North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2314 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25.0978.02000
2	2	Sixty-ninth
3	3	Legislative Assembly
4	4	of North Dakota
5	5	Introduced by
6	6	Senators Magrum, Castaneda, Enget, Paulson
7	7	Representatives S. Olson, Hoverson
8	8	A BILL for an Act to create and enact a new section to chapter 54-06 of the North Dakota
9	9	Century Code, relating to the prohibition of, investigation of, and penalty for approving a
10	10	development agreement in the state for a foreign adversary; to amend and reenact sections
11	11	11-11-70 and 40-05-26 of the North Dakota Century Code, relating to the investigation of and
12	12	penalty for approving a development agreement in the state for a foreign adversary; and to
13	13	provide a penalty.
14	14	BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
15	15	SECTION 1. AMENDMENT. Section 11-11-70 of the North Dakota Century Code is
16	16	amended and reenacted as follows:
17	17	11-11-70. Development by a foreign adversary - Prohibition - Penalty. (Expired
18	18	effective July 31, 2025)
19	19	1.A board of county commissioners, including a board in a home rule county, may not
20	20	procure, authorize, or approve a development agreement, building plan, or proposal
21	21	relating to county development with an individual or government identified as a foreign
22	22	adversary under 15 CFR 7.4(a)title 15, Code of Federal Regulations, part 791.4(a) or
23	23	a person identified on the office of foreign assets control sanctions list.
24	24	2.This section does not apply to a foreign adversary defined under subsection 1
25	25	possessing an interest in real property if the foreign adversary:
26	26	a.Is a duly registered business and has maintained a status of good standing with
27	27	the secretary of state for seven years or longer before August 1, 2023;
28	28	b.Has been approved by the committee on foreign investment in the United States;
29	29	and
30	30	c.Maintains an active national security agreement with the federal government.
31	31	Page No. 1 25.0978.02000
32	32	SENATE BILL NO. 2314
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56	56	23 Sixty-ninth
57	57	Legislative Assembly
58	58	3.If a complaint is made to the county sheriff or state's attorney alleging that an
59	59	individual has violated subsection 1, the county sheriff and state's attorney shall
60	60	investigate the matter and report the matter to the state and local intelligence center
61	61	and the federal bureau of investigation.
62	62	4.An individual who violates this section is guilty of a class C felony and prohibited from
63	63	holding any office in the state.
64	64	SECTION 2. AMENDMENT. Section 40-05-26 of the North Dakota Century Code is
65	65	amended and reenacted as follows:
66	66	40-05-26. Development by a foreign adversary - Prohibition - Penalty . (Expired
67	67	effective July 31, 2025)
68	68	1.A board of city commissioners or city council, including a board or council in a home
69	69	rule city, may not procure, authorize, or approve a development agreement, building
70	70	plan, or proposal relating to city development with an individual or government
71	71	identified as a foreign adversary under 15 CFR 7.4(a)title 15, Code of Federal
72	72	Regulations, part 791.4(a) or a person identified on the office of foreign assets control
73	73	sanctions list.
74	74	2.This section does not apply to a foreign adversary as defined in subsection 1
75	75	possessing an interest in real property if the foreign adversary:
76	76	a.Is a duly registered business and has maintained a status of good standing with
77	77	the secretary of state for seven years or longer before August 1, 2023;
78	78	b.Has been approved by the committee on foreign investment in the United States;
79	79	and
80	80	c.Maintains an active national security agreement with the federal government.
81	81	3.If a complaint is made to the county sheriff or state's attorney alleging that an
82	82	individual has violated subsection 1, the county sheriff and state's attorney shall
83	83	investigate the matter and report the matter to the state and local intelligence center
84	84	and the federal bureau of investigation.
85	85	4.An individual who violates this section is guilty of a class C felony and prohibited from
86	86	holding any office in the state.
87	87	SECTION 3. A new section to chapter 54-06 of the North Dakota Century Code is created
88	88	and enacted as follows:
89	89	Page No. 2 25.0978.02000
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122	122	Development by a foreign adversary - Prohibition - Penalty.
123	123	1.A state entity may not procure, authorize, or approve a development agreement,
124	124	building plan, or proposal relating to development of property with an individual or
125	125	government identified as a foreign adversary under title 15, Code of Federal
126	126	Regulations, part 791.4(a) or a person identified on the office of foreign assets control
127	127	sanctions list.
128	128	2.This section does not apply to a foreign adversary as defined in subsection 1
129	129	possessing an interest in real property if the foreign adversary:
130	130	a.Is a duly registered business and has maintained a status of good standing with
131	131	the secretary of state for seven years or longer before August 1, 2023;
132	132	b.Has been approved by the committee on foreign investment in the United States;
133	133	and
134	134	c.Maintains an active national security agreement with the federal government.
135	135	3.If a complaint is made to the county sheriff or state's attorney alleging that an
136	136	individual has violated subsection 1, the county sheriff and state's attorney shall
137	137	investigate the matter and report the matter to the state and local intelligence center
138	138	and the federal bureau of investigation.
139	139	4.An individual who violates this section is guilty of a class C felony and prohibited from
140	140	holding any office in the state.
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