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HB 1232

A BILL for an Act to amend and reenact subsection 12 of section 57-02-01 of the North Dakota Century Code, relating to the definition of residential property; and to provide an effective date.

69th Legislative Assembly (2025-26) Introduced by Mike Brandenburg and 6 co-sponsors

If a locality allows bag fees, retailers must issue receipts itemizing the fee and number of bags, with penalties up to $1,000 for repeat violations.

Second reading, failed to pass, yeas 0 nays 45
0
WeVote Research Nonpartisan
Bill Summary · HB 1232

Summary — HB 1232: Local Government — Fees, Receipts, and Penalties for Plastic and Paper Carryout Bags

Status: Introduced November 12, 2024; effective date in bill — October 1, 2025. (Bill as introduced by Delegate Conaway; applies to counties/municipalities that enact local bag-fee laws.)

Purpose

To standardize consumer disclosure and establish civil‑penalty enforcement at the local level when local law authorizes or requires retailers to charge a fee for providing plastic or paper carryout bags. The bill does not itself impose a statewide bag fee or ban; rather it sets requirements that local governments must adopt if they allow retail bag fees.

Key provisions

  • Applicability: Applies to any county or municipality that enacts a local law authorizing or requiring retailers to charge a fee at point of sale for plastic or paper carryout bags.
  • Retailer receipt requirement: A retailer that charges such a bag fee must provide a receipt to the customer that clearly identifies:
    • the fee amount charged, and
    • the number of plastic or paper carryout bags issued to the customer.
    • “Retailer” is defined as a person engaged in the retail sale of goods.
  • Enforcement & penalties: Localities must provide enforcement through civil penalties applied to retailers for violations:
    • First offense: up to $250
    • Second offense: up to $500
    • Third or subsequent offense: up to $1,000

Who is affected

  • Retailers in counties/municipalities that adopt bag‑fee ordinances — they must provide clearer receipts and face tiered civil penalties for noncompliance.
  • Local governments — required to include the receipt requirement and penalty scheme in their implementing ordinances and to enforce violations.
  • Consumers — will receive itemized receipts showing bag fees and counts where local ordinances adopt such a fee.

Fiscal and administrative impact

  • State: no material fiscal or operational impact.
  • Local governments: potential modest increase in local revenues to the extent civil penalties are levied; local expenditures are not expected to be materially affected per the fiscal note.
  • Small businesses: minimal fiscal impact expected (administrative change to receipts and potential exposure to penalties).

Context

  • The Department of Legislative Services noted several Maryland jurisdictions already have bag bans/fees (e.g., Anne Arundel, Baltimore City & County, Howard, Montgomery, Prince George’s, and several municipalities). HB 1232 aligns receipt disclosure and enforcement practices for jurisdictions that choose to impose bag fees.

If you want, I can draft suggested ordinance language localities could use to implement the receipt and penalty requirements or prepare a one‑page handout for retailers explaining compliance steps.

Compiled from official sources — confirm details with the bill’s official record.

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