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HB 1455

A BILL for an Act to create and enact a new section to chapter 54-36 of the North Dakota Century Code, relating to the review of introduced legislation by the Indian affairs commission and tribal consultation.

69th Legislative Assembly (2025-26) Introduced by Josh Boschee and 9 co-sponsors

The bill would require the Director of the North Dakota Indian Affairs Commission to review all introduced legislation for tribal implications and consult with affected tribal chai

Second reading, failed to pass, yeas 7 nays 40
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Bill Summary · HB 1455

HB 1455 — Summary (North Dakota version)

Status: Second reading — failed to pass (Yeas 7, Nays 40)
Introduced: November 22, 2024
Subject: Review of introduced legislation by the Indian Affairs Commission and tribal consultation (proposed new section to NDCC ch. 54‑36)
Primary sponsors: Reps. Brown, Finley‑DeVille, Holle, Ista, Dobervich, Davis; Sens. Boschee, Hogan, Marcellais, Patten

Main purpose

The bill would require the Director of the North Dakota Indian Affairs Commission (IAC) to review all legislation introduced each legislative session and to identify measures that have "tribal implications." For any measure so identified, the Director would be required to consult with the tribal chairpersons of the affected tribes. The intent is to formalize and operationalize tribal consultation in the Legislature’s bill‑review process.

Key provisions

  • Annual review: The IAC Director must review all legislation introduced during each legislative session and determine whether a measure pertains to matters with tribal implications.
  • Required consultation: If the Director determines a bill has tribal implications, the Director must consult with the tribal chairpersons of each tribe (language in earlier drafts specified consultation prior to the standing committee hearing on the measure).
  • Definitions added:
    • “Consult” — defined as direct, interactive involvement of tribal governments in policy development for matters with tribal implications; includes proactive identification and seeking of tribal input and treating that input as an integral part of decision‑making.
    • “Matters with tribal implications” — defined as a legislative measure that has a substantial direct effect on one or more tribal nations within the state or on the distribution of power and responsibilities between the state and tribal governments.

Who would be affected

  • Tribal governments and tribal chairpersons (formalizes a role in reviewing state legislation that affects tribes).
  • Indian Affairs Commission (adds a statutory duty for the Director to screen legislation and initiate consultation).
  • Legislators and legislative committees (would receive input from tribes on qualifying bills and might need to accommodate consultation timelines).
  • Any legislation affecting jurisdictional, land, natural resources, taxation, regulatory, cultural, public‑safety, or other matters that could substantially affect tribes.

Procedural and timeline implications

  • The requirement to review “each legislative session” makes the process recurring and tied to the session calendar.
  • Earlier bill language required consultation before a standing committee hearing; later drafts removed or softened the timing requirement (the engrossed version refers to review of “introduced legislation” without the explicit “before standing committee hearing” timing). That variation could affect when in the legislative process tribal input must be sought.
  • The bill does not establish specific deadlines, notice procedures, or formal timelines for the consultation itself, so operational details would be left to the IAC and tribal governments unless further rulemaking or practice fills them.

Fiscal/administrative impact

  • No explicit fiscal note in the bill text. Likely a small administrative impact on the IAC (staff time to review bills and coordinate consultations). Depending on implementation, consultation timing could introduce scheduling demands on committees and staff.

Current status / outcome

  • The bill failed on second reading (Yeas 7, Nays 40) and was not enacted in the session reported. Different drafts and committee amendments circulated during the session clarified or modified timing and scope of the consultation requirement.

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

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