicensed conservator" means a person providing conservatorship services without
184	151		a conservator license.
185		-	12."Unlicensed guardian" means a person providing guardianship services without a
186		-	guardian license.
187		-	54 - 68 - 02. Office of guardianship and conservatorship - Purpose - Powers and duties -
188		-	Report - Audit.
189		-	1.The office, in its capacity of supervising and directing guardianship and
190		-	conservatorship, shall operate independently of any state agency that provides
191		-	services to individuals under guardianship or conservatorship. The office shall
192		-	administer programs assigned by state law. The office may adopt rules to administer
193		-	and enforce this chapter.
194		-	2.The office shall:
195		-	a.Develop policies and procedures, including eligibility criteria, for:
196		-	(1)Receiving public services;
197		-	(2)A public guardian or a public conservator;
198		-	(3)A licensed guardian or a licensed conservator; and
199		-	(4)Distribution of funding for direct payments and expense reimbursements for
200		-	public services.
201		-	b.Develop ethical standards for:
202		-	(1)A licensed guardian or a licensed conservator; and
203		-	(2)An unlicensed guardian or an unlicensed conservator.
204		-	c.Develop policies and procedures for proceedings when a guardian or a
205		-	conservator is unable to fulfill the duties of a guardian or a conservator.
206		-	d.Keep accurate records of all financial transactions performed under this chapter
207		-	in the manner required by the office of management and budget.
208		-	e.Provide a report each biennium to the legislative management regarding the
209		-	operations of the office, including the cost of public guardians and public
210		-	conservators, and any other information requested by the legislative
211		-	management.
212		-	Page No. 4 25.0224.06000
	152	+	Page No. 3 25.0224.05000
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244	184		Legislative Assembly
	185	+	12."Unlicensed guardian" means a person providing guardianship services without a
	186	+	guardian license.
	187	+	54 - 68 - 02. Office of guardianship and conservatorship - Purpose - Powers and duties -
	188	+	Report - Audit.
	189	+	1.The office of guardianship and conservatorship, in its capacity of supervising and
	190	+	directing guardianship and conservatorship, shall operate independently of any state
	191	+	agency that provides services to individuals under guardianship or conservatorship.
	192	+	The office shall administer programs assigned by state law.
	193	+	2.The office shall:
	194	+	a.Develop policies and procedures, including eligibility criteria, for:
	195	+	(1)Receiving public services;
	196	+	(2)A public guardian or a public conservator;
	197	+	(3)A licensed guardian or a licensed conservator; and
	198	+	(4)Distribution of funding for direct payments and expense reimbursements for
	199	+	public services.
	200	+	b.Develop ethical standards for:
	201	+	(1)A licensed guardian or a licensed conservator; and
	202	+	(2)An unlicensed guardian or an unlicensed conservator.
	203	+	c.Develop policies and procedures for proceedings when a guardian or a
	204	+	conservator is unable to fulfill the duties of a guardian or a conservator.
	205	+	d.Keep accurate records of all financial transactions performed under this chapter
	206	+	in the manner required by the office of management and budget.
	207	+	e.Provide a report each biennium to the legislative management regarding the
	208	+	operations of the office, including the cost of public guardians and public
	209	+	conservators, and any other information requested by the legislative
	210	+	management.
245	211		3.The office may:
246	212		a.Recommend rules applicable to a licensed guardian or a licensed conservator.
247	213		b.Grant licenses to a guardian or conservator and agency permits, including
248	214		revoking or suspending an agency permit.
249		-	c.Require insurance or bond coverage for a licensed guardian or a licensed
250		-	conservator as a condition for licensure.
251		-	d.Establish mandatory disclosure and reporting requirements for a licensed
252		-	guardian or a licensed conservator, including a process to disclose information or
253		-	submit reports to the office.
254		-	e.Provide training for guardians and conservators.
255		-	f.Monitor guardianship and conservatorship services.
256		-	g.Provide annual reports to the governor.
257		-	h.Distribute funding for direct payments, expense reimbursements, or other public
258		-	services, including funding for public administrators.
259		-	i.Establish and collect fees to support guardianship and conservatorship services
260		-	and the duties of the office, which must be deposited in the guardianship and
261		-	conservatorship support fund.
262		-	j.Seek and apply for private, federal, or other funds to help support guardians and
263		-	conservators and to safeguard the rights of individuals who receive public
264		-	services.
265		-	k.Accept private funds for deposit in the guardianship and conservatorship support
266		-	fund.
267		-	4.The office may not authorize payment for services for any public guardian or public
268		-	conservator that provides services for more individuals than allowed through statute,
269		-	regulation, or administrative rule.
270		-	5.The office, its officers, or its employees, may not act as a public guardian or a public
271		-	conservator or act in any other representative capacity for any individual. This
272		-	subsection does not prohibit an officer or employee from acting as a guardian or
273		-	conservator in a personal capacity apart from any duties as an officer or employee.
274		-	6.The office is subject to audits by the state auditor under chapter 54 - 10.
275		-	Page No. 5 25.0224.06000
	215	+	Page No. 4 25.0224.05000
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306	246		Legislative Assembly
307		-	54 - 68 - 02.1. Transition - Requirements.
308		-	1.By March 31, 2026, the office shall:
309		-	a.Establish the guardianship and conservatorship review board.
310		-	b.Appoint an executive director and employ the necessary staff to provide office
311		-	services within the limits of legislative appropriations.
312		-	c.Develop by rule initial policies, procedures, and eligibility criteria for:
313		-	(1)Receiving public services;
314		-	(2)A public guardian or a public conservator;
315		-	(3)A licensed guardian or a licensed conservator; and
316		-	(4)Distribution of funding for direct payments and expense reimbursements for
317		-	public services.
318		-	d.Develop by rule ethical standards for:
319		-	(1)A licensed guardian or a licensed conservator; and
320		-	(2)An unlicensed guardian or an unlicensed conservator.
321		-	e.Develop by rule policies and procedures for proceedings when a guardian or a
322		-	conservator is unable to fulfill the duties of a guardian or a conservator.
323		-	f.Set by rule daily rates for fees and a reimbursement mechanism protocol.
324		-	g.Establish initial fees to support guardianship and conservatorship services and
325		-	the duties of the office.
326		-	2.The office may adopt rules necessary to facilitate the creation of the office and
327		-	assume the administration of guardianship programs.
	247	+	c.Require insurance or bond coverage for a licensed guardian or a licensed
	248	+	conservator as a condition for licensure.
	249	+	d.Establish mandatory disclosure and reporting requirements for a licensed
	250	+	guardian or a licensed conservator, including a process to disclose information or
	251	+	submit reports to the office.
	252	+	e.Provide training for guardians and conservators.
	253	+	f.Monitor guardianship and conservatorship services.
	254	+	g.Provide annual reports to the governor.
	255	+	h.Distribute funding for direct payments, expense reimbursements, or other public
	256	+	services, including funding for public administrators.
	257	+	i.Establish and collect fees to support guardianship and conservatorship services
	258	+	and the duties of the office, which must be deposited in the guardianship and
	259	+	conservatorship support fund.
	260	+	j.Seek and apply for private, federal, or other funds to help support guardians and
	261	+	conservators and to safeguard the rights of individuals who receive public
	262	+	services.
	263	+	k.Accept private funds for deposit in the guardianship and conservatorship support
	264	+	fund.
	265	+	4.The office may not authorize payment for services for any public guardian or public
	266	+	conservator that provides services for more individuals than allowed through statute,
	267	+	regulation, or administrative rule.
	268	+	5.The office, its officers, or its employees, may not act as a public guardian or a public
	269	+	conservator or act in any other representative capacity for any individual. This
	270	+	subsection does not prohibit an officer or employee from acting as a guardian or
	271	+	conservator in a personal capacity apart from any duties as an officer or employee.
	272	+	6.The office is subject to audits by the state auditor under chapter 54 - 10.
328	273		54 - 68 - 03. Review board - Director - Administrative authority - Operations committee.
329	274		1.The office shall establish a guardianship and conservatorship review board to conduct
330	275		disciplinary proceedings for a guardian or conservator. The guardianship and
331	276		conservatorship review board shall consist of:
	277	+	Page No. 5 25.0224.05000
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332	309		a.Three members representing guardians, appointed by the guardianship
333	310		association of North Dakota;
334	311		b.One member representing family guardians, appointed by the guardianship
335	312		association of North Dakota;
336	313		c.One member representing the protection and advocacy project, appointed by the
337	314		committee on protection and advocacy;
338		-	Page No. 6 25.0224.06000
	315	+	d.Two members appointed by the state bar association of North Dakota, consisting
	316	+	of:
	317	+	(1)One lawyer licensed to practice law in the state; and
	318	+	(2)One retired judge, judicial referee, or surrogate judge; and
	319	+	e.Two members of the public, appointed by the governor.
	320	+	2.The review board shall appoint an office director, who serves at the will of the review
	321	+	board. Within the limits of legislative appropriations, the director shall employ the
	322	+	necessary staff to provide office services in accordance with this chapter. The director,
	323	+	with the advice and consent of the review board, may adopt rules for administration of
	324	+	the office.
	325	+	3.The office may establish a guardianship and conservatorship counsel to investigate
	326	+	noncompliance reported under this chapter. The director of the office is the hiring
	327	+	authority for the investigation counsel.
	328	+	4.The office must create a guardianship and conservatorship operations committee to
	329	+	supervise the operations of the office and investigation counsel. The guardianship and
	330	+	conservatorship operations committee must develop and submit budgets for the office,
	331	+	review board, and investigation counsel.
	332	+	a.The guardianship and conservatorship operations committee shall consist of:
	333	+	(1)Two members of the legislative assembly, one from each chamber,
	334	+	appointed by the chairman of the legislative management;
	335	+	(2)Two members appointed by the state bar association of North Dakota,
	336	+	consisting of:
	337	+	(a)One lawyer licensed to practice law in the state; and
	338	+	(b)One retired judge, judicial referee, or surrogate judge; and
	339	+	(3)Two members appointed by the governor.
	340	+	Page No. 6 25.0224.05000
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371		-	d.Two members appointed by the state bar association of North Dakota, consisting
372		-	of:
373		-	(1)One lawyer licensed to practice law in the state; and
374		-	(2)One retired judge, judicial referee, or surrogate judge; and
375		-	e.Two members of the public, appointed by the governor.
376		-	2.The review board shall appoint an office director, who serves at the will of the review
377		-	board. Within the limits of legislative appropriations, the director shall employ the
378		-	necessary staff to provide office services in accordance with this chapter. The director,
379		-	with the advice and consent of the review board, may adopt rules for administration of
380		-	the office.
381		-	3.The office may establish a guardianship and conservatorship counsel to investigate
382		-	noncompliance under this chapter reported after April 1, 2026. The director of the
383		-	office is the hiring authority for the investigation counsel.
384		-	4.The office shall create a guardianship and conservatorship operations committee to
385		-	supervise the operations of the office and investigation counsel. The guardianship and
386		-	conservatorship operations committee shall develop and submit budgets for the office,
387		-	review board, and investigation counsel.
388		-	a.The guardianship and conservatorship operations committee shall consist of:
389		-	(1)Two members of the legislative assembly, one from each chamber,
390		-	appointed by the chairman of the legislative management;
391		-	(2)Two members appointed by the state bar association of North Dakota,
392		-	consisting of:
393		-	(a)One lawyer licensed to practice law in the state; and
394		-	(b)One retired judge, judicial referee, or surrogate judge; and
395		-	(3)Two members appointed by the governor.
396	373		b.Initially, members of the guardianship and conservatorship operations committee
397	374		shall serve staggered terms as follows:
398	375		(1)Two members shall serve a term of one year;
399	376		(2)Two members shall serve a term of two years; and
400	377		(3)Two members shall serve a term of three years.
401		-	Page No. 7 25.0224.06000
	378	+	c.After the expiration of initial terms, all appointments must be for a term of three
	379	+	years. A member may not serve more than two consecutive terms of three years.
	380	+	d.A member of the guardianship and conservatorship operations committee
	381	+	concurrently serving as a member of the legislative assembly shall receive
	382	+	per diem compensation in accordance with section 54 - 35 - 10.
	383	+	54 - 68 - 04. Guardianship and conservatorship support fund - Continuing
	384	+	appropriation.
	385	+	There is created in the state treasury the guardianship and conservatorship support fund.
	386	+	The fund consists of all moneys transferred to the fund by the legislative assembly, interest
	387	+	upon moneys in the fund, fee collections, donations, grants, and other contributions received for
	388	+	deposit in the fund. All moneys in the fund are appropriated on a continuing basis to the office to
	389	+	defray the expenses of supporting guardianship and conservatorship services, including
	390	+	guardianship and conservatorship training and monitoring.
	391	+	54 - 68 - 05. Records - Confidentiality - Disclosure - Penalty.
	392	+	1.Identifiable information concerning an individual who is applying for or receiving public
	393	+	services under this chapter is confidential and may be disclosed only:
	394	+	a.In the administration of any program under the supervision or administration of
	395	+	the office.
	396	+	b.When authorized by a policy of the office.
	397	+	c.When allowed or required by rule or law.
	398	+	2.A report concerning an applicant, provider, or recipient of public services is confidential
	399	+	if the report is made in good faith and may be disclosed only to:
	400	+	a.Authorized staff and agents of the office, who may further disclose the
	401	+	information to a person that has a definite interest in the well-being of the
	402	+	individual concerned, is in a position to serve the individual's interests, and that
	403	+	Page No. 7 25.0224.05000
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433		-	c.After the expiration of initial terms, all appointments must be for a term of three
434		-	years. A member may not serve more than two consecutive terms of three years.
435		-	d.A member of the guardianship and conservatorship operations committee
436		-	concurrently serving as a member of the legislative assembly shall receive
437		-	per diem compensation in accordance with section 54 - 35 - 10.
438		-	54 - 68 - 04. Guardianship and conservatorship support fund - Continuing
439		-	appropriation.
440		-	There is created in the state treasury the guardianship and conservatorship support fund.
441		-	The fund consists of all moneys transferred to the fund by the legislative assembly, interest
442		-	upon moneys in the fund, fee collections, donations, grants, and other contributions received for
443		-	deposit in the fund. All moneys in the fund are appropriated on a continuing basis to the office to
444		-	defray the expenses of supporting guardianship and conservatorship services, including
445		-	guardianship and conservatorship training and monitoring.
446		-	54 - 68 - 05. Records - Confidentiality - Disclosure - Penalty.
447		-	1.Identifiable information concerning an individual who is applying for or receiving public
448		-	services under this chapter is confidential and may be disclosed only:
449		-	a.In the administration of any program under the supervision or administration of
450		-	the office.
451		-	b.When authorized by a policy of the office.
452		-	c.When allowed or required by rule or law.
453		-	2.A report concerning an applicant, provider, or recipient of public services is confidential
454		-	if the report is made in good faith and may be disclosed only to:
455		-	a.Authorized staff and agents of the office, who may further disclose the
456		-	information to a person that has a definite interest in the well-being of the
457		-	individual concerned, is in a position to serve the individual's interests, and that
458	435		needs to know the contents of the records to assure the well-being and interests
459	436		of the individual concerned.
460	437		b.An individual who is the subject of the report, if the identity of the person
461	438		reporting or supplying information under this chapter is protected until the
462	439		information is needed for use in an administrative, legal, or disciplinary
463	440		proceeding arising out of the report.
464		-	Page No. 8 25.0224.06000
	441	+	c.A public official and the public official's authorized agent who requires the
	442	+	information in connection with the discharge of official duties.
	443	+	d.A court when the court determines the information is necessary for the
	444	+	determination of an issue before the court.
	445	+	e.The investigation counsel.
	446	+	3.The investigation counsel may disclose information uncovered during a disciplinary
	447	+	investigation to the attorney general or bureau of criminal investigation related to a
	448	+	criminal investigation when the investigation counsel suspects the subject of the
	449	+	investigation has committed a crime.
	450	+	4.A person that discloses, authorizes, or knowingly allows, participates in, or acquiesces
	451	+	in the disclosure of confidential information in violation of this section is guilty of a
	452	+	class C felony.
	453	+	54 - 68 - 06. Guardianship and conservatorship limitations - Representation to the
	454	+	public - Exemption.
	455	+	1.A person may not serve as a guardian or a conservator for three or more adult
	456	+	individuals at the same time unless that person is a licensed guardian or a licensed
	457	+	conservator or has an agency permit. This subsection does not apply to an individual
	458	+	appointed as a guardian or conservator for a family member.
	459	+	2.A public guardian or a public conservator may not provide services to a minor unless
	460	+	authorized by a proceeding under section 30.1 - 28 - 03.3.
	461	+	3.A person must be a licensed guardian or a licensed conservator to offer guardianship
	462	+	or conservatorship services to the public.
	463	+	4.This section does not apply to:
	464	+	a.A federal or state agency.
	465	+	b.A financial institution under section 6 - 08.1 - 01 when appointed as a conservator.
	466	+	Page No. 8 25.0224.05000
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495	497		31 Sixty-ninth
496	498		Legislative Assembly
497		-	c.A public official and the public official's authorized agent who requires the
498		-	information in connection with the discharge of official duties.
499		-	d.A court when the court determines the information is necessary for the
500		-	determination of an issue before the court.
501		-	e.The investigation counsel.
502		-	3.The investigation counsel may disclose information uncovered during a disciplinary
503		-	investigation to the attorney general or bureau of criminal investigation related to a
504		-	criminal investigation when the investigation counsel suspects the subject of the
505		-	investigation has committed a crime.
506		-	4.A person that discloses, authorizes, or knowingly allows, participates in, or acquiesces
507		-	in the disclosure of confidential information in violation of this section is guilty of a
508		-	class C felony.
509		-	54 - 68 - 06. Guardianship and conservatorship limitations - Representation to the
510		-	public - Exemption.
511		-	1.A person may not serve as a guardian or a conservator for three or more adult
512		-	individuals at the same time unless that person is a licensed guardian or a licensed
513		-	conservator or has an agency permit. This subsection does not apply to an individual
514		-	appointed as a guardian or conservator for a family member.
515		-	2.A public guardian or a public conservator may not provide services to a minor unless
516		-	authorized by a proceeding under section 30.1 - 28 - 03.3.
517		-	3.A person must be a licensed guardian or a licensed conservator to offer guardianship
518		-	or conservatorship services to the public.
519		-	4.This section does not apply to:
520		-	a.A federal or state agency.
521		-	b.A financial institution under section 6 - 08.1 - 01 when appointed as a conservator.
522	499		c.Human service zones, including human service zone directors or human service
523	500		zone team members, as defined in section 50 - 01.1 - 01.
524	501		5.A person who violates this section after August 1, 2026, is guilty of a class B
525	502		misdemeanor.
526		-	Page No. 9 25.0224.06000
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556		-	Legislative Assembly
557	503		54 - 68 - 07. Immunity.
558	504		1.A person who in good faith provides information or testimony regarding a guardian's or
559	505		conservator's misconduct or lack of professionalism is not subject to civil liability.
560	506		2.An employee of the office, a member of the review board, or an agent of the review
561	507		board acting in good faith is not subject to civil liability.
562	508		54 - 68 - 08. Authority - Applicability.
563	509		1.The office may revoke or suspend a guardian or a conservator license.
564		-	2.The office ~~shall~~ establish by rule a process to appeal license denials and review board
	510	+	2.The office must establish by rule a process to appeal license denials and review board
565	511		orders.
566	512		3.Upon receipt of any report or complaint, the office shall assess the need for an
567	513		investigation of the report or complaint. For the purpose of investigating a report or
568	514		complaint:
569	515		a.The office or review board shall:
570	516		(1)Establish confidentiality and disclosure standards for investigating a report
571	517		or complaint and subsequent disciplinary proceedings.
572	518		(2)Adopt rules to effectuate the powers and duties under this chapter.
573	519		b.The office or review board may:
574	520		(1)Interview an alleged victim, witness, or any other individual with knowledge
575	521		of the situation.
576	522		(2)Access any record or information on an applicant, provider, or recipient of
577	523		public services.
578	524		(3)Issue subpoenas for the attendance of witnesses and the production of
579	525		designated documents, electronically stored information, or tangible things
580	526		in accordance with the North Dakota Rules of Civil Procedure.
581	527		(4)Order the deposition of a person residing within or outside the state to be
582	528		taken in accordance with the North Dakota Rules of Civil Procedure.
583		-	(5)Coordinate with other agencies and departments, including the attorney
584		-	general and bureau of criminal investigation.
585		-	3.A guardian or conservator subject to the jurisdiction of a court of this state shall follow
586		-	the applicable policies, procedures, and standards of the office, or other approval
587		-	Page No. 10 25.0224.06000
	529	+	Page No. 9 25.0224.05000
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617	559		30 Sixty-ninth
618	560		Legislative Assembly
	561	+	(5)Coordinate with other agencies and departments, including the attorney
	562	+	general and bureau of criminal investigation.
	563	+	3.A guardian or conservator subject to the jurisdiction of a court of this state shall follow
	564	+	the applicable policies, procedures, and standards of the office, or other approval
619	565		authority authorized by rule if the guardian or the conservator serves an adult ward,
620	566		adult protected person, or incapacitated person, as defined in title 30.1.
621	567		54 - 68 - 09. Attorney general - Counsel - Bureau of criminal investigation - Primary
622	568		authority for investigations.
623	569		1.The attorney general shall act as legal counsel in any particular investigation or
624	570		proceeding under section 54 - 12 - 02. The attorney general shall appear and defend any
625	571		officer or employee of the office and any member of the review board in any action
626	572		founded on an act or omission arising out of performance of an official duty.
627	573		2.In accordance with chapter 54 - 12, the attorney general and bureau of criminal
628	574		investigation have primary authority to investigate criminal cases related to a
629	575		guardianship or conservatorship.
630	576		54 - 68 - 10. Duty to disclose and cooperate.
631	577		1.A state and local governmental entity and its officers and employees, and the officials,
632	578		officers, and employees of the courts of this state shall disclose records and
633	579		information requested by the review board or investigation counsel or any authorized
634	580		representative of the review board or investigation counsel and shall cooperate with
635	581		and give reasonable assistance to the review board or investigation counsel and any
636	582		authorized representative of the review board or counsel unless prohibited by federal
637	583		regulation or law.
638	584		2.A sheriff or police officer shall serve process and execute all lawful orders upon
639	585		request of the office, its authorized representative, the review board, or the
640	586		investigation counsel. The service of process extends to all parts of the state in any
641	587		investigation or disciplinary proceeding under this chapter.
642	588		54 - 68 - 11. Duties of witnesses - Penalty.
643	589		1.An individual is obliged to attend as a witness in any investigation or disciplinary
644	590		proceeding commenced under this chapter.
645		-	2.If an individual refuses to attend, testify, or produce any writings or things required by
646		-	subpoena, the office, review board, or investigation counsel that issued the subpoena
647		-	may petition the district court of the district in which the attendance or production is
648		-	required for an order compelling the individual to attend and testify or produce the
649		-	writings or things required by the subpoena. The court shall order the individual to
650		-	Page No. 11 25.0224.06000
	591	+	Page No. 10 25.0224.05000
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681		-	31 Sixty-ninth
	621	+	30 Sixty-ninth
682	622		Legislative Assembly
	623	+	2.If an individual refuses to attend, testify, or produce any writings or things required by
	624	+	subpoena, the office, review board, or investigation counsel that issued the subpoena
	625	+	may petition the district court of the district in which the attendance or production is
	626	+	required for an order compelling the individual to attend and testify or produce the
	627	+	writings or things required by the subpoena. The court shall order the individual to
683	628		appear before the court at a specified time and place to show cause why the individual
684	629		has not attended, testified, or produced the writings or things as required. A copy of
685	630		the order must be served on the individual. If the court determines the subpoena was
686	631		regularly issued, the court shall order the individual to appear at the time and place
687	632		fixed in the order and testify or produce the required writings or things.
688	633		3.An individual who fails to obey an order under this section is guilty of a class A
689	634		misdemeanor.
690	635		54 - 68 - 12. Preferred claim.
691	636		1.The office has a preferred claim against the estate of an individual or an individual's
692	637		spouse for recovery of funds expended under this chapter for the care of that
693	638		individual or the individual's spouse. All funds recovered under this chapter must be
694	639		deposited in the general fund.
695	640		2.A claim may not be required to be paid and interest may not begin to accrue during the
696	641		lifetime of the decedent's surviving spouse, if any.
697	642		3.A statute of limitation or similar statute or the doctrine of laches may not bar a claim
698	643		under this chapter.
699	644		SECTION 5. REPEAL. Chapter 27-27 of the North Dakota Century Code is repealed.
700		-	SECTION 6. REPEAL. Section 54-68-02.1 of the North Dakota Century Code, as created in
701		-	Section 4 of this Act, is repealed.
702		-	SECTION 7. APPROPRIATION - OFFICE OF GUARDIANSHIP AND
	645	+	SECTION 6. APPROPRIATION - OFFICE OF GUARDIANSHIP AND
703	646		CONSERVATORSHIP - FULL-TIME EQUIVALENT POSITION AUTHORIZATION. The funds
704	647		provided in this section, or so much of the funds as may be necessary, are appropriated out of
705	648		any moneys in the general fund in the state treasury, not otherwise appropriated, to the office of
706	649		guardianship and conservatorship for the purpose of defraying the expenses of the office of
707	650		guardianship and conservatorship, for the biennium beginning July 1, 2025, and ending
708	651		June 30, 2027, as follows:
709	652		Office of guardianship and conservatorship $1,200,000
710		-	Total general fund $1,200,000
711		-	Full-time equivalent positions 4.00
712		-	SECTION 8. TRANSFER. The office of management and budget shall transfer any unspent
713		-	appropriation authority and full-time equivalent positions authorized for the office of
714		-	Page No. 12 25.0224.06000
	653	+	Page No. 11 25.0224.05000
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745		-	31 Sixty-ninth
	683	+	30 Sixty-ninth
746	684		Legislative Assembly
747		-	guardianship and conservatorship line item in Senate Bill No. 2002 to the office of guardianship
748		-	and conservatorship, for the biennium beginning July 1, 2025, and ending June 30, 2027.
749		-	SECTION 9. TRANSFER. The office of management and budget shall transfer any unspent
750		-	appropriation authority for guardianship related services and grants from the department of
751		-	health and human services in House Bill No. 1012 to the office of guardianship and
752		-	conservatorship, for the biennium beginning July 1, 2025, and ending June 30, 2027.
753		-	SECTION 10. TRANSFER. The office of management and budget shall transfer any
754		-	unspent appropriation authority from the guardianship grants line item in Section 1 of House Bill
755		-	No. 1015 to the office of guardianship and conservatorship, for the biennium beginning July 1,
756		-	2025, and ending June 30, 2027.
757		-	SECTION 11. EFFECTIVE DATE.
758		-	1.Sections 54-68-06, 54-68-08, and 54-68-09, as created in Section 4 of this Act,
759		-	become effective on April 1, 2026.
760		-	2.Sections 6, 8, 9, and 10 of this Act become effective on April 1, 2026.
761		-	Page No. 13 25.0224.06000
	685	+	Establishment costs - indigents 1,550,000
	686	+	Establishment costs - developmentally disabled 1,096,400
	687	+	Public guardian and conservator fees - indigents 7,100,000
	688	+	Guardianship contracts - developmentally disabled 5,500,000
	689	+	Total general fund $16,446,400
	690	+	Full-time equivalent positions 4.00
	691	+	Page No. 12 25.0224.05000
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