Committee gives due-pass recommendations on radon disclosure, garnishment fee and notary bill

The Senate Industry and Business Committee recommended due pass on three distinct measures Wednesday after amendments and testimony.

In committee action, members approved amended language on Senate Bill 2204 (radon disclosure), recommended a due-pass on Senate Bill 2310 (increase in garnishment disclosure fee), and adopted an amendment to Senate Bill 2144 (Secretary of State notary/filing language) before recommending a due-pass. Committee members said they will circulate final amendment language and return drafts to the committee for cleanup where needed.

The radon bill, SB2204, was amended to remove references to commercial real property and to limit disclosure requirements to residential property; the amendment was moved and seconded by committee members and passed on a recorded roll call. After the amendment passed, the committee voted to give SB2204 a due-pass recommendation as amended.

On SB2310, testimony from industry witnesses described the administrative and legal work banks and employers perform when served with garnishments; the bill would raise the statutory fee a garnishee may charge from $25 to $40. Witnesses and senators discussed that the single fee covers up to a 300-day garnishment period and that multiple garnishments or multiple institutions may generate separate fees. The committee voted to recommend due pass on SB2310.

Senate Bill 2144 received an amendment restoring two statutes previously proposed for repeal so the secretary of state retains authority to redact certain identification numbers from filings; the amendment passed and the committee recommended due pass on the bill as amended.

Votes at a glance

- SB2204 (radon disclosure): Amendment to remove commercial property references passed; committee recommended due pass on the bill as amended. Vote record on final committee roll call (recorded “Aye”): Senator Jeff Barta (Chairman), Senator Jerry Klein, Senator Kessel, Senator Castle, Vice Chairman Behm, Senator Engate. Outcome: due pass recommendation to the next stage.

- SB2310 (garnishment fee): Committee recommended due pass after testimony from banking industry witnesses. Vote record (recorded “Aye”): Senator Jeff Barta (Chairman), Senator Jerry Klein, Senator Kessel, Senator Castle, Vice Chairman Behm, Senator Engate. Outcome: due pass recommendation to the next stage.

- SB2144 (Secretary of State notary/filing language): Committee adopted an amendment (which removed a repeal of two code sections) and recommended due pass on the bill as amended. Vote record (recorded “Aye”): Senator Jeff Barta (Chairman), Senator Jerry Klein, Senator Kessel, Senator Castle, Vice Chairman Behm, Senator Engate. Outcome: due pass recommendation to the next stage.

What the committee said

Committee members and witnesses addressed implementation details and administrative mechanics during debate and testimony. For SB2310, Rick Kleberg of the North Dakota Bankers Association explained the practical steps a garnishee must take — legal review, completing disclosures, holds on funds and repeated compliance steps for each paycheck — and described common errors that require legal work. For SB2204 the committee and testifiers walked through specific draft language changes to ensure the disclosure requirement applies to residential transactions and to remove commercial references. For SB2144 committee staff and the secretary of state's office discussed retaining two statutory redaction provisions to allow the office to redact fee numbers inadvertently provided on filings.

Next steps

Sponsors and staff said they will circulate final amendment language and allow the committee counsel to refine statutory references and application mechanics before the bills move forward for further consideration.