The bill amends section 54-66-04.2 of the North Dakota Century Code to clarify the process for obtaining advisory opinions from the ethics commission. It allows the commission to provide written advisory opinions not only in response to requests from public officials, candidates for elected office, or lobbyists, but also upon the vote of four of the five commission members. Additionally, it specifies that only the requesting public official, candidate, or lobbyist can seek an opinion regarding their own hypothetical facts or prospective conduct, although others may request an opinion on their behalf if they provide corroborating evidence of authorization.

The bill also establishes a timeline for the ethics commission to respond to requests for advisory opinions, requiring notification within fourteen days and issuance of the opinion within ninety days. It ensures that individuals acting in good faith according to the opinions will not face criminal or civil penalties, provided the facts of their actions align with those presented in the opinion. Furthermore, it mandates that all opinions and requests for opinions be treated as open records, with the exception of the names of individuals involved, and requires the commission to publish all advisory opinions on a publicly accessible website.

Statutes affected:
PREFILED: 54-66-04.2
Adopted by the House Judiciary Committee: 54-66-04.2
FIRST ENGROSSMENT: 54-66-04.2
INTRODUCED: 54-66-04.2