Legislative Overview – February 14, 2025

 

North Dakota’s legislature is currently addressing a wide range of complex issues. Among them today were parenting visitation rights, tax exemptions for the carbon capture industry, whether to ban investments of North Dakota’s $11 billion Legacy Fund in Chinese companies, an ongoing discussion about whether carbon dioxide pipelines should be granted common carrier status & be granted the use of eminent domain and whether Native American tribes should be allowed to establish gaming operations off-reservation.

Both chambers have been deeply engaged in these debates.  These discussions reflect the legislature’s effort to balance diverse interests and address issues with far-reaching implications for stakeholders across the state.  Be sure to take note of bills that have emergency clauses attached.  That means they take effect immediately after being passed by both chambers.

Summary of Sessions in the House & Senate include:

 

14 Senate Bills Passed and awaiting House Response & 1 House Bill Passed:                                                                                                     SB2084, SB2107, SB2113, SB2133, SB2143, SB2147, SB2153, SB2274, SB2291, SB2333, SB2365, SB2367, SB2375, SCR4019 & HB1038.  Those that failed included: SB2185, SB2192, SB2212,SB 2303, SB2376,  & SB22187.  No Bills Withdrawn.

6 House Bills Passed and awaiting Senate Response:                                                                                                       HB1127, HB1234, HB1330, HB1331, HB1610, & HB11267.  Those that failed include: HB1183, HB1210, HB1242, HB1292, HB1295, HB1414, HB1456, HB1573, & HB1574.  No Bills Withdrawn.

The Bills we are tracking regarding the business world include:

SB2107:  https://ndlegis.gov/assembly/69-2025/regular/documents/25-0516-01001m.pdf

This Bill proposes an amendment to North Dakota Century Code regarding early childhood services training for licensure. It ensures that any department-approved training hours completed by applicants or staff after submitting the required fees and application will count toward their annual licensing requirements for the following year. This change benefits childcare providers and employees by offering flexibility in meeting training requirements.

SB2113:  https://ndlegis.gov/assembly/69-2025/regular/documents/25-8094-05000.pdf

Senate Bill No. 2113 proposes amendments to North Dakota laws related to behavioral health services. It introduces certified community behavioral health clinics, updates financing provisions for health and human services, and revises existing statutes to reflect new service models and terminology. The bill impacts healthcare providers, patients, and government agencies by enhancing access to mental health and substance use disorder treatments.  It could affect the business community, particularly healthcare providers, insurers, and employers involved in behavioral health services. Businesses offering mental health support for employees may see expanded service options and potential cost implications. Healthcare providers could experience regulatory changes, funding opportunities, and increased demand for services. Employers might also face indirect impacts if workforce mental health programs align with the bill’s provisions

SB2376:  https://ndlegis.gov/assembly/69-2025/regular/documents/25-1295-03000.pdf   ~  FAILED

This Bill proposes amending North Dakota’s tribal-state gaming compact to allow the Turtle Mountain Band of Chippewa to operate a gaming facility in Grand Forks County, pending approval from the Bureau of Indian Affairs under the Indian Gaming Regulatory Act of 1988. Currently, tribal gaming is restricted to Rolette County, where the tribe’s reservation is located. This bill would expand gaming opportunities for the tribe by permitting off-reservation casino operations.

If passed, this bill could impact tribal gaming operations, Grand Forks County businesses, and state gaming revenues. The new casino could boost local employment, tourism, and business growth in the region, benefiting restaurants, hotels, and entertainment venues. However, it could also introduce competition for existing gaming operations, including charitable gaming and electronic pull-tab establishments. The bill’s approval would have been contingent on federal oversight and regulatory compliance.

HB1038:  https://ndlegis.gov/assembly/69-2025/regular/documents/25-0329-07000.pdf   ~  PASSED BOTH CHAMBERS & EMERGENCY CLAUSE APPLIES.

This Bill appropriates $11 million from the Strategic Investment and Improvements Fund to the Department of Commerce for a state radar data pathfinder program. This program will integrate federal radar data with North Dakota’s uncrewed aircraft systems (UAS) test site and support beyond visual line of sight (BVLOS) operations. The funding will be used to enhance security protocols, upgrade radar data infrastructure, and provide state agencies with training and technical resources.

This bill could impact state agencies, UAS operators, and technology firms by improving drone safety, operational efficiency, and compliance with federal aviation standards. The Department of Commerce must report to Legislative Management and the Governor on the program’s progress by June 30, 2026. The bill is classified as an emergency measure, meaning it will take effect immediately upon passage.

HB1295:  https://ndlegis.gov/assembly/69-2025/regular/documents/25-0948-01000.pdf   ~  FAILED

This Bill revises tax exemptions related to carbon dioxide capture and use for enhanced oil recovery and secure geologic storage. It also mandates periodic reviews of economic development tax incentives, ensuring they are evaluated every six years. The bill repeals outdated provisions regarding carbon dioxide pipelines and taxes associated with carbon dioxide capture.

Businesses in the carbon capture, oil, and energy sectors could be directly affected. The bill provides tax exemptions for carbon dioxide capture and storage, potentially benefiting companies involved in enhanced oil recovery or secure geologic storage. It also requires periodic reviews of economic development tax incentives, which could influence future business decisions in these industries.

HB1330:  https://ndlegis.gov/assembly/69-2025/regular/documents/25-0779-02000.pdf

This Bill proposes to prohibit the North Dakota Legacy Fund from investing directly in Chinese companies. The bill requires a review of the fund’s holdings, a divestment plan for Chinese company investments, and completion of the divestment by 2030. It impacts the state investment board, which must manage the divestment process. This bill would primarily affect businesses and stakeholders in investment sectors tied to the Legacy Fund. The bill does not explicitly affect any constitutional liberties.

HB1610:  https://ndlegis.gov/assembly/69-2025/regular/documents/25-1276-02000.pdf

Prohibits landlords in North Dakota from charging tenants fees for accepting rent payments made by cash, check, money order, or similar instruments. This bill aims to prevent additional financial burdens on tenants and promote fair leasing practices. Affected stakeholders include landlords, tenants, and property management businesses, potentially influencing their payment processing policies and administrative procedures.

 

~  The legislative process offers multiple opportunities for individuals to influence the outcome of bills with each step of the process and educate others about how they can get involved. Here’s a refresher on how the process works and where you can have an impact.

A bill begins as an idea, often sponsored by a legislator. It is then assigned to a committee for study, hearings, and possible amendments. If the committee approves the bill, it moves forward to be debated and voted on in the originating chamber, either the House or the Senate. If it passes, the bill moves to the other chamber for a similar process. Any differences between the House and Senate versions are resolved through negotiations or conference committees. Once both chambers approve the final version, the bill is sent to the Governor for signature or veto.

There are several points in this process where you can have an influence. One way is by educating lawmakers—contacting your legislators to share your perspective on specific bills. Personal stories or data can be especially persuasive. You can also participate in committee hearings, where committees allow citizens to testify about how a bill might affect them. Additionally, you can submit comments online & here’s one link to do so:    https://ndlegis.gov/legend/constituent/views/public/contact_legislator/ . Advocacy efforts, such as using media tools like writing letters to editors, publishing op-eds, or leveraging social media platforms to inform others and tag lawmakers can also amplify your message.  To contact the Governor to encourage him to sign or to veto a bill passed by both chambers makes a difference as well & you can do that here: https://www.governor.nd.gov/contact

If you know someone who might be affected by a bill, reach out to them and explain its potential impact. Encourage them to contact their representatives or join organizations that provide updates and advocacy tools. This will help them stay informed and like you, contribute directly to shaping policy outcomes.

By understanding these steps and sharing this knowledge with others, you can help ensure that voices are heard throughout the legislative process.

Jan Wangler, Executive Officer