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Ethics Commission asks committee to let it initiate advisory opinions; Judiciary amends measure and votes do-not-pass
Summary
The Ethics Commission sought statutory authority to let the commission itself request advisory opinions; the House Judiciary Committee amended the bill to require four commissioners’ support, debated the change and ultimately voted ‘do not pass.’
The House Judiciary Committee heard testimony on House Bill 1046, which would amend Section 5466 04.2 of the North Dakota Century Code to clarify and expand the Ethics Commission’s advisory-opinion process. Rebecca Binstock, executive director of the North Dakota Ethics Commission, testified the commission wants statutory authority to initiate written advisory opinions when recurring questions arise and to codify the commission’s current practice for accepting third-party requests made on behalf of regulated persons.
Binstock told the committee advisory opinions provide a “safe harbor” for public officials, candidates and lobbyists who seek prospective guidance on ethics questions and that the…
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