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--- version:INTRODUCED
+++ version:(document, no version)
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-25.0269.01000
+25.0269.02003
+Title.04000
+Prepared by the Legislative Council
+staff for Senator Castaneda
 Sixty-ninth
+April 14, 2025
 Legislative Assembly
 of North Dakota
 Introduced by
 Senators Paulson, Luick, Weston
 Representatives Louser, D. Ruby, D. Johnston
-A BILL for an Act to amend and reenact section 44-04-19 of the North Dakota Century Code,
-relating to the opportunity to provide public comment at a meeting of a public entity.
+In place of the amendments (25.0269.02002) adopted by the House, Senate Bill No. 2180 is
+amended by amendment (25.0269.02003) as follows:
+A BILL for an Act to create and enact a new section to chapter 44-04 of the North Dakota
+Century Code, relating to the opportunity to provide public comment at a meeting of a public
+entity.
 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
-SECTION 1. AMENDMENT. Section 44-04-19 of the North Dakota Century Code is
-amended and reenacted as follows:
-44-04-19. Access to public meetings.
-Except as otherwise specifically provided by law, all meetings of a public entity must be
-open to the public. That portion of a meeting of the governing body of a public entity as defined
-in subdivision c of subsection 13 of section 44-04-17.1 which does not regard public business is
-not required to be open under this section.
-1. This section is violated when any personan individual is denied access to a meeting
-under this section, unless such refusal, implicitly or explicitly communicated, is due to
-a lack of physical space in the meeting room for the personsindividual seeking access
-or lack of electronic capacity to allow public viewing of the meeting through electronic
-means.
-2. For purposes of this section, if the meeting is held in person, the meeting room must
-be accessible to, and the size of the room must accommodate, the number of
-personsindividuals reasonably expected to attend the meeting. If the meeting is held
-by electronic means, the electronic capacity must accommodate the number of
-personsindividuals reasonably expected to attend the meeting remotely.
-3. The right of a personan individual to attend a meeting under this section includes the
-right to photograph, to record on audiotape or videotape, and to broadcast live on
-radio or television the portion of the meeting that is not held in executive session,
-provided there is no active interference with the conduct of the meeting. The exercise
-Page No. 1 25.0269.01000
- SENATE BILL NO. 2180
-
+SECTION 1. A new section to chapter 44-04 of the North Dakota Century Code is created
+and enacted as follows:
+Public comment - Regular meetings of   political subdivisions  a public entity  .
+1. At least one  -  fourth of the publicly noticed  Every   regular   meetings  meeting   of a   political
+subdivision   held per year  governing body of a city, county, township, school district,
+park district, or water resource district   must include an opportunity for an individual   in
+attendance   to provide   public comment.
+2. An individual providing comment at a meeting shall provide to the   political
+subdivision  governing body     in writing the individual's name and address.   The
+individual's   address is an exempt record.
+3. A   political subdivision may  governing body of a city, county, township, school district,
+park district, or water resource district  :
+a. Limit  May limit   a public comment   by time  only as follows, except as provided in
+subdivision     b  :
+                           (1)        B  y time   per speaker, total time for public comment, or   both.
+Page No. 1 25.0269.02003
+ENGROSSED SENATE BILL NO. 2180
+FIRST ENGROSSMENT
+PROPOSED AMENDMENTS TO
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 Sixty-ninth
 Legislative Assembly
-of this right may not be dependent upon the prior approval of the governing body.
-However, the governing body may impose reasonable limitations on recording activity
-to minimize the possibility of disruption of the meeting.
-4. For meetings subject to this section, if the meeting is held through any electronic
-means, the information necessary to join or view the meeting electronically must be
-included in the notice issued under section 44-04-20.
-5. A meeting of a public entity must include an opportunity for an individual in attendance
-to provide public comment. A public comment:
-a. May not be subject to approval by the public entity.
-b. Only may be limited by time per speaker.
-Page No. 2 25.0269.01000
+                           (2)        By     agenda topic, to the agenda  s   of the current and at least one preceding
+meeting.
+b. Develop  Shall   develop   a policy regarding public comment rules for regular
+meetings. The policy   may provide a public comment:
+(1) Must be pertinent to the   political subdivision  public entity  .
+(2) May not interfere with the orderly conduct of the regular meeting.
+(3) May not be defamatory, abusive, harassing, or unlawful.
+(4) May be prohibited if an alternative procedure exists to bring that particular
+type of public comment before the   political subdivision  public entity  , the
+public comment   includes confidential or exempt information, or the public
+comment is   otherwise prohibited by law.
+Page No. 2 25.0269.02003
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