Bill Summary — HB 1273 (North Dakota)
Title: An Act to create and enact a new section to chapter 54‑06 of the North Dakota Century Code, relating to the prohibition of a policy, order, or ordinance that limits free speech.
Introduced: 11/13/2024
Primary sponsors (from bill text): Representatives Heilman, Bolinske, Kasper, Koppelman, Morton, Toman, Marschall; Senators Castaneda, Clemens, Van Oosting, Walen, Powers
Companion: SB 592
Status: Second reading — failed to pass (yeas 20, nays 73)
Purpose / Intent
The bill seeks to prohibit the state and political subdivisions (cities, counties) from adopting or implementing any policy, order, or ordinance that limits or prohibits an individual's speech. It expressly references and would bar "hate crime ordinances" among the types of rules that would be prohibited. The provision also preempts city or county home‑rule charters and ordinances from superseding the new section.
Key Provisions
Creates a new section in NDCC chapter 54‑06 with these principal elements:
- "Notwithstanding any other provision of law, the state or a political subdivision may not adopt or implement a policy, order, or ordinance that limits or prohibits speech of an individual, including hate crime ordinances."
- Explicitly prevents cities/counties from using home‑rule authority to override the section.
- Declares any policy, order, or ordinance that violates the section to be void.
The bill is broadly worded to cover "policies, orders, or ordinances" at state and local levels.
Who Would Be Affected
- State agencies and all local governments (cities, counties) in North Dakota — they would be barred from adopting or enforcing local speech‑restricting rules.
- Municipal and county ordinances that criminalize or penalize certain types of biased or hateful conduct via local “hate crime” provisions could be invalidated.
- Public institutions (e.g., schools, universities) and local employers that maintain speech‑related conduct or harassment policies could face limitations or challenge in enforcement.
- Residents and organizations could be affected through changes in available local regulatory tools and possible court challenges.
Procedural / Timeline Notes
- Introduced in November 2024 and advanced to second reading.
- Recorded as failing second reading (yeas 20, nays 73) and therefore did not become law in this session.
- A companion bill (SB 592) is noted; sponsors listed in the bill text indicate both House and Senate introductions.
Potential Impacts and Considerations
- The bill would broadly preempt local authority to regulate speech, including ordinances designed to address bias‑motivated crimes or harassment.
- It could create conflict with existing criminal statutes or civil ordinances that regulate threatening, harassing, or violent conduct (areas where speech is commonly subject to regulation).
- Because First Amendment jurisprudence already regulates protected/unprotected categories of speech, implementation could prompt litigation over scope and constitutionality of local restraints versus public‑safety regulations.
- Practical effects could include invalidation of existing local hate‑crime ordinances and constraints on drafting new local safety or harassment rules.
Note: The package of documents provided includes other unrelated bills from different states that also use the identifier "HB 1273" (Arkansas, Maryland, Illinois, etc.). This summary is limited to the North Dakota bill described in the bill text creating a new section in NDCC chapter 54‑06.
