This bill amends section 54-66-04.2 of the North Dakota Century Code, which pertains to the advisory opinions provided by the ethics commission. The amendments allow the ethics commission to issue advisory opinions not only in response to requests from public officials and candidates for elected office but also upon the vote of four of the five commission members. Additionally, the bill specifies that only the requesting public official, candidate, or lobbyist can seek an advisory opinion regarding their own hypothetical conduct, although others may request opinions on their behalf if they provide corroborating evidence of authorization.
Furthermore, the bill 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 also clarifies that individuals acting in good faith based on these opinions will not face criminal or civil penalties, provided the facts of their actions align with those presented in the opinion. The bill maintains that opinions and requests are public records, with the exception of the names involved, and mandates that all advisory opinions be published 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