Summary: North Dakota — HB 1356 (2025 session)
Note: Multiple jurisdictions used the bill number “HB 1356” in 2025; this summary addresses the North Dakota proposal introduced for the Sixty‑ninth Legislative Assembly (the version that would create a new section in chapter 54‑03 of the North Dakota Century Code and amend §44‑04‑18.6).
Purpose and intent
- To authorize the Legislative Council to disclose to the caucus leader of a member’s political faction (1) the topic and requester name for any request made by a member to the Legislative Council for a draft bill/resolution or a revision, and (2) in most cases, the draft or revision itself. The stated intent is to give legislative caucus leaders access to information about bill requests made by members of their caucus.
Key provisions
- New section in chapter 54‑03 (Requests for legislation — Legislative council — Disclosure to caucus leader):
1. The Legislative Council must disclose to the caucus leader the topic of a request to the Legislative Council by a member for a draft bill/resolution or a revision, and the member’s name.
2. A draft or revision prepared for a member may be disclosed to that caucus leader unless the requesting member affirmatively elects confidentiality in the manner prescribed by the Legislative Council.
3. Records disclosed to the caucus leader under this section are explicitly made exempt from North Dakota’s open records provisions in NDCC §44‑04‑18 and from Section 6 of Article XI of the North Dakota Constitution (the constitutional protection of legislative records).
- Concurrent amendment to NDCC §44‑04‑18.6 clarifies that information related to Legislative Council requests by members may be disclosed to the caucus leader of the requester’s political faction.
Who would be affected
- Members of the Legislative Assembly — their requests for drafts/revisions would be visible to their caucus leader unless they opt for confidentiality as prescribed.
- Legislative Council — required to disclose topics, requester names, and potentially drafts/revisions to caucus leaders.
- Caucus leaders — gain formal access to policy request topics and drafts from members of their caucus.
- Public and media — access to these particular legislative-request records would be limited; records disclosed to caucus leaders would be exempt from public‑records access under the cited statute and constitutional provision.
Potential impacts
- Transparency: narrows public access to member-to-Legislative Council communications by creating a nonpublic pathway to caucus leaders and carving disclosed records out of public‑records coverage.
- Internal coordination: enhances caucus leaders’ ability to monitor or coordinate members’ bill requests.
- Member behavior: some members may opt to preserve confidentiality (per the bill’s opt‑out mechanism), while others may be deterred from seeking draft work if they prefer private preparation.
- Legal/administrative: creates new procedural requirements for the Legislative Council to track and disclose requests and to maintain a confidentiality‑election process.
Procedural status and timeline (as provided)
- Introduced: November 15, 2024.
- Sponsors (ND versions): Representatives Louser, Ista, Lefor; Senators Hogan, Hogue (Legislative Council staff prepared versions).
- Legislative action (reported): Read first time March 11, 2025; referred to committee. According to the bill-header information supplied, the measure reached second reading and failed to pass (second reading vote: yeas 41, nays 52).
Notes and caveats
- The materials provided include several unrelated bills from other states that share the “HB 1356” number; this summary confines itself to the North Dakota proposal to create the new chapter 54‑03 section and the companion amendment to §44‑04‑18.6.
