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Committee rejects broad Ethics Commission overhaul, advances several narrower bills; immunity and pension measures debated

2364145 · February 20, 2025
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Summary

BISMARCK — Lawmakers on the House committee on ethics and government on Tuesday refused to advance a bill that would broaden the North Dakota Ethics Commission’s enforcement procedures, while approving a mix of other measures ranging from legislator conflict‑of‑interest protections to pension eligibility and procurement changes.

BISMARCK — Lawmakers on the House committee on ethics and government on Tuesday refused to advance a bill that would broaden the North Dakota Ethics Commission’s enforcement procedures, while approving a mix of other measures ranging from legislator conflict‑of‑interest protections to pension eligibility and procurement changes.

The committee voted 9–3 to recommend “do not pass” on House Bill 1360 after protracted testimony about whether the measure would allow the commission to “define, execute, and interpret its own rules.” Chris Joseph, general counsel for the governor, testified that "as written, however, House Bill 13 60 is overbroad and there are unintended consequences our office believes will occur if the bill passes," arguing the language as drafted could delegate enforcement authority that, in the governor’s view, belongs to the legislative assembly. "By allowing the enforcement action language and new enforcement process, the Ethics Commission is defining, executing, and interpreting its own rules," Joseph said.

Rebecca Binstock, executive director of the North Dakota Ethics Commission, told the committee the commission interprets its authority as "to adopt rules" but said the panel’s proposed changes would make the process less punitive and more educational. She described a multi‑stage case process that she said can leave matters open for long periods and said the commission supports some changes to speed up resolution while preserving due process.

Committee members repeatedly raised concerns about checks and balances. Representative Steiner, who moved the do‑not‑pass recommendation, said the bill appeared to dilute statutory guardrails the legislature has already set and that "the ethics commission kinda sits a little bit outside the three" branches. After debate the committee approved the do‑not‑pass recommendation by roll call.

Aside from HB 1360, the committee acted on multiple other…

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