Signed by Governor Doug Burgum

Vote Smart's Synopsis:

Vote to pass a bill that amends state ethic laws for campaign lobbying.

Highlights:

• Requires a lobbyist who expends an amount greater than $200 file a report with the secretary of state that includes the known ultimate and true source of the funds for expenditure (Sec. 24).

• Defines “ultimate and true source” as the person that knowingly contributed over $200 solely to lobby or influence state government action (Sec. 24).

• Prohibits a lobbyist from knowingly giving, offering, soliciting, initiating, or facilitating a gift to a public official and prohibits the public official from knowingly accepting the gift from the lobbyist (Sec. 24).

• Specifies that the above provisions to not apply when a lobbyist gives, offers, solicits, initiates, facilitates a gift to a public official from their family member (Sec. 24).

• Authorizes the secretary of state to assess the following civil penalties on any individual who violates this act (Sec. 24):

• For a $500 gift, a civil penalty of at least two times the value of the gift; or

• For a gift of less than $500, the civil penalty must be no less than 2 times the value of the git.

• Establishes an ethics commission within the state of North Dakota and specifies that complaints may be made to the commission either orally or in writing (Sec. 24).

• Authorizes the ethics commission to do the following after hearing or receiving a complaint, including (Sec. 24):

• Investigate the allegations in the complaint;

• Attempt to negotiate or mediate an informal resolution between the accused individual and the compaintant;

• Refer the complaint to the bureau of criminal investigation or other appropriate law enforcement agency;

• Refer the complaint alleging violation of open meetings or open records requirements to the attorney general.

• Requires that the ethics commission make public its written findings of fact at the conclusion of the hearing that state whether the ethics commission believes that a violation of law regarding transparency, corruption, elections, or lobbying occured (Sec. 24).

• Authorizes the accused individual or complainant to appeal a finding of the ethics commission to the district court of the county where the accused individual resides (Sec. 24).

• Establishes a penalty of $1,000 to any individual the ethics commissions finds to have knowingly violated the restriction on lobbying by public officials (Sec. 24).

• Specifies that an ethics commission member may be removed for the following reasons by a majority vote of the governor, majority leader of the senate, and the minority leader of the senate (Sec. 24):

• Substantial neglect of duty;

• Gross misconduct in office;

• Violation of the commission's code of ethics; or

• Willful or habitual neglect or refusal to perform the duties of the member.

Full Bill Text