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SB 2315

A BILL for an Act to create and enact a new section to chapter 54-05.1 of the North Dakota Century Code, relating to restrictions on legislative lobbyists; to amend and reenact section 54-05.1-07 of the North Dakota Century Code, relating to penalties for legislative lobbyists; and to provide a penalty.

69th Legislative Assembly (2025-26)

SB 2315 restricts lobbyists from entering legislative chambers during sessions unless in the balcony or with majority leader permission, and adds civil penalties for violations.

Second reading, failed to pass, yeas 1 nays 46
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WeVote Research Nonpartisan
Bill Summary · SB 2315

Summary — SB 2315 (North Dakota) — Restrictions on Legislative Lobbyists; Penalties

Status: Introduced March 11, 2025; second reading — failed to pass (yeas 1, nays 46). Companion: HB 5590.

Note: the materials provided also included unrelated text from an Illinois bill. The summary below concerns the North Dakota Senate Bill 2315 (Sixty‑ninth Legislative Assembly), introduced by Senator Magrum (with Representatives S. Olson and Hendrix).

Purpose

SB 2315 would add a restriction on registered legislative lobbyists’ physical access to the legislative chambers during sessions and would modify the penalty scheme for certain lobbying statute violations — converting some offenses from criminal misdemeanors to infractions and authorizing civil penalties assessed by the Secretary of State.

Key provisions

  • New access restriction (new section to NDCC ch. 54‑05.1)
    • Individuals required to register as lobbyists are prohibited from entering the House or Senate chambers during a regular or special legislative session unless:
    • They are present in the balconies of the House or Senate; or
    • They have written permission from the chamber’s majority leader to enter the majority leader’s office.
  • Amendment to penalties (amends NDCC 54‑05.1‑07)
    • Generally, violations of chapter 54‑05.1 remain punishable as a class B misdemeanor.
    • However, violations of NDCC 54‑05.1‑02, 54‑05.1‑03, or the new access‑restriction section would instead be treated as infractions (a less serious offense).
    • The Secretary of State may assess a civil penalty (in addition to any registration fee) — up to twice the amount specified in subdivision e of subsection 1 of NDCC 54‑05.1‑03 that is chargeable to a lobbyist (i.e., up to twice the statutory registration fee).
    • Any assessed civil penalty must be paid before a certificate of registration is issued.
    • Appeals of civil penalty assessments are limited: they may be brought in district court (county of residence or Burleigh County) only on the narrow ground that the Secretary of State’s administrative determination that the person acted as a lobbyist when not registered was “clearly erroneous.”

Who would be affected

  • Primary: individuals required to register as legislative lobbyists in North Dakota.
  • Secondary: legislative leaders (who may grant written permission), the Secretary of State’s office (enforcement/collection), and lobbyist employers/clients who may bear costs or access limitations.

Enforcement and procedure

  • Civil penalties are administered and collected by the Secretary of State and must be satisfied before issuance of a registration certificate.
  • The appeal standard for civil assessments is restrictive (clear‑error review).
  • The bill reduces criminal exposure for certain violations by reclassifying them as infractions while adding a civil penalty mechanism.

Potential implications / considerations

  • Access: The bill narrows where lobbyists may be physically present during sessions, potentially limiting in‑chamber interactions with legislators while permitting balcony presence and controlled access via majority‑leader permission.
  • Enforcement: Shifting some violations to infractions reduces criminal penalties but introduces administrative civil penalties and a precondition of payment for registration.
  • Legal standard: The limited appeal ground may constrain judicial review of administrative determinations that someone acted as a lobbyist without registration.

Legislative status (selected)

  • Introduced March 11, 2025; read first time and referred to committee. Recorded as failing second reading (yeas 1, nays 46).

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

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