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SB 2349

A BILL for an Act to create and enact a new section to chapter 54-03 of the North Dakota Century Code, relating to limitations on the introduction of legislative bills prepared by executive branch agencies and the judicial branch.

69th Legislative Assembly (2025-26) Introduced by Jose Castaneda and 4 co-sponsors

The bill creates a gatekeeping review that lets Legislative Management block agency or Supreme Court bill drafts containing substantial policy changes from being introduced.

Second reading, failed to pass, yeas 17 nays 30
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WeVote Research Nonpartisan
Bill Summary · SB 2349

Summary — SB 2349 (North Dakota)

A bill to create and enact a new section to chapter 54‑03 of the North Dakota Century Code, establishing a review process and limits on the introduction of legislative bill drafts prepared by executive branch agencies and the judicial branch.

Purpose

To establish a procedural gatekeeping process by which bill drafts prepared by executive agencies and the Supreme Court are filed, reviewed, and either accepted for introduction or blocked if they contain a “substantial policy change.” The intent is to give the Legislative Assembly (through legislative management) a formal mechanism to screen agency/judicial bill drafts before those drafts are treated as introduced legislation.

Key provisions

  • Definition: “Substantial policy change” means an alteration or modification to a statute that renders the statute significantly different or transformed.
  • Filing deadline: On or before November 1 of each even‑numbered year, each executive agency and the Supreme Court may file with the Legislative Council any bill draft the entity desires to introduce during the regular legislative session. Drafts filed under this section may not include an appropriation.
  • Routing: Upon receipt, the Legislative Council forwards each agency/judicial bill draft to the chairman of Legislative Management.
  • Review meeting: By November 20 of each even‑numbered year the chairman must call a Legislative Management meeting to review each submitted bill draft and determine whether it contains a substantial policy change.
  • Default introduction rule: A bill draft is deemed introduced by Legislative Management unless a majority of members present and voting determine the draft contains a substantial policy change (i.e., a majority can prevent introduction).
  • Placement in law: The bill creates and adds this new section to chapter 54‑03 of the North Dakota Century Code.

Who is affected

  • Executive branch agencies and the North Dakota Supreme Court — must comply with filing deadlines and are limited from submitting drafts that include appropriations.
  • Legislative Council and Legislative Management — receive, review, and vote on whether drafts contain substantial policy changes and thereby control whether drafts are deemed introduced.
  • Legislators and the public — could see fewer agency‑originated substantive policy proposals coming directly into the Legislature unless approved by Legislative Management.

Procedural/timeline aspects

  • Filing required by Nov. 1 (even‑numbered years); review meeting called by Nov. 20 of those years.
  • The law establishes a presession vetting step prior to regular session consideration.
  • Records associated with this bill show it was introduced March 12, 2025. (Note: legislative record entries provided to the analyst include mixed items and duplicate bill numbers from other jurisdictions; the bill’s reported procedural status included a second reading vote recorded as failed—yeas 17, nays 30—on 2025‑02‑24 in the provided timeline. Confirm current enactment status with the official North Dakota legislative website.)

Potential impacts and considerations

  • Increases legislative control over the flow of agency/judicial‑originated legislation and may limit agencies’ ability to introduce major policy changes without prior legislative approval.
  • The statutory term “substantial policy change” is subjective; its interpretation will determine how restrictive the gatekeeping function becomes.
  • Prohibiting appropriations in drafts filed under this process keeps budget proposals out of this channel but may require agencies to use other mechanisms for appropriation requests.

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

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