Landmark legislation passes in ND

A slew of new state laws are due to change the complexion of North Dakota, after state legislators in Bismarck have been hard at work debating and passing hundreds of bills during the 68th legislative assembly.

As per usual, many bills are due to impact the everyday life of North Dakotans, while others have stirred debate and controversy. Here’s a rundown of a few of the most controversial and/or significant bills to emerge from this years’ legislative session:

New transgender and abortion legislation

Among the most controversial laws passed this year pertain to the rights of transgender individuals.

On April 11, Burgum signed two bills into law – House Bills (HB) 1249 and 1489 – prohibiting transgender girls and women from joining female sports teams in K-12 and in college. The bills passed with a veto-proof majority in both houses of the N.D. Legislature, two years after Gov. Burgum vetoed a nearly identical bill in 2021.

A third bill, HB 1254, makes it a criminal act to provide gender-affirming care to individuals under 18 years of age. Specifically, any health care provider that performs sex reassignment surgery on a minor could be charged with a felony – punishable by up to 10 years in prison and $20,000 in fines.

A provider could also be charged with a misdemeanor for prescribing gender-affirmation medication to minors, such as puberty blockers.

Meanwhile, a near-total abortion ban in North Dakota has also passed the legislature with veto-proof majorities in both the House and Senate and has been signed by Gov. Burgum.

Senate Bill (SB) 2150 bans all abortions in the state, with exceptions only in cases of rape, incest and life/ health of the mother. How­ever, the exceptions for rape and incest only last until six weeks' gestation.

The new law also allows for treatment of ectopic pregnan­cies and molar pregnancies, which are both nonviable, dangerous and rare pregnan­cy complications.

The bill makes it a Class C felony to perform or aid in an abortion outside of those exceptions, which is punish­able by up to five years in prison and/or a $10,000 fine. The mother, however, would be protected from criminal charges.

The bill also requires the N.D. Department of Health and Human Services to pub­lish material on services that can assist a woman through pregnancy, as well as mate­rial on the long-term risks of abortion and color photo­graphs documenting the de­velopment of a fetus.

Despite the controversy surrounding these bills, they passed with overwhelm­ing support in the Republi­can-controlled legislature, joining many other states with Republican majorities that have passed similar leg­islation this year.

New traffic laws

Meanwhile, a batch of new state laws arc set to signifi­cantly change the state's traf­fic laws.

SB 2362 - which has been signed by Gov. Burgum - makes not wearing a seatbelt a primary offense in North Dakota. This gives law en­forcement the ability to pull over someone for the sole rea­son of not wearing a seatbelt. The fine for the offense would be $20.

Previously, not wearing a seatbelt was a secondary of­fense, meaning it couldn't be the primary reason for an ini­tiated h·affic stop.

Also signed into law was HB 1141, which alters the state's "slow down, move over" law.

State law already requires highway drivers to shift over a lane or slow down for police cars, ambulances and other emergency vehicles, but with the signing of HB 1141, driv­ers must also slow down or move over for all disabled ve­hicles on the side of the road. Not doing so could result in a $20 fine.

Meanwhile, a fight has been ongoing as to wheth­er the interstate speed limit in North Dakota should be raised to 80 miles per hour.

Earlier this year, the legis­lature passed HB 1475, which would have done exactly that. However, the bill was vetoed by Gov. Burgum, and propo­nents of the bill were unable to overturn that veto.

Then, they tried it again.

Some members of the leg­islature voted to amend SB 2168 - which addresses fines/penalties for speeding and traffic violations - to include an interstate speed limit in­crease to 80 miles per hour.

The House voted 66-24 to approve the changes and send the bill, as amended, back to the Senate for concur­rence.

On April 25, the bill was voted on in the Senate, but did not pass after an 8-39 vote.

New agricultural legislation

As is always the case in North Dakota, agriculture is among the most discussed industries at the state's legis­lative session.

This year, one of the most significant pieces of agricul­ture-related legislation to emerge from Bismarck is HB 1371.

The bill has already passed the legislature, and if signed by the governor would open the door for corporations and LLCs to have some owner­ship in dairy and feeding operations for cattle, poultry and hogs.

Currently, the state's an­ti-corporate farming laws prohibit LLCs and corpora­tions from engaging in the business of farming or ranch­ing, and from owning or leas­ing land for the same.

Should Gov. Burgum sign the bill, which he is expected to do after press time, the law will take immediate effect, allowing farmers and ranch­ers to get started on building projects this year.

How to learn more

There have been literally hundreds of bills considered and debated this legislative session, and not all can be overviewed in one article.

To learn more for yourself about legislation that has passed or is still being debat­ed, go to ndlegis.gov. Watch committee hearings and floor sessions live, read the bills and amendments being discussed, and even find the contact information for ev­ery N.D. legislator.