The Legislature adjourned the special session on October 25 after authorizing a budget to ensure the continued operation of state government.

During the three-day session, 14 bills were passed to reconstruct the legislation that was invalidated by the state Supreme Court as unconstitutional for violating a single-subject requirement.

The bills included transfers from state government funds, K-12 education funding, a $125 million incentive program for the development of a fertilizer plant, a criminal penalty for supplying drugs resulting in overdose deaths and injuries, and effective dates for transitioning the state’s public employee pension plan to a 401(k)-style plan for new hires.

Gov. Doug Burgum issued Executive Order 2023-09 calling for a special session of the Legislature to begin Monday, October 23, to authorize a budget bill to ensure the continued operation of state government.

The North Dakota Supreme Court invalidated Senate Bill 2015, which included the budget, declaring the bill unconstitutional because it violated the state constitution’s single-subject requirement for bills.

The special session is expected to last three to five days.

State Sen. Doug Larsen, his wife, and their two young children died when the small plane they were in crashed in Utah.

Larsen was first elected to the Senate in 2020 and chaired a Senate panel focused on industry and business legislation.

Larsen’s District 34 comprises Mandan, the city neighboring Bismarck to the west across the Missouri River.

District 34 Republicans will appoint a successor to fill out the remainder of Larsen’s term, through November 2024.

The 68th Legislative Assembly adjourned sine die on April 30 after passing 583 bills including two amending the ethics code.

Senate Bill 2048 requires each legislative assembly to adopt conflict of interest rules.

House Bill 1257 requires school board candidates seeking office in districts with at least 1,000 students to file financial disclosures.

This applies to more than 15 public districts, including Fargo, West Fargo, Grand Forks, and Bismarck. Both bills are effective August 1.

Bismark, North Dakota City Commissioner Mark Splonskowski is resigning effective March 20, due to conflicts of interest when he assumes the Burleigh County auditor/treasurer position in April.

Sponkowski was elected to the county post in November.

The city commission will vote at the March 14 meeting on whether to have a special election to fill his seat or appoint someone to serve out the remainder of the term.

The North Dakota Legislature adjourned the special session on November 12 after approving the redistricting maps and passing several other bills including bills banning critical race theory in schools and vaccinee mandates. This does not affect lobbyist reporting. 

North Dakota Gov. Doug Burgum has called a special session of the Legislature to begin November 8.

Lawmakers had announced a special session in September to begin November 8 but Burgum’s announcement means lawmakers will not be limited to the four days allotted under the constitution when the Legislature calls itself into session.

House Majority Leader Chet Pollert said they will determine whether a veto session will be necessary during the special session.

This does not affect lobbyist reporting.

North Dakota lawmakers announced they will convene on November 8 for a special session to adopt a redistricting plan and to allocate funds from the American Rescue Plan Act.

Gov. Doug Burgum has not called the Legislature into session as expected under House Bill 1397, which would permit lawmakers as much time as needed for the session.

If the Legislature calls itself into session, the session can only last four days.

Under the North Dakota Constitution, any bills passed after August 1 are effective 90 days after filing.

For the redistricting plan to take effect earlier, upon filing with the Office of Secretary of State, it must pass by a two-thirds vote of each house.

This does not affect lobbyist reporting.

The North Dakota Ethics Commission unanimously approved an exception to the gift ban for food or beverage with a value of $10 or less, excluding gratuity, purchased for a public official in conjunction with an informal social and educational event.

The purchased food and beverage must be consumed during the event and a state resident must be present but is not required to be the purchaser of the food or beverage.

This new exception is effective immediately.

North Dakota Secretary of State Al Jaeger approved petitions for term limits, changes to the constitutional amendment process, and to recall state House District 24 Rep. Dwight Kiefert.

The term limits petition would limit the governor and legislators to eight years of service, though lawmakers could serve up to eight years each in the House of Representatives and the Senate.

The measure also prohibits the Legislature from proposing a constitutional amendment to eliminate the term limits in the future.

The petition to change the process for constitutional amendments would raise voter approval from a simple majority to 60% and limit ballot measures to a single issue.

The petition by a group of lawmakers to recall Kiefert is in response to his vote to expel a colleague accused of sexual harassment earlier this year.

He is one of several representatives who were censured for the vote to expel Rep. Luke Simmons.

Each petition group has one year to gather the required number of signatures.

The North Dakota Ethics Commission has proposed a limited food and drink exception to the rules banning gifts between lobbyists and public officials implemented last year.

The proposed rule change adds an exception for food or beverage with a value of $10 or less, excluding gratuity, purchased for a public official in conjunction with an informal social and educational event.

The purchased food and beverage must be consumed during the event and a state resident must be present, but is not required to be the purchaser of the food or beverage.

The revised rules also define informal social and educational event as any meeting, session, or interaction occurring within the state between a public official and a state resident, including but not limited to a registered lobbyist who is a state resident, for the purpose of informing or educating the public official on a matter of interest or concern.

The proposed rule changes are open to public comment through July 9.

North Dakota Gov. Doug Burgum signed a bill amending the State Government Ethics Act to transfer authority to assess penalties for lobbyist gift and campaign contribution violations from the secretary of state to the Ethics Commission.

House Bill 1295 also makes previously mandatory penalties optional, but the lobbyist license revocation penalty for a second violation becomes mandatory if the secretary of state is notified of the violation by the Ethics Commission, a state’s attorney, or a court.

The bill also amends the North Dakota Election Code regarding campaign contribution reporting to give the secretary of state authority to audit reports if there is substantial reason to believe there are any violations.

The bill is effective immediately.

North Dakota Rep. Keith Kempenich is sponsoring a bill to add reimbursement for meals to the compensation received by lawmakers who live outside Bismarck.

The bill is being proposed just as the lobbyist gift ban approved by voters in 2018 is taking effect.

Lawmakers are currently paid $518 a month and receive $186 per day they attend sessions or committee meetings, plus reimbursement for lodging during the session.

They are also included on the state-funded employee health plan.

If passed, the bill would become effective August 1, 2021.

The North Dakota Legislature convened January 5 for the 2021 session with improvements to live streaming and remote technology, making remote testimony by the public possible.

Committee meetings and floor sessions will be carried live.

House and Senate floor sessions have been live-streamed, archived, and indexed online.

Anyone wishing to testify remotely must register online.

In-person testimony may be permitted by the committee chair, although committee rooms will have limited seating due to social distancing, and masks are required.

State lawmakers may participate remotely from home if infected, or from office space in the Capitol if desired.

While some lobbyists have indicated they may testify remotely, no lawmakers have indicated an intent to work remotely.