Legislators receive criminal protection for votes after disclosing interests

A legislator who follows disclosure rules is immune from state criminal prosecution for an offense arising from a legislative vote. The protection covers a member of the Legislative Assembly and an organization for which that member is an agent. The legislator must disclose a personal or private interest as required by legislative rules. Relying on informal advice from ethics commission staff is an affirmative defense in a prosecution over a vote; it does not itself provide immunity.

The Ethics Commission must prepare and publish an annual report and adopt rules for timely complaint handling. These duties apply to the North Dakota Ethics Commission. The report must cover complaints and their status and resolution, advisory opinions, conflict disclosures, education and outreach, and the commission's budget. The report may include recommendations for laws, rules, or policies. The commission must publish each report within 60 days after the fiscal year ends.

The state provides money to cover the Ethics Commission's expenses. The appropriation is for the North Dakota Ethics Commission. The appropriation comes from general fund money not otherwise appropriated. The funding covers the two-year period from July 1, 2025, through June 30, 2027.

The commission must keep certain complaint and investigation information confidential, subject to stated exceptions. The rules cover information about complaints, respondents, complainants, investigations, and informal resolutions handled by the Ethics Commission. Complaint and investigation information may be disclosed when required by law or needed to conduct an investigation. Information about an informally resolved complaint, including the resolution, is confidential. Complainant-identifying information remains confidential unless the complainant waives confidentiality, authorizes disclosure, or reveals identifying information. For certain complaint and investigation information, confidentiality ends only if the commission finds a violation and a court affirms that finding if it is appealed.