Judiciary Committee: Key votes on penitentiary housing plan, protection-order access, guardianship and two concurrent resolutions

The Senate Judiciary Committee met in quorum and took votes on several bills and two concurrent resolutions, moving a handful of items forward and rejecting one restraining-order measure.

Committee members amended and recommended a due-pass for Senate Bill 2352 — the bill concerning a penitentiary-related housing plan — and referred it to the Appropriations Committee for consideration of related funding. The panel also approved an amended version of Senate Bill 2289 to expand law-enforcement access to protective-order records, and it voted a do-not-pass on Senate Bill 2326, the proposed changes to assault restraining-order language. Lawmakers recommended due-pass on Senate Bill 2291 (guardianship revisions) as amended. The committee approved two concurrent resolutions: SCR 4017, declaring certain explicit material a public-health hazard (due pass), and SCR 4018, urging planning for a memorial honoring volunteer and career emergency medical services personnel (due pass as amended).

Why it matters: the committee’s votes advance several measures to the full Senate or to further review. Referral to appropriations signals potential state spending tied to SB 2352; the guardianship and protective-order changes affect court practice and access to information; the concurrent resolutions reflect policy statements the Legislature may act upon.

Most important actions and outcomes

SB 2352 (penitentiary housing plan) — amendment adopted; due-pass as amended; re-referred to Appropriations - What happened: Senator Paulson introduced an amendment that (among other technical edits) limited coverage to persons age 18 or younger and struck the original section 1. The amendment was adopted by voice vote. Senator Brownberger moved a due-pass recommendation as amended; the motion carried on roll call. Committee members then agreed to re-refer SB 2352 to the Appropriations Committee after discussion that the program includes roughly $100,000 for pillows and blankets and other start-up items. - Decision: due pass as amended; re-referred to Appropriations.

SB 2289 (access to protective-order records) — amendment adopted; due-pass as amended - What happened: Senator Castaneda moved an amendment replacing repeated references to “sheriff” with “law enforcement officers” to broaden who can access protective-order records and to allow officers responding to calls to see existing orders. The amendment passed by voice vote. Castaneda then moved a due-pass as amended; the bill passed out of committee on a roll call. Chair Larson stated she would carry the bill to the floor. - Decision: due pass as amended.

SB 2326 (assault restraining-order language) — do not pass - What happened: The sponsor offered an amendment replacing the word “victim” with “protected party” to align with federal language used in VAWA (Violence Against Women Act). The motion to amend died for lack of a second. A motion for a due-pass similarly failed for lack of a second. Senator Merdahl moved a do-not-pass recommendation; the motion passed on roll call with a majority in favor. The committee asked who would carry the do-not-pass recommendation to the floor; Senator Brownberger was later identified as the one to carry it. - Decision: do not pass (motion carries).

SB 2291 (guardianship revisions) — due pass as amended - What happened: Committee members earlier unstruck language to restore a reference to “limited guardian” on page 8 (lines 29–31). An additional proposed expansion of guardian liability recommended by a witness (Mr. Bernstein) was not supported by the Supreme Court’s feedback and was not adopted. Senator Corey moved a due pass as amended (seconded by Senator Paulson); the motion carried on roll call. Senator Paulson agreed to carry the bill to the floor. - Decision: due pass as amended.

SCR 4017 (concurrent resolution recognizing explicit material as a public-health hazard) — due pass - What happened: Multiple witnesses and advocacy groups testified in support, describing public-health and societal harms they associate with widespread consumption of explicit material. Speakers included Mark Engott (Powers Lake) and representatives of the North Dakota Family Alliance, Shared Hope International, and survivor-advocacy organizations. Senator Bridal moved a due-pass recommendation on SCR 4017; the motion carried on roll call. Senator Bridal will carry the resolution to the floor. - Decision: due pass.

SCR 4018 (memorial for EMS personnel) — amendment adopted; due pass as amended - What happened: Sponsor Senator Josh Bochee proposed technical amendments to change references from a facilities “management division” to the DHHS “medical services unit” and related phrasing. The committee adopted the sponsor’s recommended amendment by voice vote, then voted a due-pass recommendation as amended. Senator Castaneda will carry the resolution to the floor. - Decision: due pass as amended.

Other items - The committee discussed a library bill and a securities/uniform-code-related bill (electronic stock ownership language) and deferred action while negotiators and industry groups supply revised language or additional information. Several items were placed on hold or slated for follow-up.

Discussion vs. decisions - Discussion only: banking/uniform-code concerns about custodial holdings of stock; outstanding drafting questions on liability language for guardianship; the library bill (awaiting banking-industry input). - Direction/assignment: sponsors were asked to follow up with agencies (for example, the Supreme Court on guardianship liability language and the Attorney General on the library bill). Staff were asked to circulate updated DOCR rules and plans for the penitentiary housing proposal. - Formal actions: the votes listed above (amendments adopted, due-pass or do-not-pass recommendations, and the referral of SB 2352 to Appropriations).

Quotes and testimony - “I respectfully request your support in voting for a due pass on senate resolution 4017,” said Mark Engott during his testimony in support of SCR 4017. - Witnesses who testified on SCR 4017 included Todd Fasetta and Tammy Brown Rodriguez, who provided survivor and advocacy perspectives and urged a due-pass recommendation.

What’s next - Bills recommended do-pass or do-pass as amended will be scheduled for floor consideration; SB 2352 will first go to the Appropriations Committee for review of its funding elements. Measures that received a do-not-pass recommendation will not advance from this committee unless reconsidered or taken up on the floor by sponsor request.

Ending note: The Judiciary Committee recessed and planned to reconvene for additional items later in the day; senators carrying each item were announced in committee at the close of the hearing.