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-25.1244.01000
-Sixty-ninth
+25.1244.01010
+Title.02000
+Prepared by the Legislative Council
+staff for Representative Lefor
+Sixty-ninth
+February 20, 2025
 Legislative Assembly
 of North Dakota
 Introduced by
 Representative Lefor
 Senator Hogue
 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 an affirmative
-defense for individuals 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; and to declare an emergency.
+chapter 54-66 of the North Dakota Century Code, relating to immunity and an affirmativea
+defense for individualspersons 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.
 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
 SECTION 1. AMENDMENT. Section 12.1-13-02 of the North Dakota Century Code is
 amended and reenacted as follows:
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 1. A personAn individual is guilty of a class A misdemeanor if during employment as a
 public servant, or within one year thereafter, in contemplation of official action by
 himselfthe individual as a public servant or by a government agency with which hethe
-individual is or has been associated as a public servant, or in reliance on information
+individual   is or has been associated as a public servant, or in reliance on information
 to which hethe individual has or had access only in histhe individual's capacity as a
 public servant, hethe individual:
 a. Acquires a pecuniary interest in any property, transaction, or enterprise which
 may be affected by suchthe information or official action;
 b. Speculates or wagers on the basis of suchthe information or official action; or
+Page No. 1 25.1244.01010
+ HOUSE BILL NO. 1505
+PROPOSED AMENDMENTS TO
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 c. Aids another individual to do any of the foregoing.
 2. A personAn individual is guilty of a class A misdemeanor if as a public servant hethe
-individual takes official action which is likely to benefit himthe individual as a result of
+individual   takes official action which is likely to benefit himthe individual as a result of
 an acquisition of a pecuniary interest in any property, transaction, or enterprise, or of a
-Page No. 1 25.1244.01000
- HOUSE BILL NO. 1505
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 speculation or wager, which hethe individual made, or caused or aided another to
 make, in contemplation of suchthe official action.
 3. An individual is immune from prosecution under this section if:
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 action was taken;
 b. The official action was a vote on a measure in the senate or house of
 representatives or a legislative committee; and
-c. The individual adhered to legislative rules requiring an individual to disclose a
-personal or private interest to the member's respective chamber of the legislative
-assembly, legislative committee, the president of the senate, or the speaker of
-the house.
+c. The individual adhered to   legislative rules  section 54  -  66  -  18   requiring an individual
+to disclose a   personal or private  potential conflict of   interest to the member's
+respective chamber of the legislative   assembly, legislative committee, the
+president of the senate, or the speaker of   the house.
 SECTION 2. A new section to chapter 54-03 of the North Dakota Century Code is created
 and enacted as follows:
-Voting on legislation - Immunity - Affirmative defense.
+Voting on legislation - Immunity -   Affirmative defense  Defense  .
 If an individual who is a member of the legislative assembly adheres to:
-1. Legislative rules requiring an individual to disclose a personal or private interest to the
-member's respective chamber of the legislative assembly, a legislative committee, the
-president of the senate, or the speaker of the house, the individual is immune from
+1. Legislative rules  Section 54  -  66  -  18   requiring an individual to disclose a   personal or
+private  potential conflict of   interest to the   member's respective chamber of the
+legislative assembly, a legislative committee, the   president of the senate, or the
+speaker of the house, the individual   is  and an "organization" for which the individual is
+an "agent"  ,   as those terms are defined under section 12.1  -  03  -  04  ,   are   immune from
 criminal prosecution under the laws of this state for an offense arising from the
 individual voting on a measure in a legislative committee, the senate, or the house of
 representatives.
-2. Informal advice from a staff member of the ethics commission, reliance on the advice
-is an affirmative defense in a prosecution for an offense arising from the individual
-voting on a measure in a legislative committee, the senate, or the house of
-representatives.
-SECTION 3. A new section to chapter 54-66 of the North Dakota Century Code is created
-and enacted as follows:
-Issuance of alleged violation - Closure of the matter.
- Upon completion of an informal investigation, the executive director shall close the matter or
-prepare a request to the commission to issue an alleged violation. The executive director may
-close the matter at any time during the enforcement action.
-Page No. 2 25.1244.01000
+2. Informal   advice  guidance   from   a staff member  the executive director   of the ethics
+commission, reliance on the   advice  informal   guidance     is   an affirmative  a   defense in a
+prosecution for an offense arising from the individual   voting on a measure in a
+legislative committee, the senate, or the house of   representatives  , if:
+Page No. 2 25.1244.01010
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+                  a.        The individual acts in good faith; and
+                  b.        The material facts surrounding the   conduct   are substantially the same as the
+conduct presented in the informal guidance  .
+        3.        Written guidance from the executive director of the ethics commission issued under
+the rules of the ethics commission, reliance on the written guidance   is a defense in a
+prosecution for an offense arising from the individual   voting on a measure in a
+legislative committee, the senate, or the house of   representatives  .
+SECTION 3. A new section to chapter 54-66 of the North Dakota Century Code is created
+and enacted as follows:
+Issuance of alleged violation - Closure of the matter.
+ Upon completion of an informal investigation, the executive director shall   prepare a report
+and recommendation to the commission to   close the matter or   prepare a request to the
+commission to   issue an alleged violation. The   executive director  commission   may   issue an
+alleged violation, require additional informal investigation, or     close the matter   at  . At   any time
+during the enforcement action  , the   commission may settle and close the matter. A settlement
+may include the issuance of an ad  visory opinion pursuant to section 54  -  66  -  04.2 or informal
+guidance pursuant to the rules of the commission  .
 SECTION 4. AMENDMENT. Section 54-66-10 of the North Dakota Century Code is
 amended and reenacted as follows:
 54-66-10. Appeals.
 An accused individual may appeal a finding of the ethics commission order to the district
 court of the county where the accused individual resides, the district court in Burleigh County, or
 a district court of the county in which a substantial part of the subject matter of the alleged
-violation occurred within thirty days after notice of the commission order.
+violation occurred within thirty days after notice of the commission order  .
 SECTION 5. AMENDMENT. Section 54-66-12 of the North Dakota Century Code is
 amended and reenacted as follows:
 54-66-12. Confidential information.
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 section 44-04-17.1 when in the possession of the commission, unless the commission
 has determined the accused individual violated article XIV of the Constitution of North
 Dakota, this chapter, or another law or rule regarding transparency, corruption,
-elections, or lobbying,issued an order in the relevant matter and a court affirmed the
-determinationorder if appealed, except the informationrecords may be disclosed as
-required by law, as allowed under this chapter, or as necessary to conduct an
-investigation arising from a complaint:
-a. InformationRecorded facts relating to an allegation of a violation of article     XIV of
-the Constitution of North Dakota, this chapter, or another law or rule regarding
-transparency, corruption, elections, or lobbying which were submitted to the
-commission by an individual;
-b. A record prepared for the commission by the commission's staff or agents to help
-the commission determine whether to issue an alleged violation;
-c. A record revealing the contents of a complaint;
-b. Information
-d. A record that reasonably may be used to identify an accused individual; and
-c. Information
-e. A record relating to or created as part of an investigation of a complaint.
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-2. If a complaint is informally resolved under section 54-66-07, the following information
-is a confidential record as defined in section 44-04-17.1 when in the possession of the
-commission:
-a. InformationA record revealing the contents of the complaint;
-b. InformationA record that reasonably may be used to identify the accused
-individual;
-c. InformationA record relating to or created as part of the process leading to the
-informal resolution; and
-d. InformationA record revealing the informal resolution.
-3. InformationA record that reasonably may be used to identify the complainant is
-confidential unless the complainant waives confidentiality, authorizes its disclosure, or
-divulges information that reasonably would identify the complainant. InformationA
-record, including evidence under consideration by the investigator or commission,
-deemed confidential under this subsection may be disclosed as required by law or as
-necessary to conduct an investigation arising from a complaint to include disclosure of
-evidence being considered to an accused individual.
-4. The informationA record deemed confidential in subsections 1 and 2 may be disclosed
-by the ethics commission if the accused individual agrees to the disclosure.
-5. Notwithstanding this chapter:
-a. If an individual who is a member of a department, board, agency, commission, or
-other public entity is a subject of a complaint or other commission process or
-proceeding, the individual may disclose to the other members a record or other
-information reasonably necessary for the department, board, agency,
-commission, or other public entity to carry out the entity's duties.
-b. If a department, board, agency, commission, or other public entity is a subject of
-a complaint or other commission process or proceeding, a member of the entity
-may disclose to the other members a record or other information reasonably
-necessary for the department, board, agency, commission, or other public entity
-to carry out the entity's duties.
-6. Notwithstanding any statute or administrative rule, including a rule of the ethics
-commission, an individual may disclose a record or other information to the legal
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-counsel for the individual, whether in the individual  's personal or official capacity, and
+elections, or lobbying,issued   an  a final     commission   order   in the relevant matter   and a
+court affirmed the determinationfinal commission order  ,   if appealed, except the
+informationrecords may be disclosed as required by law, as allowed under this
+chapter, or as necessary to conduct an investigation arising from a complaintduring an
+enforcement action:
+a. InformationRecorded facts relating to an allegation of a violation of article     XIV of
+the Constitution of North Dakota, this chapter, or another law or rule regarding
+transparency, corruption, elections, or lobbying which were  Relevant information
+submitted to the   commission by an individual;
+b. A record  Information   prepared for the commission   by the commission's staff or
+agents   to   help   the commission   determine whether to issue an alleged violation;
+c. A record  Information   revealing the contents of a complaintan alleged violation;
+b. Information
+d. A record  Information   that reasonably may be used to identify an accused
+individuala respondent; and
+c. Information
+e. A record  Information   relating to or created as part of an investigation of a
+complaintan alleged violation.
+2. If a complaint is informally resolved under section 54-66-07, the following information
+is a confidential record as defined in section 44-04-17.1 when in the possession of the
+commission  :
+              a.    InformationA record revealing the contents of the complaint;
+              b.    InformationA record that reasonably may be used to identify the accused
+individual;
+              c.    InformationA record relating to or created as part of the process leading to the
+informal resolution; and
+              d.    InformationA record revealing the informal resolution.
+      3.    InformationA record that reasonably may be used to identify the complainantan
+individual who provides relevant information to the commission is confidential unless
+the complainantindividual waives confidentiality, authorizes its disclosure, or divulges
+information that reasonably would identify the complainantindividual. InformationA
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+record  , including evidence under consideration by the investigator or commission,
+deemed confidential under this subsection may be disclosed as required by law or as
+necessary to conduct an investigation arising from a complaint to include disclosure of
+evidence being considered to an accused individuala respondent.
+4.3. The informationA record deemed confidential in subsections 1 and 2subsection 1 may
+be disclosed by the ethicsindividual who provides relevant information to the
+commission, the respondent, and the commission if the accused individualrespondent
+agrees to the disclosure.
+      5.    Notwithstanding this chapter:
+              a.    If an individual who is a member of a department, board, agency, commission, or
+other public entity is a subject of a complaint or other commission process or
+proceeding, the individual may disclose to the other members a record or other
+information reasonably necessary for the department, board, agency,
+commission, or other public entity to carry out the entity's duties.
+              b.    If a department, board, agency, commission, or other public entity is a subject of
+a complaint or other commission process or proceeding, a member of the entity
+may disclose to the other members a record or other information reasonably
+necessary for the department, board, agency, commission, or other public entity
+to carry out the entity's duties.
+      6.    Notwithstanding any statute or administrative rule, including a rule of the ethics
+commission, an individual may disclose a record or other information to the legal
+counsel for the individual, whether in the individual's personal or official capacity, and
 to legal counsel for any department, board, agency, commission, or other public entity
 to which the individual belongs or in which the individual is employed.
-7. Notwithstanding any statute or administrative rule, during the course of any process or
+      7.    Notwithstanding any statute or administrative rule, during the course of any process or
 proceeding of the commission, an individual may disclose a record or other
 information to a codefendant, individual with common interests, or individual who
 possesses information reasonably necessary for the individual to use in the
 commission’s process or proceeding.
+        4.        The commission may disclose the information deemed confidential in subsection     1 to
+an entity with appropriate enforcement authority.
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+        5.        A record created or maintained by a public entity, other than the commission, retains
+its status as an open, closed, exempt,   or confidential record as defined in section
+44  -  04  -  17.1, notwithstanding the disclosure of the record to the ethics commission
+during an enforcement action or the relevance of the record to an enforcement action.
 SECTION 6. AMENDMENT. Section 54-66-18 of the North Dakota Century Code is
 amended and reenacted as follows:
 54-66-18. Conflicts of interest - Legislative assembly.
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 restrictive as the conflict of interest rules adopted by the ethics commission, the
 disclosure process portion of the conflict of interest rules adopted by the ethics
 commission may not apply to members of the legislative assembly.
-SECTION 7. EMERGENCY. This Act is declared to be an emergency measure.
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+SECTION 7. APPLICATION. This Act applies to actions occurring on or after the effective
+date of this Act.
+SECTION 8. EMERGENCY. This Act is declared to be an emergency measure.
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