North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1304

Introduced
1/13/25  

Caption

A BILL for an Act to amend and reenact sections 54-66-01 and 54-66-03 of the North Dakota Century Code, relating to an exception to the prohibition against gifts for legislator attendance at an out-of-state educational event.

Summary

HB 1304 would amend North Dakota’s ethics and lobbying gift rules to create a specific exception allowing a member of the Legislative Assembly to attend an out-of-state educational event even if the event includes a social component, so long as the member has a good-faith belief the event is objective and educational based on the information provided. The bill also states that if lobbying activity is encountered at the event, the legislator must leave or pay market value for the lobbying portion of the event. In addition, it clarifies that the general ban on lobbyist gifts does not apply to this type of legislator attendance when the statutory conditions are met. The bill would modify sections 54-66-01 and 54-66-03 of the North Dakota Century Code, which govern ethics commission definitions and lobbyist gift restrictions. It would add a definition of “out-of-state educational event” and refine the definition of “gift” to exclude certain items or services under ethics commission rules. The measure would also preserve the ethics commission’s authority to enforce the gift ban by assessing civil penalties, including penalties tied to the value of the gift. Overall sentiment is difficult to gauge because there were no recorded committee transcripts or votes in the provided materials, and the bill was ultimately withdrawn on January 17, 2025. Based on the text alone, the bill appears aimed at giving legislators a narrow, structured pathway to attend educational events outside the state without violating gift restrictions, suggesting a practical rather than expansive change to ethics law. The main point of potential contention is the balance between educational access and anti-corruption safeguards. Supporters would likely view the bill as a clarification that allows legislators to participate in legitimate policy education, while critics could worry that the exception creates a loophole for lobbyist-funded travel or events that mix education with lobbying. The requirement that legislators leave or pay market value if lobbying is encountered appears designed to address that concern, but it also signals that the line between education and lobbying may be difficult to police.

Impact

HB 1304 would have amended North Dakota Century Code sections 54-66-01 and 54-66-03 to carve out a limited exception to the lobbyist gift prohibition for legislators attending qualifying out-of-state educational events. It would have affected the ethics commission’s definitions and enforcement framework, while leaving the broader ban on lobbyist gifts in place and preserving civil penalties for violations. The practical effect would be to permit certain travel or event participation that might otherwise be treated as a prohibited gift, subject to the bill’s conditions and ethics commission rules.

Sentiment

No committee discussion or vote record was provided, so there is no documented floor or committee sentiment to summarize. The bill’s text suggests a measured, permissive approach to legislator education and travel, but its withdrawal indicates it did not advance to enactment. On balance, the measure appears to have been a targeted ethics-law adjustment rather than a broadly controversial overhaul, though the subject matter is inherently sensitive because it touches lobbyist gifts and legislator travel.

Contention

The central controversy is whether an exception for out-of-state educational events would undermine North Dakota’s restrictions on lobbyist gifts. Potential supporters would likely argue that legislators need access to objective policy education and that the bill sets guardrails by requiring a good-faith belief in the event’s educational purpose and by forcing legislators to exit or pay market value if lobbying occurs. Potential opponents would likely focus on the risk that lobbyist-sponsored travel or mixed-purpose events could be used to influence lawmakers indirectly, making enforcement and compliance difficult. The ethics commission’s role in defining acceptable conditions would also be a likely point of debate.

Companion Bills

No companion bills found.

Previously Filed As

ND HB1304

A BILL for an Act to amend and reenact sections 54-66-01 and 54-66-03 of the North Dakota Century Code, relating to an exception to the prohibition against gifts for legislator attendance at an out-of-state educational event.

ND HB1360

Complaints filed with the North Dakota ethics commission.

ND HB1360

A BILL for an Act to amend and reenact section 54-66-01, subsection 2 of section 54-66-04, and sections 54-66-05, 54-66-08, 54-66-10, and 54-66-12 of the North Dakota Century Code, relating to the enforcement process for the North Dakota ethics commission; and to repeal sections 54-66-06, 54-66-07, and 54-66-09 of the North Dakota Century Code, relating to complaints filed with the North Dakota ethics commission.

ND HB1277

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

ND HB1277

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.

ND HB1046

Ethics commission advisory opinions.

ND HB1046

A BILL for an Act to amend and reenact section 54-66-04.2 of the North Dakota Century Code, relating to ethics commission advisory opinions.

ND HB1505

Immunity from criminal prosecution, individuals' rights to appeals, confidential information, and conflicts of interest; to provide for application; and to declare an emergency.

ND HB1505

A BILL for an Act to create and enact a new section to chapter 54-03 and a new section to chapter 54-66 of the North Dakota Century Code, relating to immunity and a defense for persons related to voting on legislation and closure of matters by the ethics commission; to amend and reenact sections 12.1-13-02, 54-66-10, 54-66-12, and 54-66-18 of the North Dakota Century Code, relating to immunity from criminal prosecution, individuals' rights to appeals, confidential information, and conflicts of interest; to provide for application; and to declare an emergency.

ND SB2004

Immunity from criminal prosecution, definitions, ethics commission meetings, complaints, an informal resolution process, law enforcement referrals, findings, appeals, confidential information related to a complaint, and conflicts of interest; and to declare an emergency.

Similar Bills

No similar bills found.