Senate approves multiple bills, raises firefighter death benefit; judge-change measure fails

Bismarck — The North Dakota Senate on Jan. 21, 2025, approved several bills, adopted committee amendments and re‑referred other measures to new committees, while rejecting a judiciary procedural change that would have required written reasons to request a new judge.

The most prominent outcomes included final passage of Senate Bill 2134, Senate Bill 2045 and Senate Bill 2135; unanimous adoption of several committee amendments to bills on emergency-vehicle protections, water and wastewater operator procedures, and mine drainage fund language; and the defeat of Senate Bill 2102 on a 4-43 vote.

Why it matters: the package of actions updates statutory language across multiple state codes, increases a firefighter death benefit, and clarifies administrative processes in state agencies. The failed judge-change bill spurred a substantive debate over court procedure, attorney-client privilege and rural access to judges.

Senate action and key votes

- Senate Bill 2134 (final passage): Engrossed as an act to amend and reenact subsection 1 of section 15-39.1-05.1 of the North Dakota Century Code related to the composition of the Teachers Fund for Retirement board. The chamber recorded 47 ayes, 0 nays, 0 absent; the bill passed. Senator Bridal presented the measure as coming from the Department of Public Instruction and said the change would allow a designee from the department or the state treasurer to serve when the principal officeholder has a scheduling conflict.

- Senate Bill 2045 (final passage): Engrossed to amend sections 43-07-12 and 48-01.2-05 of the Century Code to remove obsolete bidding provisions tied to Public Law 99-294 (the Garrison Diversion Unit Reformulation Act of 1986). Senator Gearhart said the bill is a cleanup measure requested by the Department of Water Resources; final tally 47 ayes, 0 nays, 0 absent; the bill passed.

- Senate Bill 2135 (final passage): Amends subsection 2 of section 18-04-05 and section 18-05.1-02 of the Century Code relating to the firefighters' death benefits fund. Senator Klein said the bill increases the death benefit from $10,000 to $25,000 and raises the cap the commissioner may maintain to $125,000; final tally 47 ayes, 0 nays, 0 absent; the bill passed.

- Senate Bill 2102 (failed): A bill to amend section 29-15-21 of the Century Code relating to a written demand for change of judge. Senator Meerdal reported that his committee issued a single do‑not‑pass recommendation, citing concerns that the proposal would revert to pre-1971 practices, conflict with current court rules and risk infringing attorney-client strategy by requiring a stated reason for a judge change. Senator Larson, who introduced the bill, said he supports the idea because some attorneys appear to “judge shop” by switching judges for convenience; he acknowledged the judiciary committee voted against it. Final tally: 4 ayes, 43 nays, 0 absent; the bill failed.

Committee re-referrals and returns to the floor

- Senate Bill 2173 was re-referred to the Human Services Committee on a unanimous voice vote. (Motion moved by Senator Klein.)

- Senate Bill 2113 was returned to the Senate floor from Appropriations and then re-referred to the Human Services Committee; motions carried by voice vote (motions moved by Senator Klein).

- Senate Bill 2321 was returned to the Senate floor from Natural Resources and then re-referred to the Judiciary Committee; motions carried by voice vote (mover: Senator Klein; a second was recorded on the floor).

Adopted committee amendments

- SB 2132 amendment (Transportation Committee): The amendment extends protections already afforded to snowplows to "authorized emergency vehicles," and explicitly includes first responders and occupants of those vehicles under section 1, item 2(b). Senator Rummel introduced the amendment and said the Transportation Committee voted 6-0 to approve it; the floor adopted the amendment by voice vote.

- SB 2110 amendment (Workforce Development Committee): The amendment updates administrative procedures for the Department of Environmental Quality’s water distribution and wastewater system operator oversight, adding administrative procedures and judicial review language to ensure due process; the workforce committee approved it unanimously and the amendment was adopted on the floor.

- SB 2117 amendment (Energy and Natural Resources Committee): A cleanup amendment clarifying allowable uses of funds from the relevant account, including construction, operation, maintenance and rehabilitation of acid mine drainage treatment systems and prevention/abatement of coal mine fires; the amendment was approved in committee and adopted on the floor.

Withdrawals and other procedural items

- Senator Bridal requested unanimous consent to withdraw Senate Bill 2268, noting a similar, shorter measure was being pursued by another senator; with no objection, SB 2268 was withdrawn.

- The Senate adopted a motion to set future orders and adjourned until 1 p.m. Wednesday, Jan. 22, 2025.

Discussion highlights and concerns

- On SB 2102, Senator Meerdal, speaking for his judiciary committee's dissent, argued the bill would undo reforms dating to 1971, could conflict with current court rules and might force attorneys to disclose litigation strategy. He urged senators to vote against it. Senator Larson said he supports requiring a reason for a judge change to deter judge shopping and cited contacts from law enforcement raising concerns about rising violent crime; Larson acknowledged that testimony at committee hearings had been mixed and his committee issued a do-not-pass recommendation.

Quotations

- "We're grateful that those who've traveled here in the last few days have done so safely," Chaplain Lisa Alnis said in the opening prayer. (prayer, non-substantive)

- "It was brought to the attention of us by the Department of Public Instruction...a designee from the Department of Public Instruction or a designee from the office of state treasurer could attend should there be conflicts," Senator Bridal said regarding SB 2134.

- "We're raising that death benefit to $25,000 and we're raising the fund that the commissioner can maintain to $125,000," Senator Klein said about SB 2135, which he described as supporting volunteer and career firefighters across the state.

- "This would take us back to pre-1971 practices...it would also...be in opposition to all current court rules," Senator Meerdal said in urging colleagues to vote against SB 2102.

Ending

The Senate completed a busy floor session that combined technical statutory cleanups, a demonstrable increase to an established death benefit for firefighters, committee reassignments of bills, and a contested judiciary proposal that failed. The chamber recessed and will reconvene at 1 p.m. on Wednesday, Jan. 22, 2025.