Bill
HB 1277
ND HB 1277 would grant legislators immunity for votes disclosed as required, and allow the Ethics Commission to close matters and refer investigations to outside counsel.
Status: Withdrawn from further consideration. (Introduced Nov. 13, 2024.)
Purpose
- HB 1277 would have revised North Dakota’s state government ethics statutes to (1) create statutory immunity and an affirmative defense for members of the Legislative Assembly who vote on measures under certain disclosure conditions, (2) change how the North Dakota Ethics Commission handles complaints, confidentiality, and investigations, and (3) authorize the Ethics Commission executive director to refer investigations to outside counsel or investigators.
Key provisions and changes
- Immunity and affirmative defense for legislators
- Amends NDCC 12.1‑13‑02 (speculating/wagering on official action) to provide immunity from prosecution for an individual who was a legislator at the time of the official action where:
- the action was a vote in the Senate or House; and
- the legislator adhered to legislative rules requiring disclosure of a personal or private interest to the chamber leadership or the chamber.
- Creates a new section in chapter 54‑03 titled “Voting on legislation — Immunity — Affirmative defense,” specifying:
- immunity from criminal prosecution where a legislator adheres to legislative disclosure rules; and
- reliance on informal advice from an Ethics Commission staff member is an affirmative defense in prosecutions arising from such voting.
- Ethics Commission complaint and process changes
- Amends and reenacts multiple definitions in NDCC 54‑66‑01 (e.g., “accused individual,” “complainant,” “complaint,” and introduces/clarifies the term “alleged violation”).
- Revises confidentiality and record provisions (amendments to 54‑66‑12) concerning records related to alleged violations.
- Amends conflict‑of‑interest provisions relevant to the legislative assembly (54‑66‑18).
- Adds two new sections to chapter 54‑66 to permit closure of matters with issuance of guidance by the Ethics Commission and to authorize the commission’s executive director to discretionarily refer investigations to an outside attorney or investigator.
- Repeals complaint‑process sections
- Proposes repeal of NDCC sections 54‑66‑05 through 54‑66‑10 — the statutes that previously laid out the Ethics Commission’s complaint process.
Who or what would be affected
- Primary: Members of the North Dakota Legislative Assembly (immunity/defense provisions), regulated individuals (lobbyists, public officials, candidates, political committees, contributors).
- Secondary: Complainants (as redefined), the North Dakota Ethics Commission and its staff and executive director, outside counsel/investigators that could be engaged, and public transparency/oversight processes tied to ethics enforcement.
Procedural / timeline notes
- The bill would have (if enacted) declared an emergency (which would make provisions effective immediately upon enactment).
- Because the bill was withdrawn from further consideration, its provisions did not advance into law. The statute and section numbers targeted by the bill (e.g., NDCC 12.1‑13‑02; creation of a new section in chapter 54‑03; multiple amendments in chapter 54‑66; repeal of 54‑66‑05 through 54‑66‑10) identify the precise statutory locations the proposal would have changed.
Potential implications (factual framing)
- The bill would have expanded legal protection for legislators who vote after making required disclosures and who rely on informal Ethics Commission staff advice.
- It would have restructured or removed much of the existing Ethics Commission complaint procedure and given the executive director discretion to use outside investigators — changes with potential consequences for enforcement workflows, confidentiality, and public accountability.
Compiled from official sources — confirm details with the bill’s official record.
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