Legislative Update | March 7, 2025
Posted: Mar 07 2025
This Week at the Legislature
March is known for coming in like a lion and going out like a lamb. The adage is wrong on a couple fronts for this March. First, the weather is definitely already like a lamb, with 60s projected by Monday—which is good for the souls of us cooped up in the capitol all day long. Second, while we anticipated a lion’s share of hearings for the first week after crossover, procedural delays pushed out a huge tranche of hearings until next week.
Next week Thursday will also include the March revenue forecast, which will be the final revenue forecast of the session. Conventional wisdom suggests that “drill, baby, drill” will lead to more production and supply, which will lead to lower prices, which ultimately means less economic Bakken oil and less oil and gas taxes being paid to the state. Stay tuned for next week’s forecast at 8:30 a.m. before the joint House and Senate Appropriations Committees.
Hearings and Other Action this Week
HB 1441 – Specie Legal Tender
The Senate Finance and Tax Committee heard HB 1441 on Wednesday morning. HB 1441 was introduced by Representative Nathan Toman, who explained the bill would allow gold and silver as legal tender in North Dakota. He noted it is not intended to create a state currency. The bill, as amended in the House, would add gold and silver to legal tender in North Dakota and states that United States central bank digital currency is not legal tender. Although not a sponsor of the bill, Representative SuAnn Olson testified in favor of the legislation believing citizens should have another form of currency to use. She asked the committee to amend the bill to include a study regarding how the Bank of North Dakota could develop a type of gold backed debt cards. NDBA’s Rick Clayburgh and DIF Commissioner Lise Kruse testified in a neutral position. Clayburgh summarized NDBA’s amendments that were placed on the bill in the House that “no person shall be required to offer or accept specie legal tender for the payment of debt deposits or any other purpose, nor shall any person incur liability for refusing to offer or incur such legal tender, except if provided by contract.” He also discussed the difficulty consumers could have in determining if gold backed dollars were legitimate. Kruse defined legal tender in federal law and explained why gold is not allowed in banking transactions. She also discussed the difficulty for a consumer to determine the gold content in physical gold. There was no opposition testimony, and the hearing was closed without committee action. That afternoon, the committee acted on the bill. After a lengthy discussion, the committee gave the bill a 4-2 Do Not Pass recommendation. The bill is on the Senate floor calendar waiting for final action.
SB 2122 – Uniform Commercial Real Estate Receivership Act
Wednesday afternoon, the House Industry, Business and Labor Committee heard SB 2122. The bill adopts the Uniform Commercial Real Estate Receivership Act (UCRERA) which provides for a consistent set of rules for receiverships involving commercial property, which in turn creates more predictability for lenders. Parrell Grossman, representing the North Dakota Commission on Uniform Laws, introduced the bill by walking through all the sections of the Act. In addition, he proposed a study resolution be added to the bill. He explained that over the past week, a group of creditor attorneys had reached out to Representative Klemin, a ND Uniform Law Commissioner, with a proposal to expand SB 2122 to all receiverships. Rep Klemin felt it was too late in the legislative process to make such substantial changes to the bill. He felt a legislative study would be appropriate to determine the impact on North Dakota’s current receivership statutes. NDBA’s Rick Clayburgh testified in support of the legislation. He explained receivership procedures vary widely from state to state, and North Dakota’s receivership law has not changed much in the last 80 years. He noted the receiver is someone appointed by the court to take possession of another person’s property and manage it and that the UCRERA will apply only to commercial real estate receiverships. Clayburgh expressed support for the addition of the study. DIF Commissioner Kruse also testified in support. There was no opposition, and the hearing was closed. By voice vote, the committee amended the bill adding the study and gave the bill a 11-0-2 do pass recommendation.
SB 2164 – Disclosure To The North Dakota Protection and Advocacy Project
Wednesday afternoon, the House Human Service Committee heard SB 2164 which was introduced by the Protection and Advocacy Project. As introduced in the Senate, the bill would have required financial institutions to release financial records to P&A when it is investigating suspected abuse, neglect, or financial exploitation of an individual with a disability. It would have given P&A more authority than law enforcement in ND. NDBA and ICBND were successful in amending the bill in the Seante to simply add the Protection and Advocacy Project to the list of agencies to which a financial institution may report suspected exploitation of an eligible adult. Brad Peterson, legal director for the P&A Project, testified in support of the legislation. There was no opposition, and the committee gave the bill a 13-0 do pass recommendation.
HB 1278 – Establishment Cash Management Committee
The Senate Appropriations - Government Operations Division heard HB 1278 Friday morning. HB 1278 was sponsored by Majority Leader Mike Lefor. Leader Lefor explained the bill was a product of the interim cash management study. He explained the purpose of the bill is to provide a three-tier cash management plan for the immediate, intermediate and long-term cash flow needs of the state. As amended in the House, the bill maintains much of the cash management responsibilities with the Bank of North Dakota. Leader Lefor offered amendments to the bill, changing the chair of the committee from the State Treasurer to the Governor. Senator Dale Patten testified in support. There was no further testimony and the hearing was closed. The committee adopted Rep. Lefor’s amendment and gave the bill a 5-0 do-pass recommendation. The bill now heads to the Senate floor for consideration.
Hearings The Week of March 10, 2025
3/10/2025 9:00 AM
HB 1176
Governor’s Property tax proposal. The original bill provided the framework for a $483.4 million property tax credit plan, funded by both the General Fund and the Legacy Earnings Fund to provide a total primary residence credit of $1,550 per qualifying residence per year for the 2025-27 biennium. As amended in the House, the bill increases the primary residence property tax credit from $500 to $1,450 annually and it expands the homestead property tax credit income thresholds and benefit for the renter’s refund program.
Senate Finance and Taxation
Priority
3/10/2025 9:30 AM
HB 1127
Bill updates and clarifies sections of the century code relating to the removal of financial institution officers, directors, and employees; creates a new chapter 13-01.2 to address data security for non-banks.
Senate Industry and Business
Priority
3/10/2025 9:30 AM
SB 2144
Relating to information required in applications for professional employer services licensure, confidential records maintained by the secretary of state, notification provided to and fees charged by a notary public, notification provided to the registrant of a trade name, and fees charged by the secretary of state; and to provide a penalty.
House Industry, Business and Labor
Tracking
3/10/2025 10:00 AM
HB 1447
Relating to virtual-currency kiosks; and to amend and reenact section 13‑09.1‑44 of the North Dakota Century Code, relating to virtual-currency kiosks.
Senate Industry and Business
Priority
3/10/2025 10:30 AM
HB 1183
Relating to gold and silver investments; to provide a report; and to provide an effective date.
Senate Industry and Business
Tracking
3/10/2025 11:00 AM
HB 1134
Relating to harassment of another.
Senate Judiciary
Tracking
3/10/2025 3:00 PM
HB 1507
Relating to the establishment and organization of cooperative financial institutions charter; relating to the application, powers, payment of claims, liquidation, and sale of cooperative financial institutions.
Senate Industry and Business
Priority
3/10/2025 3:00 PM
SB 2229
Relating to required disclosures before the sale of a condominium unit or a property subject to a homeowners' association or a condominium project.
House Industry, Business and Labor
Priority
3/11/2025 9:00 AM
HB 1575
Relating to a legacy earnings fund, a legacy property tax relief fund, a state reimbursed taxable valuation reduction for residential, agricultural, and commercial property,
limitations on taxable valuation increases, and voter-approved excess levy authority. This is a legislator sponsored bill that is a state reimbursed, percentage-based, taxable valuation reduction for residential, agricultural and commercial property.
Senate Finance and Taxation
Priority
3/11/2025 9:30 AM
SB 2356
Relating to the contents of a legal description for a deed and a contract for deed.
House Industry, Business and Labor
Priority
3/11/2025 9:45 AM
HB 1393
Relating to earned wage access providers; and to providing a penalty.
Senate Industry and Business
Tracking
3/11/2025 10:00 AM
SB 2310
Relating to garnishments.
House Finance and Taxation
Priority
3/11/2025 11:00 AM
SB 2127
Relating to the Uniform Electronic Estate Planning Documents Act; and to provide for application.
House Judiciary
Priority
3/11/2025 2:30 PM
HB 1168
Relating to a legacy earnings fund and limitations on property tax levies by taxing districts except school districts without voter approval. The bill decreases the amount school districts can levy on property by 10 mills and mirrors that change in the foundation aid formula, limits mill levy increases on political subdivisions other than school districts, and creates a bucket for the state tuition fund out of the legacy fund earnings.
Senate Finance and Taxation
Priority
3/12/2025 8:30 AM
SB 2014
A BILL for an Act to provide an appropriation for defraying the expenses of the industrial commission and the agencies under its control – including the Bank of North Dakota and the Housing Finance Agency. BND provisions include open records request clarification and update to PACE program.
House Appropriations - Government Operations Division
Priority
3/12/2025 10:00 AM
SB 2282
Relating to an income tax credit for childcare contributions provided by qualified employers; and to provide an effective date.
House Finance and Taxation
Priority
3/12/2025 10:15 AM
SB 2088
Relating to data security requirements for insurance producers; and to repeal section 26.1‑02.2‑11 of the North Dakota Century Code, relating to implementation dates for certain data security requirements for insurance producers.
House Industry, Business and Labor
Tracking
3/12/2025 2:30 PM
HB 1354
Relating to the definitions of agency and evaluation, the standards of professional appraisal practice, and appraisal and evaluation guidelines.
Senate Industry and Business
Priority
3/12/2025 2:30 PM
SB 2014
A BILL for an Act to provide an appropriation for defraying the expenses of the industrial commission and the agencies under its control – including the Bank of North Dakota and the Housing Finance Agency. BND provisions include open records request clarification and update to PACE program.
House Appropriations - Government Operations Division
Priority
3/12/2025 3:15 PM
SB 2123
Relating to the Uniform Special Deposits Act; and to provide for application.
House Industry, Business and Labor
Priority
3/13/2025 10:00 AM
SB 2225
A BILL for an Act to provide an appropriation to the department of commerce for a housing for opportunity, mobility, and empowerment program (HOME). The governor’s housing plan focuses on local political subdivisions. A community decides the type of housing they need and which contractor they want to build the project. The community, state and developer each put up 1/3 of the cost for the infrastructure. Then, the contractor builds the project.
House Political Subdivisions
Priority
3/14/2025 9:30 AM
HB 1480
Relating to a request for a certificate of title for a motor vehicle. Creates a process for an individual to obtain a title to an older vehicle that has not had a certificate of title registered for more than 10-years.
Senate Transportation
Tracking