An Overview of the
66th Legislative Session
By Tony Weiler
SBAND Executive Director
The 2019 Legislative Session ended after 76 days, and 908 bills were
introduced during the session (compared to 780 in 2017 and 854 in
2015). House members introduced 546 bills, while their counterparts
in the Senate introduced the remaining 362. The House also
introduced 59 resolutions, and the Senate introduced 18 resolutions.
The total budget was $14.8 billion for the biennium.
SBAND tracked just over 100 bills during the session. In continuing
with our Keller policy and those set by the Board of Governors,
SBAND did not take a position on any legislation that didn’t have to
do with improving the practice of law or discipling in the profession.
You can find our full legislative report on the SBAND website.
We asked several members who are actively engaged in the legislative
process to provide further comment. Below are the details SBAND
members shared on legislation they took part in or followed.
It was a mixed bag for open records and meetings, or public transparency.
On the plus side, HB 1229, that would have allowed counties to put a list
of the checks they approve on their web page rather than in their minutes
and eliminated the publication of election abstracts, and SB 2062, that
also eliminated abstract publication, were defeated. HB 1117 requires
newspapers to post all public notices on the North Dakota Newspaper
Association (NDNA) public notice web site and on their own web sites
if they have one. SB 2037 requires published notice in the official county
newspaper and any newspaper within 30 miles of a proposed site for any
proposed testing, drilling, etc. involving high-level radioactive waste.
However, on the negative side, the 66th Legislative Assembly passed HB
1132 closing records of interviews for law enforcement positions and HB
1332 that allows schools boards, in secret, to designate school employees
to carry firearms. And, it defeated HB 1363 that would have required
release of certain information regarding the costs of security and travel for
the Governor and other state officials. It also passed SB 2021 to expand
confidentiality of legislative communications to any public agency, but
that is being referred. Criminal libel penalties were taken out of HB 1521
that creates the Ethics Commission, but much of the new commission’s
proceedings remain confidential. And, SB 2320, while allowing
controversial free speech on college campuses also, unfortunately, permits
certain restrictions on when and where controversial speech is allowed.
— Jack McDonald, Wheeler Wolf Law Firm
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THE GAVEL