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Bill > HB1277


ND HB1277

ND HB1277
The complaint process of the ethics commission; and to declare an emergency.


summary

Introduced
01/13/2025
In Committee
01/13/2025
Crossed Over
Passed
Dead
05/03/2025

Introduced Session

69th Legislative Assembly

Bill Summary

A BILL for an Act to create and enact a new section to chapter 54-03 and two new sections to chapter 54-66 of the North Dakota Century Code, relating to immunity from criminal prosecution and an affirmative defense for individuals voting on legislation, closure of a matter and issuance of guidance by the ethics commission, and the discretionary referral of an investigation to an outside attorney or investigator by the ethics commission's executive director; to amend and reenact sections 12.1-13-02 and 54-66-01, subsection 2 of section 54-66-04, and sections 54-66-12 and 54-66-18 of the North Dakota Century Code, relating to immunity from criminal prosecution when adhering to legislative rules, definitions related to state government ethics, confidential records related to an alleged violation of an ethics law or rule, and conflicts of interest in the legislative assembly; to repeal sections 54-66-05, 54-66-06, 54-66-07, 54-66-08, 54-66-09, and 54-66-10 of the North Dakota Century Code, relating to the complaint process of the ethics commission; and to declare an emergency.

AI Summary

This bill modifies North Dakota's ethics laws and complaint processes for the state ethics commission, making several key changes. It provides immunity from criminal prosecution for legislators who disclose personal interests before voting on legislation and allows legislators to rely on informal advice from ethics commission staff as an affirmative defense in potential prosecutions. The bill revises definitions related to ethics investigations, including terms like "ethical violation" and "regulated individual," and changes how complaints and investigations are handled. Specifically, the executive director of the ethics commission can now close matters informally, issue guidance letters, and refer investigations to outside attorneys or investigators with commission permission. The bill also updates confidentiality rules for ethics investigations, making certain information confidential until a final commission order is issued, and allows for more controlled disclosure of investigative information. Additionally, the bill modifies conflict of interest rules for the legislative assembly, requiring disclosure of unique and individual interests in legislation. The bill repeals several existing sections related to the ethics commission's complaint process and declares itself an emergency measure, meaning it would take effect immediately upon passage.

Committee Categories

Military Affairs and Security

Sponsors (2)

Last Action

House Government and Veterans Affairs Hearing (10:00:00 2/7/2025 Pioneer) (on 02/07/2025)

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