North Dakota Senate Bill SB2165

North Dakota 2025-2026 Regular Session

• Introduced: 1/10/25
• Refer: 1/10/25
• Report Pass: 1/17/25
• Engrossed: 1/21/25
• Refer: 2/13/25
• Report Pass: 3/20/25
• Enrolled: 3/26/25
• Passed: 3/31/25

Caption

AN ACT to amend and reenact subsection 2 of section 12-63-04 and sections 12-63-05 and 12-63-12 of the North Dakota Century Code, relating to the powers and duties of the peace officer standards and training board and peace officer licensing fees.

Summary

SB 2165 revises North Dakota’s peace officer licensing framework by expanding and clarifying the authority of the Peace Officer Standards and Training (POST) Board. The bill updates the board’s powers to investigate alleged violations, require physical or psychological examinations of licensed officers when necessary for public safety, review relevant medical and psychological records, examine applicants and licensees under oath, adopt rules on professional conduct and licensure standards, and use board funds for training sponsorships, including up to $50,000 annually from collected fees. The bill also modernizes the fee statute by directing the board to set by rule the fees for applications, initial licenses, renewals, suspensions, reinstatements, duplicate licenses, and late fees tied to sidearm qualification, instructor renewal, and license renewal. In addition, it strengthens and clarifies grounds for adverse licensing action, including mandatory discipline for felony convictions and discretionary discipline for domestic violence, child abuse or neglect, firearms-related offenses, unjustified deadly force, false statements, mental or physical incapacity, and other violations of board rules or chapter requirements. It also preserves the right to appeal final board decisions to district court.

Impact

SB 2165 amends sections of Chapter 12-63 of the North Dakota Century Code governing peace officer licensure and the POST Board’s authority. It expands the board’s investigative and disciplinary tools, authorizes access to otherwise confidential medical and psychological information for licensure-related decisions, and refines the process for denial, suspension, revocation, probation, and reinstatement of licenses. The bill affects peace officers, applicants for licensure, the POST Board, and agencies that rely on state licensure standards for law enforcement personnel.

Sentiment

The bill appears to have broad legislative support. It passed the Senate unanimously and cleared the House by a strong margin, indicating general agreement with the need to strengthen oversight of peace officer licensing and board administration. The voting pattern suggests the measure was viewed as a public-safety and professional-standards update rather than a controversial policy shift.

Contention

There is little evidence of major controversy in the available record, but the most notable sensitive issue is the board’s authority to compel and review medical and psychological information and to use that information in licensure decisions. That authority raises privacy and due-process concerns in principle, though the bill’s strong vote totals suggest those concerns did not generate substantial opposition. Another possible point of debate is the board’s expanded discretion to discipline officers for conduct-related and mental/physical fitness issues, but no committee testimony is available here to show organized opposition.