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HB 1063

An Act amending the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law, providing for online access control measures.

2025-2026 Regular Session Introduced by Tim Brennan and 21 co-sponsors

ND PSC meetings must follow the Open Meetings Act, with two narrow exceptions and an on-site posting exemption; emergency clause makes it effective immediately.

Referred to Consumer Protection & Professional Licensure
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Bill Summary · HB 1063

Summary — HB 1063 (North Dakota)

AN ACT to create and enact a new section to chapter 49‑02 of the North Dakota Century Code, relating to public service commission requirements for open meetings; and to declare an emergency.

Main purpose

Require that meetings of the North Dakota Public Service Commission (PSC) generally be governed by the state open meetings law, while clarifying two specific exclusions and providing a limited posting exemption. The bill also contains an emergency clause so it takes effect immediately upon approval.

Key provisions

  • Adds a new section to NDCC chapter 49‑02 establishing that, “except as otherwise provided by law,” meetings of the Public Service Commission are subject to the requirements of chapter 44‑04 (North Dakota’s Open Meetings Act).
  • Clarifies that a “meeting of the public service commission” does NOT include situations when a quorum of PSC members is simply attending a standing legislative committee (i.e., attendance at a legislative committee does not by itself constitute a PSC meeting).
  • Provides an exemption from the specific open‑meetings requirement to post notice at the physical location of a meeting (NDCC § 44‑04‑20) when the meeting was not scheduled or organized by the Public Service Commission.
  • Declares the Act an emergency measure (so it becomes effective immediately upon gubernatorial approval).

Who is affected

  • Public Service Commission members and staff — their meetings are explicitly placed under the Open Meetings Act subject to the stated exceptions.
  • Members of the public and stakeholders who attend or seek notice of PSC meetings — the bill generally increases transparency by subjecting PSC meetings to open‑meetings requirements but narrows some notice obligations in limited circumstances.
  • Legislative committees — PSC members’ attendance at standing legislative committee meetings will not be treated as PSC meetings.
  • Agencies and legal counsel interacting with PSC on compliance with the Open Meetings Act.

Procedural / timeline notes

  • The bill was requested by the Public Service Commission and adopted by the Government & Veterans Affairs Committee with amendments.
  • The Senate adopted an amendment adding an emergency clause. The enrolled bill passed both chambers with emergency clause carried.
  • Enacted as law and filed with the Secretary of State (Act No. 875) in April 2025; because of the emergency clause the act is effective immediately upon approval.

Potential impact

  • Clarifies applicability of North Dakota’s open‑meetings law to the PSC, likely increasing routine transparency for PSC deliberations.
  • The legislative‑attendance clarification prevents ordinary legislative involvement by commissioners from unintentionally triggering open‑meeting procedural requirements.
  • The posting exemption narrows on‑site notice obligations when PSC members attend meetings they did not schedule or organize, which may reduce administrative burden in those specific circumstances.

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

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